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2005 10-04 CC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — October 4, 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 interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. I// Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 10/4/05 PAGE 2 PROCLAMATION Proclaiming the week of September 26 — October 1, 2005 as: "SOLAR ENERGY WEEK" PRESENTATION Presentation by Gary Gallegos, Executive Director, San Diego Association of Governments (SANDAG) o $3.0 M Transnet Advance (see Item # 25) o Award of $2.0 M for Smart Growth Grant for National City Blvd. Downtown Streetscape Improvements INTERVIEWS/APPOINTMENTS 1. Boards & Commissions: Community and Police Relations Resolutions Commission (CPRC) — Interviews and Possible Appointment. (City Clerk) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. A Resolution of the City Council of the City of National City authorizing the acceptance of grant funds in the amount of $996,495.00, the incurring of an obligation, the execution of a grant agreement and any amendments thereto, and any other documents necessary to secure a Healthy Homes Demonstration Grant from HUD. (Building & Safety) 4. Resolution to authorize the Chief of Police to enter into Memorandums of Understandings with the Sweetwater High School District and the National School District for joint funding of the School Resource Officer Program. (Police) COUNCIL AGENDA 10/4/05 PAGE 3 CONSENT CALENDAR (Cont.) 5. Resolution of the City Council of the City of National City approving Change Order Number One with California Commercial Pools, Inc. for the installation of a new heater for the pool in the amount of $36,000 as part of the National City Municipal Pool Renovation Project. (Engineering) 6. Resolution authorizing the City Engineer to establish red curb "No Parking" zones adjacent to the driveway at 3040 E. 7th Street. (L. Williams, TSC Item No. 2005- 28) (Engineering) 7. Resolution authorizing the City Engineer to establish red curb "No Parking" zones on the northwest and southwest corner of 20th Street and "A" Avenue. (B. Hilger, TSC Item No. 2005-31) (Engineering) 8. Resolution of the City of National City approving an encroachment agreement with Thrifty Oil Co. for the installation of three groundwater monitoring wells at 1606 Plaza Boulevard east of Palm Avenue. (Engineering) 9. Resolution of the City of National City approving Change Order Numbers 13 and 14 with Jaynes Corporation in the combined total amount of $103,867 for various necessary design modifications and upgrades to the National City Library and authorizing the City Engineer to sign the change orders. (Engineering) 10. Resolution approving Council Policy on the City of National City Investment Policy. (Finance) 11. Request to use the Martin Luther King, Jr. Community Center by the Sweetwater Union High School Marine Corps JROTC and waiver of all fees for their "First Semester Promotion and Change of Command Ceremony" on Tuesday, December 6, 2005. (Community Services) 12. Resolution approving a Conditional Use Permit to construct a wireless communications facility at 1439 Tidelands Avenue. Applicant: WFI for Cingular Wireless. Case File No. CUP-2005-9. (Planning) 13. WARRANT REGISTER #10 (Finance) Ratification of Demands in the amount of $329,995.26. COUNCIL AGENDA 10/4/05 PAGE 4 CONSENT CALENDAR (Cont.) 14. WARRANT REGISTER # 11 (Finance) Ratification of Demands in the amount of $2,533,925.79. TEMPORARY USE PERMITS 15. Temporary Use Permit — Temporary Trailers for Chula Lumber at 901 W. 23rd St. — September 1, 2005 to September 1, 2007. (Building & Safety) 16. Temporary Use Permit — Common Man Wealth Industries/Kids Say Nope to Dope — Nope to Dope Park Rally — Saturday, October 15, 2005, 11 a.m. to 4 p.m. at Las Palmas Park. (Building & Safety) 17. Temporary Use Permit — Fiesta Filipino — Mexican Karaoke Competition at 1420 E. Plaza Blvd. on October 29, 2005 from 10 a.m. to 10 p.m. (Building & Safety) 18. Temporary Use Permit — Cornerstone Church's Harvest 2005 at 1920 Sweetwater on October 30, 2005 from 5 p.m. to 9 p.m. (Building & Safety) 19. Temporary Use Permit — Fall Festival at South Bay Community Church, located at 1920 Sweetwater Road, on October 31, 2005 from 6 p.m. to 10 p.m. (Building & Safety) 20. Temporary Use Permit — Community Services' El Toyon Community Party at El Toyon Recreation Center on November 5, 2005 from 11 a.m. to 4 p.m. (Building & Safety) 21. Temporary Use Permit — Sweetwater Motorcycles, Inc's. Tijuana Toy Run at 3201 Hoover Avenue on December 11, 2005 from 8 a.m. to 11 a.m. (Building & Safety) PUBLIC HEARINGS 22. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the -reposed conversion of 20 apartment units (Lona Manor) to condominiums at 835 E. 18th Street. Case Files: S 2005-08 / CUP 2005-14. (Planning) COUNCIL AGENDA 10/4/05 PAGE 5 PUBLIC HEARINGS (Cont.) 23. Public Hearing — Amendment of the General Plan and Title 18 (Zoning) of the Municipal Code to allow for multi -family residential use in the Private Institutional (IP) Zone (Applicant: The Olson Company) (Case File No. GP-2005-3/A-2005- 1/IS-2005-2) (Planning) 24. Public Hearing — Tentative Subdivision Map and Planned Development Permit for 96 residential condominium units on a 4.5-acre vacant site between 6th Street and 8th Street on the east side of Arcadia Avenue. (Applicant: The Olson Company) (Case File No.: S-2005-5/PD-2005-3/IS-2005-1) (Planning) NON CONSENT CALENDAR 25. Resolution of the City of National City awarding a contract in the amount of $3,313,214.39 to Manhold Adjusting Contractors, Inc. for the National City Street Resurfacing Project, FY 05-06, Specification No. 04-09. (Engineering) 26. Resolution of the City Council of National City approving the Bike Path Master Plan Request for Qualifications package and designating Councilmember(s) to the Consultant Selection Committee. (Engineering) 27. Resolution giving Notice of Intention to vacate portions of 7th Street east of Arcadia Avenue and Pleasant Lane north of E. 8th Street. (Case File No. SC-2005-1) (Planning) 28. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with MBIA Muniservices to provide a report outlining the actions required to consolidate the administration of the Community Development Commission of the City of National City with the Administration of the City of National City, to be under the supervision of the City Manager. (City Attorney) STAFF MAYOR AND CITY COUNCIL COUNCIL AGENDA 10/4/05 PAGE 6 CLOSED SESSIONS Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) One Potential Case Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One Potential Case Next Regular City Council Meeting — Tuesday — October 18, 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 �R1bRA]IIl Av'�� Nick Inzunza Mayor CITY OF NATIONAL CITY e 1Xf C',avi'1,GitiC>1 WHEREAS, The City of National City is committed to using alternative and environmentally sound methods to produce energy for its residents; and WHEREAS, Solar energy is a clean, renewable source of energy; and WHEREAS, The City of National City has made it a goal to educate residents of renewable energy systems whenever possible; and WHEREAS, The City of National City is continually striving to increase the quality of life for its residents by educating them of the use of solar energy, reducing emissions and improving air quality. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim the week of September 26- October 1, 2005 as: SOLAR ENERGY WEEK We call upon all citizens of National City take a moment to commemorate this event in their own individual manner. Ron Mo1Tison Viayor Luis 1ati . d Co ncil ber Frank Parra Councilmember PRESENTATION Presentation by Gary Gallegos, Executive Director, San Diego Association of Governments (SANDAG) o $3.0 M Transnet Advance (see Item # 26) o Award of $2.0 M for Smart Growth Grant for National City Blvd. Downtown Streetscape Improvements City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 MEETING DATE AGENDA ITEM NO. 1 ITEM TITLE BOARDS & COMMISSIONS: Community and Police Relations Resolutions Commission (CPRC) — Interviews and Possible Appointment. PREPARED BY Michael R. Dallai DEPARTMENT City Clerk EXT. EXPLANATION At the present time there is one regular vacancy on the CPRC. Two residents have applied and need to be interviewed. Both applicants have been invited to be present at the October 4th meeting. Their applications are attached ( Environmental Review Xx— N/A (-Financial Statement None MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION At Council discretion, an appointment may be made after the interviews or at a subsequent meeting. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Applications A-200 (Rev. 7/03) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES o Building Advisory & Appeals Board* O Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee ' Library Board of Trustees O Military, Civic and Special Events Advisory Board ❑ Parks & Recreation Advisory Board ?Planning Commission C1 Port Commission ❑ Public Art Committee* ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board X Street Tree & Parkway Committee ❑ Sena Library System Advisory Bd ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name f 1 //614/0i -c "oz,h/ti0 Tel. No. 6/' y 5 y-tO 3 a S.5612T� 3V Business Address a VeT/D/l/r.t. c ' 'j 5(� Tel. No. 6/9 y77 Z90v Length of residence in National City .,VW San Diego County 0 Y 'California 34' W,31 Home Address a/ a-/ (',eel s 7 Business Affiliation eghiN elf-60 Z 1-77 /41C Title Educational Background Occupational Experience Krr. /`L� tf� A Professional or technical organization memberships alfrly i n-C-4,y%e-E., Civic or community experience, membership, or previous public service appointments: { TEA Sit 2— , 470,c6 s Experience or special knowledge pertaining to area of interest: /i"WJ"C,Ft-roL/S'/} d4f t, Oov©mi( ,DEI/ lam/ EA)7" Cb47m/7E,4- m8 , odLte) 19ve you—e7ver been convicted of a crime? No X Yes Date ! /S `Q S Signature `W Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Residency requirements may not apply p/iif3e_. esT- Revised July 15, 2004 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission 4tCommunity & Police Relations Commission* O Housing & Community Development Committee O Library Board of Trustees ❑ Military, Civic and Special Events Advisory Board ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Port Commission ❑ Public Art Committee* ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board ❑ Street Tree & Parkway Committee ❑ Serra Library System Advisory Bd ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name Ric/Mf2L C. �I2,¢mc_ Home Address 4,1-00 645r ad sr- ,A1A-p'p,,dl ah Tel. No. Business Affiliation "/yG0 LAWgNfiprzLC-fl C-,r_-f I itle/ Business Address Tel. No. Length of residence in National City 3 (y2S San Diego County `-((p Y2 $California 3. Y Educational Background (.44' 41) .) tck -{ o(Aei; o,� C°rr C-C.E-r _4 e-Ockc Art " 0 - A//to 5 i l �r M Qum m t'Avrc ( ► l"i S"("l'c-E A-oi Wt.(' A/ Occupational Experience 5 4-Mt. `/7 7- 9A; Professional or technical organization memberships S6 .4 uk--6 Civic or community experience, membership, or previous public service appointments: 5 & .drrfrGt-i 5 Experience or special knowledge pertaining to area of interest: Sc-E itrfA-e--f{C-o S tC-T- Have you ever been convicted of a crime? No Yes Date Signature Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Residency requirements may not apply Revised July 15, 2004 RICHARD C. FRAME ATTACHMENT TO APPLICATION FOR APPOINTMENT TO COMMUNITY & POLICE RELATIONS COMMISSION. Occupational Experience — Fifteen years on the San Diego Police Department (1959 to 1974). Worked patrol, then investigations in Public Inspections Unit, Burglary, Robbery and Homicide. Twenty-eight years with the San Diego District Attorneys office (1974 to 2002) now retired. Worked as an Investigator, Supervisor, Lieutenant, Assistant Chief of Investigations and Chief Investigator. Areas worked were Organized Crime, Special Investigations, Internal Investigations and Welfare Fraud. Professional or Technical Organization Memberships — Past member of; San Diego Police Officers Assoc., Homicide Investigators Assoc., Law Enforcement Intelligence Unit, District Attorney Investigators Assoc. and Welfare Fraud Investigators Assoc. Previous Public Service Appointments — None Experience or Special Knowledge Pertaining to Area of Interest — Forty-three years as a law enforcement officer in the San Diego area. Serving in areas of police patrol, investigations, first level supervisor, mid -management and administration. 10/04/05 Item # 2 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 MEETING DATE 3 AGENDA ITEM NO. ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $996,495.00, THE INCURRING OF AN OBLIGATION, THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, GRANT ANY OTHER DOCUMENTS NECESSARY TO SECURE A HEALTHY HOMES DEMONSTRATION PREPARED BY NT FROM HUD. DEPARTMENT EXT. Kathleen Trees, Director Building & Safety EXPLANATION In June 2005 the Building and Safety Department applied for a Healthy Homes Demonstration Grant from HUD. On September 21, 2005, it was awarded the grant in the amount of $996,495.00. Attached is a resolution authorizing the City Manager sign the contract and receive the funds. The program abstract submitted with the grant application is attached. This grant will pay the salary of 1 City housing inspector for a 3-year period to perform housing inspections in the target area that is west of I-805. As part of the grant the City will contract with the Paradise Valley Hospital Respiratory Unit to provide housing inspections for environmental hazards such as mold and mildew and asthma triggers. PVII will also provide in - home asthma assessment and training. The Environmental Health Coalition will provide outreach and education to the residents on health and safety concerns in the home. In addition, as a part of this program, the Burn Institute will provide the City residents with smoke detectors that will be installed by the contractor and inspected by the housing inspector. The program will also make available free fire extinguishers to those residents attending education programs presented by the Fire Department. Environmental Review N/A MIS Approval Financial Statement Grant Funds awarded in the amount of $996,495.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution National City Healthy Homes Demonstration Program Abstract A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $996,495, THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A HEALTHY HOMES DEMONSTRATION GRANT FROM HUD. WHEREAS, the City of National City wishes to receive an allocation of funds through the Healthy Homes Demonstration Grant Program; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") has issued a Super Notice of Funding Availability ("SuperNOFA") for the Healthy Homes Demonstration Grant Program, and HUD is authorized to approve funding allocations for the program, subject to the terms and conditions of the SuperNOFA and program application forms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby agrees to use the funds for the inspection and remediation of healthy and safety hazards in National City housing units in the manner presented in the application as approved by HUD, and in accordance with the SuperNOFA and application package. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Standard Agreement and all other documents required by HUD for participation in the Healthy Homes Demonstration Grant Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney HNational City Healthy Homes Demonstration Program Abstract The National City Healthy Homes Demonstration Program that by requiring regularly scheduled Healthy g am Iions NCH for r rental demonstrate al or bi-annual depending on the condition of the unit) to ensure the absence of health safety hazards prior to the rental of a unit, the number of sick or injured children be reduced. This will in turn reduce then�� and EMT calls and will visits due e to eu nber of absences from schools, the n will of e result would be a savings in medical costs, and healthier, safer homes for N umber asthma, poisoning, injuries and lead poisoning. The end result w National City famis. The NCHHP will inspect 480 older deteriorating housing children under 6 reside to assess any existing children's respiratory 6health unitsy azardsow-income and risk of illness. eThe NC HPy hazards and will evaluate of the children's homes using grant funds. Of the total 480 units will be repaired using landlord resources 93 ownerwill then repair/rehab 165 incentives. Lead hazards will a d referred o the andexisting93units inspected, us 215 using occupied units using Our target area includes seven National City inner-city Lead Hazard Control Program. Side, El Pueblo, Civic Center, Central City, Olivewood, Sweetwater and neighborhoods: West Side, Bay These neighborhoods were selected because 86% of the housing stock was built before 1978 and 35% of the residents have children Summercrest. federal poverty level. Children under the age of under mac agep of 116 who are g below the 67% of the children in the area are Latino, a traditionally u 11 /o of thepopulation p rcgroup. and. National City is one of three cities in the County underserved minority group. ng units in need of rehabilitation according to the A. Seven largest proportion of nits are rentals and a majority of those have absentee landlords. It has the lowest median household income in the countySeventy-six percent of the units are e Area statistics indicate that children in the area have the highest rate of unintentional highest concentration of minority populations. injury deaths among ages 0-19 and the 2"d highest number of weight. Twenty-six percent of the Latino population does not have medial,insur1 w birth The National City Building and SafetyDe lice. the proposed Healthy Homes Demonstration Department is the lead agency community -based nonprofit organizations, and health organizations including fiscal twoagent for Program, a coalition of local government, program partners: the Environmental Health Coalition EHC ), Hospital (PVH). � dmg core inH JulMetropolitanOther participants include the National City Fare Department,d e Valley Burn y, tote oo broad array anvAdvisoryfaith Agend(MAAC) Weatherizatio Departent the as community -based nonprofit organizations. National City will administer the finances and coordinate the project activities including; the identification and inspection of units, writing job final inspections, leverage existing weatherization and rehabilitation resources and specifications and bids, performing monitoring contract compliance. EHC will provide outreach, education, inspection perform training on toxic hazards in the home. PVH will provide inspection services and p ins ection, services, in -home education onasthma triggers a experience in housingl or respiratory illness in children. All programp education and outreach. year old nonprofit environmentalboth The Environmental Health Coalition is a25 to health promotion, promotes a holistic approachlooking at bo hual commuorganiznity that act health since 1987, developing bilingual community and household factors that impact training and outreach, and providing of funding sources. EHC staff will be creating education Spanish -English educational materials, p lead testing through a variety am as well as performing inspections. and outreach materials for the program Care Department provides the only "in -home" utilizing respiratory therapists. The staff are Paradise Valley Hospital Respiratory C ). The South Bay asthma education program, exclusively licensed respiratory therapists and certified asthma educatorsin-home asthma Asthma Advocacy Program was established in 2002 andmanagement providesfor asthmatic asthma and comprised of multi -racial, multi-lingual professionals whose education, environmental assessment and case their families. The staff is comp management program. mission is to create the preferred asthma disease managhomes for the of the is committed to providing safe and healthy residents for a FY2005 National City the Building and Safety Department to apply grant, the City implemented a housing inspection City. In addition to directing and Safety Healthy Homes Demonstration In 2001 the program in 2001 that included lead inspections•Code Enforcementng andfor Code Department received a State grant for Housing Capital Expenditures in 2003. It applied for and received a Lead Hazard Control Enforcement Pwill providetthousing trot Reduction grant in 2003. In 2004 the City e formed City Committee mittee to look Con plumbing systems. into the increasing number of cases on asthma powers to require that all landlords not interested in inspections of electrical, structural, mechanical, fire safety and City will use it's code enforcement having their unit repaired to fix their units with their own resources. lament our Healthy Homes Demonstration grant.W request $9 matching in aareD$ funds0 903.78,comprised of $15,675.23 in -kind services Our matching $43,000 in -kind services from from EHC, $ 27,219.00 in -kind services from PVH, from m000 in- kindChristmas in July, $1,000 in -kind services for National City Fire Department, $5 000 in -kind services from the San Diego Burn Institute andtitut of r smoke services from Id , use code enforcement methods to enforce the Cal on of detectors and $204,009.55 in -kind services for National City Building Hepartmndt. f y Code, we will and lead pa Health and Safety Code, which makesat least $109,000 from property owners. the law. The NCHHP will leverage The proposed program will contact 1260 units contact to identify visual inspection 0 units to to see spect. p p then The, inspection will consist of an initial E inspectipfor roaches and environmental carinsbon mom for asthma triggers environmental hazards exist and roaches and carbon monoxide, inspections by PVH to perform a and the City to perform an inspection of the electrical, plumbing, fire safety and structure will be completed. A completed report will be sent to the landlord and 165 units that qualify will be referred for repairs using grant funds. If the unit does not qualify the owner will receive a notice to repair the unit at their own expense. All jobs will be bid. A follow-up inspection will be done to educate the tenant on the prevention of environmental hazards. EHC will provide education and outreach for the program. The City will work on an ordinance to require regular inspections for all rental units in National City and will present the program to other code enforcement groups. Costs will be kept low by training local contractors and maintenance workers and by working with the Urban Corps, a local group that performs job training for at -risk teens and by using previously developed lost cost methods of repair. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 AGENDA ITEM NO. 4 ITEM TITLE Resolution to authorize the Chief of Police to enter into Memorandums of Understandings with the Sweetwater Union High School District and the National School District for joint funding of the School Resource Officer Program PREPARED BY Adolfo Gonzales, Chief of Police William Strasen, Sergeant DEPARTMENT -�*-- Police EXPLANATION The National City Police Department currently assigns a police officer to teach the D.A.R.E. program to all fourth grade students and a Life Skills program to all fifth grade students in the National School District. The same officer, on a part time basis, along with three additional police officers assigned on a fulltime basis as School Resource Officers, provide campus security and general law enforcement services to the three Sweetwater Union High School District secondary schools located in National City. The salaries for the police officers, as well as, educational materials and supplies for the DARE program are currently funded by a joint agreement between the National School District and the City of National City. The City of National City also has a funding agreement with the Sweetwater Union High School District. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and have been subsequently renewed during the following fiscal years: 95/96 through 04/05. The National School District and the Sweetwater Union High School District have both indicated an interest in continuing the program. Environmental Review V N/A Financial Statement If the resolution is approved the City of National City will be reimbursed the described funds in the amount of $216,703 from the National School District and Sweetwater Union High School District. Account No. STAFF RECOMMENDATION Approve the resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum of Understanding from National School District Memorandum of Understanding from Sweetwater Union High School District RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE CHIEF TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE D.A.R.E./SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District and the Sweetwater Union High School District to maintain police on campuses with the D.A.R.E./School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials and supplies; and WHEREAS, the National School District and the Sweetwater Union High School District wish to contribute their share toward the cost of said programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Chief of Police is hereby authorized to execute Memorandums of Understanding between the City of National City and the National School District and the Sweetwater Union High School District, respectively, for the D.A.R.E./School Resource Officers program. Said Memorandums of Understanding are on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney Council Agenda Statement Page 2 Resolution- School Resource Officer Program The Board of the National School District and the Board of the Sweetwater Union High School District have each approved their respective proposed MOU with the City of National City for Fiscal Year 2005/2006. Under the proposed MOU with the National School District, the School Resource Officer will be assigned approximately two thirds of his time, or 27 hours per week, to school campuses of the National School District. While on National School District campuses, the officer's primary duty will be the instruction of D.A.R.E. and a Life Skills curriculum. As time permits his duties may also include campus security and enforcement duties. Under the proposed MOU with the Sweetwater Union High School District, the same officer School Resource Officer would be assigned to spend approximately one third, or 13 hours per week, of his time on Sweetwater Union High School District campuses assigned primarily to campus security and general law enforcement duties. The costs of funding the School Resource Officer under the proposed agreements will be paid as follows. School Resource Officer (D.A.R.E. / Life Skills) Funding (1 Officer) Percent Amount National City Police Department 50% $ 53,551 National School District 33.3% $ 35,665 Sweetwater Union H.S. District 16.7% $ 17,886 TOTAL COST 100 % $ 107,102 Additionally, $ 5,000 in material and supply costs would be divided in half with the National School District and National City Police Department each paying 50% or $ 2,500 of the material and supply costs for the D.A.R.E. program. Under the proposed MOU with Sweetwater Union High School District for Fiscal Year 2005/2006, $ 17,886 will be paid by the District to the City of National City for the part time services of the D.A.R.E./Life Skills/ School Resource Officer. Additionally, $ 160,652 will be paid, by the Sweetwater Union High School District for 1 %2 of three officers assigned fulltime to School Resource Officer duties on their campuses. The Sweetwater School District will pay a total of $ 178,538. Council Agenda Statement Page 3 Resolution- School Resource Officer Program School Resource Officers (3) Full Time Positions: Percent/Positions Amount National City Police Department 50 % (1%2 officers) $ 160,652 Sweetwater Union H.S. District 50 % (1%2 officers) $ 160,652 TOTAL COST 100 % (3 officers) $ 321,304 The Sweetwater Union High School District is essentially paying the cost of one full time officer, one-half of a second full time officer, and one -sixth of the part time D.A.R.E. / Life Skills officer. The National City Police Department will pay the cost of one full time officer, one-half of the second officer, and fifty percent of the part time D.A.R.E. / Life Skills officer. The proposed MOU with the Sweetwater Union High School District would be retroactive to July 1, 2005. The proposed MOU with the National School District would be retroactive to July 1, 2005. Approval of the resolution would enable the Chief of Police to enter / sign the Memorandum of Understanding with the National School District and the Sweetwater Union High School District in order to continue the existing programs. MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and reducing the involvement of youth in gangs and drug abuse in National City are priorities to both the National School District and the National City Police Department. The influences that cause youth to become involved with street gangs and substance abuse begin to act on children during the pre -teen years. Children are not instinctively able to combat these forces and must be taught the negative effects of drug abuse and involvement with street gangs. Likewise children must also be taught techniques to resist peer pressure to join gangs and use drugs. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. Recognizing these factors, the National School District and the National City Police Department agree to work together to provide an educational program designed to deter children from substance abuse and becoming involved with street gangs; and to provide the presence of a police officer on campus to help maintain a secure environment. To this end the following are specific agreements between the National School District and National City Police Department. Role of the National School District: The National School District agrees to: 1. Provide allotted time for drug education instruction in the 4th grade classes in the District. 2. Provide allotted time for social skills / conflict resolution instruction in the 5th grade classes in the District. 3. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. Memorandum of Understanding Page 2 National School District 4. Require classroom teachers to provide social skills / conflict resolution instruction and to require the School Resource Officer to provide drug education instruction. 5. Schedule orientation time for classroom teachers. 6. Schedule parent meetings as needed. 7. Designate a District staff person to regularly meet with the law enforcement agency to evaluate social skills / conflict resolution instruction, drug education instruction program and campus security needs. 8. Provide space for posting social skills / conflict resolution instruction and drug education materials within classrooms and school grounds. 9. Provide adequate space for the School Resource Officer to carry out non -classroom duties. 10. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 11. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 12. Commit audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. 13. Maintain a social skills / conflict resolution instruction and drug education question box in a prominent place in the classroom. 14. Permit the School Resource Officer to assign reasonable homework during the course of social skills / conflict resolution instruction and drug education instruction. 15. Reinforce the social skills / conflict resolution instruction curriculum throughout the week by such activities as incorporating learned material into weekly school work and assigning related topics for themes. 16. Reinforce the drug education curriculum throughout the week by such activities as incorporating learned material into weekly school work and assigning related topics for themes. 17. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. Memorandum of Understanding Page 3 National School District 18. Develop procedures to handle campus safety issues. 19. To establish and follow procedures for referring police involvement. 20. Abstain from calling upon the School Resource Officer for enforcement duties while he/she is involved in classroom instruction except in emergencies. 21. The National School District will remit $ 35,665, payable to the National City Police Department Personnel Services Account, to offset costs of the School Resource Officer. One half of this amount, or $ 17,833, will be paid by January 1, 2006, the remaining one half, or $ 17,833, will be paid by May 1, 2006. By May 1, 2005, the National School District will also place $2,500, into the Juvenile Drug/Gang Education Fund held by the Treasurer of the City of National City to be used for supplies used in the drug education program. The City of National City will match the school district's contribution of $ 2,500, or 50% of the Juvenile Drug / Gang Education Fund. 22. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of the drug education instruction and other police programs. Role of the National City Police Department: The National City Police Department agrees to: 1. Assign a uniformed police officer as the School Resource Officer. 2. Assign the School Resource Officer to spend 27 hours of the 40 hour work week on or about school campuses of the National School District engaged in the following duties. • Instruction of anti -gang social skills / conflict resolution curriculum to all fifth grade students. • Instruction of anti -substance abuse drug education curriculum to all fourth grade students. • Anti -drug and anti -gang parent education. • Training for teachers and other school staff on law enforcement and campus security issues. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). Memorandum of Understanding Page 4 National School District • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and / or damage to property Weapons on campus Alcohol and drugs on campus Truancy 3. Ensure that a School Resource Officer will be available to instruct at scheduled presentation times. 4. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to his/her tasks. 5. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs. 6. Schedule the School Resource Officer at one of the campuses each weekday. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 7. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom instruction, except in cases of emergency. 8. Provide a weekly log accounting for the time and activities of the School Resource Officer to a designated staff member of the National School District. 9. Pay salary and benefits for the police officer assigned as the School Resource Officer. 10. Coordinate with the school district, other public and private agencies, community and civic groups to develop a community partnership in support of the social skills / conflict resolution instruction and drug education programs. Memorandum of Understanding National School District Page 5 This Memorandum of Understanding shall be effective July 1, 2005, and shall remain in effect until June 30, 2006. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City. Adolfo Gonzales Chief of Police National City Police Department Date orge J.amefon, Ed. D. District Superintendent National School District 7 National City Police Department Field Operations Division Community Services Unit School Resource Officer Program Fiscal Year July 1, 2005 to June 30, 2006 Salary Increase Effective Date January 4, 2005 Salary E-Step Police Officer $70,114.40 Benefits E-Step Police Officer $36,986.92 Total $107,101.32 Based on the above salary/benefits figures, the MOU will reflect the increase that will occur during the contract. The total amount of funds due for the upcoming agreement from the Sweetwater Union High School District to be paid to the City of National City will be as follows: • Salary/Benefits one officer (100%) $ 107,101.32 • Salary/Benefits one officer (50%) $ 53,550.66 • Salary/Benefits one officer (16.7%) $ 17,885.92 TOTAL DUE: $ 178,537.90 The total amount of funds due for the upcoming agreement from the National School District to be paid to the City of National City will be as follows: • Salary/Benefits (one officer @ 33.3%) • DARE Supplies $ 35,664.74 $ 2,500.00 TOTAL DUE: $ 38,164.74 Prepared by: William C. Strasen, Sergeant / Community Services Unit F MEMORANDUM OF UNDERSTANDING BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security is enhanced by the presence of police officers. Police officers on campus also help improve relations between the Police Department and youth in the community. Therefore, the Sweetwater Union High School District and the National City Police Department agree to undertake the following responsibilities to achieve these mutual objectives. A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support the National City Police Department to ensure the success of programs involving students, school personnel, parents and community. B. LAW ENFORCEMENT'S ROLE AND RESPONSIBILITY 1. To provide prevention/intervention by: . Developing classroom and faculty presentations related to youth and the law; . Attending parent conferences / meetings; . Attending S.A.R.B. and S.A.T. meetings; and . Scheduling security activities as needed. 2. To continue to work with: . Community agencies; and . South Bay Police Agencies. Memorandum of Understanding Page 2 Sweetwater Union High School District 3. To continue training National City Police Department staff assigned to the school sites. 4. To work with school staff in matters of mutual concern such as: . Alcohol and drug use on campus . Safety of students and staff on campus . Gang related violence and crime . Campus intrusion . Loss and / or damage to property C. TIME FRAME This Memorandum of Understanding shall remain in effect for the 2005 / 2006 fiscal year, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Understanding. D. LOCATION Prevention / education / training activities will take place at Sweetwater High School, National City Middle School, Granger Junior High School and at public meeting places within the respective communities. E. RESOURCE Resources and local management will be coordinated at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California, 91911 (619) 585-6265 Memorandum of Understanding Sweetwater Union High School District Page 3 National City Police Department 1200 National City Blvd National City, California 91950 (619) 336-4423 F. ASSIGNMENT OF FULL TIME OFFICERS -COST The National City Police Department will assign three officers on a full time basis to perform the duties listed under provision B. of this MOU at the Sweetwater Union High School District's campuses in National City. One officer will be funded by the Police Department and a second officer will be funded with campus security funds provided by the Sweetwater Union High School District, the third officer will be funded jointly by the Police Department and the Sweetwater Union High School District with each providing 50% of the funds. The funding will be at the following levels (refer to attachment): Salary (Attachment) Fringe Benefits (Attachment) TOTAL $ 107,101 G. ASSIGNMENT OF PART TIME OFFICER -COST The National City Police Department will assign an additional officer (fourth overall) on a part time basis to perform the same duties as the full time officers assigned to the Sweetwater Union High School District's campuses in National City. The part time officer will work in this assignment during one third of his work hours or approximately 13 hours per week. The Sweetwater Union High School District will pay the City of National City, the amount of $ 17,886 one -sixth (16.7%) the cost of the officer for FY 05/06. The National City Police Department will provide the Sweetwater Union High School District with a weekly log which accounts for the time of the part time officer. This memorandum of understanding, Provisions A. through F. will be effective from July 1, 2005 to June 30, 2006. Provision G of this memorandum of understanding will be contingent upon the National School District and the City of National City signing a joint funding memorandum of understanding to pay the balance of costs of the officer assigned part time to the Sweetwater Union High School District that are not paid for by the Sweetwater Union High School District. Memorandum of Understanding Page 4 Sweetwater Union High School District Provision G. will become effective upon signature of the joint funding memorandum of understanding between the National School District and City of National City, but no earlier than July 1, 2005 and will remain in effect until June 30, 2006. The total amount of funds due per this agreement from the Sweetwater Union High School District to be paid to the Finance Director of National City will be the amount of $ 178,538. - Salary/Benefits one officer (100%) $ 107,101 - Salary/Benefits one officer (50%) $ 53,551 - Salary/Benefits one officer (16.7%) $ 17,886 Total funds due: $ 178,538 One half of this amount, or $ 89,269, will be paid no later than January 1, 2006. The remaining half, or $ 89,269, will be paid no later than May 1, 2006. This memorandum of understanding shall supersede all previous memorandums of understanding between the Sweetwater Union High School District and the City of National City. SWEETWATER UNION HIGH SCHOOL DISTRICT By: Date: 07 - 14- 05 Board Approved on: July 20, 2005 Item No.: C-02 Attachment: School Resource Officers Program CITY OF NATIONAL CITY By: Date: National City Police Department Field Operations Division Community Services Unit School Resource Officer Program Fiscal Year July 1, 2005 to June 30, 2006 Salary Increase Effective Date January 4, 2005 Salary E-Step Police Officer $70,114.40 Benefits E-Step Police Officer $36,986.92 Total $107,101.32 Based on the above salary/benefits figures, the MOU will reflect the increase that will occur during the contract. The total amount of funds due for the upcoming agreement from the Sweetwater Union High School District to be paid to the City of National City will be as follows: • Salary/Benefits one officer (100%) $ 107,101.32 • Salary/Benefits one officer (50%) $ 53,550.66 • Salary/Benefits one officer (16.7%) $ 17,885.92 TOTAL DUE: $ 178,537.90 The total amount of funds due for the upcoming agreement from the National School District to be paid to the City of National City will be as follows: • Salary/Benefits (one officer @ 33.3%) • DARE Supplies $ 35,664.74 $ 2,500.00 TOTAL DUE: $ 38,164.74. Prepared by: William C. Strasen, Sergeant / Community Services Unit )3 MEETING DATE October 4, 2005 City of National City, California COUNCIL AGENDA STATEMENT 5 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Council of National City approving Change Order Number One with California Commercial Pools, Inc. for the installation of a new heater for the pool in the amount of $36,000 as part of the National City Municipal Swimming Pool Renovation Project PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Engineering EXT. 4187 See attached explanation Environmental Review N/A MIS Approval Financial Statement Approved By: Change Order is for $36,000. The funds are available in the account 196-409-500-598-1586 ($70,000). >STAFF RECOMMENDATION Adopt the Resolution. 1 Finance • actor Account No. 'It BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Change Order Number One A-200 (Rev. 7/03) Re: Resolution of the City Council of National City approving Change Order Number One with California Commercial Pools, Inc. for the installation of a new heater for the pool in the amount of $36,000 as part of the National City Municipal Swimming Pool Renovation Project The replacement of the municipal swimming pool heaters was initially scheduled by the Public Works Department and budgeted in the account for the Miscellaneous Capital Program (Pool Boiler Replacement). Due to the current renovation of the municipal swimming pools it is determined that the replacement of the heaters be rescheduled as part of the swimming pool renovation work in order to save cost. There are currently two heaters for the swimming pool. One of the heaters is not working and the other one is not operating properly. It is proposed that the existing heaters and concrete pad be removed and replaced with one new heater with a concrete pad as part of the current project. The new heater will adequately respond to the demand. We have requested bid proposals from three Contactors and received the following bids for this work as follows: 1) California Commercial Pools, Inc. ($36,000),.2) Southland Industries ($40,669), and 3) Honeywell Building Solutions ($45,382). Since the California Commercial Pools is currently renovating the Municipal Swimming Pool at Las Palmas Park and is the low bidder for this additional work, staff s recommendation is to incorporate the work into their existing contract. The Contractor has submitted work specifications which meet the required specifications. The work will be completed within 10 working clays and compensated for by the Capital Project Reserve funds. Attached is the detailed proposal. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 1 WITH CALIFORNIA COMMERCIAL POOLS, INC. IN THE AMOUNT OF $36,000 FOR THE INSTALLATION OF A NEW POOL HEATER AS PART OF RENOVATION IMPROVEMENT OF THE NATIONAL CITY MUNICIPAL SWIMMING POOL WHEREAS, the contract for the Renovation Improvement of the National City Municipal Swimming Pool was awarded to California Commercial Pool on May 17, 2005, by the adoption of Resolution No. 2005-99; and WHEREAS, Change Order No. 1, in the amount of $36,000, is for the replacement of the two malfunctioning pool heaters and concrete pad with one new heater with a concrete pad which will adequately respond to the demand. 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. 1 with California Commercial Pool in the amount of $36,000 for the replacement of the two malfunctioning pool heaters and concrete pad with one new heater with a concrete pad. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney POOLS, CHANGE ORDER C/O Number 1 To (Contractor): California C/O Initiation Date: August 9, 2005 Commercial Pools, Project: Municipal Swimming Pool Renovation Inc. Project Specification No.: 04-13 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: It is proposed that the existing heaters and concrete pad be removed and replaced with one new heater with a concrete pad. The new heater will adequately respond to the demand. RESON FOR CHANGE: There are currently two heaters for the swimming pool. One of the heaters is not working and the other one is not operating properly. COST RECONCILIATION: Costs were reviewed and negotiated to the satisfaction of the City. The work will be compensated through Capital Project Reserve funds. Construction Contract Accounting Suinmary: The original Contract Amount (Base Bid) $ 991,000 The original Contract Amount (Alternative I) Net change by previously authorized Change Orders $ 435,000 The Contract Amount prior to this Change Order $ With this Change Order request the Contract cost is increased by$1,426,000 New Contract Amount $ 36,000 $ I ,462,000 Change in Contract Time: Contract Completion Date: Recommended for Approval by: DAT Approved by: CON1'xAc:')R/CAL,IFORNIA COMMERCIAL DATE Le0 CITY OF NATIONAL CITY DATE CC: Construction File Inspector 10 Working Days December 14, 2005 CALIFQI COMM RCIAL 'COOLS August 9, 2005 Din Daneshfar City of National City 1243 National City Blvd. National City, CA 91950 Re: New Swimming Pool Heater Pricing Din: California Commercial Pools proposes to provide all necessary materials, tools, equipment, labor, and supervision for the following scope of work for the lump sum amount of Thirty Six Thousand Dollars Even ($36,000.00): Inclusions Remove and Dispose of Two(2) Existing Lochinvar Heaters and Related Piping Remove Associated Concrete Housekeeping Pads Form and Pour New Concrete Housekeeping Pad Provide and Install One(1) New Raypak Heater Provide and Install New Heater Venting Provide and Install New Heater Plumbing System Verification Upon Start -Up Exclusions Anything Not Specifically Included in Scope Above Plans Engineering Design Permits California Commercial Pools will require.ten(10) working days to perform this work. Thank you, DavA.Iprr ensen Project Manager 2255 E. Auto Centre Dr., Glendora, CA 91740" %/phi909 394,1260 fcf. 9019;`39.4°.1+630 •/ CAL Lid. Na. rN 5172 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 AGENDA ITEM NO. 6 7JTEM TITLE Resolution authorizing the City Engineer to establish red curb "No Parking" zones adjacent to the driveway at 3040 E. 7til Street (L. Williams, TSC Item No. 2005-28) PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Mr. Leah C. William, the owner of the residence located at 3040 E. 7th Street, has requested the installation of red curb "No Parking" zones adjacent to the property's driveway. According to Mr. William's, vehicles are parking next to his driveway hindering egress and ingress to his driveway. 1- The Traffic Safety Committee approved three feet of red curb on both sides of his driveway at their meeting on September 14, 2005. L CEnvironmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMIS RECOMMENDATION RECOMMENDATION On September 14, 2005, the Traffic Safety Committee approved the three feet of red curb "No Parking" zone adjacent to the driveway at 3040 E. 7th Street. ATTACHMENTS ( Listed Below ) 1. Resolution. Resolution No. 2. Staff Report to the Traffic Safety Committee. A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE-FOOT RED CURB NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 3040 EAST 7111 STREET (L. Williams, TSC ITEM NO. 2005-28) WHEREAS, Leah C. Williams, the owner of 3040 East 7th Street, has requested the installation of red curb no parking zones adjacent to his driveway because parked vehicles encroach into her driveway restricting ingress and egress from his property; and WHEREAS, at its meeting on September 14, 2005, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones adjacent to the driveway at 3040 East 7th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a three-foot red curb no parking zones adjacent to the driveway at 3040 East 7th Street. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 14, 2005 ITEM NO. 2005-28 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 3040 E. 7TH STREET (BY: L. WILLIAMS) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Leah C. Williams, the owner of 3040 E. 7th Street has requested the installation of a red curb "No Parking" zone adjacent to his driveway. According to Mr. William's, vehicles are parking next to his driveway hindering egress and ingress to his driveway. Staff investigated the site and agrees with the installation of red curb. The approximate length will be 3 feet on each side of the driveway. STAFF RECOMMENDATION: Staff recommends the installation of 3' of red curb "No Parking" zone on each side of the driveway located at 3040 E. 7th Street. EXHIBITS: 1. Letter 2. Location Map 3. Photos tsc 2005-28 Leah Copp Williams 3040 E. Seventh Street National City, CA 91950 Home Phone 619-475-0652 Email leahcopp@aol.com August 04, 2005 Traffic Safety Committee 1243 National City Boulevard National City, CA 91950 Dear Committee Members: I am requesting that "red wings" be painted on the curb next to my driveway. I have a single car driveway that is narrow and difficult to get into or out of when cars are parked too close to my driveway, which happens more and more frequently. My driveway has been blocked several times lately and I have been unable to get into my driveway. I think the reed wings would be a friendly reminder to people that they are too close to the driveway. That would save me from running down the car owners and asking them to move their cars or trucks, and it would also save me from calling the police if I can't find the said owners. I appreciate your consideration in this matter. Thank -you; Leah Williams rn P 1 of2 file://C:\WINDOWS\TEMP\P8170016.JPG 8/18/05 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 / JTEM TITLE Resolution authorizing the City Engineer to on the northwest and southwest corner of 20th Street and 2005-31) pREPARED BY Adam Landa DEPARTMENT 7 AGENDA ITEM NO. establish red curb "No Parking" zone "A" Avenue (B. Hilger, TSC Item No. Engineering EXT. 4394 EXPLANATION Mr. Bill Hilger, owner of 2023 "A" Avenue, has requested the installation of a red curb "no parking" zone on the west side of the intersection of 20th Street and "A" Avenue. Mr. Hilger stated that vehicles are parking on the northwest and southwest corners of 20th Street and "A" Avenue are obstructing the view for vehicles turning left or right from "A" Avenue. Staff met with Mr. Hilger at the site and observed that vehicles were parking so close or within the intersection as to obstruct the view of vehicles trying to make a left or right hand onto 20th Street from "A" Avenue. On the east side of "A" Avenue there is a parking district which forces all the employees of Ball Auto Group to park on the west side of the street. There is limited parking in the area and this maybe the reason that the problem exists. On September 14, 2005, the Traffic Safety Committee approved the 10 feet of red curb on the (_.. northwest and southwest corner of 20th and "A" Avenue. ( Environmental Review _ N/A Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION On September 14, 2005, the Traffic Safety Committee approved 10 feet of red curb on the northwest and southwest of corner of 20th Street and "A" Avenue. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution. 2. Staff Report to the Traffic Safety Committee. A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TEN FOOT RED NO PARKING ZONES ON THE NORTHWEST AND SOUTHWEST CORNERS OF 20T" STREET AND "A" AVENUE (B. Hilger, TSC ITEM NO. 2005-31) WHEREAS, Bill and Mary Hilger, the owners of the property located at 2023 "A" Avenue, have requested the installation of red curb no parking zones on the corner of 20th Street and "A" Avenue because cars are obstructing the view of drivers turning left or right from "A" Avenue; and WHEREAS, at its meeting on September 14, 2005, the Traffic Safety Committee approved the installation of ten -foot red curb no parking zones on the northwest and southwest corners of 20'h Street and "A" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish ten -feet of red curb no parking zones on the northwest and southwest corners of 20th Street and "A" Avenue. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 14, 2005 ITEM NO. 2005-31 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ON THE NORTHWEST AND SOUTHWEST CORNERS OF 20TH STREET AND "A" AVENUE (BY: B. HILGER) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Bill Hilger, owner of 2023 "A" Avenue, has requested the installation of a red curb "no parking" zone on the west side of the intersection of 20th Street and "A" Avenue. Mr. Hilger states that vehicles are parking on the northwest and southwest corners are obstructing the view of vehicles turning left or right from "A" Avenue. Staff met with Mr. Hilger at the site and observed that vehicles were parking so close or within the intersection as to obstruct the view of vehicles trying to make a left or right hand turn on to 20th Street from "A" Avenue. On the east side of "A" Avenue there is a parking district which forces all the employees of Ball Auto Group to park on the west side of the street. There is limited parking in the area and this may be the reason that the problem exists. The speed limit is 25 m.p.h. According to the speed and reaction time (see attached chart), the required length of red curb should be 10 feet on the northwest and southwest corner of 20th Street and "A" Avenue. STAFF RECOMMENDATION: Staff recommends the installation of 10 feet of red curb "No Parking" zone on the northwest and southwest corner of 20th Street and "A" Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Chart 4. Photo tsc 2005-31 August 15, 2005 Engineering Department ATTN: Traffic Safety Committee 1243 National City Boulevard National City, CA 91950 To Whom It May Concern: We are requesting red no parking zones on the four comers of the intersection of A Avenue and 20th Streets. Currently there are no official red zones (some areas appear to have been painted by residents) on these comers and we have witnessed vehicles parking along the corner in such a way as to impede a handicapped person from using the ramp. A red zone around these comers will allow handicapped persons to access the ramps and improve visibility of oncoming traffic for drivers. Sincerely, Bill and Mary Hilger 2023 A Avenue IN Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = 2 dt2 or 14 Vt or 2d Deceleration Time = d Detector Setback = Deceleration Distance + Reaction Distance = d2 + Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. USE Mile Per Hour Feet per Sec. Second Feet Second Feet Feet 25 36.7 3.06 56.1 4.06 92.8 90 30 44.0 3.67 80.7 4.67 124.7 125 35 51.3 4.28 109.6 5.28 160.9 160 40 58.7 4.89 143.6 5.89 202.3 200 45 66.0 5.50 181.5 6.50 247.5 250 50 73.3 6.10 223.9 7.10 297.2 300 55 80.7 6.72 271.4 7.72 352.1 350 60 88.0 7.33 322.7 8.33 410.7 410 1of2 file://C:\WINDOWS\TEMP\P8170019.JPG 8/18/05 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 8 AGENDA ITEM NO. /ITEM TITLE Resolution of the City of National City approving an encroachment agreement with Thrifty Oil Co. for the installation of 3 groundwater monitoring wells at 1606 Plaza Boulevard east of Palm Avenue. PREPARED BY gXPLANATION Charles Nissley DEPARTMENT See attached Explanation. Engineering 4396 EXT. 9 gnvironmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No. i. Resolution 2. Encroachment Agreement Swells A-200 (Rev. 7/03) RE: Resolution of the City of National City approving an encroachment agreement with Thrifty Oil Co. for the installation of 3 groundwater monitoring wells at 1606 Plaza Boulevard east of Palm Avenue. EXPLANATON: Thrifty Oil Company the owner of the property located at 1606 Plaza Boulevard is seeking an encroachment agreement to install two groundwater monitoring wells within the public right of way on Plaza Boulevard East of Palm Avenue in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethyl benzene, and Xylenes (BTEX) and Methyl- Tert- Butyl Ether (MTBE) impacted soil and groundwater]. The installation and well monitoring shall be performed by GeoHydrologic Consultants, Inc. as required by the County of San Diego Department of Environmental Health Site Assessment and Mitigation Division. The proposed monitoring wells will be constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth of 60 feet, completed with a flush mounted 12" diameter, traffic rated, steel well cover set in concrete. A Faithful Performance Bond in the amount of $2000.00 has been posted with the City Of National City, as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent traffic loop repairs, street resurfacing, restriping and any required well head adjustment. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR THE INSTALLATION AT 1606 PLAZA BOULEVARD, OEASDT OFTPALM ER OAVENOWELLS AVENUE WHEREAS, Thrifty Oil Company, the owner of the property located at 1606 Plaza Boulevard, is seeking an encroachment agreement to install three groundwater monitoring wells within the public right-of-way on Plaza Boulevard, East of Palm Avenue, in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. 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 Thrifty Oil Company, and directs the City Clerk to record the same. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney I4.tJ Ln :3L I! lrt Ut11UKUL1Jlx.lU uuiIbUL! -',1' 1 rt1A NU. 114 U00 OGGG FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City of NationalCity hereby grants an Encroachment Permit to the undersigned, Thrifty Oil Co. (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 M[1.unicipal 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 i.s 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 installationand an:y description of OWNER'S encroachment is described in EXHIBfr 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, ' hl;d-ill- UUb W.V rf UtUt1TUKULUU1U UUr ULIHIVI rhA Nu. (14 no ocGG r. u� 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 hannless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, includinglattorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the except that which may arise from the sole negligence or willful misconduct of the City. 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. reasonable FED-18-2005 WED 05:39 HI ` OHYUI'3L;)taw L'UNSU. RN FFA NU. ((4 dne r. u4 FOR THE CITY OF NATIONAL CITY Name: ,— — -- -- Title: AGREED AND „ACCEPTED: D°:ted: Person in Responsible Charge (Print Name) 24 hr. Phone Number Firm Name OWNER/APPLICANT Printed Name & Signature tinted Name Sign Y" re S i �°S� �S(CA-So(,7 Mailing Address "te Z -cat- (- SC-8 ( Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2111 PLAT SHOWING LOCA'7TION OF' BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "13" ATTACHED APPROVED AS TO FORM ) George H., Eiser, IIII City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT srrncermoY m� cnEn State of California County of L OS des On Ap I2I ZOOF Date before me, personally appeared 6Q.rir NANCY SOLORZANO Commission # 131li4e0 Notary Public - COW* Los Angeles County My Expires Aug 10, Z Place Notary Seal Above Name S0/6vz--,4 n d Title of Ofke.g., "Jane oe, Notary Public") Name(s) of Signer(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personfrd) whose name(%) is/are subscribed to the within instrument and acknowledged to me that he/she&th+ey executed the same in his/hcrltheir authorized capacity(ies3, and that by his/heratheir signature$$) on the instrument the person(,9'f, or the entity upon behalf of which the person($ acted, executed the instrument. ITNES my hand and • cial seal. OPTIONAL Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual E Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee, J Guardian or Conservator Other: ner Is Representing: �:�' �:� �c c= a� 0700. No. 5907 Reorder: Cab Toll -Free 1.809-876.6827 (O. 1999 National Notary Association • 9350 De Sob Ave., P O- Roe 2402 • Chalsworlh, CA 91313-0402 • www. 9860781761ery org Top of thumb here Ground Surface ✓3 t Flush Surface Well Cover Locking Slip Cap Steel Extension Skirt Well Casing 2 INN SG1,1.ENALE Lip FvL Bentonite Pellet or Chip Seal Sand Filter Pack #z/iz. isloAfirdzy 501.412) Well Screen ,2/Mu �eltrivLF L'p R/L v.ro /# kW Threaded PVC Silt Trap and Bottom Cap Bottom of Boring Tc /D5S mw3-8, ?, /a Typical Monitoring Well Design /6G4- yL 4 3LtD./ ,V4Ti'4/4L Cny Protect No. Example CAc /257- NUM LEGEND — GROUNDWATER MONITORING WELL -A. — PROPOSED GROUNDWATER MONITORING WE11. — PROPOSED SOIL VAPOR £%TRACTION WELL _MLR LLD£ LINE i N.kf.IiG>`- — G 10 VCP SEWER E" AC WATER MAIN MW 10 �4 250' 8" VCF PLAZA BOULEVARD OACH` PUNTER o A Q 9Z 1" HP GAS MAIN ,PPROACH Pi — I o0. t 1l\ _VO 9=P; _ r ,5{¢, _ 1 ❑ 1 0 R` <O. i \ \ 1 \ DISPENSER= o II ISLAND E:(i S'IIND USRs J APPROXIMATE SCALE IN FEET WF.P MM�a SWAMP SIDEWAEI( — �� BpNDONF� '0" SfV1ER "[] �T'�RHE HA.TFORD ENDORSEMENT Attached to and fonning part of Bond # BSBDB 1939 effective April 19, 2005 on behalf of Thrifty Oil Company of Santa Fe Springs, California in favor of City of National City and in the amount of Two Thousand And No/100 Dollars. It is understood and agreed that effective April 19, 2005 the bond number from BSBDB 1939 to 72BSBDB 1939 All other conditions and terms remain as originally written. Signed, Sealed, and Dated May 11, 2005 By: shall be changed Hartford Fire Insurance Company Cesar F. Javier, Attorney -In -Fact The above endorsement is hereby agreed to and ac elm: r By: Norm GENCNG (Rev. 02/04/03) 7 THE HARTFORD HARTFORD PI 47A HARTFORD, CONNECTICUT 06115 Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company ❑ Hartford Underwriters Insurance Company Twin City Fire Insurance Company ❑ Hartford Insurance Company of Illinois 7 Hartford Insurance Company of the Midwest j Hartford Insurance Company of the Southeast [] KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company and Twin City Fire Insurance Company, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED: Jeffrey Strassner, Christina Turman, Cesar F. Javier, B. A. Matson, Mechelle Larkin of Los Angeles, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ❑x , and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, this 19th day of September, 2000. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT } COUNTY OF HARTFORD On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ss. Hartford John P. Hyland, Assistant Vice President CERTIFICATE 7Y %(/4'V7'f Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective astray 1 1 Signed and sealed at the City of Hartford. Colleen Mastroianni, Assistant Vice President 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAY 3 7 2 5before me, personally appeared Natalie K. Trofimoff Notar Public Cesar F. Javier personally known to me - OR - NATALIE K. TROFIMOFF 1411141. Commission # 1410124 11V'�rJ � Notary Public - California c "i'►9 Los Angeles County •` Comm. Expires Apr8,2007 Notary Public Seal ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNATURE OF NO Though the data below is not required by law, it may prove valuable to persons OPT)OPTIONAL on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: I❑ INDIVIDUAL HCORPORATE OFFICER Title(s) II PARTNER(S)I J LIMITED GENERAL RI ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) Signer's Name (INDIVIDUAL ❑CORPORATE OFFICER Title(s) II PARTNER(S)❑ LIMITED GENERAL I I ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) CITY OF NATIONAL CITY FAITHFUL PERFORMANCE BOND BOND NO. BSBDB 1939 KNOWN ALL MEN BY THESE PRESENTS: THAT Thrifty Oil Companof Fe Soras Principal, and Hartford Fire assurance Company of California, , are hdrety authorized boundtransact surety unto CITY OFbusiness in the NATIONAL CITY State CALIFORNIA, as the sum of heldfirmly andDollars ($2 000.0_�—), for the Two Thousand And No �00 p bind themselves, payment whereof, well and trulyto be made, said Principal and Surety these their heirs, administrators, successors and assigns, joint{ and severally, firmlyby presents. The conditions of the foregoing e mtg from the CITY that, 0F NATIONAL aCITY, bove- bounded Principal is to obtain a p CALIFORNIA, to do and perform the following work, to wit: Installation of a Ground Monitoring Well l y perform NOW, THEREFORE, if be void;otherwise to remain in full)ve-burden Principal fortceualnd effect said work, then this obligation shall April g 22005 SIGNED AND SEALED this 19th day of P APPROVED AS TO FORM: BY GEORGE EISER, Ill CITY ATTORNEY Thrifty Oil Coan (name of Pr By: Title: Hartford Fire (Surety) Insurance Co an By: Attorney -in -Fact Cesar F. Javier (Attach Notary Acknowledgement for Attorney -in -Fact) Address to which notice to Surety should be sent: One Pointe Drive California 928222333 THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 ® ' Hartford Fire Insurance Company ® Hartford Casualty Insurance Company ® Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Fire Insurance Company (] Hartford Insurance Company of Illinois 0 Hartford Insurance Company of the Midwest 0 Hartford Insurance Company of the Southeast (] KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company and Twin City Fire Insurance Company, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED: Jeffrey Strassner, Christina Turman, Cesar F. Javier, B. A. Matson, Mechelle Larkin of Los Angeles, CA their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as suretyges) only as delineated above by p, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, this 19th day of September, 2000. a Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ) } ss. Hartford COUNTY OF HARTFORD ) John P. Hyland, Assistant Vice President On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as APR Signed and sealed at the City of Hartford. A R 9 ZQo 7 CERTIFICATE Colleen Mastroianni, Assistant Vice President // CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On APR 1 2005.before me, personally appeared ® personally known to me - OR - 1 NATAUE K. TROFIMOFF Commission # 1410124 Notary Public - California Los Angeles County My Comm. Expires Apr 8, 2007 Notary Public Seal Natalie K. Trofimoff, Notary Public Cesar F. Javier ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their • authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT 4S my hand ad' official se op „c SIGNATURE OF Net -' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: INDIVIDUAL (CORPORATE OFFICER Title(s) II PARTNER(S) LIMITED I I GENERAL X ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR Il OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) Signer's Name [1INDIVIDUAL CORPORATE OFFICER Title(s) I1 PARTNER(S)E LIMITED I I GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) II GUARDIAN/CONSERVATOR OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) 1� AUG-30-2005 TUE 12:32 PM GeoHydrologic Oonsultfanf, FAQ NO. 714 18918 5701 P, 02/03 pRODUCER ACORD, CERTIFICATE OF LIABILITY INSU!R'ANCE, age ,. D£ 2 I oa/29/20o5 Willie North America, Imo. - 26 Century Blvd, P. O. Box 305191 Nashville, TN 372305191 877-945-73'78 Regional Cart (:enter U4I RtED Barth Management Company 13116 Imperial Highway Santa Fe Spring, CA 90670 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE; DOES NOT AMEND, EXTEND OR ALTER TWEE COVERAGE AFF'ORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NA!C# NSURERA: Travelers PrcTerty_Caaueity Company of Am 25674-006 INE5IRER B: WSU.RERC,_.._- INSURERO: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CLAIMS. 1�'^ - INBgh TYPEOFINSVRANCE POUCYNDMBER IPqq,,��CY CTNE POLCCI( 7/0N DA7ERa1 DA7F, LIYRS A oENERALLUBRIT7 Y660153D9901TIL05 5/30/2005 5/31D/2006 EACHOccuIRRENCE $ 1 000.000 X1 COMMERCIAL GENERALLIA&LITY • ,( -AAGE TO RENTED FJsg31_abrurems) $ 300,000 —� CLAIMS MADE al OCCUR MEl:7 EXP (Any one person) $ PERSONAL 6 ADV INJURY $ 1, 000.000 1 GENERAL AGGFIEGATE $ 2,000.000 GEN'L AGGREGATE UggMppR LI APPESPER LPL. ITl JEGT 1-1 PRODUCTS- COMPIOPAGG $ 00 'j1.-._QQ 0.0 X LOC AUMWW ELIAMIUTY COMBNEDSWGLELMIT (Ea aradmq A ALL OWNEDAUTOS SCHE DULEDAUTOS F10C(Per,[LYINANFi`f M MREDAUT0S BOOXYINJURY (Per x64s Ml PROPERTY DAMAGE (Pena -khan $ _GARAGE L4BUTY AUTOOM.Y-EAACCIDENT $ 1 ANYAUTO °MERhMAN EAACC $ AUT('.1OMY, A00 E%CESSLIABILrTY _ EACHOCCURIRENCE $ $ OCCUR C I CLAIMSMADE AGGILEGATE $ 'DEDUCTIBLE$ $---- - RETENTION --_ — --- S WORKERS COMPENSATION UABN$AT70N AND EMPLOYF0IS' LIABILITY PyJCC 77y{{ �7"OpY LIMITS (ER ANY PROPRIETOR/PARTNER/EXECUTIVE R/ OFFICEMEMBER EXCI UDEU1 Ed. FACH ACCIDENT $ Ityee. beacribeu-,do. SPECAL EL. DISEASE -EA EMPLOYEE $ PROV191pNSbelaw E.L. DISEASE- POLICY LIMIT $ OTHER I DESCRIPTION OF OPERAT ONSILOCATIONSNENN].E&EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS CERTIFICATE HOI DFP _• City Engineer City of National City 1243 National City Blvd. National City, CA 91950 AC0RD25(2001108) Co11:1389470 Tp1:406019 +ANGtLLA HI SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL mamma MAR 30 DAYS WRITTEN (NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR REPRESENTATYES. A ©ACORD CORPORATION 1980 AUG-30-2005 TUE 12:33 PM GeoHydrologic Consultant FAX NC, Page T: of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(;es) must ba, endorsa:d. A statement on this certificate does not confer rights to the certificate holder in lieu of such c nclursentert(a). It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not ccnier ri;lhts nt the certificate hokier in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does nothe coru,Irade aoe a C a Contract nor it tween the issuing insurer(s), authorized representative or producer, affirmatively or negatively amend, extend or alter the coverage afforded I:y the p>Ilcias listed thereon. ACORD 25 (2001188) Co11:1389470 Tp1:406019 Cert:611 E22 ` y MEETING DATE /ITEM TITLE Resolution of the City Of National City Approving Change Order Numbers 13 and 14 with Jaynes Corporation in the combined total amount of $103,867 for various necessary design modifications and upgrades to the National City Library; and authorizing the City Engineer to sign the change orders. Engineering EXT. 4383 PREPARED BY Stephen Kirkpatrick DEPARTMENT City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 9 AGENDA ITEM NO. EXPLANATION See Attached Explanation. 1 Environmental Review N/A Financial Statement MIS Approval Approved By: The aggregate cost of change order numbers 13 and 14 is $103,867. Finance Dtor Funds are budgeted for this change order in the project account numbers 241-409-500-598- 3 and 242- 409-500-598-1583. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMI N/A ION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 2. Change Order Numbers 13 and 14 Resolution No. ccl3 A-200 (Rev. 7/0 EXPLANATION: There are 17 components to change order number 13 totaling $73,836. There are 18 componentstochange order number 14 totaling $30,031. The combined cost of these two change orders is $103,867. Each cost has been negotiated with the contractor and represents a cost similar to what would have been received had these items of work had been identified on bid day. For simplicity in reading this report, each change order cover sheet indicating the work, the negotiated cost for the work, and the explanation of why the change is necessary is attached. The documentation supporting the negotiated cost (which is attached to the actual change order) has not been included in this report due to the volume of material. It is available for review at the City Engineer's Office. As background, change orders on building projects typically result in one of five ways: • An Architect Supplemental Instruction (ASI) from the architect, on behalf of the owner, to the contractor. ASI' s are typically associated with areas on the plans identified as unclear by the architect in the course of construction. These are always necessary for proper construction. They are typically issued to ensure the plans are interpreted as intended. These items often involve cost in the "low bid" form of project delivery. • A Change Order Request (COR) from the contractor to owner for items identified by the contractor as not being shown on the plans, or conflicting things shown on the plans. No plans are ever absolutely perfect when compared to actual construction. These items are always necessary for proper constriction and they always involve increased cost. • A Request for Information (RFI) from the contractor to the architect. These are sometimes asking for clarification of something on the plans, but more often are identifying something that can be done better, be constructed in way that is easier to maintain, etc. These are the type of issues brought forward by the contractor based upon construction experience. These sometimes increase cost, decrease cost, or have no effect on cost. • A Proposal Request (PR) from the owner, or end user, of the building to the contractor. PR's are usually associated with upgrades to the building. Not absolutely necessary for construction but if budgeting permits are enhancements to the building. • A Contract Change Directive (CCD) issued by the owner to the contractor directing a change to the plans immediately, while price negotiation occurs concurrently. These are issued if any of the above three issues are identified and delaying clear direction until costs can be negotiated would severely impact the cost of the change due to the sequencing of construction. I explain these five ways of identifying a contract change because they are listed for each component of work. It is hoped that this information will make it easier to understand the "reason for change" for each component of work. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING HE CITY ENGINEER TO EXECUTE CHANGE ORDER NOS. 13 AND 14 WITH JAYNES CORPORATION IN THE COMBINED TOTAL AMOUNT OF $103,867 FOR VARIOUS NECESSARY DESIGN MODIFICATIONS AND UPGRADES TO THE NATIONAL CITY PUBLIC LIBRARY WHEREAS, the contract for the National City Public Library Project, Specification No. 1028, was awarded to Jaynes Corporation on February 10, 2004, by the adoption of Resolution No. 2004-19; and WHEREAS, during the construction of this project, various necessary design modifications and upgrades were required or requested; and WHEREAS, each cost has been negotiated with the contractor and represents a cost similar to what would have been received had these items of work been identified on bid day. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order Nos. 13 and 14 with Jaynes Corporation in the combined total amount of $103,867 for the necessary design modifications and upgrades that were required or requested for the National City Public Library Project. PASSED and ADOPTED this 4`h day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 111 Elm Street 4Ut Floor San Diego, California 92101 C/O Number. C/O Initiation Date: Project: Contract No.: 014 August 24, 2005 National City Public Library 1028 REASON FOR CHANGE (coned): 11. COR #152: Construct L-Shaped Column to Cover Exposed Drains and Hydronic Piping The H-8 column on the East wall in room 109 had to be modified and re -shaped in order to cover up and conceal otherwise exposed building drain and chilled water lines. The column was constructed rectangular, per plan but had to be re -shaped to an "L" configuration for proper concealment of the piping. 12. COR #163: Owner Requested Interim Door Cores for Security This was an owner request to provide/re-key 9 lock cylinders for added owner security to specific doors with in the building. These doors included storage rooms and offices that contained equipment that was delivered earlier than anticipated. 13. COR #164: New Door Frames and Revised Closers from 120 to 180 Degrees As a result of revised wall sizes, 2 new metal door frames were required to be ordered. The specified/approved closer mechanism would only open 120 degrees and were mounted on the pull side of the door. The Project specification require 180 degrees. The closers were replaced and moved to the push side of the opening at the owners request. 14. COR #168: Revise Vision Light Glass at Doors 116A, 119, 131 and 201A to Frosted Glass The owner requested that 4 doors originally specified to have "clear" vision-lite glazing to be revised to a "frosted" glass. This was to provide a higher level of security on the doors leading to the administrative offices, the copy room that open into the public space areas. 15. COR #171: Demolish and Remove Park Zoo and Surrounding Flatwork This added scopeof work was requested by the owner. The old "monkey" zoo area, sidewalk, and Landscaping at the Northeast that ajoined the new project landscaping required upgrading to blend in with the new construction and provide an ecstatically pleasing transition from the new library site into the existing park area. 16. RFI #213: Add Requested Sill Flashing and Sealant This added work resulted from the need for additional flashing at the exterior windows. The installed flashing had an unfinished appearance and sharp edges. A "J" configured flashing eliminated the exposed sharp edge and gave the window openings a finished appearance. 17. COR #173: Add Painting of All Patio Fence Post The owner requested that the exterior fence posts and frame be painted a "Zinc" color to better match the Zinc panel color on the building. The original plans only specified that the fence be galvanized tube steel and not painted. The painted fence blends in with the new building color scheme and exterior appearance. 18. COR #176: Door Hardware Revisions at Restrooms, Book Store and Resolve Closer/Glass This added work resulted from on -site coordination meeting with CNC, the architect and the general contractor. Several doors were designated with an improper lock set and opening mechanism. Several other glass door openings had conflicts with exposed closer mechanisms not properly positioned in the door. These closers had to be modified and/or re -ordered in order to achieve design intent and to satisfy owner requested revisions. 1 CONTRACT CHANGE ORDER C/O Number: 014 TO (Contractor): Jaynes Corporation C/O Initiation Date: August 24, 2005 111 Elm Street 4th Floor Project National City Public Library San Diego, California 92101 Contract No.: 1028 REASON FOR CHANGE: 1. PR #016: Modify Drywall and Finishes This proposal request encompasses several locations in the building where drywall surface had to undergo minor modifications to accommodate Finish surfaces that were revised. The finish revisions constituted areas painted surfaces revised to wall covering and revised paint colors. 2. ASI #058: Clarification of Detailing South Canopy Side Conditions This added work was required due to additional detailing of the Entry Canopy/Exterior Wall interface. Upon the architect's review of the field condition, additional framing and flashing were required to provide a watertight interface of the canopy and the exterior wall. The work was performed on a time and material basis to keep the repair cost down. 3. PR #028: Replace Exterior Painted Reveal with Vented Fry Reveal The architect issued this proposal request after reviewing the ecstatic and maintenance benefit of revising the Exterior reveal from being painted to the Vented Fry. The minimal cost for the material trade off more than offsets the ecstatic/maintenance benefit to the project. 4. ASI #062: Revise Layered Gypsum at West Wall of Children's Collection Area This revision was to revise the "relief" effect drywall in the children's area. Minor changes to the "relief" pattern made the wall more ecstatically in" theme" with the elliptical building lines thus enhancing the entire West wall elevations of the Children's Area. 5. COR #94: Carpet Adhesive Material Only In the City's purchase of the carpet, the applied adhesive material was not included. This, by contract was to be part of the carpet material procurement. The general contractor purchased the material on behalf on CNC. 6. ASI #084: Revised Dimensions and Detail for Concrete Wall at Gas Meter This change was required due to SDG&E inspection/activation requirements. When the inspector reviewed the on -site condition, the concrete enclosure walls had to be modified for acceptable SDG&E clearances and maintenance needs. 7. COR #119: Grind/Bush Concrete Wall for Co -Planer Surface for Added Stonework This added work was required to create a smooth transition of the Estril Blue stone with the Exterior Sandstone at the North Patio area to provide the proper blend -in effect of the differing stone surfaces. 8. ASI #087 : Relocate Light Fixtures in Rooms 212 and 220 The light fixtures and wiring needed to be re-routed/relocated in order to avoid conflict with above grid HVAC duct work and piping in the Staff Lounge and Office Room 212. 9. COR #148: Added Flashing Required for Watertight Btwn. Stucco/Roof and Topping Slab This added work was required as a result of the roof membrane change. The membrane needed a 2- part flashing sequence in stead of the per plan 1-part sequence. This required an additional flashing i rtallation to be performed. 10. COR #149: Upgrade Flashing at Exterior Wall and Stucco Termination Upon installation, the per plan door flashing installed had an exposed, sharp, unfinished looking appearance. The Perimeter flashing was upgraded to incorporate a "J" return thus eliminating the sharp edges and providing a better looking flashing detail at the affected four door openings. CONTRACT CHANGE ORDER C/O Number TO (Contractor): Jaynes Corporation C/O Initiation Date: 111 Elm Street 4th Floor Project: San Diego, California 92101 Contract No.: 014 August 24, 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 CHANGES: 1. PR #016: Modify Drywall and Finishes $ 742.00 2. ASI #058: Clarification of Detailing South Canopy Side Conditions .5 449.00 3. PR #028: Replace Exterior Painted Reveal with Vented Fry Reveal .$ 771.00 4. ASI #062: Revise Layered Gypsum at West Wall of Children's Collection Area ..$ 787.00 5. COR #94: Carpet Adhesive Material Only $ 2,296.00 6. ASI #084: Revised Dimensions and Detail for Concrete Wall at Gas Meter .$ 300.00 7. COR #119: Grind/Bush Concrete Wall for Co -Planer Surface for Added Stonework .$ 557.00 8. ASI #087: Relocate Light Fixtures in Rooms 212 and 220 .$ 694.00 9. COR #148: Added Flashing Required for Watertight Btwn. Stucco/Roof and Topping Slab$ 415.00 10. COR #149: Upgrade Flashing at Exterior Wall and Stucco Termination .$ 300.00 11. COR #152: Construct L-Shaped Column to Cover Exposed Drains and Hydronic Piping$ 610.00 12. COR #163: Owner Requested Interim Door Cores for Security $ 217.00 13. COR #164: New Door Frames and Revised Closers from 120 to 180 Degrees $ 397.00 14. COR #168: Revise Vision Light Glass at Doors 116A, 119, 131 and 201A to Frosted Glass $ 446.00 15. COR #171: Demolish and Remove Park Zoo and Surrounding Flatwork $ 9,17300 16. RFI #213: Add Requested Sill Flashing and Sealant $ 1,463.00 17. COR #173: Add Painting of All Patio Fence Post $ 4,105.00 18. COR #176: Door Hardware Revisions at Restrooms, Book Store and Resolve Closer/Glass$ 6,309.00 REASON FOR CHANGE: Owner Requested and Required Structural, Electrical, Shelving and Architectural Additions, Modifications and Revisions. (See Attached) COST RECONCILIATION: Thirty Thousand, and Thirty One Dollars & 00/100: $ 30,031.00 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 $11,476,411.00 Net change by previously authorized Change Orders $ 625,305.00 Revised Contract Amount due to previous Change Orders $ 12,101,749.00 With this Change Order request the Contract amount increases by $ 30,031.00 New Revised Contract Amount $ 12,131,780.00 Change in Contract Time: Zero Calendar days Contract Co pletion Date: ' 23, 2005 Recommee orAp.ro M R / deb, inc. anager CHITECT REPRESENTATIVE Gresident (C.A.L) App RAC "1 OR/ Jaynes Corporation Rick Cohen; Senior Vice President DATE DATE OWNER/ City Of National City Steve Kirkpatrick; Director of Public Works/City Engineer DA I CONTRACT CHANGE ORDER C/O Number.. 013 TO (Contractor): Jaynes Corporation C/O Initiation Date: July 29, 2005 111 Elm Street 4th Floor Project National City Public Library San Diego, California 92101 Contract No.: 1028 REASON FOR CHANGE (coned): 14. COR #151: Raise East Patio Catch Basin As a result of required patio flatwork elevations, the catch basin, installed per plan, had to be raised to match the revised concrete slab elevations for proper and adequate drainage in the patio area. 15. COR #155: Drywall Encase Exposed I -Beams in Elevator Shaft This added work, not detailed on the original construction plans, was required to satisfy State Elevator Safety Inspection requirements. 16. COR #156: Add Picture Frame Light Openings in Stair #3 This added work was necessary because the specified light fixture was in conflict with HVAC duct work already in place. The "picture frame " was added to effectively be able to install the fixture low enough to fit into the available ceiling space without having to re -locate the fixture entirely. 17. COR #158: In Room 129 Extend Column at Casework Over Exposed I -Beam This revision was necessary because the original casework design and layout did not cover a structural steel beam as was originally planned. The column drywall covering was extended to effectively cover the beam as was the original design intent. CONTRACT CHANGE ORDER C/O Number: 013 TO (Contractor): Jaynes Corporation C/O Initiation Date: July 29, 2005 111 Elm Street 4th Floor Project National City Public Library San Diego, California 92101 Contract No.: 1028 REASON FOR CHANGE: 1. ASI #059: Add Type "A" Wall at South Elevation of Room 224 This wall was added in Storage Room 244 to effectively close off the room from a void space that penetrated down to the first floor level. This was inadvertently overlooked in the final project drawings and was addressed and completed through this additional work item. 2. PR #042: Revisions to Circulation, Reference and Children's Desk Millwork This proposal request was generated by Owner/Architectural mock-up review of the Children's, Reference and Circulation Desks. Based on program usage, several modifications were required to the counter tops, lower casework and shelve/drawer number and size to satisfy program requirements. 3. PR #044: New Owner Requested Added Lighting in Room 204 This proposal request was at the request of the Owner to add Six (6) Poulson Globe fixtures previously designated to be install on the Lobby Chandelier. Costs covered by this change is the re- routing of conduit, wire and associated circuitry. 4. ASI #076: Relocate Three Diffusers from Wall Elevation to Underside of Ceiling This modification was required because three HVAC diffusers were shown to be installed on the vertical face of the referenced wall. During construction it was determined that the diffusers were better positioned o the underside soffit of the referenced wall. The original diffuser placement conflicted with the panelized wall covering system layout and installation. 5. PR #050: Add Perimeter DG Path at Glass Ellipse/Revise Landscaping The change was at the request of the Owner to specifically address the maintenance/cleaning of the Perimeter Glass Wall. In order to maintain landscape coverage, minor planting layout were also revised and re -located. 6. PR #051: Add Drywall Box at Exposed Seismic Braces This added scope of work was required because in several locations the Exposed Seismic Gusset attachment plates looked out of place/ unfinished. The added "Box -In" of these plates provided a more appropriate finish to the area. 7. COR #140: Add Black Insulation Above High Ceiling/Diffuser Slots This change was a result an owner/architect review of the High Ceiling slot areas. Visible from the floor was soffit framing and ductwork that needed to be hidden from vision to maintain the "Floating Ceiling" effect. The Black insulation satisfied the requirement. 8. RFI #296R1: Add Duct Detector for Tamper Switch The original project drawings did not provide for tamper switches at AH-7 and AH-8. These switches are required for overall code compliance. The switches are connected to the sprinkler riser and duct detectors at each of the two units. 9. COR #142: Add Black Sheet Metal Above Wood Ceilings in Rooms 104 and 135 This change was a result of owner/architect review of the in -place wood ceilings. It was observed that the ceiling connection wiring and light fixture can assemblies were visible above the ceiling. Sheet Metal painted black was added around the perimeter of the suspended wood ceilings to conceal these support wires and light fixture housings. 10. RFI #233: Additional Upgrades to the Metal Shelving/Dividers This change request is due to an owner requested upgrade to the perforated metal shelving dividers at the Custom Media Shelving. The upgrade added additional shelving and "powder coating" of the original dividers and also to the added shelving dividers. 11. COR #146: Addition of "Children's Book Display" at Main Entry This was an Owner added feature at the Main Entry lobby and at the entrance to the Children's Collection area. 12. COR #147: Added Flashing Required at 2" Floor East Terrace This modification was required because the flashing detail provided in the contract drawings did not completely provide a watertight condition where the terrace wall interfaced with the terrace floor slab. The added flashing provided the desired watertight condition. 13. COR #150: Added Flashing Required at Roof Screen Walls This modification was needed because the project plans contained a flashing detail that did not totally yield a watertight condition at the screen walls on the roof. The additional flashing addressed and satisfied the need for the water tight condition. CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 111 Elm Street 4th Floor San Diego, California 92101 C/O Number: C/O Initiation Date: Project Contract No.: 013 July 29, 2005 National City Public Library 1028 A Chanae Order is hereby recommended for the followine work in the amount identified in this document: DESCRIPTION OF CHANGES: 1. ASI #059: Add Type "A" Wall at South Elevation of Room 224 ..$ 2,096.00 2. PR #042: Revisions to Circulation, Reference and Children's Desk Millwork $ 7,978.00 3. PR #044: New Owner Requested Added Lighting in Room 204 $ 2,006.00 4. ASI #076: Relocate Three Diffusers from Wall Elevation to Underside of Ceiling$ 1,281.00 5. PR #050: Add Perimeter DG Path at Glass Ellipse/Revise Landscaping $ 9,856.00 6. PR #051: Add Drywall Box at Exposed Seismic Braces $ 4,306.00 7. COR #140: Add Black Insulation Above High Ceiling/Diffuser Slots..... ........ . .......... 1,292.00 8. RFI #296R1: Add Duct Detector for Tamper Switch $ 2,660.00 9. COR #142: Add Black Sheet Metal Above Wood Ceilings in Rooms 104 and 135 $ 1,909.00 10. RFI #233: Additional Upgrades to the Metal Shelving/Dividers $ 4,407.00 11. COR #146: Addition of "Children's Book Display" at Main Entry $21,803.00 12. Added Flashing Required at 2°d Floor East Terrace $ 1,137.00 13. Added Flashing Required at Roof Screen Walls $ 5,900.00 14. Raise East Patio Catch Basin $ 1,100.00 15. Drywall Encase Exposed I -Beams in Elevator Shaft ...$ 3,300.00 16. Add Picture Frame Light Openings In Stair #3 $ 1,220.00 17. In Room 129 Extend Column at Casework Over Exposed I -Beam $ 1,585.00 COR #147: COR #150: COR #151: COR #155: COR #156: COR #158: REASON FOR CHANGE: Owner Requested and Required Structural, Electrical, Shelving and Architectural Additions, Modifications and Revisions. (See Attached) COST RECONCILIATION: Seventy -Three Thousand, Eight Hundred and Thirty Six Dollars & 00/100: $ 73,836.00 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 $ 551,469.00 Revised Contract Amount due to previous Change Orders $ 12,027,913.00 With this Change Order request the Contract amount increases by $ 73,836.00 New Revised Contract Amount $ 12,101,749.00 Change in Contract Time: Zero (0) Calendar days Contract Completion Da J May 23, 2005 Recomme�r(ded for A al by: tCON Mart T • CTGER / deb, inc. ect Manager PR • EC ARCHITECT REPRESENTATIVE Gregory Ny; President (C.A.I.) App �C�3V,PRACTOR/ Jaynes Corporation kick Cohen; Senior Vice President OWNER/ City Of National City Steve Kirkpatrick; Director of Public Works/City Engineer 9 '/,s- ATE DATE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 10/4/2005 ITEM TITLE 10 AGENDA ITEM NO. RESOLUTION APPROVING COUNCIL POLICY ON THE CITY OF NATIONAL CITY INVESTMENT POLICY PREPARED BY Bill Yeomans Yv DEPARTMENT Finance Interim Finance DI ctor Ext 4331 EXPLANATION City Council Policy Number 203 provides that the City's Investment Policy be reviewed annually. Per Council direction, investment policy updates are incorporated into our City Council Policy. This year's policy recommends one change to the policy adopted June 7, 2005. The change allows the City to hold up to 30% of its investment portfolio in Certificate of Deposits, an increase from 15%. In addition, the Glossary of Terms has been expanded. Environmental Review X N/A Financial Statement Not Applicable. Account No. STAFF RECOMMENDATION Staff and the City Treasurer recommend the City Council adopt the Resolution approving the updated policy for inclusion in the Policy Manual and amend the Investment Policy ad9pted by Council on June 7, 2005. BOARD/COMMISSION RECOMMENDATION Not Applicable. George Hood, City Treasurer ATTACHMENTS ( Listed Below ) 1. Resolution 2. Updated Investment Policy Resolution No. A-200 (9/80) RESOLUTION NO. 2005 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 203, entitled "Investments", is amended as recommended by the Interim Finance Director. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 Purpose AMENDED OR REVISED Oct 5, 2005 1 The purpose of this document is to identify various policies and procedures that en- hance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital re- quirements. The ultimate goal is to enhance the economic status of National City while protecting its pooled cash resources and to provide broad guidelines to the offi- cer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City of National City are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The investment of bond proceeds are restricted by the provisions of relevant bond documents. Policy Temporarily idle funds will be invested in a manner which will provide the highest in- vestment return with the maximum security while meeting the daily cash flow de- mands of the City and conforming to all state and local statutes governing the invest- ment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Com- prehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. CITY OF NATIONAL CITY P1 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states. that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the in- vestment policy and exercising due diligence shall be relieved of personal responsi- bility for an individual security's credit risk or market price changes provided devia- tions from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. i Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. P2 CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment return. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. CITY OF NATIONAL CITY P3 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 4 Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the return on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment returns above the market- average rate of return. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. i Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the City, and they shall P4 CITY OF NATIONAL CITY TITLE: CITY COUNCIL POLICY Investments NUMBER 203 POLICY ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 5 further disclose any large personal financial investment positions that could be re- lated to the performance of the City's portfolio. Employees and officers shall subordi- nate their personal investment transactions to those of the City, particularly with re- gard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers se- lected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the City's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. CITY OF NATIONAL CITY P5 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the California govern- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Spon- sored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees. The maximum matur- ity shall be 5 years with a minimum credit requirement of AAA which all U.S. Treasur- ies and Agencies are currently rated. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment P6 CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 7 grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. NEGOTIABLE TRANSFERABLE, OR DIRECT CERTIFICATES OF DEPOSIT are issued by FDIC insured commercial banks and thrift institutions. Funds are depos- ited for specified periods of time and earn either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new in- vestments. Certain exceptions can be made upon the discretion of the Finance Di- rector. The Certificate of Deposit is issued by a federally insured bank and must be "well capitalized" as that term referred to in the FDIC Rules and Regulations. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or Aa, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateralized. Collateralized investment issue is limited to $4,000,000. The maximum exposure shall be no more than 30% of the portfolio value. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity and an investment Cap of $30 million for each participant. INVESTMENT TRUST OF CALIFORNIA (CaITRUST) is a pooled investment pro- gram through the CaITRUST Joint Powers Authority, authorized by Government Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Government Code; and no leverage is permitted in any of the accounts. CITY OF NATIONAL CITY P7 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 8 The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the government codes. INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and -Custody Securities owned by the City shall be held in safekeeping accounts with the entire balance protected by Securities Investor Protection Corporation (SIPC) insurance. Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit and the Local Agency Invest- ment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the City's total in- vestment portfolio being invested in a single security type or with a single financial in- stitution. CITY OF NATIONAL CITY P8 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Oct 5, 2005 AMENDED OR 9 Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not di- rectly invest in securities maturing more than five years from the date of purchase without specific approval by the City Council. The maturity of such investments shall be made to coincide as nearly as practicable with expected use of the funds. Maturi- ties of investments will be selected based on liquidity requirements to minimize inter- est rate risk and to maximize earnings. The following maturity range and suggested percentages shall serve as a guide relative to maintaining a diversification and bal- ance of security maturities. The weighted average maturity of the pooled portfolio should not exceed two years, and the following percentages of the portfolio should be invested in the following maturity sectors: Maturity Range One day to 180 days 181 days to 360 days One year to two years Two years to three years Three years to five years Over five years Suggested Percentage 10 to 50% 10 to 30% 10 to 20% 0 to 20% 0 to 20% Council authorization required Portfolio Adjustments Should an investment percentage -of -portfolio limitation be exceeded due to an inci- dent such as fluctuation in portfolio size, the affected securities may be held to matur- ity to avoid losses. When no loss is indicated, the Treasurer shall consider recon- structing the portfolio basing his decision, in part, on the expected length of time the portfolio will be unbalanced. Internal Control A system of internal control shall be maintained to prevent losses arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls CITY OF NATIONAL CITY P9 CITY COUNCIL POLICY TITLE: ADOPTED: POLICY Investments NUMBER 203 AMENDED OR October 23, 1990 REVISED Oct 5, 2005 10 deemed most important include: control of collusion, separation of duties, clear dele- gation of authority, written confirmation of transactions initiated by telephone, and documentation of transactions. The matrix of segregation of responsibilities of investment functions shown in Exhibit "A" attached hereto and incorporated herewith shall be implemented and adhered to. Non -Discrimination The City shall not knowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. Reporting The Finance Director shall render a monthly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution. 3. Date of purchase CITY OF NATIONAL CITY P10 TITLE: CITY COUNCIL POLICY Investments ADOPTED: October 23, 1990 9. A statement that the City's expenditure requirements can be met in the following month. 10. At the end of each fiscal year, a schedule comparing the investment portfolio performance against the established benchmark. POLICY NUMBER 203 AMENDED OR REVISED Oct 5, 2005 11 4. Date of maturity. 5. Amount of deposit or carrying cost of the security. 6. Current market value for all securities with a maturity of more than 12 months. 7. The rate of interest. 8. A statement relating the report to the investment policy. A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. CITY OF NATIONAL CITY P11 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 City of National City Investments Functions Segregation of Responsibilities FUNCTION RESPONSIBILITY 1.0 Invest Policy: 1.1 Preparation and annual review of Investment Policy. 1.2 Approval of Investment Policy. 2.0 Investment Transactions: 2.1 Calculation of Cash position. 2.2 Investment recommendation: Determination of amount to be invested, selection of type of investment and term of investment. 2.3 Review of Investment recommend- ation and execution of transaction. 3.0 Recording of transactions: 3.1 In Investment subsidiary ledgers. 3.2 In accounting records. 3.3 Match Investment confirmation to suosidiary ledgers. Finance Director City Council Finance Director Finance Director City Treasurer Finance Director Finance Director Accountant Accountant 12 P12 CITY OF NATIONAL CITY TITLE: CITY COUNCIL POLICY Investments ADOPTED: October 23, 1990 4.o Safeguarding of assets and records: 4.1 Reconciliation of subsidiary records to the accounting records. 4.2 Reconciliation of subsidiary records to bank statements and safekeeping records. 4.3 Review of financial Institutions and investment brokers' reputation and financial condition. 4.4 Review of collaterals. 4.5 Control, follow up and calculation of interest earnings. 4.6 Review and calculation of applicable fees, discounts, premiums, commissions and other costs associated with placing investments. 4.7 Maintain a separate file for each investment banker and broker authorized to do business with the City. 4.8 Distribute and secure acknowledgements of the City's Investment Policy from authorized banks and brokers. 4.9 Review the audited financial statements submitted by the investment brokers on an annual basis. 4.10 Gather data of comparable investment rates on a daily basis for the Finance Director's review. 4.11 Review the status of investment banks through the Financial Services Information 5.0 Investment portfolio: 5.1. Preparation of investment report. 5.2 Review of portfolio for compliance with stated investment policy 5.3 Approval of Investment Report POLICY NUMBER 203 AMENDED OR REVISED Oct 5, 2005 Accountant Accountant Finance Director City Treasurer Accountant Accountant Accountant Accountant Accountant Accountant Accountant Sr. Accountant Finance Director City Council 13 CITY OF NATIONAL CITY P13 CITY COUNCIL POLICY TITLE: ADOPTED: POLICY Investments NUMBER 203 AMENDED OR October 23, 1990 REVISED Oct 5, 2005 14 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage— Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance -A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds -The money paid to the issuer by the purchaser or underwriter of a new is- sue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization—Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper -An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds —The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon —The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate -The annual yield earned on an investment, expressed as a percentage. P14 CITY OF NATIONAL CITY TITLE: CITY COUNCIL POLICY Investments ADOPTED: October 23, 1990 POLICY NUMBER 203 AMENDED OR REVISED Oct 5, 2005 15 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units. Fannie Mae —Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System —The central bank of the United States consists of a seven mem- ber Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae —Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Government. Liquidity —Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Each agency is currently lim- ited by LAIF to an investment of $30 million plus any bond proceeds. CITY OF NATIONAL CITY P15 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5,2005 16 Sallie Mae — Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills — United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies — Instruments issued by various United States Gov- ernment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. CITY OF NATIONAL CITY P16 CITY COUNCIL POLICY TITLE: Investments ADOPTED: October 23, 1990 Purpose POLICY NUMBER 203 AMENDED OR REVISED Oct 5, 2005 1 The purpose of this document is to identify various policies and procedures that en- hance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital re- quirements. The ultimate goal is to enhance the economic status of National City while protecting its pooled cash resources and to provide broad guidelines to the offi- cer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City of National City are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The investment of bond proceeds are restricted by the provisions of relevant bond documents. Policy Temporarily idle funds will be invested in a manner which will provide the highest in- vestment return with the maximum security while meeting the daily cash flow de- mands of the City and conforming to all state and local statutes governing the invest- ment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Com- prehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. CITY OF NATIONAL CITY P1 CITY COUNCIL POLICY TITLE: Investments ADOPTED: POLICY NUMBER 203 October 23, 1990 AMENDED OR REVISED Oct 5, 2005 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the in- vestment policy and exercising due diligence shall be relieved of personal responsi- bility for an individual security's credit risk or market price changes provided devia- tions from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. P2 CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment return. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. CITY OF NATIONAL CITY P3 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 4 Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the return on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment returns above the market- average rate of return. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the City, and they shall CITY OF NATIONAL CITY P4 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 5 further disclose any large personal financial investment positions that could be re- lated to the performance of the City's portfolio. Employees and officers shall subordi- nate their personal investment transactions to those of the City, particularly with re- gard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers se- lected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the City's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. CTTY OF NATIONAL CITY P5 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the California govern- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Spon- sored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees. The maximum matur- ity shall be 5 years with a minimum credit requirement of AAA which all U.S. Treasur- ies and Agencies are currently rated. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment CITY OF NATIONAL CITY P6 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 7 grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. NEGOTIABLE, TRANSFERABLE, OR DIRECT CERTIFICATES OF DEPOSIT are issued by FDIC insured commercial banks and thrift institutions. Funds are depos- ited for specified periods of time and earn either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new in- vestments. Certain exceptions can be made upon the discretion of the Finance Di- rector. The Certificate of Deposit is issued by a federally insured bank and must be "well capitalized" as that term referred to in the FDIC Rules and Regulations. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or Aa, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateralized. Collateralized investment issue is limited to $4,000,000. The maximum exposure shall be no more than 30% of the portfolio value. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity and an investment Cap of $30 million for each participant. INVESTMENT TRUST OF CALIFORNIA (CaITRUST) is a pooled investment pro- gram through the CaITRUST Joint Powers Authority, authorized by Government Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Government Code; and no leverage is permitted in any of the accounts. CITY OF NATIONAL CITY P7 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 8 The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the government codes. INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and Custody Securities owned by the City shall be held in safekeeping accounts with the entire balance protected by Securities Investor Protection Corporation (SIPC) insurance. Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit and the Local Agency Invest- ment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the City's total in- vestment portfolio being invested in a single security type or with a single financial in- stitution. CITY OF NATIONAL CITY P8 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 9 Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not di- rectly invest in securities maturing more than five years from the date of purchase without specific approval by the City Council. The maturity of such investments shall be made to coincide as nearly as practicable with expected use of the funds. Maturi- ties of investments will be selected based on liquidity requirements to minimize inter- est rate risk and to maximize earnings. The following maturity range and suggested percentages shall serve as a guide relative to maintaining a diversification and bal- ance of security maturities. The weighted average maturity of the pooled portfolio should not exceed two years, and the following percentages of the portfolio should be invested in the following maturity sectors: Maturity Range One day to 180 days 181 days to 360 days One year to two years Two years to three years Three years to five years Over five years Portfolio Adjustments Suggested Percentage 10 to 50% 10 to 30% 10 to 20% 0 to 20% 0to20% Council authorization required Should an investment percentage -of -portfolio limitation be exceeded due to an inci- dent such as fluctuation in portfolio size, the affected securities may be held to matur- ity to avoid losses. When no loss is indicated, the Treasurer shall consider recon- structing the portfolio basing his decision, in part, on the expected length of time the portfolio will be unbalanced. Internal Control A system of internal control shall be maintained to prevent losses arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls CITY OF NATIONAL CITY P9 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 10 deemed most important include: control of collusion, separation of duties, clear dele- gation of authority, written confirmation of transactions initiated by telephone, and documentation of transactions. The matrix of segregation of responsibilities of investment functions shown in Exhibit "A" attached hereto and incorporated herewith shall be implemented and adhered to. Non -Discrimination The City shall not knowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. Reporting The Finance Director shall render a monthly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution. 3. Date of purchase CITY OF NATIONAL CITY P10 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 11 4. Date of maturity. 5. Amount of deposit or carrying cost of the security. 6. Current market value for all securities with a maturity of more than 12 months. 7. The rate of interest. 8. A statement relating the report to the investment policy. 9. A statement that the City's expenditure requirements can be met in the following month. 10. At the end of each fiscal year, a schedule comparing the investment portfolio performance against the established benchmark. A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. CITY OF NATIONAL CITY P11 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 12 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 City of National City Investments Functions Segregation of Responsibilities FUNCTION RESPONSIBILITY 1.0 Invest Policy: 1.1 Preparation and annual review of Investment Policy. Finance Director 1.2 Approval of Investment Policy. City Council 2.0 Investment Transactions: 2.1 Calculation of Cash position. Finance Director 2.2 Investment recommendation: Determination of amount to be invested, selection of type of investment and term of investment. Finance Director 2.3 Review of Investment recommend- City Treasurer ation and execution of transaction. Finance Director 3.0 Recording of transactions: 3.1 In Investment subsidiary ledgers. Finance Director 3.2 In accounting records. Accountant 3.3 Match Investment confirmation to subsidiary ledgers. Accountant CITY OF NATIONAL CITY P12 CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: AMENDED OR October 23, 1990 REVISED Oct 5, 2005 4.0 Safeguarding of assets and records: 4.1 Reconciliation of subsidiary records to the accounting records. Accountant 4.2 Reconciliation of subsidiary records to bank statements and safekeeping records. Accountant 4.3 Review of financial Institutions and investment brokers' reputation and financial condition. Finance Director 4.4 Review of collaterals. City Treasurer 4.5 Control, follow up and calculation Accountant of interest earnings. 4.6 Review and calculation of applicable fees, discounts, premiums, commissions and other costs associated with placing investments. Accountant 4.7 Maintain a separate file for each investment banker and broker authorized to do business with the City. Accountant 4.8 Distribute and secure acknowledgements of the City's Investment Policy from authorized banks and brokers. Accountant 4.9 Review the audited financial statements submitted by the investment brokers on an annual basis. Accountant 4.10 Gather data of comparable investment rates on a daily basis for the Finance Director's review. Accountant 4.11 Review the status of investment banks through the Financial Services Information Accountant 5.0 Investment portfolio: 5.1. Preparation of investment report. 5.2 Review of portfolio for compliance with stated investment policy 5.3 Approval of Investment Report Sr. Accountant Finance Director City Council 13 CITY OF NATIONAL CITY P13 CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms AMENDED OR REVISED Oct 5, 2005 14 Arbitrage- Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance -A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds -The money paid to the issuer by the purchaser or underwriter of a new is- sue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization-Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper -An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds -The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon -The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate -The annual yield earned on an investment, expressed as a percentage. P14 CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 AMENDED OR REVISED Oct 5, 2005 15 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units. Fannie Mae —Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System —The central bank of the United States consists of a seven mem- ber Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of a subscribing bank_that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae —Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Government. Liquidity —Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Each agency is currently lim- ited by LAIF to an investment of $30 million plus any bond proceeds. CITY OF NATIONAL CITY P15 CITY COUNCIL POLICY TITLE: ADOPTED: Investments NUMBER 203 October 23, 1990 REVISED Oct 5,2005 POLICY AMENDED OR 16 Sallie Mae — Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills — United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies — Instruments issued by various United States Gov- ernment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. P16 CITY OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 AGENDA ITEM NO. it /ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the Sweetwater Union High School Marine Corps JROTC and Waiver of All Fees for their "First Semester Promotion and Change of Command Ceremony" on Tuesday, December 6, 2005 PREPARED BY DEPARTMENT Leslie Deese Community Services EXPLANATION Phone: (619) 336-4242 The Sweetwater Union High School Marine Corps JROTC is requesting use of the North Room of the Martin Luther King, Jr. Community Center for their "First Semester Promotion and Change of Command Ceremony" on Tuesday, December 6, 2005 from 6:00 p.m. until 9:00 p.m. Approximately 200 cadets and parents will be attending. The MCJROTC used the Community Center in December 2004 and May 2004 for the same type of event, Costs: Building: $263.85 Custodial: 100.53 Total $364.38 Waiver of all fees is also being requested. This is an acceptable category of use according to the City Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center." However, it would take the approval of the Citv Council to waive the fees. (-Environmental Review x N/A Financial Statement Loss of $364.38 if waiver of fees is approved. Account No. STAFF RECOMMENDATION Staff recommends the use of the Community Center and waiver of all fees due to the nature of the event and in recognition of the MCJROTC's active participation in City -sponsored events. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter dated September 9, 2005 from the MCJROTC Unit A-200 (9/80) MCJROTC UNIT Sweetwater High School 2900 Highland Avenue National City, CA 91950-7495 9 September 2005 Ms. Leslie A. Deese Community Services Department 140 East Twelfth Street, Suite A, National City, CA. 91950-3312 Leslie, Request the use of the Martin Luther King, Jr. Community Center on Tuesday, 6 December 2005 (6-9:30 p.m.). First semester promotion and change of command ceremony will be conducted. Approximately 200 cadets and parents will attend. In addition, facility fees waiver is requested. The required application for use of the facility previously submitted. Favorable consideration is appreciated. Sincerely, obe pack .n Colonel USMC Senior arine Instructor APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations IVICJROTE UNIT Name of Organization: Business. Address: Name of Applicant: 01 °AC[_. o�E� - E-- SWEETWATER HIGH SCHOOL 2900 HIGHLAND AVENUE NATIONAL CITY, CA 91 g50.7495 Address: 2 Qv /fi)hhL 7c=, n 29/7 7/�$Z Telephone Number: day 6/'7 4/'77- 37,s-c evening CM "'z2 Type of Function: %YTS J gola ficorlY3 fl L5ivt Date Requested: �(Ji C,I } 6 bECe-i-nSco 2 ,6— Decorating Time: 6 f ov Function Time: 7_f G?J Clean up Time: 3D Use of Kitchen: (arn/0 to -7: O7 ( to 7:30 (erne) to %!4"0 no yes If yes, Time: (am/pm) to (amEl (am (am/pm) Number of Participants: 70- 7 Will Admission be charged? If yes, Amount $ — Will this be a fund raising event? Will alcohol be served? AJ (`) If yes, ABC Permit Submitted? Certificate of Insurance attached? yfS Special configuration of tables or chairs required? 'y' If yes, attach sketch. Special equipment required? N/f,5 If yes, attach list. Copy of Rules & Regulations provided? Initials ' U Certificate of Insurance attached? How many times in the last two years have you used the Community Center? If applicable, how much did you pay for building and/or custodial fees? .t l lc(r �5 L L VO z PC.3IsF- fS ± c�-- I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest- Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code armin_tt Anniirent's nns..es.enry interest in the City's facility 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 c "t Leo /- 2.7 r/ 1C1 -)'i?Ccr-pc- Person in charge of activity � ( ar £� ) f2T--cicAez mVi) 4 in-i;, Address 2 �1 b t3dc:iv& /9116 t ��_) 191C.C.4- Telephone 6 L9- �I'% i? .3 7: City facilities and/or property requestedL/ bCrj CU/1 L+-L ] (AY►?r>'��a` Date(s) of use TC,( c42t) 4 C✓' 2 C!?4 6 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Certificate of Insurance Approved by Official Title U Date Name and Title rev. 02/03 L:nenur: zoz4 SWtt 1 VVUNI ACORD- CERTIFICATE OF LIABILITY INSURANCE PRODUCER John Bumham Insurance Svcs 16 CA Lic 0099753 / 750 B St., #2400 n Diego, CA 92101 ! 231-1010 DATE (MM/DD/YYYY) 08/31/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED San Diego County Schools/JPA Sweetwater Union H.S. District 1130 Fifth Avenue Chula Vista, CA 91911 INSURERA: Ins Co State of PA/AmWINS NAIC # 19429 INSURER B: Issued with AmWINS Ins INSURER C: permission INSURER D: INSURER E: COVERAGES OF , ANY MAY POLICIES. INSR g,c r..._,,,,_, REQUIREMENT, PERTAIN, ADD`L .. ,1..w,vuv,c uo 1 ❑u aewW NAVt CttN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYI POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LABILITY 42052872 07/01/05 07/01/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY Limit Is DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE X OCCUR the difference MED EXP (Any one person) $ between SIR PERSONAL & ADV INJURY $ and $1,000,000 GENERAL AGGREGATE $ GENT_ AGGREGATE DMITAPPLIES PER PRODUCTS - COMP/OP AGG $5,000,000 POLICY n Ter n LOC AUTOMOBILE LIABILITY - - COMBINED SINGLE LIMIT (Ea accident) $ A ALL OWNED AUTOS INIJ)URY (PerBO $ H HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT - $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE - $ _ OCCUR C CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER E.L. EACH ACCIDENT $ EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ S SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: MCJROTC Awards Night Tuesday, December 6, 2005 Use of Martin Luther King, Jr. Community Center. City of National City, its officials, agents and employees are additional insureds per attached form. CERTIFICATE HOLDER City of National City 1243 National City Boulevard National City, CA 91950 ACORD 25 (2001/08) 1 of 2 #S284087/M26839 CANCELLATION Ten Day Notice for Non-Pavment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL nn DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (�.< KABRI 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25-S (2001/08) 2 of 2 #S284087/M26839 SUET M TROTC AWARDS EREMONY j-uESDAY, 7 DDCEMBER 2004 f=UM t TABLE . CHAIRS STAGE PLEASE CHAIRS KEEP OPEN FOR -_____ COLOR GUARD NOTES: I . NEED PODIUM AND MIC. 2. NEED TWO LONG TABLES ADJACENT 7 CENTER S�`AGH WIDE) 3-NEED TOHAVE ACR ISLE FOR CO -OR GUARD (APPR_ S PERSON 4. NEED TO HAVE AS MANY CHAIRS AS POSSIBLE SET UP FACING THE STAGE (WITH CENTER ISLE OPEN) APR Ro Y. aod 5. WOULD LIKE TO HAVE MALE AND FEM F ^ a SO 6. WOULD LIKE TO H VE THE BUILDING BATHROOMS OP EN S START TIME IS 7:00 P.M. PROTECTED EN AT 6:00 P.M FOR SETUP. 7. THERE IS NO REQUIREMENT FORT ISII TIME IS 9: p0 P.M � CHEN SPECIAL EXCESS •LIABILITY POLICY FOR PUBLIC ENTITIES ADDITIONAL INSURED ENDORSEMENT This Policy is hereby amended as follows: SECTION N. WHO IS AN INSURED is amended to include: Any person or entity to whom the Named Ensured is obligated by virtue of an insured contract to provide insurance solely with respect to bodily injury and property damage afforded by this Policy. Unless such insured contract is outside the normal course of the Insured's operations, said person or entity shall be covered only to the extent of such obligation of the insured, and then only .with respect to operations by or on behalf of the Ensured, or of facilities of the Insured, or of facilities used by the Insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED Effective date of this endorsement is: July 1, 2005 Attached to and forming part of Policy No. 4205-2872 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Issued to: SAN DIEGO COUNTY SCHOOLS RISK CC.V. STARR & CO. MANAGEMENT JPA (SDCSRMJPA) Un erwrit g J agers t� Sy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 AGENDA ITEM NO. 12 (ITEM TITLE Resolution approving a Conditional Use Permit to construct a wireless communications facility at 1439 Tidelands avenue. Applicant: WFlfor Cingular Wireless. Case File NO. CUP-2005-9. PREPARED BY Mary Jo Wilson 336-4310,E �, • A�ITMENT Planning EXT. EXPLANATION The City Council voted to approve this item at the September 20, 2005 public hearing. The attached resolution is needed to follow through on the action. ( Environmental Review N/A Exempt (-Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. r BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A WIRELESS COMMUNICATIONS FACILITY AT 1439 TIDELANDS AVENUE APPLICANT: WFI FOR CINGULAR WIRELESS CASE FILE NO. CUP-2005-9 WHEREAS, the City Council considered a Conditional Use Permit application to construct a wireless communications facility at 1439 Tidelands Avenue at the regularly scheduled City Council meeting of September 20, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2005-9, and which is maintained by the City and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on September 20, 2005, support the following findings: 1. That the site for the proposed use is adequate in size and shape since the facility, including the mono -palm and shelter (330 square -feet), can easily be accommodated on the .40 acre site, and will not affect surrounding 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 will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the 50-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate 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 Cingular wireless communications network, resulting in enhanced service for its customers. 5. That the proposed project is consistent with and implements the Certified Local Coastal Program since the proposed stealth wireless facility is a conditional allowed use in the MM- CZ zone and will not prohibit coastal access or obstruct views. Resolution No. 2005 — October 4, 2005 Page 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 1439 Tidelands except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP 2005-09, dated April 25, 2005. 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 palm 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 California 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. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 9. The applicant shall submit a detailed landscape and irrigation plan indicating the use of drought tolerant plant species and water conserving irrigation devices. The plan shall include a minimum of two 25-foot tall palm trees of a species similar to the mono -palm. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Director. 10. The landscape and irrigation plan shall include the entire parcel on which the wireless facility is to be located. Resolution No. 2005 — October 4, 2005 Page 3 11. 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. 12. 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 shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 4th day of October, 2005. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .METING DATE October 4, 2005 13 AGENDA ITEM NO. (-ITEM TITLE WARRANT REGISTER #10 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #10 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Financ % rector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 329,995.26 BOARD / COMMISSION RECOMMENDATION 1 etol6,1 ATTACHMENTS t Listed Below 1. Warrant Register #10 2. Workers Comp Warrant Register dated 08/31/05 3. 2uo ie e� Resolution No. Payee ACEDO ALL TRANSMISSION PROD.,CO. ALLPOSTERS.COM AMERICAN FORENSIC NURSES AMERICAN ROTARY BROOM CO., I ARNETT CONSTRUCTION ARROYO BROTHERS ASSI SECURITY, INC. AUDIO DESIGN AUSTIN J. OLIVER AVILA BANK OF AMERICA BANK OF AMERICA BISHOP BOYD BUTLER'S MILL, INC. C & M RELOCATION SYSTEMS CWREED JR CALIFORNIA COMMERCIAL POOL CALIFORNIA COMMERCIAL SECUR CEB CERTIFIED REPORT SERVICES, INC CHOICEPOINT CINGULAR WIRELESS CINGULAR WIRELESS CONCRETE CUTTING COMPANY City of National City WARRANT REGISTER # 10 9/6/05 Description chk no REIMB. SUPPLIES ARTS COMMITTEE PRESEN203449 REBUILD TRANSMISSION ON STRIPER 203450 POSTERS FOR FINANCE CONFERENCE ROOM 203451 SUSPECT BLOOD WITHDRAWALS, URINE TE5203452 POLY & WIRE MATERIAL KIT 203453 REFUND OVRPMT OF PERMIT FEES 203454 REPAIRS/UPHOLSTER FRONT/REAR SEATS 203455 TECH, SERVICE CALL REPAIR DSX SYSTEM 203456 STAGE & LIGHTING FOR PEPPER PARK CONC 203457 LAS PALMAS GOLF COURSE LEASE 203458 REIMB. SEMINAR, (MESSAGES FROM TREES) 203459 CREDIT CARD PMT#2805 CREDIT CARD CHRGS CPOA CONE ADV MEALS/MILEAGE/BISHOP RETIREE HEALTH BENEFITS - SEPT. 2005 MOP 45695 SOD FINAL PMT MOVING CONTRACT -LIBRARY RETIREE HEALTH BENEFITS - SEPT. 2005 AUG 2005 SRVCS-RENOVATION OF COMMU P 203467 MOP 45754 STANDARD KEY CEB, CA ZONING PRACTICE 2005 UPDATE REFUND COSTS OF REPORT OVRPMNT AUTO TRACK SERVICE 203468 203469 203470 203471 DATA VOICE CITY/POLICE MDC #0045535344 203472 DATA/VOICE SERVICE #113782899 203473 STANDBY TIME - WAIT FOR CUSTOMER chk date amount 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 203460 9/6/05 203461 9/6/05 203462 9/6/05 203463 9/6/05 203464 9/6/05 203465 9/6/05 203466 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 203474 9/6/05 162.17 735.93 128.13 250.00 689.31 121.00 3,287.00 295.00 2,490.00 300.00 185.00 942.35 150.00 142.88 145.00 583.05 26,992.50 981.51 69,543.00 9.16 201.54 4.00 100.00 1,997.02 140.12 252.50 1 ea Clip Payee CONRAD AND ASSOCIATES, LLP CORPORATE EXPRESS CSK AUTO (KRAGEN) DE LA PAZ DEFRATIS DICERCHIO DIXIELINE LUMBER CO. DIXIELINE LUMBER CO. DONG DOWNSTREAM SERVICES ERGOMETRICS:91-1156198 EWERT, PHILLIP FEDEX FELLOWS FERGUSON ENTERPRISES, INC FINDASEMINAR.COM FIRE ETC GODSHALK GOLDEN RULE CREATIONS GRAINGER GUTIERREZ HAMILTON HAUG HICKOK INC. HOLIDAY INN - SOUTH BAY HOLIDAY INN EXPRESS HOLLOWAY, WILLIAM City of National City WARRANT REGISTER #1.0 9/6/05 Description chk no 2ND BILLING ANNUAL AUDIT OF CNC 6/30/05 203475 203477 MOP 45704 OFFICE SUPPLIES SUMMER FORMULA WINDSHIELD FLUID REFUND OF FEES COST OF REPORT RETIREE HEALTH BENEFITS - SEPT. 2005 RETIREE HEALTH BENEFITS - SEPT. 2005 MOP 45707 POOL REPAIR MOP 45707 TOOL SUPPLIES REIMB COMPUTER PARTS CCTV INSPECTION/CONFINED SPACE FIRE TEAM TEST RETIREE HEALTH BENEFITS - SEPT. 2005 POSTCARD NOTICES/NC MTGS REIMB FOR MISC TOOLS/SUPLS MOP 45723 COUPLINGS ADV REGISTRATION/LUZ HERNANDEZ PLAYPIPE, TRIMESE CLAPPER REIMB FOOD ITEMS/WALKABLE OLDTOWN D203493 203494 203495 203496 203497 UNIFORM PATCHES FIRE DEPT. MOP 65179 SWISS TOOL REIMB TRVL EXPS-MGMT TRAINING 8/16-17 RETIREE HEALTH BENEFITS - SEPT. 2005 chic date amount 9/6/05 5,000.00 9/6/05 3,619.87 203478 9/6/05 51.07 203479 9/6/05 6.00 203480 9/6/05 120.00 203481 9/6/05 70.00 203482 9/6/05 206.37 203483 9/6/05 84.41 203484 9/6/05 334.57 203485 9/6/05 2,500.00 203486 9/6/05 727.31 203487 9/6/05 160.00 203488 9/6/05 187.05 203489 9/6/05 53.52 203490 9/6/05 357.55 203491 9/6/05 149.00 203492 9/6/05 653.04 9/6/05 179.20 9/6/05 470.58 9/6/05 88.07 9/6/05 15.80 9/6/05 100.00 REIMB TRAVEL EXP-POLICE FLEET EXPO CO 203498 9/6/05 1,104.61 NEW GENERATION STAR TESTER 203499 9/6/05 541.48 ACCOMODATION/J PACE -CONSULTANT FINA203500 9/6/05 659.75 ADV LODGING/RANDY BISHOP RETIREE HEALTH BENEFITS SEPT 2005 203501 9/6/05 278.46 203502 9/6/05 150.00 2 City of National City WARRANT REGISTER # 10 9/6/05 Payee J & M CARPET SERVICE JAMES PUBLISHING JAS PACIFIC, INC. KIMBLE KONICA MINOLTA L.C. ACTION POLICE SUPPLY LANGUAGE FRONTIER, INC. LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEXISNEXIS MAINTEX, INC. 4LATIENZO MAYER REPROGRAPHICS MCCABE METRO JPA-C/O PADRE DAM MWD MEXICAN AMERICAN BUSINESS & MOBILE DATACOMM MUNICIPAL MAINTENANCE EQUIP MYERS TIRE SUPPLY MYERS N & U TRUCKS & AUTO RECYCLIN NATIONAL CITY TROPHY NC COMMUNITY CONCERT BAND NC COMMUNITY CONCERT BAND NEXTEL COMMUNICATIONS NEXUS IS, INC. ,TOSAL, WILLIAM A. Description CARPET PARTS FOR FIRE STATION #31 GUERRILLA DISCOVERY 2005 BOOK JIM MCCOY BLDG INSPECTOR FEES RETIREE HEALTH BENEFITS - SEPT. 2005 chk no 203503 203504 203505 203506 1 KONICA MINOLTA SCANNER/READERIPRIN203507 INV#162657 - GLOCK HANDGUNS TRANSLATION SRVCS AUG 11, 2005 HP4000/4050 203508 203509 203510 CONFERENCE REGSTRTN/ZAPATA & WURBS 203511 DEERING 05 CA RULES OF COURT SUPPLEME 203512 1NV#822358 - SPRAY N STRIP 20 OZ RETIREE HEALTH BENEFITS - SEPT. 2005 HIGH SPEED DOUBLE SIDED RETIREE HEALTH BENEFITS - SEPT. 2005 203513 203514 203515 203516 CITY DUES TO THE METRO COMMISSION/JPA203517 MABPA 2005 ANNUAL MEMBERSHIP FEE LG VX3200 PHONE TRI-MODE AIR FILTER TIRE CHANGER WITH SAFETY RETIREE HEALTH BENEFITS - SEPT. 2005 WINDSHIELD #276 203518 203519 203520 203521 203522 203523 PERFORMANCE REC. PLAQUE'S 4, NXT 12M0.203524 MUSICIAN'S DEPOSIT 09/10/05 CONCERT MUSICIANS FINAL PMT 09/10/05 CONCERT CELL PHONE SERVICE BILL 203525 203526 203527 MOVE, ADD AND CHANGE PHONE LINES ANLN 203528 RETIREE HEALTH BENEFITS - SEPT. 2005 203529 chk date 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 amount 153.00 71.66 8,528.73 300.00 13,592.61 51,338.55 800.00 145.25 550.00 16.17 294.73 100.00 407.29 280.00 12,700.00 250.00 154.39 39.01 6,201.87 140.00 279.00 969.75 1,000.00 1,000.00 59.81 96.00 921.86 3 City of National City WARRANT REGISTER #10 9/6/05 Payee OFFICE TEAM OFFICE TEAM ONE SOURCE DISTRIBUTORS OSUNA PARKHOUSE TIRE POTTER PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY RAY RELIABLE SPRING & SUSPENSION ROQUE RUIZ SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SBC/MCI SBC/MCI SD COUNTY FIRE CHIEFS ASSN SHARP REES-STEALY MED GROUP SHORT, CRAIG SMART & FINAL STORE #347 SO. CAL. VETERINARY DENTAL Description TEMP SRVCS WILLIAM, LEON W/E 08/05/05 TEMP SRVCS OLSON, JOSEPH W/E 08/12/05 MOP 67256 LIGHT CONTC REIMB REG FOR ARPOC TRAINING CONE TIRES FOR CITY FLEET FOR FISCAL YEAR RETIREE FIEALTH BENEFITS - SEPT. 2005 AIR CARTRIDGE, FIELD MDL 44200, 34200 MOP 45742 MOPS RETIREE HEALTH BENEFITS - SEPT. 2005 REAR SPRING MUSIC FOR STATE OF CITY FORUM RETIREE HEALTH BENEFITS - SEPT. 2005 ADVERTISING NC STREET RESURFACING ELECTRIC /FACILITIES ACCT 86482714057 ELECTRIC/FACILITIES ACCT 94282909927 ELECTRIC/FACILITES ACCT 68199629265 ELECTRIC/STREET ACCT 76860974845 ELECTRIC/FACILITIES ACCT 10441036857 ELECTRIC/FACILITIES ACCT 10439934345 ELECTRIC/STREET ACCT 07385071072 TELECOM ACCT#C60-449-7549-555 TELECOM ACCT 619-477-6232 9819 MEMBRSHP RENEWAL/JUNIEL & CONDON 203552 TB TESTING FOR FIREFIGHTER CESNAUSKAS203553 chk no 203530 RETIREE HEALTH BENEFITS - SEPT. 2005 MOP 45756 SUPPLIES FOR WESTSIDE PUB WK203555 K9 DENTAL CARE FOR ROBBY 203556 203531 203532 203533 203534 203535 203536 203537 203538 203539 203540 203541 203542 203543 203544 203545 203546 203547 203548 203549 203550 203551 203554 chk date 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 9/6/05 amount 1,339.80 1,519.70 573.93 1,640.00 656.47 150.00 3,178.57 304.99 190.00 456.27 50.00 310.00 330.60 11,547.70 9,719.12 5,832.54 1,357.28 682.39 406.54 130.06 6,310.15 288.32 150.00 30.00 300.00 57.24 2,876.90 4 Payee STRATACOM SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY THE STAR NEWS TRAINING INNOVATIONS,INC. TRITECH SOFTWARE SYSTEMS U.S. IIEALTHWORKS UCMC: UNIV. COMMUNITY MEDIC VALLEY INDUSTRIAL SPECIALTIES VAN'S ALIGNMENT & BRAKES, INC TERIZON WIRELESS V ULCAN MATERIALS COMPANY WATERLINE - PSOC WEST GROUP PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY ZIETLOW, DAVID CINTAS CORPORATION #694 COPY POST PRINTING CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC NATIONAL CITY PUBLIC LIBRARY NATL CITY CHAMBER OF COMMER NEW FLYER PARTS ?ETRO-DIAMOND INC. City of National City WARRANT REGISTER # 10 9/6/05 Description P.O.A. TIME SHEET WATER BILL/STREET 3 ACCTS SEWER FLUSH #920-3000 07/21/05-08/17/05 WATER/PARK ACCT#920-6000-0 ADVERTISING TRANING MANAGEMENT SYSTEM NETWK. VIDEO CARD AND MONITOR .1-WOR resracmI 203563 MEDICAL SERVICES 203564 A SEXUAL ASSAULT EXAMS AS NEEDED FOR F 203565 MOP 46453 CABLE • LABOR/WASTE DISPOSAL FEE 203566 203567 MOBILE SRVCS FOR CITY USERS#570210396 203568 ASPHALT FOR FISCAL YEAR 2006 203569 DURAFLEX ONE METER STAND— 203570 THOMSON-WEST BILLING JUL 21-AUG 20, 200203571 MOP 45763-PD-1415C RETIREE HEALTH BENEFITS - SEPT. 2005 MAINT LAUNDRY SERVICE BUS ROUTE SCHEDULES - 603 OFFICE SUPPLIES PAYROLL PPE 08/20/05 - JOSE VAZQUEZ PAYROLL PPE 08/20/05 - SHERRY LOGEL BUS PARTS AS NEEDED FOR FY06 LIBRARY DONATION PPE 08/20/05 ADVERTISING FOR NAVY LUNCHEON BRAKE ASSY DIESEL FUEL 203572 203573 203574 203575 203576 203577 203578 203579 203580 203581 203582 203583 chk no chk date amount 203557 9/6/05 685.56 203558 9/6/05 258.28 203559 9/6/05 82.06 203560 9/6/05 43.36 203561 9/6/05 240.88 203562 9/6/05 2,047.25 9/6/05 4,623.00 9/6/05 135.00 9/6/05 895.00 9/6/05 213.47 9/6/05 168.70 9/6/05 3,656.07 9/6/05 98.31 9/6/05 8,244.08 9/6/05 2,313.97 9/6/05 1,095.35 9/6/05 150.00 9/6/05 215.68 9/6/05 500.23 9/6/05 306.70 9/6/05 50.00 9/6/05 23.04 9/6/05 2,233.01 9/6/05 29.85 9/6/05 500.00 9/6/05 1,533.37 9/6/05 17,414.31 5 City of National City WARRANT REGISTERS 10 9/6/05 Payee SAN DIEGO COUNTY SHERIFF SPARKLETTS TRANSPORTATION SAFETY Description PAYROLL PPE 08/20/05 - CHRISTINA RAMOS WATER 7/26/05 - 08/22/05 TRAINING - GLENN RITARITA chk no chk date amount 203584 9/6/05 50.00 203585 9/6/05 45.64 203586 9/6/05 100.00 Total $ 327,426.30 Workers compensation checks 10432 8/31/05 386.63 10433 8/31/05 848.25 10434 8/31/05 371.82 10435 8/31/05 159.96 10436 8/31/05 400.00 10437 8/31/05 370.00 10438 8/31/05 32.30 Total $ 2,568.96 Grand Total 329,995.26 VOID CK#203476 TRANSIT WARRANTS CK#203574-203586 13 CHECKS $ 23,001.83 6 City of National City WARRANT REGISTER #10 9/6/05 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 34,7 2.77 73 109 GAS TAXES FUND .77 330.60 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 52 4 125 8,528.7.73 SEWER SERVICE FUND 15,945.02 208 SUPP.LAW ENFORCEMENT SVCS FUN 51,338.55 211 SECURITY AND ALARM REGULATIO 183.30 212 PERSONNEL COMPENSATION FUND 241 NATIONAL CITY LIBRARY STATE GR 39.9 4,568.37 8 0 ,7 242 N. CITY LIBRARY MATCHING FUND31,749.91 243 PER CAPITA GRANT PROGRAM69,543.00 255 LOCAL LAW ENF BLOCK GRANT FY 302 CDC PAYMENTS 4,623.00 598.11 303 CAPITAL FACILITIES FUND 8,244.08 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 119.52 552 407.29 TDA 626 FACILITIES MAINT FUND 29,.0 627 29,9808030 LIABILITY INS. FUND 2,568.96 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENA 1,076.56 56 630 OFFICE EQUIPMENT DEPRECIATION >,128.22. 631 TELECOMMUNICATIONS REVOLVI 12,644.36 632 GENERAL ACCOUNTING SERVICES 5,385.81 643 MOTOR VEHICLE SVC FUND 13,110.50 TOTAL 329,995.26 7 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 CLAIMS AND DEOF FUNDS FOR THE PAYMENT MANDS HAVE BEEN AUDITED AS REOF AND REQUIRED FURTHER THAT THE ABOVE REQU RED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, 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 4TH DAY OF OCTOBER 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT .vIEETING DATE October 4, 2005 ITEM TITLE AGENDA ITEM NO. 14 WARRANT REGISTER #11 PREPARED BY DEPARTMENT EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #09 per Government Section Code 37208. Finance ( Environmental Review Financial Statement Not applicable. STAFF RECOMMENDATION N/A Approved By: it/_&..L Finance Account No. I recommend ratification of these warrants for a total of $ 2,533,925.79 BOARD / COMMISSION RE MMENDATI • N ATTACHMENTS ( Listed Below ) 1. Warrant Register #11 2. Workers Comp Warrant Register dated 09/07/05 3. Payroll Register dated 9/07/05 A 200 Resolution No. Payee MICHAEL'S #9550 CEN.TRO CULTURAL DE LA RAZA AAA RADIATOR WAREHOUSE ALL TRANSMISSION PROD.,CO. ALLSTATE POLICE EQUIPMENT AMERICAN FORENSIC NURSES City of National City WARRANT REGISTER # 11 9/13/05 Description #718386882423, 11" x 14" FRAME. FIESTA S.D. TICKETS AUTOMOTIVE PARTS (RADIATORS, HEATER CONVERTOR, REBUILT 15' STINGER SPIKE SYSTEM, MODEL #2015 SUSPECT BLOOD WITHDRAWALS, URINE TESTS, AMERICAN ROTARY BROOM CO., INC MOP 62683 SWEEPER PARTS BANK OF AMERICA BOA CHRGS-TRAVEL & TRAINING BLACKIE'S TROPHIES AND AWARDS 4 NAME TAGS FIRE/LTD SEPT 2005 CA JUVENILE FIRESETTER COALITN ADV REGISTRATION-ROBERT HERNANDEZ CALBO CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALIFORNIA POLICE EQUIPMENT CARQUEST AUTO PARTS CINGULAR WIRELESS CLASSIC PARTY RENTALS CLEAN HARBORS COLLEGIATE PACIFIC COLLINS STRATEGIC GROUP, INC. COMFORT INN CALBO TRAINING/LATTIRE/ZAMORANO/CANTER MOP 45698 SPECIAL LENS PD/LTD SEPT 2005 MOP 50746 POLICE EQUIPMENT SUPPLIES MOP 47557 SEALED BEAM WIRELESS DATA/VOICE SRVC #043-741264 GOVERNMENTAL PURPOSES HAZARDOUS WASTE PICK UP FOR FISCAL YEAR TENNIS NET EDWARDS CLASSIC CPRC CONSULTANT ADV HOTEL RSRVTN-ROBERT HERNANDEZ CONSTRUCTION ELECTRONICS INC. MA1N'f OF KEY CARD SYSTEM- SEP 2005 COPY WORLD CORPORATE EXPRESS FIREFIGHTER CAREER & INFO. DAY FLYERS MOP 45704 SUPPLIES chk no chk date amount 200153 9/13/05 769.87 203587 9/8/05 100.00 203588 9/13/05 121.38 203589 9/13/05 170.76 203590 9/13/05 2,726.94 203591 9/13/05 1,615.00 203592 9/13/05 325.13 203593 9/13/05 1,189.60 203594 9/13/05 43.10 203595 9/13/05 640.00 203596 9/13/05 50.00 203597 9/13/05 1,220.00 203598 9/13/05 238.88 203599 9/13/05 1,696.50 203600 9/13/05 232.65 203601 9/13/05 5.37 203602 9/13/05 26.38 203603 9/13/05 680.81 203604 9/13/05 760.00 203605 9/13/05 545.10 203606 9/13/05 4,562.50 203607 9/13/05 281.55 203608 9/13/05 843.55 203609 9/13/05 1,298.39 203610 9/13/05 1,717.07 1 CROWNE PLAZA ADV LODGING/CHRIS SULLIVAN 203611 9/13/05 697.25 CROWNE PLAZA ADV LODGING/CHRIS SULLIVAN 203612 9/13/05 697.25 CYBRARYN SOLUTIONS SERVER, DELL DIMENSION 203613 9/13/05 9,459.95 D.E. WILLIAMS SHIELDS 2 INCH BLUE REFLECTIVE LETTER: "N". 203614 9/13/05 312.10 DAPPER TIRE COMPANY TIRES 203615 9/13/05 1,588.94 DAY WIRELESS SYSTEMS SERVICE REPORT/JOB TICKET 171548 203616 9/13/05 332.88 DELTA DENTAL DENTAL INS SEPT 2005 203617 9/13/05 15,009.12 DELTACARE (PMI) DENTAL INS PMI-SEPT 2005 203618 9/13/05 3,572.33 DIXIELINE LUMBER CO. MOP 45707 PLUMBING STOCK 203619 9/13/05 3,129.52 DOKKEN ENGINEERING JULY 2005 SRVCS-1MPRVMNTS PLAZA BLVD 203620 9/13/05 8,413.00 DOUGLAS E. BARNHART, INC JULY 2005 SRVCS-CONSTRCTN MGMT LIBRARY 203621 9/13/05 13,697.00 DREW FORD MOP 49078 HANDLE 203622 9/13/05 15.00 DSL EXTREME WAYNE SUITER (COMMU COMPUTER,PROJ) 203623 9/13/05 26.16 DURRA INK PRINTING JOBS 203624 9/13/05 1,959.07 EISER III LCC'S ANNUAL CONE REG FEE/G EISER 203625 9/13/05 275.00 ENTERPRISE GROUP COPY PAPER 203626 9/13/05 1,531.13 ENVIRONMENTAL HAZARDS SERVICE; INV#08-05-1084 -LEAD WIPE SAMPLES ANALYZ 203627 9/13/05 120.00 ENVIRONMENTAL HAZARDS SERVICE: INV#2572/2959 -LEAD SOL SAMPLES ANALYZED 203628 9/13/05 114.00 ESPITIA RPLC PAYROLL DIRECT DEPOSIT RET BY BOFA 203629 9/13/05 238.51 EXPRESSTEL LONG DISTANCE SRVCS #24303871 203630 9/13/05 322.36 FEDEX FEDEX CHRGS-DUST WIPE SAMPLES SENT 203631 9/13/05 34.59 FLEET SERVICES, INC MOP 68704 DISC PADS 203632 9/13/05 131.00 FORTIS BENEFITS VTL SEPTEMBER 2005 203633 9/13/05 2,367.82 FORTIS BENEFITS INSURANCE CO MGMT/LTD SEP 2005 203634 9/13/05 3,203.28 FORTIS BENEFITS INSURANCE CO LIFE INS SEPT 2005 203635 9/13/05 1,927.44 FORTIS BENEFITS INSURANCE CO STD/LTD SEPT 2005 203636 9/13/05 7,705.65 GELSKEY ADV MEALS/GELSKEY-SEXUAL ASSAULT CRSE 203637 9/13/05 209.00 HARWARD ADV MEALS/HARWARD-HOMICIDE CORE CRSE 203638 9/13/05 475.00 HAWTHORN SUITES HOTEL ADV LODGING/DAN HARWARD 203639 9/13/05 1,026.00 HAWTHORN SUITES HOTEL ADV LODGING/KEN GELSKEY 203640 9/13/05 427.50 HEALTH NET HEALTH INS SEPT 2005 57135A 203641 9/13/05 63,656.00 2 HEALTH NET HEALTH NET HEALTH NET EALTH NET HEALTH NET HIGHLAND PRODUCTS GROUP HIRSCHON HMS CONSTRUCTION HONEYWELL INC. INRANGE IRON MOUNTAIN RECORDS MGMT JAYNES CORPORATION OF AMERICA KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KEM KITAGAWA OFFICE LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LOPEZ MAINTEX, INC. MAN K-9 INC. MASONS SAW & LAWNMOWER SRVC MAYER REPROGRAPHICS MINUTEMAN PRESS MORE DIRECT MORRISON MUNICIPAL AUDITING SERVICES N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY TROPHY OFFICE PAVILION HEALTH -ELECT INS SEPT 2005 85027A HEALTH NET-57135F SEPT 2005 HEALTH RET INS/85027B SEPT 2005 HEALTH -ELECT INS ADJS-PER AUDIT HEALTH NET INS ADJS-57135F NOV 2004 13'L STANCHIONS, BELT SATIN CHROME FIN REIM SSL CERT FOR CITRIX METALFRAME JULY 2005 SRVCS-TRAFFIC SIGNAL IMPROVMNT CONTRACT MAINT SRVCS OCT 1-DEC 31,2005 PELTOR CLASSIC, POLY, 200 BAG EAR IRON MTN STORAGE FEES JULY 2005 SRVCS-CONSTRCTN NC LIBRARY KAISER INS ACTIVE SEPT 2005 KAISER RET INS SEPT 2005 LIGHT TUBES, DISPOSAL READING TEST FOR FIREFIGHTER TEST MISCELLANEOUS PRINTER REPAIRS AND ANNUAL CONE REG FEE/FRANK PARRA CONFERENCE REG/ROSALIE ZARATE TRANSLATION SERVICES 09/06/05 JANITORIAL SUPPLIES WEEKLY MAINTENANCE TRAINING, $50.00 PER MOP 45729 CHAIN LOOP HIGH SPEED DOUBLE SIDED COPIES FOR SPEC MOP 47939-EMPLOYEE PERFORMANCE EVAL FOI #PA1555-655, LIND AUTO ADAPTER FOR TB73 REIMB LEAGUE OF CA CITIES TRVL EXPS MAS-BUSINESS DISCOVERY CITY ENHANCEMENT FUND, SEPT. 2005 MOP 45735 PARTS MGMT NEGOTIATING TEAM 2005 RECOGNITIONS OFFICE FURNITURES NEW LIBRARY 203642 9/13/05 4,245.63 203643 9/13/05 3,243.65 203644 9/13/05 979.13 203645 9/13/(15 898.89 203646 9/13/05 286.44 203647 9/13/(15 1,878.18 203648 9/13/05 74.00 203649 9/13/05 12,983.54 203650 9/13/05 18,036.75 203651 9/13/05 613.52 203652 9/13/05 100.00 203653 9/13/05 728,528.00 203654 9/13/05 98,081.71 203655 9/13/05 1,363.80 203656 9/13/05 697.75 203657 9/13/05 76.33 203658 9/13/05 1,026.25 203659 9/13/05 275.00 203660 9/13/05 275.00 203661 9/13/05 100.00 203662 9/13/05 1,730.06 203663 9/13/05 800.00 203664 9/13/05 284.40 203665 9/13/05 173.31 203666 9/13/05 389.70 203667 9/13/05 523.67 203668 9/13/05 164.15 203669 9/13/05 1,724.00 203670 9/13/05 4,995.83 203671 9/13/05 358.76 203672 9/13/05 275.84 203673 9/13/05 423,892.22 ONTARIO AIRPORT MARRIOTT ORIENTAL TRADING, CO., INC. OUCHI'S POWER EQUIPMENT PARTS PLUS AUTOSTORE #713 PAUU PERISCOPE HOLDINGS, INC. PERRY FORD ADV LODGING/ZAMORANO, CANTERO, LATTIRE MISC SUPPLIES, IE BANNER, PINATAS, MOP 45740 STARTER ASY MOP 64946 CLEANER RETIREE HEALTH BENEFITS-SEPT 2005 NIGP COMMODITY CODES & SUBSCRIPTION MOP 45703 ALIGNMENT PROCHEM SPECIALTY PRODUCTS INC KT 4000 AQUEOUS PARTS WASHER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RACO INDUSTRIES ROBINSON MOP 45742 LAUNDRY TOWELS, LAUNDRY RACK SERVICE PERIOD 08-05-05 METROLOGIC VOYAGER HANDHELD SCANNER EDUCATIONAL REIMBURSEMENT RON BAKER CHEVROLET-GEO-ISUZU MOP 45751 MIRROR SAN DIEGO GAS & ELECTRIC SAN DIEGO POLICE EQUIPMENT SHOEMAKER SMART & FINAL STORE #347 SPARKLETTS STAR TECH COMPUTERS STRATACOM SULLIVAN SUN TRUST THE HOME DEPOT THE STAR NEWS THE STAR NEWS THE STAR NEWS U.S. HEALTHWORKS ELECTRIC BILL/STREETS ACCT#87271426986 FEDERAL 12 GA. #8 BIRDSHOT, PRODUCT EDUCATIONAL REIMBURSEMENT MOP 45756 SUPPLIES WATER FOR MAYOR, CITY COUNCIL OFFICE MOP 61744 ASUS PFC800-E DELUXE S478 PARKING VIOLATION NOTICE ADV MEALS/SULLIVAN-DARE OFFCR CRSE NEW FIRE TRUCK LEASE PMT#19 ADVANCES -METAL SHED FOR KIMBALL TOWER AD#03508178-001/03508179-001/03508186-00 LEGAL ADVERTISING AD#03508396-00I MEDICAL SERVICES UCMC: UNIV. COMMUNITY MEDICAL SART EXAM VICTIM UNION TRIBUNE PUBLISHING CO VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS NEWSPAPER ADS -CONCERT MOP 46453 RESTROOM RETROFIT MOBILE SRVCS- ACCT#970467631-00001 203674 9/13/05 1,275.10 203675 9/13/05 169.13 203676 9/13/05 59.98 203677 9/13/05 13.51 203678 9/13/05 340.00 203679 9/13/05 379.90 203680 9/13/05 59.95 203681 9/13/05 3,014.42 203682 9/13/05 207.12 203683 9/13/05 60,749.25 203684 9/13/05 2,423.00 203685 9/13/05 303.25 203686 9/13/05 161.91 203687 9/13/05 36.36 203688 9/13/05 2,489.88 203689 9/13/05 200.32 203690 9/13/05 1,060.20 203691 9/13/05 27.64 203692 9/13/05 865.01 203693 9/13/05 1,898.06 203694 9/13/05 418.00 203695 9/13/05 5,009.63 203696 9/13/05 306.01 203697 9/13/05 1,032.69 203698 9/13/05 256.26 203699 9/13/05 358.75 203700 9/13/05 215.00 203701 9/13/05 525.00 203702 9/13/05 1,392.00 203703 9/13/05 1,188.42 203704 9/13/05 51.85 4 WEST COAST LIBERTY SAFE SECURITY FLOOR SAFE 203705 9/13/05 2,767.02 XEROX CORPORATION COPIER FOR LIBRARY ADMIN. XEROX 203706 9/13/05 65,937.61 AMERICAN FIRE EQUIPMENT FIRE EXTINGUISHERS CIIECK 203707 9/13/05 410.78 RCO GASPRO PLUS FUEL FOR STAFF VEHICLES 203708 9/13/05 660.00 AT SYSTEMS WEST INC MONEY TRUCK - SEPT. '05 203709 9/13/05 374.45 BAYSHORE TRANSIT MGMT INC PAYROLL CK DTD 09/09/05 203710 9/13/05 45,829.04 BEJAR GATE CO. FRONT GATE REPAIRS 203711 9/13/05 275.08 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 203712 9/13/05 215.68 COPY POST PRINTING BUS SCHEDULES - ROUTE 601, 602 203713 9/13/05 1,448.96 DELL INSPIRON 9300 DESKTOP, PM740, 1.73 203714 9/13/05 2,079.79 DIXIELINE LUMBER CO SHOP SUPPLIES 203715 9/13/05 67.78 FIRST ADVANTAGE CORPORATION RANDOMS 203716 9/13/05 110.00 LASER SAVER INC BLACK INKJET 203717 9/13/05 80.65 PRINCIPAL FINANCIAL GROUP 401K PPE 09/03/05 203718 9/13/05 2,411.88 PROGRESSIVE BUSINESS PUBLIC SAFETY TRAINING TOOLKIT 203719 9/13/05 495.00 PRUDENTIAL INSURANCE LIFE INSURANCE - SEPT. '05 203720 9/13/05 252.85 R P M WELDING REPAIRS TO VAN SEAT 203721 9/13/05 60.39 RELIABLE SPRING & SUSPENSION BALANCED FRONT TIRES FOR BUS 6011 203722 9/13/05 265.69 SAN DIEGO GAS & ELECTRIC ELECTRIC 08/01/05 - 08/30/05 203723 9/13/05 1,851.94 SBC PHONE SERICE 08/05/05 - 09/05/05 203724 9/13/05 297.09 SPANKY'S, INC. PORT-A-POTTIE SERVICING 203725 9/13/05 401.30 THE LIGHTHOUSE - HEADLAMP 203726 9/13/05 48.49 ZIONS BANK 1ST LEASE PMT FOR 800 MHZ EQUIPTS 203727 9/13/05 48,678.25 Total 1,735,117.21 Workers compensation checks 10439 9/7/05 9.25 10440 9/7/05 47.60 10441 9/7/05 95.10 10442 9/7/05 47.74 10443 9/7/05 15.20 10444 9/7/05 47.60 5 10445 9/7/05 1,962.23 10446 9/7/05 392.45 10447 9/7/05 73.98 10448 9/7/05 83.94 10449 9/7/05 23.50 10450 9/7/05 39.58 10451 9/7/05 40.34 10452 9/7/05 13.25 10453 9/7/05 540.00 10454 9/7/05 169.74 10455 9/7/05 210.44 10456 9/7/05 88.00 10457 9/7/05 132.00 10458 9/7/05 88.00 10459 9/7/05 88.00 10460 9/7/05 44.00 10461 9/7/05 110.00 10462 9/7/05 110.00 10463 9/7/05 88.00 10464 9/7/05 44.00 10466 9/7/05 44.00 10467 9/7/05 88.00 10468 9/7/05 44.00 10469 9/7/05 88.00 10470 9/7/05 22.00 10471 9/7/05 88.00 10472 9/7/05 88.00 10473 9/7/05 22.00 10474 9/7/05 22.00 10475 9/7/05 110.00 10476 9/7/05 69.46 6 10477 9/7/05 26.66 10478 9/7/05 11.69 10479 9/7/05 122.19 10480 9/7/05 11.69 10481 9/7/05 83.94 10482 9/7/05 83.94 10483 9/7/05 85.58 10484 9/7/05 83.94 10485 9/7/05 47.60 10486 9/7/05 312.62 10487 9/7/05 83.94 10488 9/7/05 83.94 10489 9/7/05 83.94 10490 9/7/05 47.60 10491 9/7/05 392.10 10492 9/7/05 241.51 10493 9/7/05 366.98 10494 9/7/05 72.25 10495 9/7/05 78:40 10496 9/7/05 78.40 10497 9/7/05 77.4] 10498 9/7/05 78.40 10499 9/7/05 78.40 10500 9/7/05 2,888.28 10501 9/7/05 1,175.00 10502 9/7/05 575.00 10503 9/7/05 400.00 10504 9/7/05 275.00 10505 9/7/05 2,287.50 10506 9/7/05 400.00 10507 9/7/05 1,192.40 10508 9/7/05 370.00 7 PAYROLL Total Total 10509 9/7/05 320.00 10510 9/7/05 761.05 18,566.75 1,753,683.96 Pay period Start Da End Date Check D: Total 780,241.83 261 8/16/05 8/29/05 9/7/05 GRAND TOTAL 2,533,925.79 VOID CK#10465 TRANSIT WARRANTS CK#203707-203726 20 CHECKS,. $ 57,636.84 PAID: OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION. CK#200153 1 CHECKS $ 769.87 Wire Transfer NCJPFA Lease Revenue Refunding Bonds Series 1998 (Police Facility Proj) September 12,2005 $ 387,550.11 8 City of National City Warrant Register # 11 9/13/05 001 GENERAL FUND 874,132.27 104 LIBRARY FUND 33,738.18 105 DARKS MAINTENANCE FUND 18,798.60 109 GAS TAXES FUND 17,106.86 111 P.O.S.T. FUND 1,928.50 125 SEWER SERVICE FUND 38,529.07 154 STATE PUBLIC LIBRARY FUND 1,278.82 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,464.12 172 TRASH RATE STABILIZATION FUND 2,445.06 188 GRANT - HIDTA 1,649.96 191 STOP PROJECT 3,451.61 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 2,726.94 2'11 SECURITY AND ALARM REGULATION FUND 2,043.30 212 PERSONNEL COMPENSATION FUND 1,301.27 222 VVOW MOBILE GRANT FY 2000-2001 2,342.14 230 ABANDONED VEHICLE ABATEMENT GRANT 4,301.08 241 NATIONAL CITY LIBRARY STATE GRANT 808,496.24 242 N. CITY LIBRARY MATCHING FUND 435,344.13 246 WINGS GRANT 20,682.14 250 NEW FIRE STATION CONSTRUCTION 769.87 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 8,292.44 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,809.63 274 LITERACY INITIATIVE XIII 859.92 276 LITERACY SERVICES YEAR 2 930.74 280 AMERICORPS/CNCS YEAR 2 GRANT 3,173.69 282 REIMBURSABLE GRANTS CITYWIDE 523.67 301 GRANT-C.D.B.G. 12,176.42 302 CDC PAYMENTS 34,939.06 304 PARK DEVELOPMENT FUND 471.24 307 PROPOSITION A" FUND 14,262.08 552 TDA _ 57,636.84 626 FACILITIES MAINT FUND 40,568.04 627 LIABILITY INS. FUND 22,130.10 628 GENERAL SERVICES FUND 9,759.45 629 INFORMATION SYSTEMS MAINTENANC 6,744.05 630 OFFICE EQUIPMENT DEPRECIATION 4,119.10 631 TELECOMMUNICATIONS REVOLVING 3,083.79 632 GENERAL ACCOUNTING SERVICES 14,215.55 643 MOTOR VEHICLE SVC FUND 17,047.16 724 COBRA/RETIREE INSURANCE 6,652.66 Total 2,533,925.79 9 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER 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 4TH DAY OF OCTOBER 2005. AYES NAYS ABSENT MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 AGENDA ITEM NO. 15 'ITEM TITLE TEMPORARY USE PERMIT — Temporary Trailers for Chula Lumber at 901 W. 23rd St.\ September 1, 2005 to September 1, 2007 PREPARED BY Joe Olson, 336-42 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from Chula Lumber to place temporary trailers at 901 W. 23rd St. effective immediately. Chula Lumber expects to use the trailers for 2 years. The temporary office trailers will be retail centers for Chula Lumber's plywood center. L 9 ( Environmental Review X N/A Financial Statement MIS Approval Approved By: The City has incurred $345.00 for processing the TUP through Finance Director various City departments. Account No. STAFF RECOMMENDATION Approve the ppp A licatiorffor a Ty Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Chula Lumber Corp EVENT: Temporary Office Trailers DATE OF EVENT: Immediately TIME OF EVENT: N/A APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS/ PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS COMMUNITY SERVICE YES x NO [ x ] POLICE [ ] [ ] SEE CONDITIONS [ ) ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES YES [ ] NO [ ] SEE CONDITIONS [ x [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1. Fire access to be maintained at all times, as defined in Fire Code. 2. Access to be maintained at all times to Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. One 2A:10BC fire extinguisher required to be installed in trailer and maintained. Fire extinguisher to be clearly identified. POLICE (619) 336-4400 If trailers are alarmed, alarm permits must be obtained. ENGINEERING (619) 336-4380 1. No sewer connection to the trailers. No CIP projects anticipated as of this date. However, if moving/relocating of trailers are necessary, please confirm with Engineering 3 weeks prior to event to check, modify, and confirm schedule, if necessary. For more information please contact Kenneth Fernandez at 619-336-4388. FINANCE (619) 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 are 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 Fair Demonstration Grand Opening _ Festival _ Circus Other Event Title: f Event Location:d / / J S i o2 3 1e4 Event Date(s): From %' 1,/o Total Anticipated Attendance: ( Participants) ( Spectators) Month/Day/Year Actual Event Hours: .'L-1 Sr°" am/® to _ Community Event _ Block Party Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): Some - Address: Daytime Phone: (7) 5/77_3f, j Evening Phone: (67 A 6r, Fax: (0) '/%%'��_ Contact Person "on site" day of the event: Pager/Cellular:�� NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY' OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES X NO YES X NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Estimated Expenses for 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. A-7/2->"1 f/ o. .'(6 //24'Zart /�� �i/vd � -i ooic � "eQCA77O. J . 4 or)Ot �l'C1 4.. JOi G' 4 .40iC 's4 r X r /)/Ii✓l /v47>f i ¢! 04+ /16? RyW I r) �/LS� .A /rCA /&4i oz c 1 4 0 t /di u+0J 1 kip /, 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 Iv Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. 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 during the event) applicant can show that there are facilities in the immediate area available to the public 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: - YES X'NO Does the event Involve the sale or use of alcoholic beverages? - YES \[ NO Will items or services be sold at the event? If yes, please describe: YES\NO kYES NO YESLO ___ YES bO 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 hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES 'NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKIN 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 XNO 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: — YES ) 10 Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES' NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: _ —__ am/'pm Finish Time amlpm Please describe the sound equipment that will be used for your event: YESKNO 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 Person in Charge of Activity Address 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 ii T's. C .. ala2-se . 4 a in SQL/ Telephone �/� — �7 -3j Date(s) of Use p 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 Official Ti Yirof.nc.-1; dl Date For Office Use Only Certificate of Insurance Approved Date 7 RE IiESVfOR WAIVER L}F, FED Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) , )(, No (Please sign the form and;submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) • 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 clty 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) 9 (-Y9 5,)17411/ c/ko./0•41•171 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 16 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Common Man Wealth Industries/Kids Say Nope To Dope -- Nope to Dope Park Rally Saturday, October 15, 2005, 11 a.m. to 4 p.m. at Las Palmas Park PREPARED BY Joe Olson, 336-4 DEPARTMENT Building & Safety EXT. EXPLANATION This TUP was approved on July 19, 2005, however the applicant has requested to change the date of the event. This is a request from Kids Say Nope To Dope to conduct the Nope To Dope Park Rally event at Las Palmas Park from 11 a.m. to 4 p.m. on Saturday, October 15, 2005. The event will include music, an Astrojump, games, arts and crafts as well as a drug prevention message. Prizes will also be provided. Hot dogs and hamburgers will be prepared on gas and charcoal grills. A portable C.D. player and a worship team will provide entertainment. J ( Environmental Review X N/A MIS Approval Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the new date for t event. 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 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Kids Say Nope To Dope EVENT: Kids Say Nope To Dope Park Rally DATE OF EVENT: Saturday, October 15, 2005 TIME OF EVENT: 1:00 p.m. to 4:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1. Fire access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department connections and appliances (fire hydrants, sprinkler system connections, etc.) within the area of the event. 3. Provide metal container with lid for disposal of hot coals. Container to be labeled "HOT COALS ONLY." 4. Provide at minimum 2-A:10-B:C fire extinguisher. POLICE No Police involvement requested or required. Planned activity, sponsor and group size mitigate any security concerns or need for police presence beyond normal beat patrols. RISK MANAGER 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City Of National City and it's officials, employees, agents and volunteers be named as additional insured on above policy. 3. Standard hold harmless signed. (Done) ENGINEERING Placement of all signs and banners shall not encroach into street right-of-way. All signs and banners shall be placed as follows: 1. Along Euclid Ave 15' (fifteen feet) from the curb face. 2. Along "U" Ave and 1st St. 10' (ten feet) from the curb face. FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is 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 for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) PUBLIC WORKS/PARKS Parks Division: 1. A permit is required for Astrojump and can be obtained through the Community Services department. 2. Extra trash cans will be provided. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. (THE SAN DIEGO COUNTY ENVIRONMENTAL IIEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) tr3O Listany 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: Chief Officer of Organization (Name) Applicant (Name): L Address: Daytime Phone: (/ Type of Event: - Public Concert - Parade _ Motion Picture Event Title: Event Location: L Event Date(s): From Total Anticipated Attendance: rne Ocil S (5 ( Participants) Actual Event Hours: L am/pm to dam (____Spectators) Setup/assembly/construction Date: '/ G}' Starttime: Please describe the scope of your setup/assembly work (specific details): ,p, A _ Fair Demonstration Grand Opening T Festival Circus /z'Other_ Community Event Block Party C�i►� Dismantle Date: ►L completion Time: kick vening Phone; () /-t n / Fax;( ) Contact Person "on site" day of the event: Pager/Cellula(Q/' _ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 . • • •' i Is your organization a "Tax Exempt, nonprofit' organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): • $OYES _ NO _ YES � NO $_,_,__Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 7. Estimated Expenses for this event $ lQ. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION ofyour .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. ) J(A_./u-k_p 3 05„--,--\ -e—C 5 r (rr 4s c dr 'eUe�t�iorJ c „).,0\ Qs 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: Y • _. YES L NO Does the event involve the sale or use of alcoholic beverages? YES 7ZNO Will Items or services be sold at the event? If yes, please describe: YES jO 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 1 showing all streets impacted by the event. JYES _ NO Does the event involve the use of tents or canopies? YES: Number of tent/canopies --2_.___ Sizes NOTE: A separate Fire Department permit is u : , to : or canopies. ,_ YES/NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: D Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas // LL Please describe how food will be served at the event ('TC>7' .p� If you intend to cook food in the event area please specify the method: . GAS ELECTRIC CHARCOAL, OTHER (Specify): D 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 D Fencing, barriers and/or barricades D Generator locations and/or source of electricity D Canopies or tent locations (include tent/canopy dimensions) D Booths, exhibits, displays or enclosures D Scaffolding, bleachers, platforms, stages, grandstands or related structures D Vehicles and/or trailers > Other related event components not covered above D 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.) G_ Number of trash cans ___ Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after r the event: Its 3 Please describe your procedures for both Crowd Control and Internal Security: 00.SPOl pe %ADS A,tis P X, e•-• c„ >,ll St3J �-�- e v-00.104A SeC L -'f' }c Co") (py) s YES JNO 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: Pleas indicate what arrangement ou have made for providing First Aid Staffing and Eq ipment. 