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2005 12-06 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 — December 6, 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 govemment will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager any matter that you desire the City Council to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council action must be brought back on a subsequent Council Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. 17, - 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 PRESENTATIONS COUNCIL AGENDA 12/6/05 PAGE 2 1. Presentation by Roy Segovia of Ra Media, regarding the results of the paralingual survey. 2. Asthma Committee Presentation — Veronica Serrano 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. 3. Approving the Minutes of the Regular Meeting of October 4, 2005. 4. Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc. in the amount of $120,725 for miscellaneous concrete improvements including curbs, gutters, sidewalks and pedestrian ramps at various locations. This project is funded with a Community Development block grant and gas tax. (Public Works/Engineering) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with the Environmental Health Coalition in the amount of $189,258 to perform Healthy Homes inspections in the target area west of 1-805 for HUD Healthy Homes grant. (Building & Safety) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to the employment agreement between the City of National City and City Manager Chris Zapata to reduce the salary of the City Manager by ten percent. (City Manager) 7. WARRANT REGISTER #19 (Finance) Ratification of Demands in the amount of $1,304,903.07. 8. WARRANT REGISTER #20 (Finance) Ratification of Demands in the amount of $739,409.49. PUBLIC HEARINGS 9. Public Hearing to determine whether the Public Health, Safety the formation of underground utility District No. 24 (Phase 1) National City Boulevard to Highland Avenue. (Engineering) COUNCIL AGENDA 12/6/05 PAGE 3 or Welfare require on 8th Street from 10. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartments units (Le National) to condominiums at 1306 E. 18th Street. (S 2003-06/CUP2003-25). (Planning) 11. Public Hearing — Tentative Subdivision Map for the division of one 42,250 square foot lot into six lots on a property located approximately 125 feet east of Cypress Street and adjacent to the south side of La Vista Cemetery. (Applicant: Cypress Glen, LLC) (Case File No. S-2005-10) (Planning) 12. Public Hearing — Tentative Subdivision Map for the division of one 16,675 square foot lot into eleven Tots, and a variance for building height on a property at 2504 Highland Avenue. (Applicant: Cheng Capital) (Case File No. S-2005-4/Z-2005-6) (Planning) 13. Public Hearing — Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 E. 19th Street. (Applicant: CondoConversions.com) (Case file No. S-2005-3 \ CUP 2005-4) (Planning) NEW BUSINESS 14. Formation of Paratransit Issuance Evaluation Committee. (Finance) 15. Alpha Project Progress Report — October 1, 2005 — November 1, 2005. (Public Works) MAYOR AND CITY COUNCIL COUNCIL AGENDA 12/6/05 PAGE 4 NEW BUSINESS (Cont.) CLOSED SESSION Conference with Labor Negotiators — Government Code Section 54957.6 Agency designated representatives: Alfredo Lopez, Ryan Hyland, Roger Post, Kathleen Trees, and Captain Leonard Knight Employee Organization: Municipal Employees' Association Next Regular City Council Meeting — Tuesday — December 20, 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 ITEM # 1 12/6/05 PRESENTATION BY ROY SEGOVIA OF RA MEDIA, REGARDING THE RESULTS OF THE PARALINGUAL SURVEY ITEM #2 12/6/06 ASTHMA COMMITTEE PRESENTATION - VERONICA SERRANO - ITEM #3 12/6/05 APRROVING THE MINUTES OF THE REGULAR MEETING OF OCTOBER 4, 2005 Approved By: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 4 AGENDA ITEM NO. i)TEM TITLE Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $120,725 for Miscellaneous Concrete Improvements including Curbs, Gutters, Sidewalks, and Pedestrian Ramps at various locations — This project is funded with a Community Development Block Grant and Gas Tax. PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXT. 4387 EXPLANATION See attached explanation ( Environmental Review X N/A MIS Approval Financial Statement The total estimated amount for the work is $147,225. The funds are available in Account Nos. 109-409-500-598-6134 ($50,000), and 301-409-500-598-61 7 ($100,000). Account No. Financi'rector STAFF RECOMMENDATION Adopt the Resolution. �-__rI BOARD / COMMIS I RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Bib Opening Information Sheet 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (Rev. 7/03) Re: Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $120,725 for Miscellaneous Concrete Improvements including Curbs, Gutters, Sidewalks, and Pedestrian Ramps at various locations — This project is funded with a Community Development Block Grant and Gas Tax. The project involves the removal and replacement of the existing curb and gutter, and installation of new curb and gutter (560-LF), sidewalk (2700-SF), and installation of new concrete sidewalks (3850-SF), and pedestrian ramps (25-EA), including minor pavement repairs, at various locations in National City. The project was advertised on the local and regional newspapers. On November 9, 2005, four bids were received and opened for the project. Staff has reviewed the bid documents and found the lowest responsive bidder, Portillo Concrete, Inc. to be qualified to perform the work. The total cost for the work is estimated at $147,225. This amountincludes the proposed lowest bid amount ($120,725), approximately 5% ($6,000) for surveying, approximately 7% ($8,500) for inspection, and approximately 10% ($12,000) for contingencies. The Bid Opening Information Sheet and the cost proposals for the three low bidders are attached for further review. A biography of Portillo Concrete, Inc., is attached. RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC., IN THE AMOUNT OF $120,725 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WITHIN NATIONAL CITY USING COMMUNITY DEVELOPMENT BLOCK GRANT AND GAS TAX WHEREAS, the Engineering Department of the City of National City did, in open session on November 9, 2005, publicly open, examine and declare four sealed bids for miscellaneous concrete improvements, including curbs, gutters, sidewalks and pedestrian ramps at various locations within National City; and and gas tax. WHEREAS, this project will be funded by a Community Development Block Grant NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements at various locations within National City to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Portillo Concrete, Inc., and the City of National City for miscellaneous concrete improvements, including curbs, gutters, sidewalks and pedestrian ramps at various locations within National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 05-04 PROJECT TITLE: MISC. CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS OPENING DATE: WEDNESDAY, NOVEMBER 9, 2005 TIME: 3:OOPM ESTIMATE: $ 113,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME AND ADDRESS BID AMOUNT (PAGE 14) ADDENDA (PAGE 12) BID SECURITY (PAGE 17-CHECK (PAGE 18-BOND) 1. PORTILLO CONCRETE, INC 3528 HARRIS STREET $120,725.00 X X 2. KOCH ARMSTRONG GEN. ENG., INC. P.O. BOX 1190 LAKESIDE, CA 92040 $137,100.00 X X 3. TRI-GROUP CONSTRUCTION AND DEVELOPMENT 13943 POWAY RD "B" $181,805.00 X X 4. PALM ENGINEERING CONSTRUCTION CO., INC. 3770 HANCOCK STREET STE. H SAN DIEGO, CA 92110 $196,450.00 X X 5. 6. Misc. Concrete Improvements at various locations in National City Spec. No. 05-04 QTY Item D City Of National City 1243 National City Boulevard, National City, CA 91950 Tri-Group Construction Progress Est No. 11/10105 1 1 LS Clearing and Grubbing including Storm $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 Water Pollution Prevention 2 2700 SF Concrete Sidewalk Removal and Replace- $ 7.00 $ 18,900.00 $ 8.00 $ 21,600.00 $ 9.50 $ 25,650.00 ment Per G-7 3 2 EA Installation of Pedestrian Ramp Per G-28, $ 1,500.00 $ 3,000.00 $ 1,800.00 $ 3,600.00 $ 2,800.00 $ 5,600.00 Type A-1 (Modified) 4 16 EA Installation of Pedestrian Ramp Per G-29, $ 1,500.00 $ 24,000.00 $ 1,800.00 $ 28,800.00 $ 2,600.00 $ 41,600.00 (Modified) 5 7 EA Installation of Pedestrian Ramp Per G-31, $ 1,500.00 $ 10,500.00 $ 1,700.00 $ 11,900.00 $ 2,300.00 $ 16,100.00 (Modified) with curb wall on PL. 6 550 LF New 6" or 8" Type "G" Curb and Gutter $ 30.00 $ 16,500.00 $ 33.00 $ 18,150.00 $ 39.00 $ 21,450.00 Per G-2 7 10 LF 6" or 8" Type "G" Curb and Gutter $ 50.00 $ 500.00 $ 50.00 $ 500.00 $ 48.00 $ 480.00 Removal and Replacement Per G-2 8 45 TN Variable Thickness A.C. $ 175.00 $ 7,875.00 $ 140.00 $ 6,300.00 $ 200.00 $ 9,000.00 9 1 LS Traffic Control $ 3,000.00 $ 3,000.00 $ 11,400.00 $ 11,400.00 $ 8,000.00 $ 8,000.00 10 3850 SF Installation of New Sidewalk Per G-7 $ 7.00 $ 26,950.00 $ 7.50 $ 28,875.00 $ 8.50 $ 32,725.00 11 20 TN Crushed Miscellaneous Base $ 100.00 $ 2,000.00 $ 110.00 $ 2,200.00 $ 280.00 $ 5,600.00 12 50 SF Remove & Replace Driveway Per G-14 A/B $ 50.00 $ 2,500.00 $ 15.50 $ 775.00 $ 12.00 $ 600.00 Total $ 120,725.00 $ 137,100.00 $ 181,805.00 Prepared by: Mope 02 04 02:31p Por.lo Concrete (61814116 - 4685 p.2 PORTILLO CONCRETE, INC. State Lic. No. #680144 (A/B/C-8) Exp. 10/31/06 3528 Harris St. Lemon Grove, Ca. 91945 Office (619) 466-4639 Fax (619) 466.4685 November 2, 2004 To: City of National City From: Portillo Concrete, Inc. Subject: Company Biography Portillo Concrete Inc. was established in October 1994 by Mario Portillo (who is now the President and CEO) as a sole proprietorship working on small city projects and small commercial developments. The company was incorporated in July, 2000, with the current President and CEO, and Tina Portillo as Secretary and CFO. The company is currently bonded with Insurance Company of the West, with a bonding limit of 2 million dollars. We are currently working directly for the City of Chula Vista, City of National City, City of San Diego, Escondido Union High School District, Sweetwater Union High School District, and San Diego Unified School District. We have recently completed projects with the City of Escondido, City of San Diego, City of National City, Chula Vista Elementary School District, and Sweetwater Union High School District. Our primary focus of work is the removal and replacement of concrete, as well as the rehabilitation of concrete flatwork with various school districts_ We pride ourselves with the fact that we do the majority of the work in house with our own forces. We do our own sawcutting, demolition, trucking, concrete delivery and pumping. Sincerely, Mario Portillo, President .nEETING DATE Decembert;6, City of National City, California COUNCIL AGENDA STATEMENT 5 2-905 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with the Environmental Health Coalition in the amount of $189,258 to perform Healthy Homes inspections in the target area west of I-805 for the HUD Healthy Homes grant, ENT Kathleen Trees ,L� Building & Safety 4213 On November 1, 2005 the City of National City was awarded $996,495 in grant funds from the U.S. Department of Housing and Urban Development (HUD) to perform Healthy Homes inspections in the target area west of I-805. The Healthy Homes inspections will include inspecting units for indoor environmental health violations in addition to the inspections performed by the City's housing inspectors. As a sub -grantee, the Environmental Health Coalition will be responsible for program outreach. The EHC will provide the program brochure and distribute it to residents. In addition, they will collect application information and determine and applicants eligibility. The EHC promotoras will be trained to make an initial assessment of the housing unit for lead, cockroaches, carbon monoxide and mold and mildew prior to assigning the unit to the City and PVH inspectors. The promotoras will also make follow-up visits to educate the tenants on how to prevent the recurrence of hazards. 1-Environmental Review _XN/A Financial Statement Funds will come from the HUD Healthy Homes grant award. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A TTACHMENTS ( Listed Below ) Resolution Contract Account No. Resolution No. A-200 (9/80) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ENVIRONMENTAL HEALTH COALITION IN THE AMOUNT OF $189,258 TO PROVIDE OUTREACH FOR HEALTHY HOMES INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD HEALTHY HOMES GRANT WHEREAS, the City desires to employ a contractor to provide outreach for Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant; and WHEREAS, the City has determined that Environmental Health Coalition is a non-profit corporation, and is qualified by experience and ability to perform the services desired by the City, and Environmental Health Coalition 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 Environmental Health Coalition in the amount of $189,258 to provide outreach for Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 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 ENVIRONMENTAL HEALTH CORPORATION THIS AGREEMENT is entered into this 15th day of November, 2005, by and between the CITY OF NATIONAL CITY, .a municipal corporation (the "CITY"), and the Environmental Health Coalition, a non-profit corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide outreach for healthy homes inspections. WHEREAS, the CITY has determined that the CONTRACTOR is a non-profit corporation 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 0% from the base amount. Revised April 2005 3. PROJECT COORDINATION AND SUPERVISION. Kathleen Trees hereby is designated as the Project Coordinator for the CITY and will monitor the progress and . execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Leticia Ayala 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 workdescribed in Exhibit "A"shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Director. 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 fumishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes; —and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised April 2005 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 hams 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 govemmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the fumishing 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 hasnotified 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 andproperty 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 anyloss 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. 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. ment. 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 Tess any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by 7 Revised 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 ovemight 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: Kathleen Trees City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Diane Takvorian, Executive Director Environmental Health Coalition 401 Miles of Cars Way, Suite 310 National City, CA 91950 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 ❑ 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. —14 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 ENVIRONMENTAL HEALTH COALITION (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole pro rietorship - one signature) By: By. Nick Inzunza, Mayor (Name APPROVED AS TO FORM: George H. Eiser, III City Attorney (Title) By: /e77 (Name) l0 (Title) 10 Revised April 2005 EXHIBIT A SCOPE OF SERVICES 101. Provide education, outreach and recruitment for healthy homes inspections in the areas west of interstate 805. a. Education: 1. Develop a program logo and produce 1,000 copies of a brochure explaining the benefits and eligibility requirements of the program. The brochure will be in English and Spanish and will be made available to the residents of National City in public places such as the library. 2. Hold quarterly training seminars for residents. 3. Provide in -home training when necessary. b. Outreach: 1. Distribute program brochures door-to-door to 600 units in the program areas. 2. Attend 2 health fairs in National City each year and the annual St Anthony's Church Fair. c. Recruitment: 1. Provide application forms and eligibility forms and help tenants/residents complete them. 2. Perfonn 150 initial environmental assessments for lead, cockroaches, carbon monoxide and mold and mildew using protocols developed by the Community Environmental Health Resource Center. 3. Perform follow-up visits after control work has been done and administer a short evaluation and assessment. 102. Attend quarterly advisory meetings and monthly meetings with the City and EHC. 103. Provide monthly progress reports EXHIBIT B COST SCHEDULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of ONE HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED FIFTY-EIGHT dollars ($189,258) in Federal Funds. Contractor's matching funds in the form of in kind services, shall not be less than FIFTEEN THOUSAND SIX HUNDRED SEVENTY FIVE ($15,675). 202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in Exhibit 1 may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which are not within the prescribed limitations of this paragraph and Exhibit 1 and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement (Attachment 1), this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) describe the services performed in detail, 2) indicate the amount of federal and matching funds charged by line item on Attachment 2 and 3) include adequate and appropriate documentation for the expenses claimed. EXHIBIT C Length of Agreement 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on October 31, 2008. ATTACHMENT 1 HOUSING AND URBAN DEVELOPMENT, OFFICE OF .HEALTHY HOMES AND LEAD HAZARD CONTROL GRANT PROGRAMS GRANT AGREEMENT PROVISIONS (FISCAL YEAR 2005) SCHEDULE OF ARTICLES 1. DEFINITIONS 2. SCOPE OF WORK (COST -REIMBURSEMENT) 3. PERIOD OF PERFORMANCE 4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENTS (SPECIAL CLAUSE) 5. CONDUCT OF WORK 6. KEY PERSONNEL 7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES 8. PROGRAM INCOME 9. INDIRECT COSTS 10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT - MATCHING) 11. BUDGET 12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS TRANSFER 13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM (LOCCS) 14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS 15. REVIEW OF DELIVERABLES INSPECTION AND ACCEPTANCE 16. COLLECTION OF DATA 17. LIMITATION ON CONSULTANT PAYMENTS 18. PUBLICATIONS AND NEWS RELEASES 19. REPRODUCTION OF REPORTS 20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS) 21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OVER $100,000) 22. PROJECT MANAGEMENT SYSTEM 23. EQUIPMENT 24. AMENDMENTS 25. CHANGES 26. DISPUTES 27. ORDER OF PRECEDENCE 28. OTHER ADMINISTRATIVE PROVISIONS 29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS 30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT 15 CIVIL RIGHTS DEMONSTRATORS 31. * * SPECIAL CONDITIONS CLAUSES FOR LEAD BASED PAINT HAZARD EVALUATION OR CONTROL ACTIVITIES 32. ENVIRONMENTAL POLICY ** NOTE: UNIQUE CLAUSES -CONTAIN SPECIAL REQUIREMENTS FOR ALL PROGRAMS CONDUCTING LEAD HAZARD EVALUATION OR CONTROL ACTIVITIES - PLEASE READ 1� 1. DEFINITIONS a) The term "grant" as used herein refers to either a grant or a cooperative agreement instrument. b) The term "grantee" as used herein also refers to recipients of cooperative agreements. c) The term "Grant Officer" means the official authorized by HUD to execute and/or administer this grant. This term also refers to a Cooperative Agreement Officer when the instrument is a cooperative agreement. d) The term "Government Technical Representative (GTR)" means the HUD individual who is responsible for the technical administration of the grant, the evaluation of performance under the grant, the acceptance of technical reports or projects, and other such specific responsibilities as may be stipulated in the grant. e) The term "Government Technical Monitor (GTM)" means the individual responsible for assisting a Government Technical Representative in the latter's performance of his/her duties. f) The term "Head of the Awarding Activity (HAA)" means a HUD official, at the Assistant Secretary level or equivalent, with authority for policy, award, and administration of discretionary grants within one or more HUD organizational elements. For this grant, the HAA is the Director of the Office of Healthy Homes Lead Hazard Control. g) The term "Guidelines" refers to the definitions, standards and information contained in the 2005 edition of the guide entitled "Guidelines for the Evaluation and Control of Lead -Based Paint in Housing" HUD,. The guidelines are incorporated by reference. h) The term "OHHLHC" means the HUD Office of Healthy Homes and Lead Hazard Control. i) The term "NOFA" means the Notice of Funding Availability which announced the availability of funding for this grant. 2. SCOPE OF WORK (COST -REIMBURSEMENT) The grantee shall furnish the necessary personnel, materials, services, equipment, facilities (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Statement of Work/Management and Work Plan and Benchmark schedule submitted with your original application under the NOFA for Fiscal Year 2005. Management and Work Plan (with Benchmark Standards), Deliverables and Budget. The Grantee shall complete and submit a detailed management and work plan (with Benchmark Standards), Deliverables and Budget within 60 days after the effective date of the grant. These revisions shall update the general plan submitted with the proposal and include any negotiation changes of the work plan or budget if applicable. The plan shall be developed according to the instructions and benchmark standards that will provided by the Government Technical Representative for the grant program as applicable. Instructions for the Lead Hazard Control Program and Healthy Homes programs are provided as follows: For the Lead Hazard Control Grant Program, use OHHLHC Policy Guidance Number 2001-03 "Revised Quarterly Progress Reporting Requirements" dated October I, 2001, as amended, and/or guidance from the GTR. The plan for the Healthy Homes Programs, should be prepared pursuant to the following outline: I. Background II. Project Goals and Objectives III. Project Tasks IV. Reporting and Deliverables V. Project Budget VI. Appendices The estimated number of housing units and structures in which evaluation and/or intervention activities are expected to take place should be included in the project goals and objectives section. Objectives of research components of the grant should be stated in terms of testable hypothesis in the work plan when possible. Tasks should be arranged sequentially or in a logical order within the work plan, and include supportive activities. The entity responsible for each task should be identified, and the timeframe for its completion stated. The tasks section should also include a discussion of the roles and responsibilities of the appropriate organizations that will be involved in completing the Institution Review Board review related to the protection of human subjects under this grant. For recipients of all other OHHLHC programs, please contact your Government Technical Representative to get specific instructions. The management and work plan consists of the goals and time -phased objectives and deliverables for each of the major tasks to be undertaken by the program. Benchmark standards (milestones) have been developed to assist the grantee plan and implement its program in a timely and cost- effective manner. A revised budget, in accordance with the final negotiation, shall be submitted (if necessary). The work plan shall also include a detailed narrative description of how assistance and funding will flow from the grantee to the actual performers of the hazard reduction work; the selection process for subgrantees and subcontractors; the selection process for the particular properties to be abated, the lead hazard control activities to be undertaken, and the screening, health, and other measures to be taken to protect children and other occupants. Where there is interdependence among the tasks, the work plan shall indicate how each interdependent task will provide needed inputs to the others. (Also, see Article 22, Project Management System — Work Plan). The revisions to the management and work plan deliverables and budget shall be submitted by December 1, 2005 and are subject to review and approval by HUD. When approved by the GTR and the Grant Officer, the work plan, deliverables and budget shall be incorporated as part of the grant agreement and amended/modified accordingly. 3. PERIOD OF PERFORMANCE AND INCURRING COSTS OR OBLIGATING FEDERAL FUNDS BEYOND THE EXPIRATION DATE a. The grantee shall provide all services stipulated in this award agreement for the period of months specified on the HUD 1044, "Assistance Award/Amendment" Continuation Sheet from the effective date stipulated in Block #5 of the HUD 1044.. Grantees are to comply with the requirements of 24 CFR 84.28 or 24 CFR 85.23 (Period of availability of funds), as applicable, in charging costs to the grant. All obligations incurred under the award must be liquidated not later than 90 days after the end of the funding period. The preparation of the final administrative and financial reports is to be completed within the 90-day closeout period. b. The grantee shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities. Closeout activities are normally limited to the preparation of final progress, financial, and required project audit reports unless otherwise approved in writing by the Grants Officer. c. Any extension of the award period can only be authorized by the Grants Officer in writing. Verbal or written assurances of funding from other than the Grants Officer shall not constitute authority to obligate funds for programmatic activities beyond the expiration date. d. The OHHLHC has no obligation to provide any additional prospective funding. Any amendment of the award to increase funding and to extend the period of performance is at the sole discretion of the OHHLHC. 4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENT The Grantee agrees that any funds under this grant used for lead -based paint or lead -based paint hazard evaluation or control activities shall be conducted by firms and persons qualified for the activities according to 24 CFR Part 35, subpart R (possessing, as applicable, certification valid for the State in which the activity is conducted as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or, for interim lead hazard control work, training in a HUD -approved course in lead -safe work practices), and that laboratories used for analysis of samples for lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection Agency for the analysis of those samples under its National Lead Laboratory Accreditation Program. 5. CONDUCT OF WORK During the effective period of this grant, the Government Technical Representative and/or the Government Technical Monitor identified in Block 9 of the HUD-1044 shall be responsible for monitoring the technical effort of the grantee, unless the grantee is notified in writing by the Grant Officer of a replacement. Only the Grant Officer has the authority to authorize deviations from this grant, including deviations from the Statement of Work/Work Plan. In the event the grantee does deviate without written approval of the Grant Officer, such deviation shall be at the risk of, and any costs related thereto, shall be borne by the grantee. 6. KEY PERSONNEL The personnel specified in the original proposal, stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the amendment, as key personnel are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other work, the grantee shall notify the Grant Officer and GTR reasonably in advance in writing and shall submit justification (including proposed substitutions (with the qualifications and experience of the substitute personnel)) in sufficient detail to permit evaluation of the impact on the work effort. No diversion shall be made by the grantee without the written consent of the Grant Officer. 7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES For the performance of the work under this instrument, HUD shall reimburse the grantee for costs incurred (hereafter referred to as "allowable costs") which are determined by the Grant Officer to be allowable, allocable, and reasonable in accordance with the following cost principles*: a. For colleges and universities: OMB Circular A-21. b. For State and local Governments: OMB Circular A-87. c. For other nonprofit organizations: OMB Circular A-122. d. For all other grantees, Federal Acquisition Regulation, Subpart 31.2. e. HUD Handbook 2210.18 Cost Principles for For -Profit Organizations. *The Revised Version of these documents in effect on the date of award shall govern. 8. PROGRAM INCOME Any program income derived as a result of this award shall be added to funds committed under your award to further activities eligible for assistance under this award. If not contained in the Work Plan or under Special Conditions itemized in these provisions, prior to using program income to further the objectives of the grant program, the parties shall mutually agree by written amendment on the use of program income. Program income received after the period of performance must be used to further the objectives of the applicable OHHLHC grant program for which this grant is awarded in accordance with CFR 24 Part 84.25/85.25 as applicable. 9. INDIRECT COSTS If the Grantee has received a provisional rate, pending establishment of a final rate, reimbursement will be made on the basis of the provisional rate. By accepting this award document, Grantee agrees to bill at the provisional indirect cost rate for the entire period of performance of the award agreement. At completion, of the grant, adjustments may be made from the provisional rate to the final rate. However, such adjustments must be within the total amount of the award as stated in Block 15 of the HUD-1044. 10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT — MATCHING) (See Blocks 14 of the HUD 1044) (a) The estimated cost for the performance of this grant is the "Total Instrument Amount". (b) The grantee shall be reimbursed by HUD for 100% of costs incurred in the performance of this grant. HUD shall not be obligated to reimburse the grantee in excess of the "Total HUD Amount". HUD reserves the right to withhold one -percent (1%) of the Federal grant amount pending the receipt and approval of a final progress report prepared in accordance with the Policy Guidance or GTR instructions for the specific OHHLHC program and any amendments. (c) The grantee agrees to bear without reimbursement by HUD the "Recipient Amount" of the total costs. The grantee is not obligated to contribute more than the "Recipient Amount". However, in the event that the grantee incurs costs in excess of the estimated cost of the "Total Instrument Amount". such excess shall be borne entirely by the grantee. (d) The grantee must satisfy all statutory matching requirements in the NOFA. If the grantee's actual matching contribution is less than "Recipient Amount" under Block 14 of the HUD 1044, the Government reserves the right to negotiate new line items and/or amounts to satisfy the grantee's match, or to reduce the Government's share proportionally. The grantee must satisfy all statuary matching requirements in the NOFA. The grantee shall notify the Government at any time it believes it will not meet its match by the completion of the grant. If the grantee exceeds the dollar amount shown above, there will be no impact on the Federal share. 11. BUDGET The grantee shall incur costs in conformance with the budget, presented in the original proposal stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the amendment. The grantee shall not commingle any funds computed under this grant with any other existing or future operating accounts held by the grantee. If the grantee has been contacted to submit documents to support the application that were not received prior to the execution of this grant, the grantee will not be allowed to draw down funds, exceeding 10% of the federal amount, until such time that the requirements have been met. Standard Form 269, Financial Status Report, detailing match or in -kind contributions shall be submitted on a quarterly basis. A final narrative and Standard Form 269 report detailing the progress made in achieving the purpose of the grant and adequate documentation of the total funds expended in support of the activities to achieve this purpose (both Federal and in -kind 10 percent match) are due 90 days after the end of the period of performance. See Article 10(b) regarding the holdback of 1% of the Federal amount pending the receipt and approval of the final narrative report. 12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS TRANSFER Advance payments by Treasury check or electronic funds transfer are hereby authorized under this grant. A Grantee that is subject to existing State program accreditation requirements may request an advance payment in writing, if applicable. HUD may provide to the grantee a one time cash advance that shall not exceed 10 percent of the grant amount, and shall be limited to the minimum amount needed for the actual, immediate cash requirements of the grantee in carrying out the tasks of this agreement and as agreed to by the Grant Officer. These funds cannot be used for conducting housing inspections or lead hazard control work in homes until the Grantee has an approved Request for Release of Funds and Certification (Form HUD 7015.15 and OHHLHC Policy Guidance Issuance 2000-01 dated 02/24/2000). Contact the OHHLHC Environmental Officer, Karen Choi at (213) 894-8000 x3015 for questions and mail the original and copies to the following addresses: Original: U.S. Department of Housing & Urban Development Attn: Environmental Officer, Karen Choi AT&T Building — Suite 1145 611 West 6" Street Los Angeles, CA 90017 Copies: (Block 8 Address of 1044) Attn: GTR in Block 9 of 1044 HUD will not make additional payments from the amount awarded to a grantee until the grantee's contractors and workers are qualified for the activities according to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or others having been trained in a HUD -approved course in lead -safe work practices). Any additional funds requested by the grantee shall be requested in accordance with Clause 13, "Estimated Cost And Payment - Line Of Credit Control System (LOCCS)" Should the grantee demonstrate an unwillingness or inability to establish procedures that will minimize the time elapsing between advances and disbursements, or fail to provide any required progress report in a timely manner, the authorization for advance payments may be revoked. The grantee may then be required to finance the project with its own working capital and payment to the grantee may be made by Treasury check to reimburse it for actual cash disbursements. 