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HomeMy WebLinkAbout2005 12-20 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — December 20, 2005 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager any matter that you desire the City Council to consider. We thank you. for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council action must be brought back on a subsequent Council Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audibfonos esttn disponibles en el pasillo al principio de la junta. I // Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 12/20/05 PAGE 2 PROCLAMATION/RESOLUTION 1. Recognizing Manuel (Tala) Por llo for the work he has done at Casa de Salud (Councilman Natividad and-Councllwoman Zarate) Proclaiming December 2b, 2605 as: "Manuel Portillo Day" 2. Resolution to support Assembly Bill 438 to protect families living in rental communities from serious and high -risk sex offenders. (Mayor Nick Inzunza) PRESENTATIONS 3. Employee of the Month Program: Lizza Galindo -Rojas, Office Assistant = Human Resources Norma J. Maggiora, Administrative Secretary — Community Services 4. Workshop/Discussion of Current Budget Situation. (City Manager) INTERVIEWS/APPOINTMENTS 5. Appointment — Vice Mayor (Council Initiated) 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. 6. Approval of the Minutes of the Regular Meeting of October 18, 2005. 7. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) COUNCIL AGENDA 12/20/05 PAGE 3 CONSENT CALENDAR (Cont.) 8. Resolution establishing Underground Utility District No. 24 (Phase 1) on 8th Street from National City Boulevard to Highland Avenue. (Engineering) 9. Resolution of the City Council to approve, accept and record final subdivision map located at 16th Street and "M" Avenue. (S-2000-2) (Engineering) 10. Resolution of the City Council of the City of National City adopting the Mitigated Negative Declaration for the street widening improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue. (Engineering) 11. Resolution authorizing the City Engineer to establish a red "No Parking" zone adjacent to the south driveway at 1828 "B" Avenue. (E. Rodriguez, TSC Item No. 2005-37). (Engineering) 12. Resolution of the City of National City approving Change Order Number Two to Heffler Company, Inc. for National City Blvd. 7th Street to 12 Street improvements, in the amount of $22,338.30 to adjust contract from estimated quantities to actual quantities for various units of construction and adding additional electrical meter pedestal, traffic loops and petromat fabric, and authorizing the City Engineer to sign the change order. (Funding for this project is provided by the National City Community Development Commission). (Engineering) 13. Resolution of the City Council to approve, accept and record Paradise Walk final subdivision map. (S-2005-5, PD-2005-3, IS-2005-1) (Engineering) 14. Resolution of the City Council of National City approving Change Order Number One with. MJC Construction in the not to exceed amount of $150,000 for the removal and disposition of contaminated soils from the first phase of the Paradise Creek Educational Park Project. (Public Works/Community Services) 15. Resolution approving a 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. (Applicant: Cypress Glen, LLC) (Case File No. S-2005-10) (Planning) COUNCIL AGENDA 12/20/05 PAGE 4 CONSENT CALENDAR (Cont.) 16. Resolution of the City Cduficii authorizing the Mayor to execute a Mills Act Historic Preservation contract for 906 A Avenue. (Applicant: Janice Martinelli) (Case File M-2005-1) (Planning) 17. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding the Urban Area Security Initiative (UASI) Grant Program. (Fire) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Paradise Valley Hospital in the amount of $266,110 to perform Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes grant. (Building & Safety) 19. Resolution reciting the fact of the special municipal election held on November 8, 2005, declaring the result and such other matters as provided by law. (City Clerk) 20. WARRANT REGISTER # 21 (Finance) Ratification of Demands in the amount of $1,083,613.67 21. WARRANT REGISTER # 22 (Finance) Ratification of Demands in the amount of $1,433,952.26 22. WARRANT REGISTER # 23 (Finance) Ratification of Demands in the amount of $987,053.83 ORDINANCE FOR INTRODUCTION 23. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by adding Chapter 10.48 pertaining to responsible beverage sales and service. (Police) COUNCIL AGENDA 12/20/05 PAGE 5 PUBLIC HEARINGS 24. Continued 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) 25. Public Hearing — Tentative Subdivision Map for the consolidation of three properties on the east side of the 1900 block of Palm Avenue into an approximately 34,500 square foot lot with a planned development permit for eight single-family homes (condominium ownership) and variances for exceeding density and wall height limits. (Applicant: Diaz Development) (Case File No. S- 2005-6/PD-2005-4/Z-2005-7) (Planning) 26. Public Hearing — Conditional Use Permit for a wireless communications facility on the National City Middle School property at 1701 D Avenue. (Applicant: NEXTEL Communications) (Case File CUP-2005-16) (Planning) NON CONSENT RESOLUTION 27. Resolution of the City of National City awarding a contract in the amount of $1,159,000 to Portillo Concrete, Inc. for the Highland Avenue Medians, Phase I - 8th to 16th Street Improvements Project. (Funding for this project is provided by the National City Community Development Commission) (Engineering) NEW BUSINESS 28. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility in an existing shopping center at 914 East 8th Street. (Applicant: Cingular Wireless) (Case File CUP-2005-10) (Planning) 29. Notice of Decision — Approval of a Planned Development Permit to construct a 2,184 square foot, 2-story duplex at 1026-28 B Avenue. (Case File No. PD 2004- 06) (Planning) NEW BUSINESS (Cont.) COUNCIL AGENDA 12/20/05 PAGE 6 30. Request by South Bay Youth Football & Cheer Association to use the Martin Luther King, Jr. Community Center and to waive all fees for their "Awards Banquet" on Saturday, January 21, 2006. (Community Services) 31. National City Transit Monthly Transit Report — (John P. Webster, Sr., General Manager, National City Transit) STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) One Potential Case Next Regular City Council Meeting — Tuesday — January 17, 2006 - 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 12/20/05 PROCLAMATION/RESOLUTION RECOGNIZING MANUEL (TALA) PORTILLO FOR THE WORK HE HAS DONE AT CASA DE SALUD (COUNCILMAN NATIVIDAD AND COUNCILWOMAN ZARATE) cJ \ORAIYD M�'� CITY OF NATIONAL CITY Whereas, Manuel Portillo was bom on August 22, 1920 in the Santa Fe section house in National City and is the oldest of sixteen children. 1-le attended the old 6`" Ave. School and the 16t Street School before moving to Central in the sixth grade. He attended National City Junior High School but had to quit to help his father support their large family during the Depression; and Whereas, At age eleven he started working on the Fenton Ranch in the Otay area, chopping wood, when he tumed twelve, his dad got him a job for 25 cents an hour picking celery in Chula Vista, at 17 years he started working with the Civilian Conservation Corp (CC Camps).He lived in the Palomar Mountains building fire breaks then moved to San Clemente to build parks. He was then sent to Yosemite National Park to build bridges and campgrounds; and Whereas, At 19 years old he met his future wife, Gloria Contreras, three years later on September 6, 1942 they were married by the church at the Lady of Guadalupe in Logan Heights, San Diego. Thirty days later he was drafted into the Army and sent overseas in the height of World War II. After serving his country forthree years, he was honorably discharged on November 5, 1945 as a sergeant in Company A 378 Infantry receiving 4 bronze service stars; and Whereas, As a youth Manuel leamed to box and he boxed for clubs such as the San Diego Boxing Club and the Kiwanis Club. He took up boxing again in the Army and won 39 straight boxing matches; and Whereas, After the Army, he got a full time job during the day and a part time night job as a recreation aid at the Casa De Salud in Old Town National City. He taught young adults how to play basketball and baseball and he managed many girls' softball teams. The Navy built a boxing ring at the Casa de Salud and Manuel taught neighborhood boys how to box; and Whereas, In 1948 he co-founded the Casa Men's Club for men 21 years and older and is now ark honorary member. He also started Casa Knight, Santos and Peewees for boys and the Knighetts for girls; and Whereas, He has been retired for 20 years and now enjoys the company of his wife and family. His own family includes daughter Lorraine Ensign, son David and his middle son, Richard, who has been deceased since 1973. He has four grandchildren and three great grandchildren. Therefore, As Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Tuesday December 20th, 2005 as: MANUEL PORTILLO DAY We call upon all citizens of National City take a moment to commemorate this event in their own individual manner. Nick Inzunza Mayor Ron Morrison Frank Parra Vice Mayor Councilmember Luis Natividad Ccuncilmember \0 -).-wiii---p-v.zv ,......... re. __L„_ -^POAATED 1'0'4 CITY OF NATIONAL CITY MAYOR NICK INZUNZA ITEM #2 12/20/05 WHEREAS, the City of National City seeks to ensure safe and affordable housing for its workforce; and WHEREAS, there are a significant number of families and individuals residing in rental communities throughout National City; and WHEREAS, rental housing providers are in a precarious situation due to the recent availability of sex offender information over the intemet; and WHEREAS, rental housing providers seek to be able to protect their tenants from the known dangerous propensities of other tenants; and WHEREAS, state law currently prohibits rental housing providers from using information contained on the state Megan's Law database to make housing decisions; and WHEREAS, state law currently prohibits rental housing providers from notifying tenants if there is a serious or high -risk sex offender residing•in the rental community; and WHEREAS, rental housing providers need a clear direction from the state and relief from the current situation. THEREFORE, be it resolved that the City of National City does hereby request that State Legislature to pass Assembly Bill 438 to protect families living in rental communities from serious and high risk sex offenders. APPROVED this 20th day of December, 2005: Nick Inzunza Mayor City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM December 8, 2005 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT : EMPLOYEE OF THE MONTH PROGRAM ITEM #3 12/20/05 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. There are two employees to be recognized in December 2005. • Lizza Galindo -Rojas, Office Assistant — Human