1-i,.Q- At 1� c �� c t.);1� ..12— Peet ut 44-c k: -k PI a e describe your A cessibiJty Plan for acc ss at you/ event b Individuals it disabilities: Plefase provide a detailed description of your PA KING plan: Please describe you plan for DISABLED PARKING: Imo` (A-5 -�- 5 pc 125 Pcky • • • Please describe your plans to notify all residents, businesses and churches impacted by the event: -T 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 please state the number of stages, number of bands and type event? ofmu i YES, typesicll. Number of Stages: _ _ Number of Band / 'e Sj T � Type of Music: 7 YES NO Will sound amplification be used? If YES, please indicate: Start time: / r /pm Finish r Time _ _CIO ^_am/ ,_ 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: Yspecial lighting? If YES, NO Any signs, banners, decorations, si (( 9 please describe: o/0 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 PUBLI ENT P HOLD L SS AND INDEMNIFICATION AGREE 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 Telephon��i9�Oates) of Use r t HOLD HARM L ESS 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 inudeath or pper damage, or both, or any litigation and other liability, including attomeysf es 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 For • ice Use 0n Y Certificate of Insurance Approved Date 7 • R a UESV€OR A` . VVAIYER 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?. /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 orgabization C M-d tit ,C). . ,. Type of Organization PcxYc4..- f.l�u�c�-► (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) a • 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. WIII 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) 9 MEETING DATE L City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Fiesta Filipino — Mexican Karaoke Competition at 1420\ E. Plaza Blvd. on October 29, 2005 from 10 a.m. to 10 p.m. 17 PREPARED BY Joe Olson, 336-4216- r DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from Seafood City to conduct the 13th Annual Fiesta Filipino — Mexican Karaoke Competition at their store on 1420 E. Plaza Blvd. on Saturday, October 29, 2005 from 10 a.m. to 10 p.m. This event will be dismantled by 11:00 p.m. that evening. This event will include a karaoke competition for children under age 5, adults age 18 and above, and for adults over 50 years old. There will also be exhibitors providing free informational materials, as well. There will also be a D.J. present. Environmental Review X N/A MIS Approval Financial Statement The City has incurred $345.00 for processing the TUP through d By: various City departments. STAFF RECOMMENDATION Finance Director Account No. Approve the Application f r a Temporary Use Permit subject to compliance with all conditions of approval. BOARD /COMMISSION RECOMMENDATION N/A TT AACHMg TS ( Listed Below ) Application for a Temporary Use Permit with recommended approvalsuand �conditions esolof approval. A-200 (Rev. 7/03) 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: 1 Number of Bands: ni%t Type of Music: Orr I YES AO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm ✓YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: / b am pm Finish Time / c am/ rtl Please describe the sound equipment that will be used for your event: YES Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: .41)e.c4.R, -ft cr-1-...e-t4 c f €4L Revised 10/3/01 R UESVF'OR A WAIVE ROff F EES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and,submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring orgaiSization Type of Organization (Service Club, Church, Social Service Agency, etc.) 4 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explai ation and details. No (Please proceed to Question 5) Please describe your plans to notify all residents, businesses and churches impacted by the event: ll 0 w1.1 ftfr cecc:rfr% 6-L(A 41 a rU��aw�.CPi►� ¢�-f 2ci1% 4L 4-4--r et 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: 1 Number of Bands: "Al^ Type of Music: t rdr i L _ YES AO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 16 pm Finish Time / am! n Please describe the sound equipment that will be used for your event: P cam, _ YES ENO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: --GIl Q7-t, q )1 • ct d . Revised 10/3/01 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 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: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 LL 1 1 ' CI V i E - --1 .= .1= = 1:=1 7:4. / -7 -i = 77. \ -1 1 -) "r0•01-) Te_E. E _ FROM : PHIL MABUHAY NEWS PHONE NO. : 619 470 6373 Sep. 09 2005 02:55PM P1 YNFYn..nnn�� City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 / ITEM TITLE 18 AGENDA ITEM NO. TEMPORARY USE PERMIT — Comerstone Church's Harvest 2005 at 1920 Sweetwater on October 30, 2005 from 5 p.m. to 9 p.m. Joe Olson, 3 PREPARED BY DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from Cornerstone Church of San Diego to conduct Harvest 2005 at 1920 Sweetwater Road on Sunday, October 30, 2005 from 5 p.m. to 9 p.m. This event will be dismantled by 11:00 p.m. that evening. The purpose of the event is to offer the church and community a safe and fun atmosphere as an alternative on Halloween. Children's games and rides will be included. Alcohol will not be sold and security will provide crowd control. The church requests the use of the City's P.A. system and stage. Per City policy the stage is not provided for events on private property. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. i CEnvironmental Review N/A MIS Approval Financial Statement Approved By: The City has incurred $345.00 for processing the TUPtnii iugn various City departments. >STAFF RECOMMENDATION Finance Director Account No. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees and deny the use of the City stage and P.A. system. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No.. . Application tor a 1 emporary Use Permit with recommended approvals an conditions of approval. A-200 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Harvest 2005 DATE OF EVENT: Sunday, October 30, 2005 TIME OF EVENT: 5 p.m. to 9 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/ PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1 Fire access to be maintained at all times, as defined in Fire Code. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc). 3. 2A:10BC fire extinguishers required to be so located as not to have a travel distance greater than 75 feet. 4. Tents having an area in excess of 200 square feet and/or canopies in excess of 400 square feet or multiple tents and/or canopies placed together equaling or greater than the above states areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. RISK MANAGER (619) 336-4240 If the City Stage & P.A. System is loaned: 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City. FINANCE (619) 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 are 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.) ENGINEERING (619) 336-4380 1. Please indicate on a map the locations of all street banners, trailer lights, signs, stage lights, etc along any city street or sidewalk. 2. CIP projects in the event's vicinity are anticipated, i.e. Sweetwater Rd. between N. 2"d Ave and City limit west of Prospect St. Please confirm with Engineering 3 weeks prior to event to check, modify, and confirm schedule, if necessary. For more information please contact Kenneth Fernandez at 619-336-4388. Event Title: /1tg72 vt5 T 7-0 0 Event Location: / 9 2v 560a-A*044- t 2.D . Event Date(s): Fromj /396�oyiliairf-Total Anticipated Attendance: nth/DayN Actual Event Hours: C am/ to 9 am/�i Setup/assembly/construction Date: /d O Start time: /.:4 p,0-4' Please describe the scope of your setup/assembly work (specific details): /e X fa rerun/ 774/41/C1c trs / 7rer—eAt ,! tr Dismantle Date: /s/70f Completion Time: //: �+% am/ ht 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. Type of Event: _ Public Concert Fair _ Festival _ Parade _ Demonstration Circus Motion Picture _ Grand Opening _ Other /Community Event _ Block Party li Sponsoring Organization: CwAt/3 lorkf ettetwel �F N Chief Officer of Organization (Name) ?AV —�°f for Profit Applicant (Name): ,r�w3 Vi�, jat �e2_ /"`� Address: /9'. e.) f.► x ek . Daytime Phone: lit .799Q Evening Phone: 0) 72 .99 9q Fax: _ $2 7 f Contact Person "on site" day of the event: "Dr Lam,- r Pager/Cellular:(G'/`j) 7? C `�'95 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR` THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS /S� g c� . 'G > - c,��J` Participants) J�q Spectators) to riw d For Profit r't Is your organization a "Tax Exempt, nonprofit" organization? _ ES Are admission; entry, vendor or participant fees required? _ YES v NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. g 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 inform,at the event./ /(4/ a.\ j4 /tee% G�,zL (.1, 5•?-ems ofv—1 Aft-r i 4) 7 77A-t- • Ire s " h AWN �►' cam. 7.� ,4 er ) 10e rP2ur-c f Te-e ( ale 9P 1 c--47 al(fy -F 4 _ 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: YES Does the event involve the sale or use of alcoholic beverages? / `�, YES NO MI1 items or services be sold at the event? If yes, please describe: _ YES NO YES _ NO ✓YES NO YES I0 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 /D Sizes 'd X JI ,t.f NOTE: A separate Fire Department permit is required for tents or canopies. VAII 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: f� e` ;44 1 r- If you intend to cook food in the event area please specify the method: GAS _ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toill,t Facilities Number of portable toilets: �j (1 for every 250 people is required, unless the applicant can show that there a e 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: gl Trash containers with lids: g." Describe your plan for clean-up and removal of waste and garbage during and after the event: �o �cM-ifcc� S� 3 Please describe your procedures for both Crowd Control and Internal Security: G,.Ze c. 6.7 eat r, A/ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: a ( Security Organization Address: Security Director (Name): Phone: • YES ^ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please it igat��t�ngement you ha e made for provi ing Firs A Staffing and Equipment. Please de pbe your Accessibility PI n for cress at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event:~Ye (. 61-19 ' 73-s1 ..--i /45per NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled In the City parks. _ r u 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: Own ff*1&. YES NO Will sound amplification be used? If YES, please indicate: / Start time: JF%cd) am/Finish Time ! %av am/ r0 _ YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 3: am/0 Finish Time eras a„j Please describe the sound equipment that will be used for your event: Comet ft s •el _ YES y NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 4—r • c t %Ma / �,Kly Gt3""' I !7' Revised 08/10/05 5 For Office Use Onry 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 Person in Charge of Activity OM," 3 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 L a,,.rt,.,,s { ,r Cw,&( 1 r rt,,,. 3:.ej 2 Address /9ZO 5' 4D. Jtt .% 7/Vat Telephoni /?) 72C -S'?9 f Date(s) of Use "tyre/ 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 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 For Office Use Only Certificate of Insurance Approved Date 7 Date 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 orgar}ization? Yes (proceed to Question 2) No (Please sign the form and submit It with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization te-154.4 Cfmect Type of Organization e (SeMce Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) ✓ No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales 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 Ghls 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) J Dae 9 11111Fr111' !1!!I1111111 II11;Illilllil I 111 111111111 (E) PARKING SPACE —f IJH iill!il !l!III!!I111111111!1 L4I-kI II (E) HOLIDAY SPA 1 L - - (E) RESTAURANT (E) LIGHT POLE 1 ilI!!!1I 1i111'I! i'iIII!! 1!IIliili111Illl1111111r!II! (E) PARKING SPACE —� Hi lill!illl!!II!Illliili (E) PARKING SPACE -f I 111 I1111 Ili!!I�i111 Illlliiil !1111 11111i1i!lii I!i!Ili! 111111111 1 krill 11!illl -I- 11i! PROPERTY LINE PROPOSED CBiGUTAR WIRELESS 10'-0"x16'-0" EQUIPMENT SHELTER g (E) SIGN 111jI1 IIIIIII_� OVERALL SITE PLAN SCALE i'=40' GRAPHIC SCALE (FEET) 0 10 20 40 80 160 Ll dIK AFKRIDAY By 6. 1{E cam DE MEV RE ENO 161 SUIT JOB 0 7. EA7STM0 611 CONTRACTOR THE RIMS, CONSIRucix WE BERN 6. THE OONITCI SPDy:A7Ip CoMIUR TIE % 6RESSON RA 9. ALL STIED! CU6IRUGID THE NEMEI RROCE0DS NI 10. THE [WRAC NERECTENS RE COSI 11. 1T E COINING S1IBOONIRACT DIRECT AL W SOLELY REAL[ inix UNDER �, A IR CA RQE OTLN ROSE 806E SINpW STff 420T cfmTi DIP PIER 6m 1 ST. R 1S RISC'! ALL ED YA RFACIUES REKATER OR 14. THE CONTRACT° BAC mac IECANINC 15. THE COMM CONPEY NON At DDDMwcES AS MGM ff IQII 16. THE DENTRACIO{ MEISS ROPE ANY WAKE TO LANDSCAPING, C REPAIRED OR RE PRORRIY DRIES 17. THE CONTRACTOR ANY MA Y WAGE RICH S AOCERDNCE Cr ' ROWING SHATI. T IR6 aura. lc Co IEPLACEIENC Of TTE amnia O 19. THE CUIRt/CTCR PPoAE;T SOE RH AHD ACCEPTED RI imamPeararoir p IWKW IWVES 70 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 AGENDA ITEM NO. 19 L JTEM TITLE TEMPORARY USE PERMIT — Fall Festival at South Bay Community Church, located at 1920 Sweetwater Road, on October 31, 2005 from 6 p.m. to 10 p.m. PREPARED BY Joe Olson, 336-4 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from the South Bay Community Church to conduct the Fall Festival at the church on Monday, October 31, 2005 from 6 p.m. to 10 p.m. This event will be dismantled by 11:45 p.m. that evening. This event will include carnival style game booths, 2 concession stands, a puppet show and a church band performing on a stage located in the parking lot. There will also be inflatable fun zones featuring an obstacle course and a boxing ring. The purpose of the event is to offer Church families and the community a safe, fun and free alternative to Halloween Night. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. CEnvironmental Review X N/A MIS Approval Financial Statement The City has incurred $345.00 for processing the TUP through Approved By: various City departments, plus $349.00 for a fire permit. STAFF RECOMMENDATION GZ,i /tt.e..—A , w Approve the Application f r a Temporary Use Permit subject to compliance with all conditions of approval an grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION Finance Director Account No. N/A AT ACHMENTS ( Listed Below ) Application for a Temporary Use Permit with recommended approvalsuandreonditions of approval. A-200 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: Monday, October 31, 2005 TIME OF EVENT: 6 p.m. to 10 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS/ PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1 Maintain emergency vehicle access. 2. Maintain clear access to fire department connections and fire hydrants. 3. Tents having an area in excess of 200 square feet and/or canopies in excess of 400 square feet or multiple tents and/or canopies placed together equaling or greater than the above states areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 4. Canopies in cooking areas to be flame-retardant with an approved State Fire Marshal seal attached. 5. One 2A:10BC fire extinguisher is required for each food booth where cooking is taking place. 2A:10BC fire extinguishers to be so located throughout event area as not to have a travel distance greater than 75 feet. 6. Provide metal cans with leads and label "HOT COALS ONLY" for used charcoal disposal. ENGINEERING (619) 336-4380 1. Indicate location of banner on map. Show relationship of sign or banner to street and sidewalk. 2. No CIP projects in the event's vicinity anticipated as of date. However, please confirm with Engineering 3 weeks prior to event to check, modify, and confirm schedule, if necessary. For more information please contact Kenneth Fernandez at 619-336-4388. POLICE (619) 336-4400 No Police presence required or requested. No other police related concerns. FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is 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 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 for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to Not -profit organizations located in National City that submit an initial business license application) Month/Day/Year Actual Event Hours: 6 ame to /0 am/i5 Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): various b0of 1 4-0-up tables chairs, sfaje f decor Type of Event: Public Concert _ Parade Motion Picture Fair Demonstration _ Grand Opening Event Title: Fail Fah VA 'Festival Circus Other _ Community Event _ Block Party Event Location: South 2y Cron in'nity Church Event Date(s): From /g3I'05 to KIa1/o5 Total Anticipated Attendance: ( Participants) ( Spectators) 40o Dismantle Date: iof31 I05 Completion Time: lI"15 am/el 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: Svufh 6Ry Community Church Chief Officer of Organization (Name) Daft 'MCS Applicant (Name): K-VZtht i21/101- For Profit Not -for -Profit Address: 240o trNclid Avenue Daytime Phone: (oil 7'S''vOEvening'Phone: (61$ 421" 65SIFax: PI 207-3370 Contact Person "on site" day of the event: pith giro-if- Pager/Cellular: (&f't) 820 ^ 5S6 ¢ 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): n'q $ of a Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 51200 — 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. Fall Festival consirts ef c2rni va / sf y/e game booth, concession sfancis (2)/ ohe, g 4r our march 'band and puppe- shoW pert revi ands. 7hc stale Wu be located oufsida in our parkfh9 !of-, We, w/H have, InP/4table fim 2ohes (an obsfac% tours., i jous/ iq area and 42ortnq rit .) ioceed in titers and eutddoor. A-caf' itar coffee/ a'd pa€fries win be zet up I r) our eYm 74701+ies. Mt purpose of this etnevtt is fv erect- our church ea!ti%, .s and cammonn -J a safe , 'un "ems event. To provide a. pool4im •Pam;ly atmosphere) as an afkrnah'vte Jo / yfloweeh nigIi+. _ Y S1 ENO If the event involves the sale of cars, will the cars come exclusively from v/`� National City car dealers? If NO, list any additional dealers involved in the sale: VI I 2 _ YES ✓ NO Does the event involve the sale or use of alcoholic beverages? V YES _ NO Will items or services be sold at the event? If yes, please describe: 141/Cd — C0 fCcSsi0 n S75r/e Jf.em S 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. .L/YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 'YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies /0 Sizes $, 4- /0 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES VNO VAR 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 1 Please describe how food will be served at the event: col fur Oh ,rhua Sirie 12007`r1r and food serfre, -F+3.m Our Wide," *c If you intend to cook food in the 3vent area please specify the method: GAS _ELECTRIC V CHARCOAL ✓ OTHER (Specify): Mime; Wit 1K,. ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 1 (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: $ " 10 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: it oiear) dp wry is scheduled thrrunhtect fht evenirl f0 do sSo¢-c is cod an 0 r team will d o Wu fi'vwf / c,'e -vp /he 3 Please describe your procedures for both Crowd Control and Internal Security: we- hattt a ,cractif-y taw/ (6 -e ‚Ti) that art lulled With radios and VO'sibre shirfs marked 1 security!' Two of'f-clt ty Falce 064ters. will be on sit1G • _ 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: N `R Security Director (Name): 7(of Phone: h/ q 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: our pargfrl (of- (Ibis wi11 beDi'i Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Firrff aid will avai/ab/B of ear inFvirneulen bath and ouv� dentril,/ team has berg+ in(fructcd * handle any minor srha lleys, Please describe your Accessibility Plan for access at your event by individuals with disabilities: we haii4G handicapped parKiniq eta1/s and rarf r »ns. ,41/ eve jtc guilt b a'� groan°/ %Het. Please provide a detailed description of your PARKING plan:bit hQ ✓G ampsiG pa rken9 i✓1 Mr 10f- and 0t-sired 6trk/ I`S OW41lab le. Please describe your plan for DISABLED PARKING: %'lQNG clearly rnadceef spaces Pt r cir'sa bled pork 613 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: olsfribuPan of t yetis lhnar Wets prier Ic Guru* pletan9 posttrs at- local basinesses. NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled In the City parks. V 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: J Or 2 Type of Music: WOrchip rWt4S1 G� por_/; Cont tknorary �-1'ES NO Will sound amplification be used? If YES, please indicate: Start time: 7 am/Finish Time ' am/ei YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 5:5° amf�ir Finish Time 6 am/R51 Please describe the sound equipment that will be used for your event: 0(4M.0r 4yrp/ff'ed sdvnd with two-�bursFea.tea 4fr- tearfsits nucs WO v►tiak &3a/pm2#. _ YES ✓NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: ✓YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: chz 04-h "et-- 74 c4j the r f► eet- 'r FR-L.1_ FErTI VAL r D P,t- 3/ ST d pm - y': 30 p n �• Revised 08/10/05 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 VIlei Person in Charge of Activity Address 1'1(4 Telephone n/ G Date(s) of Use Pl% 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. t?. I V Signature of Applicant Specr`a/ G?Ve -/S (virdinafv► - SiZT-l05 Official Tale Date For O/irce Use Only Certificate of Insurance Approved 7 Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? ✓ Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization South (,may Comm/tidy Church Type of Organization lurch (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) ✓ No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. ✓ No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. VI I U I./No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) °Y1-- 9 Date FALL FESTIVAL LAYOUT Green Room Parking Entrance A = American Food Booth B = Boxing Ring C = Coffee House (Gym Window) CC =Cotton Candy D = Dunk Tank G = Game Booths I = Information Booth J = Jousting Arena K = Kiddie Jumper M = Mexican Food (Kitchen) ML = Maze -Large MS = Maze -Small O = Obstacle Course P = Puppet Stage PC = Popcorn S = Tent Stage SS = Scramble Slide ST = Story Tent MZ-S Disabled Parking Parking Entrance To Parking MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 20 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Community Services' El Toyon Community Party at ELT\ Toyon Rec Center on November 5, 2005 from 11 a.m. to 4 p.m. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from Community Services to conduct the El Toyon Community Party at the park's Recreation Center on Saturday, November 5, 2005 from 11 a.m. to 4 p.m. The El Toyon Neighborhood Council will be conducting a community event that will include a potluck and barbeque. There will be music and games as well as an astrojump. The National City Police Department will be on hand to provide security. Environmental Review X N/A MIS Approval Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through Finance Director various City departments. >STAFF RECOMMENDATION -. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and approve the waiver of fees. Account No. 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 (Rev. 7/03) Type of Event: Public Concert Parade Motion Picture Event Title: Event Location: Event Date(s): From 1 to \ l Month/Day/Year _ Falr _ Demonstration Grand Opening Actual Event Hours: pm to —u r� am/ Setup/assembly/construction Date: t\C4S-- Start time: g._ Please describe the scope of your setup/assembly work (specific details): _ ,t___ get etekoH'R-.S. 4 his n2-451 J v i-t f L Festival Circus Other Total Anticipated Attendance: 1 OG Dismantle Date: t k r Completion Time: ( ).Participants) ( Spectators) am/m 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: CO Chief Officer of Organization (Name) LE Applicant (Name): Address: O CtE 'Deis€ Daytime Phone: (ts1 )Tap— vening Phone: (►fi) jii/OO Fax: Contact Person "on site" day of the event: J 4 P 2. +r 1 For Profit )Not -for -Profit 33ro Pager/Cellular: 1p f -- g (S cgeti NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY'OFFICIALS -P Community Block Party Q�rOS Y, c4</s. 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees requlred? If YES, please explain the purpose and provide amount(s): i—YES NO YES - NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles,. animals, rides or any other pertinent information about the event. ` 1A-1, otrN Q.et5(Atoor laGa GasI 6); be (rlcui l vt a cory mom € cu f . to, id( have a . ()of 1) c .cL , Mot jx)sal 1p-e- Pc-A464 *) e Mc) Sic a A0L AvK2-S, YES NO If the event in of s the sale of cars, will the cars come exclusively from National Qit+ cr i alers? If NO, list any additional dealers involved in the sale: 2 YES jO 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: _ YES jO Does the event involve the sale or use of alcoholic beverages? YES 40 Will items or services be sold at the event? If yes,, please describe: YES kO Does the event involve a moving route of any kind alongks street s, sidewa highways? If YES, attach a detailed map of your proposed route indicate Ithe or direction of travel, and provide a written narrative to explain your route. 11.-YES NO Does the event involve a fixed venue site? If YES, attach a detailed site ma showing all streets impacted by the event. p VJsYES NO Does the event involve the use of tents or canopies? If YES: _ Number of tent/canopies Sizes h 1 0 NOTE: A separate Fire Department permit is required for tents or canopies. > 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: ac'.lt If ou intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): 9 Portable and/or gym' Facilities Number of porta . ets: (1 for every 250 people is required, unless the applicant can show that ther 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 S. 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: a.$•kn C.P134•3 L all e cL o eft. 3 Please describe your procedures for both Crowd Control and Internal Security: 14), l t Ile be s; to _ YES 110 Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: Security Organization Address: YES Security Director (Name): Phone: O 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 Staffirig and Equipment. en vld • Please describe your Accessibility Plan for access at your event by individuals with disabilities: A \ Data S art Please provide a detailed description of your PARKING plan: sZI ors -S % pt( ic21 vky to 4- Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: ' I�cr- (eSc&S c n 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 Number of Bands: Type of Music: 1/ A tOJS C%4 XYES NO Will sound amplification be used? If YES, please indicate: Start time: .m Finish Time am/ r� 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: Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES t NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 11 bore 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 AGREEM NT 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 ofApplicant Official Title Date For0 ice Use Ony Certificate of Insurance Approved Date 7 R tJESTfOR WAIVE R 4P; FEES s Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? - Yes (proceed to Question 2) No (Please sign the form and•submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization • �l Type of Organization iA044. Yc & (Service Club, Church, Social Service Agency, etc.) 4 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) ()L. 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 th.e 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) �� SignaturelJ Da e t O`- 9 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 21 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Sweetwater Motorcycles, Inc's Tijuana Toy Run at 32017 Hoover Ave. on December 11, 2005 from 8 a.m. to 11 a.m. PREPARED BY Joe Olson, 336-4 EXPLANATION This is a request from Sweetwater Motorcycles, Inc. to conduct the Tijuana Toy Run at their location on 3201 Hoover Ave. on Sunday, December 11, 2005 from 8 a.m. to 10 a.m. This event requires a street closure at the 3200 block of Hoover and 331-d Street between Hoover and National City Boulevard. DEPARTMENT Building & Safety EXT. This is an annual event held previously in Chula Vista that provides Christmas Toys to needy children in Mexico. All motorcycle riders provide toys as a condition of participation. Environmental Review X N/A MIS Approval Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through Finance Director various City departments, plus $215.31 for Streets Division. Account No. STAFF RECOMMENDATION Approve the Application fr a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Motorcycles, Inc. EVENT: Tijuana Toy Run DATE OF EVENT: Sunday, December 11, 2005 TIME OF EVENT: 8 a.m. to 10 a.m. APPROVALS• PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/ PARKS YES [ x ] NO [ ] SEE CONDITIONS [ x .FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1. Fire access to be maintained at all times, as defined by Fire Code. 2. Access to be maintained at all times to Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). POLICE (619) 336-4400 Police personnel will be required for street closure integrity and crowd control. This Temporary Use Permit has been forwarded to Sgt. Bishop to coordinate with RSVP's, Reserves and/or other traffic personnel. ENGINEERING (619) 336-4380 1. A traffic control plan shall be submitted for review and approval prior to event. 2. No parking signs shall be placed a minimum of 72 hours prior to event. 3. For street closure, City Council approval is required. 4. CIP projects in the event's vicinity are anticipated, i.e. Hoover between 2900 Hoover to W. 30th St. Please confirm with Engineering 3 weeks prior to event to check, modify, and confirm schedule, if necessary. For more information please contact Kenneth Fernandez at 619-336-4388. RISK MANAGER (619) 336-4240 If the City Street is closed: 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City. FINANCE (619) 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 are 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.) CITY ATTORNEY 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. PUBLIC WORKS/PARKS (619) 336-4580 Street Division: 1. Crews will post "No Parking" and set "Not A Through Street" signs on corners at 30`" St. at Hoover Ave. and provide barricades at proper locations. 2. Event personnel will need to place barricades in streets for the event and return barricades to side of street when event is completed. 3. Cost: $215.31. Type of Event: Public Concert _ Parade Motion Picture Fair _ Demonstration Grand Opening Festival _ Circus X. Other �( Community Event Block Party Event Title:' ip , Event Location: 1 1 L' ' V >t V Event Date(s): From 12• DS to IL1h Qr Total Anticipated Attendance: GOOD Month/Day/Year '— Participants) Actual Event Hours: �Ob/pm to) .p wpm (2DOC Spectators) Setup/assembly/construction Date: OD tnh Start time: g— lZJr __ Please describe the scope of your setup/assembly work (specific details): Dismantle Date:12.11. Completion Time: : pD am/ Em List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and d. a time of eope ing. 3 4.o• z it . Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): Address: 32IA Daytime Phone: /i Evening Phone: () Fax ( ) Contact Person "on site" day of the event: k_3 I 5 Pager/Cellular. m:: 5e,(21 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY'OFFICIALS 1 ilk Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s); YES NO YES X. NO $ vi Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? • Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles,, animals, rides or any other pertinent information about the event. Chr,LFrlas 10JS oLta zel by ride/s -o r,tc0(1 GI, cAKn tit IS (S avi Cinh,w c-. tvt re Vic.;. L.id� T Sea (tor r4, ff/� 3, io (1-c,, ( J�O�K 1 s V S /� r-, Of —tJ l� I'lc�� G� e-U _ 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 X NO Does the event involve the sale or use of alcoholic beverages? AYES NO Will Items or services be sold at the event? If yes, please describe: Y YES NO Does the event Involve 4-a /YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the City stage or PA system? highways? If YES, attach a detailed map of yourueo anys nd proposed route indicate Itheor d seat af,travel, and provide a written narrative to explain your route. In addition to the route map required above, please attach a diagram showing the ovefall 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 Toil t Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available. to the public during the event) ➢ Tables and Chairs • Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control andInternal 'Internal Security: �7G GI[P4 195,d 4 �,yryl�`1 K�rY1J'/73 t ('1/etiPd hGDIdP� Xo�4A ,limp eam., eV) elxte24 4-43th/f)11 1)12rahliff (tut) it2A3, 31/01.414A YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Plea e indicate what arrangementyou have ade f r pr vidin first Aj 4r �►� 4 5309"�av�"PA, d �Po� ,k )tt I� . eefi(1. r� U�PU (7PAd ct)1 /tt w k g Lae,' -i�t I di 1r4 Staffing a0r d Equip ent. PI seSdescribe your Accessibility Plan for access at your event by individu.�als with disabilities: Hl J ?i f4 1,1 regrlo ),llp Dr. r31,F';IAP. who eau �911DJVaJP,ajdD lr/'�p 4 II1 �il�lO.a ,Le at t 'fl-0�IP/j- 0Q__l /9I ?jail J.1 (`/� 1�? /lifia Please ovide a detailed description of your PARKING plan: l Please delscribe yob r plIn for DISAB ED PARK NG: 4 Please describe your plans to notify all residents, businesses and churches impacted by the e nt: InP.te60AP,. btyrii4j eLit , eX(i c 4 t-1 /* tioqhhipti G ilne / Ce1 NOTE: Net�hborhood 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 Number of Bands: YES ( NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: — YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 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 HAR LESS 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 ��, , ,-,-,+r Date(s) of Use (Z 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 lit'. _ activity arising out of or related to the use of public property or the contractor. _ en under the . _ mit by the permittee or its agents, employees or Sign Official T' For Office Use Only Certificate of Insurance Approved _ Date UESVf OR A" WAIVE RQF: 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? es (proceed to Question 2) No (Please sign the form and•submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explaxlation and details. No (Please proceed to Question 5) Ti 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: No (P lease sign the form and submit it with the TUP Application) 9 Sweetwater Harley-Davidson/Buell 3201 Hoover Avenue National City, CA 91950 2005 Tijuana Toy Run 11 December 2005 This function will require that the 3000 block Hoover Avenue, and that portion of W 33rd street to National City Boulevard be closed to all traffic except emergency vehicles and motorcycles entering the event. As indicated on attached detailed map, all motorcycles will be parked on the west side of the street and the toy run will start where Hoover Avenue and West 33rd Street began. The motorcycles participating in the toy run will depart promptly on the date indicated at 10:00 A.M. proceed East on West 33rd Street to National City Boulevard, turn right on National City Boulevard, proceed South across the bridge to the second traffic signal, turn right to the on ramp and enter State Route 54 East bound to I 805 and South to the International Border. 3611i Stater Poormilmuimpille I ijiIUl11111 k. • ; IIIIID1111MI%I 1 NOW.CJ1y Blvd. Sw�W Ni RRI.�v aOA V 11)SDIJ 54 WEST W33.o ST.� rl OM -OM. OM dia./ PlaibbrZhi- 'T 4 Frio - Li al r -',4 ‘lifI S4 EAST C City of National City, California COUNCIL AGENDA STATEMENT October 4, 2005 MEETING DATE AGENDA ITEM NO. 22 L ITEM TITLE Public Hearing - Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 20 apartment units (Lona Manor) to condominiums at 835 E. 18th Street. Case Files: S 2005-08 / CUP 2005-14 PREPARED DY DEPARTMENT Mary Jo Wilson, Principal Planner. Ext. 4319 hunting EXPLANATION On September 19, 2005, the Planning Commission held a public hearing to review the proposal to convert an existing 20-unit apartment complex to condominiums located on a 0.58 acre site in the RM-1-PD Zone. As condominiums, the units will be the same size and have the same floor plan as they currently exist as apartment units. EXT. Please refer to the attached for the project details. Environmental Review N/A N/A MIS Approval Financial Statement N/A N/A Approved By: Finance Director N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends approval. BOARD / COMMISSION RECOMMENDATION The Planning Commission aprpoved the Tentative Subdivision and Conditional Use Pennit (Vote: Ayes - Pruitt, Carrillo, Alvarado, Baca, Flores; Reynolds No: Graham, Martinelli) ATTACHMENT ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 26-2005 3. Location Map 4. Department & Agency Continents A-200 (R'vT/}F n Natiec 6. Site Photographs 7. Project Applications 8. Proposed Approval Findings & Conditions of Approval 9. Property Conditions Report W. Applicant P1a-( } ibit A, titled July 12. 2.0 5) Resolution No. 26-2005 S 2005-08 / CUP 2005-14 20-Unit Condominium Conversion Site Characteristics: The project site is located at 835 E. 18th Street in the Multi -Family Residential (RM-1-PD) Zone. The 0.58-acre site is rectangular and relatively flat with street frontage on both 18th Street and I Avenue. Vehicular access to the site is from I Avenue. The site contains an existing 20- unit apartment complex (Lona Manor) which will remain and convert to condominiums. There • is a variety of ornamental vegetation on -site. The 20-unit apartment building was constructed in 1970. The building is a "U-shaped" two-story structure and approximately 17,000 square -feet in size. There are two 1-bedroom / 1 bathroom units (approximately 640 square -feet each) and eighteen 2-bedroom / 1 bathroom units (ranging between 780-870 square -feet each). There are no private balconies or patios. There is a 7,200 square -foot landscaped area with tables and a bar-be-que located in the open area between the units. Other site improvements include a community laundry room, trash enclosures, security fencing/gates along much of the perimeter of the site and landscaping adjacent to 18th Street. There are a total of 19 parking spaces provided on -site. 11 of the parking spaces are in carports tucked beneath the northern section of the building. The remaining 8 parking spaces are in an uncovered, surface parking lot adjacent to the carports. All of the parking spaces are accessed via I Avenue at the northeast corner of the property. The parking stalls are approximately 18-feet by 9-feet with an aisle width of approximately 25-feet. As indicated in the attached Property Condition Assessment Report (PCA), the property is in good condition without any major defects, as it has been adequately maintained since it was built. In 1999, the exterior of the building was re -painted and a portion of the roof was repaired several months ago. Proposed Use: The applicant is proposing to convert all 20 apartments into condominiums. As condominiums, the units will be the same size and have the same floor plan as they currently exist as apartment units. The conversion will involve the renovation of the exterior and interior of the buildings as well as improvements to the site landscaping and parking facilities. The exterior of the building will be painted and enhanced with further architectural articulation, the roof will be replaced and the parking lot will be repaired, re -sealed and re -striped. There will also he a new fence/gate around the perimeter of the property and new washing machines and dryers will be installed in the common laundry room. All of the water heaters will be replaced with energy efficient water heaters and separate water heaters will be installed for Units #14 and 15 as well as the laundry room, which currently share one water heater. Additionally, the interior of each unit will be renovated to include new paint, appliances, flooring/carpet, bathroom/kitchen cabinets, counter tops, lighting, fixtures and internal doors. Finally, the applicant has indicated that all of the needed repairs noted in the attached PCA report will also be addressed. Analysis: The applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit to convert the existing apartment complex to condominiums. The project is consistent with a number of General Plan policies including an increase in the number of home ownership opportunities and the use of high quality materials. The applicant proposes to make several changes, such as new appliances and cabinetry in the units 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 vs. Existing Development Required for New Required for New 1 & 2 Condominiums Bedroom Apartments Existing Parking Spaces 2 spaces per unit 1.3 and 1.5 spaces per unit 0.95 spaces per unit with plus guest parking plus guest parking no guest spaces Unit Size 1,000 square -feet 650 / 800 square -feet 640 / 780-870 square -feet Useable Open Up to 6,000 square- Up to 6,000 square -feet 7,200 square -feet Space feet Density 22.9 units/acre 22.9 units/acre 34.5 units/acre As you can see, the 1-bedroom units and 2-bedroom units are slightly smaller than required for new condominiums. While the amount of parking provided is also less than would be required of new development, it is more than is provided by many older apartment complexes. For this particular site, there is more useable open space than required of new development. All of the open space is in a common area between the units which provides for seating (benches) and entertaining (bar-be-que). In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant has prepared a Property Condition Assessment Report. It includes an assessment of all structural and mechanical systems, as well as a pest report. As stated before, the PCA report found that the property is in good condition without significant structural defects. It does, however, contain recommended repairs including an immediate repair of a roof leak. According to the PCA Report and a follow-up conversation with the applicant, that repair has been completed. The Report also identifies a variety of intermediate repairs, which are fully detailed in the attached report, including repairing the parking lot and replacing the bathroom fixtures and appliances in each unit. In addition, the Pest Control Report indicates the presence of drywood termites which need to be eradicated from the building. A condition recommending that all of the short-term and intermediate -term repairs and recommendations of the Pest Control Report, identified in the Report be completed prior to sale of any unit 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 included as a condition of approval. Standard conditions recommended by the Engineering Department have been included as conditions of approval. Planning Commission Hearing: The Planning Commission held a public hearing on this item at their September 19, 2005 meeting. At the hearing, the Commission reviewed the project and recommended approval. There was one speaker, the son of a current resident of the apartment complex. He asked the Commission if project improvements would be required to meet current codes and if there would be relocation assistance for his father. The Commission responded that any improvements to the property would be required to meet current codes as required in Condition #8 and that the applicant had indicated that there was nothing in place at this time for relocation assistance. RESOLUTION NO. 26-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE SUBDWSION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 20 APARTMENT UNITS (LONA MANOR) TO CONDOMINIUMS AT 835 E. 18TH STREET APPLICANT: STEVEN STREBIG CASE FILE NO. S 2005-08 & CUP 2005-14 WHEREAS, the Planning Commission of the City of National City considered a Tentative Map and Conditional Use Permit applications to convert 20 apartment units (Lona Manor) to condominiums at 835 E. 18th Street at a duly advertised public hearing held on September 19, 2005, 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. S 2005-08 and CUP 2005-14, 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 September 19, 2005, support the following findings for the Tentative Subdivision Map and Conditional Use Permit: TENTATIVE SUBDIVISION MAP FINDINGS 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will use high quality materials and create 20 new homeownership opportunities, 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. Ll 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 are currently being provided and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on -site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. CONDITIONAL USE PERMIT FINDINGS 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 and the project consists solely of a change of ownership with repairs and renovation of the 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. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 20 new homeownership opportunities that should be attractive to first time homebuyers, will alow for mobility in the housing market, and an increased rate of homeownership. CONDOMINIUM CONVERSION PROJECT FINDINGS 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 20 additional opportunities for homeownership, which will likely be available to persons of a moderate -income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, indicate that all necessary upgrading will be completed prior to the sale of any of the units, since all of the common area improvements as well as the individual units will be renovated before such unit(s) is sold as will be specified in a Lien Contract and Agreement not to Convey. BE 1T FURTHER RESOLVED that the application for the Tentative Map and Conditional Use Permit is approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorize the conversion of the property at 835 E. 18th Street, including 20 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S 2005-08 / CUP 2005-14, July 12, 2005. 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 Report and the Pest Report shall be implemented prior to release of any unit for sale including, but not limited to the: repair/replacement of the flooring, interior paint, kitchen appliances, counter tops, cabinets and sinks, windows, doors, bathroom fixtures, water damaged building elements and materials, heating units and hot water heaters. The building shall be exterminated to eradicate drywood termites as described in the Pest Report and the external portions of the building shall also be repaired, if necessary, and painted with a high quality elastomeric paint and re -roofed. The entire asphalt paved driveway and parking lot shall be repaired, seal -coated and re -striped. 4. Prior to the release of the sale of Units 14 and 15, such units shall have an individual gas -fired hot water heater installed in a utility closet for each of the respective units. The common laundry room shall also be equipped with an individual gas -fired hot water heater installed in a utility closet. 5. 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. 6. The CC&R's shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 7. The developer shall provide a declaration of Covenants, Conditions and Restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the fields provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California. Title 24 energy and handicapped regulations. 9. The final map shall meet all of the requirements of the Subdivision Map Act, and the City Of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 10. The developer shall bond for the monumentation, 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. 11. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 12. The Final Map shall be recorded prior to the issuance of any Building Permit. 13. All new property line survey monuments shall be set on private property, unless otherwise approved. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A Title Report shall be submitted to the Engineering Department for the review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three (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. A deposit for Final Map review is required and is subject to adjustment according to the actual hours worked and consultant services. 17. The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 19. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 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 Subdivision Map expires two (2) years after adoption of the resolution of approval at 5:30 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 5:30 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. Exterior walls of buildings/freestanding fences/retaining walls 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. 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 September 19, 2005, by the following vote: AYES: AIV01r dD, edict, Carrillo, ,Mores, PrnfTh ►gedholds NAYS: erit/)Oliri n�ar�lr�c/ll ABSENT: r1fit ABSTAIN: rahk, CHATRWOMAN PROJECT LOCATION ZONING BOUNDARIES LOCATION MAP Conversion of a 20-unit apartment complex to condominiums S-2005-8 / at 835 E 18th Street CUP 2005 14 NATIONAL CITY PLANNING DRN. DATE: 8/03/05 INITIAL HEARING: 8/15/05 • • 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 CONDO CONVERSION AT 835 E. 18TH STREET Date: July 22, 2005 To: Mary Jo Wilson, Planning Department 26 JUL 2005 Am 7:58 From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: CONDO CONVERSION AT 835 E. 18TH STREET 1. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 2. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 3. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. A deposit for final map review is required and is subject to adjustment according to actual worked hours and consultant services. FINAL MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 2. 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. Recvclecl Nner • s Planning Department July 22, 2005 Page 2 3. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. No pole is required to be removed, but the wires will need to be underground. 4. The final map shall be recorded prior to issuance of any building permit. 5. All new property line survey monuments shall be set on private property, unless otherwise approved. 6. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha 835e.18th • City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. S 2005-08 / CUP 2005-14 Project Location: 835 E. 18th Street Contact Person: Mary Jo Wilson, AICP Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map & Conditional Use Permit to convert a 20-unit apartment building (Lona Manor) to condominiums at 835 E. 18th Street. Applicant Name & Address: Mr. Steven Strebig 990 Highland Drive Suite 212 Solana Beach, CA 92075 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 32, Section 15332 (In -Fill Development Projects) Not a project as defined in Section 15378 of CEQA n Not subject to CEQA (Sec. 15061b3) x Telephone Number (858) 792-9606 Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The site is relatively flat and currently developed with commercial structures within a fully urbanized arca. Date: Mary Jo Wilson, AICP, Principal Planner _ \) PHOTO 1. Front elevation of the property facing 18th Street. it uselow or PHOTO 2. Partial front elevation of the building facing the landscaped courtyard. ® Lona Manor, 835 E. 18th Street, National City Project No.: O1-C-1946 PHOTO 15. Asphalt surfaced driveway and the tucked -under parking garage. PHOTO 16. Framing of the building/garage. ® Lona Manor, 835 E. 18`h Street, National City Project No.: O1-C-1946 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 5 "2d1S514 Filing Fee $ S_ Receipt No. Date Received 6 N By E.A.F. Required _={ L_ Fee $ 11� Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITYMUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 5 PROPERTY LOCATION COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: fi U)/ k'^CfL g , Cp L E Signatur (Sig ure acknowledges that this application is being filed) Address: 26&( Cf(ti1 tA10 Oe` A10 $"f+ni AieGei Cif 72. (off Name: Signature (Signature acknowledges that this application is being filed) Su�Tc St�d.Tdrss: 32( Phone No.( I J 26ar D 4`7.4 Phone No. Fax No. Date: Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: 5TEv N S'7 !I3/6 Name: Signature-� ,�A Signature (Signature acknowledges tha his (Signature acknowledges that this application is being filed) application is being filed) Address: See tl PP/ e/MT t'Ai V, Phone No. Fax No. Date: Address: Phone No. Fax No. Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 1r, APPLICANT Name: s E. vE Ill SYf?E B/ Cr (Please type or print) Signature: (Signature certifies thathe information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: „Cu.`7"E. 2.0Z Phone No. Fax No. So/4ZnM- iiftcx;. , 9z 6-7-5- - 79.2- no 3V - /6e`/ Date: rUNo?OAS" Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 1-1 APP NATIONAL CITY, CALIFORNIA CATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ ao 3 Receipt No. Date Received b f 2-3 (0.6. By E.A.F. Required N 0 Fee $ N to Related Cases 5 711.} 5 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PROPERTY LOCATION 655 E g"1 S - ^ No. between d 11 l COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 Street 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: i ) DR Qw12 To Co NV Ai -r— 1 *< 0)(1.--cr 16- �o APa►erin4-Air RgarAG w v%TS ;tiro e'on10®/n:N ‘ urns. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: STEV A/ Name: Signature (Signature acknowledges th application is being filed) Signature (Signature acknowledges that this application is being filed) Address: 9e I l 7 41 A) Address: 6-aTe- 2.0 2,-- $ /f1ea/Rc/ C4 9.2075' Phone No. gs'-79z- % 60(0 Phone No. Fax No. F-—3S/S—/©S1 Fax No. Date: Date: 6 -2-D - zoos — Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 1 APPLICANT Name: 3TEVE/0 STR E/3/6- (Please type or print) Signature: (Signature certifies at the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: ?9D' /il`6A/9-AiI ,rJ/1. Su;Te z/Z Sd/gN, /3 (, -/t4 9zo zsr' Phone No. OSY— 792 — Fax No. w-s1(— 3 L%r— / d F 7 Date: \G[N£ 20j 2p‘)S Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 All that portion of the Westerly half of the Westerly half of the Southerly half of 20 acre Lot 1, Quarter Section 133, Rancho De La Nacion, in the City of National City, County of San Diego, State of California according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as follows: Commencing at the Southerly corner of 20 acre Lot 1, Quarter Section 133; thence North 71 East 209 feet: thence North 19 West 40 feet to a True Point of Beginning; thence North 19 West 202 feet; thence North 71 East 121 feet: thence South 19 East 202 feet: thence South 71 West 121 feet to the point of beginning. r?� 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 use high quality materials and create 20 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services are currently being provided and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on -site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 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. 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 and the project consists solely of a change of ownership with repairs and renovation of the 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. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 20 new homeownership opportunities should be attractive to first time homebuyers, will allow for mobility in the housing market and an increased rate of homeownership. RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSION PROJECTS 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 20 additional opportunities for homeownership, which will likely be available to persons of a moderate -income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, indicate that all necessary upgrading will be completed prior to the sale of any of the units, since all of the common area improvements as well as the individual units will be renovated before such unit(s) is sold as will be specified in a Lien Contract and Agreement not to Convey. RECOMMENDED CONDITIONS OF APPROVAL 1. This Tentative Subdivision Map and Conditional Use Permit authorize the conversion of the property at 835 E. 18th Street, including 20 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S 2005-08 / CUP 2005-14, July 12, 2005. 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 Report and the Pest Report shall be implemented prior to release of any unit for sale including, but not limited to the: repair/replacement of the flooring, interior paint, kitchen appliances, counter tops, cabinets and sinks, windows, doors, bathroom fixtures, water damaged building elements and materials, heating units and hot water heaters. The building shall be exterminated to eradicate drywood termites as described in the Pest Report and the external portions of the building shall also be repaired, if necessary, and painted with a high quality elastomeric paint and re -roofed. The entire asphalt paved driveway and parking lot shall be repaired, seal -coated and re -striped. 4. Prior to the release of the sale of Units 14 and 15, such units shall have an individual gas -fired hot water heater installed in a utility closet for each of the respective units. The common laundry room shall also be equipped with an individual gas -fired hot water heater installed in a utility closet. 5. 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. 6. The CC&R's shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 7. The developer shall provide a declaration of Covenants, Conditions and Restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 9. The final map shall meet all of the requirements of the Subdivision Map Act, and the City Of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 10. The developer shall bond for the monumentation, 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. 11. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 12. The Final Map shall be recorded prior to the issuance of any Building Permit. 13. All new property line survey monuments shall be set on private property, unless otherwise approved. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A Title Report shall be submitted to the Engineering Department for the review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three (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. A deposit for Final Map review is required and is subject to adjustment according to the actual hours worked and consultant services. 17. The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 19. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 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 Subdivision Map expires two (2) years after adoption of the resolution of approval at 5:30 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 5:30 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. Exterior walls of buildings/freestanding fences/retaining walls 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. REPORT Property Condition Assessment Lona Manor Apartments 835 East 18th Street National City, San Diego County, California 91950-4750 Prepared For Century Development Trust c/o Westone Management Consultants 1640 Broadway Suite A San Diego, California 92101 Attention: Mr. Joseph Scarlatti Prepared By JCEP/Huang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 Project No. 01-C-01946 January, 2005 January 21, 2005 Century Development Trust c/o Westone Management Consultants 1640 Broadway Suite A San Diego, California 92101 Attention: Mr. Joseph Scarlatti Re: Transmittal of PCA Report Lona Manor Apartments 835 East 18th Street National City, San Diego County, California 91950-4750 Dear Joseph: Attached is a hard copy of the referenced report with color photographs 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 January 11, 2005 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, Johnny G. Huang, P.E. Principal 2 • TABLE OF CONTENTS SECTION PAGE 1.0 EXECUTIVE SUMMARY 4 1.1 General Description 4 1.2 General Physical Codition 4 1.3 Recommended Immediate Repairs 5 1.4 Recommended Short Term & Intermediate Term Repairs 5 2.0 SCOPE OF WORK 7 3.0 SALIENT INFORMATION 9 4.0 SYSTEM DESCRIPTION AND OBSERVATION 10 A Electrical 10 B Plumbing 10 C Utilities 11 D Walls, Ceilings and Windows 11 E Recreational Facilities .12 F Sound Transmission Classification (STC) and Insulation 12 G Roofs 13 H Parking Facilities and Driveways 14 Appliances 14 J Mechanical Equipment .15 K Insulation Standards 15 L Structural 15 M Foundations 16 N Landscaping and Irrigation 16 0 Drainage Facilities 17 PHOTOGRAPHS 1 through 20 3 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of an apartment complex known as the Lona Manor Apartments located at 835 East 18th Street in National City, San Diego County, California 91950-4750 (subject property) at the request of Joseph Scarlatti of Westone Management Consultants, Inc. As a part of the PCA, an on -site walk through observation was made on January 11, 2005 with Steve Strebig, Owner; and Barbara, Resident Manager of the subject property. The subject property contains 20 dwelling units housed in one 2-story U-shaped wood framed garden type apartment building. The apartment building has an estimated area of 11,900 square feet. Construction of the facility was completed in 1970 on a suburban lot of an approximated 0.56 acres in the National City. The apartments are numbered 1 through 20 with Apartment 1 through 8 on the ground floor, while the rest are on the second floor. Apartments 14 and 15 are 1 x 1 units, others are 2 x 1 s. Three stairs are provided to access upper level flats. Additionally, this apartment complex also provides 11 garage parking spaces and 9 open surface parking stalls, one community laundry room with two washers and two dryers, and associated hardscape and landscape. Due to the mild climate condition of National City, and like many apartments in the project area, Lona Manor Apartments is not air conditioned for cooling. Heating of the apartments is generated by individual gas -fired wall heaters in each apartment. Domestic hot water for the apartments is provided by individual gas - fired hot water heaters located in the utility closet of each apartment. Except that Apartments 14 and 15 share a hot water heater with the laundry room. Each dwelling unit is furnished with an electric range/oven, dishwasher, garbage disposal, and a refrigerator. Electric distribution panels and individual electric meters are hung on the exterior wall closet of the apartment building. Gas meters are located near the electric meters and are close to the ground. 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. 1.2 General Physical Condition The subject property appears adequately maintained and in overall good to fair condition with few defects noted. Components of the building are composed of durable materials and sturdy construction. It is JCEP/Huang's opinion that the subject property is comparable to other similar properties of similar age in this 4 area and, subject to a continued program of sustained preventative maintenance, the remaining economic life of the subject apartments should exceed 35 years. 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identified: • Management of the Apartments advised that due to the recent rain storms, roof leakage was reported in Apartment 19. The roofing system was under repair at the time of JCEP/Huang's on -site visit (See photo 19). 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 existing 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. 6. Repair/replacement of the heating units and the hot water heaters. 7. Up -grade landscaping and the associated irrigation system. 8. Install dishwasher in each apartment. In addition, the following intermediate term repair items are recommended: • Exterior elements of the building generally appeared worn, it is recommended that all exterior elements be painted following necessary localized repairs. 5 • Re -roof the building. • Seal -coat and restripe the entire asphalt paved driveway and parking lot following necessary repairs. The above works can be incorporated with the planned Renovation Program of the apartments in the next two to three years. 6 2.0 SCOPE OF WORK Scope of Work for this PCA is based upon the requirements as outlined by Westone Management Consultants, and includes the following: A. Electrical B. Plumbing C. Utilities D. Walls, Ceilings and Windows E. Recreation Facilities F. Sound Transmission Classification (STC) and Insulation G. Roofs H. Parking Facilities and Driveways I. Appliances J. Mechanical Equipment K. Insulation Standards L. Structural M. Foundations N. Landscaping and Irrigation O. Drainage Facilities This report represents a statement of the physical condition of the buildings and property based upon visual site observation, professional analysis and judgment, and is current only as of the date of the site observation. The report applies only to those portions of the property and/or items and equipment that were capable of being visually observed. Walls and ceilings were not opened to observe covered, hidden, or concealed conditions. In addition, no sampling was conducted of any property components. Drawings and specifications were not available for JCEP/Huang's review. We have perfotmed our services and prepared this report in accordance with the generally accepted construction consulting practices, and make no warranties, either expressed or implied, as to the character and nature of such services and product. The report is not to be construed as a warranty or guarantee of future building conditions or as an estimate of value. Cost estimates used in the report are preliminary In nature and represent a range of probable costs. Firm price quotations from contractors, vendors, or suppliers would be required for more 7 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 building. 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. 8 3.0 SALIENT INFORMATION Project 01-C-01946 Property Name Lona Manor Apartments Property Address 835 East 18th Street National City, San Diego County, CA 91950-4750 APN 561-060-18 Year Built 1970 Year Renovated The apartments will be renovated within 2 to 3 years. Zoning R-3, 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 Buildings One 2-story wood framed building .. Number of Apartments 20 apartments Owner Century Development Trust Property Manager Barbara Tel: 619-474-6416 Occupancy Rate 100% Basement None Lot Size Approximately 0.56 acres Total Building Area Approximately 11,900 s.f. Number of Parking Spaces Garage spaces: 11,-- Open surface spacesy_9 _ ? = - Total:-2(F>I °j Property Visit Date January 11, 2005 Property Visit Conducted by Johnny Huang, P.E. Accompanied By Barbara, Resident Manager Steve Strebig, Owner Tel: 858-945-4845 Weather Sunny, mid 50's 9 r-, i 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Electrical Description: Electrical services for the apartments are from a San Diego Gas and Electricity owned transformer to the building's distribution panels. Tenants are individually metered for electric services. Power to each building is provided at 120/240-volts. Each apartment is provided with a 120-volt, 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. It is recommended, however, that SDG&E be contacted to examine the electrical system to ascertain the safety of the system. B. Plumbing: Description: Domestic water and natural gas services are by way of underground installation to the property. Plumbing system of the subject apartments includes necessary hot and cold water supplies, drainage, waste, vents and natural gas. Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and 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 individual gas -fired hot water heaters located in the utility closet of each apartment. However, Apartment 14 and 15 and the laundry room share one hot water heater. The laundry room is located beneath Apartment 15. Apartment bathroom fixtures consist of floor supported artificial marble lavatories with wood cabinets, floor mounted water closets and white fiberglass bathtubs with showers. Observations/Comments: Management of the Apartments reported that all gas -fired hot water heaters were strapped to the adjacent walls for seismic safety about two years ago. This assertion was confirmed by our visual observation. Generally, plumbing system of the subject property was observed in good condition, and appeared adequately maintained. As a safety measure, JCEP/Huang recommends that the natural gas system be checked by the utility company. 10 C. Utilities Description: JCEP/Huang was informed by the Management of the apartments that the following companies and municipality currently provide utility services to the subject property: UTILITY PROVIDER Electricity ' San Diego Gas and Electricity (SDG&E) Natural Gas SDG&E Sanitary Sewerage National Cit Potable Water ity 111 1. Solid Waste Removal 2. Pacific Wastes Services — e . Cable Television Cox Telephone SBC On -site utilities are underground. Electrical services are from SDG&E owned transformer with underground conductors routed to the electricaly�, equipment closets attached to the side wall of the apartment building. jam` Tenants are individually metered and billed for electricity. Gas is used for J heating the domestic hot water and cooking. And gas consumption is also individually metered and paid by tenants. Observations/Comments: Observed utility services are in good working orders without obvious distresses noted. As a safety precaution, it is recommended that SDG&E be contacted to examine the electrical and natural gas installations. D. Walls, Ceilings and Windows Description: Exteriors of the apartment building were observed to be composed of operable windows and doors, painted wood railings and light color stuccoed walls with green colored wood trims. Typically, the stucco is likely to be over metal wire lath and water-repellent building paper on plywood backing supported on wood studs and the building structure. Window and door openings are likely to have been reinforced with additional wood members for stress transferring continuity. Apartment unit entry doors are of solid core fire -rated type with twist -action door knobs and dead bolt hardwares. Each unit entry door is also accompanied by a metal framed screen door. Interior doors are typically of hollow core units. Windows are of aluminum framed single glass operable units with meshed metal screens. 11 1 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. Exterior stairs are provided to access the upper level flats. The stairs are constructed of steel stringers with precast concrete treads and painted metal railings. Second floor breezeways/corridors are constructed of light weight concrete over plywood on wood framing with painted metal railings. Management of the property advised that all stair treads were replaced in 1999. Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. Stairs, landings and breezeways/corridors appeared adequately maintained and in good condition. JCEP/Huang was informed that the exterior walls and other exterior elements of the building were painted in 1999. However, the paint has started to fade, or is fading. It is recommended that following necessary repairs of localized defects, a fresh coat of high quality elastomeric paint be applied on the exterior walls and other exterior elements within the next 2 to 3 years. Such work can be incorporated with the planned Renovation of the Apartments. As a part of the planned Renovation Program to up -grade the property, interiors of the apartments will be painted, and windows and doors will be repaired/replaced on an as -need basis. The apartment unit separation walls were not opened for observation. However, Management of the Apartments indicated that the gypsum boards do extend to the roof. It is likely that the separation walls are constructed of gypsum boards on both sides of the studs. If so, and if the gypsum boards are of 5/8-inch thick minimum, the walls should qualify as one -hour fire - rated walls. This condition can be verified when Renovation of the Apartments occur. E. Recreational Facilities There is no recreation facilities associated with the subject property. F. Sound Transmission Classification (STC) and Insulation Description: Wood residential buildings constructed in the 1970'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 has a Sound Transmission Classification (STC) of 59 as per Section 12 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 appear to have provided greater sound and impact attenuation than required by Code. Observations/Comments: No architectural drawings were available for JCEP/Huang's review. But it is the standard practice for wood framed residential structures in the 1970's to have 2 x 6 and 2 x 4 studs at 24" or 16" (cavity walls). Such cavities can easily accommodate enough fiberglass insulations to attain code required sound proofing and weather insulation ratings. It is JCEP/Huang's opinion that the subject Apartments is likely to have STC at 50 or more and insulation valve at R-19 or more. The actual sound proofing and insulation values can be confirmed when the planned Renovation is in progress. G. Roofs Description: No drawings were available at the time of JCEP/Huang's on - site visit. Description of the roofing systems is based on visual observations and information provided by the Management of the Apartments. The roof is likely to be constructed of plywood roof sheathing supported on wood rafters, joists, posts and studs. The building is noted to be weatherproofed by a conventional built-up roofing (BUR) membrane system with a cap sheet. Typically, BUR is comprised of multi -layer of roofing felts intermopped with hot and liquid form asphalt. Cured asphalt acts as the waterproofing membrane, while the felts constitute as the reinforcing for the roofing composition. Rain water is collected by perimeter metal gutters and downspouts. Downspouts then carry water to the paved areas of the property for surface drainage, and to landscaped areas for percolation dissipation. Roofing cement, metal flashings and counterflashings, roof jacks, and other waterproofing materials and devices are implemented at joints of the roof and penetration locations. Conventional BUR system is a proven water -proofing product with a long and impressive performance record. A well constructed system of the 13 1n • project type with proper maintenance effort can easily last between 15 and 20 years depending on number of roofmg felts in the BUR. Observations/Comments: The original roofing system was capped by another sheet of roofmg felt in 1999. This capping system typically elongates the life of the original BUR by 5 to 7 years. Due to roof leakage occurred in Apartment 19, repairing of roof system was in progress at the time of JCEP/Huang's on -site visit (See photo 19). No other signs of roof leakage were noted during JCEP/Huang's on -site walk through observation. The roofing system appeared fairly maintained and in fair condition. However, due to aging, the roofing system should be replaced within the next 2 to 3 years. Re-roofmg can be incorporated with the planned Renovation Program. H. Parking Facilities and Driveways Description: Driving access to the property is by way of city street curb cuts along the cul- a -sac of I Avenue at the northeasterly comer of the site. In addition to pen surface parking, a total of 11 garage parking spaces are provided or a apartments. Asphalt paved parking lot is located on the north side of the building facing I Avenue. And the garages are tucked - under the subject building also facing I Avenue. Observations/Comments: Parking stalls in the garages appear to be large enough to easily accommodate vehicles. Access to and from the property, and parking are adequately designed and convenient for the users. In general, parking facilities and driveways appear adequately maintained and in good to fair condition. However, it is recommended that the asphalt parking lot be seal -coated and V/ striped following necessary repairs in conjunction with the planned Renovation Program. I. Appliances Description: Each apartment is equipped with a gas stove/oven, a refrigerator and a garbage disposal. Due to variations of usages and cares, conditions of the appliances are different from flat to flat. Management of the property advised that the rate of replacement of appliances is at an average of about one unit for each category per year. Observations/Comments: Rate of replacement of appliances is about average for the size of the apartments. We understand that repairs/replacements of the 14 i • appliances will be a part of the planned Renovation Program of the subject property. J. Mechanical Equipment Description: Due to the cool climate condition of the area, and like many apartments in National City; the subject apartments is not cooled by mechanical equipment. Forced hot air heating is generated by individual gas -fired wall heaters in each apartment. Comfort level of the apartments is controlled by the dials on the wall heaters. Bathrooms and kitchens are equipped with wall switches controlled exhaust fans. Exhausts are ducted through the roof. Ventilation of the apartments is by gravity and natural breeze. Observations/Comments: Equipment capacity of the mechanical system appears to be adequate for the intended usages. The mechanical system appears adequately maintained and in good operative condition. Due to wear and tear some mechanical units are approaching or beyond their useful service span. Replacement of mechanical units should be expected. We understand that necessary replacement and repair of wall heaters is a part of the planned Renovation 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. The subject building is primarily constructed of wood framing. Ll. Vertical Support System The roof of the apartment building is likely to be constructed of plywood sheathing over wood rafters, and joists on wood posts and studs. Second floor of the building is constructed of plywood floor sheathing over floor joists on posts and studs. Ground floor of the building is of reinforced concrete slab -on -grade over engineered fills. 15 0 L2. Lateral Support System Wind or earthquake force (these two forces do not occur simultaneously) is transferred by the horizontal diaphragms (roof and floor plywood sheathings) of the building structure 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. Usually, wood framed structures have the following benefits: • Wood members are lightweight; therefore the associated inertia force is low as compared to the heavier steel and concrete structures. • Wood members are easy to handle, structures tend to be redundant. Therefore, additional safety factors may be resulted. It was observed that the spans for the sheathings and the joists for the building appeared moderate, which is good. No structural distresses such as differential settlements, out of square corners, and significant cracks were noted during the property visit. The structure appear to be adequately maintained and in good condition. M. Foundations Description: The building is believed to be founded on conventional reinforced concrete foundation systems. Bearing and shear walls are likely to be on continuous footings, while the posts are on spread footings. The ground floors are of reinforced concrete slabs -on -grade over engineered fills. Observations/Comments: No structural distresses were noted on the visible portions of the foundations. The foundations appeared in good condition. N. Landscaping and Irrigation 16 Description: Landscaping of matured evergreen and deciduous trees, flowers, bushes, and grass is provided along the sidewalk parallel to the city streets and inside the property. Automatic irrigation system is provided for all landscaped areas of the property. Sprinkler lines appear to be PVC with 2" main and branches, sprinkler heads appear to be brass. Observations/Comments: Landscaping and plantings appeared to be adequately maintained and in good condition. Except some bare spots that should be filled with matching plants. Irrigation system appears to be able to provided adequate coverage for the landscaping and planting. Landscaping and irrigation are serviced and maintained weekly by gardening services. Irrigation system of the property appeared adequately maintained and in good condition. However, it is noted that watermarks inducted by irrigation are evident along the lower area of the exterior walls near the ground covers at several building locations. JCEP/Huang recommends that the irrigation system be thoroughly examined. Make necessary repairs and adjustments to ascertain the proper spraying of irrigation water. We understand that landscaping and the associated irrigation will be up- graded as part of the planned Renovation Program. O. Drainage Facilities Description: On -site drainage is primarily surface controlled. Building pads are raised above gradient for proper drainage. Rainwater is collected by metal gutters and downspouts. Downspouts then carry water to the paved surfaces for gravity drain, and onto the landscaped areas for percolation dissipation. Asphalt pavement and concrete walkway are constructed with noticeable slopes that are away from the building structure and converge to swales for proper drainage. It rained heavily for days before the on -site observations, no significant ponding was noted. Rainwater appeared to flow freely off the site and onto the municipal storm drainage system. Observations/Comments: Drainage system of the property appears to have positive slopes that lead water away from the building structures and towards the collection devices. No significant ponding areas were noted during the property visit. Site drainage facilities appeared adequately maintained and in good condition. >> 2 17 PHOTO 3. Access stairs and the ground floor corridor in front of the apartment units. PHOTO 4. Corridor on the second floor. Note: Cracking on the deck that should be repaired. ® Lona Manor, 835 E. 18`h Street, National City Project No.: 01-C-1946 t t i 1 • PHOTO 5. Typical kitchen. PHOTO 6. Typical bathroom. ® Lona Manor, 835 E. 18th Street, National City Project No.: 01-C-1946 i • • PHOTO 7. Typical ceiling fan over the kitchen and dining area. PHOTO 8. Typical gas -fired wall heater. Note: The wall mount smoke alarm. ® Lona Manor, 835 E. 18th Street, National City Project No.: O1-C-1946 • PHOTO 9. The laundry room. PHOTO 10. Gas -fired hot water heater. Note: The unit is properly stropped for seismic safety. ® Lona Manor, 835 E. 18`h Street, National City Project No.: 01-C-1946 L. -1 ' 111 1111 l 1 i 11110111 PHOTO 11. Corridor/breezeway of the second floor. Note: The painted metal railing system. i 11111111111111111111111111111111 PHOTO 12. Typical unit entry door and its companion metal screen. Note: Configuration of the windows. ® Lona Manor, 835 E. 18th Street, National City Project No.: 01-C-1946 • • PHOTO 13. Individual electric meters. PHOTO 14. SD&G owned transformer. Lona Manor, 835 E. 18`h Street, National City Project No.: 01-C-1946 • PHOTO 17. General roof lines of the building. PHOTO 18. Moderate water ponding on the roof. ® Lona Manor, 835 E. 18th Street, National City Project No.: O1-C-1946 i • • PHOTO 19. Roof repair in progress. PHOTO 20. Metal gutter along the low edge of the roof. ® Lona Manor, 835 E. 18th Street, National City Project No.: 01-C-1946 C-1 Project Redevelopment 835 E. 18 Street National City, California Proposed Renovations to the Exterior of Building & Common Area Paint building as follows Building Color (Please see attached) Trim Doors & Railings (Please see attached) Trim Post & Fascia (Please see attached) Entry Doors (Please see attached) Note — colors are subject to change at the request of applicant Roof Replace roof Parking Trash Repair asphalt parking lot & re -stripe Existing block enclosure Add numbers Paint & replace doors Landscaping See landscape Plan Windows Aluminum Windows Title 24 Gas Fired Hot Water Heaters Replace with energy efficient Water heaters General Repairs Fencing & Railings New fence and gates All railings will be brought up to Code or replaced to meet code Doors Four -Panel Entry Door One hour fire rated Laundry Facilities One existing laundry room New Washers & Dryers and enhance the existing laundry room All repairs identified in the physical elements report will he addressed as needed or as part of the reconstruction program Project Redevelopment 835 E. 18 Street National City, California Proposed Renovations to the Interior of Building Walls & Ceilings Walls — New Paint Base Board — New Base Board throughout Ceilings - (Please see attached) Bathroom & Kitchen - (Please see attached) Kitchen Upgraded Cabinets Formica Counter Tops & Back Splash New Sink Microwave & Garbage Disposal Appliances New GE Brand Appliances Stove, Refrigerator Microwave & Flood fan Doors Six panel H/C Interior Doors Flooring New Carpet Linoleum in Bathroom & Kitchen Bathroom Upgraded Cabinets Formica Counter Tops, Back Splash New Sink, Tub & Shower New Toilet Lighting Lighting Package & Ceiling $350 budget Door Hardware Brushed Nickel Note Upgrades will be available to the buyer at time of sale AO n 0 \ \ 9L ` f 2 G ` O • TENTATIVE MAP NO. 835 EAST 18TH STREET CASE FILE NO. S 2005.-08/CUP 2005-14 _ \\/En.r..augum. '*TC_4A, C9a57 2122 AEl AREA IS 0.581 ACRES SiREEi 8470A01 ,.No NET 1 LDl Mm E [Asc _TA carvSsls or s'G o [Yr.rc AAED .o.R IUEX a ,. il° t\-\ / - 4 THE PROPOSED o5E COCvs S OF 20 COND^mN,ov OK:LL, ,ATS 16 - 5. SITE HAS LI CALSIiNL _CVEREO PAID., SPACES A, 6 OPEN 67,2 , SPACES Sl-B Lb.T' }._,- C114ARTER 5€CT1ON 133'; RANCHO DE; LA' NACION A�>'• SAP NO. 166, SHEET 1 OF 1 SHEE 6 702062AP07 LS RAYD iT ARENA_ SESTET BY 4C9"N0 !ERI, P0070, SDR`.T'S 3. NO. NEW SIDES, OR STREET IVP90.207EN"5 ANE nscnccC: B. x0 0.77.0'C i5 PRCOOSEC F0 R INS PROLE, 3. NO NEW CCNSIRLCi1ON M09R'.5 PRCP0i0 IC. E%SnNG IEGA_ ALCE55 10 5001171 FROFERCI LS =RJN 181H STREET 11. PROJECT IS NO1 92 A FLOOD PENT co nppO N47759 AR[I 12. No DEN/DOTS TNON 217 S1AL "AIDS APE PRCP9iD 3. THIS IS NOT A PHASED PENTECT \ .4- i 1\ N \ \ 6 �. ZOT \\\ yL \ AB -,� �v ZONE 8.0111)14.111111 RA YAP STA1FMQ/r I.5 5 1051 OE A CONDO,. NV PRO,C1 A=_ 0[3'E0 .V SECS. :350 C 5E0 0" TT, 5 E 6 lE 00P. n. C COOLS. 101 BER On CONC0AWO4 0Nf.1:1.0 ON TS IS 20 )f(•AE nRmnrnrin ALL THAT oOTTION DE 79E 9E51ER,- HALF 01 Tn, WESTERLY HADF OF TALE SOOTHER, AfAE LOTWARDER SECELOLL L22. DAAOLDELDE LA NACTON. 1M 1.7 OF NATIONAL CLIT. CODA, OF SAr DE O STATE OF c CCCR7N6 a NAP i ERECE NO. i66 '1.E0 :' M f CE OF E CC RC 7000 CR EP On S. L,G. CCIH E2 ♦ 11 1866.ES BED FOILLO, COY ENC Al T E SJ 4ER CORNER OfO WAR''-. SECS.1,2 THENCE CRM > EAST 209 EC, STENCE TD0717 19 1 a0 !CET 72, A INDE PUNT Of WAND. ME CE NORTH 19' REST 202 FELT -HENCE N010 71' EAST 121 FEET, INENCE SOUTN 13' EAST 002 FEE'. THENCE EOuln 71 FF51 '21 FEE' 'O A POINT OD BLOWING Exrsn1G 50-1-PO RESCEv1A:/YCL"I-u211Y PROPOSED: Ru-. Fp 9C5'09110.L/U11n-Fu.I1 (N0 C.8Nm BENCIUM6K ONSF�xUnwv,4BFE BABAS KV BRADS R.0 % 41 /5 ETE2ATE 70.4 s19EEr LAVISENCT E. DOLE L _`091 )AT 79.sl MEAN SEA 1ST, EAmS1TS AN EFSTING EASEMENT RR THE CONSIIDJC0Ct Cf 71(14Es. IANALS OR AQUEDUCTS :CNVEYE0 TO 99I6.81. BROTHERS •ATER CWPANV, A CORPWAPON, 0A5E17 NE 9, 1069. ANC RECORDED OCTOBER •a, 1989 LA BOOK 7. D,6 124 OF DEED, INTEREST NOW \15TS OF RECORD TO CALLIORNN. WATER N 7E4EPNONE COMPANY. A CORPORA1CN. 5A10 DEED DOES NOT CY11MN EKE LOCATION OE SAID EASEMENT. MOO .10 manna NT 1n.A M s,e. • LAND.. ENCNEEP.1uC CGROCRAT10N yyA 2605 CAD.) DEL DLO SOJP1 W IE 221 Yip qT; SAIL GEO,200- C,L 92,8 3'(6 ro ? 1 1 E619; 2E0-000 p/i' iTEVEN 51REBLC. 'INNS, C SATE s1E>E11 51RE8c 'RUSl1E G CENN71 DEESEO['N EN" Ii UST JL' 990 HICJILAI.D DMA ,212 SAN 01ELO, CA 92075 (8.7 345-48AS REVISIONS NTATME SUBDIVISION NAP POR: 835 EAST'18TH STREET ?IAi74AL CITY, CA PN'. 561-060-''8-04 E 00 STEVEN SLNEBLG C/O WESTONE YVNCFYENI COMPANY 8793 BAIBJA AVENUE SAN 01E., CA 92120 OW 268-6200 L '.ANDY<RR ENG'NEI CORPORATION E2905 CS.,ne 0A1 RIa CMIIA 311 C Son g9, _A 9 (Ea)Ff (eta) 260-Da2 !, N. I o1 11Dub_ A/05 .0'. IFc ro.q. No ma 2' CF SHREDDED BARK MULCH SHALL EsE ADDED TO ALL PLANTERS ADJACENT TO UNIT ENTRIES (TYP). PLANT LEGEND PLAT SYFROL BOTAVILAL NAME =MON NA^C 013E pTT 0 Nm8R LC`V()A TYNRA-TTIAAN EXIST/ EXIST. ARGK,TC9 IOENX 015 ,AMANA MING PALM - MLTI•TRNCI TO I81AN �(IBT 2 `. IX.POIOT. cLY) asTOT .Y: M/IN2OPIAd1 (G 3aj (EM4MR N EXIST 4 Exl8T. PHOENIX RDESELETII EXIST B (PTGrT PATE PAP: TO f 1AIN 9F 4 ���\_ yip" EXIST. rttePIE,XALEFEREISREMAIN (ALEPIV PINE) TO ffTtdM EXIST ETAPWOIE 0 MICA (I.IA MAWKFNO REMAIN %IBl IXIS1*15 AA4rAPW0 6g104965 '''',All (LILY-G'-lSE-NY..E) TO EXIST 5 M EXIST MAGNOLIA GRRIEP_ RA ExlOt (MAPIA i 'LI TO REMAN EXIST. MIN) RI (K SPP OP (P0MTOETTIN To REMAIN EXIST I j��GALWId i WIROR4 - Flru Pntl' CL%PRG GdLNId-G dTO tl'OC. 1-10 RATS (JACARANDA, TOR EIMAN TAIA ( A)i0!Mt EXIST 1 EXIST. MesOEA IRR1oIODEO lrO0m15Ni IILr) TO IE`IAM EXIST IS LAWN EIST.IIESOUE (LA9.0 To leIAN EXIST N/A OE%10TM6 '''''' TO !ffi1AN0. EXIST a O (Br 8 F'ARAOI6E)�O F6MAM E3OT 1 ao6TMG RY111d m4 (BGCIEIYTY MJO) TC.AO REMNIXJAaIN EXIST s IS11IG N ERITT OLEANDER (oI.FAOSRrEXFEnaw Ea6T 1 O EkbrMG CMBd JBGRANDF_OR4 (W1TAL P41 10 FEMAN E1ST 1 IXISTVG LIGZTRf1 JAPQLOf1 0 (JAPANESE PRIXET) TO REMAIN EXIST F 0 20 40 60 SCALE IN FEET SCALE, 1' ' 20'-0' NORTH NOTE: ALL [ROGATION IB INSTALLED AND OPERATIONAL. MIXER TO MAINTAIN AND MONITOR TO PROVIDE OPTIMAL PLANT 0 Ulµ W11LE MINIM:ZS. WATER WASTE CONTRACTOR TO VERIPT OPERATION O. AUTOMATIC CCNTRJLLER - VERIFY RUN TR'IE5 ON 0404 STATION TO SEE 71-14T ALL PLANTER AREAS ARE RECEIVING ADEGIOTE PRECIPITATION, TEi NOT OVER -WATERED. CONTRACTOR TO VERIFY OPERAT':oN OF IRRIGATION SYSTEM - REPAIR OR REPLACE OPRINCLER9 A0 NECESSARY - ESP. M AREAS 9A£RE (c3MDOOVER9 ARE BEING FEPLAr'En - SEE NOTE BELOW J AS —BUILT ?RIMING PLANS FOR: 835 EAST 18-H STREET NATIONAL CITY, CA REVISIONS AamlFtlea iAgmru, AG PREPARED '00 STEVEN STgpIC C/0 VFSTONE NPNACEMEMR COMPA'.'Y 0799 BAIBOA AVENUE SAN DIECL, .A 92123 (050) 268-0300 IMF 0 0 Steve Hu7e Landscape Arc(Ie rz; CaLie, San Di, Ca92116 a (619llAJuil :(67 )I-A16 auLM�,m S. 1 a1 2 IDafe:0/31/351.0wn Apr.51 IDvq, N0. L-1 NATIONAL CITY PLANNING DEPT. EXHIBIT CASE FILI i. S-2005-9/CUP-2005-17 DATE: 7/12/2005 ELEVATION at ENTRY GATE on E STREET CONDOMINIUM CONVERSION at 835 E STREET, NATIONAL CITY, CA 92075 i.e., DESIGN -- Architectural Design NORTH ELEVATION WEST ELEVATION EAST ELEVATION 835 EAST 18TH STREET CONDOMINIUM CONVERSION -NATIONAL CITY, CA NORTH ELEVATION i.e., DESIGN 17.92' LIVING (NI CL N CL BED00v1 BATH 0) N 7.16' DI\I\G KITCHEN 25.08' 1 BEDROOM SCALE TYPICAL LIVING UNIT ITS 14 & 15 E 0 LANDMARK ENGINEERING CORPORATION 2605 CAMINO DEL RIO SOUTH SUITE 321 SAN DIEGO, CA 92108 (619) 260-0420 DI \I\ G KITCHEN 3ATH 3ED OOIv 29.35' LIVI\ G CLI WH 1 CL CL 29.35' 2 BEDROOM TYPICAL LIVING UNIT UNITS 2 THR.. 7, 10 T & 16 T-IU 19 3 D OON R 13, L E C SCALE 1"=6' LANDMARK ENGINEERING CORPORATION 2605 CAMINO DEL RIO SOUTH SUITE 321 SAN DIEGO, CA 92108 (619) 260-0420 2270 34.38' DI\I\G -KITCHEN 3ATH LIVI\ G CL r WH CL CL 3438 3ED OON 3EDROO v 2 BEDROOM O) N N SCALE 1"=5 TYPICAL LIVING UNIT TS 1, 8, 9 & 20 E c LANDMARK ENGINEERING CORPORATION 2605 CAMINO DEL RI0 SOUTH SUITE 321 SAN DIEGO, CA 02108 (619) 260-0420 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 23 AGENDA ITEM NO. (ITEM TITLEPublic Hearing - Amendment of the General Plan and Title 18 (Zoning) of the Municipal \ Code to allow for multi -family residential use in the Private Institutional (IP) Zone (Applicant: The Olson Company.) (Case File No. GP-2005-3/A-2005-1/IS-2005-2.) PREPARED ByAngela Reeder EXPLANATION DEPARTMEN1Planning EXT. The attached amendments would add multi -family residential as an allowable use in the City's Private Institutional (IP) Zone. The zone currently accommodates hospital -related uses and prohibits residential development. The amendment proposal was submitted along with an associated development application for condominium units on a 4.5-acre site within the IP Zone, with the intent that they could serve as workforce housing for the neighboring Paradise Valley Hospital. The Planning Commission considered the requested amendment at a public hearing on September 19, 2005. The attached background report describes the proposed amendments in detail. Associated items on this agenda include: • Public Hearing for a Tentative Subdivision Map and Planned Development Permit for 96 condominium units • Notice of Intention to vacate portions of two streets, 7th Street and Pleasant Lane 9 Environmental Review Proposed Negative Declaration N/A MIS Approval Final Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission's recommendation. ,_cr, BfiAR� COMM�SdSIQ�I �i�Ci.OMMENDA� IOlIpp re ldCO rI r rs t r r MENDu royal of the General Plan Amendment and Code Amendment. Vote: Ayes- Graham, Reynolds, Martinelli, Alvarado, Carrillo. No- Baca, Flores. Abstain- Pruitt ATTACHMENTS ( Listed Below) Resolution No. I. Background Report 2. Draft General Plan Language 3. Draft Land Use Code Language 4. Recommended Findings 7. Letter from Paradise Valley ITospital 5. Location Map 8. Written public comments received 6. Proposed Negative Declaration & Initial Study 9. Application A-200 (Rev. 7/03) BACKGROUND REPORT The Planning Commission initiated the proposed amendment at their May 16, 2005 meeting. The impetus for the amendment of the General Plan and Land Use Code comes from the owner (Paradise Valley Hospital) and applicant's (The Olson Company) desire to build a multi -family housing subdivision on the hospital property, which would create housing opportunities for hospital employees. The amendments are needed to allow for the development, as residential development is not a currently allowed in the IP Zone. While the amendments have been requested for the above -mentioned project, it is likely that additional projects may be proposed in the future. The amendment proposes to change the General Plan and Land Use Code to allow multi -family residential development within properties designated as Private Institutional (IP). No other new uses are proposed as a part of this amendment. The area affected, the IP Zone, is comprised of approximately 75 acres or 1.6% of all land within the City. The zone is almost completely developed, as the City itself is urbanized and by and large built -out. The majority of the property zoned IP is located east of Interstate 805, including and centered around Paradise Valley Hospital between 4th and 8th Streets. Five other small areas of town are also zoned IP; however, those include two water towers, two churches/community centers, and one area under the I-805 overpass, which are not likely to be re -developed as a result of this amendment. The IP Zone was created primarily to support Paradise Valley Hospital and uses serving the hospital. Currently, no residential development is allowed in the zone, with the exception of assisted living facilities. The proposed amendment would allow the opportunity for workforce housing nearby one of the largest employers in the City. Detached, single-family development was not proposed to be allowed, as the cost associated with single-family homes is traditionally higher and would be less likely to meet the intent of providing housing for area workforce. Any new residential development in the zone would be subject to the City's existing design regulations for multi -family development and would be permitted up to a density of 22.9 dwelling units per acre. The proposed residential density is the same as the density allowed in the Multi -Family Residential (RM-1) Zone and the Limited Commercial (CL) Zone, each of which abut IP Zoned properties. Also, it should be noted that the IP Zone has a PD (Planned Development) overlay, which would remain and require that all new development would be subject to that discretionary review process. The proposed amendments are consistent with General Plan policies that encourage the creation of home ownership opportunities and infill development that is suitable for families. Additionally, it will increase the potential for National City to meet the housing production requirements of the Housing Element. The following summarizes the effects the proposed Land Use Code amendments to Chapter 18.20 (Institutional Zones). Section numbers at the end of each title correspond to those in the attached Draft Code Amendment. Purpose of the Private Institutional Zone, 18.20.020 and 18.20.030 The amendment will allow multi -family residential development in the IP Zone, in addition to existing permitted uses. Residential development in this zone will require a Conditional Use Permit. DRAFT AMENDMENT TO THE CITY OF NATIONAL CITY GENERAL PLAN 1. Amendment to Chapter VI. PUBLIC SERVICES AND FACILITIES (pgs. 48-49) The General Plan language is shown in strike-through/underline format to indicate the proposed amendment changes. OTHER SERVICES AND FACILITIES Two major land use designations are shown on the General Plan map which relate to public services: • Civic Institutional: Designates property accommodating major public facilities such as schools, parks, and municipal buildings such as the Civic Center and the Public Works Department facilities. • Private Institutional: Identifies quasi -public and private facilities providing basic services to City residents, including educational institutions, medical centers, and certain utilities. The largest part of this zone is made up of Paradise Valley Hospital along with its adjacent properties built or planned for accessory uses; these include businesses to serve the hospital community,, as well as assisted and independent living complexes, and multi -family housing that can serve the workforce population of these uses. 2. Amendment to Section IV. Housing (pg. 29) The amendment proposes to update the Population Density and Building Intensity Table within this chapter to include the following: Predominant Persons Lot Area Equivalent Equivalent Housing per Unit per Unit Building Population Type (1990 Census) (sq. ft.) Intensity Density (du's/acre) (persons/acre) IP multi -family 0 1,900 22.9 47.8 1recreational I18.104.120 .ervices L 1 27 'IDwelli_, 18.104.150 Multiple Family 11=__ 129 Offices and ,118,104.310 IC studios { (Public 18.104.330 C protection facilities i Public 18.104.340 C utilities 30 I !L__ 33 rutdo sing �118.104.370 {�x C x 3. Amend Chapter 18.20 by amending section 18.20.070 to read as follows: 18.20.070 Design regulations. A. Design regulations for institutional zones are set out in Sections 18.20.080 through 18.20.140, unless specified below. For general design and development regulations, see Chapters 18.44 through 18.66. B. Multi family residential development within the IP zone is subject to the RM-1 residential design regulations referenced in Section 18.14.190 of this title. B. Open space requirements for residential multifamily development in the IP zone shall be as required by Section 18.14.301. D. Parking requirements for multi family residential development in the IP zone shall be as required in the RM-1 parking requirements, in accordance with Chapter 18.58. E. Exceptions to the multi -family residential design regulations listed or referenced in this section may be granted in conjunction with the required conditional use permit or site plan review application if consistent with the general plan. RECOMMENDED FINDINGS FOR APPROVAL 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The amendment to the General Plan and Land Use Code, which will allow for multi -family residential development in the IP Zone is in the public interest and is consistent with General Plan policies, since it encourages the creation of home ownership opportunities and since it will increase the potential that the City will meet the state housing production requirements. 6 DRAFT AMENDMENTS TO TITLE 18 (ZONING) The following Code sections are shown in a strike-through/underline format to clearly indicate those sections added/removed as a result of the proposed amendment. 1. Amend Chapter 18.20 by amending Section 18.20.020 to read as follows: 18.20.020 Purpose of the private institutional (IP) zone. The purpose of the IP zone is to recognize and accommodate the assembly of nonprofit quasi public and private facilities into efficient, functionally compatible, and attractively planned administrative centers, medical and retirement centers, cultural centers, educational institutions, multi family housing, and similar uses in conformance with the general plan. (Ord. 1503 § 1 (part), 1976: NCLUC § 973-2) 2. Amend Chapter 18.20 by amending Table XIII in Section 18.20.030 to read as follows: 18.20.030 Principal uses and structures permitted. TABLE XIII USE GROUPS PERMITTED IN INSTITUTIONAL ZONES Use Group I Reference , [ No. Use Group ' Section 1IIc ' IP 1 Areawide permitted uses 18.104.050 ? X I X 2 Areawide ; conditional uses 18.104.060 6 Commercial 1 recreation, indoor 18 104.100 Commercial recreation, outdoor 18.104.110 C C 8 Community, cultural and public Design regulations, 18,20.070 The amendment would allow the same density as in the multifamily residential zones, which is one unit for each full 1,900 square feet of lot area (22.9 units/acre), and would subject any residential development to the multi -family residential (RM-1 Zone) residential design guidelines, open space guidelines, and parking requirements. As with all residential development in commercial zones, exceptions to development standards for residential projects may be allowed. However, a finding that the proposed development project, including any requested exceptions, is consistent with the General Plan will be required in addition to the Conditional Use Permit findings. The proposed amendment will not have a significant effect on the environment as noted in the attached Negative Declaration (ND) and Initial Study, which was circulated for public comment between August 26th and September 19th 2005. No public comments on the environmental review were received during this period. As the amendment is textual only and does not include a specific development proposal, any future residential projects in the IP Zone will be held to existing state and local regulations that control the various impacts of development on the environment. The Planning Commission heard testimony opposed to and in support of the General Plan Amendment from both City residents and hospital employees. The primary opposition to the project dealt with the density being considered and the resulting impacts to neighboring properties, namely traffic and parking. Those supporting the project voiced their interest in becoming homeowners and National City residents, and in the possible increase in surrounding home values as a result of the project. The Commissioner's voted to recommend approval of the General Plan Amendment based on the attached findings. Z 7° • 11S, 3 • 0.0 1 Tik 11111111 II r II J- 11] 1lflhll 11111111El CITY LIMIT 1000 0 1000 2000 Feet IP-PD PROPERTIES POTENTIALLY AFFECTED BY GP-2005-3/A-2005-1/IS-2005-2 7 PLANNING DEPT. 8/24/05 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Description: Amendment to the General Plan regarding allowable uses within the Private Institutional (IP) Zone (GP-2005-3/A-2005-1) Applicant: The Olson Company — Kimberly Duran 9171 Towne Centre Drive Suite 450 San Diego, CA 92122 Address of Project: All properties within the City of National City designated with the Combined General Plan/Zoning designation of Private Institutional (IP), including approximately 75 acres and primarily located around Paradise Valley Hospital at 2400 East 4th Street. *********-**********-*************************-*-********************************* Project Discussion The project is an amendment of the General Plan and the Land Use Code of National City to allow multi -family residential development within the Private Institutional (IP) Zone. The IP Zone includes approximately 75 acres or approximately 1.6% of all land within the City. The majority of this zone is located east of the I-805, surrounding Paradise Valley Hospital between 4th Street and 8th Street. The intent of the IP Zone is to provide for private institutional uses and their accessory uses, with special attention to the Paradise Valley Hospital. The amendment adds multi -family housing as an allowable use in the zone, with the intent that it can serve the workforce population of the other allowed uses. The majority of the zone is currently developed, as the City itself is urbanized and by and large built -out. Proposed Environmental Findings: The Negative Declaration has been considered together with any comments received during the public review process, and that based on the whole record (including the Initial Study and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (IS- 2005-2). t Recycled Paper 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: Amendment to the General Plan regarding allowable uses within the Private Institutional (IP) Zone (IS-2005-2) City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Angela Reeder, AICP, Assistant Planner (619) 336-4310 The project location includes all properties within the City of National City designated with the Combined General Plan/Zoning designation of Private Institutional (IP), a total of approximately 75 acres primarily located around Paradise Valley Hospital at 2400 East 4th Street. The Olson Company 9171 Towne Centre Drive Suite 450 San Diego, CA 92122 Kimberly Duran (858) 784-6527 5. COMBINED GENERAL PLAN/ IP-PD (Private Institutional) ZONING DESIGNATION: 6. ASSOCIATED APPLICATIONS: General Plan Amendment (GP-2005-3) Municipal Code Amendment (A-2005-1) 7. PROJECT DESCRIPTION: The applicant proposes to amend the General Plan and the Zoning Code (Title 18) of National City to include multi -family residential development as an allowable use within the Private Institutional (IP) Zone. The IP Zone is comprised of approximately 75 acres or 1.6% of all the land within the City. The zone is almost completely 9 Initial Study - Page 2 of 18 developed, as the City itself is urbanized and by and large built -out. The majority of the property zoned IP is located east of Interstate 805, including and centered around Paradise Valley Hospital, between 4th and 8th Streets. The intent of the IP Zone is to provide for private institutional uses and their accessory needs, including primarily Paradise Valley Hospital. Currently no residential development is allowed in the zone, besides assisted living type facilities. The amendment proposes to add multi -family housing as an allowable use in the zone, with the intent that it could serve the workforce population of the existing uses. As the proposed amendment is textual only and does not include a specific development proposal, there are no direct impacts to most environmental and community resources. However, all future development projects proposed within the IP Zone will be held accountable under CEQA for their own site -specific impacts. Any future residential projects in the. Zone will also be held to existing state and local regulations that control the various impacts of development on the environment. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use & Planning ❑ Transportation/Circulation ❑ Public Services O Population & Housing 0 Biological Resources 0 Utilities & Service Systems ❑ Geological Problems ❑ Energy & Mineral Resources 0 Aesthetics 0 Water 0 Hazards ❑ Cultural Resources O Air Quality 0 Noise 0 Recreation 0 Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X 1O Initial Study - Page 3 of 18 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. Signatur� J"..7 Date 7/aa/os Printed Name: Angela Reeder, AICP Title: Assistant Planner EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Initial Study - Page 4 of 18 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 4) X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Discussion: There are no scenic vistas identified in the City within or adjacent to property currently zoned IP. As such, there is no impact to scenic vistas. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 4) Discussion: No impact. c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 4) Discussion: No impact. d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1, 4) Discussion: No impact. X X X ►2. Initial Study - Page 5 of 18 Potentially Less Than Less Than No II. AGRICULTURE RESOURCES -- Significant Significant w/ Significant Impact Impact Mitigation Impact In determining whether impacts to agricultural resources Incorporation are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Sources: 1, 4) Discussion: There is no farmland mapped or planned to be mapped within the City; therefore, there is no impact. b) Conflict with existing zoning for agricultural use, or a — X Williamson Act contract? (Sources: 1, 4) X Discussion: There is no land zoned for agricultural use in the City, nor lands with Williamson Act contracts; therefore, there is no impact. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Sources: 1, 4) Discussion: There is no farmland mapped or planned to be mapped within the City; therefore, there is no impact. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1, 2, 4) Discussion: No impact. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1, 2, 4) Discussion: The proposed amendment would allow multi -family residential development within an urbanized area, with the intent of providing workforce housing for adjacent uses. As such, the amendment could actually encourage fewer auto trips and have a positive impact on air quality. The amendment would have no adverse X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X 13 Initial Study - Page 6 of 18 impacts. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1, 2, 4, 6) x Discussion: The proposed amendment would allow multi -family residential development within an urbanized area, with the intent of providing workforce housing for adjacent uses. As such, the amendment could actually encourage fewer auto trips and have a positive impact to air quality. The amendment would have no adverse impact. d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1, 2, 4, 6) X Discussion: The proposed amendment affects the IP Zone, which is intended for private institutional uses including educational centers, medical centers, and other uses likely be considered as sensitive receptors. However, the proposed amendment adds multi -family residential development as a permitted development in the IP Zone. This is not a type of development which would traditionally expose those receptors to substantial pollutant concentrations. Also, the proposed amendment could provide workforce housing near a job center, which could potentially reduce auto trips. As such, the proposed amendment would have no impact. e) Create objectionable odors affecting a substantial number of people? (Sources: 4) Discussion: No impact. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 4) Discussion: No impact. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 4) Discussion: No impact. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X IL} Initial Study - Page 7 of 18 interruption, or other means? (Sources: 4) Discussion: No impact. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 4) Discussion: No impact. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 4) Discussion: No impact. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1, 4) Discussion: There are no adopted habitat conservation plans effective in the proposed amendment area Zone). V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 1, 4) Discussion: No impact. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 4) Discussion: No impact. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1, 4) Discussion: No impact. d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 4) Discussion: No impact. VI. GEOLOGY & SOILS Would the project: X X X (IP Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation IS Initial Study - Page 8 of 18 a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 4, 7) Discussion: The proposed amendment allows multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. It should also be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake - related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. As such, the impact is less than significant. ii) Strong seismic ground shaking? (Sources: 4, 7) 1 _ x Discussion: The proposed amendment allows multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. It should also be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake - related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. As such, the impact is less than significant. iii) Seismic -related ground failure, including liquefaction? (Sources: 4) Discussion: No impact. iv) Landslides? (Sources: 4) Discussion: No impact. b) Result in substantial soil erosion or the loss of topsoil? (Sources: 4) Discussion: No impact. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 4) Discussion: No impact. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 4) Discussion: No impact. X X X X X Initial Study - Page 9 of 18 e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 4) Discussion: No impact. VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 4) Discussion: No impact. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 4) Discussion: No impact. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? (Sources: 4) Discussion: No impact. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 4) Discussion: No impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 2, 4) Discussion: The proposed amendment area is not located within an airport land use plan or within two miles of a public use airport; therefore no impact or safety hazard would occur. x Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 1 X X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 2, 4) Discussion: The proposed amendment area is not located in the vicinity of a private airstrip; therefore no impact or safety hazard would occur. X X 1-7 Initial Study - Page 10 of 18 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1, 2, 4) Discussion: No impact. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 4) x Discussion: The proposed amendment area is located within an existing urbanized area with no wildlands at or adjacent; therefore, no impact or exposure to wildland fires would occur. VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1, 2, 4) Discussion: No impact. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 2, 4) Discussion: No impact. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1, 2, 4) Discussion: No impact. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a mariner which would result in flooding on- or off -site? (Sources: 1, 2, 4) Discussion: No impact. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 2, 4) Discussion: No impact. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X X g Initial Study - Page 11 of 18 f) Otherwise substantially degrade water quality? (Sources: 1, 2, 4) Discussion: No impact. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 2, 4, 7) Discussion: The proposed amendment area (IP Zone) is not located within a mapped 100-year flood hazard area; therefore, there is no impact. • X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 2, 4, 7) • C - x Discussion: The proposed amendment area (IP Zone) is not located within a mapped 100-year flood hazard area; therefore, there is no impact. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1, 2, 4, 7) Discussion: The proposed amendment area (IP Zone) is located in an urbanized area that is not within a failure area of a levee or dam; therefore, there is no impact. j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 2, 4, 7) • U • X Discussion: The proposed amendment area (IP Zone) is several miles inland from the San Diego Bay and is not in close proximity to any other water features that would create the natural disasters mentioned above; therefore, there is no impact. IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation • X Discussion: The amendment proposes to include the option to build multi -family housing in the IP Zone, which is not currently allowed. The IP zone includes approximately 75 acres within the City, located primarily around Paradise Valley Hospital. This area is mostly built -out with institutional uses and is surrounded by single-family neighborhoods to the north and east, by neighborhood commercial and multi -family development to the south, by two-family residential and single-family to the southwest, and by two-family and multi -family development to the west. Should future multi -family projects be submitted as a result of this amendment, it would not divide an established neighborhood and would perhaps improve the transition between the institutional uses currently in the zone and those neighborhoods surrounding them. However, the proposed amendment only allows for additional development potential in the city's Private Institutional (IP) zoning category and does not involve a specific development. As such, any future development projects would be held accountable under CEQA for their own site -specific impacts and there is no adverse impact to the community. 1Q Initial Study - Page 12 of 18 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 4) Discussion: The proposed amendment area is not subject to the local coastal program. The project proposal is to amend the General Plan and Land Use Code to allow a new use in the IP Zone, and there are no changes proposed that would affect languagecurrently in place to avoid or mitigate environmental effects. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources: 1, 2, 4) Discussion: There are no known habitat conservation plans within the amendment area. X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1, 2, 4) Discussion: There are no known mineral resources of value in the proposed amendment area. X X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 2, 4) Discussion: There are no known locally -important mineral resources in the proposed amendment area. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 4) Discussion: No impact. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1, 2, 4) Discussion: No impact. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4, 6) Discussion: No impact. X X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X z6 Initial Study - Page 13 of 18 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4) Discussion: No impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 4) Discussion: The proposed amendment area is not located within an airport land use plan or within two miles of a public use airport; therefore, there is no impact. x f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 4) Discussion: The proposed amendment area is not located within the vicinity of a private airstrip; therefore, there is no impact. X XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 4) X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The proposed amendment allows for additional development potential in the city's Private Institutional (IP) zoning category, but does not involve a specific development. As the amendment proposes to allow multi -family development in a zone where it is currently not allowed, there is the potential for future growth. However, any future growth in the IP Zone as a result of the proposed amendment would be infill and would be held accountable under CEQA for its own site -specific impacts. Therefore, there is a less than significant impact. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 4) X Discussion: The proposed amendment would not displace substantial numbers of existing housing, as the proposed language allows for housing where it is currently not permitted. As such, there is the potential for the proposed amendment to actually result in additional housing opportunities. Also, the proposed amendment only allows for additional development potential in the city's Private Institutional (IP) zoning category and does not involve a specific development. Any future development projects would be held accountable under CEQA for their own site -specific impacts and the current amendment would have no adverse impact. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 4) Discussion: The proposed amendment would not displace substantial numbers of people, as the proposed Language allows for housing where it is currently not permitted. As such, there is the potential for the Z+ Initial Study - Page 14 of 18 proposed amendment to actually result in additional housing opportunities. Also, the proposed amendment only allows for additional development potential in the city's Private Institutional (IP) zoning category and does not involve a specific development. Any future development projects would be held accountable under CEQA for their own site -specific impacts and the current amendment would have no adverse impact. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. The amendment area is currently and will continue to be served by the National City Fire Department, and any future residential development as a result of this amendment will generate impact fees specifically slated for Fire/EMS use. Police protection? (Sources: 1, 2, 4) X Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. The amendment area is currently and will continue to be served by the National City Police Department, and any future residential development as a result of this amendment will generate impact fees specifically slated for Police Department use. Schools? (Sources: 1, 2, 4, 8) X Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. The local school system has seen declining enrollment for the past several years and thus there is space available in all of the system's schools should residential development occur as a result of this amendment. Parks? (Sources: 1, 2, 4) X Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. Any future residential development as a result of this amendment will generate impact fees specifically slated for parks and recreation use. Other public facilities? (Sources: 1, 2, 4) Discussion: No impact. X Potentially Less Than Less Than No Initial Study - Page 15 of 18 XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 2, 4) Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. Any future residential development as a result of this amendment will be required to pay impact fees specifically slated for parks and recreation facilities. Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 2, 4) Discussion: No impact. XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 4, 5) X X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. A comparison of traffic generated from a multi -family project, as opposed to uses currently allowed in the zone, shows that the residential use is less intense with regard to traffic generation. As such, the amendment would have a less than significant impact. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 4, 5) X Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. A comparison of traffic generated from a multi -family project, as opposed to uses currently allowed in the zone, shows that the residential use is less intense with regard to traffic generation. As such, the amendment would have a less than significant impact. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: -1, 2, 4) Discussion: No impact. d) Substantially increase hazards due to a design feature (e.g., 23 Initial Study - Page 16 of 18 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 4) Discussion: No impact. e) Result in inadequate emergency access? (Sources: 1, 2, 4) Discussion: No impact. f) Result in inadequate parking capacity? (Sources: 1, 2, 4) Discussion: No impact. g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 4) Discussion: No impact. XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 2, 4) Discussion: No impact. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 2, 4) Discussion: No impact. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 2, 4) Discussion: No impact. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 2, 4) Discussion: No impact. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 2, 4) X x x X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X ZL± Initial Study - Page 17 of 18 Discussion: No impact. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: 1, 2, 4) Discussion: No impact. g) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion: No impact. XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? x x Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP) zoning category, but does not involve a specific development. Therefore, the proposed amendment would not have a direct substantial adverse effect on certain species as determined by the CA Department of Fish and Game or the U.S. Fish and Wildlife Service. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when Viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X Discussion: The proposed amendment allows for the construction of multi -family residential units in the city's Private Institutional (IP). zoning category, but does not involve a specific development. Even though the amendment allows the potential for future multi -family projects in the IP Zone, which could not occur currently, the proposed area is mostly built -out and any future projects would be infill only. The proposed amendment would not have a substantial cumulative effect on the environment. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: No impact. X z_J Initial Study - Page 18 of 18 REFERENCE SOURCES: Reference # Document Title 1 National City General Plan Available for Review at: City of National City Planning Dept. 1243 National City Boulevard National City, CA 91950 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Draft General Plan and Zoning Code language 5 Traffic Impact Letter, July 2005 6 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 7 SanGIS Interactive Mapping (www.sangis.org) 8 National City School District, July 2005 26 II[OSEng/nearing, /nc. TralllcandTransportat/on 6342 Ferris Square, San Diego, CA 92121 Phone 619-890-1253, Fax 619-374-7247 August 25, 2005 Ms. Angela Reeder City of National City Planning Department 1243 National City Boulevard National City, CA 91950 SUBJECT: Traffic Impact Letter for S-2005-5/PD-2005-3 (96 town homes at 2927 E. 8th St) Dear Ms. Reeder: The purpose of this traffic impact letter is to address the following concerns outlined in your letter to the Olson Company dated June 15, 2005: 1) Comment number 9 on page 2: A Traffic Impact Study is required to adequately determine potential traffic impacts of the development as the intended land use of the property is proposed to change, and 2) Last comment bullet on page 3: A Traffic Impact Letter is required to adequately determine potential traffic impacts of the requested General Plan Amendment, as the permitted uses within the IP Zone is proposed to change. A draft Traffic Impact Study was completed on July 12, 2005. The applicant will submit the study to the City for review with the application packet. No project related traffic impacts were calculated. GENERAL COMPARISON OF INSTITUTIONAL ZONE (IP) USES TO THE PROJECT To determine the range of possible traffic for Institutional Zone (IP) uses, the traffic generation for one acre for various IP land uses is summarized in Table 1. Table 1: Traffic Generation Comparison Per Acre Various IP Land Uses & Traffic Generation Source Medical/Dential Office Building - SANDAG Library - SANDAG Hospital - SANDAG Residential at 23 units per acre (max density) SANDAG Residential at 21.3 units per acre - SANDAG (Proposed Project) Community, Cultural and Public Recreation Services - ITE Elementary School - SANDAG High School - SANDAG Middle School - SANDAG Nursing Horne - ITE Daily Trip Rate Per Acre 500 ADT /Acre 400 ADT /Acre 250 ADT /Acre 184 ADT /Acre 170 ADT /Acre 90 ADT /Acre 90 ADT /Acre 60 ADT /Acre 50 ADT /Acre 50 ADT /Acre Source: SANDAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2002. ITE 7th Edition Traffic Generation, i 7 LOSliwineerina inc. TialiicandTransportatioa Ms. Angela Reeder — August 25, 2005 Traffic Impact Letter for S-2005-5/PD-2005-3 4 As shown in Table 1, the IP Zone could have uses that are calculated to generate as much as 500 Average Daily Traffic (ADT) per acre to as little as 50 ADT per acre. The proposed project is calculated to generate 170 ADT per acre. DETAILED COMPARISON OF INSTITUTIONAL ZONE (IP) USES TO THE PROJECT From the general comparison, the highest generator and lowest generator were evaluated to determine the calculated increase or decrease in ADT, AM, and PM peak hour traffic as compared to the proposed project of 96 town homes. When compared to the highest generator (medical/dental office building), the project is calculated to generate 1,482 fewer ADT. During the AM peak period, the project would generate 96 fewer inbound trips but 22 additional outbound trips. For the PM peak period, the project would generate 20 fewer inbound and 150 fewer outbound trips. The traffic generation and net change are shown in Table 2. Table 2: Traffic Generation Comparison between Highest Generator and the Project AM PM Land Use Rate Size & Units ADT % Split IN OUT % Split IN OUT PROJECT: Residential 8 /DU 96 DU 768 8% 0.2 0.8 12 49 10% 0.7 0.3 54 23 Medical/Dential Building 500 /Acre 4.5 Acre _2250. 6% 0.8 0.2 _108 _27 11% 0.3 0.7 _74 _173 Net Change in Traffic -1,482 -96 22 -20 -150 Source: SANDAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2002. DU - Dwelling Unit; ADT-Average Daily Tragic; Split -percent inbound and outbound. When compared to one of the lowest generators (nursing home), the project is calculated to generate 543 additional ADT. During the AM peak period, the project would generate 3 additional inbound trips and 43 additional outbound trips. For the PM peak period, the project would generate 47 additional inbound and 14 additional outbound trips. The traffic generation and net change are shown in Table 3. Table 3: Traffic Generation Comparison between Lowest Generator and the Project Land AM PM Use Rate Size & Units ADT % Split IN OUT % Split IN OUT PROJECT: Residential 8 /DU 96 DU 768 8% 0.2 0.8 12 49 10% 0.7 0.3 54 23 Nursing Home 50 /Acre 4.5 Acre -225 7% 0.6 0.4 -9 -6 7% 0.4 0.6 -6 -9 Net Change in Traffic 543 3 43 47 14 Source: SANDAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2002. ITE 7th Edition for Nursing Home Trip Generation. DU - Dwelling Unit; ADT-Average Daily Traffic; Split -percent inbound and outbound. 2 LOSEnnineering Inc. Traffic andTransportation Ms. Angela Reeder — August 25, 2005 Traffic Impact Letter for S-2005-5/PD-2005-3 SUMMARY This traffic impact letter addresses the following concerns outlined in your letter to the Olson Company dated June 15, 2005: 1) A Traffic Impact Study is required to adequately determine potential traffic impacts of the development as the intended land use of the property is proposed to change. A draft Traffic Impact Study was completed on July 12, 2005 for the proposed project with 96 town homes. No project related traffic impacts were calculated. 2) A Traffic Impact Letter is required to adequately determine potential traffic impacts of the requested General Plan Amendment, as the permitted uses within the IP Zone is proposed to change. A general review of the institutional zone (IP) uses show that the range of traffic generation within the IP Zone could be as much as 500 ADT per acre and as little as 50 ADT per acre. The proposed project is calculated to generate 170 ADT per acre. A detailed review of upper and lower generation limits shows that the proposed project (96 town homes) is calculated to have: a. Less overall traffic than a medical/dental use (highest potential generator). The project is calculated to generate 1,482 fewer ADT. During the AM peak period, the project would generate 96 fewer inbound trips but 22 additional outbound trips. For the PM peak period, the project would generate 20 fewer inbound and 150 fewer outbound trips. b. More traffic than a nursing home (lowest potential generator). The project is calculated to generate 543 additional ADT. During the AM peak period, the project would generate 3 additional inbound trips and 43 additional outbound trips. For the PM peak period, the project would generate 47 additional inbound and 14 additional outbound trips. Please call me at (619) 890-1253 if you have any questions. Sincerely, LOS Engineering, Inc. Gro� �1k4 ustin Rasas, P.E., P.T.O.E. Principal and Officer of LOS Engineering, Inc. 3 22 AUG 2005 pM 10: 5O Paradise Valley Hospital =Adventist Health August 15, 2005 Ms. Angela Reeder, AICP Assistant Planner City of National City Planning Department 1243 National City Blvd. National City, CA 91950 RE: General Code/Plan Amendment IP Zone GP-2005-3 Dear Ms. Reeder, 2400 East Fourth Street National City, CA 91950 Tel 619-470-4321 As you are aware, Paradise Valley Hospital is in the process of implementing a Campus Master Plan. Two elements of this plan include 4.5 acres set aside for employee work force housing being developed in partnership with The Olson Company and nearly 12 acres for a new senior living village which includes both assisted and independent living multi -story buildings. Paradise Valley Hospital is supportive of a General Plan/Code Amendment to add Multi- family Residential as an allowable use within the IP Zone with proposed language to the effect of "... and multi -family housing that can serve the work force populations of these uses." I want to thank the Planning Department for their consideration of this amendment. Sincerely, A an B. Soderblom President & CEO 30 September 16, 2005 City of national City Planning Department 1243 National City Blvd. National City CA 91950 Re: Olson Company 96-Unit Development Case file No. - S2005-5/PD-2005-3/SC-2005-1/IS-2005-1 Gentlemen: We are concerned about the proposed land development and petition against the change to zoning. The impact of the project densityis too great for the surrounding area to absorb. Homes in this section of the city are required to be on 5,000 a square foot for a single family dwelling which is a little more than 8 units per. Acre. The proposed project is to requesting an increased to 21 1/3 units per acre (4.5 acres divided by 96 units) which is excessive. Even doubling the units per acre will have a major impact on traffic, city streets and government services. The developer is requesting more than 2 V2 times more than what the surrounding homes are required. Under the zoning IP-PD it has been suggested that "these homes are necessary for hospital persona therefore allowable" when the reality of it is Olson Company ( as a private developer) is first offering these homes to the hospital personal then free to sell to the general public. I think a more realistic number of units need to be considered and request that the issue be reconsidered before proceeding. Address 3o3s 30 35 5-1- c-f. ,7 Ali e 364,6' g ?7` 3 d /4 Ei- 30 /s' r 1 5 -. q. -f-1a&I,(,-)*„ h S71. 0 I 31 September 16, 2005 City of national City Planning Department 1243 National City Blvd. National City CA 91950 Re: Olson Company 96-Unit Development Case file No. - 52005-5/PD-2005-3/SC-2005-1/IS-2005-1 Gentlemen: We are concerned about the proposed land development and petition against the change to zoning. The impact of the protect density is too great for the surrounding area to absorb. Homes in this section of the city are required to be on 5,000 a square foot for a single family dwelling which is a little more than 8 units per. Acre. The proposed project is to requesting an increased to 21 1/3 units per acre (4,5 acres divided by 96 units) which is excessive. Even doubling the units per acre will have a major impact on traffic, city streets and government services. The developer is requesting more than 2'/s times more than what the surrounding homes are required. Under the zoning IP-PD it has been suggested that "these homes are necessary for hospital persona therefore allowable" when the reality of it is The Olson Company (as a private developer) is first offering these homes to the hospital personal then free to sell to the general public. I think a more realistic number of units need to be consider-, and request that the issue be reconsidered before proceeding. c 3 2- 3 NATIONAL CITY, CALIFORNIA APPLICATION FOR INITIATION OF A: General Plan Amendment Change of Zone 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 6r-e" 2E05 - 3 Filing Fee S o%, 13 (Q `° Receipt No. 3t / 0413 Date Received 5J5'05 By /" �A6-1 iNt E.A.F. Required A. Fee S t,31a Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. hereby request the National City Planning Commission to initiate proceedings for an amendment to the National City General Plan lad use designation and change of zone on the following real property: APN554-132-2, 3, 4, 5, 6, 7, 8, 9, 10, f, 12, 14, 15, 16, 17, 18 and 19; and 554-133-1, 2, 5, 6, 9, 10, 11, 12, 13 and 14 FROM TO NOTE: Applicant must furnish an Assessor's page obtainable from County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property. Initiation of a General Plan Amendment and Zone Change Application Revised December, 1998 Page 1 of 3 This change is being requested for the ' owing reason(s) (attach additional sheets t' ssary). SeP attached decr•ription UWe understand that should the Planning Commission approve this request that no steps will be taken to hold any hearings on such proposed amendment until the following application forms and fees are subsequently filed with the City: 1. General Plan Amendment application plus filing fee as set by City Council resolution, 2. Zone Change application plus filing fee as set by City Council resolution, 3. Environmental Assessment Form plus filing fee as set by City Council resolution, PROPERTY OWNERS) of all property included in this application: (Attached extra sheets if necessary). Dennis Soappman, Vice President Name: - Name: Pa adise Valley Hospital Signature 4:,9,,4;-.7.‘8"727) Signature (Signature acknowledges ehat this (Signature acknowledges that this application is being filed) application is being filed) Address: 2400 Fa4t 4th Street Address: National City, CA 91950 Phone No. 619-470-4127 Phone No. Fax No. 619-470-4289 Fax No. Date: 5 - O S — Date: Initiation of a General Plan Amendment and Zone Change Application Revised December, 1998 Page 2 of 3 APPLICANT Name: The Olson Company (Please Signature: ( ignature cert i- : that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9171 Towne Centre Drive, Suite 450 San Diego, CA 92122 Phone No. Fax No. Date: 858-784-6527 858-455-5197 611106 Initiation of a General Plan Amendment and Zone Change Application Revised December, 1998 Page 3 of 3 3S City of National City Request for Initiation of General Plan Amendment 96 Townhome units located at 2927 8th Street Applicant: The Olson Company Date: May 4, 2005 Reason for General Plan Amendment Request The Olson Company is requesting a General Plan Amendment for the development of an attached home development located at 2927 East 8th Street between Arcadia Ave. and Harbison Place. Proposed use as essential/desirable to public welfare The proposed residential development represents the creation of affordable workforce home ownership opportunities for staff employed by Paradise Valley Hospital ("Hospital"). Based on an agreement between Paradise Valley Hospital and The Olson Company, homes will be priced and marketed primarily to Hospital employees, and includes restrictions precluding the immediate re -sale of homes as investment opportunities. This request to change the General Plan text to allow multi -family residential use within the Private Institutional (IP) zone would be desirable to the public welfare because it would expand the existing residential community and provide much - needed home ownership opportunities in the City of National City. The proposed development would enhance the surrounding residential neighborhood by providing a high quality development that will increase surrounding property values in the area. Physical adequacy of site The site is adequate in size and shape for the proposed development of an attached home project consisting of approximately 96 units on a 4.5-acre parcel of land. Sufficient site access The site plan is designed to provide residents of the proposed development sufficient access to East 8th Street, which provides quick and easy access to the 805 freeway. In addition, the site is located proximate to the Paradise Valley Hospital, providing an affordable and convenient housing solution for hospital employees. Effect on adjacent community The site is located in a private institutional and residential area. The National City- 8th & Arcadia community is located on 8th Street on the Hospital campus. The Hospital proposes to revitalize the area by partnering with The Olson Company to construct this workforce housing. The low price point and newly built units will provide a quality, unique home ownership opportunity for hospital employees and 36 existing National City residents. The site is located within one mile of local elementary, middle, and high schools, as well as the proposed Education Village, which is a joint venture urban university campus sponsored by San Diego State University and Southwestern Community College. 37 \ 3. City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 4, 2005 24 AGENDA ITEM NO. /)TEM TITLE Public Hearing — Tentative Subdivision Map and Planned Development Permit for 96 residential condominium units on a 4.5-acre vacant site between 6th Street and 8h Street on the east side of Arcadia Avenue (Applicant: The Olson Company) (Case File No.: S-2005-5/ PD-2005-3/IS-2005-1) PREPARED BY Angela Reeder 36-4310 DEPARTMENT EXPLANATION Planning EXT. The attached proposal involves a 96-unit townhome development on approximately 4.5 acres, east of Paradise Valley Hospital along E. 8th Street. It is similar to previous residential developments proposed by The Olson Company and approved by Council (Kalesa, Estrella, and Mariposa Walk). Paradise Valley Hospital has worked with The Olson Company to ensure that the homes are first made available to hospital employees before going on the open market. As 96 new units are proposed, the project would address the need for homeownership opportunities in the City. The Planning Commission held a public hearing on this item at their September 19, 2005 meeting. The attached background report describes the development proposal in detail. Associated items on this agenda include: • Public Hearing for a General Plan and Land Use Code amendment for the Private Institutional (IP) Zone • Notice of Intention to vacate portions of two streets, 7th Street and Pleasant Lane Proposed Environmental Review N/A Negative Declaration MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / CQMMISSION RECOMMENDATION Planning Commission recommends approval of the Tentative Subdivision Map and Planned Development Permit. Vote: Ayes- Graham, Reynolds, Martinelli, Alvarado, Carrillo. No- Baca, Flores. Abstain- Pruitt ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 27-2005 Including Findings and Conditions of Approval Location Map Resolution No.. 4. Site Photographs 7. Received public continent 5. Department and Agency Comments 8. Application 6. Negative Declaration 9. Applicant's Plans (Exhibit A) A-200 (Rev. 7/03) BACKGROUND REPORT The proposed subdivision is located on approximately two city blocks within the Private Institutional (IP- PD) Zone that are bounded by 8th Street on the south, Arcadia Avenue on the west, and 6th Street on the north (see attached Location Map). The site contains slight to moderate sloping topography and includes several contiguous parcels. While it is currently vacant, the property was most recently developed with seven single-family homes and two partially improved streets serving the site, 7th Street and Pleasant Lane. The applicant has demolished the houses and removed the streets in anticipation of the proposed project; the street removal was done without the benefit of City approval. Arcadia Avenue is currently closed between 7th and 8th Streets; as a result, access is now only available from Arcadia Avenue via 7th Street. Surrounding uses include single-family homes to the east, single-family homes and small commercial retail to the south across 8th Street, the San Diego Academy K-12 school to the north across 6th Street, and vacant property and various hospital buildings to the west across Arcadia Avenue. The applicant proposes to build 96 townhouse -style condominiums on the site. The property is owned by Paradise Valley Hospital and their intent for the project is to offer housing opportunities for the hospital workforce. Agreements between the Hospital and applicant (The Olson Company) include pre -qualifying employees and then holding the housing units for employees to purchase below market rate, before offering them to the general public. As residential development is not currently allowed in the Private Institutional (IP) Zone, the General Plan/Code Amendment also proposed by the applicant is required in order to allow this project and a Condition declaring this has been added. The proposed units will be a mix of two and three stories tall (maximum 35 feet) with a basement level two -car garage accessible from the rear of each unit; the two-story units are all end units (see attached Exhibit A). They will have composite shingle roofs, stucco exteriors, wood fascia trim accents for windows and doors on all sides of the homes, and decorative trellis detail work. The building facades feature entry porches with arched openings, with garage entry at the opposite side of each unit. The units include additional amenities such as private patios and decks, options to add additional bedrooms or bathrooms, and a well -varied wall plane design. There will be three floor plans offered, with several options available for the different plans. The floor plan details are shown below: Size Bedrooms Plan 1 1,315 sq. ft. + 2-car garage 2-3 Bathrooms S Plan 2 1,565 sq. ft. + 2-car garage 3-3 3 Plan 3 g g 2-3 3-31/z 1,656 sq. ft. + 2-car garage 3-4 2h i There will be a total of sixteen buildings on -site; each will have six units. Four rows of buildings, 48 units, will be located on the north half of the lot and four rows will be located on the south half of the lot. The units in the northernmost row will face E. 6th Street and the units in the southernmost row will face E. 8th Street. The interior rows of buildings will face each other, separated by 15 to 58-foot wide landscape courtyards. The southernmost row of buildings will be setback 15 to 22 feet from E. 8th Street, and the northernmost row will be 25 feet from E. 6`" Street. Also, all the buildings will be setback a minimum of fifteen feet from both the east and west property lines. All setback areas from street or interior property lines will be landscaped. Vehicular access to the site will be from Arcadia Avenue, connecting to an interior private street network including a main "spine" road and several spur roads. Pedestrian access points from the site will be provided onto both E. 6th and E. 8th Street. The previously existing streets on the site are proposed to be vacated in order to allow for the new development and roadway configuration. Plans also include reopening and fully improving Arcadia Avenue between 7th and 8th Street. Parking is provided for each unit through private, attached, two -car garages. Additionally, there are twenty- nine guest parking spaces, as required by the Code, provided at various locations along the project's access roads and the perimeter of the site (14 on -site, 15 off -site). The access driveways throughout the site separate some of the buildings, and provide vehicular access to each unit's individual garage. The two -car garages do not face any public streets or adjacent properties. Other significant site improvements include a total of approximately 72,000 square feet of open space, where the Land Use Code requires 28,800 square feet (summary provided on applicant's site plan is not exact). The open space is broken down as noted below: • 266 square feet of private open space (approximately) is provided per unit, where 115 square feet is required. • 24,000 square feet of common usable open space (approximately) is provided (including a 1,750 square foot tot lot), where 7,200 square feet is required. Finally, to create level building pads, access driveways, and walkways, four retaining walls will be constructed at various locations along the perimeter of the property. The retaining walls are proposed primarily around the north end of the site and along portions of the Arcadia Avenue frontage. The walls consist of a keystone block system, ranging in height from one to fourteen feet. In addition to the common landscaping around the perimeter of the development area, the pedestrian and vehicular site entrances will be more distinctly and heavily landscaped. A large, open courtyard is provided directly opposite the entrance to the project and includes a 30 by 45-foot tot lot with a rubberized surface. The interior landscaping also includes some planting along the drive aisles between garage openings to soften that building frontage. Site landscaping will consist of a mix of trees, shrubs, vines, and groundcover. The proposed development of 96 units results in a project density of 21.3 units per acre, which is consistent with the General Plan limit of 22.9 units per acre for multi -family residential development. The residential infill development and creation of new home ownership opportunities are consistent with General Plan policy objectives. The new construction will also provide high quality housing with units suitable for families (e.g. two to four bedroom units with two -car garages). Finally, the proposed development should achieve another General Plan policy objective by allowing for mobility in the housing market, as the applicant will make the units available first to the workforce of Paradise Valley Hospital. The design of the townhomes, with twelve of the ninety-six units fronting both E. 6th Street and E. 8th Street, should allow an efficient transition from the single-family residential homes east of the site to the more institutional uses that lie west of the site. Also, the character of development on the south (opposite) side of 8rh Street is more multi -family and commercial as you travel west toward Euclid Avenue. Approximately 400 feet to the west of the proposed site, on the south side of 8`h Street, is a 180- unit multi -family apartment complex built at a density of 30 units an acre. Z The streets proposed to be vacated, portions• of 7th Street and Pleasant Lane, are located completely within the project site. The streets are not identified in the City's Circulation Element as important transportation network components, and formerly served only those homes on the project site. Any connection previously gained from 8th Street north through Pleasant Lane would be replaced, and enhanced, by the proposed reopening and improvement of Arcadia Avenue between 7th and 8th Street. It is important for the project to not negatively impact nearby single-family residences. Although 35-foot tall development is allowed in the neighboring residential zone to the east, the existing structures on the east side of the project site are primarily one-story. As such, the applicant has placed several two-story units along the east property line and increased the side setback in order to reduce the bulk of these structures and impact on adjacent property owners. Property to the west of the site includes an existing two-story building and vacant hospital properties and will not be negatively impacted. The units in the northernmost buildings will be buffered from activity on 6`h Street by a 25-foot wide landscape area. The proposed development meets or exceeds most Land Use Code requirements that will apply if the proposed General Plan/Code Amendment is approved, such as those for on -site parking, minimum unit size, maximum floor area ratio, and open space. However, the southernmost row of buildings are partially located within the required 20-foot setback area along 8th Street and the interior courtyards are less than the required 25-feet in a few spaces. The front yard encroachment is small, and the slightly reduced setback along 8th Street allows for a continuation of the existing setback pattern on the street, as encouraged by City Design Guidelines. Also, the reduced building separation is less critical due to the quality of the proposed landscaping in the courtyards and because it occurs in only a few. Combined wall/fence height also exceeds the eight -foot maximum height in some areas, due to necessary retaining walls on site. The applicant is requesting an exception from these setback and wall height requirements, which the Code allows in subdivisions. These requested exceptions are indicated on the tentative map. EDCO will provide individual trash service for the proposed project; however, discussion with the provider has raised concerns about the serviceability of the design. As collection vehicles cannot turn around on the individual spur roads/driveways, the project will have to be serviced from the main "spine road" on the site, resulting in approximately 192 receptacles lining the spine road once a week. Of course, not all residents may be physically able to push the receptacles that distance. As an alternative, EDCO expressed interest in servicing the site through trash enclosures to avoid potential problems in the future. As such, a condition has been included requiring that trash enclosures meeting City standards be provided if individual service cannot be safely accommodated on site. The development incorporates several desirable features encouraged by City Design Guidelines. The buildings have a considerable amount of wall plane and roofline variation. The front and rear entrances also include aesthetically pleasing details, such as arched openings, trellis and landscaping details, and accent trim. Each unit has a two -car garage, a front porch and a private balcony. The project significantly exceeds City open space requirements, and on -site landscaping consists of a good mix of trees, shrubs and ground cover; turf will be used sparingly. Also, plant sizes typically exceed those recommended by Design Guidelines. The attached proposed Negative Declaration, and the Initial Study supporting it, summarizes the non- significant project impacts to the existing environment. In particular, the effects of traffic generated by the project on nearby roads are considered, as well as the effect existing noise levels will have on the residents of the proposed townhouses (see attached Negative Declaration and Initial Study). For example, the approximate 768 ADT (Average Daily Trips) generated by the project can be handled by 3 adjacent City streets and Arcadia Avenue will connect 7th Street to 8th Street to improve traffic circulation in the area. Staff has had conversations with some residents in the area of the proposed project since the notice of public hearing was mailed/published. Their concerns included items such as the density of the proposed development and its impact on their neighborhood, as well as the parking to be provided by the project. Recommended conditions of approval are attached to this report. Engineering Department conditions require various street improvements (curb, gutter, sidewalk), a hydrology study, and a grading/drainage plan. Several technical studies were prepared for the project and are attached, including a soils report, acoustical study, wetlands/biological letter, and traffic report; these technical studies allowed for complete environmental analysis. Planning Commission held a public hearing on this proposal September 19, 2005. Several area residents and employees from the area spoke at the hearing. Residents expressed concern over the proposed density and the impacts of it on the existing neighborhood to the east, primarily on -street parking. One resident spoke in support of the project, feeling it would increase surrounding property values. Several employees of the hospital and one from the San Diego Academy expressed their support for the project and voiced their interest in becoming homeowners and National City residents. The Commission added a condition requiring the applicant to work to improve a drainage situation with the owner of property at 3005 E. 7th Street, which abuts the project property. While it was the applicant's intent, the Commission also added language to Condition 13, confirming that trash pickup would only occur on the project site and not on exterior streets. The Commission voted to recommend approval of the proposal, finding the creation of 96 homeownership opportunities consistent with the General Plan and a benefit to the residents of the City. RESOLUTION NO. 27-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE SUBDIVSION MAP AND PLANNED DEVELOPMENT PERMIT FOR 96 RESIDENTIAL CONDOMINIUM UNITS ON A 4.5-ACRE VACANT SITE BETWEEN 6TH STREET AND 8TH STREET ON THE EAST SIDE OF ARCADIA AVENUE APPLICANT: THE OLSON COMPANY CASE FILE NO. S-2005-5/PD-2005-3/IS-2005-1 WHEREAS, the Planning Commission of the City of National City considered Tentative Subdivision Map and Planned Development Permit applications for 96 residential condominium units on a 4.5-acre vacant site between 6th Street and 8th Street on the east side of Arcadia Avenue at a duly advertised public hearing held on September 19, 2005, 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 Nos. S-2005-5/PD-2005-3 and IS-2005-1 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 September 19, 2005, support the following findings for the Tentative Subdivision Map and Planned Development Permit. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1 Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, at a density of 21.3 units per acre, is consistent with the uses and density, (22.9 units per acre), allowed in the Private Institutional (IP) Zone, since the proposal adds infill development suitable for families as described in the report, and since there is no specific plan applicable to the property. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on -site, and finally since the development mostly follows the existing contours of the site minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the attached two- and three-story units will buffer an established single-family neighborhood adjacent to the east from existing and future institutional development along E. 8th Street, and since site improvements will provide building sites with adequate slope for driveway access to each unit. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. 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. 7. 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 any easements located on the site will be relocated by condition of approval. 8. 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. 9. 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. 10. 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the rectangular shaped 4.5 acre property can accommodate development of 96 two- and three-story townhouses with two -car garages, fourteen on -site guest parking spaces, private access driveways, and common landscape areas. 3. 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 nearby local residential streets (Arcadia Avenue) and the major collector (E. 8th Street) all have sufficient capacity to handle the additional 768 average daily trips without suffering a significant decrease in their operating levels of service. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the adjacent residential and commercial development, and since the project will buffer the established single-family neighborhood to the east from existing and future institutional activity on E. 8th Street. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for the adjacent hospital workforce population as well as moderate and middle income families, allowing for mobility in the housing market. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS Granting of the requested exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the proposed multi -family residential development (21.3 units per acre) is consistent with the uses and density (22.9 units per acre) allowed in the Private Institutional (IP) Zone, since the General Plan encourages the creation of home ownership opportunities and the infill development suitable for families as described in the attached report, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (IS-2005-01) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the proposed Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for the Tentative Subdivision Map and Planned Development Pennit is approved subject to the following conditions: This Tentative Map and Planned Development Permit authorize the development of 96 townhouse -style condominiums for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, Case File no. S-2005-5/PD-2005-3 dated 7/19/2005. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the zone designation affecting the property, Private Institutional (IP), is amended to allow multi -family housing. 4. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attomey as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Roof ceiling construction will be roofing on plywood. Batt insulation will be installed in joist spaces. The ceilings will be minimum one layer of 1/2 inch gypboard nailed direct. 8. All exterior walls will be 2 by 4 studs with batt insulation in the stud spaces. Exteriors will be plaster or stucco. The interiors will be minimum 1/2 inch gypboard nailed direct. 9. All southeast facing windows and glass doors should be glazed with STC 29 glazing. The glazing supplier should be required to submit test reports documenting the STC ratings. The test report should be done in an independent, accredited testing laboratory in accordance with ASTM E-90. 10. All entry doors should have weather stripping seals on the sides and top. 11. There should be no mail slots in the entry doors. 12. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8 13. If individual trash service cannot be safely accommodated by the provider on site, trash enclosures shall be provided in accordance with city standards. They shall have a stucco exterior to match the buildings. 14. Exterior walls of buildings/walls/fences/trash enclosures to a height of not Less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 15. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 16. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 17. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 18. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. Private, offsite improvements in drainage traversing through the property located at 3005 7th Avenue shall be completed, with permission of the owner for entry. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. The post - construction Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan and drainage plan are available at the Engineering Department. 19. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 20. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8 inch in size with a manhole. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 21. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 22. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address. the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4- inch Class 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Engineering Department requirements. 23. A 10-foot wide sewer easement shall be granted to the City. The easement shall be for all existing sewer mains within the project site and shall be shown on the final map. 24. Street improvements shall be in accordance with City Standards. All missing street improvements (pavement 7200 S.F.; sidewalks 600'; and 450' of curbs) shall be constructed. Abandoned driveway aprons (90' of driveways) shall be replaced with curb, gutter and sidewalks. 25. The deteriorated portions of the existing street improvements (25' of sidewalk on 8th Street) along the property frontages shall be removed and replaced. 26. The curb returns at the comer of 8th Street and Arcadia Avenue shall be 25 foot radius return, complete with new pedestrian ramps and sidewalk. 27. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 28. A separate street improvement plan will be required for the new street located on Arcadia between 7th and 8th Streets. The new street shall be 24' wide with a 6' curb and sidewalk width. The plan shall call out any required right-of-way dedication due to the widening, and shall show the relocation of all existing improvements, such as fire hydrant, utility boxes, poles, etc. in conflict with the work. 29. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 30. A "No Parking," red cub zone shall be provided along the property frontage at the following location: Arcadia Avenue between 7th and 8th Street (on both sides of street). 31. Appropriate intersection control at the Arcadia Avenue/E. 7th Street intersection shall be provided upon the opening of Arcadia Avenue between 7th Street and 8th Street. 32. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 33. Automatic fire sprinkler systems will be required if the project is designed as R-1 occupancy. 34. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 35. Before obtaining final map approval, 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. 36. Prior to the approval of the final map, 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. 37. Prior to the final map approval, the proposed street vacations at 7th and Pleasant Lane shall be approved by the City Council. 38. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 39. All new property line survey monuments shall be set on private property, unless otherwise approved. 40. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 41. 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. 42. 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. 43. The final map shall be recorded prior to issuance of any building permit. 44. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders 1! 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. 45. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Map. 