13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM (LOCCS) The grantee shall be reimbursed for costs incurred in the performance of work under this grant in an amount not -to -exceed "Total HUD Amount" in Block 14 of the HD 1044. In the event the grantee incurs cost in excess of this amount, the excess shall be borne entirely by the grantee. Incurred costs shall be reimbursed through HUD's Line of Credit Control System (LOCCS) using the electronic Voice Response System (VRS). LOCCS uses a computer software program, which ensures that requested payments do not exceed the amount authorized to the grantee. Each day LOCCS generates a payment tape for the Department of the Treasury, which disburses the payments via the Automated Clearinghouse (ACH) Payment System and a Voucher and Schedule of Payments. All payments are certified by HUD and forwarded to Treasury for processing. Before receiving funds from the VRS, the grantee must designate a financial institution in order for HUD to make direct deposit payments through the ACH system. In the event the grantee, during the performance of this grant, elects to designate a different financial institution for the receipt of any payments, notification of such change and the related information must be received by the Grant Officer 30 days prior to the date such change is to become effective. In order to have access to LOCCS and the VRS, the grantee shall obtain a Security ID and Password from HUD's LOCCS Security Officer, using the form HUD-27054, LOCCS Voice Response Access Authorization Form. The grantee shall submit the original vouchers for work performed to the GTR identified in Block 9 of the form HUD-1044. The voucher shall be supported by a detailed breakdown of the cost(s) claimed (Grantees are to use the Part 3 Financial Reporting Attachment included in Policy Guidance 2001-03). In order to assure proper payment, it is important that the voucher is in accordance with the payment amount requested through the VRS. Payment requires the authorized grantee to telephone the VRS and provide the Security ID number and requested information. Detailed instructions for using the LOCCS-VRS were provided in your transmittal letter. Funds advanced to the grantee shall be maintained in an interest bearing account. Any interest earned by the grantee as a result of the advanced funds shall be promptly returned to HUD. All check remittances should be sent to the new Miscellaneous Lockbox as follows: NationsBank — Bank of America DHUD P.O. Box 277303 Atlanta, GA 30384-7303 If the grantee is a State or local government, the grantee may retain up to $100.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 85.21). If the grantee is a University, non-profit or for profit organization, the grantee may retain up to $250.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 84.22). State universities and hospitals shall comply with CMIA, as it pertains to interest. Other funds due to HUD after the end date of the grant or close-out, as a result of internal audit or other reasons, will be returned to the GTR identified in Block 9 of the form HUD-1044 of this grant." 14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS By signing this agreement, the grantee also certifies that before awarding any subcontracts or sub - awards, it will ensure that the subcontractor or subrecipient is not included on the General Services Administration's (GSA) "List of Parties Excluded From Federal Procurement or Non - procurement programs". If a subcontractor or subrecipient is on the GSA's published list, they are ineligible for assistance and the grantee is restricted from awarding them a contract or subgrant. Copies of the GSA published list can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 or by email at the following site: http://epls.arnet.gov. 15. REVIEW OF DELIVERABLES a) Definition - For the purpose of this clause, "Deliverables" include: 1) All interim and final reports, 2) Survey instruments required by Statement of Work/Work Plan, and 3) Other physical materials and products produced directly under the Statement of Work/Work Plan of this grant. 4) Match, in -kind and leverage commitments. b) General 1) The GTR shall have the sole responsibility for HUD review, correction, and acceptance of the deliverables of this grant. Such review(s) shall be carried out promptly by the GTR, so as not to impede the work of the grantee. The Products of Work shall be deemed as accepted as submitted if the GTR has not issued written comments and/or required corrections within thirty (30) days of the date of the GTR's receipt of such product from the grantee. 2) The grantee shall carry out the required corrections, if any, provided by the GTR and shall promptly return a revised copy of the product to the GTR. 3) 4) The GTR's review, correction, and acceptance of deliverables shall be limited to: (1) corrections of omissions or errors of fact, methodology, or analysis; (2) deletion of irrelevant materials; and (3) improvements in style readability. 5) In the review and acceptance of deliverables, the GTR may not require any change in the grantee's stated views, opinions, or conclusions. 6) Should there be any disagreement between the grantee and the GTR as to any correction, or the methodology or analysis on which any conclusion is based, the GTR may require the grantee to insert a Govemment dissent(s) in the appropriate place(s). The inclusion of such dissent(s) in an Official Product of Work, otherwise found acceptable by GTR, and the return to the GTR of a revised copy containing the dissent(s), shall satisfy the requirements for acceptance of the Official Product of Work under this clause. 7) Such dissent(s) shall not apply to any independent publication by the grantee of Independent Products that may arise from the work or findings of this grant. 16. COLLECTION OF DATA Collection of data from ten or more respondents and sponsored by HUD shall be subject to the Paperwork Reduction Act (44 U.S.C. 3501 - 3520). If a survey instrument for a collection of data sponsored by HUD is proposed, it will be subject to review and approval by the Office of Management and Budget (OMB). Such review and approval must be obtained prior to the use of the survey instrument. Also, a time element is involved here, which may considerably lengthen the time required for completion of the project proposed. Careful consideration should be given to any proposal, which requires the use of a survey or other information collection sponsored by HUD. The collection of data is deemed to be sponsored by HUD only under the following conditions (5 CFR 1320.3): or a) The grantee is conducting the collection of information at the specific request of HUD; b) The terms and conditions of the grant require specific approval by HUD of the collection of information or collection procedures. Note that if the grantee decides on its own to collect information and it does not need HUD approval to do so, then HUD is not the "sponsor" of the information collection. 17. LIMITATION ON CONSULTANT PAYMENTS As required by HUD's Appropriations Act, salary payments to consultants under this instrument shall not exceed the equivalent of the maximum daily rate paid to level IV of the Executive Schedule for Federal Employees. This limitation refers to consultants hired through the grantee's personnel system, but not to consultants who perform as independent contractors. 18. PUBLICATIONS AND NEWS RELEASES a) Definition. For the purpose of this clause, "publication" includes: 1) Any document containing information for public consumption; or, 2) The act of, or any act, which may result in, disclosing information to the public. b) The results of this program are planned to be made available to the public through dedication, assignment by HUD, or such other means as the Secretary shall determine. c) Government Ownership of Official Products of Work All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments, computer tapes, and any other physical materials and products produced directly under the Statement of Work/Work Plan of this grant are considered Official Products of Work, owned by the Govemment and held for the benefit of the public. d) Publication of Official Products of Work Official Products of Work, quotations therein, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period of sixty (60) days after acceptance of the product by the GTR. Thereafter, the grantee shall be free to publish without HUD approval. e) Acknowledgment and Disclaimer All Official Products of Work, or any part thereof, and any Independent Products and Special Products arising out of this instrument, when published by the grantee or other participants in the work, shall contain the following acknowledgment and disclaimer: fl "The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this grant that may be made by the grantee or its staff, or any subcontractor or other person or organization participating in the work of this grant shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with paragraph (c) above. 19. REPRODUCTION OF REPORTS BRANCH PROCUREMENT OF CERTAIN KINDS OF PRINTING; "PRINTING" DEFINED Pub. L. 102-392, title II, Sec. 207(a), Oct. 6, 1992, 106 Stat. 1719, as amended by Pub. L. 103-283, title II, Sec. 207, July 22, 1994, 108 Stat. 1440; Pub. L. 104-201, div. A, title XI, Sec. 1112(e)(1), Sept. 23, 1996, 110 Stat. 2683, provided that: (1) None of the funds appropriated for any fiscal year may be obligated or expended by any entity of the executive branch for the procurement of any printing related to the production of Government publications (including printed forms), unless such procurement is by or through the Government Printing Office. (2) Paragraph (1) does not apply to (A) individual printing orders costing not more than $1,000, if the work is not of.a continuing or repetitive nature, and, as certified by the Public Printer, if the work is included in a class of work which cannot be provided more economically through the Government Printing Office, (B) printing for the Central Intelligence Agency, the Defense Intelligence Agency, National Imagery and Mapping Agency, or the National Security Agency, or (C) printing from other sources that is specifically authorized by law. (3) As used in this section, the term 'printing includes the processes of composition, platemaking, presswork, duplicating, silk screen processes, binding, microform, and the end items of such processes. 20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS) Patent rights are as specified in 37 CFR Part 401, entitled "Rights to Inventions made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts and Cooperative Agreements". Inquiries regarding this Patent Rights clause should be in writing and directed to: Grant Officer Office of Healthy Homes and Lead Hazard Control U.S. Department of Housing and Urban Development 451 Seventh Street SW Washington, DC 20410-3000 21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OVER $100,000) Section 1352 of Title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the' awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 22. PROJECT MANAGEMENT SYSTEM DELIVERABLES The grantee shall include a schedule listing all significant project milestones, and dates for submission of all project deliverables including quarterly project reports, interim reports where appropriate, the final report, and financial reports utilizing HUD form 269. Upon approval of the work plan, the grantee should ensure all deliverables identified in the Work Plan and Benchmark schedule are delivered on time. QUARTERLY PROJECT REPORTS Quarterly reports will be due no later than December 31, April 30, July 31, and October 31, for each respective quarter following the initiation of the grant through project closeout. A template to be used in the preparation of each quarterly report will be provided by our office at a later date. Quarterly reports must reflect activities undertaken, obstacles encountered, and accomplishments in each calendar quarter. Contracts, training materials and protocols, rosters of persons trained, outreach and educational materials prepared, and other significant products developed to implement, analyze or control the project or disseminate information are to be submitted with the quarterly y reports as attachments. FINAL REPORT A final report shall be submitted. The final report shall summarize the applicant's plans, execution of the plans, achievements noted, and lessons learned. The report need not be lengthy, but should be of a quality and detail to provide freestanding description to any outside reader of all of the applicant's work and achievement under the grant. Specific and detailed guidance on preparing the forms and the narratives may be obtained from the GTR. Grantees under the Lead Hazard Control Grant Program, and the Lead Hazard Reduction Demonstration Grant Program shall use the HUD Office of Healthy Homes and Lead Hazard Control (OHHLHC) Project Management System specified in this clause. The HUD OHHLHC system requires the submission of a work plan with specific, time phased, and realistic goals, objectives, and benchmark milestones established. Quarterly status reports that show progress and measure performance of the program in meeting approved work plan goals, objectives and benchmark milestones are to be submitted. The Project Management System utilizes quantifiable data and a narrative description of progress. For more specific details and guidance, please refer to the OHHLHC's Lead Hazard Control Grant Program Policy Guidance Number 2001-03 Revised Quarterly Progress Reporting Requirements for the Lead Hazard Control Grant Program dated October 1, 2001, as amended Quarterly Progress Reports are to be submitted according to the requirements of the Lead Hazard Control Grant Program Policy Guidance Number 2001-03. The quarterly progress reporting system is web -based and requires an Internet connection. Grantees are to complete the quarterly progress report (Form-HUD-96006) by accessing http://www.leadgrantonline.net via the Internet,. or other Internet address or other method, as advised by the GTR. In the event that a grantee cannot access the Internet, a "Word template" version is available. Completed quarterly reports in this format should be submitted to: grantee_quarterly@hud.gov (use underscore) or other Internet address or other method, as advised by the GTR. NOTE: Grantees are required to have approval from their Government Technical Representative (GTR) prior to submitting the report using the Word template forma✓! Grantees are to submit quarterly progress reports as soon as possible, but no later than 30 days after the end of each calendar year quarter. Grantees, for all programs, are advised that failure to submit timely quarterly progress reports will result in not having their "LOCCS VRS Request Voucher for Grant Payment" processed and/or approved for payment until such time as the quarterly progress report is submitted to HUD. 23. EQUIPMENT The following equipment is allowable, in accordance with the OHHLHC NOFA for the applicable grant program, to be acquired for the performance of this grant is identified as follows: XRF Instruments X-ray fluorescence (XRF) instruments purchased with Federal funds for use in the OHHLHC Grant programs will remain the property of the grantee under the conditions cited in 24 CFR 84.34 or 85.32, as applicable. 24. AMENDMENTS This grant may be modified at any time by a written amendment. Amendments, which reflect the rights and obligations of either party, shall be executed by both HUD (the Grant Officer) and the grantee. Administrative amendments, such as changes in appropriation data, may be issued unilaterally by the Grant Officer. 25. CHANGES: In accordance with 24 CFR 85.30 or 84.25, as applicable, Grantees or subgrantees must obtain the prior approval of the awarding agency whenever any programmatic changes are anticipated to include the following: (1) Any revision of the scope or objectives of the project (regardless of whether there is an associated budget revision requiring prior approval). (2) Need to extend the period of availability of funds. (3) Budget revisions that are 10% or more of the cumulative transfers among direct cost categories, or, if applicable, among separately budgeted programs, projects, functions, or activities which exceed or are expected to exceed ten percent of the current total approved budget, whenever the awarding agency's share exceeds $100,000. (4) Changes in key persons in cases where specified in an application or a grant award. In research projects, a change in the project director or principal investigator shall always require approval unless waived by the awarding agency. (5) Under non -construction projects, contracting out, subgranting (if authorized by law) or otherwise obtaining the services of a third party to perform activities, which are central to the purposes of the award. 26. DISPUTES During performance of the grant, disagreements may arise between the grantee and the Grant Officer on various issues. If a dispute concerning a question of fact arises, the Grant Officer shall prepare a final decision, taking into account all facts and documentation presented. The decision shall be mailed to the grantee. The grantee may appeal the decision within thirty (30) days to the Deputy Secretary of HUD, or his or her designated representative. 27. ORDER OF PRECEDENCE In the event of any inconsistency among any provisions of this grant, the following order of precedence shall apply: a. NOFA b. Management and Work Plan c. Grantee Certification Program Requirement d. Statement of Work/Work Plan (excluding the grantee's proposal, if incorporated). e. Special Conditions f. Schedule of Articles. g. Uniform Administrative Requirements. h. Grantee's Proposal (if incorporated). 28. OTHER ADMINISTRATIVE PROVISIONS The grantee shall comply with all standard assurances, which were executed as part of the application process. 29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS All provisions of 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations" apply to these grantees. The grantee shall comply with all standard assurances, which were executed as part of the application process. All provisions of 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" apply to these grantees. The grantee shall comply with all standard assurances, which were executed as part of the application process. For the full text follow these instructions (which were valid at the time of grant award; alternative methods may be required as determined by the Government Printing Office): 1. Go to the following web site: http://www.gpoaccess.gov/cfr/ 2. Under Most Current Data, in the Quick Search block, for 24 CFR 84, enter "24CFR84" with quotation marks and without spaces; similarly, for 24 CFR 85, enter "24CFR85". 3. For 24 CFR 84, scroll down to (24CFR84—Part 84— Uniform Administrative Requirements For Grants And Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations). Click the word "text" to view the text file. For 24 CFR 85, scroll down to (24CFR85—Part 85 Administrative Requirements for State, Local and Federally Recognized Indian Tribal Governments). Click the word "text" to view the text file. 30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS This certification applies to any grant or cooperative agreement using funds appropriated under section 103 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304). The applicant certifies that it has adopted and is enforcing: a) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 31. SPECIAL CONDITIONS CLAUSE FOR LEAD -BASED PAINT HAZARD EVALUATION OR CONTROL ACTIVITIES ** A grantee conducting lead -based paint hazard evaluation or control activities agrees to comply with the following special requirements: a) Comply with Section 1101 of Title X, Grants for Lead -Based Paint Hazard Reduction, as amended by section 217 of Public Law 104-134, if the grant is under the Lead -Based Paint Hazard Control, Lead Hazard Reduction Demonstration Grant, or Operation Lead Elimination Action Program: Such grantees shall provide assistance for housing which meets the following criteria- 1) For grants made to assist rental housing, at least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level, and in all cases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of the lead abatement activities, to families with a child under the age of six years, except that building with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level: 2) For grants made to assist housing owned by owner -occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting. b) Develop and implement written procedures for all phases of lead evaluation and control, which are consistent with the HUD Guidelines for the Evaluation and Control of Lead - Based Paint Hazards in Housing (hereafter known as the Guidelines). c) Request and receive formal concurrence from HUD for deviations from the procedures described in the Guidelines. Such deviations may include thresholds for abatement hazard control or post abatement hazard control clean-up procedures, which differ from the HUD Guidelines. d) Comply with appropriate HUD and EPA regulations regarding lead -based paint notification, disclosure, or work practices during lead hazard control activities. e) Prohibit the use of open -flame burning, chemical strippers containing methylene chloride, dry scraping, uncontained hydroblasting or hydrowashing, uncontained abrasive blasting, machine sanding without HEPA attachments or heat stripping above 1100°F as work practices at anytime. f) Observe the procedures for worker protection established by the Federal Occupational Safety and Health Administration (29 CFR 1926.62 and/or 1910.1025, as applicable). Dispose of waste resulting from lead hazard control activities in accordance with the requirements of the appropriate local, State, and Federal regulatory agencies. You must handle disposal of wastes from hazard control activities that contain lead -based paint, but are not classified as hazardous, in accordance with State or local law or the HUD Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing. g) h) Conduct lead -based paint inspections, risk assessments, and clearance dust testing, according to the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR 745.227(e)(8)(viii) and/or the HUD Lead Safe Housing Rule at 24 CFR 35, subpart R, as. applicable. Wipe tests shall be conducted by an appropriately certified or licensed individual who is independent of the lead hazard control contractor. Dust -wipe samples, soil samples and any paint samples to be analyzed by a laboratory must be analyzed by a laboratory recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP). Units or areas treated shall not be reoccupied until clearance is achieved. The dust lead standards are: i) J) 40 micrograms of lead per square foot on an interior hard -surfaced floor or carpet; 250 micrograms of lead per square foot on a window sill; and 400 micrograms of lead per square foot on a window well (clearance only). Test and record blood -lead levels of all children under the age of six occupying affected units within 6 months prior to the abatement or hazard control. Centers for Disease Control and Prevention (CDC) recommendations for blood lead testing are to be followed. Children with elevated blood levels (EBLs) shall be referred for appropriate treatment and follow-up medical care. k) Cooperate with any federally sponsored or endorsed monitoring or evaluation efforts done in conjunction with the Grantee's lead hazard control activities under this program. This includes collecting data on the relative cost and effectiveness of hazard control methods and providing documentation of all testing, inspection, and hazard control actions. 1) If a grantee operates a loan program with the funds provided under this grant, any revenue recaptured from the loan repayments may be retained by the grantee, and can only be used for lead -based paint abatement or hazard control activities. m) As requested by OHHLHC Policy Guidance Issuance dated April 14, 1995, the HUD Form 60002, Economic Opportunities for Low- and Very Low -Income Persons (Section 3) must be submitted by January 10 yearly. n) As required by OHHLHC Office Policy Guidance Issuance 2000-01 dated February 24, 2000 Revised Environmental Review Procedures and Requirements, the HUD Form 7015.15, Request for Release of Funds & Certification must be submitted to the HUD Office of Healthy Homes and Lead Hazard Control and approved before any lead hazard control activities which involve physical intervention in a housing unit can begin. Lead hazard control activities include the conduct of inspections and risk assessments. o) The number of units to be treated shown on the HUD 1044, Assistance Award/Amendment Form, is the number that will be used for all grant and evaluation efforts. Revision of this number will require a grant amendment. p) Comply with the OHHLHC Policy Guidance Issuances that pertain to specific work practice, management, or reporting requirements. q) Provide a copy of all lead -based paint inspection, risk assessment, and clearance test reports to the property owner in order for the property owner to comply with disclosure requirements required under 24 CFR part 35, Subpart A. The letter transmitting these reports must include the statement shown below: "The Federal Residential Lead -Based Paint Hazard Reduction Act, 42 U.S.C. 4852d, requires sellers and landlords of most residential housing built before 1978 to disclose all available records and reports concerning lead -based paint and/or lead -based paint hazards, including the test results contained in this notice, to purchasers and tenants at the time of sale or lease or upon lease renewal. This disclosure must occur even if hazard reduction or abatement has been completed. Failure to disclose these test results is a violation of the U.S. Department of Housing and Urban Development and the U.S. Environmental Protection Agency regulations at 24 CFR Part 35 and 40 CFR Part 745 and can result in a fine of up to $11,000 per violation. To find out more information about your obligations under federal lead -based paint requirements, call 1-800-424- LEAD." r) PARTNERSHIP RELATIONSHIPS WITH FAITH -BASED AND COMMUNITY BASED ORGANIZATIONS: Any changes to an agreement, such as a Memorandum of Understanding, subcontract agreement or Letter of Commitment, that indicates that a formal partnership exists between the grantee and one or more Faith -Based or Community -Based Organizations which meet the definition set forth in the NOFA published in conjunction with this award must be addressed in the next quarterly report. s) Renewals: A recipient under the Lead -Based Paint Hazard Control Grant Program Competitive Performance -Based Renewal category agrees to the following conditions by signing this grant agreement: (1) Grantee has substantially completed and/or exceeded the total number of housing units in the previous award by the end date of that award; (2) Grantee will demonstrate that the additional number of units to be completed with the unexpended balance (if any) will not significantly delay the production of units proposed in the renewal period, i.e., the grantee must be able to complete the renewal units in addition to the units proposed with the unexpended balance (if any); (3) and Grantee will schedule and complete all work within the 36-month renewal period, without extensions. 32. ENVIRONMENTAL POLICY - a) The grantee [called a "recipient" in 24 CFR 58.2(a)(5)] under the Lead Elimination Action Program or Healthy Homes Demonstration Program shall comply with 24 CFR part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities," in accordance with the provisions of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994. Under part 58, a responsible entity [see 24 CFR 58.2(a)(7)], typically the unit of general local government, on behalf of the grantee, must assume the environmental review responsibilities for activities funded under this Program. Under 24 CFR 58.11, if a responsible entity or the recipient objects to the responsible entity performing the environmental review, HUD may designate another responsible entity to perform the review or may perform the environmental review itself under the provisions of 24 CFR part 50. If HUD carries out this responsibility, the grantee agrees to assist and shall: (1) Supply HUD with all available, relevant information necessary for HUD to perform environmental reviews on program and project requests under 24 CFR part 50; (2) Carry out mitigation measures required by HUD as a result of the environmental review or select an alternate eligible property; and Not acquire, rehabilitate, convert, lease, repair or carry out construction , nor commit or expend HUD or non-i-IUD funds for these program activities with respect to any eligible project until HUD approval of the project is received. h) If the grantee [called a "recipient" in 24 CFR 58.2(a)(5)1, or a responsible entity [see 24 CFR 58.2(a)(7)] on behalf of the grantee, under the Lead -Based Paint Hazard Control Grant Program (including a new grant or a Lead -Based Paint Hazard Control Competitive Performance -Based Renewal category grant), or Lead Hazard Reduction Demonstration (3) Grant Program, carries out the environmental review requirements under 24 CFR part 58, the grantee shall: (1) Submit the Certification / Request for Release of Funds (form HUD 7015.15), including the public Notice of Intent /Request for Release of Funds and related environmental review prepared by the responsible entity; or (2) Submit the relevant environmental review documentation by the responsible entity for HUD approval when the project is either Categorically Excluded, not subject to the related Federal laws and authorities pursuant to 24 CFR 58.35(b), or exempt pursuant to 24 CFR 58.34; and (3) Not acquire, rehabilitate, convert, lease, repair or carry out construction, nor commit or expend HUD or non -HUD funds for these program activities until HUD has either approved the Request for Release of Funds or other applicable environmental review. c) A grantee under the Healthy Homes Technical Studies, Lead Technical Studies, or Lead Outreach Grant Program is categorically excluded from the requirements of the National Environmental Policy Act of 1969 [see 24 CFR 58.35] and is not subject to environmental review under the related laws and authorities. Category Name and Address of Applicant: Grant Application Detailed Bud&et Worksheet Environmental Health Coalition 401 Mile of Cars Way. Suite 310 National City. CA 91950 OMB Approval No. 2501-0017 (Exp. 01/31/2008) 1. Personnel (Direct Labor) Position or Individual Project Director (.1 -1 E) Estimated Hours Detailed Description of Budget ( or full grant period) Rate per I 5; Hour Estimated Cost;^ ' HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Outreach Director (.3 FTE) Promotora Coordinator (.4 FTE) Project Assistant (.1 FTE) 624.00 1,872.00 2,496.00 624.00 27.06 22.50 16.73 16,06 16,085.44 16.805.44 42.120.05 _ ? 42,120.00 41,75.5.08 i;: 91.318.56 10,021.44 :g 0.00 Oil 1::.. 10,021.44 10439.92 0.00 Total Direct Labor Cost 2, Fringe Benefits Project Director Outreach Director Rate (%) 0.27 Base 16.886.44 0.00 ;'•; r.:14 110,784.96 011 90,324.00 Estimated Cost%Ei HUD Share 4,559.07 rj:;: 4,559.97 10,021.44 Applicant Match 10,439.52 Other HUD Funds 0.00 Other Federal Share 0.00 State Share 0.00 Local/Tribal Share 0.00 Other 0.00 Program Income Promotora Coordinator Project Assistant 0.27 42.120.00 11.372,40 ;;.: 11,372.40 Total Fringe Benefits Cost 3. Travel 0.27 027 41,758.08 10.021.44 11,274.88 i'0 6.498.01 0.00 2,705.79 2815.67 29,911.94 fi ' 24,387.48 r>,:1 2,705.79 2,818.67 0.00 0.00 0.00 3a. Transportation - Local Private Vehicle Outreach Director Promotora Coordinator Mileage 3,000.00 Rate per Mile 0.42 Estimated Costi0 HUD Share 1,245.00 V1,000.00 Applicant Match Other HUD Funds 245.00 Other Federal Share 0.00 0.00 State Share LocaUrribal Share Other Program Income 3,000.00 0.42 1,245.00 ig 1,000.00 245.00 0.00gg 0.00 Subtotal - Trans - Local Private Vehicle c,:.:.' Vic;;::; voN 2,490.00 01 2,000.00 0.00 490.00 0.00 0.00 0.00 0.00 form HU0.4244:8W (2/2003) 0.00 Z LMawHzyssv Grant Application Detailed Budget Worksheet Detailed Description of Budget 3h. Transportation -Airfare (show destination) Trips Fare Estimated Cost iii HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 M ...Y..: 0.00 0.00 0.00 M 0.00.01 °*" ia Transportation - Airfare i.igng;inft$ °-00 iN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 S ubtotal - Other Quantity Unit Cost *I:I I..:p Estimated Cost ig HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 3c. Transportation - "0 IN " 0.00 0.00 gi]i ME 0.00 Si Other TOME :.EAMM I..:. 0.00 a] 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal - Transportation - Subsistence (indicate location) Days Rate per Day q 111 Estimated Cost N HUD Share Applicant match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 3d. Per Diem or ow Dm 11 0.00 a. 0,4 :0 0.00 d Subsistence OEM .iiNERM 000 a 0.00 ci. oo 0.0o 000 coo 000 0.00 0.00 Subtotal - Per Diem or aggailin MOO 2,49000 *:1,1:':ii 2,000.00 0.00 490.00 0.00 0.00 000 0.00 OM Total Travel Cost $5,000 Depreciated value, Quantity Unit Cost :.ttLt; Estimated CostiM HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 4. Equipment (Only items over 0.00 U9 Vs.): 0.00 ift Q'W i:: 0.00 Cost ARV• iMME0 0.00 iP' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Equipment tomIllt11)-424.CEM (2r2003) urant Application Detailed Budget Worksheet Detailed Description of Budget 5. Supplies and Materials (Iterns under $5,000 Depreciated Value) . IM 5a. Consumable Supplies Roach Traps Quantity Unit Cost iM M b Estimated Coselg HUD Share Ye Applicant Match Other HUD Funds Other Federal Share State Share LocaVTribal Share Other Program Income (cases) Carbon Monoxide 39.00 11000 .„.... 4280.00 2222, 4,280.00 Monitors Office 490.00 9.50 4.658.00 4,855.00 Supplies ($50/month) Lead Testing 36.00 50.00 1.80000 gi!I 1,50000 300.00 materials (per unit) Cleaning kits 480.00 3.08 1,40540 1.g 90.00 1,376.40 Outreach 480.G0 2.50 V4: 1200.00 wi 1200.00 materials Training 900.00 1.00 600.00 R' 300.00 300.00 materials (per training) Subtotal 12.00 100.00 1 200 DO PI 1 000 00 . • , - 209.00 - Consumable Supplies .NM.Nl.: NiMlNgf 15,211.40 M 12,945.00 90.00 2,17640 0.00 0.00 5b, Non•Consumable Materials Quantity Unit Cost ..f,..' Estimated Cost. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share 0.00 Local/Tribal Share 0.00 Other 0.00 Program Income aoo o.00 a 0.00 0.00 m 0.00 gi! Subtotal 0.00 4i,il - Non -Consumable Materials Total Supplies and Materials Cost NOMANYiNalr, MORN Days aniMM. Rate per Day 0.00 3 0.00 0.00 moo coo cm two 0.00 0.00 6. Consultants (Type) 15,211.40 il0 12,945.00 90.00 2,176.40 0.00 0.00 0.00 0.00 0.00 s ::.... Estimated CostO, HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income o.00 M 0.00 M 0.°0 0.00 Ri0 0.00 o.00 IE Total Consultants Cost AMMONNOM 0.00N 0.00 0.00 0.00 0.00 0.00 7. Contracts and Sub -Grantees (List individually) Lead Quantity Unit Cost M d: Estimated Cost g8 HUD Share Applicant Match Other HUD Funds Other Federal Share State Share 0.00 Local/Tribal Share 0.00 Other 0.00 Program Income sample analysis Promotoras 2.250.00 15.00 33,75000 iA: 16.00000 17.750.00 (12 per month for 34 months) 3.00 4.695.00 10.688.00 22:5.2 14,888.00 ....,... 0.00 gi 0.30 "0 N • Total Subcontracts Cost 80.igjiin REMO ;,•..:p 48,438.00 :eN 30,688.00 0.00 17.780.00 0.00 UM 0.00 0.00 0.00 form HUO.424.CBW (MOM) Grant Application Detailed Budget Worksheet Detailed Description of Budget 8. Construction Costs iK,Ki lia, Administrative and legal expenses Quantity Unit Cost Estimated Cost4 HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 I% 0.0D M 0.00 q] 0.00 Oi 'WM Subtotal -Administrative and legal expenses AMMO MialMa 0.00 a 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8b. Land, structures, rights -of way, appraisal, etc Quantity Unit Cost 1 il V Z5'... Estimated Costi?..E: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income G'" ililg 0.00 M 0.00 "0 DE Subtotal - Land, structures rights -of way, ... :i]ilAii%,,i:i:M Mai:iiiiMiq 0.00 ]iO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8c. Relocation expenses and payments Quantity Unit Cost .it Estimated Cost n HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 M 0.00 gii 0.D0 a Dm 0.00 Subtotal - Relocation expenses and payments ANVEM i?..%..iiiMiiiIiia 0,00 iN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 and engineering fees Quantity Unit Cost lip Estimated Costig HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program Income 8d. Architectural 0.00 iN 0.00 V "°M Doe M Subtotal Architectural and engineering fees wordnomo. 0.00 ylq, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Other and engineering tees Quantity Unit Cost 1.:,.., ..,0 Estimated Costn" HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Be. architectural 0.00 L.,. 