Resources (roll-over from November) • Norma J. Maggiora, Administrative Secretary — Community Services (December) By copy of this memo, the employees have been invited to attend the Council meeting on Tuesday, December 20, 2005, to be recognized for their achievements and service. cc: Lizza Galindo -Rojas Ryan Hyland, Deputy Director HR Norma J. Maggiora Leslie Deese, Community Services Director Councilmember Natividad Human Resources — Office File AJL:Igr Performance Recognition Program (2) ® Recycled Paper CZ Performance Recognition Award — Lizza Galindo -Rojas Nomination Form Lizza Galindo -Rojas has been nominated for the Performance Recognition Award for the month of November: Lizza joined the City on November ls` 2004 and recently celebrated her one-year anniversary. Lizza is a member of the Human Resources team and stepped up to the plate immediately upon her arrival at the City. Due to the absence of one of HR's seasoned staff members, in January 2005 Lizza successfully coordinated the City's open enrollment process for Health Benefits. Lizza also quickly learned and excelled at the "Ins and outs" of HR's role in managing HR-related payroll functions. Given the front and center HR location in City Hall, Lizza is frequently the first person visitors see at City Hall. She has become skilled at providing general information on many topics outside the HR field. Outstanding customer service is the standard when Lizza is working with the public as well as City staff. Her great attitude, smile, and energetic demeanor are contagious and make working along side her great fun. Lizza is willing and able to take on any challenge we can throw at her and is a consummate professional. In the short time that she has been with the City she has already worked on nearly every aspect of HR operations. Lizza is a lifelong resident of the South Bay and is very familiar with the National City community thanks to her previous employment with the MAAC project. Lizza is a Graduate of Bonita Vista High School and has completed a Business Translation and Interpretation Certificate Program at Southwestern College. She is married to husband Augie and they have a 3-year-old son named Alex. In their spare time you can find the entire family cheering on the Chargers and the Padres. Lizza is a wonderful asset to our organization and the HR team is pleased to nominate her for this award. Nominated by: Alfredo Lopez, Human Resources Director 12/6/05 Performance Recognition Award Norma J. Maggiora Nomination Form The Community Services Department is proud to nominate Administrative Secretary Norma J. Maggiora as December's "Employee of the Month." Norma has been a valuable employee of the City for over six years, and brings a wealth of knowledge and experience from her previous work in the legal field. Norma's commitment to the Department takes her the extra mile to serve our City, and its residents. She has been an integral link to the Department during our recent transition from Parks & Recreation to Community Services, which was accomplished without any interruption to our programs. Norma possesses exceptional communication and organizational skills which are evident in her responsibility for scheduling the use of the Martin Luther King Community Center, which requires a great level of detail and follow-up to ensure applications are complete, proper levels of insurance are obtained, event setups are submitted, and user compliance is achieved. Norma collaborates on a daily basis with all facets of the Department, including recreation, neighborhood councils, senior programs, special events, public art, and the police relations commission. Norma is the consummate team player. She is always willing to stay late to get the job done and is one of the first to volunteer her time for community and recreational events. Throughout the changes and challenges associated with forming a new Department, Norma always has a smile on her face and consistently provides excellent customer service to our residents and fellow employees. On behalf of the Community Services Department, I am extremely honored to nominate Norma as National City's "Employee of the Month." Nominated by: Leslie Deese, Community Services Director Irma Acedo, Recreation Superintendent 12/7/05 ITEM #4 12/20/05 WORKSHOP/DISCUSSION OF CURRENT BUDGET SITUATION (CITY MANAGER) ITEM #5 12/20/05 APPOINTMENT - VICE MAYOR (COUNCIL INITIATED) ITEM #6 12/20/05 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 18. 2005 ITEM #7 2/20/05 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 8 AGENDA ITEM NO. /ITEM TITLE A Resolution establishing 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 December 6, 2005, the City Council held a public hearing and determined that the Public Health, Safety or Welfare require the formation of an underground utility district on 8`h Street from National City Boulevard to Highland Avenue (Phase I). Once the Utility District has been formed, and a tentative construction schedule has been established, the City Council by a subsequent resolution will set the time within which property owners must be ready to receive service, and the utility companies must remove the overhead services. The purpose of this Resolution is to establish the district. Environmental Review _'_ N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available from the San Diego Gas & Electric Company, allocated for undergrounding. Account No. STAFF RECOMMENDATION 1. Adopt the Resolution `fit" tk 2. Direct the City Clerk to certify and to recor the Resolution in the office of the County Recorder. 3. Direct the City Clerk to notify, within 15 da after the effective date of the Resolution, all affected Utility Companies and persons of the provisions of the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Proposed District 24 (Phase I), Exhibit "A" and "B". dd24 A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 24 (PHASE I) ON 8TH STREET FROM NATIONAL CITY BOULEVARD TO HIGHLAND AVENUE WHEREAS, a public hearing was called for Tuesday, December 6, 2005, at the hour of 6:00 p.m. in the Council Chambers in the Civic Center, 1243 National City Boulevard, National City, Califomia, to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City described as: 8th Street from National City Boulevard to Highland Avenue; and WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, and that pursuant to Ordinance No. 1414 of the City of National City, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 24 (Phase I) of the City of National City. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this Resolution, is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall by subsequent resolution, fix the date upon which the property in the district must be ready to receive underground service, and the date by which all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, community antenna television or similar or associated service shall be removed. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder. The City Clerk is further directed to notify, either by personal service or by mail, all affected utilities and all persons owning real property within Underground Utility District No. 24 (Phase 1), as such are shown on the last equalized assessment roll, of the adoption of this Resolution within fifteen (15) days after the date of such adoption. Such notification shall include a copy of this Resolution, together with a copy of Ordinance No. 1414. The City Clerk is further directed to notify, either by personal service or by mail, said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed by subsequent resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Attached hereto, marked Exhibit "B" and hereby incorporated as part of this Resolution, is a list of all persons owning real property within Underground Utility District No. 24 (Phase I), as shown on the last equalized assessment roll. Resolution No. 2005 — December 20, 2005 Page Two BE IT FURTHER RESOLVED that the Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reason: The streets, roads or rights of way in the district are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" uNDisoRovrip U771.177 _DIGTRICT NO. 24 (Phase .1) "TROT FROM NA770NAL CITY trarVARD TO HIGHL4ND AVE. 120271171; BOUNDARY OF UNDERGROUND U77LI77 DISTRICT NO. 24 Date: I '22 - ' 130 21110 & 2 222 234 #1-1.11i 111 322 gi 40 412 416 410 2 ; 1100 g g in. 1311 122 140 215 121 2211. L I 366 X* 1 317 314 t 323 320. 30 3251 NO g 321 330 I , 332 I [ 314 E 11: i 1 423 — 1 1 4-1-11 ! i il 1 III:, -.-ti-• ' " ' 1 (.4 1 1 i .21, ri,H r1 426 1, 424 AVENUE E E E 510 550 600 BO. NATIONAL t Isliltg • ij 401 r• 411 420 430 307 324 I V) -I I 834 420 g g 21 t 'To7 " c 716 720 720 fl CiHLAND ; . P11 ' 815 01 i1 AVENUE _s (NATIONAL AVE) 11 ,"1 I_ 1 i 1 L.- - V 36 a 42 43 0 106 125 153 1011 117 15 113 110 —.-- 1 27 117 I/O 120 130 10 AVENUE !gI g: icTRI 3ii — I I; I I : I an;„ . 11'1: ' I 441 I 1 az i 1, : ; r. . ' E iEll 12 rg I • l V111 r Eiri'l El i 1 . ,.._/. 1) . I . rrj —4 [. 006 IR E 020 am t 617 838 g ; 1 4 lEr E 011E4a g 43, & " 737 g rs 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 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 & Lorna 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 Iglesia Deldios Vivo Columna Y Apoyo Del 605 E 8th Street, National City, CA 91950 Reynaldo G. Tinsay 619 E 8th 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 8th Street, National City, CA 91950 SITE ADDRESS 108 E 8th 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 8th Street, National City 505 E 8th Street, National City 605 E 8th Street, National City 619 E 8th Street, National City 330 E 8th 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 HOME/OTHEI I Commercial Commercial Commercial Commercial Commercial Residential Commercial Commercial Commercial Commercia Commercial Residential Residential Residential Commercial Commercial Commercial Commercial UNDERGROUND UTILITY STRICT No. al (Phase 1) EIRENT FROM NA770NAL CITY ILEVARD TO HIGHLAND AVE. 106 317 314 , AVENUE 310i 1 310 gig (NATIONAL AVE) 25 iU .2.!