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 September 19, 2005, by the following vote: AYES: VOIrt 0 . edu✓V/ I 1 °, thra h U m, Mdirfi ne ! I (,)U (40f) l d s NAYS: j>au ! Q'/ P©re`SI ABSENT: Fra ABSTAIN: n I et CHAIRWOMAN RM-2-PD STREET VACATION AREA PROJECT LOCATION ZONING BOUNDARY LOCATION MAP Subdivision and Planned Development Permit for 96 residential condominium units, and Street Vacation for a portion of 7th Street and Pleasant Lane S-2005-5 / PD-2005-3 / IS-2005-1 / SC-2005-1 NATIONAL CITY PLANNING DRN. DATE: 5/11/05 INITIAL HEARING: 9/19/05 Site Photographs — 8th Street and Arcadia Avenue 96-unit Subdivision (S-2005-5/PD-2005-3/SC-2005-1) Figure 1: Subject property; looking south toward 8th Street from 7th Street Figure 2: Subject property; looking north toward 6th Street from 7th Street Page 1 of1+ Site Photographs — 8th Street and Arcadia Avenue 96-unit Subdivision (cont.) (S-2005-5/PD-2005-3/S C-2005-1) Figure 3: Arcadia Avenue looking north toward 6th Street from 7th Street Figure 4: Arcadia Avenue looking south toward 8th Street from 7th Street Page 2 of y Site Photographs — 8th Street and Arcadia Avenue 96-unit Subdivision (cont.) (S-2005-5/PD-2005-3/SC-2005-1) Figure 5: East property line; looking south from 6th Street Figure 6: Looking west across Arcadia Avenue from subject property Page 3 of LI c' Site Photographs — 8th Street and Arcadia Avenue 96-unit Subdivision (cont.) (S-2005-5/PD-2005-3/5C-2005-1) Figure 7: Looking southwest across 8th Street from subject property Figure 8: Looking southeast across 8th Street from subject property Page 4 of 4 City '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 96 NEW HOMES AT 8TH AND PLEASANT LANE Date: June 14, 2005 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer 14 JI M1200i PH 3:01 Via: Stephen M. Kirkpatrick, City Engineer Subject: 96 NEW HOMES AT 8TH AND PLEASANT LANE 1. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 2. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 3. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. ® Recycled Paper 1�, • Planning Department June 14, 2005 Page 2 4. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. The post -construction Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan and drainage plan are available at the Engineering Department. 5. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project . 6. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8 inch in size with a manhole. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 7. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 8. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Engineering Department requirements. • • Planning Department June 14, 2005 Page 3 9. A 10' foot wide sewer easement shall be granted to the City. The easement shall be for all existing sewer mains within the project site and shall be shown on the final map. 10. Street improvements shall be in accordance with City Standards. All missing street improvements (pavement 7200 S.F.; sidewalks 600'; and 450' of curbs) shall be constructed. Abandoned driveway aprons (90' of driveways) shall be replaced with curb, gutter and sidewalks. The deteriorated portions of the existing street improvements (25' of sidewalk on 8th Street) along the property frontages shall be removed and replaced. The curb returns at the corner of 8th Street and Arcadia Avenue shall be 25 foot radius return, complete with new pedestrian ramp and sidewalk. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 12. A separate street improvement plan will be required for the new street located on Arcadia between 7th and 8th Streets. The new street shall be 24' wide with a 6' curb and sidewalk width. The plan shall call out any required right-of-way dedication due to the widening, and shall show the relocation of all existing improvements, such as fire hydrant, utility boxes, poles, etc. in conflict with the work. 13. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 14. NO PARKING red cub zone shall be provided along the property frontage at the following location: Arcadia Avenue between 7th and 8th Street (on both sides of street). 15. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. • • Planning Department June 14, 2005 Page 4 FINAL MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 2. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 4. The proposed street vacations at 7th and Pleasant Lane shall be approved by the City Council prior to the final map approval (See Planning Department). 5. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 6. The final map shall be recorded prior to issuance of any building permit. 7. All new property line survey monuments shall be set on private property, unless otherwise approved. 8. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha 96homes REV. 5/4/05 CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 8 MN 2005 PM 1: 00 MEMORANDUM DATE: June 7, 2005 TO: Angela Reeder, Assistant Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: S-2005 / PD-2005-3 Comments and Recommendations: 1) This project will have an estimated fire flow requirement of 3,500 gpm measured at 20 psi residual with a flow duration of 3 hours. 2) Fire hydrants will be required with a separation distance of 300 feet. 3) Minimum street widths of 20 feet with radius of 28 feet. 20 feet wide streets are no parking streets. 4) If project is designed as R-1 occupancy, automatic fire sprinkler systems will be required. 2,2 • • rage 1 of 1 William Strasen From: William Strasen Sent: Monday, May 30, 2005 1:09 PM To: Angela Reeder Cc: Lanny Roark Subject: S-2005-5 / PD-20053 6 JUN 2005 PM12:03 Upon review of the 8th Avenue and Arcadia Avenue Project, as with similar projects, the Police Department requests that the project comply with our provisions of Crime Free Multi -Housing criteria and the Crime Prevention Through Environmental Design (CPTED) standards as a condition of approval. We will make personnel available for on-sitev'- / in ton or to meet with developers. Willis Interim Sergeant ative Staff Sergeant 5/30/2005 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619)J 0m 1:08 ROGER G. POST - DIRECTOR May 24, 2005 FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: Case File No: S-2005-5 / PD-2005-3 Tentative Subdivision Map and Planned Development Permit for 96 homes at 2927 E. 8w Street This Tentative Subdivision Map and Planned Development Permit have been submitted for Planning Commission consideration. The applicant proposes to build 96 three-story, attached homes on a 4.5 acre site located east of Arcadia Avenue, between 6th and 8th Avenue. The homes will all be three -bedroom units with a two -car garage and between 1,315 and 1,646 square feet of habitable space. The development will be served by a private road, with primary access from Arcadia Street off of East 8th Street. A separate but related application (SC-2005-1) has been submitted to request vacating portions of East 7`h Street and Pleasant Lane that currently cross the property. Please submit your comments or recommendations on the proposed project by June 7, 2005. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4311. Thank you. Angela Reeder Assistant Planner No comments JC/&7 /,(-)G 6As L Lcei2iL rNciA-i TiL s/�J CO.U/ LPL? Z�� ✓ o)° ,e s Z. L aL/J E. cc: Building & Safety Department Engineering Department Fire Department Police Department SBC Cox Cable Ultro yyyyics, Inc x F Y PR GL Bleh�l Sweetwater A uthority Fair Housing Council ® Recycled Paper 2tA • 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 June 6, 2005 B JUN 2005 PM 1:08 GOVERNING BOARD W.D. "BUD' POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM" DOUD NICK INZUNZA MARY SALAS MARGARET COOK WELSH WANDA AVERY TREASURER MARISA FARPON SECRETARY DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER Ms. Angela Reeder, Assistant Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: CASE FILE NO. S-2005-5/PD-2005-5 ASSESSOR'S PARCEL NUMBERS: 554-132-2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19 & 554-133-1, 2, 5, 6, 9, 10, 11, 12, 13, & 14 PROPOSED VACATION OF 2927 E. 8TH STREET, NATIONAL CITY, BETWEEN ARCADIA AVENUE AND HARBISON PLACE, AND PROPERTY MERGER SWA DEV. FILE: 8TH AVENUE AND ARCADIA AVENUE, NATIONAL CITY This letter is in response to a Tentative Subdivision Map and Conditional Use Permit for the subject project. There is a 2-inch water main in Pleasant Lane that extends approximately 200 feet from E. 8th Street. Sweetwater Authority's (Authority) records indicate that there are two existing services off this 2-inch main, and various other services for the other lots, which are shown on the attached sketch. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements, as well as a site plan, street improvement plan, irrigation plan, plumbing plan (showing total fixture -unit count), fire sprinkler plans, and calculations (if required). Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with the Authority prior to issuing a building permit. If the development has a private fire system, the Authority will require that an approved double check detector be installed on that system. If there are common domestic meters, we will require the installation of approved reduced pressure principle backflow assemblies on those services. Any landscape or irrigation meters also will require reduced pressure principle backflow assemblies. If the Owner provides the required fire flow information and entersinto an agreement for water facility improvements with the Authority, water service can be obtained at a A Public Water Agency Serving National City, Chula Vista and Surrounding Areas 25 4 • • Ms. Angela Reeder City of National City Planning Department Re: Proposed Vacation of 2927 E. 8th Street, N.C. June 6, 2005 Page 2 of 2 pressure ranging from a maximum of 83 psi to a minimum of 73 psi. The Authority requires a 10-foot horizontal separation between sewer and water laterals. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY ctor Martinez Engineering Manager HM:LJE:jg Enclosure: photocopy of 1/4 SEC. 105 map cc: Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 Ms. Kimberly Duran The Olson Company 91717 Towne Centre Drive, Suite 450 San Diego, CA 92122 Mr. Rick Bird, Sweetwater Authority I:\engr\Dev\8th Avenue & Arcadia Place (Olson Co.)1Corresp\wtravl_8th arcadia.doc Thla map was developed by Sweelweler Auttgdy for internal illustralton only, d is not designed to provide technical detsll, and should not ba used for any otltor purposes without the express written permission of Sweetwater Authority, Sweetwater Authody - http'llswacet. sweetwater.arg 505 Garrett Avenue Chula Vista, GA 91912-2328 (619) 420-1413 FAX: (019) 425.7469 Local on of water feebler are approximate only, based on record Information. For a more accurate Iawlon water factlilo must be 600 located Cell U.S.A. a 1-800-422 4133 two days prior 10 oxcavonon. The prrcal or road data shown on this rep it,, proprietary information. The use this rnforrnation is pursuant to sublicense dreernenl only. Any resale or mllcvnsin9 of MIS mlarnation Is prohiblled, except In accordance with such sublirensing oyreements. SenO15-htlpl/wxw.salgis.org i�Ec 1010 Second Avenue, Suite 130A Son Grego, CA 92101-4903 Subject Property: 8th & Arcadia 1/4 SEC. 105 SCALE: 1 INCH = 200 FEET 1E1:11111=31 A WASTE & RECYCLING COMPANY www.edcodisposal.com September 7, 2005 Victoria La Vorgna The Olson Company 9171 Towne Centre Drive, Ste. 450 San Diego, CA 92122 Re: Paradise Walk, National City, CA 91950 Dear Victoria, This letter is to inform you that EDCO will be able to provide waste collection service for the Paradise Walk project in National City. While the design of the project will make it difficult to service each home individually, EDCO will pick up trash and recycling carts along the central "spine" road. We look forward to working with you in the future to design developments that accommodate individual or dumpster pick-up for your residential projects. Our entire organization looks forward to servicing you and is confident we will exceed expectations. Please feel free to contact me when I can be of service at (619) 287-5696 ext. 4213 or at ysnyder@edcodisposal.com. Sincerely, Yvette Snyder Yvette Snyder Account Representative EDCO 24'2 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Description: Paradise Walk Subdivision and Development of 96 Residential Condominium Units (IS-2005-1) Applicant: The Olson Company — Kimberly Duran 9171 Towne Centre Drive Suite 450 San Diego, CA 92122 Address of Project: Approximately 4.5-acres of vacant parcels located at 2927 8th Street, bounded by 6th and 8th Streets to the north and south, and by Arcadia Avenue on the west, within the City of National City Project Discussion The applicant proposes a subdivision and the development of 96 residential townhome units, with unit sizes ranging from 1,315 to 1,646 square -feet. The project is located on approximately two city blocks north of 8th Street and west of Arcadia Avenue within National City. The project site is approximately 4.5 acres in size and is situated between the Paradise Valley Hospital campus, an existing developed single-family neighborhood, and multi -family apartments. The site is currently vacant, but was previously developed with single-family homes. The site topography is flat to moderate sloping. Environmental Findings: The Negative Declaration (IS-2005-1) has been considered together with any comments received during the public review process, and that based on the whole record (including the Initial Study and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (IS- 2005-1). Recycled Paper 21 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: Paradise Walk Subdivision and Development of 96 Residential Condominium Units (IS-2005-1) City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Angela Reeder, AICP, Assistant Planner (619) 336-4310 Approximately 4.5-acres of vacant parcels located at 2927 8th Street, bounded by 6th and 8th Streets to the north and south, and by Arcadia Avenue on the west, within the City of National City The Olson Company 9171 Towne Centre Drive Suite 450 San Diego, CA 92122 Kimberly Duran (858) 784-6527 IP-PD (Private Institutional) 6. ASSOCIATED APPLICATIONS: Subdivision Map (S-2005-5) Planned Development Permit (PD-2005-3) Street Vacation (SC-2005-1) 7. PROJECT DESCRIPTION: The applicant proposes a subdivision and the development of 96 residential townhome units, with unit sizes ranging from 1,315 to 1,646 square -feet. The project is located on approximately two city blocks north of 8th Street and Initial Study - Page 2 of 2 west of Arcadia Avenue within National City. The project site is approximately 4.5 acres in size and is situated between the Paradise Valley Hospital campus, an existing developed single-family neighborhood, and multi -family apartments. The site is currently vacant, but was previously developed with single-family homes. The site topography is flat to moderate sloping. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use & Planning ❑ Population & Housing O Geological Problems ❑ Water O Air Quality O Transportation/Circulation O Biological Resources O Energy & Mineral Resources O Hazards O Noise 0 Public Services ❑ Utilities & Service Systems O Aesthetics O Cultural Resources ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X 911 Initial Study - Page 3 of 3 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." Art ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. Signature a .#.1(1412._ Date $Vaa /c Printed Name: Angela Reeder, AICP Title: Assistant Planner EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Initial Study - Page 5 of 5 II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Sources: 1, 4) Discussion: National Citya is be mappedprimarily built -out community and there is no farmland mapped or planned to impact designated farmland resources. within the City, or more specifically on the project site. Therefore, the proposed project would not b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 4) Potentially Significant Impact Less Than Significant w/ Mitigation Incorporation Less Than Significant Impact No Impact ❑ X Discussion. The proposed project site is located in an urbanized area, with no farmland on or adjacent to the property. The entire site is disturbed and was previously developed with single-family homes; therefore, no impact to agricultural properties will occur as a result of the proposed project. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. X supporting the adjacent hospital, and does not have a Discussion: The proposed project site is zoned for private institutional development and development therefore, the proposed project would have no impact on agricultural al zn onedca contract associated with the land; as. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Sources: 1, 4) Potentially Significant Impact Less Than Significant w/ Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 4, 9) ❑ DiscDiscussion: The Regional Air X ussion: implementation tools with Areir a residential Strategy teg site design; San Diego County (R proposedQS) does not include would any design ieith the plans and there is no impact. Also, the project includes several aspects which reduce pollutant gn, therefore, the project not conflict discharge, including ample and appropriately designed dsp• g island effect, lack of wood fireplaces which pr du edele deleteto rious ssions,uce airn ditioning and added peand heat destrian transportation connections to reduce vehicle trips. Initial Study - Page 4 of 4 e different ats; however, lead 8. s in only a suggested faddressthead questions from this cheencies are free to cklist that arer elevantevant to a project's agencies should normally add q environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The msignificance tigation measure identified,riteria or threshold, any, to reduce the impact to question; and significance. b) The mitigation ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 4) Discussion: There are no designated scenic vistas nearby or across the proposed project site. project Also, existing og scenic vistas within other areas of the City are protected by height restrictions of 35 feet; t exceed 35 feet. As such, no vistas would be adversely impacted by the proposed project and there is no impact. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 4) Discussion: The proposed project site is previously disturbed and does not contain any scenic resources; therefore, there would be no impact. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X ❑ ❑ X c) Substantially degrade the existing visual character or — quality of the site and its surroundings? (Sources: 1, 2, 4) within on: The proposed andect site has surroundedpreviously by single-developedand multi -family and is residentially us -es, vacant. Tcommercial, and within an urbanize institutional development; therefore, development of the site would have no adverse impacts to the visual character of the site. d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1, 3, 4) Discussion: lighting ingcgene generated byuthefmulti-family site would be also required to follows trian and vehicular safety City ordinances regarding reasons; mhowever,g g g minimized spillage onto neighboring properties and public rights -of -way. Therefore, there would be a less than significant impact from the proposed project. X 33 September 16, 2005 City of national City Planning Department 1243 National City Blvd. National City CA 91950 Re: Olson Company 96-Unit Development Case file No. - S2005-5/PD-2005-3/SC-2005-1/IS-2005-1 Gentlemen: We are concerned about the proposed land development and petition against the change to zoning. The impact of the project density is too great for the surrounding area to absorb. Homes in this section of the city are required to be on 5,000 a square foot for a single family dwelling which is a little more than 8 units per. Acre. The proposed project is to requesting an increased to 21 1/3 units per acre ( 4.5 acres divided by 96 units) which is excessive. Even doubling the units per acre will have a major impact on traffic, city streets and government services. The developer is requesting more than 2'A times more than what the surrounding homes are required. Under the zoning IP-PD it has been suggested that "these homes are necessary for hospital persona therefore allowable" when the reality of it is Olson Company ( as a private developer) is first offering these homes to the hospital personal then free to sell to the general public. I think a more realistic number of units need to be considered and request that the issue be reconsidered before proceeding. Address 1L 7y( 30 3 5 7t` gt . 3os- , AI. h e 30/4 E 77A' S%/ 3a /f E 4 (04 1 S� tlti,�e Initial Study - Page 20 of 20 REFERENCE SOURCES: Reference # Document Title 1 National City General Plan 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Paradise Walk Project Plans 5 Paradise Walk Biological Letter, February 2005 6 Paradise Walk Acoustical Analysis, April 2005 7 Paradise Walk Geo-Technical Study, January 2005 8 Paradise Walk Traffic Impact Analysis, July 2005 9 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 10 Comments from EDCO, June 2005 11 SanGIS Interactive Mapping (www.sangis.org) 12 National City School District comments, July 2005 13 Environmental Assessment Form for project 14 Co. of San Diego Department of Environmental Health website (www.sdcounty.ca.gov/deh/) 15 Comments from National City Fire, Police, & Engineering Departments 16 Comments from Sweetwater Authority 17 Phase I Environmental Site Assessment Report for site Available for Review at: National City Planning Dept. 1243 National City Boulevard National City, CA 91950 online National City Planning Dept. online National City Planning Dept. • Initial Study - Page 19 of 19 Discussion: The proposed project would be served by the National City Sewer District which has an adequate capacity to serve the project's demand. There is adequate capacity for the disposal of wastewater for the project; therefore, there is no impact. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? — — (Sources: 1, 2, 4, 10) Discussion: The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has indicated that they will be able to accommodate the project's solid waste disposal needs; therefore, there is no significant impact. g) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion: The proposed project would comply with all federal, state, and local statues and regulations related to solid waste; therefore, there would be no significant impact. XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Discussion: The proposed project would not have a direct substantial adverse effect on certain species as determined by the CA Department of Fish and Game or the U.S. Fish and Wildlife Service, since the project is located in a fully urbanized area on a previously disturbed site. 11 X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when Viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X X Discussion: The proposed project would not have a cumulative substantial effect on the environment, since the project is located in a fully urbanized area on a previously disturbed site. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: The proposed project would not have an environmental effect which will cause substantial adverse effects on human beings, either directly or indirectly, since the project is located in a fully urbanized area on a previously disturbed site. X Initial Study - Page 18 of 18 required per the National City Municipal Code. As such, the development would not result in inadequate parking capacity and there is no impact. g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 4, 8) Discussion: The proposed project has incorporated several pedestrian access points into the site, including one to 8th Avenue, which has a main bus line for the City. The proposed project would not conflict with any adopted policies, plans or programs supporting alternative transpiration and therefore, there is no impact. XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 2, 4) X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The proposed project would be designed to appropriately treat wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board: therefore, there is no impact. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 2, 4, 15) Discussion: The proposed project is located in an urbanized area with existing water and wastewater facilities with adequate capacity; therefore, there is a less than significant impact. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 2, 4, 15) X X Discussion: The proposed project includes on -site drainage facilities that are adequate to handle the effects of the proposed construction, as required by City ordinances; therefore, the project would have no significant impact. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 2, 4, 16) X Discussion: The proposed project is located within an urbanized area with existing water facilities, and on a site which was previously developed with single-family homes being served by Sweetwater Authority. There are adequate water supplies available for the project from existing resources, and the project will include cooperation with the service provider to ensure sufficient systems are made available on -site; therefore, there is a less than significant impact. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 2, 4, 15) X Initial Study - Page 17 of 17 Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 4, 8) Discussion: According to a Traffic Impact Analysis dated July 12, 2005, by LOS Engineering, Inc., the proposed project would not cause a significant increase in traffic. The traffic study states that the project and 96 multi -family units will result in a approximately 768 average daily trips. Six different scenarios were considered (existing, existing plus project, existing plus cumulative, existing plus cumulative plus project, build -out, and build -out plus project). In each case, no project traffic impacts were calculated and study segments were found to continue to operate under capacity; therefore, the project would have a less than significant impact. Impact, Incorporation Impact b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 4, 8) Discussion: According to a Traffic Impact Analysis dated July 12, 2005, by LOS Engineering, Inc., the proposed project would not cause a significant increase in traffic. The traffic study states that the project and 96 multi -family units will result in a approximately 768 average daily trips. Six different scenarios were considered, including a scenario including the cumulative effects of several nearby projects. In each case, no project traffic impacts were calculated and study segments were found to continue to operate under capacity; therefore, the project would have a less than significant impact. X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 4, 8) Discussion: The proposed project does not contain any components that would result in a change in air traffic patterns; therefore, there is no impact. X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 4, 8) Discussion: The entrance to the proposed project site is from a public right-of-way (Arcadia Avenue), and the private streets accessed by Arcadia Avenue have been designed in accordance with private road standards acceptable to the City Engineering and Fire Departments. The only land uses proposed are the residential units and accessory uses typical to residential development (parking, open space, mail kiosk, playground, etc); therefore, there is no impact. X e) Result in inadequate emergency access? (Sources: 1, 2, 4, 8) X Discussion: The proposed project's main entrance to the project is from the public right-of-way (Arcadia Avenue). The private streets that are accessed by Arcadia Avenue have been designed in accordance with private road standards acceptable to the City of National City Fire Department for the allowance of larger emergency vehicles; therefore, there is no impact. f) Result in inadequate parking capacity? (Sources: 1, 2, 4, 8) X Discussion: The proposed project is providing a two -car garage for each unit along with guest parking as Initial Study - Page 16 of 16 response time for this neighborhood would not be adversely impacted as plans include opening and improving a public street abutting the property that is currently closed for better access. Also, the development will generate impact fees specifically slated for Police Department use that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Schools? (Sources: 1, 2, 4, 12) X Discussion: The proposed project would not result in adverse impacts to City schools. The project site is served by Ira Harbison Elementary, Granger Jr. High and Sweetwater High Schools. The local school system has seen declining enrollment for the past several years and thus there is space available in all the system's schools. The potential number of school children resulting from this project will not adversely affect the school system; therefore, there is no significant impact. Parks? (Sources: 1, 2, 4) Discussion: The proposed project would not result in adverse impacts to City parks. The project incorporates ample open space for residents (more than twice City requirements), as well as a playground/tot lot for use by the future residents. Also, the development will generate impact fees specifically slated for parks and recreation use that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Other public facilities? (Sources: 1, 2, 4) 11 X Discussion: The proposed project would not substantially adverse other pubic facilities. Existing public facilities are adequate to support the project and impact fees for other facilities, such as Library fees, are required to supplement any additional requirements brought about by the development; therefore, there is no significant impact. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 2, 4) Discussion: The proposed project incorporates a recreational amenity on -site and the City requires impact fees be paid for parks and recreation facilities for new residential projects; therefore, there is no significant impact. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 2, 4) X X Discussion: The proposed project includes an active recreational area in the center of the project site. The area will be used for a playground (tot lot) and as open space area for the proposed homes. This development will not have an adverse physical effect on the environment or require the expansion of recreational facilities which might have an adverse effect; therefore, there is no impact. XV. TRANSPORTATION/TRAFFIC Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact —!J Initial Study - Page 15 of 15 XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by , proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 4) Discussion: The proposed project is a residential development on a previously developed site that includes 96 new multi -family units, at a maximum density of 21.3 units/acre. While the development would result in new population growth on the proposed property, the site is within a urbanized area with few vacant properties and mainly infill development potential only. As such, there is a less than significant impact. Potentially Significant Impact Less Than Significant w/ Mitigation Incorporation Less Than No Significant Impact Impact b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 4) Discussion: The proposed project would not displace substantial numbers of people, as the project site is currently vacant and plans include the development of new housing; therefore, there is no adverse impact. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 4) Discussion: The proposed project would not displace substantial numbers of people, as the site is currently vacant and plans include the development of new housing; therefore, there is no impact. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 2, 4) Potentially Significant Impact Less Than Significant w/ Mitigation Incorporation Less Than Significant Impact No Impact X Discussion: The proposed project would not result in adverse impacts to fire protection services. The project site is currently and will continue to be served by the National City Fire Department. Typical response time for this neighborhood would not be adversely impacted as plans include opening and improving a public street abutting the property that is currently closed for better access. Also, the development will generate impact fees specifically slated for Fire/EMS use that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Police protection? (Sources: 1, 2, 4) X X Discussion: The proposed project would not result in adverse impacts to police protection services. The project site is currently and will continue to be served by the National City Police Department. Typical Initial Study - Page 14 of 14 a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 4, 6) X Discussion: An acoustical analysis of the proposed project identified that by glazing all southeast facing windows and glass doors with STC 29 glazing, the project will comply with requirements of the State Building Code and City ordinances with regard to noise for multi -family project. This requirement is incorporated into project plans, and therefore there is no impact to new residents. Also, the proposed project is a multi -family development, which by its nature would not typically generate noise levels in excess of local standards to affect neighboring properties. The noise generated from the construction phase of the proposed project will also be conducted in accordance with the City's noise ordinance; therefore, there is no impact. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1, 2, 4, 6) X Discussion: The proposed project is a multi -family development, which by its nature would not typically generate groundbome vibration or noise levels in excess of local standards. Also, the noise generated from the construction phase of the project will be conducted in accordance with the City's noise ordinance; therefore, there is no impact. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4, 6) Discussion: The proposed project would not create a substantial permanent increase in ambient noise levels in the project vicinity, as the project site is located in an urbanized area. However, due to the fact that the site is currently vacant, development on the site will create a less than significant impact compared to existing levels. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4, 6) X x [1 Discussion: The proposed project is a multi -family development, which by its nature would not typically generate noise levels in excess of local standards. The proposed project site is also located in an urbanized area. Some temporary increase in ambient noise levels can be expected during the construction phase, but it will be conduced in accordance with the City's noise ordinance and thus not a significant impact. However, due to the fact that the site is currently vacant, development on the site will create a less than significant impact compared to existing levels. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 4, 6 ) Discussion: The proposed project site is not located within an airport land use plan or within two miles of a public use airport; therefore, there is no impact. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 4, 6) Discussion: The proposed project site is not located within the vicinity of a private airstrip; therefore, there is no impact. X X Initial Study - Page 13 of 13 is no impact. IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 1 ❑ ❑ x Discussion: The proposed project site is previously developed and currently vacant. Surrounding the site is existing single-family development to the east and institutional uses (a hospital and school) to the north and west. The project will provide an appropriate transition between the two uses; therefore, there is no adverse impact to the community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 4) x ❑ Discussion: The proposed project is not in conflict with any applicable plans in place to avoid or mitigate environmental effects. However, the General Plan states that the current General Plan/Zoning designation of the site (Private Institutional, IP-PD) is intended to protect the adjacent Paradise Valley Hospital and accessory uses that serve the hospital community. Currently, this language does not include the allowance to develop residential units. As such, the City is concurrently processing General Plan and Land Use Code Amendments to allow for multi -family development in this zone, with the intent that it would serve as accessory/complimentary use (workforce housing) for the hospital. As the proposed project is conditioned to require this General Plan amendment occur concurrent or prior to the project's approval, the project would have a less than significant impact. X. MINERAL RESOURCES Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Result in the loss of availability of a known mineral — resource that would be of value to the region and the — X residents of the state? (Sources: 1, 2, 4) Discussion: There are no known mineral resources on the proposed project site; therefore, there is no impact. b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 2, 4) Discussion: There are no known locally -important mineral resources on the proposed project site; therefore, there is no impact. XL NOISE Would the project result in: X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Initial Study - Page 12 of 12 requirements of the permit would not create an adverse effect to the natural drainage pattern of the project site. The project also includes appropriate drainage facilities to ensure adequate drainage that will not create substantial erosion of siltation; therefore, there would be no significant impact. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1, 2, 4, 11) Discussion: There are no streams or rivers at or near the proposed project site. One small temporary drainage running east to west was found to exist on site, but it was determined that it was created by discharge from an underground pipe located at the eastern boundary of the site. The project also includes appropriate drainage facilities to ensure adequate drainage that will not substantially increase the rate or amount of surface runoff and create flooding; therefore, there would be no significant impact. X e) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 2, 4, 15) Discussion: The proposed project, as designed and required by City ordinance, would not exceed planned stormwater capacity; therefore, there would be no impact. f) Otherwise substantially degrade water quality? (Sources: 1, 2,4) X Discussion: The proposed project site is located in an urbanized developed area and includes appropriate construction and permanent best management practices that would not impact water quality; therefore, there would be no significant impact or degradation of water quality. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood I-Iazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 2, 4, 11) Discussion: The proposed project site is not located within a mapped 100-year flood hazard area; therefore, there is no impact. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 2, 4, 11) Discussion: The proposed project site is not located within a mapped 100-year flood hazard area; therefore, there is no impact. X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1, 2, 4, 11) Discussion: The proposed project site is located in an urbanized area that is not within a failure area of a levee or dam; therefore, there is no impact. X j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 2, 4, 11) Discussion: The proposed project site is several miles inland from the San Diego Bay and is not in close proximity to any other water features that would create the natural disasters mentioned above; therefore, there X X Lk Initial Study - Page 11 of 11 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 2, 4) Discussion: The proposed project site is not located in the vicinity of a private airstrip; therefore no impact or safety hazard would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1, 2, 4) Discussion: The proposed project site is located within an urbanized area on currently undeveloped property. Plans also include the improvement and opening of a currently closed public street; therefore, no adverse impacts would occur. X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 4) Discussion: The proposed project site is located within an existing urbanized area with no wildlands at or adjacent to the site; therefore, no impact or exposure to wildland fires would occur. VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1, 2, 4) X X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The proposed project is subject to state and local stormwater requirements and also includes design features that adequately address water quality discharge requirements; therefore, there would be no significant impact. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 2, 4) X Discussion: The proposed project is within an urbanized area and not within a protected recharge area; therefore the project will not disturb the groundwater supply and there is no significant impact. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1, 2, 4, 11) Discussion: The proposed project site has no streams or rivers at or near the site. One small temporary drainage flow running east to west across the site was found to exist on site, created by discharge from an underground pipe located at the eastern boundary of the site. This was determined to be isolated and not under the jurisdiction of the US Army Corps of Engineers or CA Department of Fish and Game. The X Initial Study - Page 10 of 10 e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 2, 4, 7) Discussion: The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no need for the use of septic tanks or alternative waste water disposal systems; therefore, no impact. VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 4) Discussion: There are no hazardous materials associated with the proposed multi -family residential project; therefore, no impact would occur. x Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 4) Discussion: There are no hazardous materials associated with the proposed multi -family residential project; therefore, no impact would occur. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? (Sources: 1, 4) Discussion: There are no hazardous materials associated with the proposed multi -family residential project; therefore, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 4, 14, 17) Discussion: The proposed project is not located on a site which is included on a list of hazardous material sites, therefore no impact or hazard would occur. X e) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 2, 4) Discussion: The proposed project site is not located within an airport land use plan or within two miles of a public use airport; therefore no impact or safety hazard would occur. Initial Study - Page 9 of 9 minimum requirements of the Uniform Building Code should minimize damage due to seismic events. The nearest active fault zone is the Rose Canyon Fault Zone, which is located approximately 5 miles west of the project site. Due to the number and nature of the active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur; therefore, there is a less than significant impact. iii) Seismic -related ground failure, including liquefaction? (Sources: 4, 7) x Discussion: According to a Geotechnical Investigation of the site, the potential for liquefaction occurring at the site is considered low due to the relatively shallow depth and dense nature of the underlying formational soils, and the lack of permanent near -surface groundwater; therefore, is no impact or increased exposure to ground failure due to the Paradise Walk project. iv) Landslides? (Sources: 4 7) - - ❑ x Discussion: According to a Geotechnical Investigation of the site, no landslides were encountered at the site or in an area that would affect the site; therefore, there is no impact or increased exposure to landslides due to the proposed project. b) Result in substantial soil erosion or the loss of topsoil? (Sources: 4, 7) A X Discussion: The project site is covered by a 1-2 inch layer of bark and a layer of undocumented fill soil, that cover Bay Point Formation deposits. The existing earth material that will be excavated is not considered to be high quality soil and the excavation will not create substantial soil erosion. Also, proposed plans include substantial landscaping of all open areas; therefore, there is no impact or increased substantial erosion due to the proposed project. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 4, 7) X Discussion: The project site is covered by a 1-2 inch layer of bark and a layer of undocumented fill soil (1-7 ft), that cover Bay Point Formation deposits. The Bay Point Formation deposits are considered a competent material; however, the layer of undocumented fill on -site is considered to be unsuitable in its present state to support structural loading. As such, the project includes remedial grading to remove and replace it with properly compacted fill. The project would have a less than significant impact with the above cited grading as proposed for the project. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 4, 7) X Discussion: The Geotechnical Study of the proposed project site states, "the majority of the soils encountered during the field investigation are considered to have a 'low' expansion potential." As such, there is no exposure to expansive soils and no impact as a result of the proposed project. Initial Study - Page 8 of 8 a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 1, 4) Discussion: No historical resources as defined in Section 15064.5 are known to exist on the proposed project site. The site has been previously disturbed or developed and is now vacant; therefore, there is no impact to historical resources. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 4) Discussion: No historical resources as defined in Section 15064.5 are known to exist on the proposed project site. The site has been previously disturbed or developed and is now vacant; therefore, there is no impact to archaeological resources. x c) Directly or indirectly destroy a unique paleontological x resource or site or unique geologic feature? (Sources: 1, 4) X Discussion: There are no known unique geologic or paleontological features on the proposed project site or within the surrounding area; therefore, there is no impact to these unique resources. d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 4) X Discussion: No cultural resource constraints are known to exist on the previously developed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 4, 7, 11) Discussion: It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. The nearest active fault zone is the Rose Canyon Fault Zone, which is located approximately 5 miles west of the project site. Due to the number and nature of active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur; therefore, there is a less than significant impact. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ii) Strong seismic ground shaking? (Sources: 4, 7, 11) X Discussion: It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the Initial Study - Page 7 of 7 proposed project site contains disturbed upland habitat and no wetland habitat, other sensitive habitat, or potential for sensitive species; therefore, there is no impact to sensitive or protected species as defined above. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1, 4, 5) Discussion: Based on a Biological Review Letter, dated February 28, 2005, prepared by EDAW, Inc., the proposed project site contains disturbed upland habitat and no wetland habitat, other sensitive habitat, or potential for sensitive species, therefore, there is no impact to sensitive habitats as defined above. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, 4, 5) Discussion: Based on a Biological Review Letter, dated February 28, 2005, prepared by EDAW, Inc., the proposed project site contains no wetland habitat, other sensitive habitat, or potential for sensitive species. Also, a small ephemeral drainage within the site was determined to be created by a discharge from an underground pipe and not to be under the jurisdiction of the US Army Corps of Engineers or the California Department of Fish and Game. Therefore, the project will not impact protected wetlands. X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 1, 4, 5) Discussion: The proposed project site is located completely on disturbed property within an urbanized area, surrounded by development, and according to a Biological Review letter contains no sensitive habits; therefore, there is no impact to wildlife movement. X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1, 2, 4, 5) Discussion: The proposed project site does not contain any biological resources that are protected by local policies or ordinances; therefore, there is no impact. X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1, 4) Discussion: There are no adopted habitat conservation plans that include the proposed project site; therefore, there is no impact. X V. CULTURAL RESOURCES Would the project: X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Initial Study - Page 6 of 6 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 4, 9) X Discussion: The proposed project is a multi -family residential development within an urbanized area, which is not traditionally considered a key contributor to air quality decline. The project also includes features such as ample landscaping to reduce air conditioning needs and heat island effect, lack of wood fireplaces which produce emissions, and added pedestrian transportation connections to reduce vehicle trips, which all reduce residential development impacts to air quality. As such, the proposed project would no significant impact. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 4, 9) Discussion: The proposed project is a multi -family residential development within an urbanized area, which is not traditionally considered a key contributor to air quality decline. The only non -attainment standard for San Diego County, according to the 2004 Revision of the Regional Air Quality Strategy, is ozone. The one feasible control measure proposed by the RAQS with regard to residential uses relates to water heaters, and the proposed measure affects water heaters allowed into the market and not site design considerations. However, the project includes features such as ample and appropriately designed landscaping to reduce air conditioning needs and heat island effect, lack of wood fireplaces which produce emissions, and pedestrian transportation connections to reduce vehicle trips, which all reduce overall residential development impacts to air quality. As such, the proposed project would have a less than significant impact to the non -attainment pollutant for the region. d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 4, 9) — _ _ X Discussion: The proposed project site is adjacent to a hospital, which the residential units are proposed to serve, and is also within half a mile of two elementary schools, which are considered sensitive receptors. However, the proposed residential project is not a development that would expose those receptors to substantial pollutant concentrations. As such, there is no significant impact to neighboring sensitive receptors. e) Create objectionable odors affecting a substantial number of people? (Sources: 4, 9) X X Discussion: As a multi -family residential project, there is no objectionable odor that would be the result of the proposed project; therefore, there is no impact. IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1, 4, 5) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Discussion: Based on a Biological Review Letter, dated February 28, 2005, and prepared by EDAW, Inc., the FC September 16, 2005 City of national City Planning Department 1243 National City Blvd. National City CA 91950 Re: Olson Company 96-Unit Development Case file No. - S2005-5/PD-2005-3/SC-2005-1/IS-2005-1 Gentlemen: We are concerned about the proposed land development and petition against the change to zoning. The impact of the project density is too great for the surrounding area to absorb. Homes in this section of the city are required to be on 5,000 a square foot for a single family dwelling which is a little more than 8 units per, Acre, The proposed project is to requesting an increased to 21 1/3 units per acre ( 4,5 acres divided by 96 units) which is excessive. Even doubling the units per acre will have a major impact on traffic, city streets and government services. The developer is requesting more than 2 '/: times more than what the surrounding homes are required. Under the zoning IP-PD it has been suggested that "these homes are necessary for hospital persona therefore allowable" when the reality of it is The Olson Company (as a private developer) is first offering these homes to the hospital personal then free to sell to the general public. I think a more realistic number of units need to be consider-, and request that the issue be reconsidered before proceeding. Name Address 47bl(Ofa ST' OZ6 / - 6 ? ohs )))A5JSG4/, og, 7�_5 /1 e , c v, 36y3 'CM r oN4' 2 Q 6 ' St- 6 SI 22 RUG 2005 AM10: 50 Paradise Valley Hospital = dventist Health August 15, 2005 Ms. Angela Reeder, AICP Assistant Planner City of National City Planning Department 1243 National City Blvd. National City, CA 91950 RE: General Code/Plan Amendment IP Zone GP-2005-3 Dear Ms. Reeder, 2400 East Fourth Street National City, CA 91950 Tel 619-470-4321 As you are aware, Paradise Valley Hospital is in the process of implementing a Campus Master Plan. Two elements of this plan include 4.5 acres set aside for employee work force housing being developed in partnership with The Olson Company and nearly 12 acres for a new senior living village which includes both assisted and independent living multi -story buildings. Paradise Valley Hospital is supportive of a General Plan/Code Amendment to add Multi- family Residential as an allowable use within the IP Zone with proposed language to the effect of "... and multi -family housing that can serve the work force populations of these uses." I want to thank the Planning Department for their consideration of this amendment. Sincerely, Afan B. Soderblom President & CEO Ken Owens 68195 Desert View Road Cathedral City, CA 92234-2231 (760)-202-6964 September 12, 2005 City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Re: Olson Company 96-Unit Development Case File No.: S-2005-5/PD-2005-3/SC-2005-1/IS-2005-1 Gentlemen: I am concerned about a couple of issues regarding this proposed development as our family owns property and is a close neighbor to the project. (3005 East Seventh Street National City) • The Project Density is too great for the surrounding area. Most homes in this section of the city are required to be on 5,000 square foot lots for a single family dwelling which is a little more than 8 units per acre. The proposed project is requesting an increased density to 21 1/3 units per acre (4.5 acres divided by 96 units) which is excessive. Even doubling the units per acre will have a major impact on traffic, city streets and government services. The developer is requesting more than 2'/2 times what the surrounding homes are required. Under the zoning IP-PD it has been suggested that these homes are necessary for hospital personal therefore allowable when the reality of it is Olson Company (as a private developer) is first offering these homes to hospital personal then free to sell to the general public. I think a more realistic number of units need to be considered and request that the issue be reconsidered before proceeding. • Arcadia Avenue needs to be full street width from 6`h Street to 8`h Street to accommodate an increased density development to insure public safety and adequate parking for all the residents, quests and support services. The 2 lane street (16-20' wide) between 7m and 8t Streets with red curbs and no parking signs is inadequate and will encourage traffic from the proposed development to use 6'h street which is residential rather than 8`h street which is a major street in the City as well as considered commercial. The city can use their powers of eminent domain to secure the adjoining property or use property within the 4'h acre site as the developer is receiving the benefit of increased land due to the vacating of portions of two streets. As streets being vacated for the project there should also be an incentive for the city to provide streets that are the correct width and meet surrounding street standards. Increased density requires measures to insure the safety of both the new and current residents. Parking is also an issue here. Street parking will be necessary for residents to have guests and service vehicles as there is very little guest parking on the site as shown in the conceptual site plan presented by Olson Company. I'm not quite sure that 7th Street is really being vacated as the site plan shows it going into the development. Pleasant Lane will not have access to 8 h Street but what they are calling Spine Road on the conceptual site plan is Pleasant Lane with modifications but with what appears to be little or no parking. In reality this is a gift of city property to a private developer if those streets are vacated. I feel the requirement of a two lane street with parking on each side is the minimum that should be required in return for vacating city property. The conceptual site plan provided by the Olson Company and their architects did not show Arcadia Ave narrowing between 7`h and 8th streets. National City is required to provide affordable housing units which I support, but it should not decrease the quality of life for those already living or surrounding the area of development. I am for a residential project on this site, but I think the number of units needs to be decreased, additional guest parking be required on the site, offsite street parking is a necessary requirement and requiring the street width to match the rest of Arcadia Avenue is necessary to minimize the impact to the surrounding neighbors. Very truly yours, Ken Owens Attachment: Conceptual Site Plan provided by The Olson Company NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map x Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT�/USE ONLY Case Number S �2)05— 5 Filing Fee S 5L - Receipt No. 2- pyre Date Received 5/I1/e5 By E.A.F. Required Fee $ Related Cases -cliW) 1 `�i SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 554-132-2,3,4,5,6,7,8,9,10,11,12,14,_15, 15, 17, 18, and 19 and 554-133-1,2,5,6,9,10,11,12,13 and 14 PROPERTY LOCATION 2927 8th Strcct COMBINED GENERAL PLAN/ZONING DESIGNATION IP— C with PDP Tentative Parcel/Subdivision Map Application Revised March, 2003 J` CIVIL ENGINEER OR OTHER ALIT RUED REPRESENTATIVE Name: Brian K. Oliver Name: Signature £2L't• Signature (Sigma re acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) • Address: 9755 Clai:reron.t MesaBlAiress: Suite 100 San Diego, CA 92124 Phone No. (858) 61 . 