0.00 ei 0.00 IN 0.00 0 0.00 Subtotal - Other architectural and engineering fees gange- Man 0.00 IN 0.00 0.00 0.00 0.00 0.00 0.00 tem 10111.424CIEM 0.00 f2/200.11 0.00 Grant Arrnlic 8f. Project inspection fees Quantity Unit Cost .. 1 - -- .... ..... Estimated CostiE HUD Share -... ......... Applicant Match .v. Other HUD Funds ••• go r . Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 fa M A Subtotal 0.00 M - Project inspection fees :161ina MiN1M. 0.00 a 0.00 0.00 0.00 0.00 0.00 89. Site wort< Quantity Unit Cost I.:4! 4 Estimated CosfiiiiiI HUD Share Applicant Match Other HUD Funds Other Federal Share State Share 0.00 Local/Tribal Share 0.00 Other 0.00 Program Income 0.00 a o.00 M Subtotal o.00 - Site work mom nom 0.00 b 0.0o 0.00 0.00 0.0,0 8h. Demolition and removal Quantity Unit Cost 111M Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share 000 State Share 0.00 Local/Tribal Share 0.00 Other ..o. Program Income o.00 g 0.00 M Subtotal 0.00 - Demolition and removal 1.1111R1E1M111M11M11g 0.00 11g "C' 0.00 0.00 0.00 0.00 0.00 81. Construction Quantity Unit Cost ..'e Ji1r1 Estimated CosQHUD Share Applicant Match Other HUD Funds 0.00 000 Other Federal Share State Share LocaVrribal Share Other Program Income o.00 o.00 Subtotal cIw a - Construction 8j, Equipment 1M111.:110M.11N1E111.00: Quantity Unit Cost 0.00 1M °.°° 0.00 0.00 0.00 0.00 0.00 0.00 0.00 • . i .... Estimated Cost i1i111111 HU D Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.0o 0.00 0.00 NI Subtotal 0.00 a - Equipment :11g101101111gig 11M0.11M1111 0.00 i1i1ji111 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 8k. Contingencies Quantity Unit Cost i'11111i.11 .:.:"..,; Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program IncomeOk. o.00 0.00 RI; 0.00 R Subtotal - Contingencies ,1ii1;141e1N R1I1M111M 000 ,i,:s 0.00 0.00 0.00 0.00 0.00 0.00 81. Miscellaneous Quantity Unit Cost Estimated CosW;ii HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocallTribal Share 0.00 Other 0.00 Program Income moo Nj asp 1111ig " NI Subtotal - Miscellaneous Total Construction Costs krat..% mom arms bk...., 0.00 so 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ..o.d. 0.00 0.000.00 0.00 0.00 5 .-- 0.00 - - - - -- 0.00 0.00 Grant Application Detailed Budget Worksheet I 9. Other Direct Costs Quantity Unit Cost _ W. m Estimated COstiih HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Item IR 0.00 iffi 0.00M 0.00 0.00 0. ,,,o 0... a...1,,,,, ...,-...-. 0. ffi, 0.00 0.00 .00 0.00 4.1. "a g Other Direct Costs qi0liggai.' 1:,i:...iMIMit 0.00 i.a.. 0.00 0.00_ 0.00 0.00 0.00 0.00 0.00 0.00 Total Direct Costs IWASOWligglli.jlid 206,836.30 n 160,344.48 12,817.231 33.674.59j 0.00 0.00 0.00 0.00 0.00 Subtotal of M Indirect Costs Rate Base N .1U Estimated CosWi HUD Share ' Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 10. Type Overhead 0.22 1513998.30 35,322.32 M 26.913.82 2,858.00 3.551.00 0.00 iiiral 0.00 iLli 0.00 1.0 0.04ii "a "° 0.00 :41 a.aa gg Total indirect Costs minom m mm04 35322 82 •i',.: 28913.82 2.858.00 3551.00 0.00 0,00 0.00 0.00 0.00 Total Estimated Costs .M.:9":,':',9' •,....0::::::›:%:.:w:::::::::::::::.::$9:.:::,::.:,5 :',:::','8 242 159 12:w i...,. 18s 259.30 1 • 15,675.23 37,225.59 0.00 0.00 0.00 0.00 0.00 TOM HU0-4244E1W (202003) OMB Approval No. 2501-0017 Grant Application Detailed B Detailed Description of Budget Ana ysis of Total Estimated Costs Estimated Cost Percent of Total 1 Personnel (Direct Labor) 110,784.96 45.75% 2 Fringe Benefits 29,911.94 12.35% 3 Travel 2,490.00 1.03% 4 Equipment 0.00 0.00% 5 Supplies and Materials 15,211.40 6.28% 6 Consultants 0.00 0.00% 7 Contracts and Sub -Grantees 48,438.00 20.00% 8 Construction o.00 0.00% 9 Other Direct Costs 0.00 0.00% 10 Indirect Costs 35,322.82 14.59% Total: 242,159.12 100.00% HUD Share: 189,258.30 78.16% Match (Expressed as a percentage of the Federal Share): 15,675.23 8.28% I 7 form HUD-424-CBW (2/2003) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 6 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CITY MANAGER CI -IRIS ZAPATA TO REDUCE THE SALARY OF THE CITY MANAGER BY TEN PERCENT PREPARED BY EXPLANATION Chris Zapata 4240 DEPARTMENT City Manager The City entered into an employment agreement with City Manager Chris Zapata on January 20, 2004, which agreement provided that the City Manager would receive an annual salary of $165,000. Due to a shortfall in the City's General Fund, the City Manager has recommended that his annual salary be reduced by ten percent to $148,500, beginning on the first pay period in January, 2006, and ending on the last pay period in December 2006. The City Manager's salary would automatically be restored to its current level on the first pay period in January 2007, unless he and the City Council mutually agree to another date. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Resolution Proposed amendment Resolution No. A-200 (9/80) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND. CITY MANAGER CHRIS ZAPATA TO REDUCE THE SALARY OF THE CITY MANAGER BY TEN PERCENT WHEREAS, the City of National City and Chris Zapata entered into an employee agreement dated January 20, 2004; and WHEREAS, dueto a shortfall in the City's General Fund, the City Manager has recommended that the agreement be amended to reduce his salary by ten percent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Employment Agreement with Chris Zapata amending Section 3 pertaining to compensation. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO EMPLOYMENT AGREEMENT This Amendment to Agreement is made and entered into this 6th day of December, 2005, by and between the City of National City, a municipal corporation (hereinafter called "Employer") and Chris Zapata, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement ("the Agreement") dated January 20, 2004. B. Employer and Employee wish to amend the Agreement by amending Section 3 of said Agreement, pertaining to Employee's compensation. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that Section 3 of the Agreement is hereby amended by adding Subsection D thereto, to read as follows: D. Notwithstanding any provision of this Agreement to the contrary, Employee's base annual salary, as set forth in Subsection A, shall be reduced by ten percent to $148,500 beginning on the first pay period in January, 2006, and ending on the last pay period in December 2006. Employee's base salary shall automatically be restored to $165,000 on the first pay period in January, 2007, unless Employer and Employee mutually agree that the restoration of salary will occur on another date. With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor Chris Zapata APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT +MEETING DATE December 6, 2005 7 AGENDA ITEM NO. (ITEM TITLE WARRANT REGISTER #19 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #19 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance tor Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,304,903.07 BOARD / COMMISSION RE OMMENDA ION ATTACHMENTS ( Listed Below ) 1. Warrant Register #19 2. Workers Comp Warrant Register dated 11/2/05 3. Payroll Register dated 11/2/05 Resolution No. A-200 (9.99i Payee IN-N-OUT BURGER BANK OF AMERICA ACCOUNTEMPS ACCOUNTEMPS ACCOUNTEMPS ACCOUNTEMPS ACEVES City of National City WARRANT REGISTER # 19 11/8/05 Description chk no chk date amount EMERGENCY MEAL PROCUREMENT 204809 11/3/05 102.16 BOA CHRGS-TRAVEL & TRAINING 204810 11/3/05 1,605.05 TEMP SRVCS MARY-JO REBELEZ W/E 10/14/05 204811 11/8/05 1,480.00 TEMP SRVCS PATRICK MORRIS W/E 10/14/05 204812 11/8/05 1,358.40 TEMP SRVCS PATRICK MORRIS W/E 10/21/05 204813 11/8/05 1,358.40 TEMP SRVCS MARY-JO REBELEZ W/E 10/21/05 204814 11/8/05 888.00 REND CITATION#NC250116019 DISMISSED 204815 11/8/05 305.00 ALPHA PROJECT FOR THE HOMELESS ALPHA PROJECT FOR THE HOMELESS FOR 204816 11/8/05 3,964.26 AMERICAN FORENSIC NURSES SUSPECT BLOOD WITHDRAWALS, URINE TESTS, 204817 .11/8/05 768.00 AMERICAN ROTARY BROOM CO., INC MOBIL MB POLY & WIRE MATERIAL KIT 204818 11/8/05 1,006.73 ASIAN JOURNAL ADVERTISEMENT OF EXECUTIVE ASSISTANT II 204819 11/8/05 130.00 3NNETT BROTHERS, INC. EMPLOYEE RECOGNITION PROGRAM 204820 11/8/05 3,980.00 BUTLER'S MILL, INC. MOP 45695 SEMINAR REGISTRATION 204821 11/8/05 707.83 CALIFORNIA COMMERCIAL SECURITY MOP 45754 5 PIN STANDARD KEY CODE 204822 11/8/05 11.26 CALIFORNIA ELECTRIC SUPPLY MOP 45698 STOCK 204823 11/8/05 332.79 CEB CONDEMNATION PRACTICE 3RD EDITION 204824 11/8/05 228.02 CHILDREN'S HOSPITAL CHILD SEXUAL ABUSE EXAMS AS NEEDED FOR 204825 11/8/05 359.00 COLLINS STRATEGIC GROUP, INC.- CPRC CONSULTANT OCT 2005 204826 11/8/05 5,343.75 COLLINS STRATEGIC GROUP, INC. REHAB SUPPLIES CPRC WORKSHOP 10/15/05 204827 11/8/05 33.65 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 204828 11/8/05 2,184.06 DAPPER TIRE COMPANY INV#221585/221969- TIRES 204829 11/8/05 2,438.78 DAY WIRELESS SYSTEMS REPAIR OF RADIO. 204830 11/8/05 180.00 DEAN'S WEST COAST RADIATOR RADIATOR REPAIR 204831 11/8/05 50.00 DIXIELINE LUMBER CO. MOP 45707 RODENT TRAPS 204832 11/8/05 1,816.82 DURRA INK MISC PRINTING 204833 11/8/05 555.73 ELEANOR SNYDER LIVING TRUST LIABILITY CLAIM COSTS 204834 11/8/05 216.27 FEDEX KINKO'S POSTCARD NOTICES/NC MTGS 204835 11/8/05 187.05 FLINT TRADING, INC. PREMARK 8 WH LINE PLS 60' 90M 204836 11/8/05 4,514.94 FROMEX PHOTO & STUDIO MOP 67534 PHOTO REPRINTS 204837 11/8/05 199.45 1 PARRA FROMEX PHOTO & STUDIO MOP 67534 REPRINTS 204838 11/8/05 77.63 GEORGE H WATERS NUTRITION CNTR PROMOTIONAL ACTIVI IIES EDEN TRAINING 204839 11/8/05 37.35 GLACIER VENTURES INTERNATIONAL #CTG. CALIFORNIA TRAINING REQUIREMENTS 204840 11/8/05 475.00 GOLF VENTURES WEST TANK RESERVE 204841 11/8/05 60.80 GRAINGER MOP 65179 BASIN SPILL 204842 11/8/05 123.28 IRON MOUNTAIN RECORDS MGMT STORAGE FEES 8/31/05 204843 11/8/05 101.25 ITE EMPLOYMENT CENTER ADVERTISING OF TRAFFIC ENGINEER 9/29/05 204844 11/8/05 150.00 JANIKING OF CALIFORNIA INC MONTHLY CLEANING FOR STATION #31 FOR 204845 11/8/05 175.00 JOBS AVAILABLE INC. ADVERTISEMENT/FINANCE DIRECTOR 10/17/05 204846 11/8/05 292.50 JULIAN VILLAGOMEZ ADVANCED MEALS/VILLAGOMEZ NOV 204847 11/8/05 171.00 KARTCHNER ENGINEERING LLC FINANCE CONSULTANT 9/02/05 - 10/07/05 204848 11/8/05 10,795.46 KILLACKY, KEVIN EDUC REIMB/ICS 400/KEVIN KILLACKY 204849 11/8/05 205.00 KNIGHT REIMB OF TWO TREO TELEPHONE HOLDERS 204850 11/8/05 53.85 LASER SAVER INC MOP 45725 PRINTER SUPPLIES 204851 11/8/05 565.20 LIEBERT CASSIDY WHITMORE RETAINER AGREEMENT SEP 2005 204852 11/8/05 5,700.00 LOPEZ III PROMOTIONAL ACTIVITIES 204853 11/8/05 113.63 LOPEZ INTERPRETATION SRVCS 10/25/05 204854 11/8/05 100.00 LOPEZ INTERPRETATION SRVCS 08/16/05 204855 11/8/05 100.00 MAINTEX, INC. JANITORIAL SUPPLIES 204856 11/8/05 1,969.87 MINUTEMAN PRESS MOP 47939 OFFICE SUPPLIES, 204857 11/8/05 258.41 MJC CONSTRUCTION CONSTRCTN OF 1ST PHASE -PARADISE CREEK 204858 11/8/05 155,250.00 MORRISON REIMB. LEAGUE OF CA CI LIES, TRVL 204859 11/8/05 93.35 MUNICIPAL AUDITING SERVICES MAS - MUNCIPAL AUDITING SERVICES. 204860 11/8/05 375.00 N C CHAMBER OF COMMERCE CITY ENHANCEMENT FUND NOV 2005 204861 11/8/05 4,995.83 N C CHAMBER OF COMMERCE SALUTE TO NAVY LUNCHEON/KNIGHT/RODRIGU 204862 11/8/05 60.00 NAPA AUTO PARTS MOP 45735 AUTOMOTIVE PART 204863 11/8/05 190.38 OFFICE TEAM TEMP SRVCS OLSON JOSEPH W/E 10/14/05 204864 11/8/05 959.20 OFFICE TEAM TEMP SRVS OLSON, JOSEPH W/E 09/30/05 204865 11/8/05 959.20 OFFICE TEAM TEMP SRVCS OLSON JOSEPH W/E 10/07/05 204866 11/8/05 767.36 ONE SOURCE DISTRIBUTORS MOP 67256 LAMP 204867 11/8/05 117.58 ORIENTAL TRADING, CO., INC. MISC SUPPLIES, IE HOLIDAY BAGS, 204868 11/8/05 363.97 P & D CONSULTANTS PREPARATION OF NC HOUSING ELEMENT WORK 204869 11/8/05 4,876.25 PACIFIC PRODUCTS & SERVICES 3/8" ALUMINUM SHELL/STEEL PIN DRIVE 204870 11/8/05 3,485.71 PACIFIC SAFETY COUNCIL REGIST FOR DOT HM 181 10/25/05/TONY GAUT 204871 11/8/05 125.00 REIMB. LEAGUE OF CA CITIES, TRVL 204872 11/8/05 55.00 PARTS PLUS AUTOSTORE #713 PBS&J PROGRESSIVE SOLUTIONS INC. MOP CHASSIS PROVIDE ON -GOING SEWER BILL/TAX ROLL USER CONE 2005/SORIANO/GARCIA/HIRSCHON lUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY, CLEANING FOR POLICE PUTRUS QUITUGUA REED RENO HILTON RK AERIALS LLC ROAD ONE TOWING ROADONE REND CITATION#NC150802026 REDUCED LIABILITY CLAIM COSTS/KEN C QUITUGUA EDUC RE1MB/FIRE MGMT 2A/REED WILLIAM ADV LODGING/VILLAGOMEZ NOV 12-15, 2005 LMS 6825, LOADMINDER SYSTEM WITH A MOP 45687 VEHICLE TOW MOP 45687 TOW RON BAKER CHEVROLET-GEO-ISUZU MOP 45751 HEATER KNOB S.D. COUNTY SHERIFFS DEPT. SAN DIEGO DAILY TRANSCRIPT SAN DIEGO PET & LAB SUPPLY SANCHEZ SASI SCHMIDT DESIGN GROUP 3ULTZ SMART & FINAL STORE 4347 SOUTHERN CALIF TRUCK STOP STRATACOM SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWRCB ACCOUNTING OFFICE SWRCB ACCOUNTING OFFICE THE FILIPINO PRESS THE LIGHTHOUSE, INC. THE STAR NEWS THE STAR NEWS TOPECO PRODUCTS "URF STAR U.C. REGENTS-CPER U.S. HEALTHWORKS UNION TRIBUNE PUBLISHING CO BOOKING FEES FOR JUL-SEP 2005 ADVERTISING/SPEC 05-4 MOP 45753 SUPPLIES FOR K9 REND CITATION#NC150713020 DUPLICATE PMNT PROCESSING CHGS FOR 11/01/05 - 01/31/06 DEVELOP ARCHITECTURAL PLANS FOR REIMB FOR RESERVE COMM MEETING 10/18/05 MOP 45756 SUPPLIES MOP 45758 DIESEL NOTICE TO APPEAR FORM TR-130 WATER BILLS/STREET 3 INVOICES WATER BILLS/SEWER#920-3000-0 WATER BILLS/PARK#920-6000-0 ANNUAL FEE/WASTE DISCHARGE 2005-2006 WASTE DISCHARGE FEES/ANNUAL 2005-2006 ADVERTISING -BLANKET DRIVE HEL87163, WORKLAMP PROOF OF PUBLICATION OF NC23597 ADVERTISEMENT FOR PARATRANSIT VEHICLE MOP 63849 STOCK 63-6020, RADIATOR HOSE CPER POCKET GUIDES PRE -EMPLOYMENT PHYSICALS/DOT EXAM ADVERTISING FOR SIGN ON SAN DIEGO 204873 11/8/05 378.66 204874 11/8/05 267.50 204875 11/8/05 210.00 204876 11/8/05 364.22 204877 11/8/05 305.00 204878 11/8/05 476.66 204879 11/8/05 140.00 204880 11/8/05 544.32 204881 11/8/05 655.15 204882 11/8/05 337.50 204883 11/8/05 170.00 204884 11/8/05 15.52 204885 11/8/05 54,362.00 204886 11/8/05 249.40 204887 11/8/05 504.77 204888 11/8/05 70.00 204889 11/8/05 504.00 204 890 11/8/05 1,341.27 204891 11/8/05 66.28 204892 11/8/05 291.00 204893 11/8/05 197.00 204894 11/8/05 819.30 204895 11/8/05 379.04 204896 11/8/05 76.90 204897 11/8/05 35.62 204898 11/8/05 9,609.00 204899 11/8/05 4,676.00 204900 11/8/05 400.00 204901 11/8/05 790.10 204902 11/8/05 128.13 204903 11/8/05 45.00 204904 11/8/05 101.04 204905 11/8/05 33.55 204906 11/8/05 101.80 204907 11/8/05 520.00 204908 11/8/05 900.00 3 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 FAUCET 204909 11/8/05 526.99 WESTERN CITY ADVERTISING/FINANCE DIRECTOR 204910 11/8/05 150.00 WESTFLEX INDUSTRIAL MOP 63850 HOSE ASSEMBLY 204911 11/8/05 49.62 WILLY'S ELECTRONIC SUPPLY MOP 45763 RING TERMINAL 204912 11/8/05 78.69 ZAPATA REIMB. TRAVEL EXPENSE, LEAGUE OF CA 204913 11/8/05 108.16 ZENGOTA REIMB SGT MURRAYS FINAL FAREWELL/SALUTE 204914 11/8/05 42.55 MOTOROLA CREDIT CORP. RCS RADIO SYSTEM: CONCOLE BASE STATION 204915 11/8/05 66,705.50 SPARKLETTS WATER FOR OFFICE 204916 11/8/05 44.62 T.S. INDUSTRIAL SUPPLY INV#1103730-010AK SINKS 2001-66SD SPRAY 204917 11/8/05 545.45 BAYSHORE TRANSIT MGMT INC PAYROLL CK DTD 11/04/05 204918 11/8/05 45,797.88 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 204919 11/8/05 131.64 COUNTY OF SAN DIEGO PAYROLL PPE 10/29/05 - JOSE VAZQUEZ 204920 11/8/05 50.00 COUNTY OF SAN DIEGO PAYROLL PPE 10/29/05 - SHERRY LOGEL 204921 11/8/05 23.04 KAISER FOUNDATION HEALTH PLAN MEDICAL INSUR. - NOV. '05 204922 11/8/05 9,670.00 MTS APTA MEMBERSHIP DUES FY 2005 204923 11/8/05 285.00 NATIONAL CITY PUBLIC LIBRARY LIBRARY CONTRIBUTION PPE 10/29/05 204924 11/8/05 29.85 NATL CITY CHAMBER OF COMMERCE ADVERTISING FOR TEACHER OF YEAR AWARDS 204925 11/8/05 200.00 PRINCIPAL FINANCIAL GROUP 401K PPE 10/29/05 204926 11/8/05 2,464.88 PROGRESSIVE BUSINESS PUBLIC SAFETY COMPLIANCE ALERT 204927 11/8/05 299.00 PRUDENTIAL INSURANCE LIFE INSUR. - NOV. '05 204928 11/8/05 236.79 SAN DIEGO COUNTY SHERIFF PAYROLL PPE 10/29/05 - CHRISTINA RAMOS 204929 11/8/05 50.00 SAN DIEGO GAS &ELECTRIC ELECTRIC 08/30/05 - 10/28/05 204930 11/8/05 1,576.32 SPARKLETTS WATER 9/21/05 - 10/18/05 204931 11/8/05 89.53 UNIFIRST POLO UNIFORM SI-IIRT - JOSE V. 204932 11/8/05 26.87 UNISOURCE MAINTENANCE SUPPLY JANITORIAL SUPPLIES 204933 11/8/05 414.24 Total 440,166.81 Workers compensation checks 10736 11/2/05 47.60 10737 11/2/05 59.29 10738 11/2/05 495.00 10739 11/2/05 110.68 10740 11/2/05 11.69 10741 11/2/05 136.56 10742 11/2/05 500.00 10743 11/2/05 397.16 4 10744 11/2/05 612.33 10745 11/2/05 150.48 10746 11/2/05 425.74 10747 11/2/05 265.04 10748 11/2/05 145.43 10749 11/2/05 134.80 10750 11/2/05 154.00 10751 11/2/05 88.00 10752 11/2/05 154.00 10753 11/2/05 110.00 10754 11/2/05 88.00 10755 11/2/05 132.00 10756 11/2/05 88.00 10757 11/2/05 88.00 10758 11/2/05 88.00 10759 11/2/05 88.00 10760 11/2/05 66.00 10761 11/2/05 110.00 10762 11/2/05 176.00 10763 11/2/05 88.00 10764 11/2/05 132.00 10765 11/2/05 66.00 10766 11/2/05 176.00 10767 11/2/05 35.70 10768 11/2/05 124.69 10769 11/2/05 133.83 10770 11/2/05 221.16 10771 11/2/05 74.32 10772 11/2/05 47.60 10773 11/2/05 110.23 10774 11/2/05 518.61 10775 11/2/05 112.85 10776 11/2/05 78.77 10777 11/2/05 587.50 10778 11/2/05 1,162.75 10779 11/2/05 370.00 5 PAYROLL Pay period Start Date End Date Cheek Date Total Total 10780 11/2/05 400.00 10781 11/2/05 1,192.40 10782 11/2/05 370.00 10783 11/2/05 320.00 10784 11/2/05 761.05 10785 11/2/05 400.00 12,405.26 452,572.07 265 10/11 /2005 10/24/2005 11 /2/2005 Total 852,331.00 GRAND TOTAL 1,304,903.07 TRANSIT WARRANTS CHECK#204918-204933 16 CHECKS $ 61,345.04 6 City of National City Warrant Register # 19 11 /8/05 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASS FUND 154 STATE PUBLIC LIBRARY FUND 159 GENERAL PLAN UPDATE RESERVE 172 TRASH RATE STABILIZATION FUND 211 SECURITY AND ALARM REGULATION FUND 301 GRANT-C. D. B. G. 302 CDC PAYMENTS 348 STATE GRANT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 953, 885.85 1,505.78 1,206.30 3,735.11 14,752.68 639.72 363.97 762.28 4,876.25 3,964.26 894.55 826.02 61.37 159, 591.27 128,274.54 2,774.79 13,175.22 4,336.05 210.00 5,166.04 3,901.02 1,304,903.07 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 AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DIRE OR 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 6TH DAY OF DECEMBER 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT 8 METING DATE December 06 2005 AGENDA ITEM NO. "ITEM TITLE WARRANT REGISTER #20 PREPARED BY DEPARTMENT EXPLANATION Finance City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #20 per Government Section Code 37208. CEnvironmental Review N/A (-Financial Statement Not applicable. Approved By: f'v/..:ae• Fina Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 739,409.49 BOARD / COMMISSION REMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register#20 2. Workers Comp Warrant Register dated 11/9/05 A-200 (9!99) Resolution No. Pavee City of National City WARRANT REGISTER # 20 November 15,2005 Description. chk no chk date - amount FIRE ETC 3-TIER MOBILE HOSE RACK, READY RACKS BY 200167 11/15/05 4,083.73 BANK OF AMERICA BOA CHRGS-LEAGUE OF CA CITIES CONE HOTE1 204934 11/11/05 691.48 ADDELMAN TRAVEL (LIT. INIT. XIV) 204935 11/15/05 335.44 ALLMOND TRAVEL (LIT. INIT. XIV) 204936 11/15/05 - 27.37 ALONZO PRINTING CO., INC PRINTING (EASY VOTER GUIDE Y-2) 204937 11/15/05 41,316.74 ALTON TRAVEL (AMERICORPS/CNCS Y-2) 204938 11/15/05 105.40 ANDERSON TRAVEL (LIT. INIT. XIV) 204939 11/15/05 422.72 BAUTISTA TRAVEL (AMERICORPS/CNCS Y-2) 204940 11/15/05 57.80 BELL TRAVEL (AMERICORPS/CNCS Y-2) 204941 11/15/05 50.66 BELLOS TRAVEL (LIT. INIT. XIV) 204942 11/15/05 66.09 BIRD TRAVEL (LIT. INIT. XIV) 204943 11/15/05 262.92 BORNHAUSER TRAVEL (LIT. INIT. XIV) 204944 11/15/05 76.29 BREEDEN TRAVEL (LIT. INIT. XIV) 204945 11/15/05 39.67 BROWNLEE TRAVEL (AMERICORPS/CNCS Y-2) 204946 11/15/05 327.42 CALIFORNIA LIBRARY ASSOC. TRAVEL (LIT. INIT. XIV) 204947 11/15/05 450.00 CAMPBELL TRAVEL (AMERICORPS/LSTA Y-3) 204948 11/15/05 42.40 CARLA CAMPBELL LEHN TRAVEL (LIT. INIT. XIV) 204949 11/15/05. 196.17 CATHAY RETA CONTRACT SERVICES (LIT. INIT. XIV) 204950 11/15/05 2,500.00 CINGULAR WIRELESS TELEPHONE (WINGS) 204951 11/15/05 148.27 CLARK EXPERT SERVICES (EASY VOTER GUIDE Y-2) 204952 11/15/05 775.00 CRIDER TRAVEL (AMERICORPS/CNCS Y-2) 204953 11/15/05 35.22 DEERING TRAVEL (AMERICORPS/CNCS Y-2) 204954 11/15/05 24.14 DEL NORTE COUNTY PUBLIC LIBRAR TRAVEL (AMERICORPS/LSTA Y-3) 204955 11/15/05 864.81 DIANE KRILETICH TRAVEL (LIT. INIT. XIV) 204956 11/15/05 325.52 DISCOUNT SCHOOL SUPPLY MAT. & SUPPLIES (LIT. SVCS. Y-3) 204957 11/15/05 157.01 1 EASTMAN TRAVEL (LIT. INIT. XIV) 204958 11/15/05 239.64 EXCLUSIVE EMAGES MAT. & SUPPLIES (LIT. INIT. XIV) 204959 11/15/05 188.56 FENCL FERGUSON TRAVEL (AMERICORPS/CNCS Y-2) 204960 11/15/05 27.20 FLOWERS TRAVEL (LIT. INIT. XIV) 204961 11/15/05 178.95 FULGHUM-NUTTERS TRAVEL (LIT. INIT. XIV) 204962 11/15/05 346.85 GRIFFIN TRAVEL (AMERICORPS/CNCS Y-2) 204963 11/15/05 337.83 HABECK TRAVEL (LIT. INIT. XIV) 204964 11/15/05 179.45 HARTZ - TRAVEL (AMERICORPS/CNCS Y-2) 204965 11/15/05 47.19 HOLCOMB TRAVEL (AMERICORPS/CNCS Y-2) 204966 11/15/05 34.14 JACKIE CLARY TRAVEL (LIT. INIT. XIV) 204967 11/15/05 228.59 KELLY PAPER MAT. & SUPPLIES (LIT. SVCS. Y-3) 204968 11/15/05 588.32 KRISTAPONIS TRAVEL (LIT. INIT. XIV) 204969 11/15/05 462.46 LISA VALORE TRAVEL (LIT. INIT. XIV) 204970 11/15/05 73.72 LITERACYWORKS. EXPERT SERVICES (AMERICORPS/CNCS Y-2) 204971 11/15/05 60,000.00 LITERACYWORKS CONTRACT SERVICES (LIT. INIT. XIV) 204972 11/15/05 7,000.00 LITERACYWORKS EXPERT SERVICES (LIT. INIT. XIV) 204973 11/15/05 3,836.29 LITERACYWORKS EXPERT SERVICES (EASY VOTER GUIDE Y-2) 204974 11/15/05 1,800.00 LITERACYWORKS EXPERT SERVICES (AMERICORPS/CNCS Y-2) 204975 11/15/05 600.00 LITERACYWORKS EXPERT SERVICES (AMERICORPS/LSTA Y-3) 204976 11/15/05 200.00 LIU TRAVEL (AMERICORPS/LSTA Y-3) 204977 11/15/05 74.36 LYNNE PRICE TRAVEL (LIT. INIT. XIV) 204978 11/15/05 362.39 MALONEY TRAVEL (LIT. INIT. XIV) 204979 11/15/05 357.70 MARIA RODDY TRAVEL (LIT. INIT. XIV) 204980 11/15/05 680.36 MCNARY TRAVEL (LIT. INIT. XIV) 204981 11/15/05 125.95 MII I FR TRAVEL (LIT. INIT. XIV) 204982 11/15/05 76.36 MULDOON TRAVEL (LIT. INIT. XIV) 204983 11/15/05 363.98 NEW READERS PRESS INSTRUCTIONAL SUP. (LIT. SVCS. Y-2) 204984 11/15/05 178.08 NINNIS TRAVEL (AMERICORPS/CNCS Y-2) 204985 11/15/05 194.48 NOLAN TRAVEL (LIT. INIT, XIV) 204986 11/15/05 188.76 O'HALLORAN TRAVEL (LIT. INIT. XIV) 204987 11/15/05. 222.60 O'HARA TRAVEL (LIT. INIT. XJV) - 204988 11/15/05 5,700.03. OFFICE SUPPLIES PLUS MAT. & SUPPLIES (AMERICORPS/CNCS Y-2) 204989 11/15/05 706.66 PEARSON EDUCATION INSTRUCTIONAL SUPPLIES (LIT. SVCS. Y-2) 204990 11/15/05 1,096.14 PHILLIPS TRAVEL (LIT. INIT. XIV) 204991 11/15/05 273.13 PITNEY BOWES CREDIT CORP POSTAGE (LIT. INIT. XIV) 204992 11/15/05 10.24 RAMIREZ TRAVEL (AMERICORPS/CNCS Y-2) 204993 11/15/05 235.96 RAMOS TRAVEL (AMERICORPS/CNCS Y-2) 204994 11/15/05 103.36 RANDALL WEAVER TRAVEL (LIT. INIT. XIV) 204995 11/15/05 184.61 READING PROGRAM FOR ADULTS TRAVEL (PRIME TIME) 204996 11/15/05 589.15 REINKE TRAVEL (LIT. INIT. XIV) 204997 11/15/05 1,074.65 ROBINSON TRAVEL (AMERICORPS/CNCS Y-2) 204998 11/15/05 60.18 ROSS TRAVEL (AMERICORPS/CNCS Y-2) 204999 11/15/05 99.96 SARMIENTO TRAVEL (LIT. INIT. XIV) 205000 11/15/05 40.26 SHERATON HOTEL TRAVEL (LIT. INIT. XIV) 205001 11/15/05 7,867.46 SNOW TRAVEL (AMERICORPS/CNCS Y-2) 205002 11/15/05 56.07 SPILL TRAVEL (LIT. INIT. XIV) 205003 11/15/05 44.52 SPRINT TELEPHONE (WINGS) 205004 11/15/05 59.48 STANISLAUS LITERACY CENTER TRAVEL (AMERICORPS/LSTA Y-3) 205005 11/15/05 71.90 STRATEGIC RESOURCE COMPANY EXPERT SERVICES (AMERICORPS/CNCS Y-2) 205006 11/15/05 1,680.00 TEACHER CREATED RESOURCES INSTRUCTIONAL SUPPLIES (WINGS) 205007 11/15/05 213.49 TOSTI TRAVEL (LIT. INIT. XIV) 205008 11/15/05 255.34 TULARE COUNTY LIBRARY LITERACY TRAVEL (LIT. INIT. XIV) 205009 11/15/05 164.51 WEAVER TRAVEL (LIT. INIT. XIV) 205010 11/15/05 249.74 WEBB TRAVEL (LIT. INIT. XIV) 205011 11/15/05 34.28 WILLIAMS CONTRACT SERVICES (LIT. INIT. XIV) 205012 11/15/05 2,009.70 WONG TRAVEL (LIT. INIT. XIV) 205013 11/15/05 427.12 ZIKRATCH TRAVEL (LIT. INIT. XIV) 205014 11/15/05 338.14 ZURAKOWSKI TRAVEL (LIT. INIT. XIV) 205015 11/15/05 261.41 AMAZON.COMCREDIT BOOKS 205016 11/15/05 55.57 BAKER & TAYLOR BOOKS 205017 11/15/05 487.08 CAMPBELL TRAVEL & SUBSISTENCE 205018 11/15/05 576.55 CHECKPOINT SYSTEMS, INC. MATERIALS & SUPPLIES 205019 11/15/05 325.31 CITY OF NATIONAL CITY SALES TAX OUT OF STATE VENDORS 205020 11/15/05 42.06 DELANEY EDUCATIONAL BOOKS(IMLS) 205021 11/15/05 1,546.57 FAST SIGNS PRINTING AND BINDING 205022 11/15/05. 269.38 JOHN STOUP CONTRACT SERVICES 205023 11/15/05 220.00 KELLY PAPER MATERIALS & SUPPLIES 205024 11/15/05 294.16 MIDWEST "TAPE PHOTOGRAPHIC SUPPLIES 205025 11/15/05 81.84 OFFICE SUPPLIES PLUS MATERIALS & SUPPLIES 205026 11/15/05 138.88 ORIENTAL TRADING COMPANY, INC OPERATIONAL/INSTRUCTION SUPPLIES 205027 11/15/05 529.20 QUILL CORPORATION MATERIALS & SUPPLIES 205028 11/15/05 413.36 SMART & FINAL OPERATIONAL/INSTRUCTIONAL SUPPLIES 205029 11/15/05 414.64 THE H.W. WILSON COMPANY BOOKS 205030 11/15/05 - 168.63 THOMSON GALE BOOKS 205031 11/15/05 96.67 U.S. POSTMASTER POSTAGE 205032 11/15/05. 444.00 XEROX CORPORATION CONTRACT SERVICES 205033 11/15/05 1,655.57 YE OLDE WOOD PEDDLER MATERIALS & SUPPLIES(LIBRARY DONATION F 205034 11/15/05 301.27 A & J FOSTER REFUND/INCORRECTLY CHARGED/TRAVEL FEE 205035 11/15/05 126.00 ACCOUNTEMPS TEMP SRVCS MORRIS PATRICK W/E 10/28/05 205036 11/15/05 1,358.40 ACCOUNTEMPS TEMP SRVCS MARY JO REBELEZ W/E 10/28/05 205037 11/15/05 888.00 ACEDO REIMB/TEEN XTREME PROGRAM SUPPLIES/ACE 205038 11/15/05 116.18 ALL POINTS PUBLIC FUNDING, LLC NEW FIRE TRUCK LEASE PMT# 2 11/29/05 205039 11/15/05 19,613.22 ALLSTATE INSURANCE CO OVRPMNT CLAIM4707059699/4707059889 205040 11/15/05 8.00 ARROYO BROTHERS LABOR TO UPHOLSTER AND REPAD TWO FRON 205041 11/15/05 577.75 ASG SIGNS PATCH BROCHURE - CHIEFS FULL COLOR 205042 11/15/05 983.21 ASPEN PUBLISHERS INC ENVIRON LIAB/REAL PROP 2005 SUPPLEMENT 205043 11/15/05 241.16 ASSI SECURITY, INC. TECHNICAL SERVICE CALL TRAINING 8/24/05 205044 11/15/05 295.00 AT&T AT&T BUSINESS SRVCS #051 771-5142 001 205045 11/15/05 71.63 BEACON FIRE & SAFETY, LP LABOR FOR SENIOR CENTER & MLK 205046 11/15/05 776.92 BOOT WORLD MOP 64096 SAFETY BOOTS - IBAR IA 205047 11/15/05 87.26 BRATTIN MOTORS PART #99990000512, REAR D205G SPORTMAX 205048 11/15/05 228.08 C A P F FIRE/LTD NOV 2005 205049 11/15/05 640.00 CALIFORNIA LAW ENFORCEMENT PD/LTD NOV 2005 205050 11/15/05 1,638.00 CARRIER JOHNSON AUG 2005 SRVCS-NC LIBRARY FF&E SRVCS 205051 11/15/05 331.69 CEB CA ADMINIST HEARING PRACTCE 2005 UPDATE 205052 11/15/05 93.23 CINGULAR WIRELESS DATA/VOICE SRVC #0045535344 205053 11/15/05 2,528.42 CINGULAR WIRELESS DATA/VOICE SRVC #I13782899 205054 11/15/05 128.39 CINGULAR WIRELESS DATA/VOICE SRVC #043-741264 205055 11/15/05 26.38 CONSTRUCTION ELECTRONICS INC. NOV 2005 MAINT OF KEY CARD SYSTEM 205056 11/15/05 843.55 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 205057 11/15/05 863.51 DANIEL PEARCE/ RPM WELDING 20 MANHOURS @ $55.00/HOUR TO REPAIR 205058 11/15/05 1,214.11 DATA TICKET INC PARKING CITATIONS PROCESSING AUG 2005 205059 11/15/05 2,486.70 DELL MARKETING CORP DELL 2-POST RAIL FOR DELL POWEREDGE 205060 11/15/05 370.64 DELTA DENTAL DENTAL INS NOV 2005 205061 11/15/05 15,562.29 DELTACARE (PMI) DENTAL INS PMI NOV 2005 205062 11/15/05 3,684.83 DEPARTMENT OF JUSTICE FINGERPRINTING CHARGES FOR NEW CITY 205063 11/15/05 128.00 DEPARTMENT OF JUSTICE FINGERPRINTING CHARGES FOR NEW CITY 205064 11/15/05 102.00 DISCOUNT SCHOOL SUPPLY SUPPLIES, IE MAGNETIC EASEL, BIOCOLOR 205065 11/15/05 563.59 DIXIELINE LUMBER CO. MOP 45707 - CONCRETE MIX 205066 11/15/05 128.37 DSL EXTREME WAYNE SUTTER (COMMU COMPUTER PROJ) 205067 11/15/05 26.16 DURRA INK MOP # 46766 3PT SUPERVISORS ACCIDENT 205068 11/15/05 122.84 EDCO DISPOSAL CORPORATION SRVC FOR CLEAN UP EVENT 8/13/05 205069 11/15/05 4,083.65 EXPERIAN CREDIT CHECKS FOR NEW PD EMPLOYEES AS 205070 11/15/05 28.48 EXPRESSTEL LONG DISTANCE SRVCS #24303871 205071 11/15/05 188.10 FORTIS BENEFITS VTL NOV 2005 205072 11/15/05 2,394.33 FORTIS BENEFITS INSURANCE CO MGMT/LTD NOV 2005 205073 11/15/05 3,513.57 FORTIS BENEFITS INSURANCE CO LIFE INS NOV 2005 205074 11/15/05 2,016.00 FORTIS BENEFITS INSURANCE CO STD/LTD NOV 2005 205075 11/15/05 7,843.15 FROMEX PHOTO & STUDIO MOP 67534 FILM CHANGED TO CD 205076 11/15/05 77.26. GROSSMAN PSYCHOLOGICAL ASSOC. PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS F( 205077 11/15/05 1,440.00 HARRIS & ASSOCIATES T&A#951 PARADISE WALK PROJECT SEP 2005 205078 11/15/05 1,966.18 HARRIS & ASSOCIATES T&A#842 900 L AVE PROJECT SEP 2005 205079 11/15/05 1,151.15 HARRIS & ASSOCIATES SRVCS FORJULY 2005-COMPUTER COMMU 205080 11/15/05 2,225.00 HEALTH NET HEALTH INS NOV 2005 205081 11/15/05 64,567.75 HEALTH NET HEALTH -ELECT INS NOV 2005 205082 11/15/05 2,857.11 HEALTH NET HEALTH-RET INS 57135F NOV 2005 205083 11/15/05 2,381.63 HEALTH NET HEALTH-RET INS 57135 NOV 2005 205084 11/15/05 857.70 HIRSCHON REIMB VOICE/DATA SERVICES AUG 2005 205085 11/15/05 70.00 HIRSCHON PALM CRADLE KIT FOR TREO 650 205086 11/15/05 61.90 HIRSCHON REIMB TREO 650 CAR CHARGER/ADAPTER 205087 11/15/05 30.85 IBARRA REIMB FOR CALBO TRAINNING EXPS 205088 11/15/05 110.78 IKON OFFICE SOLUTIONS MAINTENANCE FOR RICOH VT6000 DUPLICATOR. 205089 11/15/05 125.00 5 INFINITY INSURANCE COMPANY OVRPYMNT CLAIM#10000085226/10000081261 205090 11/15/05 8.00 INGERSOLL-RAND COMPANY SERVICE AGREEMENT FOR AIR COMPRESSORS. 205091 11/15/05 779.24 INSIGHT PUBLIC SECTOR TRENDMICRO DAMAGE CLEANUP SERVICE 205092 11/15/05 4,272.00 IRON MOUNTAIN RECORDS MGMT IRON MOUNTAIN STORAGE FEES 205093 11/15/05 100.00 JAS PACIFIC, INC. JIM MCCOY BLDG INSPECTOR FEES 205094 11/15/05 7,133.34 JEFF KATZ ARCHITECTURE OCT 2005 SRVCS-NC CHAMBER RENOVATION 205095 11/15/05 13,892.00 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE NOV 2005 205096 11/15/05 99,671.90 KAISER FOUNDATION HEALTH PLANS KAISER INS RETIREES NOV 2005 205097. 11/15/05 545.52 KLEINFELDER, INC. OCT 2005 SRVCS-NC PUBLIC LIBRARY 205098 11/15/05 6,615.00 LASER SAVER INC MOP 45725 COMPATIBLE TONER EPE 205099 11/15/05 517.85 LEAGUE OF CALIFORNIA CITIES LCC CITY BOOKS 205100 11/15/05 378.00 LEXIS-NEXIS NATIONAL CWY CODE PRINT SUPP#13 8/05 205101 11/15/05 1,129.61 LONG'S DRUG STORES MOP 45727 INSTANT CRAZY GLUE 205102 11/15/05 4.29 LOPEZ INTERPRETATION SRVCS ON 11/01/05 205103 11/15/05 100.00 MAINTEX, INC. #262564 BAGLESS HEPA VAC 15" (SERIAL 205104 11/15/05 898.16 MAN K-9 INC. 'WEEKLY MAINTENANCE TRAINING, $50.00 205105 11/15/05 • 1,600.00 METROCALL PAGING SERVICES AS NEEDED FOR POLICE 205106 11/15/05 785.69 MONTGOMERY KONE, INC. MAINTENANCE/REPAIR AS NEEDED FOR 205107 11/15/05 1,358.07 MORALES T&A 754 2605 K AVENUE N.C. SIDEWALK 205108 11/15/05 500.00 MX LOGIC, INC EMAIL PROTECTION, ANTI-SPAM PROTECTION, 205109 11/15/05 882.00 NEXTEL COMMUNICATIONS WIRELESS SRVC FOR COUNCILMAN #481082028 205110 11/15/05 124.11. NEXUS IS, INC. MOVE, ADD AND CHANGE PHONE LINES AND 205111 11/15/05 3,114.30 OFFICE TEAM TEMP SRVCS OLSON JOSEPH W/E 10/21/05 205112 11/15/05 1,602.48 ORCUTT REIMB TRVL EXP-PUBLIC RECORDS SEMINAR 205113 11/15/05 196.92 PERVO TRAFFIC CENTER MOP 63846 - SIGN 205114 11/15/05 761.18 PRUDENTIAL OVERALL SUPPLY MOP 45742 - UNIFORMS EQUIPMENT 205115 11/15/05 194.26 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 11-05-3 205116 11/15/05 62,452.32 R.J. SAFETY SUPPLY #RR1400-419M - LACROSSE SKYHOOK JACKET 205117 11/15/05 737.65 ROMAN'S TRUCK BODY & PAINT MATERIALS, FOR TRUCK #347 205118 11/15/05 2,221.77 SAN DIEGO DAILY TRANSCRIPT ADVERTISING/SPEC 05-1 205119 11/15/05 104.40 SAN DIEGO GAS & ELECTRIC ELECTRIC BILIJSTREET#10093014384 205120 11/15/05 26,431.74 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#29728110755 205121 11/15/05 25,189.29 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#98917081416 205122 11/15/05 3,342.09 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#10091911839 205123 11/15/05 2,028.01 SAN DIEGO GAS & ELECTRIC ELECTRIC BILUSEWER#10092646814 205124 11/15/05 72.92 SAN DIEGO GAS & ELECTRIC ELECTRIC BILUSEWER#29491892373 205125 11/15/05 42.81 SAN DIEGO GAS & ELECTRIC ELECTRIC BILUSTREET#2798 537 758 8 205126 11/15/05 39.34 SAN DIEGO GAS & ELECTRIC ELECTRIC BILUSTREET#8727 142 698 6 205127 11/15/05 19.42 SBC/MCI VOICE AND DATA #C60-449-7549-555 205128 11/15/05 6,498.77 SBC/MCI VOICE AND DATA #619 477-9738 6438 205129 11/15/05 229.19 SMART & FINAL MOP 45756 SUPPLIES 205130 11/15/05 138.43 SMART & FINAL STORE #347 MOP 45756 SUPPLIES 205131 11/15/05 22.39 SOLANO PRESS BOOKS SOLANO PRESS BOOK ORDER 11/02/05 205132 11/15/05 5.00 SOUTHWEST SIGNAL SERVICE, INC. OCT 2005 TRAFFIC SIGNAL, STREET LIGHTING 205133 11/15/05 7,764.49 STARTECH COMPUTERS MOP 61744 SCANNER, FLATBED 5590 HP MODEL 205134 11/15/05 786.26 SUN TRUST NEW FIRE TRUCK RNTAL PMT# 21 11/30/05 205135 11/15/05 5,009.63 SWEETWATER AUTHORITY WATER BILLS/FACILITIES 21 ACCOUNTS - 205136 11/15/05 18,277.34 SWEETWATER AUTHORITY WATER BILLS/STREET 16 ACCOUNTS 205137 11/15/05 3,920.34 SWEETWATER AUTHORITY WATER BILUSEWER#152-2700-0 205138 11/15/05 29.96 TAMORIA JR. REFUND BANNER FEE/RPLCMNT CK#189242 205139 11/15/05 250.00 THE OLD GLOBE PURCHASE PLAY TICKETS - 205140 11/15/05 ' 400.00 THE STAR NEWS LEGAL ADVERTISING 11/07/05 MEETING 205141 11/15/05 420.24 THE STAR NEWS ADVERTISING SPEC 05-4 205142 11/15/05 276.75 THE STAR NEWS ADVERTISING/SPEC 05-1 BKWAY MASTER PLAN 205143 11/15/05 219.76 THE STAR NEWS LEGAL ADVERTISING DEC 19, 2005 MEETING 205144 11/15/05 166.56 UNITED PARCEL SERVICE UPS SHIPMENT ONE TIME PICKUPS 205145 11/15/05 11.70 UNITED RENTALS BCHPLANT CONCRETE MDC, 6 SACK MIX 205146 11/15/05 150.85 VERIZON WIRELESS MOBILE SRVCS FOR CITY USERS#570210396 205147 11/15/05 4,327.43 VULCAN MATERIALS COMPANY ASPHALT FOR FISCAL YEAR 2006 205148 11/15/05 1,330.89 WEST GROUP PAYMENT CENTER THOMSON-WEST SEP - OCT 2005 205149 11/15/05 337.54 WESTFLEX INDUSTRIAL MOP 63850 HOSE 205150 11/15/05 11.92 WILLY'S ELECTRONIC SUPPLY CO. MOP 45763 COMPUTER SUPPLIES 205151 11/15/05 73.37 WURBS REIMB/ELECTION CENTRAL/LIN WURBS 205152 11/15/05 34.64 ZAMORANO REIMB FOR CALBO TRAINNING EXPS 205153 11/15/05 149.23 BUTLER'S MILL, INC. MOP 45695 RAKE 205154 11/15/05 256.23 CAFE D'AMORE COFFEE FOR MAYOR'S OFFICE 205155 11/15/05 97.70 DIXIELINE LUMBER CO. MOP 45707 PLUMBING FOR POLICE 205156 11/15/05 297.57 EDM PUBLISHERS SUBSCRPTN-BLDG PERMITS LAW BULLETIN 205157 11/15/05 99.00 MID-AMERICAN REGIONAL COUNCIL FIRST SUBURBS COALITION IDEA BOOK 205158 11/15/05 10.00 MOTOROLA MOTOROLA PREMIER MDC CLIENT LICENSES 205159 11/15/05 3,792.80 OFFICE TEAM TEMP SRVCS WILLIAMS, LEON W/E 10/14 & 07 205160 11/15/05 1,576.58 ONE SOURCE DISTRIBUTORS MOP 67256 SHIELD 205161 11/15/05 67.07 ROAD ONE TOWING MOP 45687-TOWING VEH #236 RPLC CK199106 205162 11/15/05 162.00 TOOLS PLUS INDUSTRIAL RAINSUITS, XX LARGE 205163 11/15/05 135.66 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 PLUMBING KITS 205164 11/15/05 130.47 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRICAL PARTS 205165 11/15/05 27.82 WILSON REIMB FOR TRVL EXPS-GREEN BLDG SEMINAR 205166 11/15/05 189.20 AMERICAN RESIDENTIAL SERVICES REPAIR OF AIR COND. 205167 11/15/05 189.72 AT SYSTEMS WEST INC MONEY TRUCK - NOV. '05 205168 1.1/15/05 384.95 BILL HOWE PLUMBING INC REPAIRS IN LADIES RESTROOM 205169 11/15/05 142.68 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 205170 11/15/05 131.64 CORPORATE EXPRESS OFFICE SUPPLIES 205171 11/15/05 293.20 CUMMINS CAL PACIFIC, LLC BUS PARTS AS NEEDED FOR FY06 205172 11/15/05 523.65 DELL DIMENSION 3000 SERIES, INTEL PENTIUM 4 205173 11/15/05 2,571.40 DIXIELINE LUMBER CO. SHOP SUPPLIES 205174 11/15/05 18.07 EW TRUCK & EQUIPMENT CO INC BUS PARTS AS NEEDED FOR FY06 205175. 11/15/05 887.96 EXXONMOBIL/GECC FUEL FOR STAFF VEHICLES 205176 11/15/05 124.35 FIRST ADVANTAGE CORPORATION RANDOM SELECTIONS 205177 11/15/05 220.00 GREAT AMERICAN INSURANCE CO WC INSURANCE 205178 11/15/05 16,155.92 JANKOVICH COMPANY DIESEL FUEL 205179 11/15/05 20,804.29 M&M PLASTICS BUS SIGNS AND DECALS AS NEEDED FOR FY 205180 11/15/05 1,583.93 METROPOLITAN TRANSIT SYSTEMS TELE INFO SERVICE LINE JUL. - OCT.'05 205181 11/15/05 9,071.56 MYERS TIRE SUPPLY COMPANY NEW TIRE MACHINE 205182 11/15/05 4,865.77 NAPA AUTO PARTS AUTO PARTS 205183 11/15/05 18.94 NEW FLYER PARTS BUS PARTS AS NEEDED FOR FY06 205184 11/15/05 493.08 PETRO-DIAMOND INC. DIESEL FUEL 205185 11/15/05 18,604.93. PRE -PAID LEGAL SERVICES INC PRE -PAID LEGAL - OCT. 2005 205186 11/15/05 830.85 SAFETY-KLEEN SYSTEMS, INC. WASTE REMOVAL 205187 11/15/05 3,069.85 SHERMAN SUPERSONIC INDUSTRIES BUS WASH PARTS AS NEEDED FOR FY 06 205188 11/15/05 159.92 8 SO. CAL TRUCKSTOP SPANKY'S, INC. SWEETWATER AUTHORITY TARULLI TIRE INC.