•132; 3113 , 520 3.1 LI 33 as 45 as 2*1 107 123 232 737 : 6 6r- HIGHLAND 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 -56-353-09-00 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 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 Carninito 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 & Lorna Herce Family Trust 1017 E `J' Street, Chula Vista, CA 91910 Pepito Aure Trustee; Aure Family Trust 19 505 E 8`h Street, National City, CA 91950 Iglesia Deldios Vivo Columna Y Apoyo Del 605 E 8th Street, National City, CA 91950 Reynaldo G. Tinsay 619 E 8th 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 8th Street, National City, CA 91950 SITE ADDRESS 108 E 8th Street, National City 130 E 8th Street, National City 135 E 8th Street, National City 200 E 8`h Street, National City 811 C Avenue, National City 325 E 9th Street, National City 330 E 8th Street, National City 333 E 8th Street, National City 505 E 8fh Street, National City 605 E 8th Street, National City 619 E 8`h Street, National City 330 E 8th Street, National City 629 E 8th Street, National City 730 `G' Avenue, National City 705 E 8`h Street, National City 710 E 8th Street, National City 717 E 8`h Street, National City 718 E 8`h Street, National City BUSINESS HOME/OTHER Commerciale 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 20, 2005 AGENDA ITEM NO. 9 (-ITEM TITLE Resolution of the City Council to approved, accept, and record final subdivision map located at 16th Street and "M" Avenue (S-2000-2) PREPARED BY Adam Landa DEPARTMENT Engineering EXPLANATION EXT. 4394 Alex C. Carolino, the owner of the subdivision, has submitted a final map for the property at northeast comer of 16th Street and "M" Avenue for the City Council approval, acceptance, and filing with the County Recorder. The final map consists of nine new parcels. The Planning Commission, on September 18, 2000, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution No. 2000-161 on December 12, 2000. The Engineering and Planning Department also have approved the final map. All required street improvements have been bonded for and there are no street dedications on this map. Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION(R COMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. �. Resolution 2. Subdivision Map cam A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE FINAL SUBDIVISION MAP FOR THE PROPERTY LOCATED AT 16TH STREET AND "M" AVENUE (S-2005-2) WHEREAS, at a regular meeting of the City Council held on December 12, 2000, the City Council adopted Resolution No. 2000-161, approving the tentative subdivision map for the property located at 16th and "M" Avenue, generally described as: Being a subdivision of Parcel 2 of Parcel Map No. 15423, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on October 28, 1988. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of National City that the final subdivision map for the property located at 16th and "M" Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney CITY OF NATIONAL CITY TM NO. S-2000-2 CAROLINO HILLSIDE HOMES WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF, OR ARE INTERESTED IN THE LAND EMBRACED W1T-IN. TRIS SUBOIVISION, TC. BE KNOWN AS HILLSIDE HOMES AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF., WE HEREBY DEDICATE TO PUBLIC USE THE PORTION OF "M" AVENUE AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION. GARCLINO CONSTRUCTION AND DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION ALEX C. QXROLINC, PRESIDENT THE SIGNATURES OF THE FOLUOWNG, FOLDERS OF VARIOUS EASEMENTS OF RECORD HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTON 66436 SUBSECTION (a) (3) (A) (1) CF THE SUBDIVISION MAP ACT, SINCE THEIR INTEREST IS SUCH THAT IT CANNO- RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING 30DY. 1. EASEMENT AND RIGHT OF WAY FCR FLUMES, CANALS AND AQUEDUCTS CALIFORNIA WATER AND TELEPHONE COMPANY, A COROPORATIQN, N BOOK 7, PAGE 124 OF DEEDS RECORDED JUNE 9 1859 SEWER EASEMENT LETTIE L. A. CHARLES. FILE/PAGE 79-017621 CF OFEIC.AL RECORDS RECORDED JANUARY 12, 1979 STATE OF CALIFORNIA D SS. COUNTY OF SAN DIEGO/ ON ciisi.lu.�(6 / away BEFORE ME. A NOTARY PUBLI6 IN AN0 FDR 5A10 COUNTY AND STATE, PERSONALLY APPEARED ALEX e C420LJPI0 PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON (5) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/�SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HISTHE ENTITY UPOTHEIR NGBEHALLF (0F WHICH THE PERSON(SIRUMENT ) ACTD, EXECUTED, OR ED THE INSTRUMENT. WITNESS MY H SIGNATURE ��jj PRINTED N M F'NOTARY mem R. 8,1l: nvy. MY COMMISSION EXPIRES ON PRINCIPAL PLACE OF BL'SNESS fd2n O 'COUNTY IIIBI CIN 8 Cwln.flWiM IIMAKc.PI�H PREPARED BY: INGENUITY ENGINEERING CORPORATION 3035 E. 8TH STREET NATIONAL CITY, CALIFORNIA 91950 1E1-E: (619) 327-0817 FAX: (619) 327-0817 DAN MCALUSTER COUNTY TREASURER - TAX COLLECTOR JOHN L SNYDER DIRECTOR, COUNTY DEPARTMENT OF PUBLIC WORKS CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 2 OF PARCEL MAP N0. 15423, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 24, 1988. SUBDIVISION GUARANTEE BY CHICAGO TITLE INSURANCE COMPANY ORDER N0. 43040272-U50 DATED JULY 15, 2004 INSJRES THAT ALL PARTIES HAVING INTEREST IN THE SUBDIVIDED LAND AND WHOSE SIGNATURES ARE NECESSARY. TO CONSENT TO THE RECORDATON OF THIS SUBDIVISION MAP ARE SIGNATORIES TO THE MAP. TAX CERTIFICAI I, THOMAS J. PASTUSZKA, CLERK OF THE BOARO OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALFORNIA, HEREBY CERTIFY THAT THE PR0V1510N5 OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (a) DEPOSITS FOR TAXES AND (6) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL DR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. THOMAS J. PASTISZKA CLERK OF THE BOARD OF SUPERVISORS DATE: BY: DEPUTY WE, COUNTY TREASURER -TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE DF CAUFORNIA AND DIRECTOR, DEPARTMENT OF PUBLIC WORKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY 8E PAID IN FULL, SHOWN BY THE BOOKS OF OUR OFFICES, AGAINST THE TRACT OR SUBDIVISION, OR ANY PART THEREOF SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. DEPUTY DATE BY. DEPUTY WE, NICK INZUNZA, MAYOR. AND MICHAEL R. DALLA, CITY CLERK. OF NATIONAL CITY, CALIFORNIA, HEREBY CERTIFY THAT THE CITY COUNCIL HAS APPROVED THIS MAP CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, AND HAS ACCEPTED ON BEHALF OF THE PUBLIC PORTION 09 M AVENUE DEDICATED FOR STREET PURPOSES, AS SHOWN ON SAID MAP. . BY; DATE: NICK INZUNZA MAYOR NATIONAL CITY, CALIFORNIA BY. DATE: MICHAEL R.-DALLA CITY CLERK NATIONAL CITY, CALIFORNIA SOIL AND GEOLOGIC INVESTIGATION BY CHRISTIAN WHEELER ENGINEERING DATED JULY 9, 2002 PROJECT NO. CWE 202.340.1 MAP NO SHEET 1 OF 2 SHEETS 1, KARL F. CEBE, A PROFESSIONAL LAND SURVE0991 OF THE STATE OF CALIFORNIA, HEREBY STATE.THAT -THIS MAP WAS PREPARED BY ME OR UNDER.MY DIRECTION. AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE BETWEEN AUGUST 8. 2001 AND SEPTEMBER 26, 2002 AT THE REQUEST OF CAROLINO CONSTRUTCION AND DEVELOPMENT CORPORATION AND SAID SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT. MONUMENTS OF THE CHARACTER INDICATED HAVE.BEEN SET OR FOUND AT THE SUBDIVISION BOUNDARY CORNERS; THAT I WILL SET ALL OTHER MONUMENTS OF THE CHARACTER AND AT THE' POSITION INDICATED BY THE LEGEND ON THIS MAP WITHIN THIRTY DAYS AFTER THE COMPLETION OF THE REQUIRED IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF NATIONAL CITY; AND THAT SUCH MONUMENTS ARE. OR DILL 8E SUFFICIENT TO ENABLE 7HE SURVEY TO 8E RETRACED. (SEE MONUMENTATION LEGEND AND NOTES ON SHEET 2) I HEREBY STATE THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. Aad KARL F. CEBE, LS 6668 MY REGISTRATION EXPIRES 06/30/2006 DATED. 4/7/ ZOo4 BURTON 5. MYERS. CITY ENGINEER OF THE CITY OF NATIONAL CITY. CALIFORNIA, HEREBY CERTIFY THAT I HAVE EXAMINED THE ANNEXED MAP OF THIS SUBDIVISION TO BE KNOWN AS HILLSIDE HOMES, CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, FOR CORRECTNESS OF SURVEY DATA, MATHEMATICAL DATA, AND COMPUTATIONS AND SETTING OF THE MONUMENTS AND HAVE FOUND THAT THE DESIGN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF. THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CAUFORNIA, AS AMENDED, AND OF ANY LOCAL ORDINANCE OF SAID CITY APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPUTED WITH, AND I AM SATISFIED AND HEREBY CERTIFY THAT SAID MAP IS TECHNICALLY CORRECT. BURTON S. MYERS DEPUTY CITY ENGINEER RCE 24928 EXPIRES: 12-31-05 DATE: RECORDER'S CERTIFICATE: FILE N0: I. GREGORY J. SMITH, COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, CALIFORNIA, HEREBY CERTIFY THAT I HAKE ACCEPTED FOR RECORDATION THIS MAP FILED THIS DAY OF - .1004 AT O'CLOCK, _M. GREGORY J. SMITH BY: COUNTY RECORDER FEE: $10.00 DEPUTY COUNTY RECORDER 40' C. LEAD & DISC . RCE PER P.m.M, .3574 - �33 FAR, ,;,;oa PAR. 2 ooaa — o'm CT) N71'58'27"E 0 = v LEI 0971"03'28"E> 1. ; 62.06' 0.04 , 13C.11' (130.00') • (40.00) �. 3 J La, PAR. 3 M-m a r,a 2 N70'45'48"E 4 QI` FD. 3/4' IRON PIPE & DISC "RCE 19073" 'ER P.M. 6919 AND P.M 15423 FAR. P. )NI. 1542 l �) 1- 0 U 0 LLB Z L)" LLl (7 FD. 3/4" IRON PIPE & DISC "RCE 26112" PER P.M. 13974 PAR '3. P.M. 13874 3C2.10' [N71'03'24"E3 '261 971 131.95" (131,57) (131 72'16'17"E 7216'17"E 136.86' 14TH 136.87' N7216'17"E 136.88' N7216'17"E 136 89' N7216'17"E 0 ED, RAILROAD SPIKE PER ° M. 5919, r R.'SiOF S. 8868, ' 12079, & P.M. '..5423 332.21' N7216'17"E 136.91' 8 N721617"E 9 ,089'44'55" v? R=25' L=39.16' f112,03' _ N720112'E 136.92' - (N711)2'45E 137.17') S.00, 24,89 156.95' N72'01'12"E PREPARED DY: INGENUIT' ENGINEERING CORPORATION 16TH 3035 E. 8TH STREET NATIONAL PITY, CALIFORNIA 91950 • TELE: (6' '7-0817 FAX: (619) 327-0817 664.4 PORTION OF "M" AVENUE DEDICATED HEREON • STREET MAP NO. CAROLINO HILLSIDE HOMES ED: 2" IRON PIPE & DISC "RCE 26112" PER P.M. 15423 30' EASEMENT NOTES: EXISTING SEWER EASEMENT PER P.M. 6919 AND TO LETTE L.A. CHARLES FIE/PAGE N0. 79-017621, D.R. RECORDED JANUARY 12, 1979. © EITING NQUISHMENT OF INGRESS UANC EGRESS TO CITY OF NATIONAL CITY PER P.M. 15423 GRAPHIC SCALE: 1'-40" 0 40' sp' 120' 0 0 (.0 d LLI • E4 r 0 EL 332.21. STREET NOTE: EASEMENT 0R RIGHT-OF-WAY FOR FLUMES, CANALS, OR AQUEDUCTS TO CALIFORNIA WATER AND TELEPHONE COMPANY RECORDED JJ9E 9, 1869 IN BOOK 7, PAGE 124 OF DEEDS I5 A GENERAL EASEMENT VAT. NO LOCATION SET FORTH AND CANNOT 9E PLOTTED ON THIS MAP. 160' CONVERGENCE ANGLE AT STATION "3239" THE COMBINED SCALE FACTOR FOR STATION "3239" 15 1.0000221 GRID DISTANCE=GROUND DISTANCE z COMBINED SCALE FACTOR, LU Z 2 Li Z Q SITE F• O 6y7g ,eke VICINITY MAP N0 SCALE SHEET 1 OF 2 SHEETS BASIS OF BEARINGS: THE 83, ZONE 651 GRID BEARING BETWEEN THISS OF BEARINGS FoR 3239 LS. 2717 DISC PARCEC MAP IS THE N� AND '243' LS. 2813 DISC PER RECORD 0F. SURVEY 14492, I.E. HBO.56'56'W, AND THEIR BASIS IS •THE CALIFORNIA COORDINATE SYSTEM-NAD 53. LEGEND: • INDICATES FOUND MONUMENT AS NOTED • INDICATES FOUND 3/4' IRON PIPE & DISC 'RCE 19073" PER P,M, 6919 & P.M. 15423 O INDICATES SET 3/4%18" IRON PIPE & DISC STAMPED 'LS 6668' ❑ INDICATES SET LEAD & DISC 'L5 6668" () I INDICATES RECORD DATA PER P.M. 15423 INDICATES RECORD DATA PER P.M. 13674 < > INDICATES RECORD DATA PER P.M. 6919 EXISTING ACCESS REUNQUISHMENi ALL FRONT LOT CORNERS AND POINTS OF CURVE ALONG SIDE UNES OF DEDICATED STREETS WILL E MARKED WITH LEAD PLUG AND BRASS DISC STAMPED 'L5 6668' SET IN THE SIDEWALK ON A 5.00 FOOT OFFSET FROM THE PROPERTY UNE ON THE PROLONGATON OF E LOT LINES OR RADIAL POINT OF CURVE. WHERE LOT UNES ARE NOT AT RIGHTO ANGLES OR RADIAL, THE OFFSET DISTANCE IS SHOWN ON THE MAP FROM LOT CORNER TO OFFSET MONUMENT (SEE DEFERRED MONUMENTATON STATEMENT ON SHEET N0, 1). SUBDIVISION NOTES: 1. TOTAL NUMBER OF LOTS FOR THIS SUBDIVISION 15 9. 2. GROSS AREA OF SUBDIVISION IS 1.41 ACRES. STATION '3239' ED. LEAD & BRASS DISC 2717' IN CURB PER R. OR 5. 