502.9 Phone No. FaxNo. (858) 61 4•-5001 Date: —44/29/2005 Fax No, Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature (Signature acknowledges that this application is being filed) Address: 2400 Fast 4th Street National City, CA, 91950 Phone No.. 619-470-43.27 Fax No. Date: 619-470-4289 Tentative ParcellSubdivision Map Application Revised March, 2003 Signature (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: CIVIL ENGINEER OR OTHER AUTORIZED REPRESENTATIVE Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: PROPERTY OWNER(S) of all property included hi this application: (Attached extra sheets if necessary). Name: i fan • .ds.rbLoce.. 63 Name: Signature -� Signature (Signatu - acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 2400 Fast 4th Street National City, CA 91950 Address: Phone No. 619-470-4127 Phone No. Fax No. 619-470-4289 Fax No. Date: q/d d l o 5c Date: Tentative ParceUSubdivision Map Application Revised March, 2003 APPLICANT Signature: esenting The Olson Ccun any (SignatAre certifies( 4 the in ormation submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9171 TYxane Centre Drive, Suite 450 San Diego, CA 92122 Phone No. 858-784-6527 Fax No. 858-455-5197 Date: Tentative Parcel/Subdivision Map Application Revised March, 2003 NATIONAL CITY, CALIFORNIA APPLICATION for Conditional Use Permit x Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 'VD— 6,0 3 Filing Fee $ tlt— Receipt No. 2.- tt4 Date Received 50105 By E.A.F. Required Fee $ Related Cases ______ _J _5 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space The following parcels as reflect -PA in the tax rolls of the tax assessor for San Diego County, California: APN 554-132-2,3,4,5,6,7,8,9,10,11,12,14, 15, 16, 17, 18, and 19 APN 554-133-1,2,5,6,9,10,11,12,13 and 14 PROPERTY LOCATION between Arcadia Ave. 2927 8th Street No. and Harbison Pl. Street COMBINED GENERAL PLAN/ZONING DESIGNATION IP— C with PDP Conditional Use/Planned Development/Planned Unit Development Permit Applicat Revised December, 1998 Pane I of4 on REQUEST: The Applicant requests , onditional Use Permit (Chapter 18.116)Sanned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: See Attached PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: CE'D Name: Signature Signature (Signa - acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 2400 East 4th Street National City, CA 91950 Phone No. 619-470-4127 Fax No. 619-470-4289 Date: /1/91 g/o Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: Kimberly Duran, (Please type lr Signature: presenting The Olson Company (Signature certi -' at the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9171 Town Centre Drive, Suite 45() San Diego, CA 92122 Phone No. 858-784-6527 Fax No. 858-455-5197 Date: 016 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 i • JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 City of National City Planned Development Permit Application 96 Townhome units located at 2927 8th Street Applicant: The Olson Company Date: May 4, 2005 Planned Development Permit Justification The Olson Company is requesting a Planned Development Permit for the development of an attached home development locai:'ad at 2927 8th Street between Arcadia Ave. and Harbison Place. Physical adequacy of site The site is adequate in size and shape for the propo.:ad development of an attached home project consisting of approximately 96 uruiits on a 4.5-acre parcel of land. Sufficient site access The site plan is designed to provide residents of the proposed development sufficient access to East 8th Street, which provides quick and easy access to the 805 freeway. In addition, the site is located proximate to the Paradise Valley Hospital, providing an affordable and convenient housing solution for hospital employees. Effect on adjacent community The site is located in a private institutional and residential area. The National City- 8th & Arcadia community is located on 8th Street on the Paradise Valley (Hospital) campus. The Hospital proposes to revitalize the area by partnering with The Olson Company to construct this workforce housing. The low price point and newly built units will provide a quality, unique home ownership opportunity for hospital employees and existing National City residents. The site is located within one mile of local elementary, middle, aired high schools, as well as the proposed Education Village, which is a joint venture urban university campus sponsored by San Diego State University and Southwestern Community College. Proposed use as essential/desirable to public welfare This request to change the use of the site from Private Institutional (IP) to Commercial with a Planned Development Permit would be desirable to the public welfare because it would expand the existing residential community and provide much -needed home ownership opportunities in the City of National City. In addition, the proposed development would enhance the surrounding residential neighborhood by providing a high quality development that will raise surrounding property values in the area. l� Z NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. S-2005-5/PD-2005-3 DATE: 7/19/2005 PROJECT SUMMARY UNITS 96 HOMES AREA 4.5 ACRES DENSITY 21.3 DU/AC PARKING 202 PARKING SPACES (29 GUEST SPACES) 14 GUEST SPACES ON -SITE / 15 ON -STREET UNIT SUMMARY 26 PLAN 1 2 BDRM / 2.5 BA 1,315 S.F. 64 PLAN 2 2 BDRM / 2.5 BA 1,565 S.F. 6 PLAN 3 3 BDRM+ LOFT/OPT BDRM 4 / 2.5 BA 1,656 S.F. 96 TOTAL OPEN SPACE SUMMARY REQUIRED OPEN SPACE - 800 S.F. PER UNIT PRIVATE SPACE COMMON SPACE LANDSCAPE 25,600 S.F. 25,600 S.F. 25,600 S.F. 76.800 S.F. TOTAL PROVIDED OPEN SPACE - 883 S.F. PER UNIT PRIVATE SPACE 25,612 S.F. COMMON SPACE 31,268 S.F. LANDSCAPE 27,972 S.F. KTGY NO.2003520 84,852 S.F. TOTAL REMOVE f ;. ,VNISiG DEPARTterAT NATIONAL CITY, Gam. 0 0 30 120 15 60 CONCEPTUAL SITE PLAN PARADISE WALK NATIONAL CITY, CA 0',KTGY GROUP, 07 19.2005 ❑ ❑ THIRD FLOOR OPTIONAL BEDROOM 3 SECOND FLOOR 00N Kitchen Dining SECOND FLOOR PLAN 1 2 BR/ 2.5 BA - OPT 3 BR/3 BA 1.315 S.F. (GROSS) 0 4 2 8 PARADISE WALK NATIONAL CITY, CA ❑ K0GY NO.2003520 ❑ FIRST FLOOR KTGY GROUP. AU- PANT. lEPTCPIng, 07.19 2005 ❑ ❑ THIRD FLOOR 0 KTGY NO.200352(1 c� Optional Deck +r�sr�eo SECOND FLOOR PLAN2 3 BR/ 3.5 BA 1,565 S.F. (GROSS) 0 4 16 2 I I Patio TA I I it _-_TJI \ PARADISE WALK NATIONAL CITY, CA FIRST FLOOR pliryul RFDROOh VV BATH OPTION DEN kV/POWDER OPTION EN PLAN N/P ]V'DEI. OPTION 44b, KTGYGROUP„ 07.I9.2005 O o �C Bedroom 4 II OPTIONA BEDROOM 4 0 KTGY N0. 2003520 it lil, re oil SECOND FLOOR ❑ ❑ PLAN 3 3 BR. LOFT, OPT BED 4 / 2.5 BA 1,656 S.F. (GROSS) 0 4 2 8 IG r ❑ FIRST FLOOR PARADISE WALK NATIONAL CITY. CA OPTIONAL SIDE ENTRY '% KTGY GROUP, 4%�t ,.I 9 2005 ❑ KTGY NO. 2003520 THIRD FLOOR 0 SECOND FLOOR BUILDING A 0 4 IG ❑ ❑ 2 8 BUILDING COMPOSITE PARADISE WALK NATIONAL CITY, CA ,0.1 FIRST FLOOR 0.0 I GROUP, ID. 19.2005 LEFT RIGHT E. COMPOSITE MINGLES [rt9 LIclSAnSn:CCO E COLeMVS WISTLCCO OVER DECORATIVE. Tmus E^ TRIM SVRROLTD WbTiCCO OVER `'.A ARCHED OPENINGS E TRELLIS ❑ KTGY NO. 2003520 REAR 0 8 32 r ❑ 4 1G BUILDING A CONCEPTUAL ELEVATION 8TH AVENUE & ARCADIA NATIONAL CITY, CA 0 KTGY GROUP, 0330.2005 El ❑ KTOY NO.2003520 THIRD FLOOR SECOND FLOOR BUILDING B 0 4 16 ❑ -1 2 8 9 BUILDING COMPOSITE PARADISE WALK NATIONAL CITY, CA FIRST FLOOR KTGY GROUP 0719 2005 MM. ARE MOON LIE COSMO CHIMP DIRDi {STET EXISTING FRE WORST PISTON GM VALK _ S SW STOW WIN LO 613fIK RIW MOM WIER EMI, SEIM NWT. 615TIK P16 FTIISTTC STET 1.16/ ENGINE OM P RAMS Ole Pa®OwmP _Im- ABMS 6 PADS. 0 .IVOEEN gOS, PAYSO MOOS 6 no® ASIR,/ AMMO 6I6. GAG OENAR(M) - um 65sm OArrI P6® THE F' u WAsw (PVT) O mSW. O MIMED SIMI WIN (RT) P o® 90911 (M) - _ Po®910 WIN (WTI PN9911ED F6E MARS. (PVT) NCH FAO . sm.Ix T16Tm5m Io® EDGES[ anRs ^ W®POµ0 Al. PARKING SUMMARY LAND USE ANALYSIS PITmi NI0R (USSR AND LIST F11OR) CO ® 62601 [� DOSSER MMElM5PSG3) (5 ESE SITE PEST SPACE) PARADISE WALK TENTATIVE SUBDIVISION MAP NO. S-2005-5 CITY OF NATIONAL car H uuI3rm/ •f 4 F II Slit EL MI ■.IIN INN 110 aim r ion RI `Gin . eqw_ IIdR ...el is le di Grp ,' RI �. Q�!H Mg LIIM Eiji TIN ,IH MIN ItI III � C 'PM MI IIM � s� ' IIl, 7H UI1 U (H Eli l � MCI II#L ��• l III �Gr S.G,_IEE : _MC : "MI ■I I 111 H11 412 _Dba I b KEY MAP BUILDING SUMMARY LEGAL DESCRIPTION ME EN. OARS M PON 1 ] R61IS M m RNA 2 3IMAY3.5 RA RAN2 3WM♦LINT/ R El,R61 6/2.5 G oL04M1T ASSESSOR'S PARCEL NUMBERS 514-1$02 T6Np4 12 5S4-1S-14 11410261.119 551-1.35-01 MOWN re • -1.• 4m MOO16 STd MOH 14 EA166 RE $01E.12.76E1 WAR, 6 TE IDIMELTOET OYAIOT Cr MVO. YLTIG 105 6 11E TOWNS 6lA WIG. (0 RE CET 6 GTIOW. m, a RE 3111T 6 SW DI®. STATE 6 CAL129193.0 A®OI W TO SWRUES w. Im F1, IN RE 6F16 OE MAW IFITITER 6 SAN w®O M), WY Il. 1,349. OPEN SPACE SUMMARY mOlmla 9W (S) CORM 31.203 PRIVATE 29.612 ORM 27.99 (L9¢YAq) WHIM STY1 P ARR. MAL 61.5.13.19.20 Ea PAWING STALL /a-0SA12-14 P MOM STA112-5.10.11. 16-112 6 21, 021191996 IOL➢Im (Y) Ss. XO 23.202 WR 96 pES NU 4.5 AOES 6Mm 21.2 W/.W PMOK 232 PNPIW PASS (1S PI SITE WESTQ3 E PA) ( OS SIX BOG P9.1 LOTS I APPLICANT AND DEVELOPER RE MSG 3091E n11 l CANTER ERRS. MITE 450 SW DIOb. CA 9292 1050 453,191 NIRAGHTLAIG TOIT PRIM 1013E) GTE OWNER AND OWNER'S STATEMENT E. RE CRIERS Cr OR NE I Ica3TED IN RE PROPERTY USER® SY m15 W. 1,ER MHOS[ 5AI0 W CEO FRDO THREOF. QPR GENERAL NOTES LTIE DOTAL ..,H„V IVWIm1IIs GF216 Wes L1FIR OWN. TIIF - 2. IXIA4 NO A6�➢ yN1E 115 IPY9. IT, 15 fi6[RD N G A GTE_ 3. M IXISTRO USE CrIS RESITE IS fESO/SISAL HT p GEN MEAS. E ®®S I 1. LOCATIG OF RARER IS Hal ow. NO I/R.OG AK, IXISTIIC SITE ALAS O 0Y.21AL W IL➢ ALS. 5. TOT NO FILL 4LPd AWL PE 21W[fuY VIES, ALAS 014,111 6. ALL MIL 0.I66 9W1 @MO TO CITY SENO... GISCI0.44 Ti @TIIS ISMIS 1 FOR 0( 9. MAGIC SRRO0 CES AIO O S,ICTS. CAS NO ELDOT411 SW OIE0O CAS NO .1F1PEC IWE PARS ER w n CI, 6 NATION. cin CITY 6 NATION. 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RC111Tr( l LRG - OwaL VU V< i0 City of National City, California COUNCIL AGENDA STATEMENT MEETINGDATE / October 4, 2005 / ITEM TITLE Resolution of the City of National City awarding a contract in the amount $3,313,214.39 to Manhole Adjusting Contractors, Inc. for the National City Street Resurfacing Project, FY 05-06, Specification No. 04-09. PREPARED BY Alberto Griego EXPLANATION DEPARTMENT See attached. AGENDA ITEM NO. 7 5 Engineering EXT. 4386 Environmental Review MIS Approval Financial Statement Approved By; The total cost of the project is estimated to be $3,943,000. This amount is within Finanl - •rector the estimated budget for this project. Funding is available through Account Number 307- 500-598- 6035. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION REC MENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 3. Bid Summary 2. Bid Opening Sheet 4. Company History A-200 (Rev. 7/03) EXPLANATION On September 14, 2005, two (2) bids were received and opened for the National City Street Resurfacing Project, FY 05-06, Specification No. 04-09. The project includes the repair of bituminous pavements in various locations within the City of National City using Asphalt -Rubber & Aggregate Membrane (ARAM) system pavement overlay. The streets to be resurfaced have been selected using the "2003 Pavement Management Program Update" which utilizes a Pavement Condition Index (PCI) that is a numerical value assigned to a pavement section based on its overall condition. The streets shown on the list were found to have the lowest PCI values. Also, included in the list are entryway streets that are to be resurfaced giving a better appearance when entering National City. Approximately $1.7 million dollars are being invested in the entryway improvements. The following streets will be included in the street resurfacing project: BRANCH A AVE BETA ST BUCKY LN D AVE D AVE DIVISION ST DIVISION ST DIVISION ST DIVISION ST (EAST BOUND) DIVISION ST (EAST BOUND) E 14TH ST E 16TH ST E 18TH ST E 20TH ST E 27TH ST E 30TH AVE E 4TH ST E 8TH ST E 8TH ST E PLAZA BLVD HARBISON AVE HIGHLAND AVE HIGHLAND AVE HOOVER AVE NATIONAL CITY BLVD ORANGE ST PALM AVE PARADISE VALLEY RD PLAZA BLVD FROM TO E 26TH ST U AVE HIGHLAND AVE E 7TH ST E 12TH ST IN FRONT OF 730 DIVISION PALM AVE HARBISON AVE MAIN ST OSBORN ST ORANGE ST (Western offset) EUCLID AVE 70' E OF LANOITAN AVE WEST OF NEWELL ST NATIONAL CITY BLVD HIGHLAND AVE HARBISON AVE HARBISON AVE NATIONAL CITY BLVD MANCHESTER ST E PLAZA BLVD E 30TH ST 350' S OF E 30TH ST 2900 HOOVER AVE DIVISION ST CITY LIMIT NORTH CITY LIMIT E 8TH ST CITY LIMIT RACHAEL AVE (SOUTH BOUND) CUMBERLAND ST E 30TH ST EUCLID AVE EAST END E 8TH ST E 16TH ST (Cross Gutter to be replaced to mid -street) U AVE CITY LIMIT OSBORN ST MARINE VIEW AVE EUCLID AVE CITY LIMIT @ RACHAEL AVE RACHAEL AVE GOLF COURSE A AVE L AVE (CITY LIMIT) CITY LIMIT PARADISE VALLEY RD D AVE 8TH ST & PARADISE VALLEY RD E 16TH ST 350' S OF E 30T11 ST BRIDGE @ CITY LIMIT W 30TH ST E 1ST ST SWEETWATER RD DIVISION ST EAST CITY LIMIT PARADISE VALLEY RD WINCHESTER ST SWEETWATER RD CITY LIMIT (WEST OF ORANGE ST) SR-54 (WEST SIDE OF BRIDGE) SWEETWATER RD UNNAMED ST (EAST OF PROSPECT ST) W 15TH ST W 15TH ST W 15TH ST W I6TH ST W 8TH ST EDGEMERE DR (aka 2ND AVE) SOUTH OF ORANGE ST COOLIDGE AVE HARDING AVE ROOSEVELT AVE WILSON AVE TROLLEY RR X-ING CITY LIMIT WEST OF PROSPECT ST SOUTH END ROOSEVELT AVE COOLIDGE AVE NATIONAL CITY BLVD HARDING AVE I-5 Four different systems will be used in this project. System 1 consists of the application of a 3/8-inch ARAM layer followed by a Type II slurry seal and is utilized on streets in need of minimum asphalt maintenance. System 2 consists of the application of a 3/o-inch asphalt leveling course plus System 1 and is utilized in residential areas. System 3 consists of grinding approximately 1-inch off the surface full width, applying a %-inch asphalt leveling course and a 3/8-inch ARAM layer followed by a 1.2-inch gap graded asphalt rubberized hot mix and is utilized on high traffic areas (bus routes). System 4 consists of grinding 1-inch for 6-feet from edge of curb, applying a 3/8-inch ARAM layer followed by a 1.2-inch gap graded asphalt rubberized hot mix and is utilized on high traffic residential areas. Staff has reviewed all the proposals and found the lowest responsive bidder, Manhole Adjusting Contractors, Inc., qualified to perform the work. As stated in the Financial Statement, the total cost of the project is estimated to be $3,943,000. This amount includes the construction bid price of $3,313,214.39 plus approximately 12% ($398,000) for contingencies, and approximately 7% ($232,000) for materials testing, inspection, and surveying. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $3,313,214.39 TO MANHOLE ADJUSTING CONTRACTORS, INC. FOR THE NATIONAL CITY STREET RESURFACING PROJECT, WHICH INCLUDES THE REPAIR OF BITUMINOUS PAVEMENTS IN VARIOUS LOCATIONS WITHIN THE CITY WHEREAS, the Engineering Department did, in open session on September 14, 2005, publicly open, examine and declare all sealed bids for the National City Street Resurfacing Project, which includes the repair of bituminous pavements in various locations within National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project, which the repair of bituminous pavements in various locations within National City to the lowest responsive, responsible bidder, to wit: MANHOLE ADJUSTING CONTRACTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,313, 214.39 between Manhole Adjusting Contractors, Inc and the City of National City for the National City Street Resurfacing Project, which the repair of bituminous pavements in various locations within National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney bi BID OPENING SPECIFICATION NUMBER: 04-9 PROJECT TITLE• NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 OPENING DATE: WEDNESDAY, SEPTEMBER 14, 2005 TIME: 3:00 P.M. ESTIMATE: $2,865,000 PROJECT ENGINEER: ALBERTO GRIEGO NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 16) ADDENDA (PAGE 13) BID SECURITY pAGE 20) BOND) 1' Manhole Adjusting Contractors Inc. 9500 Beverly Road Pico Rivera, Ca 90660 $3,313,214.39 N/A Bond 2. Western States Surfacing, Inc. 1601 Culpeppel Avenue Modesto, Ca 95351-1138 $4,113,621.75 N/A Bond CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME: NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-09 PROJECT NO. 6035 FILE NO.: BID DATE: September 14, 2005 APPARENT LOW BIDDER: Manhole Adjusting Contractors, Inc LOW BID AMOUNT: S3,313,214.94 ENGINEERS ESTIMATE: S2,865,000.00 FIGURES CHECKED BY: Albert Griego and Kenneth Fernandez CHECKLIST ALL SIGNATURES ARE AFFIXED TYPE & AMOUNT OF BOND ADDENDUMS TO BE ACKNOWLEDGE SIGNATURE YES SIGNATURE SUBCONTRACTORS SUBCONTRACTORS BOND CHECK Various Vanous YES. SUBCONTRACTORS SUBCONTRACTORS BOND CHECK YES Vanous Vanou_s ........� YES ..:.... AFFIDAVIT DISCLOSURE ......... ADDENDUMS N/A AFFIDAVIT DISCLOSURE ADDENDUMS N/A 1 2 NO. ITEM QTY. UNIT ENGINEERS ESTIMATE Manhole Adjusting Contractors, Inc. 9500 Beverly Rd., Pico Rivera, CA 90660 (323) 558-8000 Western Slates Resurfacing. Inc. 1601 Culpepper Ave, Modesto, CA 95351 (209)525-9065 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL 1 MOB LIGATION 1 LS $ 40,000.00 $40,000.00 $ 34,360.000 $ 34,360.00 $ 58,000.00 S 58,000.00- 2 'TRAFFIC CONTROL 1 LS 5 210,000.00 S210,000.00 $ 71,825.000 $ 71,825.00 $ 77,427.00 S 77,427.00 ASPI IALT RUBBER & AGGREGA 1 E MEMBRANE ARAM) 168,533 SY 5 4.20 5707,838.60 5 4.80 5 808,958.40- 5 5.97 S 1,006,142.01 4 TYPE II SLURRY 20,069 SY S 1.82 $36,525.58 $ 2.9 $ 58,601.48 $ 2.54 $ 50,975.26 5 ASPHALT RUBBER HOT MIX GAP -GRADED 1,335,886 SF S 0.68 $908,402.48 5 0.945 $ 1,262,412.27 $ 1.11 S 1,482,833.46 LEVELING COURSE INCLUDING CRACK 6 CLEANING, SPEED HUMPS & MISC. PATCH 693,394 SF $ 0.50 $346,697.00 $ 0.700 $ 485,375.80 S 0.77 $ 533,913.38 COLD IvIILLI\0 715,307 SF $ 0.27 $193,132.89 $ 0.234 $ 167,381.84 S 0.52 $ 371,959.64- ADJUST MANHOLES TO GRADE 122 EA S 400.00 S48,800.00 $ 646.00 $ 78,812.00 $ 690.00 $ 84,180.00 ADJUST VALVES CANS/HANDHOLES TO GRADE 244 EA S 300.00 $73,200.00 $ 212.00 $ 51,728.00 $ 651.00 $ 158,844.00 10 R&R CROSS GUTTER 1,200 SF $ 19.40 $23,280.00 $ 48.30 $ 57,960.00 $ 44.00 $ 52,800.00 11 NEW CROSS GUTTER 2,195 SF $ 25.00 $54,875.00 $ 38.65 S 84,836.75 $ 35.00 $ 76,825.0(1 1 R&R SIDEWALK 1,615 SF $ 9.62 $15,536.30 $ 25.35 S 40,940.25 $ 23.00 $ 37,145.0a 13 R&R ASPHALT CURB 160 LF $ 25.00 $4,000.00 $ 25.351 $ 4,056.00 $ 23.00 $ 3,680.06 l4 R&R CURB AND GUTI hR 218 LF $ 47.89 510,440.02 I $ 111.00 $ 24,198.00 $ 101.001 $ 22,018.00 1 i CITY OF NATIONAI 'ITY - BID SUMMARY PROJECT NAME: NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO 04-09 PROJECT NO. 6035 FILE NO.: BID DATE: September 14, 2005 APPARENT LOW BIDDER: Manhole Adjusting Contractors, Inc LOW BID AMOUNT: S3,313,214.94 ENGINEERS ESTIMATE: $2,865,000.00 NO. ITEM 15 NEW CURB D ANCUTTER 16 17 18 19 20 21 TRAFFIC STRIPPING REINSTALL TRAFFIC LOOPS NEW ALLEY APRON R&R ALLEY APRON FIGURES CHECKED BY: Albert Griego and Kenneth Fernandez CHECKLIST ALL SIGNATURES ARE AFFIXED TYPE & AMOUNT OF BOND ADDENDUMS TO BE ACKNOWLEDGE QTY. UNIT 24 LF SIGNATURE YES SIGNATURE YES SUBCONTRACTORS SUBCONTRACTORS .... BOND CHECK Various Various .._YES ....,,.. SUBCONTRACTORS SUBCONTRACTORS BOND CHECK Various Various YES,.. AFFIDAVIT ., ._.... DISCLOSURE ADDENDUMS ....... N/A AFFIDAVIT DISCLOSURE ADDENDUMS N/A 1 2 ENGINEERS ESTIMATE Manhole Adjusting Contractors, Inc. 9500 Beverly Rd., Pico Rivera. CA 90660 (323) 558-8000 UNIT COST 34.57 TOTAL $829.68 1 LS 27 200 EA SF $ 175,000.00 $ 420.00 $175,000.00 $11,340.00 10.78 UNIT COST $ 80.90 $ 47,900.00 $ 480.00 TOTAL 1,941.60 $ $ 47,900.00 $ 12,960.00 Western States Resurfacing, Inc. 1601 Culpepper Ave, Modesto. CA 95351 (209)525-9065 UNIT COST 75.00 $ 62,454.00 TOTAL $ 1,800.06 $ 62,454.0 $ 550,00 $ 14,850.00 $2,156.00 NEW PEDESTRIAN RAMPS DEMOLISH CONCRETE STRIPS 30 2 35 SF EA SF $ 10.78 $323.40 $ 1,300.00 $2,600.00 $ 39.85 $ 65.20 S 3,740.00 $ 7,970.00 $ 37.00 1,956.00 $ 60.00 7,480.00 $ 3,500.00 $ 7,400.00 $ 1,800.00 $ W 7,000.00 20.00 $700.00 $ 44.60 $ 1,561.00 $ 45.00 $ 1,575.00 $2,865,000.00 $ 3,313,214.39 15.64% $ 4,113,621.75 43.58% COMPANY HISTORY Manhole Adjusting Contractors, Inc. Our Company started business in April 1978 and it was incorporated in November 14, 1980 (State of California). We are a General Engineering Contractor focused on street and highway improvements. Mr. John Corcoran is the company president. Our customers range from public agencies to private owners. And our geographic location (about 10 miles East of Los Angeles) permits us to move our resources easily from Santa Maria (to the North), to the South Border, and from the Pacific Coast to our California Limits. Currently, the majority of our business is related to Asphalt Rubber Hot Mix (ARHM) binder manufacturing and Asphalt Rubber Aggregate Membrane (ARAM). We bid as subcontractor or as a prime contractor on projects that have these products or any combination of them. For example, we bid overlay project with ARHM, projects with interlayers (ARAM plus ARHM), or projects with cape (ARAM plus Slurry either type I or II). Thank you again for your consideration on your project and we look forward to a successful result. City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 4, 2005 AGENDA ITEM NO. 26 / ITEM TITLE Resolution of the City Council of National City approving the Bike Path Master Plan Request for Qualifications package and designating Councilmember(s) to the Consultant Selection Committee. PREPARED BY EXPLANATION Stephen Kirkpatrick DEPARTMENT See Attached Explanation. Engineering EXT.4383 Environmental Review x N/A MIS Approval Financial Statement Approved By: A grant of $75,000 was received from Sandag to prepare a Bike Path Master Plan. Finance Director Account No. STAFF RECOMMENDATION It is recommended that the City Council adopt the Resolution approving Bike Path Master Plan Request for Qualifications package and designating Councilmember(s) representation on the Consultant Selection Committee. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Request for Proposal Resolution No. bikes A-200 (Rev. 7/03) RE: Resolution of the City Council of National City approving the Bike Path Master Plan Request for Qualifications package and designating Councilmember(s) to the Consultant Selection Committee. The City of National City would like to create a bike path master plan. In order to do so the City applied for a grant, administered by Sandag, for $75,000. The City was successful in securing the grant. The master plan effort will, through appropriate community involvement, design and analyze a bike path system in National City, prioritize bike path projects and improvements, and estimate the cost of the projects and improvements. The master plan will then be used to apply for grants to allow its implementation. By having a master plan, it is believed that the City's applications in response to "calls for bike path projects" from various state and federal agencies will be viewed more favorably. In order to create the master plan we need to select a consultant with experience in such an effort. To do so, we have created a Request for Qualification package. Based upon this RFQ package we hope to receive statements of qualification from interested firms. We will then conduct interviews, select a firm, finalize a precise scope of work, and negotiate a fee. The purpose of this report is to have Council approve the RFQ package for distribution. It is also requested that if the City Council is interested in having a Councilmember(s) serve on the consultant selection committee for this project, they designate the member(s) at this meeting. RESOLUTION NO. 2005 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE BIKE PATH MASTER PLAN REQUEST FOR QUALIFICATIONS PACKAGE, AND DESIGNATING COUNCILMEMBER(S) TO THE CONSULTANT SELECTION COMMITTEE WHEREAS, the City was successful in securing a grant from SANDAG for $75,000 to create a bike path master plan; and WHEREAS, a bike path master plan will design and analyze a bike path system in National City, prioritize bike path projects and improvements, and estimate the cost of the projects and improvements that will then be used to apply for grants to allow its implementation; and WHEREAS, a Request for Qualifications package to create the master plan has been created to solicit statements of qualification from interested firms; and WHEREAS, it is requested that the City Council designate a councilmember(s) to serve on the consultant selection committee for this project, if the Council so desires. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Bike Path Master Plan Request for Qualifications package. BE IT FURTHER RESOLVED that the City Council hereby designates Councilmember(s) to the Consultant Selection Committee. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney October 4, 2005 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 REQUEST FOR QUALIFICATIONS PROJECT: NATIONAL CITY BIKEWAY MASTER PLAN SUBJECT: PROVIDE ENGINEERING STUDY FORA BIKEWAY MASTER PLAN FOR THE ENGINEERING DEPARTMENT OF THE CITY OF NATIONAL CITY INTRODUCTION The City of National City is seeking Statements of Qualification from civil and traffic engineering firms interested in providing engineering services required to create a Bikeway Master Plan for the City. It is envisioned that the selected consultant will work with community to determine needs and develop consensus for the plan. The Bikeway Master Plan will not only be as planning document, but will also be used as a tool to apply for various grants available to ensure its implementation. This RFQ describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the Statement of Qualifications. Failure to submit information in accordance with the RFQ requirements and procedures may be cause for disqualification. II. PROJECT BACKGROUND AND DESCRIPTION The City currently does not have a bikeway master plan. However there are two bikeways located within the City. A Class I facility is located in the southwestern part of the City and includes a bicycle bridge to the City of Chula Vista and bikeway along the Sweetwater River Channel. To the north there is a Class II bikeway along Harbor Drive. The Bikeway Master Plan will provide guidance to, document, and evaluate the existing and future bikeway system for the City of National City. III. SCOPE OF SERVICES Page 1 of 11 ® Recycled Paper The following is an outline of the Scope of Services. It is not intended to be the final Scope of Services. The final detailed Scope of Services will be developed during the fee negotiation process with the selected design firm. Administration/Coordination/Meeting This task includes project management and administration, meetings, quality assurance/quality control, agency, scheduling, budgeting, and invoicing. Progress meetings will be held as needed between the City and the Consultant Team. The purpose of these meetings will be to review the project status to ensure that contact objectives and milestones are being achieved. Associated agencies will be invited as needed. A detailed schedule will be developed, maintained, and updated for control of the project. Research and Data Collection • Review updated General Plan Circulation Element, any existing bicycle facilities, and any other pertinent information available. • Review all proposed and existing bikeway system. • Schedule and participate in public meetings (2 minimum) to receive input from residents regarding bike path needs. Public outreach and community involvement is a key component to ensuring that this project id considered successful. • Review the regional bikeway system to determine and evaluate continuity and flow characteristics of City routes into adjacent communities and municipalities. • Review current standards and requirements for new developments to provide bicycle facilities. • Review and update existing selection criteria for additional or alternate bike routes. • Perform field investigation/observations to evaluate existing routes and extent of current bicycle use. • Review State standards and requirements for bikeways. • Review accident data involving bicycles on City streets to be provided by the City. Draft Bikeway Master Plan Identify Goals and Objectives Consultant will work with the City to develop a draft Bikeway Master Plan to act as an appendix of the circulation element and general plan. This task will focus on developing the specific goal and objectives, scope of program, relationship to other general plan elements, and related plans and programs. Operations and safety of the City's trail system will be improved by providing the vision and policy guide for the city's planning efforts, developing this vision into a framework that will provide access for recreation and non -motorized users/commuters through an interconnected system of trails, hike paths, and regional trails linking neighborhoods, regional parks, and businesses. Page 2 of 11 Identify Bikeway System Consultant will work with the City to develop a mission statement for the safe and efficient systems ui bicycle trails and paths. Consultant will provide a recommended bikeway system for National City and develop a bicycle circulation master plan map exhibit indicating existing bike ways, proposed Class I, II, and III bikeways, schools, freeways, arterial streets, neighborhood streets, commercial center, waterway, railroad, and City boundary. We will also recommend bicycle support facilities/pro grams. Evaluation Elements • Identification of community impacts and possible mitigation for new and alternate route alignments. • Evaluation of existing bike facilities relative to integrating them into a new citywide Bikeway Master Plan. • Determination of the City's current and future needs with respect to bicycle facilities through public meetings. • Identification of topography and other constraint that would preclude extension of existing bicycle route. • The engineering element shall consist of items necessary for the City to evaluate the Bikeway Master Plan. These are: o Determine current class and location of current and future bike facility needs. o Recommend type of racks and bicycle and bicycle storage facilities and location thereof. o Recommend site amenities such as wall, benches, and bike rest stops. o Preparation of cost estimates for recommended facilities for the implementation of the facilities plan. o Recommendations relative to phasing the implementation of the facilities plan. o Recommended frequency and location for bicycle counts. o Outline methods and format for bicycle use survey. A. Conceptual Cost Estimate/Prioritization Strategy Once the bikeway system is identified, conceptual cost estimates and project phasing will be identified. High priority projects will be determined based on cost and construction feasibility, as well as need and benefit. Funding is a key element in implementing any of the bikeways. Consultant will list potential funding sources at various government levels. B. Identify Educational and Outreach Programs In effort to increase the use of bicycle as an alternative transportation, consultant will provide recommendations for safety, educational programs, and community outreach programs. Page 3 of 11 Ten (10) copies of the Draft Bikeway Master Plan to the City for review and comment. Task 4 Final Bikeway Master Plan Consultant will review the Draft Bikeway Master Plan comments from the City and incorporate any changes and revisions into the Final Bikeway Master Plan. One (1) copy of the revised Bikeway Master Plan for cursory review. Once it is approved, we will then provide to the City five (5) copies and one (1) reproducible master of the Final Bikeway Master Plan. IV. ANTICIPATED PROJECT SCHEDULE It is anticipated that this project can be completed within 120 calendar days. V. STATEMENT REQUIREMENTS A. General The Statement of Qualifications shall be concise, well organized and demonstrate an understanding of the required services. The statement shall be limited to 30 one-sided pages (8 1/2 inches X 11 inches), inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and back covers, cover letter, etc. Type size and margins for text pages should be in keeping with accepted standard formats for desktop publishing and processing and should result in no more than five hundred (500) words per page. 2. The Consultant will be evaluated based upon the information submitted in accordance with Section V. B. of this request. B. Contents Elements of statements submitted in response to this RFQ shall be in the following order and shall include: 1. Executive Summary Include a 1-2 page overview of the entire Statement of Qualifications describing its most important elements. 2. Identification of the Project Team Page 4 of 11 a. Legal name and address of company b. Legal form of company (partnership, corporation, joint venture, etc.). If joint venture, identify the members of the joint venture and provide all information required within this section for each member. c. Name, title, address and telephone number of the person to contact concerning the proposal. d. Name(s) and office address(es) of personnel working on the project. 3. Experience and Technical Competence The Consultant shall describe his or her experience in completing similar consulting efforts. List three (3) successfully completed projects of a similar nature, with the name of the company and project manager, telephone numbers, type of work performed, and value of consulting contracts. Projects currently being performed may be submitted for consideration. 4. Methods Proposed to Accomplish the Work Outline the methods proposed to accomplish the work. Outline the basic technical procedures and the managerial approach that the project team leadership will adopt to incorporate these methods into the overall project effort. Provide assurance that an adequate number of personnel will be available to provide the services required. Firms are encouraged to present suggestions that they believe will simplify the project and result in lower costs in the performance of the work. 5. Knowledge and Understanding of the "Environment" Describe the project team's experience working in the regional environment. The "environment" may be defined as the critical issues involved in the contemplated project. The Consultant shall describe the local presence it has established for maintaining communication with the City's Project Manager and staff. 6. Project Organization and Key Personnel a. The written Statement of Qualifications must include a discussion of the Consultant's staffing plan and level of personnel to be involved, their qualifications, experience, resumes, roles, and the name of the licensed professional who will be in overall charge of the project and required coordination with the City. Indicate the role and responsibility of prime consultant and all sub -consultants. If applicable, indicate how local firms are being utilized to ensure a Page 5 of 11 strong understanding of local laws, ordinances, regulations, policies, requirements and permitting. The City' s evaluation of the proposal will consider the Consultant's entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City. Sub -consultant letters of commitment may be required. e. Identify proposed sub -consultants that will be retained to perform specified items of work identified in the Scope of Services, Section III. 7 Schedule of Fees a. The fee will be negotiated with the Selected Firm and shall include all necessary resources including labor, equipment, material, and transportation required to provide the services outlined in the Scope of Services, Section III. In the event that a fee for the required services cannot be negotiated with the Selected Firm, the City reserves the right to discontinue negotiations and begin negotiations with the second ranked firm. b. The statement of qualifications must include a "schedule of fees" which lists each personnel classification that will work on the project and the hourly rate charged for each classification. The negotiated fee will be based upon the number of hours each personnel classification works on the required services. It will be the responsibility of the consultant to outline an efficient schedule to accomplish the required services. 8. Exceptions to this Request for Qualifications The Consultant shall certify that it takes no exception(s) to this RFQ, including, but not limited to, the attached City's Standard Professional Services Contract, Exhibit B. VI. SUBMITTAL REQUIREMENTS A. Ten copies of the Statement of Qualifications shall be submitted. Statements submitted by e-mail or facsimiles are not acceptable and will not be considered. B. The proposal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Consultant and shall contain a statement to the effect that the submitting a statement is a showing of real interest that will remain in effect for 60 days. Page 6of11 C. The statement must be received no later than 5:30 p.m., on Thursday, November 10 , 2005, at the Engineering Counter in City Hall. Addressed to: Mr. Stephen Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City; CA 91950 Statements are to be submitted in sealed packages with the following information clearly marked on the outside of each package: 1. Name of Consultant 2. Project Title 3. Package Number (e.g., 1 of , 2 of ) E. Failure to comply with the requirements of the RFQ may result in disqualification. F. Statements of Qualifications and/or modifications received subsequent to the hour and date specified above will not be considered. G. All statements should be submitted according to the specifications set forth in the RFQ. Failure to adhere to these specifications may be cause for rejection. H. Late submittals, submittals to the wrong locations, and submittals with inadequate copies are non -responsive and will be rejected. I. All requests for clarification must be made in writing. The City will only respond to written questions from consultants who have received this RFQ. The City cannot respond to verbal questions submitted by telephone or in person. J. All statements shall become the property of the City and will be kept confidential with the exception of the successful proposal, which may become public upon acceptance. K. Once submitted, proposals, including the composition of the consulting staff, shall not be changed without prior written consent. VII. PRE -SUBMITTAL ACTIVITIES A. Questions Concerning this Request for Qualifications Page 7 of 11 All questions relating to the RFQ should be presented in writing to: City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Attn: Stephen M. Kirkpatrick, City Engineer B. Revision to the Request for Qualifications The City reserves the right to revise the RFQ prior to the indicated due date. VIII. CONSULTANT NOMINATING AND SELECTION PROCESS A. A consultant selection Committee will be established for this project. B. Based upon the proposals submitted, the Committee may select a short-list of qualified firms for this project. The City reserves the right to make the final consultant selection based solely upon evaluation of the written Statement of Qualifications (SOQ), without short -listing firms or conducting oral interviews, should it find it to be in its interest to do so. C. The Committee may interview the short-listed firms. Based upon the SOQ and interview, the Committee will rank the finalists as to qualifications. D. The Committee will enter into negotiations with the selected firm. The negotiations will cover: scope of work, contract schedule, contract terms and conditions, technical specifications, and schedule of fees. If the Committee is unable to reach an acceptable agreement with the selected firm, the negotiations will be terminated and negotiations with the second ranked firm will be initiated. E. After negotiating a proposed agreement that is fair and reasonable, the City Engineer will recommend to the City Council the approval of the agreement. Final authority to approve the agreement rests with the City Council. IX. EVALUATION CRITERIA Consultants will be evaluated on the following criteria: A. Project Understanding: • Comprehension of the Scope of Services • Awareness of the City's need Page 8 of I I 25 points • Overall interest in the project B. Project Team and Staffing Qualifications: 25 points • A combination of experience, education and background in design and construction administration of similar facilities • Level of involvement by firm(s) principal(s) C. Experience: 20 points • Relevant technical experience • Relevant projects completed • City's prior experience with the consultant D. Capabilities: 10 points • Capability of developing innovative or advanced techniques • Past performance on related assignments • Stature in industry E. Local Sensitivity: 10 points • Governmental and regulatory agency familiarity • Knowledge of the area and project • Distance from site; availability F. Financial Responsibility, Budgeting and Scheduling: 10 points • Cost control techniques • On time/within budget limits Total 100 points X. SCHEDULE FOR NOMINATION, SELECTION AND AWARD A. Proposals are due on: Thursday, November 10, 2005, 5:30 p.m. B. Evaluation of qualifications and scheduling of interviews by: December 1, 2005. XI. SPECIAL CONDITIONS Page 9 of 11 A. Reservations This RFQ does not commit the City to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFQ, or to procure or contract for work. B. RFQ as a Public Record All statements submitted in response to this RFQ become the property of the City and thus become public records and, as such, may be subject to public review. C. Right to Cancel The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFQ, including but not limited to: selection schedule, submittal date, and submittal requirements. D. Additional Information The City reserves the right to request additional information and/or clarification from any or all respondents to this RFQ. E. Conflict of Interest The City has established a policy concerning potential conflict of interest in program management, design and construction. This policy applies to all proposers and their proposed consultants/sub-consultants. See Exhibit A, Standard Professional Services Contract, for additional information. Public Information Consultants who wish to release information regarding the consultant selection process, contract award or data provided by the City at any Public Hearing must receive prior written approval from the City before disclosing such information to the public. G. Contract for Professional Services The selected consultants will be required to sign the attached Standard Professional Services Contract, Exhibit A, and all other required certifications and documentation within fifteen (15) calendar days of notification of selection. H. Insurance Requirements Page 10 of 1 1 The City requires consultants doing business with it to obtain insurance, as described in the Standard Professional Services Contract. The required insurance certificates must comply with all requirements of the standards as described in the contract and must be provided (original copy) within fifteen (15) days of notice of selection and prior to the commencement of any work on the project. XII. ATTACHMENTS Exhibit A - Standard Professional Services Contract Thank you for your interest in contracting opportunities with the City of National City. Sincerely, Stephen kpatrick City Engi Page 11 of 11 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THIS AGREEMENT is entered into this day of 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and p a (the "CONTRAC- TOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide WHEREAS, the CITY has determined that the CONTRACTOR is a (delete and insert tvoe of business) and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit " " The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit " "to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised April 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit " "shall not exceed the schedule given in Exhibit "" (the Base amount) without prior written authorization from the . Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with. Exhibit ""as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit " " 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the 2 Revised April 2005 CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Revised April 2005 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised April 2005 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 5 Revised April 2005 purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. ment. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or 6 Revised April 2005 suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may. also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by 7 Revised April 2005 overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: (Insert name and title) City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised April 2005 [1 If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has 9 Revised April 2005 consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Delete line & Insert Co's Name — in bold) (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Nick lnzunza, Mayor (Name) APPROVED AS TO FORM: (Title) By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised April 2005 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 4, 2005 AGENDA ITEM NO. 27 ITEM TITLE Resolution Giving Notice of Intention to Vacate portions of 7 Street east o Avenue, and Pleasant Lane north of E. 8th Street. (Case File No. SC-2005-1) PREPARED BY Angela Reeder 336-4310 DEPARTMENT EXPLANATION Planning rcaaia EXT. The Planning Commission held a public hearing on this item at their September 19, 2005 meeting, and recommended approval of the street vacation. The next step in the process is Council adoption of a resolution setting a public hearing date. Associated agenda items include: • Public Hearing for a General Plan and Land Use Code amendment regarding the Private Institutional (IP) Zone • Public Hearing for a Tentative Subdivision Map and Planned Development Permit for 96 condominium units Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the attached resolution be adopted to schedule a public hearing for this street vacation request. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the vacation. Vote: Ayes — Graham, Reynolds, Martinelli, Alvarado, Carrillo. No: Flores, Baca. Abstain: Pruitt. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE PORTIONS OF 7TH STREET EAST OF ARCADIA AVENUE AND PLEASANT LANE NORTH OF EAST 8TH STREET CASE FILE NO. SC-2005-1 WHEREAS, the City Council hereby declares its intention to vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code, a portion of 7th Street east of Arcadia Avenue and Pleasant Lane north of East 8th Street, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the time for hearing any and all persons interested in or objecting to the proposed vacation is hereby set for 6:00 p.m., in the City Council Chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RM-2-PD a44 STREET VACATION AREA ASSOCIATED PROJECT LOCATION LOCATION MAP Street Vacation for a portion of 7th Street and Pleasant Lane ZONING BOUNDARY SC-2005-1 OM s • NATIONAL CITY PLANNING 7, 31( DRN. DATE: 5/11/05 INITIAL HEARING: 9/19/05 EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE October 4, 2005 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MBIA MUNISERVICES TO PROVIDE A REPORT OUTLINING THE ACTIONS REQUIRED TO CONSOLIDATE THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WITH THE ADMINISTRATION OF THE CITY OF NATIONAL CITY, TO BE UNDER THE SUPERVISION OF THE CITY MANAGER PREPARED BY George H. Eiser, IIIDEPARTMENT City Attorney 4221 28 Pursuant to the discussion at the September 20 City Council meeting, the proposed resolution would authorize the Mayor to execute an agreement with MBIA Muniservices to provide a report outlining the actions required to consolidate the administration of the CDC with that of the City, under the supervision of the City Manager. Environmental Review Financial Statement Services to be provided at a cost not to exceed $25,000. STAFF RECOMMENDATION Adopt resolution. X N/A Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Proposed resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MBIA MUNISERVICES TO PROVIDE A REPORT OUTLINING THE ACTIONS REQUIRED TO CONSOLIDATE THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WITH THE ADMINISTRATION OF THE CITY OF NATIONAL CITY, TO BE UNDER THE SUPERVISION OF THE CITY MANAGER WHEREAS, the City desires to employ a contractor to provide a report outlining the actions required to consolidate the administration of the Community Development Commission of the City of National City with the administration of the City of National City, to be under the supervision of the City Manager. WHEREAS, the City has determined that MBIA MuniServices is a municipality consultant and is qualified by experience and ability to perform the services desired by the City, and the MBIA MuniServices is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with MBIA MuniServices to provide a report outlining the actions required to consolidate the administration of the Community Development Commission of the City of National City with the administration of the City of National City, to be under the supervision of the City Manager. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MBIA MUNISERVICES COMPANY THIS AGREEMENT is entered into this day of 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and MBIA MuniServices Company, a Delaware Corporation (the "CONTRAC- TOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide a report outling the actions which will be required to consolidate the administration of the Community Development Commission of the City of National City with the administration of the City of National City, to be under the supervision of the City Manager. WHEREAS, the CITY has determined that the CONTRACTOR is a municipality consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of TBD % from the base amount. October 2005 3. PROJECT COORDINATION AND SUPERVISION. Chris Zapata hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Patricia Nunn thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit"A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. October 2005 2 Agreement between the City of National City and MBIA MuniServices Company Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limitedto retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. October 2005 3 Agreement between the City of National City and MBIA MuniServices Company 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. October 2005 4 Agreement between the City of National City and MBIA MuniServices Company 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. October 2005 5 Agreement between the City of National City and MBIA MuniServices Company 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. ment. H. Any aggregate insurance limits must apply solely to this Agree - Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. October 2005 6 Agreement between the City of National City and MBIA MuniServices Company For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. October 2005 7 Agreement between the City of National City and MBIA MuniServices Company 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 MBIA MuniServices Company 7335 N Palm Bluffs Avenue Fresno, CA 93711 Attn: Legal Department legal@muniservices.com Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it October 2005 8 Agreement between the City of National City and MBIA MuniServices Company has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. October 2005 9 Agreement between the City of National City and MBIA MuniServices Company K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MBIA MUNISERVICES COMPANY By: By: Nick Inzunza Marc Herman Mayor President APPROVED AS TO FORM: By: George H. Eiser, III Kevin Cerutti City Attorney Chief Financial Officer October 2005 10 Agreement between the City of National City and MBIA MuniServices Company