-SAN DIEGO THERMO KING WINCAL TECHNOLOGY CORP Workers compensation checks PROPANE REFILL FOR FORKLIFT PORT-A-POTTIE SERVICING FACILITY WATER 08/31/05 - 10/25/05 TIRES AUTO PARTS PARTS SERVICES LIBRARY WARRANTS CHECK#204935-205034 TRANSIT WARRANTS CHECK#205167-205194 PAID OUT OF HUD GUARANTEED LOAN FUND ACCT STATION CHECK#200167 Total Total Total 205189 11/15/05 18.70 205190 11/15/05 411.41 205191 11/15/05 1,398.58 205192 11/15/05 4,423.34 205193 11/15/05 643.72 205194 11/15/05 482.00 $735,442.68 10786 11/9/05 101.04 10787 11/9/05 495.00 10788 11/9/05 406.25 10789 11/9/05 31.35 10790 11/9/05 226.03 10791 11/9/05 17.03 10792 11/9/05 80.68 10793 11/9/05 200.00 10794 11/9/05 173.08 10795 11/9/05 13.15 10796 11/9/05 37.98 10797 11/9/05 321.25 10798 11/9/05 128.59 10799 11/9/05 265.50 10800 11/9/05 202.05 10801 11/9/05 453.53 10802 11/9/05 382.00 10803 11/9/05 400.00 10804 11/9/05 32.30 $3,966.81 739,409.49 100 CHECKS 28 CHECKS FOR THE CONSTRUCTI 1 CHECK $159,769.50 $ 88,524.41 ON OF THE NEW FIRE $ 4,083.73 9 City of National City WARRANT REGISTER #20 11/15/05 001 GENERAL FUND 306,604.24 104 LIBRARY FUND 3,604.36 105 PARKS MAINTENANCE FUND 182.70 108 LIBRARY CAPITAL OUTLAY 1,626.72 109 GAS TAXES FUND 3,262.93 120 PLAN CHECKING REVOLVING FUND 7,133.34 125 SEWER SERVICE FUND 296.39 136 TINY TOT CLASSES FUND 563.59 189 CIVIC CENTER REFURBISHING 13,892.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 880.00 241 NATIONAL CITY LIBRARY STATE GRANT 4,515.35 242 N. CITY LIBRARY MATCHING FUND 2,431.34 246 WINGS GRANT 803.24 250 NEW FIRE STATION CONSTRUCTION 4,083.73 253 RECREATIONAL ACTIVITIES FUND 404.31 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 110.78 277 NC PUBLIC LIBRARY DONATIONS FUND 1,283.09 279 PRIME TIME FAMILY READING TIME 589.15 280 AMERICORPS/CNCS YEAR 2 GRANT 64,440.56 282 REIMBURSABLE GRANTS CITYWIDE 2,640.00 283 Inst. of Museum & Library Svcs. Grant 1,546.57 284 Literacy Initiatives XIV 38,702.05 285 EASY VOTER GUIDE II 43,891.74 286 LITERACY SERVICES III 2,019.55 287 AMERICORPS LSTA III 1,262.47 301 GRANT-C.D.B.G. 29,141.35 302 CDC PAYMENTS 20,514.22 312 STP LOCAL/TRANSNET HIGHWAY 273.53 552 TDA 88,524.41 626 FACILITIES MAINT FUND 49,221.47 627 LIABILITY INS. FUND 3,979.47 628 GENERAL SERVICES FUND 175.63 629 INFORMATION SYSTEMS MAINTENANC 10,667.14 631 TELECOMMUNICATIONS REVOLVING 15,004.27 632 GENERAL ACCOUNTING SERVICES 2,355.43 643 MOTOR VEHICLE SVC FUND 4,563.03 724 COBRA/RETIREE INSURANCE 4,352.01 725 PLANNING 250.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 3,617.33 TOTAL 739,409.49 10 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 4vG FINANCE Di 'ECTORR �o ' 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 6 TH DAY OF DECEMBER 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 AGENDA ITEM NO. 9 (ITEM TITLE Public Hearing — To Determine whether the Public Health, Safety or Welfare require the formation of underground utility District No. 24 (Phase I) on 8th Street from National City Boulevard to Highland Avenue. PREPARED BY Yolando Vitug EXPLANATION DEPARTMENT Engineering EXT. 4414 On November 15, 2005, the City Council set December 6, 2005 as the date for receiving public comments on whether the Public Health, Safety or Welfare require the removal of poles, and overhead wires and the underground installation of wires and facilities for supplying electrical (Distribution System) and communication services on 8th Street from National City Boulevard to Highland Avenue (Underground District No. 24, Phase I). Notices of the Public Hearing were sent to all of the affected property owners . After the public hearing process staff will prepare a Resolution for the formal establishment of District No. 24 (Phase I). Environmental Review _N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold the Public Hearing. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Exhibit "A" — Map of District 24 — Phase I 2. Exhibit "B" — List of Names and addresses of the property owners within District 24 (Phase I) A-200 (Rev. 7/03) EXHIBIT "A" If If 111-7-11 : ; I • , s [a 1 of Nt I t1,1 /114 1 Egia z , 1100 131 110 323 3201 3314 343 34. L. rp 14* L PLR ! as 1 i rt. g : "1-• 1°1 St a a 1,37',,11111 AVENlir 3 1102 TIONAL g i l zJ f1.7 Ia tl_g'-l-l;I l; 'I,I O00 g (NATIONAL AVC3 I at 43 47 X0 la 111.3) 130 ...... 113 ai-1.11811 AVENUE 141 X0 214 ill IT 13*. ; ; "41 r SaTI.TiT -I2i ys2; 12!: 1 _1LI Ari D i i , . I I I I -4 --I , 1 2 ..i • ---.'.--"-- 1 .4... r ---,---1,-----; i 1 11 1 1 1 I 1_,__. I i . 1 Eigigic -1 ; i g- [I it .91 30 31 4/0 4,4 111 4,7 ID 333 E .1 g 1 it 1 i Isos'. 3 , •. • 31°1 i i...—ii_4 r.iivr.,ra--t KOI Is -1 -11-21r- I 11=1- 1 . .....141 J _i_f_c 1----,, ! i i • I I • . ' I 1 1 1 1 I I I . ' 'n ; . I it A 1g !al, al r •-:-1 -I F 2u m ri 1,-1 -----7.-61—I' r"! -4 WO 103 iliE 1-44 i 1 , ---i !,, ,... _ i L_... ,., rI, I! .1 GHUAND 4 417 11:2.1 131 g 737 5 :5! APN 1. 556-472-23-00 2. 556-472-26-00 3. 556-332-24-00 4. 556-473-15-00 5. 556-474-01-00 6. 556-474-04-00 7. 556-474-21-00 8. 556-334-21-00 9. 556-352-18-00 10.556-353-09-00 11.556-353-10-00 12.556-492-07-0 13.556-353-11-0 14.556-353-12-00 15.556-354-15-00 16.556-492-10-00 17.556-354-16-00 18.556-492-12-00 EXHIBIT "B" OWNER'S NAME SITE ADDRESS AND ADDRESS Donald Jackel Trust 11-22-89 6009 Madra Ave., San Diego, CA 92120 City of National City Community Public Agency Ernest J. & Ellen N Addleson Living Trust 6143 Caminito Pan, San Diego, CA 92120 Carlyle M. Meints Tr 222 E 8th Street, National City, CA 91950 Mather Capital Assets Limited Partnership 944 Orange Avenue, Coronado, CA 92118 Eligio Meza 4088 Poplar St., San Diego, CA 92105 Morgan Family Trust 1223 `J' Avenue, National City, CA 91950 Rolando & Loma Herce Family Trust 1017 E `J' Street, Chula Vista, CA 91910 Pepito Aure Trustee; Aure Family Trust 19 505 E 8th Street, National City, CA 91950 Igiesia Deldios Vivo Columna Y Apoyo Del 605 E 8th Street, National City, CA 91950 Reynaldo G. Tinsay 619 E 8`h Street, National City, CA 91950 Morgan Family Trust 1223 `J' Avenue, National City, CA 91950 Henry Walker 6390 Kimi Lane, La Mesa, CA 91942 Manuel A & Priscilla A Filomeno 879 Gallery Ct., San Diego, CA 92114 James Ferguson D/S M Trust 4555 Hillview Dr., La Mesa, CA 91941 Nola Z. Kunze 19550 NE Calkins Ln., Newberg, Or 97132 Brothers 2002 Revocable Trust 08-05-02 11678 Petirrojo Ct., San Diego, CA 92124 Axel & Denise A Gormsen 718 E 8`b Street, National City, CA 91950 108 E 8`h Street, National City 130 E 8th Street, National City 135 E 8th Street, National City 200 E 8th Street, National City 811 C Avenue, National City 325 E 9th Street, National City 330 E 8th Street, National City 333 E 8`h Street, National City 505 E 8`h Street, National City 605 E 8`h Street, National City 619 E 8`h Street, National City 330 E 8`h Street, National City 629 E 8th Street, National City 730 `G' Avenue, National City 705 E 8th Street, National City 710 E 8th Street, National City 717 E 8th Street, National City 718 E 8th Street, National City BUSINESS HOMEJOTHEIR. Commercial Commercial Commercial Commercial Commercial Residential Commercial Commercial Commercial Commercial Commercial Residential Residential Residential Commercial Commercial Commercial Commercial City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 AGENDA ITEM NO. 10 ITEM TITLE Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the Proposal Conversion of 36 Apartment Units (Le National) to Condominiums at 1306 E. 18th Street (S 2003-06 / CUP 2003-25). PREPARED BY I L) Mary Jo Wilson, Principal Plann� 336-4319 Planning EXPLANATION DEPARTMENT On October 17, 2005, the Planning Commission held a public hearing to review the proposal to convert an existing 36-unit apartment complex to condominiums located on a 0.82 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. Please refer to the attached for the project details. Environmental Review ✓ N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission recommendation to approve the project XciP BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Tentative Subdivision and Conditional Use Permit (Vote: Ayes - Pruitt, Carrillo, Alvarado, Baca, Martinelli, Reynolds. Absent - Flores, Graham) ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 35-2005 3. Location Map 4. Department & Agency Comments 5 Exemnton Notice A-200 (9/99) Resolution No. 35-2005 6. Site Photographs 7. Project Applications 8. Proposed Approval Findings & Conditions of Approval 9. Property Conditions Report 10. Applicant's Plang,(Fxhihit A dated November 3.2005) 1 S 2003-06 / CUP 2003-25 36-Unit Condominium Conversion Site Characteristics: The project site is located at 1306 E. 18th Street in the Multi -Family Residential (RM-1-PD) Zone. The 0.829-acre site is rectangular and relatively flat with street frontage and access on 18` Street. The site contains an existing 36-unit apartment complex (Le National) which will remain and convert to condominiums. There are some small areas of vegetation in the internal building courtyard. The 36-unit apartment building was constructed in the late 1960's. The complex is comprised of three separate buildings, all of which are 2-story in design. All three buildings equal approximately 27,200 square -feet. There is a covered main entrance from 18th Street that opens to a "U-shaped" outdoor courtyard area which is landscaped. The units are accessed from this main courtyard. There is 1 studio unit, 13 1-bedroom / 1 bathroom units and 22 2-bedroom / 1 bathroom units. There are no private balconies or patios. The approximate 5,000 square -foot courtyard area is landscaped and has areas with tables and chairs for the residents. Other site improvements include a community laundry room, trash enclosure and fencing along much of the perimeter of the site. There are a total of 39 parking spaces provided on -site. 15 of the parking spaces are located in the eastern building with 7 two -car garages and 1 one -car garage. The remaining 24 parking spaces are in an uncovered, surface parking lot in the southeastern portion of the property. All of the parking spaces are accessed via a driveway from 18th Street at the northeast corner of the property. Two-thirds of the surface parking spaces are approximately 19-feet by 8.5-feet, the additional one-third are approximately 14-feet by 8.5-feet. The aisle width is approximately 22- 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. Proposed Use: The applicant is proposing to convert all 36 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, windows will be replaced, stair and balcony railings will be re -painted and the parking lot will be repaired, re -sealed and re -striped. There will also be a new fence around the perimeter of the property and all of the water heaters will be replaced with energy efficient water heaters. 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 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 Existin Parking Spaces 2 spaces per unit 1.3 and 1.5 spaces per unit 1.5 spaces per unit with no plus guest parking plus guest parking guest spaces Unit Size 1,000 square -feet 650 / 800 square -feet 750 square -feet (average) Useable Open Up to 6,000 square- Up to 6,000 square -feet 5,000 square -feet Space feet Density 22.9 units/acre 22.9 units/acre 43.5 units/acre As you can see, the average size of the existing units is less than the required unit sizes 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. Additionally, the useable open space is also less than what is required for new development; however, the open space is landscaped and does include tables and chairs for use by the residents. 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 stated before, the PCA report found that the property is in good condition without significant structural defects. It does, however, contain recommended repairs which are fully detailed in the attached report, including repairing the parking lot, replacing inoperable windows and the installation of new appliances and fixtures. A Pest Control Report was also prepared for the project. The Report indicates that there are several units within the building that have drywood termites. Based on the recommendations of the Report, the drywood termites will need to be eradicated. A condition of approval has been included requiring that all of the repairs and improvements identified in the Property Condition Assessment and Pest Control Report, including the recommended short and long-term repairs and the removal of termites, be completed prior to the sale of any unit. In addition, a condition has been included requiring the repair or replacement of the individual garage doors. A condition has also been included requiring City Attorney review and approval of a Lien Contract and Agreement not to Convey, which will ensure that the proposed and required improvements are completed prior to the sale of all of the units. Standard conditions of approval recommended by the Engineering and Building Departments and Sweetwater Authority have also been attached. Planning Commission Hearing: The Planning Commission held a public hearing on this item at their October 17, 2005 meeting. At the hearing, the Commission reviewed the project and recommended approval. There was one speakers; a resident of the apartment complex. She spoke in opposition to the project since renters would be required to move if they did not want to buy a condominium. The applicant stated that existing renters are given the opportunity to buy a condominium unit. The applicant also stated that the required improvements and associated sale of the units would not occur until approximately 8-10 months after the project approval. At the hearing, the applicant requested that Condition #12, which requires the undergrounding of utilities, be waived. The Planning Commission acknowledged the request and indicated that the City Council is the body that has the authority to determine if a waiver is appropriate. RESOLUTION NO. 35-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE PROPOSED CONVERSION OF 36 APARTMENT UNITS (LE NATIONAL) TO CONDOMINIUMS AT 1306 E. 18TH STREET APPLICANT: WESTONE MANAGEMENT CONSULTING CASE FILE NO. S-2003-06/CUP-2003-25 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 E. 18th Street on property generally described as: All that portion of the westerly half of the northeasterly Quarter of the southwesterly Quarter of 40 acre Lot 1 in Quarter Section 133 of the Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 on file in the Office of the Recorder of said San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 7, 2005 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2003-06 and CUP-2003-25 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said Tentative Subdivision Map and Conditional Use Permit support the following recommended findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will use high quality materials and create 36 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. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 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 36 new homeownership opportunities should be attractive to first time homebuyers, will allow for mobility in the housing market and an increased rate of homeownership. FINDINGS FOR CONDOMINIUM CONVERSION PROJECS 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 36 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 IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 E. 18th Street, subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorize the conversion of the property at 1306 E. 8th Street, including 36 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 2003-06 / CUP 2003-25, November 3, 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 Control Report shall be implemented prior to release of any unit for sale including, but not limited to the: interior painting including the ceiling, new kitchen, new appliance, new interior doors, new window coverings, new carpet and floor tile, new bathroom, new lighting, new door hardware and baseboard and crown molding as well as new hot water heaters. The areas of the buildings that were determined by Pest Control Report to have drywood termites shall be eradicated. The units shall also be equipped with smoke detectors. The building shall be repaired as necessary, including the painting of exterior buildings, replacement of the exterior patio, new perimeter fencing and repair to the trash enclosure. The entire asphalt paved driveway and parking lot shall be repaired, seal -coated and re -striped. 4. The individual garage doors shall be repaired or replaced. 5. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey to ensure the improvement for the project site are complete and shall be subject to review and approval by the City Attorney. 6. The Covenants, Conditions and Restrictions (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 (CC&R's), 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. Prior to the units being sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. 9. Street improvements shall be in accordance with City Standards. All missing street improvements (110-feet of gutter) shall be constructed. In addition, the deteriorated portions of the existing street improvements (5-feet of curb) along the property frontage shall be removed and replaced. 10. 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. 11. 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. 12. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 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. 24. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 21, 2005 by the following vote: AYES: Carrillo, Pruitt, Alvarado, Baca, Martinelli, Reynolds NAYS: ABSENT: Graham ABSTAIN: Flores CHAIRWOMAN PROJECT LOCATION ZONE BOUNDARY AN LOCATION MAP Tentative Subdivision Map and Conditional Use Permit for the Proposed Conversion of 36 Apartment Units (Le National) to Condominiums at 1306 East 18th Street S-2003-6 / CUP-2003-25 NATIONAL CITY PLANNING DRN. DATE: 10/25/05 INITIAL HEARING: 11/7/05 City of National City Building and Safety Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4210 Fax: 619-336-4217 October 22, 2003 TO: Planning Department FROM: Kathleen Trees Building & Safety Department SUBJECT: S-2003-6, CUP-2003-25 La National Apartments 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. Before units can be sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. City of National City PTV:'1 Department of Public WprI4'_r's'1"s'' 1243 National City Blvd., National y, CA 91950_, . — (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR A CONVERSION OF APARTMENTS TO CONDOS AT 1306 E. 18TH STREET Date: October 20, 2003 To: Stephen Ray, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Acting Director of Public Works/Engineering Subject: CONVERSION OF APARTMENTS TO CONDOS AT 1306 E. 18TH STREET 1. The deteriorated portions of the existing street improvements (5' of curb) along the property frontages shall be removed and replaced. 2. A permit shall be obtained from the Engineering Depaituient for all improvement work within the public right-of-way. 3. A performance bond equal to the approved cost estimate for all of the street improvements, and landscaping work shall be posted. A three thousand dollars payment shall 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 adjustments. 4. Street improvements shall be in accordance with City Standards. All missing street improvements (110' of gutter) shall be constructed. 5. A title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property, after Planning Commission approval. TENTATIVE MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. Recycled Paper Planning Department October 20, 2003 Page 2 2. The developer shall bond for the monumentation, the public improvements and landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 3. All new property line survey monuments shall be set on private property, unless otherwise approved. 4. 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 1306 SWEETWATER AUTHORITY 505 GARRETTAVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org October 14, 2003 Mr. Steve Ray, Principal Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD JAMES'JIM' DOUD. CHAIR W.D. "BUD" POCKLINGTON, VICE crimp R.MITCHELBEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS CARY F. WRIGHT WANDA AVERY TREASURER IMtA 31MFARP,ON'FRT.PtIA {11 ,,;;, SECRETARY i'? NATIONAL CI P.' Pt.ANNT.N(.7 r'S?l tAp Subject: WATER AVAILABILITY 36 CONDOS AT 1306 E. 18TH STREET, NATIONAL CITY A.P.N. 561-210-34-00 CASE NO.: GP-2003-6, CUP-2003-25 SWA GEN. FILE: WATER AVAILABILITY, 2003 ,„oce v NCO. Dear Mr. Ray: This letter is in response to a Tentative Parcel Map for the subject property, within Sweetwater Authority's (Authority) service area. There is a 6-inch water main located on the north side of E. 18th Street. The Authority's records indicate that there is one existing 2-inch water service to this property. Enclosed is a copy of 1/4 SEC.. 133 map, which shows the existing water facilities. The Authority will not permit separate water services for this size of a project. At this time, we cannot comment on the wiequecy of the existing systrn to provide fire protection for this project. As plans develop for structures, the owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Steve Ray Re: Water Availability — 1306 E. 18t" Street, National City October 14, 2003 Page 2 of 2 If the owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 69 p.s.i. to a minimum of 59 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: photocopy of 1/4 SEC. 133 map Pc: National City Fire Department 333 E. 16th Street National City, CA 91950 Westone Management Consultants 294 Chambers Street, Suite 44 El Cajon, CA 92020 Mitchel and Zora McDonald 8080 La Mesa Boulevard, Suite 201 La Mesa, CA 91941 I:\engr\Gen\W ater Availa bility11306e 18th.doc Every reasonable effort has been made to assure the accuracy of this map. However, neither the SanGIS participants nor San Diego Data Processing Corporation assume any liability arising from its use. THIS MAP IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROPRIETARY INFORMATION: The use of this information is pursuant to sublicense agreement only. Any resale or relicensing of this Information is prohibited, except in accordance with such sublicensing agreements. Subject Property: 1306 E. 18th St. National City 1/4 SEC. 133 SCALE: 1 INCH = 200 FEET TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. S 2003-6 / CUP 2003-25 Project Location: 1306 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 a 36-unit apartment building (Le National) to condominiums at 1306 E. 18th Street. Applicant Name & Address: Westone Management Consultants 710 Camino de la Reina Suite 129 San Diego, CA 92108 Telephone Number: 619-299-9195 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 32, Section 15332 (In -Fill Development Projects) n Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) 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 Recycled Paper 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 Case Number PLEASE DO i4OT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ciNLY S- 74.703—(9 Filing Fee $ 13 Receipt No. Date Received R By E.A.F. Require¢ ' ! • Fee $ . Related Cases j GAP- 2ca3 — .25 SEE FILING INSTRUCTIONS AND CHARTER 17 OF THE NATIONAL,CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. CJi/J j - 21 Q - j l-� - 00 PROPERTY LOCATION I' (p Eas+ 1$ 4-h 5{-reP + I'Vokion l CA: �-�+, 04 9)9 60-I COMBINED GENERAL PLAN/ZONING DESIGNATION 1-1 20 Tentative Parcel/Subdivision Map Application Revised December, 1998 Page l of 3 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: vJE-AsiemP Achnacy motC L j ame: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 294 D 1 caWriSu►-%e4t4 Address: N `Pc tE 1 C.t crn , GW g7c2.6 Phone No. (alcc-5135 4-643 Fax No. IDlot - 459 Date: Phone No. NIIA Fax No. NfPr Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Hiking! nel J . r1M t>nockici Name: 2.. a�c 4 N�c Darn a-1 d Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: c b 1-0.l xtj3,16. ttr2o( Address: C' Phone No. bri 41e4-`S30O Fax No. le19- LI0V:30 Date: C Phone No. Fax No. Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 APPLICANT Name: \.)Q 5Y1P. AIM C.Y1M'kt)11-ailAk (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: '2- C V Y\?.Xl `3 QJ - . S ut P Li y El Can , CP 470217 Phone No. - Fax No. (Q1q. - 5'6$- c-{Cjq `} Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page3of3 NATIONAL CITY, CALIFORNIA APPLICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number GU e 2490 3 — �✓� Filing Fee $13Z$ Recei t Date Received *21 D 3 By E.A.F. Required Fee $ Related Cases c ` 2O 3 — Go LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) S fie, Eck PROPERTY LOCATION 136 to No. Ec tg��n �i-a-e.efi between Ill (} V 2 and L UV — Street COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Illikr,r C 1 3 . ZprA mC andk1 Name: / K} Signature Signature r\J (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: tte LjulkwIbtucA. * 201 Address: N I 1.� Alltoot, al 91941 Phone No. (a1OI _ L (04- $gyp Fax No. (Q(OI • 4(0i -060-D Date: Phone No. j+�( VI Fax No. N Date: N J Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 Address: APPLICANT Name: Orokr 142, linGtX\09e..01PA Co ntuA-I-an{-5 (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). 2.g4 Chambol5 SA-. iui:he J4L4 El a:Fr) l cY1 42021) Phone No. Fax No. Date: (Dig- L4 3 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 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 f - S ' 8563 ORDER NO 40017371-40 EXHIBIT "A° PARCEL 1: ALL THAT PORTION OF THE WESTERLY HALF OF THE NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 133 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING •TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF 18Ta STREET, DISTANT THEREON SOUTH 71° 13' 00" WEST, 60.00 FEET FROM THE NORTHWESTERLY CORNER OF LOT 24 OF WINNETKA TERRACE NO. 2, ACCORDIN G TO THE MAP THEREOF NO. 1601, FILED IN THE OFFICE rOF THE COUNTY RECORDER OF " SAN DIEGO " COUNTY; "SEPTEMBER 29, 1913; THENCE SOUTH 18° 30' 00" EAST ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF LOTS 24, 23 AND 22 OF SAID WINNETKA TERRACE NO. 2, A DISTANCE OF 150.00 FEET TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY' LINE OF SAID LOT 22; THENCE SOUTH 710 13' 00" WEST ALONG SAID WESTERLY PROLONGATION OF SAID SOUTHERLY LINE 60.0-0 FEET; THENCE NORTH 180 30' 00" WEST ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF THE AFORESAID LOTS TO A POINT ON THE SOUTHERLY LINE OF 18TH STREET; THENCE NORTH 71° 13' 00" EAST ALONG SAID SOUTHERLY LINE OF 1812 STREET, 60.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE WESTERLY HALF OF THE NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER OF 40 ACRE LOT 1 OF QUARTER SECTION 133 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRILL, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: -3- YYY prop: 561-210-34 -A- - SD:2000 00650950 02/11/2003 03:13 PM 2 of 3 8564 ORDER NO 40017371-40 BEGINNING AT A POINT IN THE SOUTHERLY LINE OF 18TH STREET, DISTANT THEREON SOUTH 71° 13' 00" WEST, 120.00 FEET FROM THE NORTHWESTERLY CORNER OF LOT 24 INWINNETKA TERRACE NO. 2, ACCORDING TO MAP THEREOF NO. 1601, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 29, 1913, BEING THE NORTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO CHARLES WALLMAN AND WIFE, RECORDED JUNE 7, 1941 AS FILE/PAGE NO. 32816 IN BOOK 1178 PAGE 490 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID WALLMAN'S LAND SOUTH 18° 30' 00" EAST, 150.00 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 22 OF SAID WINNETKA TERRACE NO. 2-; THENCE ALONG SAID WESTERLY PROLONGATION NORTH 71° 13' 00" EAST, 90.00 FEET TO THE WESTERLY LINE OF THE EASTERLY 25.00 FEET OF SAID WESTERLY HALF OF THE NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER; THENCE ALON,.-.SAID WESTERLY LINE .OF THE EASTERLY 25.00 FEET SOUTH 180 30' 00" EAST, 140.00 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWESTERLY CORNER OF SAID NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER; THENCE' NORTHERLY ALONG THE WESTERLY LINE OF SAID NORTHEASTERLY QUARTER OF THESOUTHWESTERLY QUARTER 290.00 FEET, MORE OR LESS TO SAID SOUTHERLY LINE OF 18Tx STREET; THENCE ALONG SAID SOUTHERLY LINE NORTH 71° 13' 00" EAST TO THE POINT OF BEGINNING. -4- \ YYY prop: 561-210-34 -A- - SD:2000 00650950 02/11/2003 03:13 PM 3 of 4 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 36 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. 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. 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 36 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 PROJECS 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 36 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 1306 E. 8th Street, including 36 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 2003-06 / CUP 2003-25, November 3, 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 Control Report shall be implemented prior to release of any unit for sale including, but not limited to the: interior painting including the ceiling, new kitchen, new appliance, new interior doors, new window coverings, new carpet and floor tile, new bathroom, new lighting, new door hardware and baseboard and crown molding as well as new hot water heaters. The areas of the buildings that were determined by Pest Control Report to have drywood termites shall be eradicated. The units shall also be equipped with smoke detectors. The building shall be repaired as necessary, including the painting of exterior buildings, replacement of the exterior patio, new perimeter fencing and repair to the trash enclosure. The entire asphalt paved driveway and parking lot shall be repaired, seal -coated and re -striped. 4. The individual garage doors shall be repaired or replaced. 5. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey to ensure the improvement for the project site are complete and shall be subject to review and approval by the City Attorney. 6. The Covenants, Conditions and Restrictions (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 (CC&R's), 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. Prior to the units being sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. 9. Street improvements shall be in accordance with City Standards. All missing street improvements (110-feet of gutter) shall be constructed. In addition, the deteriorated portions of the existing street improvements (5-feet of curb) along the property frontage shall be removed and replaced. 10. 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. 11. 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. 12. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 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. Le National Apartments (1306 East 18" Apartments) 1306 East 18th Street National City, California 91950 Project Description The project consists of 36 apartment rental units of which 13 units are one bedroom and one bathroom, 22 units which are two bedrooms and one bathroom, and 1 studio apartment. The project was developed between 1968 and 1969 and consists of 3 two-story garden type apartment buildings. The property has tucked under parking garages that can accommodate 15 vehicles as well as 24 asphalt surfaced parking spaces. Once converted to condominiums the project will be completely renovated as follows: Required Renovations Paint exterior of buildings Replace patio surrounding Enhance landscaping & fence Re -construct covered trash area Re -surface & re -strip parking area Recommended Short Term and Intermediate Term Repairs Complete paint & ceiling Complete new kitchen New Appliances New interior doors New window coverings New window replacements (as needed) New carpet & floor tile Complete new Bathroom New lighting package & ceiling fans New door hardware 6" baseboard & crown moldings Note: Further information on the property can be found in the Physical Elements Report, (All repairs and renovations will be satisfied according to the recommendations made in the Physical Elements Report). ]CEP/HUANG CONSULTING ENGINEERS, INC. 217 Via Lara Tel: 805-375-6292 Fax: 805-375-8292 Newbury Park, CA 91320 e mail: jcep.huang@adelphia.net Memorandum Date: August 10, 2005 To: Ms. Jari Jittanongsak Project Coordinator Westone Management Consultants 8799 Balboa Avenue, Suite 240 San Diego, California 92123 From: Johnny Huang JCEP/Huang Consulting Engineers, Inc. Re: PCA Report Le National Apartments 1306 East 18th Street National City, California 91950-4833 JCEP/Huang completed the above referenced report in February, 2003. After Planning Department of National City's review of the report, several comments were made. Our answers to the comments are listed below according to the sequence of the comments made by the Planning Department. 1. As required by Section 18.74.020, the physical elements report needs to include the following information: a. An estimate of remaining useful life of all building and site improvements analyzed in the report (i.e. foundation, roof, plumbing systems) Answer: The estimated remaining useful life (RUL) of building and site improvements is as follows: Item Year Constructed Estimated Useful Life Effective Age RUL Foundation 1968-1969 50 15 35 Framing 1968-1969 50 15 35 Roofing Unknown 20 17 3 Plumbing 1968-1969 50 15 35 Electrical 1968-1969 50 15 35 Pavement 1968-1969 30 25 5 Concrete walkway 1968-1969 50 20 . 30 d. Identification of characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction. Answer: The apartments appeared to be in conformance with the codes in effect at the time of construction. We checked with the Buildings Department by phone at the time of preparing the PCA. No outstanding building or fire code violations were noted. e. A note in the report that smoke detectors shall be provided in individual units, as well as for other on -site protection systems maintained by the homeowners association. Answer: It was noted in the report that each dwelling unit is equipped with smoke detector and the apartment buildings are fitted with wall hung fire extinguishers inspected and punched on the cards. 2. The project description includes a list of interior and exterior improvements proposed. Also, some of the immediate, short-term, and intermediate -term repairs recommended in the physical elements report are not listed in the project description. Answer: The proposed improvements are noted to be completed within 5 years (by February, 2008). But Management of the Apartment should obtain drawings and specifications for contractor(s) to perform the said improvement works. Should there be any questions regarding this project, please contact Huang at 805-375- 6292 or at jcep.huang@adelphia.net. Attachments: PCA Report dated February 2003 :!VVJPINK 1•sb 19 04 11:44a 0f '1ia Huang 89' 175-8292 p,4 19 FEB 2044 r N 4: 19 JCEPIHUANG CQNSULTMG ENGINEERS. INC 217 Via Lars Dos Vientns Ranch, CA 91320 TEL: 805-375-6292 FAX: 805-3754292 February 18, 2004 Mitchell J and Zora J McDonald c/o Westone Management Consultants Condominium Conversion Consultants 710 Camino de la Reina Suite 129 San Diego, California 92108 Attention: Lindsay Erickson Ref Addendum for Sound Transmission Classification (STC) and Insulation for Le National Apartments 1306 East 18th Street National City, San Diego County, California 91950-4833 Dcar Lindsay; As you requested, STC and Insulation for the referenced project are described as follows: Description: Wood framed residential buildings constructed in the 1960's usually feature: staggered stud walls with 4 to 6 inches air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly has a Sound Transmission Classification. (STC) of 59 as per Section 1.2.4.1.4.6 of the Owens Coming 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 held tested). The requirement for IIC ratings of separating floor/ceiling assemblies is 50 also (4$ if field tested). The actual assemblies of this apartment complex may have provided greater sound and impact attenuation than required by Code_ 02/19/2004 17:12 FAX C19 299 9197 Falb 19 04 11:44a WESTONE MNGT CONSULTANTS [dJ004/oo4 `1ia Huang 89/` 175-8292 P • 5 Observations/Comments: No architectural drawings were available for JCEP/Huang's review. But it is the standard practice for wood framed residential structures in the 1960's to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity walls. Such cavities can easily accommodate enough fiberglass insulations to attain code required sound proofing and weather insulation ratings. 