14492 N 1,827,238,00 E 6,303,416.62 NHS L4i N60 CZ) 45, N6552 OS E 7�56.36` 16TH ST BASIS OF BEARINGS .SCALE: f.'400' i i STATION "3243_' F0. LEAD & BRASS DISC 'LS. 2813' IN CONC. WATS PER R. OF S. 14492 N 1,626,676.06 E 6,305,66889 n1EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 20, 2005 10 AGENDA ITEM NO. %ITEM TITLE Resolution of the City Council of National City adopting the Mitigated Negative Declaration for the Street Widening Improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Engineering See attached explanation. EXT. 4387 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Y Adopt the Mitigated Negative Declaration. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1 1. Resolution 2. State of California's letter of acknowledgement A-200 (Rev. 7/03) Re: Resolution of the City Council of National City adopting the Mitigated Negative Declaration for the Street Widening Improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue The project includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (1-805). The purpose of widening portions of Plaza Boulevard is to add capacity and reduce existing congestion, decrease traffic delays, and maintain continuity in Levels of service (LOS) established by the City. Traffic safety is a major factor in justifying the project based a higher than average number of traffic accidents within the project limits. As required by the Department of Transportation (Caltrans) and Federal Highway Administration (FHWA) prior to the approval of the environmental documents the City of National City completed the following public review process as a part of the preliminary engineering phase: 1. A Notice of Availability (NOA) was sent to the local newspaper for publication and to the property owners and occupants in the vicinity of the project site within a 300- foot radius. In all, approximately 1300 notices were sent out. The environmental document was also circulated for the review of other governmental agencies. The notice provided a thirty -day period, as required by FHWA, from November 2, 2005 to December 1, 2005 for the review of the Mitigated Negative Declaration (MND). The document was made available for review at the National City Clerk's office, National City Library, and California Department of Transportation (District 11). 2. The National City Council at its November 15, 2005 meeting held a public hearing and considered the proposed MND for the Street Widening Improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue. At the public hearing, the City's Consultant presented the project preliminary design and its impacts to the surrounding properties/facilities and opened for public discussion. During the public hearing and the thirty -days public review period, no comments/concerns were received from the property owners/occupants regarding the project design and its impacts to the properties. Attached is a correspondence letter from the State of California, Clearinghouse and Planning Unit, dated November 28, 2005 which states that the City of National City is in compliance with their review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Based upon the results of the public review and hearing process, staff is recommending that the MND be adopted. Following the adoption of the MND, the City will obtain the FHWA's approval of the Finding of No Significant Impact (FONSI) under National Environmental Policy Act (NEPA) requirements and proceed to the Engineering design and right of way acquisition phases. 1 RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE STREET WIDENING IMPROVEMENTS ON PLAZA BOULEVARD FROM HIGHLAND AVENUE TO EUCLID AVENUE WHEREAS, the Street Widening Improvements on Plaza Boulevard will widen approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805, and will add capacity, reduce existing congestion, decrease traffic delays, and maintain continuity in levels of service established by the City; and WHEREAS, since this project is federally funded, the City was required, and has completed the process of all the documents through the Department of Transportation (Caltrans) and the Federal Highway Administration (FHWA); and WHEREAS, on November 15, 2005, the City conducted a public hearing as required by State and federal Departments of Transportation. No comments or concerns were received from the property owners and occupants regarding the project design and its impacts to the properties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts the Mitigated Negative Declaration for the Street Widening Improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Arnold Schwarzenegger Governor STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit November 28, 2005 Din Daneshfar National City 1243 National City Blvd. National City, CA 91950-4301 Subject: Plaza Boulevard Widening SCH#: 2005101116 Dear Din Daneshfar. ."'""*.s NAraccaufa Sean Walsh • Director The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on November 23, 2005, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above -named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, Terry Rorts Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3Q44 SACRAMENTO, CALIFORNIA 9681.2-3044 Document Details Report State Clearinghouse Data Base SCH# Project Title Lead Agency 2005101116 Plaza Boulevard Widening National City Type Description Neg Negative Declaration Widen Plaza Blvd. from 4 to 6 lanes from Highland Ave to just east of Euclid Ave. with restriping and new signage. Conduct construction staging from a vacant lot west of Money Gram Check Cashed or a vacant lot west of Jimmy's Family Restaurant. Construct retaining walls along the existing concrete -lined drainage channel and along Plaza Blvd. improvements. Construct sound walls on private properties to mitigate roadway noise levels. Lead Agency Contact Name Din Daneshfar Agency National City Phone 619-336-4380 email Address 1243 National City Blvd. City National City Fax State CA Zip 91950-4301 County City Region Cross Streets Highland Ave. and Euclid Ave. Parcel No. Township 17S Project Location San Diego National City Range 2W Section Unsect Base SBB&M Proximity to: Highways Airports Railways Waterways Schools Land Use 1-805 SD/Arizona Eastern RR San Diego Bay, Sweetwater River, Chollas Creek, Paradise Creek Channel Central and Palmer Way Elem. Sch, Bay Vista College of Beauty General Commercial and General Commercial/ Planned Development and Open Space / Consistent with the National City General Plan Circulation Element. Project Issues AestheticNisual; Air Quality; Archaeologic -Historic; Drainage/Absorption; Economics/Jobs; Flood Plain/Flooding; Geologic/Seismic; Noise; Public Services; Soil Erosion/Compaction/Grading; Toxic/Hazardous; Traffic!Circulation; Vegetation; Water Quality; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects Reviewing Agencies Resources Agency; Department of Fish and Game, Region 5; Office of Historic Preservation; Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 11; Native American Heritage Commission; Public Utilities Commission; Department of Toxic Substances Control; Regional Water Quality Control Board, Region 9; Air Resources Board, Transportation Projects Date Received 10/25/2005 Start of Review 10/25/2005 End of Review 11/23/2005 r City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 11 AGENDA ITEM NO. /)TEM TITLE Resolution authorizing the City Engineer to establish Red "No Parking" zone adjacent to the south driveway at 1828 `B" Avenue (E. Rodriguez, TSC Item No. 2005-37). PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering EXT. 4394 Mrs. Elena Rodriguez the owner of 1828 `B" Avenue, has requested the installation of red curb "No Parking" zones adjacent to the property's south driveway. The reason for the request is that people from the neighborhood are parking their vehicles adjacent to her driveway. Thereby, the encroaching vehicles do not allow ingress and egress from her driveway. She has also communicated the problem to the neighbors and they have not been cooperative. The Traffic Safety Committee approved three feet of red curb on both sides of her south driveway, at their meeting on November 9, 2005. 1 CEnvironmental Review (-Financial Statement N/A X N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. The Traffic Safety Committee, at its meeting of November 9, 2005, approved the three feet of red "No Parking" zone adjacent to the south driveway at 1828 `B" Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2005-37 A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE-FOOT RED CURB NO PARKING ZONES ADJACENT TO THE SOUTH DRIVEWAY AT 1828 "B" AVENUE (E. Rodriquez, TSC ITEM NO. 2005-37) WHEREAS, Elena Rodriquez, the owner of 1828 "B" Avenue, has requested the installation of red curb no parking zones adjacent to her property's south driveway because parked vehicles encroach into her driveway restricting ingress and egress from the property; and WHEREAS, at its meeting on November 9, 2005, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones on both sides of the south driveway at 1828 "B" Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three-foot red curb no parking zones adjacent to the south driveway at 1828 "B" Avenue. PASSED and ADOPTED this 15th day of November, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 9, 2005 ITEM NO. 2005-37 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1828 B AVENUE (BY: E. RODRIGUEZ) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mrs. Elena Rodriguez, owner of 1828 "B" Avenue, has requested the installation of red curb "No Parking" zone adjacent to her driveway. The reason for the request is that vehicles are parking in her driveway and are not allowing ingress or egress to the property. Staffs investigated the site and agree with the request to install red curb at this location. STAFF RECOMMENDATION: Staff recommends the installation of 3 feet of red curb "No Parking" zone on each side of the driveway at 1828 "B" Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo tsc 2005-37 V �� t )641 h7 . (5, 363073- - extibl e ��tam+ 0- 0,1 y c\ rt v,Q wck. co.(L 41 1,"1b0r-5 a 0d-f vf COO pR'rail Ue : Luz_ ,_e 11c r v way �� �� y pY" (-.9 y v-cCA,L) , ;�Q i 6Gd,,Dp c S `Ck -` .z) ( C 0(Ac( \( 4. co mil) , a C42- v Li J a K- L1,u VCR ry c_i . (Cie( 7-) • ()r° r`I y z T CU c Ltv( S vc i V � (.."1 r 10' OF REO CURS A:I' OLJ SITE • City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 12 / JTEM TITLE_ Resolution of the City of National City approving Change Order Number Two to Heffler Company, Inc. for ationaCity 131vd. 7th Street to 12 Street Improvements, in the amount of $22,338.30 to adjust contract from estimated quantities to actual quantities for various units of construction and adding additional electrical meter pedestal, traffic loops, and petromat fabric; and authorizing the City Engineer to sign the change order (Funding for this project is provided by the National City Community Development Commission). PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See attached Explanation. CEnvironmental Review Financial Statement X N/A MIS Approval Approved By. The total budget for the project was estimated to be $852,814.48. Funding for this Change Order is available through the Community Development Commission Account Number 900353. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSIQ1 RECOMMENDATION N/A Finance Director ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Contract Change Order No. Two A-200 (Rev. 7/03) RE: Resolution of the City of National City approving Change Order Number Two to Heffler Company, Inc. for National City Blvd. 7th Street to 12t Street Improvements, in the amount of $22,338.30 to adjust contract from estimated quantities to actual quantities for various units of construction and adding additional electrical meter pedestal, traffic loops, and petromat fabric; and authorizing the City Engineer to sign the change order (Funding for this project is provided by the National City Community Development Commission). Explanation: On March 15, 2005, by Resolution No. 2005-56, the City Council awarded a contract in the amount of $656,011.14 to Heffler Company, Inc. for the National City Boulevard 7th Street to 12th Street Improvements project. On July 19,2005 Change Order No. 1 in the amount of $127,049.94 for additional asphalt overlay from 7th to 8th St. and from Plaza to 12th St. which was approved and increased the contract amount to $783,061.08. This Change Order is balancing final amounts of the contract line items 1 to 42 and adding 5 items as follows: Change from Shrub-5 Gallon Shrub to Shrub-1 Gallon due to unavailability of the first item. This item will represent $4,081.28 in savings to the City from the original contract price. Deduct from the contract 2 hour of overtime inspection because during the asphalt overlay on National City Blvd. the inspector remained for an extra two hours to finish the asphalt paving. Pursuant to Section 2-11 of the Special Provision the cost of inspection during overtime work for the convenience of the Contractor shall be borne by the Contractor. The Contractor will credit the City $261. An additional electrical meter pedestal for the irrigation system service was not originally included in the bid price and added to provide electricity to the timer. The cost for this item is $2,139.58. Additional traffic loops (14) were added to meet traffic standards of the City. These were not included in the original contract. The cost of this item is $2,458.89. Additional petromat paving fabric (11,709 square feet) were added to the original contract to cover additional pavement requested by Change Order No. 1 and which was not included in this change order. The cost of these items is $5,882.94, respectively. Other additional balanced items cost $7,514.61 (see attachment Change Order No. 2, items 1-42) Engineering staff is recommending the approval of this balancing change order to Heffler Company, Inc. in the amount of $22,338.30 for change of shrub, overtime inspection services, electrical meter pedestal, additional traffic loops and additional petromat fabric. The total amount of Contract Change Order Number Two is $22,338.30, increasing the current cost of the project from $783,061.08 to $805,399.78. RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO.TWO TO HEFFLER COMPANY, INC. FOR NATIONAL CITY BOULEVARD, 7TH STREET TO 12TH STREET IMPROVEMENTS, IN THE AMOUNT OF $22,338.30 TO BALANCE THE FINAL AMOUNT OF THE CONTRACT FROM ESTIMATED QUANTITIES TO ACTUAL QUANTITIES FOR VARIOUS UNITS OF CONSTRUCTION, AND ADDING AN ADDITIONAL ELECTRICAL METER PEDESTAL, AND ADDITIONAL TRAFFIC LOOPS AND PETROMAT FABRIC, WITH FUNDS PROVIDED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, the contract for the National City Boulevard 7th to 12th Street Improvements, Specification No. 04-12 was awarded to Heffler Company, Inc. on March 15, 2005, by Resolution No. 2005-56; and WHEREAS, this change order is necessary to adjust the contract from estimated quantities to actual quantities for various units of construction, and adding an additional electrical meter pedestal, traffic loops and petromat fabric, and WHEREAS, funds for this change order will be provided by the Community Development Commission of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. Two with Heffler Company, Inc., in the not to exceed amount of $22,338.30 for the National City Boulevard, 7th Street to 12 Street Improvements, to be funded by the Community Development Commission of the City of National City. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • CONTRACT CHANGE ORDER NO. 2 DATE: 12/20/05 PROJECT: National City Boulevard 7th to 12th Street Improvements, Specification No. 04-12 TO: Heffler Company, Inc. Mr. Patrick Heffler, President 1800 McKinley Ave. National City, CA 91950 DESCRIPTION OF CHANGE: This change order is written to balance the amounts for work item number's 9-12, 14, 16- 20, 22, 27-30, 32, 35, 38, and adding items 46-50 to the contract (shown below). Current Contract Adjusted Contract (CO #2) No Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 1 Mobilization LS 1 34,285.00 34,285.00 1 34,285.00 34,285.00 2 Traffic Stripping and Markings LS 1 6,048.00 6,048.00 1 6,048.00 6,048.00 3 Traffic Signage LS 1 3,325.00 3,325.00 1 3,325.00 3,325.00 4 Traffic Control LS 1 100,000.00 100,000.00 1 100,000.00 100,000.00 Adjust Existing Utilities to Grade LS 1 2,000.00 2,000.00 1 2,000.00 2,000.00 Pollution Control Measures LS 1 2,500.00 2,500.00 1 2,500.00 2,500.00 7 Replace Existing Utility to Grade SF 4 500.00 2,000.00 4 500.00 2,000.00 g Clearing and Grubbing EA 1 5,000.00 5,000.00 1 5,000.00 5,000.00 9 Removal of Sidewalk and sub- grade SF 2,130 2.78 5,921.40 2,410.58 2.78 6,701.41 10 Removal of Street Section (up to 6.5" A.C./6" PCC) SF 10,430 2.69 28,056.70 7,164.so 2.69 19,272.51 11 Removal of Street Section (6.5"A.C.) SF 2,159 2.34 5,052.06 7,041.50 2.34 16,477.11 12 Removal of Curb and Gutter LF 180 7.33 1,319.40 176 7.33 1,290.08 13 Remove existing street light EA 1 1,500.00 1,500.00 1 1,500.00 1,500.00 14 Digout Street Section (up to 6.5" AC/6" PCC) SF 1,390 3.84 5,337.60 2,461.87 3.84 9,453.58 15 8" Modified Median Curb LF 2,740 14.80 40,552.00 2,738 14.80 40,552.40 16 6" Type "G" Concrete Curb and Gutter LF 228 16.31 3,718.68 236 16.31 3,849.16 17 Class II Agregate Base CY 50 42.13 2,106.50 0 42.13 0 1g Crushed Miscellaneous Base CY 130 34.03 4,423.90 148.34 34.03 5,048.01 19 Dig -out Replacement (5" AC/12" Class II Base) SF 1,130 6.90 7,797.00 3225.16 6.90 22,253.60 Page 1 CONTRACT CHANGE ORDER NO. 2 Current Contract Adjusted Contract (CO #2) No. r Item L Unit Bid Qty Unit Price Amount Qty Unit Price Amu 20 Replacement of AC Section Adjacent to Median (8"AC/4.5" Base) SF 4,140 7.74 32,043.60 2,344.8 8 7.74 18,149.36 21 Pedestrian Ramps EA 2 1,182.33 2,364.66 2 1,182.33 2,364.66 22 1 ''A" AC Overlay - TON 230 100.00 23,000.00 223.09 100.00 22,308.83 23 Cold Plane Existing Pavement LF 2,178 3.12 6,795.36 2,178 3.12 6,795.36 24 Metal Bollards EA 7 500.00 3,500.00 6 500.00 3,000.00 25 Detectable Warning Pavers and Concrete Band LS 1 2,746.20 2,746.20 1 2,746.20 2,746.20 26 1" Irrigation Service with 1" Meter and Backflow Preventer LS 1 2,500.00 2,500.00 1 2,500.00 2,500.00 27 Trench and Resurface for Intigation Main Line and Service LF 245 20.00 4,900.00 261 20.00 5,220.00 28 Colored Concrete Pavement in Median SF 2,347 8.87 20,817.89 2,209 8.87 19,593.83 29 Sidewalk Unit Pavers SF 2,685 9.74 26,151.90 2,668 9.74 25,986.32 30 Broom Finish Colored Concrete Sidewalk SF 1,013 7.65 7,749.45 997.50 7.65 7,630.88 31 Tree Grate EA 4 1,305.00 5,220.00 4 1,305.00 5,220.00 32 Class "A" Topsoil CY 290 33.87 9,822.30 578 33.87 19,576.86 33 Tree 36 Inch Box EA 20 708.89 14,177.80 17 708.89 14,17`-" 1 34 Palm 20 Foot Brown Trunk Height EA 8 10,397.67 83,181.36 8 10,397.67 83,18_ ,.)- 35 Shrub- 5 Gallon EA 1,052 16.94 17,820.88 0 16.94 0 36 Fine Grade in Landscaped Median SF 5,200 0.30 1,560.00 5,200 0.30 1,560.00 37 Mulch CY 30 44.70 1,341.00 30 44.70 1,341.00 38 Root Barrier LF 420 6.65 2,793.00 780 6.65 5,187.00 39 Complete Irrigation System for Trees, shrubs, and Sod LS 1 56,276.41 56,276.41 1 56,276.41 56,276.41 40 Soil Test LS 1 500.00 500.00 1 500.00 500.00 41 Maintenance (90 days) LS 1 2,106.09 2,106.09 1 2,106.09 2,106.09 42 Traffic Signal and Street Lighting Installation LS 1 67,700.00 67,700.00 1 67,700.00 67,700.00 Change Order No. 1 43 Removal and Dumping of Unsuitable Material and Replacement with Class II Base on NCB at 9th St. LS 1 9,686.25 9,686.25 1 9,686.25 9,686.25 44 Removal of Railroad Ties on NCB LS 1 8,387.22 8,387.22 1 8,387.22 8,387.22 45 Additional 1.5" grind, overlay, petromat, traffic loops, adjust utilities and stripping from 7"' to 8'h St. and from Plaza to 12`h St. LS 1 108,976.47 108,976.47 1 108,976.47 108,976.47 Page 2 CONTRACT CHANGE ORDER NO. 2 on NCB. Extra Work Items (Change Order No. 2) 46 . Shrub- 1 Gallon ' EA 1,052 13.06 N/A 1,052 13.06 $13,739 F0 47 Compensation for overtime inspection (credit) LS 1 N/A N/A 2 (130.50) (261; 48 Install Double Meter Pedestal LS 1 N/A N/A 1 2,139.57 $2,1397 49 Install additional Traffic Loops LS 1 N/A N/A 1 2,458.89 $2,458. 9 $5,882§4 so Install additional petromat LS 1 N/A N/A 1 5,882.94 TOTALS $783,061.08 $22,338.30 $805,399.38 DISCUSSION: Line Item No. 9 has been increased to provide compensation to the contractor for an additional 280.58 square feet of removal of Sidewalk and Subgrade. Line Item No. 10 has been decreased due to the deletion of 3,265.5 square feet of Removal of Street Section (up to 6.5" A.C./6" PCC) that was not needed. Line Item No. 11 has been increased to provide compensation to the contractor for an additional 4,882.5 square feet of Removal Street Section (6.5" A.C.) Line Item No. 12 has been decreased due to the deletion of 4 linear feet of Removal of Curb and Gutter that was not needed. Line Item No. 14 has been increased to provide compensation to the contractor for an additional 1,071.87 square feet of Digout Street Section. Line Item No. 15 has been decreased due to deletion of 2 linear feet of 8" Modified Median Curb that was not needed. Line Item No. 16 has been increased to provide compensation to the contractor for an additional 8 linear feet of 6" type `G' Concrete Curb and Gutter. Line Item No. 17 has been decreased due to the deletion of 50 feet of Class II Agregate Base that was not needed. Line Item No. 18 has been increased to provide compensation to the contractor for an additional 18.34 cubic yards of Crushed Miscellaneous Base. Line Item No. 19 has been increased to provide compensation to the contractor for an additional 6,667 square feet of Digout Replacement. Line Item No. 20 has been decreased due to the deletion of 1,930.88 square feet of Replacement of AC Section Adjacent to Median that was not needed. Page 3 CONTRACT CHANGE ORDER NO. 2 Line Item No. 27 has been increased to provide compensation to the contractor for an additional 16 linear feet of Trench and Resurface for Irrigation Main Line and Service. Line Item No. 28 has been decreased due to deletion of 138 square feet of Colored Concrete Pavement in Median that was not needed. Line Item No. 29 has been decreased