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. Should there be any questions regarding the subject project, please contact Huang at 505- 375-6292 or e mail him at icep.huang(a?,adelphia.not. Sincere] y, 1 Job ny I Princip FEB-23-2004 MON 08:2 nM COUNTY WIDE ENV, FAX NO, 2687784(. P. 01 STANDARDNOTICE OF WORK COMPLETED AND NOT COMPLETED NOTICE - All recommendations may not have been completed. - See below • Recommendations rot ecmpieted. This form is •rescri:ec by the Stuctural Pest Control Board, with whom a copy must be filed by Company within 6 working days after completion of v ork .Jr let a contract. WILD. lir N0. 1308 THIS IS A NOTICE OF COMPLETION ONLY, NOT AN INSPECTION REPCRT. ••• CORRECTED COMPLETION ••• STREET, CITY, STATE, ZIP E. 18th Street, National City, CA, 91950 comma -WIDE Environmental &Rheas, dba 9292 Chesapeake Drive San Diego, CI 02123 Ph: (058) 288.0231 Fax: (858)268.7783 lair DATE of CCNPLf fa'T I I37 03/27/2003 J AFFIX STAMP TC BOARD COPY ONI REGISTRATION R PR 3561 REPORT a 979767 STAMP M ESCROW e Notice of Completion Sent to: aroperty Coney. 03/27/03 Padre Properties 8080 La Mesa Boulevard #201 La Mesa CA 91941 Allison 03/27/03 Mitch McDonald 1306 E. 18th Street National City CA 91950 Th`s is to certify that the following recommendations on the above designated property, as outlined it Wood Destroying -Pes.a and orpanisem Inspection Report No. 979767 dated 12/18/2002 Stamp No. ormaniiss Inspection Report No. 901439 dated 03/27/2003 stamp No. - Or;antses Inspection Report No. dated Stsap 10. heve been end/or have not been completed. J RecoercMadons completed by this firm that are in accordance with the Structural Pest Control 3oardta Rules and Regulation : LA, 8A,10G Recommendations completed by this firm that ere considered secondary and substandard measures taxer Section 1992 of the Stn aural hot Cortrel SOM`s Rules and Regulations• 1B-1, 10A-1, 10B-1, 10C-1, 10D-1, 10E-:.,:OF-1, 10H-1 Peron requesting secondary measure: OWNER cost: a 5C98.00 inspection Fee, S 0.00 Other: $ C.00 Total: $ 5J98.00 teccmmendations not completed by this firm, NONE Estimated Cott $ I erarks: THIS IS TO CERTIFY THAT THE STRUCTURE DESCRIBED HEREIN IS NOW FREE OF ACTI/E INFECTIONS AND INFESTATIONS IN VISIBLE AND ACCESSIBLE AREAS ONLY. - NOW THAT WE ARE FAMILIAR WITH YOUR HOME WE THOUGHT YOU MIGHT FFE INTEREST 'sD _ IN A LOW COST ANNUAL CONTROL SER'IICE AGREEMENT. WE WOULD LIKE TO CONTINUE .'O SERV:.CH YOUR HOME TO HELP YOU STAY PEST FREE. PLEASE CALL CUR. OFFICE F>R MORE INFORMATION, Signature I'OTC: Ouestiens or problems ceneerninp the above report should be directed tm the manager of the tompeny, IJni•solved questions or prootems rit.i cervices perfonnad may be directed to the Structural Peet Congol Beard et 1016) 561-9708, or 1800) 737.8188. r +aaeneanl:i+le2roob•t•i,neoh ompoioeeroTlhnSorurenedt Po••mpCleotniotrnonotgiceerde1n4t1h8s porowoerAe.l,eSw.ith8t,hSaBcoaamrdedno,r,cilhife0pnoem8i2tw24.gar• upon DEC-27-2002 FRi 07:49 AN COUNTY WIDE ENV, FAX NO, 2687784 9292 Chesapeake Drive San Diego, CA 92123 COUNTY_ WIDE Ph: (858) 288-0231 Environments; SsMcy, dba Fax: (058) 268.7783 WORK AUTHORIZATION CONTRACT Address of Property; 1306E, 18th Street National City, CA. 91980 Inspection Date : 12/18/7402 Te cnti t:o Report # : 979767 State Stamp #: Title Co. & Escrow #: SECTION I 1BpR0SEAT, ENTIREDrSTRUCTUREO1AND FUMIGATE. 18 IN LIEUB OF10FUMIGATION,ILOCALITREATlINFESTATIONS OF DRYWOOD TERMITES. 100 Tr:3:AT SOIL FOR SUBTERANEPN TERMITES. NEITHER SECTION I NOR IT 1A,8A INACCESSIBLE AREA, FURTHER INSPECTION RECOMMENDED. N'u AuiLmic; :ha F'ulluwins S.,�ur, I Laa.. is he Perlonnvd. lux' OC-3,1OD,110D-4. 10 10F,10E-6r10G,10H.10H- �'r2, P, 02 —TCA1 c $ 19,329.00 $ 4,208.00 $ 395.00 OWNER TO CORRECT We Autboris. Ihs Following We Aulhofl the Following Ssd.oa 2 Items la be Performed. Items for Unknown Fwaher 1 nsPsahm. ProosCost Section 1: Proposed Cost Section 2: Proposed Cost Unknown F.I.: Inspection Fee: W/FUMIGATION: OR: W/LOCAL TREAT: SEE ABOVE $19724.00 $ 4603.00 1A.8A CU:TOMERINF ORMATION The total amount of this contract is due and payabt. upon completion of the work listed above unless otherwise :.peciffed. Only The work specified in the contract is being done at this time due to owners wishes. ANY WORK PERFORMED AOA.NST AN MISTING TITLE ESCROW WILL BE THE FINANCIAL RESPONSIBILITY 0 THE PARTY OROERINo THE INSPECTION REPORT, IN THE EVENT OF A CANCELLED TITLE ESCROW. Work completed (LABOR) by operator shall be suarenPmed fora period of one year from completion. Toilet plutbinl(parta supplied by this firm), showers, floors or any measures fo' the control of moisture are g.uranteed for (30) days only Chemfeot treats ore quarantrod for one year. Only the arum trcoted are guaranteed. Customer agrees to hold company harmless for any tlinage which may occur to Montt ifs, wiring, trees, vines, lets, the roofs, plumbing Leaks ?-or changes beyond Centro( of th. company which may occur Write the performance of this work. In case Of non•paymcnt by owner, reasonable attorneys fees and costs of collection shalt be paid by the owner. whothor twit be fitted or not_ All repairs performed by others must be re•Inapectet by OUR COMPANY before a CERTIFICATION will be Issued. we do net guarantee work eomploted by others. Any repairs completed by whirs must be guaranteed in writing and submitted to OUR COMPANY before e CERTIFICATION will be issued. I1 at the time of rebofrs the damage 1s found to be more extensive, a Supplmental report will be given along with a bid for any ct oorreet ions that maybe necessary. A re•inapectf on must be done within (4) months of the original inspection. Any refnspectIon that be performed for not more than the pricy of the orIgfno1 Inspection price. Alt two story building will be visually Inspected at the eeves unless probing is requested. 1 1i:wc Ratio This Contract And The Termite Repoli It Refer To. SIGNED WORK AUTHORIZATION CONTRACT MUST BE RECEIVED BEFORE WORK WILL BE SCIIEIUL,1:D. 1 have read and understand the terms of this work authorization contract And hereby agree to ail terms thereof, / APPROVED AND READ BY: DAB AOMPTED ~ , �'— 1 2 i 2.7d'Z COUNNrYY.WYDEE I NVIRONMENTAL SERVICES, dba Lr ING N0. , STATE, ZI 1306 E. 18th Street, National City, (:A, 91950 DEC-27-2002 FRI 07:49 AM COUNTY WIDE ENV, FAX NO. 2687784 WOOD DESTRS I ..iG PEST:3 AND ORGANISMS INSPEC t ION REPORT This Is an inspection report only •- not a Notice of Completion ADDREE•S OF PROPERTY INSPECTED 9292 Chealapesite Drive e• Star Diego, CA 83123 coUNTY- WIDE Ph: (808) 268-0231 Environmental eeMose, dbe Fax: (888) 288-7783 REGISTRATIONS PR 3561 RA" 37 P, 03 Affix strap here an Sorrd copy ont A LICENSED PEST CONTROL OPERATOR 16 .iN EXPERT IN HISIHER FIELD. AM QUESTIONS RELATIVE TO THIS REPORT SHOULD B! REFERRED TO HIM/HER. REPORT # 979767 STAMP e ESCROW ORDERED SY: REPORT SENT 10: PROPERTY OWNER: PARTY fN IRTERESTI Padre Properties 8080 La M lea Boulevard #201 La Mesa CA 91941 Allison 619-464-8300 Fax E 19.464.0800 Padre Properties 8080 La M isa Boulevard #201 La Mesa CA 91941 Allison 619-464-8300 Fax E 19-464-0800 Mitch McDonald 1306 E. lEth Street National City CA 91950 619-464-8300 ORIGINAL REPORT Q Lfru TED REPORT ® SUPPLEMENTAL REPORT Qa REINSPECTION REPORT Q • $Vtnjl Date GENERA; oEs041PT ION, Two-story wood frame thirty-six unit -24OON••-DUO art•<O N T N 0 p e C � o F w Mi e A 1 N P 0 T O N e p P❑ P1 A C n N T i R M 1 T a 0 Y o 0 a M T 8 C <]p Dp OCQZC III 0 rT-I n w O 0 P a $ G 0 M °w 0 O O T A M T a a a Fl rT w 0 0 0 N T A C T a arp,(ror np)7p -cirCD D1 O—DD•p •Opr[rr•p o 0 as 5 V X 0 e T U re e f I. i F L 5 apartment complex with flat roof and all stucco siding, INSPECTION TAG POSTED: Laundry room OTHER INSPECTION TAGS. None noted 1 Siy9STRUCTURE AREA Not inspected See 1A,18 ©©©nliming MINIS 2. STALL sHowee One piece Prefabricated pan MI1 IN 3. FOUNUArioN5 Above grade III MENEM EMI� all�� 4, PORCHES . STEPS Concrete IMMEIMI Mill 5. VENTILATION Not Inspected MI X MI NI iiii 6. ABUTMENTS None •II IMIII 7, ATTIC SPACES None in���• •�� 8. GARAGES Not inspected See 8A X ©©���� 9. DECKS -- PATIOS None III�� 10, OTHER INTERIOR Occupied/furnish/hvy t torage See10A-10H NI MEI 11. OTHER -- EXTERIOR Part access/heights/Olt sdeav III� DIAGRAM AND EXPLANATION OF FINDIP GS (This report is limited to structure or structures shown 011 d agram) ] 1OH 10E 10e 10A Inspected by Tim Garcia License No. FR-22107 Signature DIAORAN NOT TO SCALE z� NOTE: Ouue(ions or problems eoneernino the above report should be directed 10 the manager of the company, Unresolved qu•■tlone or problems Witt e•rviaee performed may be directed to the Structural Poet tlontrol Board it 1ei8) 661-8708, er (EOM737-8188. You ere entitled to obtain copies of all reports and complet on notices on tNe property tiled with the Board during the proceed)nq Iwo years upon payment of u S2.00 suarch (co to: The Structural Poet Co urol Board, 1418 Howe Ave.. Ste. 19, Sacramento, California 95828-:1204, 02/1U/2004 1':12 FAX 619 299 9197 Feb 19 04 11:44a WESTONE HNC CONSULTANTS 'lia Huang 8 175-8292 004/004 P.5 Observations/Comments: No architectural drawings were available for JCEP/Huang's review. But it is the standard practice for wood framed residential structures in the 1960's to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity walls. Such cavities can easily accommodate enough fiberglass insulations to attain code required sound proofing and weather insulation ratings. It is JCEP/Huang's opinion that the subject Aparunents is likely to have STC at 50 or more and insulation valve at R-19 or more. Should there be any questions regarding the subject project, please contact Huang at 805- 375.6292 or e mail him at icep.huang@adelpkia.nct. Sincerely, l �j )oh ny I Principa' FEB-23-2004 MON 08:2 °» COUNTY WIDE ENV. FAX NO. 2687784E P. 01 STANDARDIVOTICE OF WORK COMPLETED AND NOT COMPLETED NOTICE - All recommendations may not have been Completed. - See below • Recommendations rot ecmpleted. This form is tascri:ec by the Stuctural Pest Control Board, with whom a Copy must be filed by company within 6 working days after completion of v ork yr 1e: a contract. THIS IS A NOTICE OF COMPLETION ONLY, NOT AN INSPECTION REPCRT. • • • CORRECTED COMPLETION ••• 8UILO:NG N0. 1306 STAEET, CITY, STATE, ZIP E. 18th Street, National City, CA, 91950 9292 Chesapeake Drive -� --� Ian Diego, CL 92123 COUNTY— WIDE Pit: (898) 288-0231 Ellvirohmental eeMe.a, dbe Fault (088) 268.7203 HITY DA1'E of coli!LE ih- j37 03/27/2003 AFFIX STAMP TC BOARD COPY 0NI f REGISTRATION a PR 3561 EPORT 0 979767 STAMP N ESCROW If Notice of Completion Sent to: Property Caner: 03/27/03 Padre Properties 8080 La Mesa Boulevard #201 La Mesa CA 91941 Allison 03/27/03 Mitch McDonald 1306 E. 18th Street National City CA 91950 this it to certify that the following recommendations on the above designated property, ea outlined it Wood Destroying Pees and organisms Inspection Report No. 979787 dated 12/18/2002 , stamp No. Organises Inspection Report No. 981439 dated 03/27/2003 stamp No. Orsanisse Inspection Report No. dated Stamp No. heve been end/or have not been completed. J Reepanende':ions coeptsted by this fire, that are in accardence wish the Structural Pest Control Soard`s Rules and Regulattom LA,SA,10G Recdmnerdat ions completed by thin firm that ere Considered sacordary and substandard measures tinter Section 1992 of the Strt-.turol Pest Cortrcl Board's Rules and Regrulations: 18-1, 10A-1, 103-1, 10C-1,10D-1, 10E-:., _OF-i,10H-1 Person requesting secondary measure: OWNER coact 5c9e.00 Inspection Fee• S 0.00 Other: a 0.00 Total: s 5J98.00 te:cnmeriatione not completed by this firm: NONE Estimated Cat: S latent, THIS I3 TO CERTIFY THAT THE STRUCTURE DESCRIBED. HEREIN IS NOV PREE OF ACTIIE INFECTIONS AND INFESTATIONS IN VISIBLE AND ACCESSIBLE AREAS ONLY. NOW THAT WE ARE FAMILIAR WITH YOUR HOME WE THOUGHT LOU MIGHT BE INTEREST;D ::N A LOW COST ANNUAL CONTROL SERVICE AGREEMENT. WE WOULD LIKE TO CONTINUE .'Q SISRV;.CiE YOUR HOME TO HELP Y0U STAY PEST FREE. PLEASE CALL CUR OFFICE P'1R MORE INFORMATION. Signature 1'0TE: 0utsdons or problems contorting the above report should be directed to the menage, of the oompanv, IJmesolved question or problame 'it.t servicec performed maybe directed to the Structural Net Control Board et 1919) 081-8708, or 1000) 737-8180. oa a•e entitled to obtain oopiea of all reports and completion notices an this property riled with the Board during the pr1eending two years upon r ayment of s f,2,00 parch fee to: Tha Structural Pest Control eoetd, 1418 Howe Ave., Ste, 18, Sacramento, California Ots82-3204, '61) DEC-27-2002 FRI 07:49 AM COUNTY WIDE ENV, FAX NO, 2887784 P.•02 COUNTY- WIDE !11Vlronmental Services, dba 9292 Chesapeake Drive San Diego, CR 92123 Ph: (858) 268.0231 Fax:(858)268-7783 WORK AUTHORIZATION CONTRACT Address of Property : 1306 E, 18th Street Milieu! City, CA. 91990 Inspecr, I on Date : 12/18/3002 TeUl11ieo Report $; 979767 State Stamp #: Title Co. & Escrow #: SECTION I 1B,10SEA. ENTIRED STRUCTU EOFAND FUMIGATE. lOR / INA L±EUH OF1FUMIGATIION, 1LOCAL1TREA'TlINFESTATIONS OF t)RYWOOD TERMITES. 100 TREAT SOIL FOR SUSTERANEPN TERMITES. NEITHER SECTION I NOR II 1A,8A IIACCESSIBLE AREA, FURTHER INSPECTION RECOMMENDED. wv Autbwi.e :L- Fuiluwing Se tiun r Lne: tab,: Pertonnvd. b—�ICA,1 APPROVED AND READ BY: 1 10F,10E-6,1OG,10H,10 -7 -TGI c,J $ 19,329.00 $ 4,208.00 $ 395.00 OWNER TO CORRECT Wa AUNloria Ihv Following We Aulhudm the Following Suvi.oa 2 Iwo to be Pvrfurm,d. hums far Unknown Fv thvr I nsPvcth+n. Proposed Cost Section 1: SEE ABpvE Proposed Cost Section 2: Proposed Cost Unknown F.I.: SEE A@OVE Inspection Fee: W/FUMIGATION: $19724.00 OR: W/LOCAL TREAT: $ 4603.00 1A, 8A CU: T OMERIN FORMA T ION The total amount of this contract is due and peyablo upon completion of the work listed above unless otherwise :.pecitied. Only the work specified in the contract is being done at this time due to owners wishes. ANY WORK PERFORMED AOA.NST AN ExITSTING TITLE ESCROW WILL SE THE FINANCIAL RESPONSIBILITY 0. THE PARTY ORDERING THE INEPECTIat REPORT, IN THE EVENT OF A CANCELLED TITLE ESCROW. Work completed (LABOR) by operator Shall be guarant.td fore period of one year from completion. Toilet pluhbtnr(parts supplied by thlc firn), showers, floors or any measures fo• the Control of moisture are guaranteed for (30) days only. Chemical trouts ore guaranteed for one Year. Only the areas treated are guaranteed. Customer carers to hold company harmless for any damage which may occur to plantlife, wiring, trees, vines, lets, the roofs, plumbing lcoka,*or changes beyond control of th,• company which pay occur during the pertotmanee of this work. In case Of non-poymcrd by owner, reasonable attorney a foes and coats of collection shall be paid by the owner, whether tuft be filled or not. All repairs performed by ethers must be re•Inspecte by OUR COMPANY before a CERTIFICATION will be issued. We do net guarantee work completed by others. Any repairs completed by whets must be guaranteed In writing and outmldtad to OUR COMPANY before t CERTIFICATION will be issued. If at the tlmc of repairs the damage Is found to be more extensivo, a Supplmental report will be given along with A bid for any ct correetiens that maybe necessary. A re•inspection must be done within (4) months of tha original inspection. Any reinapection shall be performed for not more than the price of the original inspection price. Alt two crony building will be visually Inspected at the eaves unless probing is requested. 1 llnvu keau 'this Contract And The Termite Repot It Relen To. SIGNED WORK AUTHORUAT►ON CONTRAC1 MUST BE RECEIVED BEFORE WORK WILL BE SCHEI WL.ED. 1 have read Ind understand the terms of this work ,mthorizution contract and hereby agree to all terms (hereof, ,,iI(k DATE CO AmunsoEUF / T ! / i.71 UNTO WIDE ENVIRONMENTAL SERVICE dba DATE DEC-27-2002 FR I 07:49All COUNTY WIDE ENV, FAX NO, 2687784 P. 03 WOOD DESTR(f..,iG PEST:3 AND ORGANISMS INSPECT ION REPORT This is an Inspection report only -- not a Notice of Completion ADORE: $ OF PROPERTY INSPECTED STATE, ING NO. Sall" ?Pile:fiox 1306 E. 18th Street, National City, CA, 91950 37 12/18/02 COUNTY - WIDE eaVlronment l SIMou, dba REGISTRATION. R PR 3561 ORDERED Sr: REPORT SENT TO: PROPERTY OVNER: PARTY IN INTEREST: 9292 Chesapeake Drive San Diego, CA 92123 Ph: (888) 268-0231 Pax: (858) 268-7783 Affix stamp hen on hard copy onl A LICENSED PEST CONTROL OPERATOR IS .1N EXPERT IN HIS/HER PSELO. ANY QUESTIONS RELATIVE TO THIS REPORT SHOULD RE REFERRED TO HIM/HER. REPORT h 979767 ISTANP R ESCROW r Padre Properties 8080 La M ass Boulevard #201 La Mesa CA 91941 Allison 619.464.8300 Fax E 19-464.0800 Padre Properties 8080 La Moo Boulevard #201 La Mesa CA 91941 Allison 619.484.8300 Fax E 19-464-0800 Mitch McDonald 1306 E. 1 Eth Street National City CA 91950 619-464-8300 ORION/AL REPORT Q LIMITED REPORT ® SUPPLENEN74I. REPORT Qe REINSP5CTION REPORT Os lit/ sal bate GENERA: DESCRIPTION- Two-story wood frame thirty-six unit i NR A C C a a L A R 5 A 5 NIP T I B! P E c e C H A 1 ha p e T i O N SOP Y s R pi N . A T 5 R M 1 T E Y o O D T ■ M' T• a C N eau B D R O R 0 T o M n w O O o P a T o M w o O C T R M T e S a H t O O O 0 N T A C 5 P L Y O A g 1- MIMI Im-DO,o mmorcrrmn6 p C e 3 1 G M O e T V R O 1 rn .lnr n.tnr.nl apartment Complex with flat roof and all stucco siding. • INSPECTION TAG POSTED: Laundry room OTHER INSPeCT tom TAGS. None noted 1. SQbSTRUCTURE AREA Not Inspected See 1A,1 EINIKIIIIIMINIIMI 2. STALL SHOWER One piece Prefabricated pan ..MON ... 3. FOUNL'A TIONS Above grade IOU iii III� 4. PORCHES .STEPS Concrete ....... ... s. VENTILATION Not inspected X Min Mini 8. ABUTMENTS None ■ 7. ATTIC SPACES None IIII� 8. GARAGES Not inspected See 8A X X ©[♦[♦[♦� [♦[♦[♦ 9. OECKS — PATIOS None ■..■..■ .■■ 10. OTHER • INTT,RIOR Occupied/furnish/hVY t torage Seel OA-10H ■..111131111.•� Iiiiii iiiiii 11. OTHER -- EXTERIOR Part access/heights/cic sdeav DIAGRAM AND EXPLANATION OF FINDS GS CMS report is limited to structure or structures shown on d agram) SOE eA Inspected by Tim Garcia IA XOF 1OH License No, FR-22107 DIAGRAM MDT TO SCRLI? Signature NOTE: Ou9etinn9 or problems concerning the above wort should be dlnctsd to the manager of the esmpen . Unresolved queasier.. or problems wit' service performed may be directed to The Structural Peat 0:ontrol Board et 10101 601.9708, or (800) 737-8188, You ere entitled to obtain copies of all sports and compl.t on notice on this property filed with the Board during the preaeadin i we years upon payment of a S2.00 search fc. to: The Structural Past Co iuol Board, 1418 Howe Ave., Sta. 19, Seoramento, California 95825,1204. 2nd DEC-27-2002 FRI 07:49 AM COUNTY WiDE ENV, FAX N0, 2687784 PACE OF STA .RD INSPEC"ION REPORT ON PROPERTY AT: P. 04 1306 E. 18th Street, National City, CA, 91950 BUILDING NO. STREET, CITY, STATE, 2IP 11/19/0p 97975) INSPECTION DATE REPORT NO. Ihtnk you for selecting County -Wide Envirorvrc,:tat Services, Inc. to perform a structural pest control Inspection on your property. Please read and became familiar wi tl the contents of this report. Items in this report damage as a result of wood dostroyin➢ pests aid organises and adverse cortditi�xu derignne to bring tho dwelling into esfstfn➢ rode a whichormat lsergding dial NIna to eliminate obtained from the local building deportment, rn additional r Any additional Information regarding t inspection ad 4 not costs if applicable. Painting and r'included y lud d unle s otherwise work It d in to • tg rag +mum will have to be primer not included unless otherwise stets( in our report. l tat retort and addi ti one& A Wood destroying pest S organism Inspection report co tBins findings as to the presence ot afyence of evfc once of ueotl destroying insects or organisem in visible ant accessible areas on the n correcting any infestations, infections, or crnditions found, The contents of the report ore governed inspection and Can[aint our fKmlMfld■tl IXle fa' rerm by orte registered by the structural pest ca trol Oct and its rules S regulations. Notice: N ice Report Peet { s structures rem pretird However, various reitrcoonieniorrshshould t tdeetill lrfe � e flydt, t (I.e. termite Infestations, termmfteTs se this ■tructaa eet. opinion Irec another company. (nee Bay vary Irma eenpany to et damage, fleeka damage, etc. company. You have the right to seek a second This property was not Inspected for the presence or absents of health related molds or flag(. If you NT3h your property to ! inspected for mold or mold Mt conditions, Flease Contact the appropriate mold professional. Sena strueruros may not comply with building code requirements or may have structural conditioning, or other defects that do not pertain to wood destroying organises. A wood destroying report does not contain inforamtl0n about any. Dllmbinp, electrical, heating and air the Company issuing this report, such defects as they are not within the scope°y na Lpestic. i organism inetxctioY of -tee lteense of the Irapeetor v Inaeees&Ib(e areas: the Structural Pest Control Act requires inspection of only those areas which are vltlale and accessible the time of Snspettfon. Certain area■ of the structure are considered inaccessible erfes end ere I secanwithout Phyefeally removing the building ;entente, furniture, appliencee, fixture! and floor aceocihlt wood work incttdfn9 floors, fearit mprec[i ceilings, for i built- t work or owner finished elements floors. of ehtgettrycture andsuchwetl,ot dens. W or cove •leis to axPpg�, a,r caving, wrkormooing, trim or other finished Umber, masonry. or plaster intowibuilt• w exterior caws that exhibitedxother fill signssuurfaces. The exterior eaves were inspected from th Cgor peeve into windows, eo py extc of this s that, we not Ins of Infestetiat, infection or damage from same ground lbw.. cribs of the bogy of this areas ors not do included inspect ryudri fences, or wadetacy andnoties or detached decks (unless will lreq feted). The In the SURFACE OF THE ROOF WILL NOT SE INSPECTED. IF YOU WANT THE WATER TIGgHTNESSeOF as THE° ROOF rOfTERMICN p,fYOum SH JLDT�TCTA RCOFINC CONTRACTOR lN0 IS LICENSED SY THE CONTtACTOR'S STATE LICENSE BOARD. Guarantee: Al: work performed Is guaranteed fir a period of one (1) year from date of completion, and can lie reins four (4) months from the date of completion, -f requested, at no more than the original inspection o, of the original inspection. Our guarantee is l mined to fuaigetlon, treatment and/or repair.petted wit guarantee wit, be ■ Ptd five in effect at the tfi,e euLr guarantee wit. Environmental in this report or In a separate agreement. Guarantee on fmigation s limitelttoaorefum gatf.H, only. Count .0 de on1Aental Services e,nnot ,u,,,t responsibility for expanses such as food ternire. not deemed necessary. Al stated f., the original fumigation notice, we cannot assume ' litytnfo ate„ if a properly prepared for the ...Imitator on. Retumigation faits under the original any iodb does not er txt o the period of INC original guarantee. Any gum'ante& of Certification is on visible, accessible and�inpmand e,ted areas °onlySe14 con give no .orranty or guarantee, implied or expressed, on any work NOT completed by Covtty-Wide Bnvlraeental Services. A Homeowner Protection Policy/Controt Service Ag cement is available after the first year warranty expire& at a minimuu cost p.e yet" and inclJdes a complete inapcciton annual y. Please contact the office far further details.. SEC•ION 8513 ...der the California Mechanics L en Law any structural pest control company which contracts ,o do work for ya , any contractor, subcontractor, laborer, suppli •r or other person who help& to improve your property, or tor work cr supplies, has a right to enfo-ce a claim against your property, material suppl'ers are required to provide you with a P re mt certain ice." claimants uco tr,crors a Io orpaid for atr for woos& do -ot have to provide this notice A preliminary document not fmfner notify you of Y Notice." era Prime cant rm Clara and laboran persons ,to may have a right to .Ile a lien againstyour r 't lien against your property. Its purpose is io property If they are not paid. "Store taw 'ocaires the; you be given [he fi l(owino information: CAUTION- PESTICIDES ARE TOXIC cN!MICAIS. Structural Peet Control Operat.rs are licensed and re➢uleted ly the Structural Pest Control eoard, and apply pesticides which are registered and approved'sr uaeyby the California Department of Food and Agriculture and the United States Enviroremtnal Protection Agency. Registration is granted waen the state finds that based on existing scientific evidence there are nc appreciable risks If prepor use conditions are followed or that the risks are outweighed by the .heneffts. The degree of risk degree of exposure, so exposure should be mirimfaed.H elf within 24 hour■ following application sIml,Or to eoscton seasonal flln0tt daperWs upon tie control to co,r n immediately." fi For further eolu,ctconta ( your followings or poison ' you &ter our pest control ran reel eh control carter and your 615) Agrieuiturc Cera.Lrh getfens • INC San Diego County Health Department 6 9) 33 -22 , f r application Services-thounty Avenue, Sacra* olri (619) 694-2739, and for regulator information C 1S) uctura22, for ontrolaBoar -the County .o, CA 95825, (916) 263-2533 Pclson control (619) 543.6000, the Structural Peet Control Board et 1418 Mows At t'ers Cou^;y•wide may find it necessary tc use a subcontractor for the purposes of fumigation. In chit instance you ui.. pe provited with :he appropriate emergercy numbers for the subcontracted fumigation company (see the Occupants Notice al F :GAtfar). wtlt::L: iXE GaRGE FOR SERVICE THAT T FOR :RRANGINc -AO ADMIeI SERVICE THAT THISI SERVICES SUBCONTRACTS TO ANOTHER PERSCA DR ENTITY MAY INCLUDE THE CJMPANT'S C SUE :v T ANG(4G, )OU NAy ACCEPT CSUCHy•EtVICEE'S T ARE IN ADDITION TO THE DIRECT COSTS ASSOCIATED WITH PAYIN: THE CHARGES PERF_,7,y fee WORK IF YOU CHOOSE TO CONTRACT OIIRBCOTLYYWITH ANOOU MAY TNERAREGISTERED CT YCCWPANY, COUNTY wITN ANOTHER -WIDE EWIILL CNOTAle ANTE WAY OEEO REiRetSIELE FOR ANY ACT OR OMMISSIOW IN THE PERFORMANCE OF WORK THAT YOU DIRECTLY CONTRACT WITH ANOTHER TO PSRFORM- NIPCRrS ON THts STRUCTURE PREPARED SY VARIOUS RTGISTEaED COMPANIES SHOULD LIST THE SAME FINDINGS (i.o. TERMITE INFESTATIONS, TERM:1m DAMAGE, FUNGUS DAMAGE, ETC.), HOWEVER, RECOMMENDATIONS TO CORRECT THESE FINDINGS MAY VARY FROM COMPANY TO COMPANY. TNERSnORE, y01. HAVE A RIGHT TO SEEK A SECOND )PINION FROM ANOTHER CCMPANI% County -wide has a tong hlstOry of cegsetltive p`fcing. We will meet Or beat any legitimate price from any a:her reputable term s company registered with the state of Ca.ifornia. Pricing is subject to verification and approval of :he branch munascr. COUNTYWIDE ENVIRONMENTAL SERVICES, dba —• License No. PR 3561 DEC-27-2002 FRI 07:50 AM COUNTY WIDE ENV, 3rd PAGE Of STL. ARD LNSPECI1ON REPORT ON PROPERTY AT: FAX NO, 2687784 P. 05 f 1306 E. 18th Street, National City, CA, 91950 12/18/02. 979767 BUIl01NG NO. STREET, CITY, ST.ITE, ZIP INSPECTION OATS REWNT No. NOTATION: This is a separated report which is defined as Section ]/Section II perdition evident or. the date of inspection. Section I oantaims items where there is evidence of active infestation, infection or condition that have resulted in or frcnlinfestatien or infection. Section II items are conditions deemed likely to lead to infestation or infection but there no visible evidence of auce was found. NOTATION CNLy• Adjacent fences on property were not inspected at this time. The interior was furnisYed and occupied or vacant with floor oovexxir>gs at the time of our inspection. Since no authorization has been granted to move furniture, rugs or carpeting, an inspection of theseareas is not acrlsidered practical and is therefore not included in this rrr..,el„ This inspection is limited to visible and accessible areas only. meTATlcte[NIX: The eaves of the structure are inacceeeible for inspection due co the bored in eaves construction. No visible signs of problees were noted at this time. No r_ocramendatirns are me . NOTATION ONLY: Water stains were noted at tedrean ceiling #11, #27 and at kitchen ceiling 430. No toisture was noted at the time of this inspection. If the owner/agent feels there may be a leakage problem in the present or future, we recamerd they contact the appropriate licensed contractor. erl?T.TTCN ONLY,: Mildew stains were noted at window above tub #8, above tub yS and at tub tiles #32. No moisture was noted at the time of this inspection. If the owner/agent feels there may be a leakage problem in the present or future, we :eocerrend they contact the appropriate Licensed contractor. 1z7PATIC,N Mee: DRYWALL ?Altef NOTED AT TUB OF UNIT #6. SUBSTRUCTURE AREAS: Item 1A: FINDING: Inaccessible arras noted at sub -area as indicated by 11, on the diagram. IL•S LIATICN: Area to be made accessible for further inspection by owner/agent unless � �otherwise directed. ****** erreceeen Further Inspection Re •rmlbded ****** Item 18: FINDING: Evidence of Kalotern s (drywood termites) indicated by 1B on the diagram locateai at vent frame. RE: Seal the entire structure and fumigate with a lethal gas used for the eradication of Kalotereess (drywood termites). Fumigants to be used are chloropicrin arx! sulfuryl floride (V:ikane). Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** Recuunerdation 1D-1: In lieu of fumigation aril at the request and approval of all parties concerned, the following secondary substandard recamnndation is rude in accordance with Section :992, which may control the active and visible infestations in the acceaaible areas. Chemically treat local dxyos>od termite infested timbers using a state registered and approved chemical in the accessible areas es marked by 113 on the diagram. Guarantee line.ted to treated areas only. Chemical to be used is TIM-DOR whose active inczedient ie diseditrm cctaborate tetrahydrate-98% (Na2-E8-013-4H20), and inert ingredient contains 2% I-KO-absorbed moisture and/or Intern active ircredient Chiorpyrifos (0,0-Diethie 0-(3,5,6-Ttechloro-2-Pyridyl) Phosphorothicate EPA Regulation No. 499.413 . Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** COUNTY -WIDE EN /IRONMENTAL SERVICES, dba —• Lleense No. PR 3561 DEC-27-2002 FRI 07:50 AM COUNTY WIDE ENV. FAX NO. 2687784 P. 06 4th PAGEOFST .RD INSPEC11oN REPORT ON PROPERTY AT: l 1306 E. 18th Street, National City, CA, 91950 12/18/02 979767 BUILDING NO. STREET, CITY, ST,.TE, ZIP INSPECTION DATE REPORT NO. GARAGES: Item BA: MUM: Inaccessible areas noted at garages as indicated by 8A on the diagram. REoet eeTION: Area tc be made accessible for further inspection by owner/agent unless otherwise directed. ****e* Unknown Further Inspection Reccmrerlded ****** OTHER - INTERIORS: Item 10A: FUNDING: Evidence of 1(aloterrnes (dryvood termites) indicated by 10A on the diagram located at kitchen window at units 4,11,22. : eea1 the entire structure and fumigate with a lethal gas used for the eradication of Kaloterwes (drimeai termites). Fumigants to be used are chlorppicrin and sulfuryl amide (vikane). Remove and/or mask accessible evidence. ****** This is a section 1 Item ****** RecoITTendation 10A-1: In lieu of fumigation ani at the reqeest and approval of all parties concerned, the following secondary substandard reamtendation is made in accordance with Section 1992, which nay control the active and visible infestations in the accessible areas. Chemically treat local dryuvod termite infested Limbers using a state registered and approved chenicrcl in the accessible arras as marked by 10A on the din. Guarantee limited to rreated areas only. Chemical to be used is 7714-BOR whose active ingredient is diecdium octaborate tetrahydrate-98% (Na2-B8-013-95120), and inert ingredient contains 2% Hr0-absoriled moisture and/or Intern active in redient Chlorpyrifos (0,0-Diethyi 0-(3,5,6-Trichloro-2-Pyridyl) Phosphrarothioate EPA Regulation No. 499-413 . Reecve and/or mask accessible evidence. ****** This is a Se mi= 1 Item ****** Item 10B, FIDIDIIQN: Evidence of Kalotermes (dryHwd termites) indicated by 10B on the diagram located at back wall of bedrenm #5. RECCheeN TICK: Seal the entire structure and fumigate with a let:Tal gas used for the eradication of 1(alotermes (drywocd termites). FLrnigants to be used are chloropicrin ani sulfuryl floride (V.ikane). Remove and/or mask accessible evidence, ****** This is a Section 1 Item ****** Recommendation 10B-2: In lieu of fueigatiog ant at the request and approval of all parties concerned, the followings in accordance with Section :.992,substandard oont )l�tive ism Visible infestations in the accessible areas. Chemically treat local drywcod termite infested timbers using a state registered and approved chemical in the accessible areas as marked by 10B on the diagram. Guarantee lin tad to treated areas only. Chert.cal to be used is TIM-BOR whose active irlclredient is discdium octaborate tetrahydrate-98% (Na:-98-013-4B20), and inert ingredient contains 2% PL0-absocLed moisture and/or Intern active ingredient Chlorpyrifos (0,0-Diethy: 0-(3,5,6-Trichloro-2-Pyridyl) Phosphorothicate EPA R bulaI.ion No. 499-413 . Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** Item _0c: EgeeleG: Evidence of Kalctermes (dryluod termites) indicated by 10C on the diagram located ac kitchen ceiling unit #18. 1�u t�+TICN: Seal the entire structure and f•.mi.gete with a lethal gas used for the eradication of Kalotermes (dtywocd termites). Fumigants to be used are chloropicrin an: sulfuryl flnride (v:karle). Remove and/cr mask accessible evidence. ****** This is a Section 1 Item ****** etueeems. COUNTY -WIDE EN' !IRON IENTAL SERVICES, des -•• License Nu. PR 3561 DEC-27-2002 FRI 07:51 AN COUNTY WIDE ENV. FAX NO, 2687784 P. 07 5th PAGE OF ST.4, AD INSPECT ION REPORT ON PROPERTY .4T: 1306 E. 18th Street, National City, CA, 91950 12/18/02 979767 eLIICINC NO. STREET, CITY, ST,.TE, ZIP INSPECTION SATE REPORT NO. OTIIER INTERIORS: Recrxmendation 10C-3: In lieu of fumigation and at the request and approval of all parties concerned, the followirr secondary substandard recammendation is made in accordance with Section 1992, which may control the active and visible infestations in the accessible areas. Chemically treat local dzywec* termite infested timbers using a state registered and approved chemical in the accessible areas as marked by 10C on the diagram, CUarantee limited to created areas only. Chan ical to be used is TIM-BIOR whose active ingredient is diseditm octaborate tetrahydrate-9$% (Na2-138-013-4H20), and inert ingredient contains 2% I20-absorbed moisture and/or Intern active ingredient ChLorpyrifos (0,0-Diethyl 0-(3,5,6-Trichloro-2-Pyridyl) Phosphorochioate EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. This is a Section 1 Item ****** Item 10D: FWDING: Evidence of Kalctexm s (dx}+wood termites) indicated by 100 on the diagram located at corner bedroan, unit #26. RE ATICN: Seal the entire structure and fumigate with a lethal gas used for the eradication of Kalotermes (drylnvod termites). Fumigants to be used are chlornpicrin and sulfuryl floride (Vikane) . Remove arlyd/ar mask accessible evidence. ****** This is a Serticn 1 Item ****** Recommendation 100-4: In lieu of fumigation an at the request and approval of all parties concerned, the following seoandary substandard reoamlerxiaticn is Imde in accordance with Section t992, which may control the active and visible infestations in the accessible areas. Chemically treat local dzywtxod termite infested timbers using a state registered and approved chemical in the accessible areas as marked by 10D on the diagram. Guarantee limited to treated areas only. Chemical to be used is TIM-BOR whose active ingredient is disodium octaborate tetrahydrate-98% (Na2-B8-013-4H20), and inert ingredient contains 2% Ii:0-absorbed moisture and/or Intern active ingredient chk rpyrifos (0,0'•Diethy. 0-(3,5,6-Trichloro-2-2yridyl) Phosphorothioate EPA Regulation No. 499-413 . Remove and/or mak accessible evidence. ****** This is a Section 1 Item ****** Item 10E: FINDING: Evidence of ]ralotermes (dry cod termites) indicated by 10E our the diagram located at kitchen ceiling, wall, living roan (t.lpboaxds) teat #27. RTrY TFNnamraa: aaa1 the entire structure and fumigate with a lethal gas used for the eradication Qf Kalotermes (drywood termites). Fumigants to be used are chlor>7picrin arxi suifuryl floride (V:Lkane). Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** Recce i, ndatiorl 10E;-5: In lieu of fumigation arx( at the request and approval of all parties concerned, the following secondary substandard recormerdation is rude in accordance with Section :.992, which may control the active and visible infestations in the accessible areas. Chemically treat local drywcai termite infested timbers using a state registered and approved chemical in the accessible areas as mtrkcd by 10E on the diagram. Guarantee lim ted to treated areas only. Chern cal to be used is TIN-ROR whose active irxrredient is discdiun octaborate tetrahydrate-98% (Na2-B8-013-41120), and inert ingredient contains 2% 10 0-absorbed moisture and/or Intern active irr redient C:hiorpyrifos (0,0-Diethy: 0-(3,5,6-Trichloro-2-Pyridyl) Phoephorothicate EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** COUNTYWIDE EN'/IRONMENTAL SERVICES, dba — License No. PR 3361 DEC-27-2002 FRI 07:51 AN COUNTY 1.11Ds ENV. FAX NO. 2887784 (( P. 08 6Ih PAGE OF St,. ARD INSPECTION REPORT ON PROPERTY. AT: F 1306 E. 18rh Street, National City, CA, 91950 12/18/02 979767 BUILDING NO. STREET, CITY, STITE, 21P INSPECTION D.ITE REPORT NO. OTIIER - INT'IiR10RS: Item 10l•: FENDING Evidence of Kalotermes diagram located at entry door mb termites) indicated by 1OF on the jamb unit #29. NICE: Gee] the entire structure and fumigate with a lethal gas used for the eradication, of Kalotermes (dzyLood termites). F mi used are chloropicrin az-.1 sulfuryl floride (khans) , Remove pants to be accessible evidence. and/or manic ****** This is a -Section 1 Item ****** Recommendation 10E-6: In lieu of fumigation ant at the request and approval of all parties concerned, the following seoonda y substandard recomendation is Wade in accordance with Section 1992, which may control the active and visible infestations in the accessible areas. Chemically treat local infested timbers using a state registered and chemical termite accessible areas as marked by 10F t the diagram.aQ,za me limited to the treated areas only. Chemical to be used is TIM-BOR whose ee limited nto t is disodium octaborate tet 2-B -013- active Inert rahydratte-98& (Nat-HB-013-4HZ0), and i2lest irgredient contains 28 H20-absorbed moisture and/or Intern active imredient Chlorpyrifos (0,0-Diethyl 0-(3,5,6-' 'ichlom-2-Pyridyl) Phosphorothicate EPA Regulation * onNo. 499-413 . Remove and/or mask accessible evidence. This is a 3e:tion 1 Item Item 10G: FINDING: Evidence of suXerranean termite infestations originating from beneath4the slab as indicated by 10G on the diagram located at entry door of unit RECCtvninATIIN: Drill ve1tica-ly through slab where indicated and pressure treat soil beneath slab !or the control of subterranean termites. Fill drill holes with cement mortar. Remove accessible termite shelter tubes. C'emical to be used is Preludh (pernethrirl -3 (2, 2-din thylcyclopmputecazboxylate) (and/oor�e)[Rethly (Imidacloprid,1-[(6-Chlo:ro-3pyridinyl)rnethyl]-N-nitro-2- imidazolidizimine. This firm will not be raipons ble for possible damage to hidden pipes, conduits or ducts in the course of our work. **w*ww This is a Section 1 Item ****** Item 10H: FINDING: Evidence of Kal. termes diagram located at living aby"� termites) c) indicated by 10H •34 the g rcaTi cabinets and kitchen window of unit #14. �TICN: Seal the entire structure and fsnigate with a lethal gas used for the eradication of Helotertles (drysteod termites). Fumigants to be used are chloropicrin ant sulfuryl floride (vlkane). Remove and/or n sk accessible evidence. ****** This is a Section 1 Item ***www Recommendation 10H-7: In lieu of fumigation aric( ac the request and approval of all parties concerned, the following secondary substandard reoommendaticn is nude in accordance with Section :.992, which may Control the active and visible infestations in the accessible areas. Chanically treat local infested timbers using a statechemical termite accessible areas as markedregisteredn and em. approved chemical :e the treated areas only.Cheri bytoob on the IM-j am• se Guarantee limited rto t cal be used is TIM-13DR whose active irg:-edient is disodium octaborate tetrahydrate-984 (Na1-38-013-4H2O), and ;,Wert ingredient contains 2t H:0-absorbed moisture and/or Intern active itg;.edient Chlorgyrifos (0,0-Diethy: 0-(3,5,6-Trichloro-2-Pyridyl) Phosphorothionte EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. "'*** This is a Section 1 Item ****** COUNTY -WIDE ENVIRQNWENTAL SERVICES, the --- License No. PR 3561 /v h 1 OUARTLR 40 YAPI MALI SYRIAC[ yyyy■ N Nlf1 SECTION ill \ d CRL LOT NO. Ill rip pill 07 i1N1400,1iiilOy:411i ilea; ;1001;b! v t/ 1306 E. 18th Street, Tentative Map No. i I Rowe 01•42120 ORIWOR4 WORM .43233,.. Ws. Oilicw•Wor "es7o::•-•..zi1; SINS, 7.,:7/ : - J • 0 11110111iiIss 0C,OCID 30 !Cr, t. ' tit I 1306 E. 18th Street 11J444714 4 7 s s .47 ra 1361 c o o op_ _17 NATIONAL CITY PLANNING DEPT. EXHIBIT C CASE FILE NO. S-2003-6/CUP-2003-25 DATE: 9/2/2005 ▪ RT S ktiAmi TRUNK HT? r: NCR. :tuCC, HMS 3 *000 , IY! - 0 COC- Io CORNIACIOR 10 SWOT 01014/1211 CO MORROW 4111111. PROM OR OWLS= 311084/1* swississr • 11.1111401RI WWI 11101101211133 , WOW 111WL*MID • 11111,103131L011 ' 02121.1131170 NNW OPWW2331 OP AV101421,2 CO11/12UM2 • WNW 11• 111 01,134041247133 TO 111111231 WARM SOWS AIR 3113111113 O011112111 PRIWORSMOR 1111172 011111.214131WD. , OMNI TO MONTAN APO ROSTON VOWS= ornrss. susr ow% emu meow smassaso. Dian o o ""alm"sunifDismi csmAmilmmidm Tar(lf"...11112111.12'"1" Wino* 21031.11R1072 ln PLANT LEGEND PUNT INOTASCIL NOW 301202. CCITION MOM •wane swore pumas - soon so moms 1210111310 WWW1312 SIMR3O 3130312 WwwW3 To OMAN 12.112•03131.1.01•121 110310211111.1213 2W,1321 WC POSIN1313311WJAW TOW POUOTORWAIN , WWWWW1112223.23.41 112•11.11/0 70 MOW 041131123, WOWIW . 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Sher Ismer. wow AwilLowst-ase-sa 26 HAY 2005 PM 2:16 'LE NATIONAL' APARTMENTS CONDOMINIUM CONVERSION 1306 E. 18 St. National City, CA 91950 iVcslone Management Consultants cis.. Con* ....pm. ',fears rfPM OOF. NC. MIcmnrfCT Furs walls wound windows and add a new parapet. P1 P-2 New envy Coors. Pair 8' eingle rite french doors. Remove existing sign. `_- New vinyl windows end wood doors throughout. Rernove all faux stone and 'decorative' block screen. Bedroom #1 Front Elevation Typical Floor Plan City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 AGENDA ITEM NO. 11 ITEM TITLE Public Hearing — Tentative Subdivision Map for the Division of One 42,250 Square Foot Lo into Six Lots on a Property Located Approximately 125 Feet East of Cypress Street and Adjacent to the South Side of La Vista Cemetery (Applicant: Cypress Glen, LLC) (Case File No. S-2005-10) PREPARED BY Andrew Hoskinso EXPLANATION DEPARTMENT Planning This proposal for a six lot subdivision is the second Phase of the Cypress Glen Subdivision approved by the City in February of this year. The six new houses proposed will help to increase home ownership 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. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. (°cP BOARD / COMMISSION RECOMMENDATION Planning Commission recommends approval of the Tentative Subdivision Map. Vote: Ayes- Carrillo, Pruitt, Alvarado, Baca, Martinelli, Reynolds Absent- Flores, Graham ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Planning Commission Resolution No. 32-2005 3. Location Map 4. Department & Agency Comments 5. Notice of Exemption 6. Application 7. Applicant's Plans (Exhibits A, B and C) A-200 (9/99) it BACKGROUND REPORT The rectangular project site is located approximately 125 feet east of Cypress Street adjacent to the south of La Vista Cemetery. The 42,250 square foot property is in the Single -Family Small Lot (RS-2) Zone, and is 297 feet wide (east -west measurement) and approximately 137 feet deep (north -south measurement). It is currently developed with an old house, which is located near the north property line; much of the site is sparsely covered with ruderal vegetation. Consistent with the general topography of the .area, the property slopes down approximately 30 feet from the northeast corner to the southwest corner, generally a 10 percent slope. The site currently does not have frontage on a public road, so access to Cypress Street is via a 10-foot wide easement along the north side of the property abutting the east side of the project site. There are three other existing easements for utilities across the project site (see sheets 1 and 2 of Exhibit A); the utility easements are to provide services to this site and to the adjacent property to the south. Nearby uses include both the previously mentioned La Vista Cemetery to the north and single-family houses to the east across Cypress Street in San Diego Country (Lincoln Acres). Also, Bonita Vista Mobile Home Park is adjacent to the east in the Mobile Home Park (RMH) Zone, and adjacent to the south of the site is an approximately four acre vacant property that the City recently approved to be developed with 39 single-family houses. The project applicant also owns the four acre site adjacent to the south. All of the properties on the east side of Cypress, including the project site, were part of a proposal to the Local Agency Formation Commission (LAFCO) to be annexed from San Diego County (Lincoln Acres) to National City. LAFCO approved the annexation in September of this year, and now the project site and the other properties along the east side of Cypress Street are part of National City. The applicant's proposal is to demolish the existing house, divide the project site into six individual lots, and develop a single-family house on each lot. The lots will be rectangular in shape and will range in size between 6,780 and 7,255 gross square feet and 5,180 and 6,290 net square feet (subtracting out the private road area). A house will be constructed on the north half of each of the six lots. The houses will face toward a private access road on the southerly one-third of each lot (see sheet 2 of Exhibit A). The private road will connect with an adjacent private road in the subdivision approved for the four acre property to the south, in order to allow for through access to Cypress Street (see sheet 3 of Exhibit A). Also, the three existing utility easements will be vacated, and new utility easements will be provided; the new easements will primarily be under or along side the private roads on the project site and the property adjacent to the south. Additionally, drainage easements across and under the property to the south and southwest, which is also owned by the applicant, are part of the proposal. In order to develop the sloping site with six houses, grading and several retaining walls will be needed. Generally, the middle of the site, where the houses and the private road will be located, will be relatively level. The northerly 15 to 20 feet and the southerly 20 feet (south of the private road) of each lot will continue to slope down from the north to the south. A retaining wall, up to eight feet in height, will be constructed between the slope on the north side of the property and the rear of the proposed houses; thus, each house will have a level rear yard between 13 and 22 feet deep. Each house will be separated from the private road by a minimum of 18 feet, and the side yards will vary from 6 to 11 feet in width. The houses the applicant proposes to build are the same designs that the City approved for the subdivision adjacent to the south. The two floor plans will both be two -stories with three bedrooms, two and a half bathrooms, and a two -car garage. Two of the six houses will be a Plan 2 model, which will be a total of 1,410 square feet, and the remaining four houses will be a Plan 3 model, which will be 1,650 square feet. All of the houses will have a plaster finish, tile roof, a metal sectional garage door, wood trim, and aesthetic enhancements on the front facade. The aesthetic enhancements will consist of cultured stone veneer and metal or wood accents (see attached Exhibit B). The slopes at the northerly and southerly limits of the site and the front and side yard areas adjacent to each house are proposed to be landscaped. The landscaping will consist of two trees per lot, shrubs, groundcovers and some turf (see Exhibit C). The proposed six -lot subdivision and associated development of single-family houses is consistent with several important General Plan policies. The division will create new opportunities for home ownership on lots that exceed the 5,000 square foot lot size required by the General Plan. As such, each lot will be able to accommodate a house suitable for a larger family (proposed houses will all have three bedrooms) consistent with the General Plan. The density of the proposed development, 7.6 units/acre, is also consistent with the General Plan allowance of 8.7 units/acre for the RS-2 Zone. The design of the subdivision is consistent with all of the requirements of the City's subdivision ordinance, with the exception of the requirement for 50 feet of street frontage (on a public street) for each lot, and the use of a private road. It is impracticable to provide street frontage for any of the proposed lots, since the property currently has no frontage on a public street, and the existing lot pattern and topographic conditions in the area preclude the possibility of extending public roads to the property. The proposed subdivision provides for regular shaped lots with safe and functional access to a public road, Cypress Street, through an adjacent development that has been planned to accommodate this access. Also, a number of site drainage features have been integrated into the proposal to minimize and control drainage from the site. For example, impervious surfaces have been minimized through the use of a private road, which has a maximum width of 24 feet. Storm water draining off the private road will drain into and through a grass swale prior to entering the City storm drain system. The proposed subdivision and associated development of six houses is compliant with the development regulations in Title 18 (Zoning) of the Municipal Code. For example, the proposed houses will exceed the minimum 1,000 square foot size requirement, will be less than the maximum 36 foot height limit, will include two -car garages (with sufficient interior dimensions), and will exceed minimum setback areas. The house design is consistent with City Design Guidelines that encourage high quality development compatible with adjacent and nearby uses. For example, significant vertical and horizontal articulation and fenestration are incorporated into each house and quality materials (i.e. tile roof, cultured stone) will be used. Standard conditions of approval are included with this report. Also included are special conditions requiring covenants and restrictions ensuring maintenance of the private road. Fire Department comments requiring proper fire hydrant spacing and a prohibition of parking on the private road, along with Engineering conditions requiring typical Subdivision Map Act requirements and site grading/drainage plans are also included. Planning Commission held a public hearing November 7, 2005 on this proposed subdivision. There was no public testimony on the project, but the Commissioners briefly discussed the project and the conditions of approval. They voted to recommend approval of the subdivision citing the suitability of the site and the subdivision's consistency with the General Plan as supporting reasons. RESOLUTION NO. 32-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE DIVISION OF ONE 42,250 SQUARE FOOT LOT INTO SIX LOTS ON A PROPERTY LOCATED APPROXIMATELY 125 FEET EAST OF CYPRESS STREET AND ADJACENT TO THE SOUTH SIDE OF LA VISTA CEMETERY APPLICANT: CYPRESS GLEN LLC — DON GOSS CASE FILE NO. S-2005-10 WHEREAS, application was made for approval of a tentative subdivision map for the division of one 42,250 square foot lot into six lots on a property located approximately 125 feet east of Cypress Street and adjacent to the south side of La Vista Cemetery on property generally described as: That portion of the northwesterly Quarter of Quarter Section 109 of Rancho de la Nacion, in the County of San Diego, State of California, according to Map made by Morril being No. 166 on file in the Office of the County Recorder of San Diego, WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 7, 2005 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2005-10 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following recommended findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed six lot Tentative Subdivision Map is consistent with the National City General Plan and applicable specific plans, since it will create additional homeownership opportunities on lots that exceed the 5,000 square foot minimum lot size and since the total development density of 7.6 units/acre is less than the 8.7 units/acre established in the General Plan. 2. The site is physically suitable for the proposed type of development, since despite the sloping nature of the site it is possible to create level building pads and yard areas for six houses and a level private road for access. 3. The site is physically suitable for the proposed density of development, since the six proposed lots, all of which will have a net area of 5,000 square feet or more, can accommodate a good sized single-family house, typical yard areas and off-street parking with appropriate separation (buffers) from adjacent properties. 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 approximately one acre site is in an urbanized area, is currently developed, and contains only ruderal vegetation and no bodies of water. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR LESS THAN REQUIRED STREET FRONTAGE AND USE OF A PRIVATE ROAD 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the property currently has no frontage on a public road. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and future development pattern is compatible with the adjacent residential properties, particularly with the property adjacent to the south through which access to Cypress Street will be gained. 3. Granting of the exceptions for use of a private road and no street frontage is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of Title 17. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map for division of one 42,250 square foot lot into six lots on a property located approximately 125 feet east of Cypress Street and adjacent to the south side of La Vista cemetery subject to the following conditions: 1. This Tentative Map authorizes the division of an approximately one -acre property into six lots each to be developed with a single-family house. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B and C, Case File no. S-2005-10, dated 10/13/2005 and 8/23/2005 respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The 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. 4. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common maintenance of streets, retaining walls and utility/drainage easements 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. 5. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. 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. Fire hydrants shall be located as to have a separation distance not to exceed 300 feet. 8. The private road within the subdivision shall be signed to prohibit parking at all times, in order to maintain a 20 foot wide fire lane. 9. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 10. 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 prior to the issuance of a building permit. 11. 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. 12. 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. 13. 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. 14. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 15. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 16. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project . 17. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 18. A soils engineering report shall be submitted for the Engineering Department's review. 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 19. 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. 20. A title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 21. 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. 22. The Final Parcel Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 23. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 24. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. La Vista Cemete 100 0 100 200 CITY BOUNDARY mmam OS soke PROJECT SITE LOCATION MAP Division of an approximately one -acre site into six lots Boni Mobile a Vista ome Park S-2005-10 NATIONAL CITY PLANNING Valley DRN. DATE: 10/24/05 INITIAL HRG DATE: 11/7/05 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The creation of an easement for ingress and egress to and from Lots 1 to 6 across Cypress Glen Subdivision I and from Cypress Street. The easement shall be created on the final map. 29. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 30. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 31. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 21, 2005 by the following vote: AYES: Carrillo, Pruitt, Alvarado, Baca, Martinelli, Reynolds NAYS: ABSENT: Graham ABSTAIN: Flores CHAIRWOMAN /0 City of National City Office of the City Engineer 26 SEP 2005 AM 9:29 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR 6 NEW CONDOS AT CYPRESS Date: September 23, 2005 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: 6 NEW CONDOS AT CYPRESS STREET 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. 4. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development ® Recycled Paper Planning Department September 23, 2005 Page 2 5. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 6. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project . 7. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. V Planning Department September 23, 2005 Page 3 9. 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. 10. 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. 11. 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. 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. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. Planning Department September 23, 2005 Page 4 7. The creation of an easement for ingress and egress to and from Lots 1 to 6 across Cypress Glen Subdivision I and from Cypress Street. The easement shall be created on the final map. 8. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha CYPRESS CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 Oa KO MEMORANDUM i DATE: September 20, 2005 TO: Andrew Hoskinson, Associate Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: S-2005-10 Comments and Recommendations: 1) Roadways as designed will be "No Parking" roadways. Minimum access requires clear with of 20 feet. Current roadway at 24 feet will not accommodate a park vehicle and allow for 20 feet clear access. 2) Fire hydrants shall be so located as to have a separation distance not to exceed 300 feet. • • 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 September 21, 2005 Mr. Andrew Hoskinson, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY — 2501 E. 32Rd STREET NATIONAL CITY, A.P.N. 564-250-12 CASE NOS.: S-2005-10; GP-PZ (RS-2) SWA DEV. FILE: CYPRESS GLEN GOVERNING BOARD W.D. "BUD" POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM" OOUD RON MORRISON MARY SALAS MARGARET COOK WELSH MARISA FARPON SECRETARY DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER 26SEP2005pM3:19 Dear Mr. Hoskinson: This letter is in response to an Application for a Tentative Subdivision Map for the subject property, within the Sweetwater Authority (Authority) service area. The water main in 32Dd Street ends 20 feet from the west property line. According to the information received from Phase I of this project, the Owner intends to extend the water main into Phase II to provide water to these six lots. The Authority's records indicate that there is an existing one -inch water service to this parcel. Enclosed is a copy of 1/4 SEC. 109 map, which shows the existing water facilities. 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 to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Any new water services, including domestic, irrigation, and fire, will require backflow prevention assemblies that meet Authority standards. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Andrew Hoskinson City of National City Re: Water Availability Cypress Glen (Phase II) September 21, 2005 Page 2 of 2 If the Owner provides the required fire flow information and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 80 psi to a minimum of 60 psi. Additionally, the Authority requires a ten (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 or Martinez Engineering Manager HM:LJE:jg Enclosure: photocopy of 1/4 SEC. 109 map cc: Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 Mr. Donald Goss, Managing Member Cypress Glen LLC 2514 Jamacha Road, Suites 502-39 El Cajon, CA 92019 Snipes -Dye Assoc. 8348 Center Drive, Suite G La Mesa, CA 91942-2910 Mr. Rick Bird, Sweetwater Authority I:\engr\Dev\Cypress Glen\Cor\cypressglen2_hoski_6lotsub.doc This map was developed by Sweetwater Authority far Internal illustration only. d le not designed to provide technical detail. end . should not be used for any other purposes About the express wagon pemilsslon of Sweetwater Authoriy- SweeM'eter Authority - hltp://swanetsweetw0ler.org 505 Garrett Avenue Chute Viet. CA 91912-2328 (619)420.1013 00X!(619) 0257469 W ticn of water facilities are approximate only. based on record information. Fore more accurate location, water facilities must be field -located. Call 1.1.SA. ® 1-800-4224133 two days odor to excavation. The parcel or road date shown on this rasp is proprietary information . The use of this lnformetlon Is pursuant to sublicense agreement only. Any resale or relicensln9 of this information is plWdbited, except In accordance with such subllreneing agreements. Subject Property; 2501 E. 32nd St. Cypress Glen Ph. II 1/4 SEC. 109 SanGIS - hllp;lwww-sergls.org 1010 Second Avenue. Suite 130A San Diego, CA 921014903 SCALE: 1 INCH = 200 FEET City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: S-2005-10 Project Location: 125 East of Cypress Street adjacent to the south of La Vista Cemetery Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map to divide a 42,250 square foot property into six lots, and to develop a house on each lot Applicant Name and Address: Don Goss Cypress Glen LLC 2514 Jamaccha Road #502-39 El Cajon, CA 92019 Telephone Number: 619-579-5567 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) • Categorical Exemption. Class 32, Section 15332 (Infill Development) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposed development occurs on a 0.97-acre site that is currently underutilized. The site, which is currently developed with one house, is located within the boundaries of National City, which is an urbanized area. The project will achieve a number of General Plan policies and it can be seen with certainty that the project will not have an impact (traffic, noise, habitat) on the environment. Date: ® Recycled Paper Andrew Hoskinson Associate Planner APPLICATION for Tentative Parcel Map Tentative Subdivision Map 7. NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN • COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number -2005-76 Filing Fee $ S Recei No. Date Received i, By V'"�.A�N E.A.F. Required Fee $ • Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. PROPERTY LOCATION COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative ParceUSubdivision Map Application Revised December, 1998 Page 1 of 3 544._O-Iz 2501 3240 i-r' (mr- ar “ia c-54 cle- t' (RS-i) OTHER AUTHORIZED REPRESENTATIVE at fieS Signature (Signature acknowledges that this application is being filed) Address: fk s4 -0 ACS4Vm 6348 c - IA-, yh,e C� LA v mirevA) .2J I o Name: Signature (Signature acknowledges that this application is being filed) Address: Phone No.6197av 6J -' P 2 Phone No. Fax No. Co V(44r0 e ) 3 Fax No. Date: 8 A /o c." Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). (i ypitts 640,o L G G Name: 67 - 0/141,1161 j 5 , j Name: Signature 44)4SyiYVL Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: oZ 5/L/ \41,0tc ,eD r am- q� o cct Address: Phone No. (4) 6-71-554,7 Phone No. Fax No. CL } tj7q'- gi534 Fax No. Date: Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 APPLICANT 1 Name: C1PTI 6 tL - (Please type or print) �p Signature: j 914/rg,Gt/ (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: ,, 0 P-t Gfat eli F(l-e • 44&9y -37 iw c 1 cam-. VOLE/ Phone No. Cb l'7) 57 7 Fax No. Date: 4'iCf, 579- gs39 Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 STREET 'A' TYPICAL SE-C'RON'A - A' PRIVATE DRIVE CON-SRE) NO SCALE STREET E TYPICAL SECTION ii - E' PRIVATE ORNE (OFFSrtE) NO OW. TYPICAL SECTION 'C - C PRIVATE STREET (OFF -SITE ACCESS) NO son, CITY OF NATIONAL CITY TENTATIVE SUBDIVISION MAP NO. CYPRESS GLEN PHASE II VICMff�' MAP W A DETAIL - TVftw BIO-SW I P NO SCALE wT wirlQ.PnTpNwfrR.T°wooP Wms=Teen IOiP C/Aanp] 41I00.4 M M CONIN PUN OHM SUM PC4I6N4 dM'C AT A PO. N M.ce2a1 LW a. YO W Mtl 6lIp.0A LITNT M AUIMOO MT MIMI MOM Te,W,IMSIRt Weal CO S. Y!P YO =OTo.tNO ~QO MN NO IINiN, NNW 4E9.T CCOVON On W arm0e_y°n ....0 MCCr NoORD w ICt Pete NO P®!®'/CO P=N Min..TN nea: net. nasty ALCM MNRNNT YeP S#Dd&I LNo rona,MJJB0n-, Wawa nee ,n m=volnaL ACNE K TNarne., BMwvow.ro. ro M IRtIfi CeENNLIaT�Len`nWON NW ro...01.0 1001.9...1.0.11.108 NarneliIron POW COMM. CET ALMNIC RTDEKn6e tJ nnem, IACL ICTnee:P SAON0OC Por reNONOwassER YP9 N! IRRCpT 0Oglnm, nee P ne AinE PAZ%a ♦ MC Cr WAY TrYJRA(!G MCP 4p AO10® RIEIIOI®.YIOW IQl Ce ne wove eQfl7B NPAWOL I ANTE e.09r®n6@MN ne V61n1a16r Teem 4 G i NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. S-2005-10 DATE: 8/23/2005 EASEMENT DATA O INeim»nPOE PUNINUMB ueunm.-N.nmcss 9110509 NOW. f.INN meuspN P vasPA<e ass NP47WT 6410E60 CAS 40n(CC.0 ozve r, aIrC16 Sao LYA • ..eser peen. 0MPCEIOV WmIdN2 on RISNE v000 No, „o moo., nNvons NEaivs Patp�1 M MT wLva6 Pa@ft3 N FARCE O. VOLT; PIIINE Aor n7 n2P-bBfl6W PYl, ]O mu....cm M1A Rex Ni.nss IICYIdai P.lnVeee Nascee am. nIMA INPOCK MT CV ce1.1 PAP Id. N P0VOifq 00IPOLO OAN ONO 1IR.=PANT q'E'RS NNLNO. p. nepvn e.vPwar ono., on, w v.,soo NCon nmwm PEA Nan. A Nss N Rosa No, moo %OIl N easTIIP UiM®gcone an.erra. None,. PROPERTY INFORMATION NOT. Tao. Ces Nao ACREAGE / LOT E MNL NINEM <.BEOSr _. PARK!. WACO. LEGEND EXISTS. muds.___.__.-_____- es sync SPOT enNaviON.._ MPo,ID ski P.Ev0Ten .. soda VIA Mon. nave VIV KKRCB9 LPn moo (C CCCCCCC mono Pws,HNt KKR rtM6ana �v✓z " FCI.@uvAcaE 6.a,57 VALVE Pasf�Ewrti v.VV Pe.ee _ moon,. canons xiw a+a.-"--_- . -. GENERAL NOTES r q An.r /atiV.niia. id Nom Fµio 49iu .c02,0a40. Dais elaNn Jan so ano DISTRIT= '' a�oo,o,` w°r cc- oo.0 ®°�mT.'o'"'IaIS f u BIi�A ®nNBDu&AB ai no AS',PK,. en rvAiv____—_-___. srcTn.m Nmapn covne < .io aTwzre Aso CNvewr Nts Moose a CATICTi .. Roe,. To gam, RS@rr Py.I assess NillONd _. 6YY6TW.E@WWnW EO1Ctl. AF9Cr siQanRnnab. SPaaaM. TTO no Sam. OH.@nYrEONA ._.. wRT'LL YNXV. phlMn iass 68rv9 TP.Gnfan von. neavac. O?Paan Ace 'Oa Case me.+fw+__..._—_ ®c SOLAR ACCESS ga-Faen PAE r. narsuR fY'N R S(TE ADDRESS- .* a BR BAST wLNNN. CIIi.CA aeeC OWNER / SUBDIVIDER / APPLICANT Poe Ea, emscv sueRSONS venom vs. nsam sa naoN ss Names ar $na. moanP Tw< Maass. 00aw,C ai Sums non nY s µr ae Nlc®0.vI eraNET un P wmniry en noon. . p: ThE a.� ate EARTHWORK OUANTTIES WO CT Cut 6x CT en taco Doc, ENGINEER OF WORK 5 SoMsevw-0.e !Palm• =v A1Obtl02P4ypv0 md.sa ie,.. 4 TPIL9aC� Ir ig OR `aWWaC sAoz 1pi RCGLrtulm ar0 R�K •Y^6��CC�.B ;MOM rift •Pfild .I.olM MOM Pe. LOT 2 4I ES' • 69SD G. 1£• 9,02 BF 9430 PP. tune At Be.caMe.—„, r ryV^TE stIVET By�il grvne MIRO lB Oi, 6 ri•Tegsa 32ND STREET 3 1;. OT- I RA^13 z LOT-3 • I LOT 4 to 6QCB9.11016F. O.99 •.9a 5P. PM•5.10f 5r •3.990. 99. PP. 0 .0 Pao PP. 9910 Pm g1 i I "- . ��wao RIO GP. ar, _... 0•..20 esael Gha MI 2-2 ITY CTC \I PWI 2] III 11 LOT 5 i 6WXf9- 6.51 SP. F.^� �- M-5a'OSF. PI � I00PP. 102. PAD 1 Jws suuro a ijma g_ <.= 1, Pr ma, w, um, Y1 1*2• 5.96.5 SP. 0 2 PP. 10530 PAD 94 wfL �9'Ee9eNB�ae ENGINEER OF WORK ��e EDtl 9elyee-Ope MC/e2LI iusM.�mB ssralinv/ie Ar• 2 CU YW..., e i[eu mwm. e�P)ew� 11 BEDROOM 3 po,s" X I3.-fr ,11110111IIM BA 2 M. BATH F HALL IN. ASTER: BE ORO° 12'41X SECOND FLOOR - 853 SF 3 f-0" GiNIN ROCteel LiVitNOBoo • 24.-x-rb.-44. 4 KITCHEN W-u11 coom•or ! 11111 11111M PRO!' •ENtily 1 11 1111 COVERED PORCH PLAN 2 / 1 ,4 1 0 SF CYPRESS GLEN CYPRESS GLEN, LLC edingerArchitects FIRST FLOOR - 557 SF NATIONAL CITY PLANNING DEPT. • EXHIBIT B CASE FILE NO; S-2005-10 DATE: 8/23/2005 PLASTER CORBEL RIGHT SIDE ELEVATION LEFT SIDE ELEVATION CONCEETS b" TILL •OEI,nG WIN:ST E. T.1. PLAN 2 ELEVATIONS SCALE: 1/4" * 1'-0. CYPRESS GLEN CYPRESS GLEN, LLC e dingerArchitects REAR ELEVATION oae� rho winoow� � 11 PANE CLAY VENT PILES ii'1IIIu;1..I FRONT ELEVATION - A AMEN ENPAOIS SHUN/PEAS re, VINENE SHOWN RIGHT SIDE ELEVATION LEFT SIDE ELEVATION EIRERI` n EN,STER cnR,GE DOOR PLAN 2 ELEVATIONS SCALE: I/L"= I'-o CYPRESS GLEN CYPRESS GLEN, LLC ■ edingerArchitects co.arm firm. Trr.winis°now`n rr.urEn TAln,r oeo,w Ano wwoow, REAR ELEVATION MINIUM • 1..s•mmsmaw . ui J11 ®©©© �f 11 li 1 U II II FRONT ELEVATION - B .J' s�LS��i�' rijILZ tLtZ2"ZL�sE. Il•JL SRTJ II 11.T.. R IA ! III RIGHT SIDE ELEVATION 1—1 LEFT SIDE ELEVATION PLAN 2 ELEVATIONS SCALE: 1/A,. Ib' CYPRESS GLEN CYPRESS GLEN, LLC ■ e din ger Archi sects .11CPCTE SMAPC EOOPiMO 00TCGWOODNOC AT .w°OMi eii.:non°ow REAR ELEVATION BEN +13�Ai�it • FRONT ELEVATION- C WOOD OUTLKER vnrh MIIE •RACE POSTS NITYPEO STONE BEOROOri12 5-10" % 12,4. SECOND FLOOR • 1,106 SF PLAN 3 / 1,651 SF SCALE: 1/4"=1 '-O" CYPRESS GLEN CYPRESS GLEN, LLC edingerArchitecis FIRST FLOOR - 635 SF CO RIGHT SIDE ELEVATION FLA LEFT SIDE ELEVATION CORBEL Ty, WHEAL oo.VTEA TAN AT o`E• Ano wwoows PLAN 3 ELEVATIONS SCALE: i/E",'E" CYPRESS GLEN CYPRESS GLEN, LLC m edingerArchilecls REAR ELEVATION ILASTERI CCC • w/ OCCOnATK METAL ARAL FA4A LAY VRR TILP x it I,I.I.I< °` .„•AOAAIL 11 U r_ :�. I�Illlllllillll ❑❑ FRONT ELEVATION A RIGHT SIDE ELEVATION LEFT SIDE ELEVATION siEPO i111N OOWs PPOni ¢L¢vPT On OnLM PLAN 3 ELEVATIONS SCALE: I/A, 1.-0' CYPRESS GLEN CYPRESS GLEN, LLC edingetArchitects METAL .mron.L DOOM REAR ELEVATION PLP.i¢M P¢DAa. FRONT ELEVATION B ` w�iPis+oW N`M aiUhllIIIIIIIll RIGHT SIDE ELEVATION LEFT SIDE ELEVATION REAR ELEVATION "AT 110 cn2`OAH«t" niiwn� ♦�A PAM,. WOOD SILL VAINTCO wOaDT111N AT / v:o:*.iiv�ner en:. PLAN 3 ELEVATIONS SCALE; 1/4...1'-e' CYPRESS GLEN CYPRESSS GLEN, LLC ■ edinger Architects aODOR FRONT ELEVATION C Woop NATIONAL, .CITY PLANNING DEPT. EXHIBIT C CASE FILE NO. S-2005-10 DATE: 8/23/2005 Ground Cover Wood Fence �-- Slope Planting Gate + Retaining Wall Shredded Bad • Cvoress Glen Phase II Path Street Tee Planting i5 Wa - ry a Ida *Id rdS0R, ample, mt;ii oceirt from toet band memeod along the along Ono aport an the 442.06 rook to ea ceptig stem N.Rca. 2. A Age of naj nor note.; adapted rtparrot NoJect taeancm Net IdNt eintome MILE QM let • moor ralaa OM lean fpyrwid. ad mestlee 101 of Real., a. In Melee en qe MM. by hMrll t»•g no. 166 and NW t+ e falofe. let "bt"t Maroon one/ paraw .men. foot t t'ta as �y corer a the ember% One or mid Jove.. lond 151.05 foot to '10•411dode modern Mang Nom mot/wry ono Moreaf. Sold 145.00 Coot being roo ev.0 Wong 1. r u tort' ]owet uhwewf. Poe property i emote aoa and Nora of Int rdoso ..i- Glad LLL.3514 Ja.ode Rood e3W-0.1. 