due to deletion of 17 square feet of Sidewalk Unit Pavers that were not needed. Line Item No. 30 has been decreased due to deletion of 15.5 square feet of Broom Finished Colored Concrete Sidewalk that was not needed. Line Item No. 32 has been increased to provide compensation to the contractor for an additional 288 cubic yards of Class "A" Topsoil. Line Item No. 35 has been decreased due to deletion of item Shrub- 5 Gallon that were not found available, therefore substitution is being made in Line item No. 46 for Shrub-1 Gallon. Line Item No. 38 has been increased to provide compensation to the contractor for an additional 360 linear feet of Root Barrier. New Items Added Change Order No. 2 Line Item No. 46, Shrubs 1 Gallon was added to replace Line Item No. 35 Shrub-5 Gallon, which realizes a savings of $4,081.28, which was credited from the Contractor to the City The total amount shown includes overhead and markup per Exhibit A. The lump sum price for Line Item No. 47, Compensation for overtime inspection is a credit owed to the City for 2 hours of overtime inspection pursuant to Section 2-11 of the Specifications, due to Contractor working extra time to finish asphalt paving on National City Blvd. The total amount shown includes overhead and markup. Inspection Services are provided by Tetra Tech, Inc. The lump sum price for Line Item No. 48, Install Double Meter Pedestal, is added at the City's request to provide compensation to the contractor for adding an electrical meter for the irrigation system not called out on the plan or specifications. The lump sum price includes labor, equipment and materials per Exhibit B. The lump sum price for Line Item No. 49, Installation of additional traffic loops is added at the City's request to provide compensation to the contractor for additional 14 traffic loops needed between Plaza Blvd. and 12th St. along National City Blvd. required to meet City Standards. The lump sum price includes labor, equipment, and materials per Exhibit C. Page 4 CONTRACT CHANGE ORDER NO. 2 The lump sum price for Line Item No. 50, Installation of additional petromat is added at the City's request to provide compensation to the contractor for additional 11,709 square feet of petromat between Plaza Blvd. and 12th St. and 7th and 8th Street along National City Blvd. The lump sum price includes labor, equipment, and materials per Exhibit C. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $22,338.30 from the current contract price of $783,061.08 to a new contract price of $805,399.78. 2. The contract time is increased by thirty (30) working days. The contract completion date was previously established as Thursday September 22, 2005. The new contract completion date is therefore established as Friday, November 4, 2005. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Heffler Company, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 5 CONTRACT CHANGE ORDER NO. 2 RECOMMENDED FOR APPROVAL BY: Alberto Gil go, Ass APPROVED BY: VC{ A______ Patrick Heffler, President Heffler Company, Inc. Ms. Gina Tarantino Heffler Company, Inc. 12// 2/o3 Date Date Stephen M. Kirkpatrick, City Engineer Date Page 6 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 13 CITEM TITLE Resolution of the City Council to approved, accept, and record Paradise Walk final Subdivision Map (s-2005-5, PD-2005-3,IS-2005-1 ) PREPARED BY Adam Landa DEPARTMENT Engineering 4394 EXT. EXPLANATION Olson Company, the owners of Paradise Walk Subdivision, has submitted a final map for the property located on the northeast corner of 8t'' and Arcadia Avenue for the City Council approval, acceptance, and filing with the County Recorder. The final map consists of one 4.5 acre parcel with 96 Townhomes. The Planning Commission, on September 19, 2005, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution 2005-230 on October 18, 2005. The Engineering and Planning Department also have approved the final map. There are street, sewer easement, and drainage easement dedications on this map. Environmental Review x N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. tr:::::e BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. i. Resolution 2. Subdivision Map walk A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE PARADISE WALK FINAL SUBDIVISION MAP FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF EAST 8TH STREET AND ARCADIA AVENUE (S-2005-5, PD-2005-3, IS-2005-1) WHEREAS, at a regular meeting of the City Council held on October 18, 2005, the City Council adopted Resolution No. 2005-230, approving the tentative subdivision map for the property located at East 8th Street and Arcadia Avenue generally described as: Being a subdivision of a portion of the southeasterly quarter of Quarter Section 105, 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, filed in the Office of the County Recorder of San Diego County, May 11, 1869, together with portions of E. 7th Street and Pleasant Lane, as dedicated to public use. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Government Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Govemment Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. 5. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. Resolution No. 2005 — December 20, 2005 Page 2 BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for the subject property at East 8th Street and Arcadia Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MAP NO MINER'S STATEMENT IE HIIEES CERTIFY THAT IE ME TFE CRF75 OF OR NE INEWENNo 1N THE ENE. SERA:ED WITHIN DE S.Ii01VISION TO BE IOORN A5 PARADISE WAX IN TIE CITY OF NATIONAL CITY MO E HQEBY CUNT To TFE PREPARATION Al. ENDATICN a THIS MAP CONSISTING CF 3 SIEETS MA) DESCRIBED IN TIE CAPTDVN DEEOF. ICI —FREED DEDICATE TO PUBLIC 1$ FOR SNCtr Al) R8BLIC UTILITY PURPOSES 1DAT PCNTION CF E. 6T14 STREET AS SHORN ON THIS MAP. 90 HEREBY DEDICATE TO TIE CITY OF NATIONAL CITY THE STOW DRAIN EAg1ETT, TFE 5EJ1Eli EASEMENT, TFE SEVER ACCESS EASEMENT, ANC T1E PEDESTRIAN ACCESS EASEMENT, ALL AS SHOW ON THIS WP. OLSEN 737 - NATICNAL CITY 2, LLCM 0. CALIFCR1(A LIMITED LIABILITY CGPANY INC TITLE BARE( AS TRLSTEE CEDER DEED OF TRUST RECORDED AS INSTRUENT ND b' 00001*L REcDIOs. BY: BY: NNE NAME: TITLE TITLE STATE OF CALIFORNIA) )5S COLNIY CF SAN DIEGO) CIN 200� EEFoE IE, A NOTARY ITALIC, PERSONALLY APPEARED ANO PERSONALLY WORN TO ME (DR PROVED TO ME ON Tit BASIS OF SATISFACTORY EVIDENCE) TO BE TIE PERSONAS) AROSE IAIE(S) IS/ARE SUBSCRIBED TO DE WITHIN INSTRWSIT AND AOPDILEO® TO AC THAT HE/WE/TEEM 0500JTED THE SAE IN HIS/HER/THEIR AUTIERIZFD CJ,PAcrTY(16), Aso THAT BY HES/HEN/THEIR S/OHATUE(s) ON THE UPS S-TENT THE PERSCN(S), ON THE ENTITY LEN BEHALF OF THIN ME PER5CN(S) ACTED. MOWED TtE INSTRUMENT. WI:R55lrc HMO. PRINT NNE (NOTARY) COWISSION EXPIRE PRINCIPAL RACE CF EASINESS IS IN CD.MY ESSEON AL/CA THIS IMP SECURES YEN; Gu DEVELOPMENT RIGHTS AM/ TIE RIGHTS TM15 VESTED SHALL REMAIN IN EFFECT FCR TWO YENS FROM TIE DATE Cr ECfRTATICN. PARADISE WALK IN THE CITY OF NATIONAL CITY S-2005-5 BEING A 9.1. )IVISICN OF A PORTION CF THE 90UREASTEM.Y QUARTER OF QUARTER SECTION 105, OF THE RATC O DE LA MADAM. IN TtE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE O CALIFORGA, ACCOOINC TD YIP 70E1E0F PO. 188 FILED IN THE OFFICE OF TEE DUMMY PECORCER CF SAN DIEGO COUNTY, YAY 11, WOG. TOGETHER WITH PCRTICNS OF E, 7TH STREET AHD PLEASANT LANE. AS DEDICATED TO PLO -IC USE. FOR COMPLETE METES APO BONS LEGAL DESCRIPTION CF THIS SI®1VIS10N, SEE CERTIFIED TITLE OOPANY DESCRIPTION APO REPORT CN FILE IN TtE OFFICE OF THE CITY ENGINEER OF T)E CITY OF NATIONAL CITY. AmIV15I01 9UARANREE FOR THIS 9BDIVISIOH PIANI9m OY FAOLITY NAT709L TIRE OAPAPNG OVER ND. 117112330 ICE FOUNDS EASEMENTS HAVE BEEN VACATED RINIANT TO SECTION 5643E (9) OF TIE SBOIVI51O1 MAP ACT. 1. SEALER EASEMENT TO TEE CDT OF NATIGS& CITY PER OOO.IFNT FEMME) JANJAAY 31, 1947 AS INSTRUENT IA. 12104, OF OFFICIAL WORDS. LYING WITHIN DE WANDARY OF THIS NAP. THIS IS A MAP IF A COMCYINIIM PROJECT AS DEFINED IN SECTION 1350 OF TFE CIVIL VICE OF TFE STATE OF CALIFORNIA )ATTAINING A MOIAM Cr 96 FESSOTTIAL DIILLIN6 WITS, A10 IS FILED PLNSUANT TO 11E Sl10IV151O1 IMP ACT. STATE Cr CALIF7RNIA) COUNTY CF SW 01E60). W 200_, BEFORE K. A NOTARY PUBLIC, FERSONV.LY APPEARED A. PERSONALLY MAIM TO 1E (CR PROVED TO IE PN THE BASES Cr SATISFACTORY EVIDENCE) TC EE TtE PERSON(S) THOSE NAE(S) IS/NE SUBSCRIBED TO PE WITHIN INSTUMENT MD A50011FDOD TO ME TAT WA/SHE/TIE/ DECIDED THE SAFE IN H(5/HER/11EIR AUTHORIZED CAPACITY(IES), MD THAT BY HIS/HER/9E1R SI(NNATUE(5) CN THE INSTRUENT TIE PEILON(5), at ME ENTITY UPON ffJVIF OF WHICH TFE PERSON(5) ACTED. DEC/ES TFE IIISIRAEAT, WI11EA.S NY HAND. PRIM NNE (NOTARY) MY DO AI55I0N DRIES MY PRINCIPAL PLACE OF BUSINESS IS IN MY LDWISSIOI MISER H\PDATA\2510f55S\C100\MAPPPJG\p,17 MAP\15550AQ;0'5G Guam. 12/7/OS A,02 Pm Pr.pored NY RBF Consulting JOB N0.25-101555 VICINITY IIAP NO SCALE SITE CIANTY CITY CLERK'S CERTIFICATE WE, NEW INRUNZA. NOW, APO MI090L N. DADA, CITY CLERK OF TIE CITY Or NATIONAL CITY. CALIFONIA. HEREBY CERTIFY THAT 11E CITY COUNCIL BY RESOLUTION NO NOS NAMED THIS SIHIIVISIOH YAP COGISrIPE OF 3 WEEDS AO MKS ACCEPTED 01 BEHALF OF TFE RELIC TIE DEDICATION OF A PORTION OF E. 6TH. STREET, ANO WAS ACCEPTED ON BHALF CF ME CITY THE DRAINAGE moon, THE SEER EASEMENT, TIE SEER ACCESS EASEMENT, 00 TIE PEDESTRIAN. ACCESS EAW]ENT, ALL AS WORN TN THIS MAP; AN) HAS VACATED THOSE PORTICO. OF TEAT MIER EAFIQII AS DEDICATED TO THE CITY OF NATIOAL CITY PER DOIRENT IECODm JIMMY 31, 1947 A5 EEBTRIACAT ICE. 12104. OF OFFICIAL RECORDS. LYING WITHIN THE BD.IOART OF THIS MP. IS ALSO CERTIFY TEAT THE PRONER RELIC NOTICE HAS TEEN GIVEN APPROVING THIS SBDIVI5IG4 WP. BY. DATE NEW INOLRZA. MAYOR NATIONAL CITY, CALIFORNIA BY: DATE MICHAEL R. DALLA CITY CLERK OF NATIONAL CITY. CALIFORNIA C0(8TY TREASURER -TAX COIEGTCR STATEIENE E. COUNTY TPEASAER-TAX CCl1ECTOF OF' E CONY OF SAY 01E00. STATE OF CALIFORNIA AND DIRECTED OF PUBLIC 110106, ACTING. OF SAID CUN1Y, WEST CERTIFY TINT THERE AE AM MANNED 'SPECIAL ASSESSMENTS DR BOOS NNIC1 WY L PAID IN FUl. SHOWN BY DE BOOS OF OR OFFICES, AGAINST TIE 1RACY OR SUBDIVISION, OR ARTY PART THEREOF SOWN ON ME ANEED NAP NO DESCRIBED IN TIE CAPTION IFEREOF. DAN A:ALLISTER BY: CONY TPEASIEER- DENY DATED TAX COLLECTOR JON L. SNIDER DIRECTOR OF RELIC WORKS 9Y: OPUIY GATED SHEET 1 OF 3 SHEETS SURVEYOR'S STATDAONT 1, SIEREN R. NA95IAST, A LICENSED LAP) SURVEYOR OF THE STATE OF CALIFOAEA, 1ETE8V CERTIFY TINT IRE SUSEY OF THIS 9..Ii0IV151ON WAS WOE BY ME M LPW If/ DIRECTION DURING APRIL ANC AMY . 2005, MO 11NT SAID SACHET IS 1RCE AND CONKER AS SEND TAT ALL STA DES. ME/AUDITS NO IMRN6 FOLIO. 1MIt1Rrt WITH II# SET. APE OF TIE 0II10CRER DOKATED MO Dv1P( TEE POSITIONS 90111 11E3IECN. (SEE Isom CH GRIT 2) SIFAEN R. IARDUIST P.L.S. 737D ETPIRATION 12-31-2E05 DATER CITY ENGINEER'S STATETENT I, RIMER. SALTDO, 0DECIOt OF RELIC WOOS OF THE CITY OF NATIONAL CITY. CALIFONIA. STATE TEAT I NNE DAMMED DNS MAR THAT IRE SUBDIVISION IS WffidNTIALLY TIE SASE AS IT APPEARED ON TE 1FNTATIVE 1IP MONO ATONED ALIIFATIOS 'HEREOF. 