14opat, 6AgNDs. on+urt+lolr t��l�ri 'eN.Gyros* G G.J.. dA �9arin rhq!!4. i . —::•ae HOWARD ASSO^IATES t a n d ac.a t. r e h i tiret t;;e ;, MU. we NN• ea.• Ne• ••• ... •..•.vv. ...N ei a•W City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 AGENDA ITEM NO. 12 ITEM TITLE Public Hearing — Tentative Subdivision Map for the division of one 16,675 square foot lot into eleven lots, and a Variance for building height on a property at 2504 Highland Avenue (Applicant: Cheng Capital) (Case file no. S-2005-4 / Z-2005-6) PREPARED BY Angela Reeder, DEPARTMENT Planning EXPLANATION The proposed subdivision and development of 10 single-family townhomes is located on a 0.39-acre parcel in the General Commercial (CG) Zone on Highland Avenue. The site is currently developed with four rental. units, which suffer from deferred maintenance. The project would result in 10 townhomes with separate foundations and airspace between them, but with a common facade that gives the appearance of attached homes. As such, several exceptions from the Municipal Code have been requested, including: 1) reduced lot sizes; 2) reduced front and side yard setbacks; 3) less than required street frontage; and 4) use of a private drive. With these exceptions, the project remains functional, provides for good development, and is consistent with General Plan goals including the creation of home ownership opportunities, infill of under- utilized commercial property, and incorporating high quality design. A Variance was also requested to allow for three-story homes, where only two-story single-family homes are currently allowed. The Variance would allow residential units that are compatible with other uses within the CG Zone, which currently has no height limit for non-residential units. The Planning Commission held a public hearing on this item at their November 7, 2005 meeting and recommended approval. The attached Background Report describes the project in detail. Environmental Review X NIA Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. R BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the Tentative Subdivision Map and Variance. Vote: Ayes — Reynolds, Martinelli, Baca, Alvarado, Carrillo, Pruitt. Absent: Flores, Graham. ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Planning Commission Resolution No. 34-2005 Including Findings and Conditions of Approval 3. Location Map 6. Notice of Exemption 4. Site Photographs 7. Application 5. Department and Agency Comments 8. Applicant's Plans (Exhibits A & B) L A-200 (9/99) BACKGROUND REPORT The approximately 17,000 square foot project site is located on the west side of the 2500 block of Highland Avenue in the General Commercial (CG) Zone. The flat site is rectangular shaped; it has 115 feet of frontage on Highland Avenue and is 145 feet deep. It is currently developed with four rental units that suffer from deferred maintenance (see attached site photographs). Nearby uses consist of commercial buildings adjacent to the north, Olivewood Elementary school to the west and south, and the Highlander Senior Residences and a large church to the east across Highland Avenue. All properties along Highland Avenue in this area are in the CG Zone. The applicant proposes to divide the property into 11 lots; 10 of the lots will be for the development of single-family townhomes. The remaining lot will encompass a private driveway (for access to all of the new lots), two surface parking spaces, and over 3,000 square feet of open space. The private driveway will be 24 feet wide and connect with Highland Avenue on the east side of the property. The private driveway runs east/west through the center of the lot, with five residential lots on the north side and five residential lots on the south. The 10 lots proposed for residential development will each be rectangular in shape, with an average lot size of 1,050 square feet. Each lot will have approximately 23 feet of frontage, including an attached two -car garage, on the private drive. Exceptions from the Subdivision Ordinance have been requested to allow the use of a private street, lot sizes of less than 5,000 square feet, and less than 50 feet of street frontage for each lot. While the homes are proposed with independent foundations and airspace between them, they will have the appearance of two five -unit buildings, due to a shared common facade. All of the units will be three -stories and include an attached two -car garage, a fireplace, and two private balconies. The 35-foot tall buildings do not exceed the height allowed in the CG zone; however, a Variance is requested to allow the units to be three -stories, as the Land Use Code sets a maximum of two -stories for single-family units. There is only one floor plan proposed, which includes three bedrooms, two and a half bathrooms, and 1,625 square feet of living space. The homes will have a stucco finish, with metal accents (i.e. awnings, railing, wall panels), and a curved metal roof. The buildings are setback ten feet from Highland Avenue and twenty feet from the west property line. Each of the units include ten -foot setbacks from the north and south side property lines, creating a pedestrian walkway and "front yard" for the homes. The garage for each home will be accessible from the private driveway at the rear of each home. An exception, allowed through the Land Use Code, has been requested to allow less than required front and side yard setback areas. The proposed subdivision and future development of single-family homes is consistent with several General Plan goals, such as the creation of home ownership opportunities and the infill of vacant commercially zoned property with residential development. Additionally, the proposed density of approximately 25.6 units per acre is less than the 34.8 units per acre allowed under the CG General Tentative Subdivision Map & Variance S-2005-4 / Z-2005-6 Plan/Zone designation. Also, the proposed homes are larger than the minimum required unit sizes as is encouraged by the General Plan. Finally, the proposed development is consistent with the applicable specific plan for this area that requires a minimum ten -foot setback along Highland Avenue. As noted above, the development achieves several important goals of the City, which would not be possible without the requested exceptions from the Subdivision Ordinance and the requested Variance. However, even with exceptions, the proposed subdivision and development will be quite functional. It will have several characteristics (private street, small lots, and common open space) typical of an urban, small planned development. The development will not infringe upon the use of the adjacent properties, since adequate setbacks from those uses are proposed and since vehicular access to the property will be solely from Highland Avenue. Each home will have useable, private balconies, a two -car garage, and access to open space at the rear of the subdivision, which includes two guest parking spaces not typically required in single-family development. The proposed homes comply with Land Use Code requirements and incorporate several elements encouraged by City Design Guidelines. The homes have significant roofline and wall plane variation, and will be constructed of high quality materials, such as stucco exteriors and metal accent pieces. The architectural exterior treatments are proposed to present a more commercial look to the street, as Highland is a major commercial corridor in the City. Standard conditions of approval and the standard Sweetwater Authority requirement for the property owner to enter into an agreement to ensure that any needed water facility improvements be made have also been attached to this report. Engineering Department comments have been incorporated as recommended conditions. A condition requiring an automatic residential sprinkler system, as required by the Fire Department, is also included. Planning Commission held a public hearing on this proposal November 7, 2005. There was no public testimony on the project, but the Commissioners briefly discussed the project and the conditions of approval. The Commission voted to recommend approval of the proposal, finding the creation of 10 homeownership opportunities consistent with the General Plan and a benefit to the residents of the City. Tentative Subdivision Map & Variance S-2005-4 / Z-2005-6 RESOLUTION NO. 34-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE DIVISION OF ONE 16,675 SQUARE FOOT LOT INTO ELEVEN LOTS, AND A VARIANCE FOR BUILDING HEIGHT ON A PROPERTY AT 2504 HIGHLAND AVENUE APPLICANT: CHENG CAPITAL CASE FILE NO. S-2005-4/Z-2005-6 WHEREAS, application was made for approval of a tentative subdivision map for the division of one 16,675 square foot lot into eleven lots, and a Variance for building height on a property at 2504 Highland Avenue on property generally described as: Lots 1 to 5 inclusive and the east 20 feet of Lot 6, in Block 4 of Flora M. Kimball's Subdivision of the East Quarter of 10 Acre Lot 15 in Quarter Section 152 of the Rancho De La Nacion, in the City of National Ciyt, County of San Diego, State of California, according to Map thereof No. 44, filed in the Office of the County Recorder of Said San Diego County, September 30, 1886 WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 7, 2005 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2005-4 and Z-2005-6 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the General Commercial (CG) General Plan /Zone designation provides for residential infill development and since the General Plan promotes home ownership opportunities. Also, the proposed subdivision is in conformance with the specific plan for the area that requires a minimum ten -foot setback along Highland Avenue. 2. The site is physically suitable for the proposed type of development, since the proposed residential development will add to and be compatible with the urban character of the area, and there will be adequate screening and separation between the proposed residential and neighboring commercial uses. Also, the Geotechnical Investigation for the project does not identify any geologic hazards that make the site unsuitable for the proposed development. 3. The site is physically suitable for the proposed density of development, since the approximately 25.6 units per acre proposed is less than the 34.8 units per acre allowed in the CG zone, and since the site is located on a major arterial road across from an existing multi- family senior development. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and since the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 1. The property to be divided is of such size or shape, that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the width (115 feet) of the site makes it impracticable to divide it consistent with the development pattern of the nearest residential subdivision. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and future development pattern is compatible with the adjacent commercial and residential properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED VARIANCE 1. The requested Variance is necessary because of special circumstances applicable to the property, including location and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since similar properties in the CG Zoning designation, including a property directly across Highland Avenue, allow for three- story residential development for the provision of housing. 2. That the requested Variance is subject to such conditions which will assure that the adjustment for height authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, as the project will function as a multi -family project, which can be built to 35-feet in height in the CG Zone, and since the proposed project is conditioned to comply with the submitted plans that identify a 35-foot high development for the housing. 3. That the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since proposed 10- unit subdivision is a permitted use in the General Commercial Zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map for the division of one 16,675 square foot lot into eleven lots, and a Variance for building height on a property at 2504 Highland Avenue, subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one lot into 11 lots, with exceptions for less than required street frontage, creation of a private street, lots of less than 5,000 square feet, and reduced front and side yard setbacks. Ten of the 11 lots shall be developed with single- family homes, and the lot 11 shall be a common lot that encompasses the private street and open space areas. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File no. S-2005-4, dated 10/4/2005. 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 private road, shown on the above referenced plans, will be a No Parking Area. 4. An automatic fire sprinkler system is required, per review and approval of the Fire Department. 5. The Covenants, Conditions and Restrictions (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. 6. The developer shall provide a declaration of Covenants, Conditions and Restrictions (CC&R's), 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. 7. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 8. The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 9. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 10. A 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. 11. 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. 12. 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. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. 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 Public Works Department requirements. 17. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontage shall be removed and replaced. 18. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 19. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 20. 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. 21. 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. 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 23. 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 fmal map. 24. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. This section of Highland Avenue has both the transmission and distribution lines. This area is also within an underground district which is schedule for undergrounding. The developer underground the facilities starting at the existing poles into the property. 25. The final map shall be recorded prior to issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. 27. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 28. 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. 29. Prior to recordation of the Final Map the property owner and applicant 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. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 30. Approval of the tentative subdivision map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 30. Approval of the tentative subdivision map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 21, 2005 by the following vote: AYES: Carrillo, Pruitt, Alvarado, Baca, Martinelli, Reynolds NAYS: ABSENT: Graham ABSTAIN: Flores CHAIRWOMAN PROJECT LOCATION LOCATION MAP S-2005-4 / Tentative Subdivision Map and Zone Variance for 10 Single-family Homes Z-2005-6 NATIONAL CITY PLANNING DRN. DATE 10/26/05 INITIAL HEARING: 11/07/05 /0 ie Photographs: S-2005-4/CUP-2005- View of the project site from the east side of Highland Avenue View of the interior of the project site from Highland Avenue City National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 • 16 MAY 2005 awl 9:16 ENGINEERING REQUIREMENTS FOR A NEW CONDO PROJECT AT 2504 HIGHLAND AVENUE Date: May 11, 2005 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: A NEW CONDO PROJECT AT 2504 HIGHLAND AVENUE 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 Planning Department May 11, 2005 Page 2 4. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development 5. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 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 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 7. 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 Public Works Department requirements. 8. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontages shall be removed and replaced.. 9. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. Planning Department May 11, 2005 Page 3 10. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 11. 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. 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. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. This section of Highland Avenue has both the transmission and distribution lines. This area is also within a underground district which is schedule for undergrounding. It is recommended that the developer underground the facilities starting at the existing poles into the property. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. Planning Department May 11, 2005 Page 4 7. 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 2504high CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 12 MAY 2005 AM 8:06 MEMORANDUM DATE: May 11, 2005 TO: Angela Reeder, Assistant Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: S-2005-4 / CUP-2005-7 Comments and Recommendations: 1) Fire Access roadway required. Minimum dimension 20 feet wide with a 13feet 6 inches vertical clearance. This will be a No Parking Area. 2) Automatic fire sprinkler system is required. 3) Minimum fire flow 1,750 gpm measured at 20 psi residual with a flow duration of 2 hours. Fire flow requirements is based on the installation of automatic fire sprinkler system. Page 1 of 1 12 KAY 2005 PM 3:17 Lanny Roark From: Lanny Roark Sent: Monday, May 02, 2005 7:04 AM To: Angela Reeder Subject: Case File Nos: S-2005-4 / CUP - 2005-7 Development at 2504 Highland Ave. As with similar projects, the Police Department requests that the development project comply with our provisions of Crime Free Multi Housing criteria and Crime Prevention Through Environmental Design (CPTED) standards as a condition of approval. We will make personnel available for on -site review/inspection or to meet with developers. We can provide written material on requested standards as needed. Tha Admini ark ative Sta)? Sergeant Pqa� I r rv"f 5/2/2005 SWEETWATER AUTHORITY 505 GARRETTAVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org May 10, 2005 11 MAY 2005 AM11:52 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: WATER AVAILABILITY 2504 HIGHLAND AVENUE, NATIONAL CITY A.P.N. 562-072-06 CASE NO.: CDP-2005-7/S-2005-4 SWA DEV FILE: CHENG RESIDENCE, 2504 HIGHLAND AVENUE Dear Ms. Reeder: This letter is in response to a Tentative Subdivision Map for the subject project. There is a 12-inch water main on the east side of Highland Avenue. Sweetwater Authority (Authority) records indicate that there is one 3/4-inch water service (#3556) that currently serves this property, which is 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 enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 85 psi to a minimum of 75 psi A Public Water Agency Serving National City phula Vista and Surrounding Areas Ms. Angela Reeder City of National City Re: 2504 Highland Avenue, National City May 10, 2005 Page 2 of 2 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, SWEE71NATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:jg Enclosure: photocopy of 1/4 SEC. 152 map Pc: Jeff Burriss National City Fire Department 333 E. 16th Street National City, CA 91950 Patricia McColl 3810 Camino Del Rio South, Suite 200 San Diego, CA 92108 Willard and Beth Cheng 2171 India Street, #Q San Diego, CA 92101 Rick Bird, Sweetwater Authority Jane Davies, Sweetwater Authority I:\engr\Dev\Cheng Residence\Cor\wtravl.doc This map was developed by Sweetwater Authority for Internal illustration only. 11 is not designed to provide technical detail, and should not ho used for any olnar purposes without the express writen permission of Sweetwater Authority. Sweetwater Aulhodly- hdp:llsw0nel.sweetweter erg 505 Garrett Ayers. Chula Vista, CA 91912-2329 (619)420-1413 110.2' (619) 425-7469 Location of water facilities aro approximate any, based on record Information For a more accurate location, water facilites must be 5UC-located. Cell USA. ®1-000-422-133 two days prior to excavation. The parcel or road data shown on this map is proprietary information. the use of this Information is pursuant to sublicense agmernenl only. Any resale or relicansirg of this Information Is prohibited, except in accordance with such suhllmnsing agroements. SanGIS - httpllw*w sergis.nrg 1010 Second AV600e, Suite 130A San Diego, CA 92101-4903 Subject Property: 2504 Highland National City 1/4 Sec. 153 APN 560-072-06-00 SCALE: 1 INCH = 200 ET 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-2005-4/Z-2005-6 Project Location: 2504 Highland Avenue Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Eleven lot subdivision of a 16,988 square foot property, and the development of 10 townhomes. Applicant Name and Address: Cheng Capital 2171 India Drive, Suite Q San Diego, CA 92101 Telephone Number: (619) 338-8138 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 32, Section 15332 (Infili Development) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposed development occurs on a 0.39-acre property that is currently developed with four older dwelling units. The site is located within the boundaries of National City and urbanized area. The project will achieve a number of General Plan policies and it can be seen with certainty that the project will not have an impact (traffic, noise, habitat) on the environment. Date: Angela Reeder, Assistant Planner Recycled Paper • • NATIONAL CITY, CALIFORNI 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 Filing Fee $ Date Received E.A.F. Required kxevr Fee $ NA Related Cases &VP — 200S" 1 SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. v ASSESSOR PARCEL NO.�v PROPERTY LOCATION tk21(414,4 -1111 COMBINED GENERAL PLAN/ZONING DESIGNATION GE3'wtr,.\ Qom re r.1 a Tentative Parcel/Subdivision Map Application Revised December, 1998. Page 1 of 3 ED CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: Name: Signature (Signature acknowledges that this application is being filed) Signature (Signature acknowledges that this application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Signature (Signatuiedgies that this application is being fled) Name: Signature (Signature acknowledges that this application is being filed) Address: Address: Phone No. Fax No. Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2of3 Phone No. Fax No. Date: Hpr eu Ub ub: I ap Rpr 20 05 01:48p p.2 P. 2 CIVIL. ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: Name: Signature Signature (Signature acknowledges that this (Signature admowledges 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 in this application: (Attached extra sheets ' net ). Address: Name: _.Signature t toss (Signature acknowledges that this sd) application is being tiled) Address: Phone No. Phone No. Fax No. Fax No. Date: bate: Tentative Parcel/Subdivision Map Application Revised bccember, 1998 Page 2 of3 U4/41/4UU7 M.J7:3/ 017-L74-444Z LINI Vt1JI PPJI L.L iiSUl; CIVIL ENGINEER. OR OTHER AUTHORIZED REPRESENTATIVE Name: FKlc,A M /i ante. .. �. ' �� �. Signature(Sutum igackoowledges that this (Sim achnovAedges lbd this application is being filed) application is being filed) S0/)t o Q/1 zero. (e l9 994 "1WO Fax No, ON ,99U Date:d o vs - Phone No. Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Signal re acknowledges that this (Signature achanowledges that this application is being filed) application is being fikd) Address: Addrais: Phone No. Phone No. Fax No. Fax No. Date: Date: Tentative ParceUSubdivision Map Application Revised December,1998 Page 2 of 3 YAM- 01 (1 13 # 22033 Page 1 'Escrow No. 43031267 -U44 LEGAL DESCRIPTION EXHIBIT LOTS 1 TO 5, INCLUSIVE, AND THE EAST 20 FEET OF LOT 6, IN BLOCK 4 OF FLORA M. KIMBALL'S SUBDIVISION OF THE EAST QUARTER OF 10 ACRE LOT 15 IN QUARTER SECTION 152 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SEPTEMBER 30, 1886. ALSO ALL THAT PORTION OF THE SOUTHERLY HALF OF 25TH STREET, LYING NORTHERLY OF AN ADJOINING SAID LOTS 1 TO 5, INCLUSIVE, AND THE EAST 20 FEET OF SAID LOT 6, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 505 OF THE CITY OF NATIONAL CITY, OF WHICH A CERTIFIED COPY WAS RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY APRIL 25, 1921 IN BOOK 847, PAGE 474 OF DEEDS. EXCEPTING THEREFROM THE SOUTHERLY 40 FEET THEREOF. APN: 562-072-06 DEEDLEGL-08/O0/94bh f// N'11. ('� �fii�,. NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Receipt No. Date Received By E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) ack+tkJ PROPERTY LOCATION between 21'` 25 - and No. th9h tavicl et 1\4f COMBINED GENERAL PLAN/ZONING DESIGNATION Zone Variance Application Revised December, 1998 Page 1 of 4 LEGAL DESCRIPTION: LOTS 1 TO 5, INCLUSIVE, AND THE EAST 20 FEET OF LOT 6, IN BLOCK 4 OF FLORA M. KIMBALL'S SUBDIVISION OF THE EAST QUARTER OF 10 ACRE LOT 15 IN QUARTER SECTION 152 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SEPTEMBER 30, 1886. ALSO ALL THAT PORTION OF THE SOUTHERLY HALF OF 25TH STREET, LYING NORTHERLY OF AN ADJOINING SAID LOTS 1 TO 5, INCLUSIVE, AND THE EAST 20 FEET OF SAID LOT 6, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 505 OF THE CITY OF NATIONAL CITY, OF WHICH A CERTIFIED COPY WAS RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY APRIL 25, 1921 IN BOOK 847, PAGE 474 OF DEEDS. EXCEPTING THEREFROM THE SOUTHERLY 40 FEET THEREOF. REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): We wmn.ia Uk-e -h) eyes d -Wt., -two - tin ht.('10- �+ 5;nle-1ij t4. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). WhtArd 4 Red. Name: . ,!, �'! w,i►_',.LA i.1. Signature IFSIVA(11171" 4 (Sig a'.• .o:•-i:•sthat,his application ig being file Name: Signature (Signature acknowledges that this application is being filed) Address: 9,(1 r WVI . Si, Address: sm;4cQ . , CI R2-W Phone No. cell - Phone No. Fax No. (gi 5 - 33 : - ' I O 1 Fax No. Date: `Q Q 4 -Q 5 Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: il�ar�l J, Meg ", (Please /yj or print Signature: gna application is true a Address: es that the information submitted with this accurate to the best of the applicant's knowledge). 2t1t nairt SGulpey,( (12101 Phone No. (j101- 3 3 $ - 4' 13 C) Fax No. (2Iq - 9)81 - D I S-1 Date: kO4k Zone Variance Application Revised December, 1998 Page 3 of 4 J 4�t erg[.'H.rW R&L (�w .> LNC $ Sa h4+f. It g,*0 RbW4t.4C 'iNMJ If[�' 1.10tt. AA-NWA-nL FM, ir.l„unti 1631 Phrl. (/)UYTY.+LT Cln'.LtiTi 51L.Cf1}. iM1:i1w-V-4WW1,4ES LnTS , 51u[u:MK,TML 4sT tOrT(74 LDT G: OW nt irvf l4 or. In /G• LOT 14 IQ »IHC. 152 or Rimy 4/•. WLWI, ensF Nn 44 , i.0, 0.9N: 56.2-m1. iK '. ZdNlhll+', r 4 ^'�:..:.;'.� pRNATL',�40s /uuti.ln•Hro4 OP1,5'L 'F(ft V M1I 71 � ' flcL3-' JGY-. C'v/LOT A/t[A: ni4s-.:,,L75 4F • 4>%. LVL_! ?3'Sir Lvt_2 A9% ,_v/- Sr, Tnr. sr/•4I4i v1n 4u-Ls,�yny f'/.RRI�Y..4rG4; Sta/4FY1Y1n:1412 GUI �paci 4*A4t/UNR Y1Gu1T( NTb• rust.T4P fp4FIL.M.T N• NW') ii pmts. pSL -- N/GAL s ii; - FLOOR PLAN pti ONN. GM.. NWY2 I'FM 4414,14M1441114INK NATIONAL CITY PLANNIN PT. EXMBIT A CASE FILE NO. S-20O5-4!Ci-2005-7 DATE: 9/12/2005 1. *Ls ow 1.Mp4� I rl 0 11 ' •.• I- HWY DWI 4114341 DETAIL 1 wear 411711/111.401,11,4111 ntalowarramsa 411/41 141.161.111111,40.1 14,TM 14/1 1/11.101111110 MIL Flom an vex, 71441114 411. 14.11101 4•111111 4, amts., car arm .•• atom 1101111111 WI OR LIP te 4,11111 • 'OILY NYE 441 111S01141 11414111 1•4 /411. 4111, 104114101/1/4 311•01, DETAIL 2 zasee 1703 01 awn o a a.S.c as mom aasaaarlirml.fal11. amain trearmarma.mar•mama mow nres ror Alma. rarmerAma r roma aft. so ea10raiAte IN mama maw miss mac lam NA 1110•11, as alma ma, re rrarsm mum ale rorrom or saaarMaIrs moss 1.0011417. 11101011 NM OM la 141/0 MUM 4411! or MI 1/11111111. 11.11111111111, W WRIP WM' A 6 110111•21.1 MN MOM= 11114 .11 tr 1•1722 S4F11.1711.22171114 201231•11111177. TIMINNIV011 Mai r..2•1•Wle mop sato amass a was manna irra.. ea nom am Ns Arra= we are 404111001110111411111114 roma. 211 orammar• Amara sr cams: aanscorr. 41.1. All •11101 El.21,2121/1 •caollo:flio ;3i104T:1u Trir .2112.1•111te. Lr 11111 New I NMI PAVAN }/‘ • J en0 ,L7 if D 1 I I 1 1 1 1 I 1 1 1 1 I Lt I ••• 7.0277.1= as/ a au" 7,•• ams • wow. mown •••=••••••••• • • Mom f • jr. one • •••dgr Zelife:P=4•11101 !mama • . no? . . Arr. sm....aura 1.44 /4114.•414 4/21 -g -ELJE1/ A tk0 Mt*.(*oiMord) InA.1 ann.. Ft 1'2 44417116.014 fr. 7-7 .7 ro 44.1 41,1-19:14 SAA,T WthT ELSATIONS -1- 411160:44 . a I I I BLOWS 4 1/4 64 TION 162 '_OTS "!:-IP.0 20 17A2 NO, 44 A.F.N. 522-0 i 2-22 LEGAL DESCRIPTION: s, ctu455, MVo THE FADE ]o GEE, or LOT 6. IN SLOE* Tom a 6' 40RA M. LINGLEs ARa'Xvw OG THE I52 OF nM1E RANCHO DE LA M051 5 1X *TARTER RFC,. f cN. IH CUE 1 0 Of NATIoNAL o A OROSO 7T DAN OECD. srNO. R' CAI FOIXM. 1' 1140 INO rO R r.E111 0 NO. 0 S 1DI iN C1. OOOGRCE T n1E CWNtt RECOR0FF Or 07 oN OIEO r-E 000 4PENRA 30.O 19S6. ISO 1. PLAT P:Pnw r OE SWMEALY 5.40 OF 25M SPREES, LUX1 , AND TIE OF 4t1 -OT OR SNO LoTS S04110 LE, AND TIE EAST 2C sEEi O 5IA LOT e, s VACATED 410 EEO. TO PUO)C'JSE BY BEYtOnw No 515 1 HE DIY E IX TOE O cor,100 6 00 0 . 1011 00 A4 S W45 RECORDED IX TOE DFSCE D5 159E REX LPOEA 0* s10 sAN wow LWNn APPL 25. '_9S BLCM Ba>, PACE 17I or CEIDS. 4YR1.1.0f. n@REFROR THE S0.?IEFL- 00 PEEP THEREP'. ASSESSOR'S PARCEL NUMBER: 5Ex-072 35 OO EASEMENTS: J SAN 0E00 CAS AND 0EGnaC E0004001 SOURCE OF SURVEY: REED SURVEY PRON. 315 ALCERI ENGNEG30C.101. aID B2 o-uu META. GA an. PNENE: 415519-ap-]090 1aX 515-42,5139 HIGHLAND HEIGHTS TENTATIVE SUBDIVISION MAP NO. BLO6K 4 1/4 6ECTION'162 LOTS R THRU MAP No. 44 A.P.N. 662-072-07 ro' LOT Ib2 SRNF 01. 7 C) G.F 52 Q of 52.33 y S :L2 HIGHLAND AVENUE '2. CL 150 P. (W0.54.:51401 En5nn0 Tl5EXtt5wi SITE INFORMATION roTAI OE MEP. (CROSS): ��9 .C. 5 bee .. NET 4TE .NLO D%5 Au 1�,6b� 92. NVxBER CV LOTS PROPOSED: II ZONING: EMisr 2M1N0: 1101 51 C.1405004. Al PROPOSED EWING RE9opITAL LAND USE ELSY LANVO DSf: APMwwT FRE4.543 LWU USE: SINES GAx4Y IOMXyES FLOOD NOTE FLOOD CONE: DONE 'R' OTSIOE 500 KM ROOD ROM. 4000 INS. RATE NO PANEL N0. 1912r, COIwIITY YAP K. 080203, 01.1ED 00-19-1997. UTIUTY NOTE SVBS+WACE Un11RE5 401M NFAECN ME PLUME FRCN 420 0 INECINA1101.1 MO MAY 0R MAY NOT BE IN THE LOCATION SX01W. 5302 BL ON 4 1/4 62 (ION 162 LOTS 11 7}IRU 20 MAP NO. 44 A.P.N. 682 072-04 & 06 OWNER/ DEVELOPER 31]711004 STREET WOE 0 5AM 01E04 CA 52101-I>57 SiLL.AIA C11ErO OAR 9E7X 01END ENGINEER OF WORK DATE 0N1NDT. NaCOL 44 A OCO:. 2010 CAII540 CEL 1110 MOTE, SUM 200 SAN DEGO. CA 4TOM FL: 15-29�w R4 AwS: m9-254NN2 PATRICIA E N.. RR .3573 041E NOTES: gREMOVE EXIST. TREE 2 REMOVE EMT. BUILDING RAF EAST. MOM. P/7 EAST. CI05 11 arIPA TYPICAL STREET SECTION: HJf JJANI)AVFMIF rw1 ID 5wE LEGEND East 041916 29010* TREES ENST, CUPS Y SLITTER EN5T. RICE COST. FS KKR EMT. P1E ERr, SCRA SAW EAST. SEVER 4RRµ MST. WALL EMS,, w11EN YAM MST. WATER PEER E>.IST, WATER UWM11 CIRR Nc COMMIE IE MON FLOW =ECP. CONCEIVE CUTTER PRO@r/ 1PNE PRWpSD 001.1AT 51WE SPDT EIEVAn.N s1O91 ORAN 5110E ORAN CO. EASM MOM DRMI CLEAN OM WALL LOT NWS0 ABBREVIATIONS 5.25 CD5 h y-ter--y O 0054 20 WN4£ff gULLWY EASING ROW ONE tl2US FLOOR IPGN POMP TOP af MwTION TOP OFWL 20 so 5CUE 1'-2Y LIf1TVBDT, mcCOLL ff A SJOCIATEJ.I.....I1. L KEY MAP MOTTO SCALE Prom. By. :mem JS1MTr .m1 S4VATE5 A, 2010 01.5510 DEL N0 SOD 51E20Q WI CMOE CA 57105 5'—. *LE100 204-4440 YrOII[1 230 12 NRNVND 1NF. IM110124. CRT CA91WD PnM NRRYJ.VD HB0115 MN: NTAINE 9 BENMSOV MAP RN4 5 R.irYn 2' prW' T RM., 1' D. 4- s. I 00 HIGHLAND HEIGHTS /�mN6N CHAM LiXn itXLE M NrI 5V3 MEANING W.W.I 5C CMAY UM, FENCE MIN WM sun PRUNING WALL 50 ze EXIST. GROUND PRGP. GROUND u ---------------- SECTION A -A EASE ° OND SECTION 9-0 sok., N.E. U•-E0' UP. MIKWAY 15 AND REDUCE COSTING 5MR MID DOTTER NM UN% FENCE 5 *15 ALL unrsWT, mcou_ Yam„ RJSOCIATE3,..XX.. •Ua•••••w W •••YuiNM1NwN•YiFFNW Pryor aF nanw 1 wIMDr u.rn U y AFNDDNN s AA.* u10 um P0.�Oa Mg., CX•• R3e110 HI- 441 Pnlu' Adam: 1 g45Aw AYE NANCI1 Cltt CO, 111130 NNPIUNP NEIWS - Mooku•ros RU w la Rr4m IS RU Ym IO ReM m P MMWn k aw•a 0PII: DI a.r UE a LANDSCAPE DEVELOPMENT PLAN HIGHLAND AVENUE NORTH if VBP WATER CONSERVATION STATEMENT wlx,EUKEI@..exN. ovnuuuemmmm RNE AMMIntumicw4Ac o° MISM !MAW tlMIMDA PROMMLwEnwf.1119. DRIVE AISLE DETAIL MAINTENANCE RESPONSIBILITY "M� 4.D1b:.NN.�WI:IviiMilfi� ootlw YN�wA.f �� wm ROOT BARRIER NOTE M1pM4 Mn. rA CANDIDATE PLANT MATERIAL LEGEND �, VE,.ICL.4AtPN4 WOOL ..Pr+ ::.1 AMASIIMM. �.. Iw,E..BD, MIIALO f16RPF�ll OOLE,RR §SBMLRMin}RRE MEUSE P En 41717 EY@tlNE.' RORMIMIVNN mmomm NAMMNI ..'mm�wVMOr NNIMPA D RSARIEM Pt�IMBA 9113,..R0RD4P012oDR.EN J. M CNOP hAVATICAn PREPMEDFO clone unto T1,PWONEET PPEPMFDBV: UCCULIS.611tAcerAPE 3.m. p111[ sun.. DOOS, CA %NNE: naEln LOT NUMBER, API: PROJECT NRME: LOTS 1,41111CLUANE ]tl1NWMDAIE MIN 20.10, MR AM n &: AMR CAL 2504 HIGHLAND AVENUE REVISION T. r REVISION O: PENSIONS: PENSIONS: RENSIONE.00N a. 1': REVISION I: ORIG. OATE:O13404 2 DEPTF J N$ ; A.hs4Nc 4 "EXHIBIT B" SAMPLE BUILDING MATERIALS HANDOUT: (to identify the quality of building materials proposed) 1. Roofing Materials example 2. Awning example 3. Railing / Balcony example 4. Front door example 5. Garage door example Narrow Batten (3/8" x 1 ") AEP SPAN Tulsa Junior College Tulsa, OK 12", 16", 18" or 20" coverage Manuf, Location: Texas ap. Seam Standing seam s ems that can the curves. Both Cap Seam and Select Seam narrow batten profiles can be machine curved for an aesthetic appeal. Both profiles are offered tapered for conical roof applications. Cap Seam is available with factory notching to make for an easier installation and clean detail at the eave and ridge. Select Seam's wide batten profile adds a bold definition to non -curved roofs. Manuf. Location: California Wide Batten (1 7/8" x 1 7/8") Cap Seam CONCEALED FASTENER PANEL Select Seam CONCEALED FASTENER PANEL Tukwila Community Center Tukwila, WA Curved Narrow Batten 16-1/4" or 21-1 /4" coverage (Narrow Batten) 17-1/2" or 22-1/2" coverage (Wide Batten) craw or Wide`,B tt n Curved'Selec Seam® EIIRE) FASTENER PANEL Roof and Wall systems that have the Award Winning Touch. Fits a variety of building solutions: new construction, renovation, economical mansards or equipment screens. Excellent spanning capabilities. Matching flashings, accessories and self- sealing screws are available. 11h" Coca Cola Bottling Co. z`' Sacramento,: CA Far Left: Emerald Downs Race Track, Aubum, WA Box Rib THRU FASTENER PANEL Rassmussen Mercedes Dealership, Wilsonville, OR Far Left: Saffron Complex Redmond, WA 1-4-- 36" Net Coverage --->d Manuf. Locations: Washington & California Manuf. 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City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 AGENDA ITEM NO. 13 ITEM TITLE Public Hearing — Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 E. 19th Street (Applicant: CondoConversions.com) (Case file no. S-2005-3 / CUP-2005-4) 012- PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The proposed project involves the conversion of nine (9) existing apartment units at the corner of East 19th Street and F Avenue into condominiums. Minor renovation of the exterior of the buildings, the courtyard area, and site landscaping will occur. Additionally, the interior of each unit will be renovated to include new paint, kitchen appliances, plumbing fixtures, flooring/carpet, cabinets and kitchen countertops, as needed. Conversion of the existing rental units to condominiums would address the need for homeownership opportunities in the City. The Planning Commission held a public hearing on this item at their November 7, 2005 meeting. The attached background report describes the conversion in further detail. i Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the Tentative Subdivision Map and Conditional Use Permit. Vote: Ayes — Reynolds, Martinelli, Baca, Alvarado, Carrillo, Pruitt. Absent: Flores, Graham ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 33-2005 Including Findings and Conditions of Approval 3. Location Map 4. Site Photographs Resolution No. 5. Department and Agency Comments 6. Notice of Exemption 7. Application 8. Applicant's Plans (Exhibits A, B, C, and D) A-200 (9/99) BACKGROUND REPORT The project site is located at 603-609 East 19th Street. The approximately 0.43-acre site sits south of Otis Elementary School, at the corner of F Avenue and Fast 19th Street. The historic Stein Farm is located to the west across F Avenue. As a corner lot, the site has pedestrian access from two City streets; however, vehicular access to the site is obtained through the alley that lies between F Avenue and G Avenue. The site is developed with a single -story house, three two-story apartment buildings, and a small paved surface parking lot. The three apartment buildings, eight units, were added to the site in 1991 through a Planned Development Permit obtained from the City. The buildings are located roughly around the exterior of the property, and face a small central courtyard containing three guest parking spaces and a shared patio area. The three -bedroom single-family home sits at the southwest corner of the lot. The building on the west side of the lot faces F Avenue and includes four (4) townhome style units. The building located on the north side of the property includes one upstairs unit above garage and carport parking below. The fourth building sits on the southeast corner of the lot and includes three units and several garages. There are a total of 16 parking spaces provided on -site. Thirteen spaces are reserved for the units on site: three two -car garages, one two -car carport, and five one -car garages. Three parking spaces are for guests and are provided in the surface lot. Parking stalls are between 9 feet wide and 16 feet deep, with a 24-foot wide access aisle. Other site improvements include the centrally located patio area, a trash enclosure, and fencing/walls at much of the perimeter of the site. The property is also landscaped along F Avenue and 19th Street and the courtyard area is landscaped with various shrubs and plants. Of the 9 units, six are 2-bedroom and 1' bath units, two are 2-bedroom and 1-bath units, and one unit has 3-bedrooms and 1 bath. None of the units have any private open space, with the exception of a front porch for the units along F Avenue. As indicated in the attached Property Condition Assessment (PCA) report, the property is in overall fair condition with some defects noted. Maintenance of the subject property's major systems, components, and equipment appears to be in place (see Property Assessment Report). Recent repairs and maintenance have been made to the property in conjunction with unit turnover. The applicant is proposing to convert the existing 9 units into condominiums. As condominiums, the units will be the same size and have the same floor plan as they currently exits. The conversion will involve minor renovation of the exterior of the buildings, the courtyard area, and site landscaping. For example, the buildings will be painted, new windows will be provided, the replacement or enhancement of exterior lighting and fixtures, additional landscaping around the exterior, and new bench seating and barbecue in the courtyard (see attached Renovation Details submitted by the applicant). Additionally, the interior of each S-2005-3 / CUP-2005-4 Condominium Conversion unit will be renovated to include new paint, kitchen appliances, plumbing fixtures, flooring/carpet, cabinets and kitchen countertops, as needed. Finally, the applicant has indicated that all of the needed repairs noted in the attached PCA report will be addressed. The PCA report proposes repairs needed immediately as well recommended longer -term repairs. The applicant's Renovation Program includes many of the recommended exterior and interior improvements to the units and site, and all improvements must be carried out before sale of any units. In order to pursue the conversion of the apartments to condominiums, the applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit as required by City ordinance. There are a number of General Plan policies that are relevant for this proposal including the increase in the number of home ownership opportunities. General Plan policies also encourage high quality development and unit sizes that exceed the minimum requirements in the Land Use Code. The applicant proposes to make several changes, such as new appliances and cabinetry in the units, additional landscaping, and a new barbecue area that are not required by Code; these changes should result in a somewhat higher quality development. Since it is impractical for most proposals converting apartments into condominiums to meet current the Land Use Code requirements, 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 two and three -bedroom apartments to what will be provided to allow for a full analysis. The table below summarizes this. Comparisons of current Code Requirements with the existing development Required for new condominiums Required for 2 & 3 bedroom apartments Existing On -Site Parking spaces 2 spaces/unit, plus guest parking 1.5 spaces/unit, plus guest parking 1.44 spaces/unit, plus 3 guest spaces Unit size 1,000 square feet 800 / 1000 square feet 750-850 & 1,100 sq-ft (average) Useable open space' Up to 2,700 square feet Up to 2,700 square feet Approximately 1,300 square feet Density 22.9 units/acre 22.9 units/acre 20.8 units/acre Based on 9 units As you can see, the unit sizes average just at the City required size for new two -bedroom apartments, and the three -bedroom unit is larger than the required size for an apartment. However, eight of the nine units are smaller than the City requirement for new condominiums. Also, there is less useable open space provided than would be required of a new development, primarily since there is no private open space (patios or balconies) S-2005-3 / CUP-2005-4 Condominium Conversion for the units; however, the existing common open space will be enhanced through the addition of a courtyard seating/ barbecue area and minimal site landscaping improvements. Finally, while the amount of parking provided is also less than would be required of new development, it does provide at least one covered space for each unit, as well as three guest spaces. In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant had a Property Condition Assessment (PCA) report prepared. The PCA included an assessment of all structural and mechanical systems, as well as a Pest Report. As stated before, the PCA report found that generally the property is in fair condition with only some defects noted. It does, however, contain recommended repairs which are fully detailed in the attached report, including repairing the roof, painting the exterior of the buildings, replacement of windows, abatement of mildew and mold, and installation of new fixtures. A Pest Control Report was also prepared for the project and identified subterranean and drywood termites, fungus -dry rot and other moisture concerns. A condition requiring that the recommendations of the Pest Report be implemented prior to sale of the units has been included. A condition of approval recommending that all of the repairs and improvements identified in the Property Condition Assessment including the recommended short and long-term repairs and improvements for the structures shall be completed prior to sale of any unit has been included. A condition has also been included 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. While the City requires a performance bond to be put up by the developer to ensure that proposed and required off -site improvements are made, a condition requiring City Attorney review and approval of a Lien Contract and Agreement not to convey has been attached for all on -site improvements. The Lien Contract will ensure that all proposed and required on - site improvements are made prior to the sale of any units. This alternative was applied to previous condominium conversion projects approved in the City. Finally, conditions recommended by the Engineering and Police Departments and Sweetwater Authority have also been attached. Planning Commission held a public hearing on this proposal November 7, 2005. There was no public testimony on the project, but the Commissioners briefly discussed the project and the conditions of approval. The Commission voted to recommend approval of the proposal, finding the creation of nine (9) homeownership opportunities consistent with the General Plan and a benefit to the residents of the City. S-2005-3 / CUP-2005-4 Condominium Conversion RESOLUTION NO. 33-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT TO CONVERT 9 APARTMENTS INTO CONDOMINIUM UNITS FOR INDIVIDUAL SALE AT 603-609 E. 19TH STREET APPLICANT: CONDOCONVERSIONS.COM CASE FILE NO. S-2005-3/CUP-2005-4 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit to convert 9 apartments into condominium units for individual sale at 603- 609 E. 19th Street on property generally described as: Lots 5, 6, 7, 8, 9, and 10 in Block 3 of Subdivison by W. S. Bullis, Map 201 filed in the Office of the County Recorder of San Diego County May 21, 1881, together with vacated street adjacent ("F" Avenue) WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 7, 2005 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2005-3 and CUP-2005-4 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed Tentative Map is consistent with the National City General Plan and applicable specific plans, since the project will create 9 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing units will create 9 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the planned Renovation Program and each unit interior will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing. multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 9 new homeownership opportunities that should be attractive to first time homebuyers will allow for mobility in the housing market, and since the increased rate of homeownership may translate into an improved property appearance. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map and conditional use permit to convert 9 apartments into condominium units for individual sale at 603- 609 E. 19th Street subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 603 East 19th Street, including 9 residential units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, B, C, and D, Case File No. S-2005-03 / CUP 2005-04, dated 6/24/05 and 9/12/05, respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment shall be implemented prior to release of any unit for sale. Such improvements include the replacement of the roof, as need, exterior painting of the building, replacement of windows, enhanced landscaping, replacement of balcony railing, repair balcony deck, addition of a barbeque area and bench seating in the common area. The interior improvements include painting the interior of the units, replace flooring, replace or refinish cabinets, replace plumbing fixtures, lighting and other fixtures, provide new kitchen countertops where necessary and install new kitchen appliances. 4. All of the recommendations of the Property Condition Assessment including the eradication of the subterranean and dry wood termites, fungus -dry rot, abate the mildew and mold shall be implemented prior to release of any unit for sale. 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, to ensure that the improvements for the project site are completed. 6. The Covenants, Conditions and Restrictions (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 (CC&R's), 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. The gas water heater for unit #605 shall be replaced. 9. The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 10. 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. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. 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. 13. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. Show filtering system for the parking lot. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. A private storm water filter treatment maintenance agreement shall be signed and recorded. 14. 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. 15. 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. 16. 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. 17. 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 map plan, checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours and consultant services. 18. 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. 19. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 20. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. There is one pole and one service pole that would be underground at this location. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The parcel 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. 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.\ 24. 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. 25. 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. 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. 25. 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. 26. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m. or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 27. 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 commonareas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 21, 2005 by the following vote: AYES: Carrillo, Pruitt, Alvarado, Baca, Martinelli; Reynolds NAYS: ABSENT: Graham ABSTAIN: Flores ffe CHAIRWOMAN PROJECT LOCATION LOCATION MAP Conversion of nine (9) rental units to condominium ownership S-2005-3 / CUP-2005-4 NATIONAL CITY PLANNING /0 DRN. DATE 10/03/05 INITIAL HEARING: 10/17/04 ite Photographs: S-2005-3/CUP-20055 View of the project site from F Avenue View of the project site from the alley on the east side of the site // City• National Cit • Y Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR THE CONDO CONVERSION AT 19TH STREET AND "F" AVENUE 16 MAR 2005 PM e- Date: March 15, 2005 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: CONDO CONVERSION AT 19TH STREET AND "F" AVENUE 1. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. Show filtering system for the parking lot. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. A private storm water filter treatment maintenance agreement shall be signed and recorded. 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. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. ® Recycled Paper • Planning Department March 15, 2005 Page 2 5. 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 map plan, checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours 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. 3. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. There is one pole and one service pole that would be underground at this location. 4. All new property line survey monuments shall be set on private property, unless otherwise approved. 5. The parcel 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: j ha 19thfavenue REV. 3/15/05 xc: Din Daneshfar • Page 1 of 1 Lanny Roark From: Lanny Roark Sent: Thursday, March 17, 2005 9:50 AM To: Angela Reeder Subject: Ref: Case File # s-2005-3/CUP -2005-4 603, 605, 607 & 609 E. 19th Street Apartment -Condo Conversions. The Police Department requests that the conversion project comply with our provisions of Crime -free Multi Housing criteria and Crime Prevention through Environmental Design (CPTED) standards as a condition of approval. We will make personnel available for on -site review/inspection or to meet with developers. We can provide written material on requested standards as needed. Thank you, L. Brent Roark Administrative Staff Sergeant 3/17/2005 SWEETWATER AUTH ORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org March 16, 2005 Ms. Angela Reeder, Assistant Planner City of Nationai City Planning Department 1243 National City Blvd. National City, CA 91950 17 MAR 2005 AM11:5? 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 Subject: WATER AVAILABILITY CASE NO.: S-2005-3/CUP-2005-4 A.P.N.: 560-233-09-00 603 EAST 19TH STREET (CONDO CONVERSION), NATIONAL CITY SWA GEN. FILE: WATER AVAILABILITY, 2005 Dear Ms. Reeder: This letter is in response to the Tentative Subdivision Map and Conditional Use Permit Application Form for the subject project within the Sweetwater Authority (Authority) service area. There is an 8-inch water main located on the east side of "F" Avenue and a 4-inch main located on the north side of 19th Street. The Authority's records indicate that there are two existing domestic water services fronting this parcel. Enclosed is a copy of 1/4 SEC. 153 map that shows the existing water facilities. The existing water services should be adequate since no structural changes are proposed for the project, unless the National City Fire Department has any additional conditions. The Owner must submit a letter to the Authority from the National City Fire Department stating that there are no additional fire flow requirements for this project. If there are additional requirements, the Authority will determine if there is a need for new water systems or substantial alteration to the existing water system, The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Should any additional services be needed, they will be required to have a backflow prevention assembly installed. If the Owner provides the required fire flow information and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 86 p.s.i. to a minimum of 76 p.s.i. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas ............................. ... s Ms. Angela Reeder, Assistant Planner City of National City Re: Water Availability — 603 E. 19th, National City March 16, 2005 Page 2 If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:jg Encl.: Copy of portion of 1/4 SEC. 153 map pc: National City Fire Department 333 E. 16th Street National City, CA 91950 San Remos Villas, LLC 5575 Lake Parkway, Suite 218 La Mesa, CA 91941 I:\engr\Gen\Water Availability\reeder_e 19th_conversion.doc Des nlep was developed by Syeetoster Authority for Intefrel illustration only. 11 Is not designed to provide technical detail. and should not be used Ip an, other pl11pp30g We6mll the express written permission of Sweetwater Authority. Sweetwater Authority - htlp:fss enot-sweetwater.org 505 Garrett Avenue Chula Vista, CA 91912-2320 (6191420-1413 FAX: (619) 425-7469 Location of water fan:Naos ere approximate cny, leased on record informe>un. Fore more accurate location, water teethes must 60 -.Skid-located, Cell U.SA. ® 1-800-422-4133 o days price to excevaboo o parcel or road data shown on Nis map is ',monetary infonnelion. The use of Nis Information is pursuant to sublicense agreement unity, Any resale or rellconsing of this Information Is prohibited, except in accordance with such sublimnsing agreements. SanGlS - hhp/Iwww.sargis. erg 1010 Second Avenue, Suite 130A San Diego, CA 92101-4903 Subject Property: 603 E. 19th St. National City 1/4 Sec. 153 APN 560-233-09-00 SCALE: 1 INCH = 200 FEET /7 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: Case File No. S 2005-03 / CUP 2005-04 Proiect Location: 603 E. 19th Street Contact Person: Angela Reeder, AICP Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Proiect: Tentative Subdivision Map & Conditional Use Permit to convert 9-units to condominiums at 603 E. 19th Street. Applicant Name & Address: James Algert 428 Broadway Chula Vista, CA 91910 Telephone Number: 619-420-7090 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 ❑ Not subject to CEQA (Sec. 15061b3) 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 area. Date: Mary Jo Wilson, AICP, Principal Planner 6 Recycled Paper • 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 5-z0el' 3 Filing Fee $ , kirk. Receipt No. Date Received 2 kg it< By Mityl,-cw E.A.F. Required AI 1,4-- Fee $ Related Cases GUI P- WITS — t{- SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. PROPERTY LOCATION 560-233-09 603 East l9th Street COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised March, 2003 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: James H. Algert Name: Signature .4 - 6Signature (Signature acknowled that this (Signature acknowledges that this application is being filed) application is being filed) Address: 428 Broadway Address: Chula Vista, CA 91910 Phone No. 420-7090 Fax No. 420-9139 Date: Phone No. Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 5575 fake Park way S-718 Address: La Mesa, CA 91942 Phone No. 619-846-9911 Phone No. Fax No. Fax No. Date: Date: Tentative ParceUSubdivision Map Application Revised March, 2003 • APPLICANT Name: San Remos Villas, LLC (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 5575 Lake Park Way Suite 218 La Mesa, CA 91942 Phone No. 619-846-9911 Fax No. Date: Tentative Parcel/Subdivision Map Application Revised March, 2003 NATIONAL CITY, CALIFORNIA APPLICATION for x Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM • FOR DEPARTMENT USE ONLY Case Number CL4 P - - Lf Filing Fee $ Receipt No. Date Received A/ < ByMA,n-t'Al E.A.F. Required N I A' Fee $ Related Cases S " ' LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Lots 5, 6, 7, 8, 9 and 10 in Block 3 of Subdivision by W. S. Bullis, Map 201 filed in the Office of the County Recorder of San Diego County May 21, 1881, together with vacated street adjacent ("F".Avenue). PROPERTY LOCATION 603 No. E. 19th Street Street between "F" Avenue and "G" Avenue COMBINED GENERAL PLAN/ZONING DESIGNATION RM1 - PD Conditional Use./Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 • • REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: Conversion of Existing Apartments to Condominiums Persuant to Municipal Code Section 18.74.020 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: San Remos Villas, LLC Name: Signature (ilruftTj ignature (Signature acknowledges that this application is being filed) Address: 5575 Lake Park Way, S-218 La Mesa, CA 91942 (Signature acknowledges that this application is being filed) Address: Phone No. 619-846-9911 Phone No. Fax No. Fax No. Date: �/4/NS " Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2of4 ..7 • • APPLICANT Name: San Remos Villas. LLC (Please ty Signature: )(1 (AcE"T) (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 5575 Lake Park Way, Suite 218 La Mesa, CA 91942 Phone No. 619-846-9911 Fax No. Date: Zf /!.1/4� Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 �f City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 12/6/2005 AGENDA ITEM NO. 14 ITEM TITLE Formation of Paratransit Issuance Evaluation Committee PREPARED BY Bill Yeomans W DEPARTMENT Finance Interim Finance Dir for Ext. 4331 EXPLANATION The City Of National City has received five proposals requesting paratransit vehicle permits and medallions for operation in the City. To review these proposals and make a recommendation to the City Manager, the Mayor and City Council may establish an Issuance Evaluation Committee comprised of two Council members and a specified number of staff members. The Issuance Evaluation Committee will also make recommendations to the City Council from time to time concerning the establishment of numerical limits on the number of permits and/or medallions to be authorized. This is the procedure outlined in the RFQ for paratransit vehicle permits dated September 16, 2005. Environmental Review .X_ N/A Financial Statement Account No. STAFF RECOMMENDATION Establish an Issuance Evaluation Committee comprised of two Council members and a specified number of staff members to review these proposals and make a recommendation to the City Manager. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Request for Proposals Resolution No. A-200 (9/80) REQUEST FOR QUALIFICATIONS DATE: SEPTEMBER 16, 2005 Subject: REQUEST FOR PROPOSALS TO QUALIFY FOR PARATRANSIT VEHICLE PERMIT(S) The City of National City is accepting submittals from qualified applicants for requests for paratransit vehicle permits and medallions for operation in the City of National City. The requirements for such submittals are set forth herein. I. PROPOSAL REQUIREMENTS A. The City of National City will accept submittals until 5:00 p.m. on Monday, October 10, 2005, in the City Clerk's Office, c/o Finance Department of the City of National City, 1243 National City Boulevard, National City, 91950. All submittals must be in writing with the documentation accompanying the submittal. No submittals will be taken by telephone, fax, or other method, other than by mail or personal delivery to the City Clerk. Proof of actual receipt by the City may be requested but the City is not responsible for lost or stolen submittals sent through mail delivery, without proof of receipt. B. By submitting a proposal, the applicant authorizes the City of National City to perform all investigations necessary to determine suitability and number availability for the issuance of permits and medallions by the City. C. A minimum qualification for the submittal to the City of such proposals require that the submittal applicant is currently, and will continue in the future, to be able to comply with the City of National City Paratransit Ordinance and Implementation Regulations. The applicant must successfully complete a Permit Application at the time of submittal. Actual submittal of a proposal will constitute affirmation that compliance with said regulations will be effectuated by the permit applicant. Upon the City's grant of a permit to a new permit holder, completion of an application in accordance with the above regulations will thereafter be required with payment of the required fees, as set forth in Section 11.70 of the Municipal Code. 1 D. No fees are required by the City at the time of submittal of this request for qualified applicants. However, all City -approved new permits and new medallions will require the applicable fees be paid to the City prior to their actual issuance, according to the fee schedule for Taxicab and Other For -Hire Vehicles and Drivers, including the fee of $3000 per permit and $100 per medallion. The Fee schedule is attached, and is also available in the Finance Department of the City of National City. E. This procedure and its requirements are set forth in accordance with, and are consistent with, the City of National City Municipal Code, Section 11.70 et seq., pertaining to the regulation and operating requirements of paratransit vehicles operating in the City of National City, and the Implementation Regulations for Paratransit Vehicles related thereto. The Applicant must comply with the above regulations and the herein noted eligibility and submittal requirements, among other applicable requirements. H. CITY CONSIDERATIONS A. Applicants will not be discriminated against on the basis of race, creed, national origin, gender, religion, sexual orientation, age, and other such constitutional protections. Preference may be given to applicants who operate their paratransit vehicle headquarters in the City of National City. The City of National City reserves the right to reject any and all submittals at its discretion where the applicant's proposal does not meet the qualifying criteria. B. The Mayor and the City Council of the City of National City will establish an Issuance Evaluation Committee comprised of two Councilmembers and a specified number of staff members to review such submittals and make a recommendation to the City Manager as to granting or denying the request for permit(s). Decisions as to the granting or denial of submittals may take up to 90 days. Submittals of all such proposals shall be to the City Clerks Office, c/o Finance Department at the City of National City. The Issuance Evaluation Committee will also make recommendations to the City Council from time to time concerning the establishment of numerical limits on the number of permits and/or medallions to be authorized. C. The availability of permits and/or medallions to be issued by the City will be based on City Council approval of a maximum number of permits and medallions authorized, based on its discretion as to the needs for service to its citizens. The determination of the number of permits and medallions allowed is subject to the discretion of the City, which holds the discretion to change by decreasing, increasing, or keeping the number of permits and medallions to operate available at any time. The City Manager is not required to issue the maximum amount set by City Council, unless in his or her discretion, it is warranted, based on need and qualifications of the proposals. The current or previous holding of a permit or medallion is not, nor should it be considered, an entitlement or property right of such holder. The rights to the issuance or renewal of permits and medallions are the exclusive right of the City of National City. Permits and medallions are subject to annual reconsideration. 2 III. ELIGIBILITY A. Paratransit operators who are immediately able to operate a legal paratransit vehicle in the City of National City are eligible to apply. They must provide: 1. A centralized fleet ownership of paratransit vehicles through a partnership, corporation, drivers' association, or a limited liability corporation. 2. A 24-hour staffed central dispatch system, demonstrating an operational management system for paratransit vehicles. 3. Usage of a GPS by at least 50% of the fleet. 4. Credit card acceptance from passengers for payment of fares. 5. Minimum driver age requirement of 21 years of age. 5. A 20 hour minimum of driver training requirement by the company. 7. Meet minimal insurance requirements as set forth in the City's Implementation Regulations and Section 11.70 of the Municipal Code. 8. Agreement to comply with the City's Equal Employment Opportunity Plan and incorporation of the Plan into their operation. B. Submittal of all required information is the responsibility of the applicant. Factual accuracy, completion of all required documentation, and timely submittal is required of the submittal applicant for eligibility. IV. REQUIRED INFORMATION FOR SUBMITTAL A. General Applicant Information 1. Name, address, and telephone number of the applicant and person submitting the proposal, if different. 2. Designation, details as to the form of the business, and supporting documentation as to the legal existence of the business entity, including all identification information for the business such as corporate number, Articles of Incorporation, bylaws, and related documents. B. Completion of the City of National City's Permit Application for Taxicab and For -Hire Vehicles. C. Five references of clients or business entities who can attest to the applicant's quality of service provided for paratransit vehicle service. 3 D. A Management Business Plan, to include descriptions of the following, all of which may be utilized to evaluate the decision to grant or deny the proposal request: 1. The provision of a centralized fleet ownership by the entity. 2. The Central Dispatch System, GPS, and communication technology employed by the applicant. 3. Experience, training, and qualifications of applicant and their managers, drivers, and owners. 4. Summary or report of response times for past three years (or a set standard for response times for new companies). 5. Proof of credit card usage for customer fares. 6. Customer Complaint Procedure. 7. Vehicle storage, repair and maintenance monitoring systems for the vehicles for effective functioning. 8. Drivers retention, hiring criteria, training, and minimum required experience. 9. Chart and description of existing personnel positions. 10. Submittal of a plan for ongoing monitoring and evaluation of the applicant's level and quality of service and accountability. 11. Record keeping system. 12. List of all other cities or other entities for which permits are currently held or intended in the year subsequent for paratransit vehicle service. 13. The dates, names, and explanation of all past license or permit revocations of any and all drivers, owners or managers of the applicant's entity. 14. Facilities and headquarters location and description. 15. Safety program details. E. Submittal of a letter from an accredited financial institution stating that the applicant has the resources to fund the Management Business Plan within 90 days of the award of the permit(s). V. Protest Process A. The applicant must demonstrate or establish a clear violation of a specific law, regulation, or standard by the City. B. The protest must contain a statement of the grounds for the protest and all supporting documentation. C. The City may request additional information. D. The Issuance Committee will review the protest, and the applicant has the opportunity to meet with the Issuance Committee prior to a decision by the Issuance Committee in regards to the protest. E. The protest decision will be rendered within 30 days, unless extended due to the need for further investigation or by permission of the parties. 4 ITEM #15 12/6/05 NATIONAL CITY PROGRESS REPORT October 1, 2005 - November 1, 2005 The mission of the Alpha Project is to empower individuals, families, and communities by providing work, recovery and support services to people who are motivated to change their lives and achieve self-sufficiency. Since October, 2004, Alpha Project has been working in National City providing outreach services to the City's growing homeless population. Alpha Project's Take Back the Street Program provides the City of National City outreach and community services one day out of the week with a crew of three persons and one supervisor. Alpha Project's TBS program has assisted with homeless mitigation in National City with referrals, weed abatement, clearing homeless camps, outreach, and tree skirting or removal of trees and debris. Since the inception of the program, Alpha Project has been providing walking patrols in Kimball Park twice a day once, in the morning and in the afternoon. To date, Alpha Project has provided community revitalization/cleanup and outreach at the below sites. 10-07-05 - cleaning of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • Behind Smart and Final, • 99 Cent Store, • Behind Big Lots, • Toys R Us, 10-14-05 - cleaning up of transients camps, weed and tree trimming, cutting brush, hauling debris to dump, • Kimball Park Outreach, • 99 Cent Store, • Behind Toys R Us, • 3600 East 8th Street, •- 8th and Highland, 10-21-05 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • 99 Cent Store, • Highland & 8th Street, • Cleveland & Civic Center Drive, • 8th and Highland, • Ha Penny, • Paradise Motel, 10-28-05 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • Palm and Division, • Kimball Park Outreach, • Smart and Final, • Euclid & E. Plaza 2500 Block., • Cozines Liquor, This month Alpha Project has been to the aforementioned locations at least four / five times each and some locations more than five times. We have cleaned and removed approximately 4.83 net tons of homeless camps, trash and debris. We have trimmed and skirted 15 trees. Alpha Project has provided outreached to 1 homeless men, women, and teens ranging from 15 to 68 years of age. Alpha Project has housed zero of those homeless people and offered services to all. About half of the homeless population that Alpha Project encounters in National City is from out of State. On average, contacts have been homeless from one day to 20 years. A portion of those people are on SSI, but refuse to get help. Approximately 75% of those offered services are on drugs and/or alcohol. Many collect cans and panhandle for money to buy food and support there drug or alcohol habit. The homeless of National City have been living underneath bridges, in the river beds, in the City's parks and recreation areas, flood water channels, churches, on -ramps, and in commercial and residential foliage. Alpha Project for the Homeless would like to thank the City of National City for the opportunity to collaborate with the City to provide meaningful solutions to its homeless dilemma. Of course, we could provide a more thorough outreach and community revitalization if we had more than one day a week to provide said services. Attached, you will find numerous pictures that have been taken within the City demonstrating our work. Karen Pucci, Community Projects Manager