1NAT AL DE PROVISI0B IF DE 9IDIVI6ION 111P ACT OF THE STATE CF C LIFONIA. AS MOOED. APO OF ANT LOCAL ORDINANCE CF SAID CITY ARLICA&E AT DE THE OF IRE APPROVAL OF TIE TENTATIVE YAP HAVE BEEN COMPLIED WITH. MO THAT 1 AN SATISFIED THAT SATO IMP IS TECHNICALLY CORRECT. ROBERTO SAUCED) DR CF PUBLIC IC R R.C.E..0.0. 29671 LICENSE WIRES WSW 31, 2007 DATED. TAX EEPOSIT CERTIFICATE I. THONS J. PAS IMBIA, CLERK OF ME BOARD Cf SUPERVISORS, FUSSY CERTIFY THAT 11.E PRovis10E OF THE MOIVISION YIP ACT(01VISION 2 OF TITRE 7 OF 11E i9VER6 10 COIF) REGARDING (a) )POSITS FOR TAES. AM) (A) CERTIFICATION OF THE ABSENCE CF LIENS FOR UPAI0 STATE. CONY, UNICIPAL OR LOCAL TARS C R.SPECIAL ASSEWDR9 COLLECTED AS TAES, EXCEPT THOSE NOT YET PAYABLE, HAVE ®1 CORNED WITH. (MOMS J. PASMS0A, CLERK OF DIE BOARD Cr 9FCTIISORS DATE BY CPUTY COUNTY RECORDER 5 CERTIFICATE FILE NO FILED THIS —DAY OF 200_— AT N IN BOO( OF PANEL YAPS AT PAGE AT HE REQUEST OF STEPHEN R. HANHAST G EGOR'Y J. SMITH BP COUNTS RECCIEER CREDIT COUNT KEDICER FEE: S13.00 IC S83 1830-6307 I T.M. S-2005-5 f L.C. 190-1747 MAP NO. ID. CVOOETE NDAAE(I T/ LEAD ND TAO, 0.4' 7. MIN PER T.S. 34, WP grin .r' 2475, WR 5116 PARADISE WALK IN THE CITY OF NATIONAL CITY 8'7 45'55'11 1322.22' RACHAEL 0a 27 80 W W 4- rn 6' .7 HARBISON N17'45'59'1 S-2005-5 (418'2910'6 1122.311_ 6 R STREET STREET oiler 25' le'R N17'44'18'1 WITHIN° raw. POSITION EST.-1Se. BY PROA0RTI0N 144P 2475 RANCHO HILLS UNIT N0. 5 WDIING POAO. POSITION ESTABLI9m BY FSOKRT1O4 NI1111N3 FOUR), POSITION ESTAa)9EO / BY P14W120I04 672'01'16'0 1324.29' (N11'18'Z'E 1321.11') FD. 2' IP OPR, TAG YISSINO AC1FPlED IS 11M. PER WP 4288, REPS 834E ID. 1.5' IP 6/TAD 'LS 2341', ACTED AS 2 PIPE, PER NAP 2035 MAP 2305 PA VASE KNOLLS 10. 3/4' IP 1/TAC 'LS 2341, PER MAP 230E �30' 30' sa RR as '0 N17.43'19'1 1323.59' (N1e'25'58'1 1323.761 ) 862.32_ NW 1/4 SE 1/4 OKL26' 692.43'1 NE I/4 5W 1/4 w l{. 4T{\2510, 55\CC:O\u0PPM:G\%K.n'_ MiP\151511402.0.0 LMELC4 12/7/06 6:01 1 Prepared bY- .IRE Consultln9 JOB NO.25-101555 NOTHING FORD. POSITION ESTABLISH BY INSORTIW 5 1/2 88 8R aga � Pl. 1.5' IP 1/PIN. RP TAG. ACCEPTED AS 2' [P PER WP 1¢l5 BLOCK 2 FD. 3/4' IP 1/TAG 'LS w -2341' PER MAP 2308. - - ROS 5348, C.P. 10697. 0.19' 1. 5 L. 20 145. 00' .2 A 111743'43.1 /710•00' 8P oa POINT N 1,630.31.50E E 6,366,070.713 FD. R.R. 911E II/PUNCH, 0.3' COIN. PER 7.5. 31A-ETA]L '1'. ROS 6346 ID. R.N. SPIKE PER T.S. 9. T.S. 31A-DETAIL'Y', MS 6345 591.w'> 591.15' FD. BRASS DISC 'LS 6665" IN EPDXY. NO RECORD, AOFPIED AS CORER /44? 2305 ' PARADISE KNOLLS BLOCK f ND. 3/4' IP (ION, TAG NI851ND, ACCEPTED PR NIP 3305. SEE C.N. 10397 ION. IS 0.1' N'LY OF R/11 LIIE, FED FOR E'LT GIVE: 12 2 12 C415'27'1 621.76'; (416"35'5616 121.76'I> N17 43 19'11 621.37' ARCADIA AVENUE OT.4 10' SEWER EASE. 1/31/1647, F/P. 12104. O.R., VACATED HEREON. PLEASANT LANE �E. 7T11 war ND PLEASANT LNE VACATED PER DOC. REC. AS FP. M7'U43.6 15.01 MI.43'43.6 3N). 90' (M6'26'46'1 3..92') kr '21.* RIR MAP )Ta 1417'43'44.1 1324.76' (7118'25'401 1324.881 SECTION 105 165 162.15'(562.43') SC 'Al SW 1/4 F0. PK. NAIL 1/ STRAOC.LQS PER NIS 614E w y8 A as W P g Q- (N15.26'NY 326./4') 41 F0. R.R. SPIKE PER T.S. 33. T1.8.. 26A-CETAIL'N', ROS MAP 1433 TRANQUILLA PLACE FD. R.R. 911E PER T.S. 31A-OETAIL'Z' FD. R.R. SWIPE PER T.S. 33. ROS GYM F0. R.R. SPIKE PER T.S. 31A�DETAIL'U', T.5. 33. R6 0.M6 11'00'30.11 321.561N1542'S111 321.561 BURDEN DRIVE Y 99 to 2" Ter 2. 4a MAP 1741 FD. R.R. SPIKE PER T.S. 2511-0ETAICE. REDS 631E :) FD. R.R. TINE PER T.S. 21k.DETAEL'Z'• RCS 534E MAP 1735 POSE 'A' SHEET 2 OF 3 SIEETS BASIS ff ENUMIS TIE 6ASI5 Dr 6661605 FCC MI5 51161ZY 15 RE CALIF■NIA COOOIWIE Miele (U5 63) ZOE 6. P001 1001.35 MO IS 6611F1011C01 BY C.P.S. IEA9K1Q4R TM014 04 FEH6W0 24. 90D5 AT MIME 'A' MO 'El' AS 900E HEREON. TEE COILS E71E SOS= 10 C.P.S. STATIO4 121 N0 C.P.S. STATIa 1245 PER RED= OF 5166A1' ND. 14492. I.E. No mm 11'9'l1' FAL1 DATED BEARINGS FAIN REMO. PAPS R DEEDS JAW OR WY NOT B IN TF116 OF SAID STOOK. WIDINED • 30 FACTOR AT POINT 'A' - 1.(A001550 0RID OSTANI - 0010 DISTAAIT K F1A61N . GRID FACTOC. SEES 10TIL GROSS AREA - 4.547 ALOES TOTAL NET NEA - 4.492 AGES TOTAL R6®R OF LOTS - 1 • DOICAI15 FOOD AO0AFMT AS CONED_ ■ 110103/5 RAM R.R. SEDE PER NATIONAL CITE SAAEE TIE SEES (T.E.) O INDICATES 5E1 2'N24' I1104 PIPE VIM GRASS DISC STAYED *LS 73S5' O INDICATE 3E1 LEAD 111N ERAS DISC STAYED 'LS 77$' ( ) INDICATES N OM DATA FES M' 6T46 <> INDICAI6 RECCES DATA {4R WP 2305 [ ] 18ICA125 IEIIJD OATH 1Et FD. R01GTd1030 R.R. INDICATES RAILROAD IP INDICATE IRON PIPE R/1 1NDICATTS RIGHT OF WAY T.S. 1NDICAT6 CITY 9 INTIOAL CITY TIE SIFT 1/ DOWAIES 11N N'LY 1NDICA0S IIRIIEFLE E'LY INDICATES EASIER, N 1.529.621.716 E 6,303,910.510 1S 'O 0 6I 160 240 41RNRIIC. 926E ICCSB3 1830-6307 I T.N. S-2005-5 I L.C. 190-1747 MAP NO. 50 0 50 1 0 150 t1 COS dr, a7o MAP 2305 PARADISE KNOLLS N6/ 1/4 SE I/4 NOTHING FOIRD, POSITION ESTAELISI.ED 0Y PROFERTI0N S I/2 5TA. MAP GRAPHIC SCALE 8 F- N ce I— 7. 40 MAP 2305 ED. 3/4• IP 9/TAO .LS 2341• PER WE 2)O5, ROS 8348. C.R. 10897, 0.19' 9. OF LEE L07 ! BLOCK 2 I LOT 12 BLOCK 8 N17'43.19.9 821.37' 591.37' 219.90' PORTION OF E. 8T/1 Snttr DEDICATED HERE.. 4A5'14'39'E 19.17' LOT 1 4.496 NET ACRES S 14� SEE !DETAIL' 8' SEE DETA1L'A' N17.43 43'11 817'43'43'9 340.90' , (016.26'48V 340.92) E SECTION' 105 156 N:\PO.iR\21101555\CA.n\MAPPISG\ISAL MPV\1555iM03JMU G1413.1.0A1 12/2/05 6:0I pm Prepared by RBI Caneultina JOB N0.25-101555 ARCADIA AVENUE (Tit 84.47' 89.89' 591.87' PARADISE KNOLLS I ED. 3/4' IP OPEN, TAG N1SSIN6, ACCEPTED PER IMP 2306, SEE C.R. 10897 MIN. IS 0.1' N'LY OF R/9 LIRE. ICU FOR El-9 LOT I BLOCK I —FEW Y. LOT 12 BLOCK 1 1'16'41•E 187.00' N17'43'21'9 288.04' e N17'43'21'M 220.10' FJ} A ❑ S! 8 N62•s2•16'r u.s 19.00 281.91' N17'43'43.1 7M 99'(N18.16'K'M 320.94') FD. R.R. STIR PEA 672'15. 0',w,S,E 28A-CETAIL'N', ROS 8348 MAP 1433 TRAIIA5UILLA PLACE SHEET 3 OF 3 SHEETS nl I' 1I N82.43.2111 t42718'39'E SAD' N72'113'1YE - J 9.61' N72'16'17'1 2 11.00 DETAIL 'A LEA A ROICA,E9 SEER ACCESS ❑ EA31OI1 OWED IUCRI 9❑ INDICATES WIER EASEE11f I1MM ED MOWN © CMIIICAMD MDRAINISE 001 MOOD' IMITATES PD¢S ESIRIM A0 D❑ EMORIM 90NI1ED I IFON MAP 1741 PD. R.R. SPIKE PER T.S. 284ffTA)L'Z'. NOS 8348 FD. R.R. SPITE PER T.S. 28A-NETAIL'2'. ROS 6346 MAP 1736 IC(S83 1830-6307 T.M. S-2005-5 1 L.C. 190-1747 City of National City, California COUNCIL AGENDA STATEMENT December 20, 2005 MEETING DATE 14 AGENDA ITEM NO. / JTEM TITLE Resolution of the City Council of the City of National City approving Change Order Number 1 with MJC Construction in the not to exceed amount of $150,000 for the removal and disposition of contaminated soils from the first phase of the Paradise Creek Educational Park Project. PREPARED BY Roberto Saucedo Ai DEPARTMENT Public Works EXT. 4580 Leslie Deese Community Services 4290 EXPLANATION See attached explanation Environmental Review N/A MIS Approval Financial Statement The change order is for an amount not to exceed $15a chrt R1im.i with MJC construction to $1,158,900. The fund source for the change order will beFtb'e new Coastal Conservancy Board grant ($500,000). Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTa?Solufl Listed Below ) n 2. Change Order Proposal 3. A200 August 16, 2005 Council Meeting Resolution No. A-200 (Rev. 7/03) Item Title Resolution of the City Council of the City of National City approving Change Order Number 1 with MJC Construction in the not to exceed amount of $150,000 for removal and disposition of contaminated soils from the first phase of the Paradise Creek Educational Park Project. Explanation On August 16, 2005 the Council by resolution number 2005-179 awarded a contract in the amount of $1,008,900 to MJC Construction for the construction of the first phase of the Paradise Creek Educational Park (see attached A200). Construction of the project began on September 19, 2005 and will be completed on or before March 17, 2006. To date, the contractor has completed the grading operation, which required the stockpiling of approximately 1,500 cubic yards of lead impacted soil that must be disposed in accordance with strict regulations imposed by State and /or Federal Agencies. Staff has negotiated a change order with MJC Construction to remove and dispose of the contaminated soil on a not to exceed cost basis. This is in accordance with the plan presented to Council on August 16, 2005. The not to exceed cost of $150,000 to remove and dispose of the lead impacted soil will be funded from the $500,000 Coastal Conservancy Grant obtained on June 16, 2005 by the Community Services Department for this project. The level of lead contamination requires that the soil be disposed at approved sites, which are located outside of San Diego County (Kettleman Hills, CA and Copper Mountain, AZ). Thus, transportation and special handling and reporting requirements mandated by the soil contamination levels significantly increase the cost of this operation. Therefore, staff recommends approval of the proposed change order. Account Summary Revenues Coastal Conservancy Grant - 348-409-500-598-4113 Community Development Block Grant — 311-409-500-598-4113 Metropolitan Water District Grant Total * Includes the $500,000 June 16, 2005 grant increase Expenditures Planning and design (Schmidt Design Group) MJC Construction contract award Miscellaneous expenses Proposed Change Order Number 1 Total $1,210,000 * 25,000 75,000 $1,310,000 $ 143,340 1,008,900 7,760 150,000 $1,310,000 RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CHANGE ORDER NO. 1 WITH MJC CONSTRUCTION, INC. IN THE NOT TO EXCEED AMOUNT OF $150,000 FOR THE REMOVAL AND DISPOSITION OF CONTAMINATED SOILS FROM THE FIRST PHASE OF THE PARADISE CREEK EDUCATIONAL PARK PROJECT, UTILIZING FUNDS FROM A $500,000 COASTAL CONSERVANCY GRANT WHEREAS, the contract for the construction of the first phase of the Paradise Creek Educational Park was awarded to MJC Construction, Inc. on August 16, 2005, by the adoption of Resolution No. 2005-179; and WHEREAS, Change Order No. 1, in the amount of $150,000, is for the removal and disposal of approximately 1,500 cubic yards of lead impacted soil from the Paradise Creek site in accordance with State and federal regulations; and WHEREAS, funds are available from a $500,000 Coastal Conservancy Grant obtained by the Community Services Department on June 16, 2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Director of Public Works to execute Change Order No. 1 with MJC Construction, Inc. in the amount of $150,000 for the removal and disposal of approximately 1,500 cubic yards of lead impacted soil from the Paradise Creek site in accordance with State and federal regulations. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 2 PARADISE CREEK EDUCATIONAL PARK Estimated Soil disposal Costs Proposal Soil Source Waste Characteristics Landfill Disp & Transp Rate/Ton Volume Approx. Weight (Tons) Cost Contaminated Stock Pile Cal Hazardous Cooper Mtn, AZ $70.00 800 1200.00 $ 84,000.00 Channel Excavation Cal Hazardous Cooper Mtn, AZ $70.00 50 75.00 $ 5,250.00 Hot Stock Pile Cal Hazardous Cooper Mtn, AZ $70.00 430 645.00 $ 45,150.00 Hot Stock Pile and Spots RCRA Hazardous Kettleman Hills, CA $202.00 20 30.00 $ 6060.00 ,, Contingency $ 9,540.00 Total $150,000.00 Attachment 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 16, 2005 AGENDA ITEM NO. / ITEM TITLE Resolution of the City Council of the City of National City awarding a contract to MJC Construction in the amount of $1,008,900, for the construction of the first phase of the Paradise Creek Educational Park Project, Specification 04-5 PREPARED BY Roberto Saucedo A DEPARTMENT Public Works EXPLANATION Leslie Deese Community Services See attached explanation EXT. 4580 4290 gnvironmental Review N/A MIS Approval Financial Sta tm nt The award is for $1,008,900. Approved By: The funds sources for the project are as follows: account 348-409-500-598-4113 Finance Director ($552,824); 301-409-500-598-4113 ($25,000); and $500,000 from the new Coastal Conservancy Board grant. Account No. >STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ,k)‘ ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 3. Locator Map 2. Bid Opening Information Sheet 4. Contractor's Background & History Summary Item Title: Resolution of the City Council of National City awarding a contract to MJC Construction in the amount of $1,008,900, for the construction of the first phase of the Paradise Creek Educational Park Project, Specification 04-5 Ex lanation: The construction of the Paradise Creek Educational Park has been a Tong awaited dream of the Paradise Creek Educational Park Inc. group lead by Mr. Ted Godshalk, the Coastal Conservancy Board and the City. In July 1999, the City Council approved an agreement with Schmidt Design Group for the preparation of an enhancement plan for this project, located along the Paradise Creek from 22nd Street to Hoover Avenue (see locator map). Funding for the contract was obtained from a $50,000 grant from the Coastal Conservancy Board, specially earmarked for this purpose. The plan was completed in June 2001, and in December 2002, the Conservancy iaward to the City by $660,000, for a total award of $7 0,000 for thelncreasepreparation of the design and partial construction of the project. The Schmidt Design group completed construction plans, specifications and cost estimates in April 2005. Their final estimate of the construction cost of the project, was $1,750,000. In early 2005, Community Services staff applied for a $500,000 grant increase to the Coastal Conservancy Board and for other grants for which this project qualified with the goal of obtaining the needed construction monies. The project was advertised for bids in May 2005. Two bids were received and subsequently rejected, as they contained errors that made the bid amounts invalid. However, encouraged by the prospect of receiving the Conservancy grant increase, staff re -bid the project in late June 2005. Since we were unsure of the ultimate funding available for the project, staff structured the re -bid such that a contract could be awarded commensurate with the results of our grant applications. On June 16, 2005 Community Services staff was notified that the Coastal Conservancy Board had approved the $500,000 grant increase, bringing the Conservancy's total grant for this project to $1,210,000. It should be noted that $157,176 of the Conservancy grant has been utilized to prepare the plans and specifications, leaving a net of $1,052,824 for construction purposes. On July 28,'2005, four re -bid proposals were opened with the lowest re -bid submitted by MJC Construction in the amount of $1,588,700.00. Consequently, staff met with Mr. Godshalk to prioritize the items of work commensurate with the funding available for construction. Based on this discussion and the need to start the work prior to the end of summer, staff is recommending that a contract be awarded to MJC Construction that ,_ includes the base bid (18 items of work) and three alternatives (A3 through A5, inclusively) deemed important to create a functional project (see table below), should no additional grant funding be available to immediately complete the project. The project as re -bid did not include the removal of lead contaminated soils to be stockpiled by the MJC Construction as part of their work. The cost to remove the stockpile is estimated to range between $100,000 and $150,000, depending on the ultimate volume to be disposed. Staff will return to Council at a future date for authorization to accomplish this removal work, which could be done as a change order to MJC Construction's proposed contract or bid out. Therefore, and due to theproject's funding situation, staff is recommending the City Council to award a contract to MJC-Construction intthe amount of,$1,008,900.00, with the understanding that the award is .contingent on the receipt;of the $500,000 grant monies form the Coastal Conservancy prior to commencement of work. The contract recommended for award includes the base bid work plus alternates A3 through A5, only. Currently, the funding situation can be summarized as follows: Revenues Coastal Conservancy Grants — 348-409-500-598-4113 Community Development Block Grant — 301-409-500-598-4113 Total $1,2100,000 * 25,000 $1,235,000 * Includes the $500,000 recently awarded by the Coastal Conservancy Board Expenditures to date Coastal Conservancy Grants — 348-409-500-598-4113 ** For planning / design purposes $ 157,176 ** Available for Construction $1,077,824 Bid as submitted by JMC Construction Item Base Bid Additive Alternative Al Additive Alternative A2 Additive Alternative A3 Additive Alternative A4 Additive Alternative A5 Additive Alternative A6 Additive Alternative A7 Additive Alternative A8 ,_ Additive Alternative A9 Additive Alternative A10 Work Description Amount Grading, Irrigation & Landscaping $ 618,900.00 * Amphitheater seating, permits, etc Decomposed Granite (DG) pathways 140,000.00 Parking lot 85,000.00 Learning lab 75,000.00 * Central boardwalk 175,000.00 * ::Boardwalk connections 140,000.00 * Deck node B & connection 59,000.00 Deck node D & connection 101,200.00 Boardwalk electrical system 30,000.00 DG pathways electrical system 42,000.00 Install lighting units 122,600.00 TOTAL $1,588,700.00 • Proposed contract selection items ( total $ 1,008,900.00 ) Pending Council authorization to proceed with the contract, staff anticipates a construction start date of September 6, 2005 and completion in early February 2006. BENCH 'CALIF. HORNED SNAIL - PLAY STRUCTURE AREA 10 FT. WIDE STABIUZED D.G. PATH PKXIK�T ESP ON TREES AND SHRUBS F0 SCREENING AND SHADE TURF AREA FOR PICFMYNG/SPORTS E7aSRNG PEfiMNCM • BOLLARDS PROPOSED PROPERTY LINE STABIIZED D.G. CUTOUT WITH BENCH (TYPICAL) ENTRANCE FROM SCAR:.« •'^ —� LUNAR CRESCENT OVERHEAD STRUCTURE LOW PLATTING FULL MOON THEME, CONCRETE CONCRETE INS '...' TOMBLLL FUME -START- AREA, SEATING FOR 120 STUDENTS PARKING • 6 SPCS. -. PERMEABLE PAVING PARKING ITRY'SIGNAGE 7 SPCS. I ELECTRONIC GATE '1y '$*` .,�rL'.:`: EXISTING PUBLIC ENTRANCE 6' WIDE STABILIZED DA. PATH 20' DIAMETER (314 SF) MIN. NODE WITH RAILING 10' WETLAND BUFFER/ FILTRATION AREA 6' WIDE RAISED BOARDWALK WITH RUING WEST 1,6TH ST. La.:,... PARKWAY W/TR/SH CNN INTERPRETIVE H, ..- i :?FCTpMAL SIGNADE EXISTING LAB EXISTING NURSERY 6' WIDE RAISED 80AROWA.K WITH RAILING AWN. 6' WIDE RAISED PATH WITH RUUNG (TYPICAL) INTERSECTION AND OVERLOOK 20' DIAMETER (314 SF) MIN. NODE WITH RATUNG PROPOSED GRADES 6' WIDE STAB612E0 D.G. PATH ON GRADE MOUND WITH NATIVE UPLAND VEGETATION 1ST AND LAST QUARTER MOON AMPHITHEATER MW. 6' WIDE STABI ZED D.C. PATH ON GRADE OVERLOOK 12 WIDE STABILIZED D.C. TIUMMER HEAD' VEHICULAR TURN AROUND PROPOSED FENCE UREA OF ENCROAcw,ENt APPROX. 1,666 S.F.) EXISTING FENCE CONCRETE LUNAR THEME CUT OUT WITH OVERHEAD SHADE STRUCTURE BENCH AND SIG NPGE STABILIZED D.O. RAMP-8.3S WITH RAILING 6' RETAINING WALL NEW MOON THEME OVERLOOK WITH BENCHES AND SIGNAGE EXISTING CONCRETE WITH ENHANCED ' DECORATIVE PAVING ATTACHMENT 3 LOCATOR MAP TLaarr DESIGN CROUP NORTH SCALE I'=100'-0- PARADISE CREEK EDUCATIONAL PARK CONCEPTUAL DEVELOPMENT PLAN FIGURE NO. I Byron S. Wade 18-588-5475 p.2 ATTACMENT 4 MJC CONSTRUCTION, INC. 3015 SILVIA STREET, BONITA, CA 91902 T EL (619) 472-5619 Fax (619) 472-5367 August 4, 2005 BACKGROUND & HISTORY MJC Construction, Inc. is a local South Bay area family owned and operated general contracting company with a long history of doing superior public works projects in San Diego County. We have a very broad'range of experience constructing almost every type of public improvement found locally. -Some of our completed projects include new public surface and underground improvements for block grant projects, median installations with specialty stamped concrete and ....landscaping, private and public improvement grading, new and reconstructed storm drain and sewer installations, large private landscape projects with architectural retaining walls and concrete, and public parks with all the amenities. Our recently completed war memorial project is the highly acclaimed, Piazza =.Basilone, in Little Italy, San Diego is an example oflhe broad range of work `produce by -our staff of experienced and talented., tradesmen. Work included specialty concrete flatwork and walls, stonework, fountain, landscaping, lighting, - memorial wall and pedestal. MJC Construction continues as a very financially stable company that carefully selects projects to bid and construct that fit our talents and size. Throughout our history MJC Construction has been a family affair with long term, loyal tradesmen -'that guaranteesconsistency in project management and product quality. Public - agencies often tell us that they appreciate our hands on, team approach that fosters an atmosphere of cooperation and common goals. Maintaining our reputation as a local company that always delivers is very important to us. ATTACHMENT 2 - BID OPENING INFORMATION SHEET 'aradise Creek Educational Park - Re Bid July 28. 2005 at 3:0C PM H Heftier Company MJC Const St Thomas Enterp Wier Const Corp aid Items Amount Progressive Sum Amount Progressive Sum Amount Progressive Sum Amount Progressive Sum 3ase Bid $874,822.81 $874,822.61 $618,900.00 $618,900.00 $850,000.00 $850,000.00 $1,182,456.00 51,182,456.00 Mobilization $40,000.00 $100,000,00 $75,000.00 $219,240.00 'raffic Control $8,748.19 $5,000.00 $5,000.00 $9,000.00 ;eneral Permits $25,000.00 $19,000.00 $25,000.00 $18,000.00 'emp Fencing $8,000.00 $6,000.00 $7,000.00 $7,200.00 )emo, Clear & Haul $257,914.00 $105,000.00 $120,000.00 $126,000.00 !artwork $157,808.00 $90,000.00 $180,000.00 $84,000.00 rrsitu testing $14,000.00 $24,000.00 $5,000.00 $80,000.00 Electrical $15,840.00 $16,000.00_ $25,000.00 $16,416.00 1C $22,220.00 $8,000.00 $13,000.00 $6,000.00 paving ;oncrete flatwork $51,789,42 $40,100.00 $120,000.00 $100,800.00 Itablifzed DG $31,280.00 $13,000.00 $115,000.00 $72,000.00 ,mphitheater $58,280.00 $80,000.00 $52,000.00 $78,000.00 Ifte Furnishings $8,800.00 $5,800.00 $14,000.00 $2,400.00 :urb Ramps $2,500.00 $2,500.00 $12,000.00 $4,200.00 en ing 528,000,00 $8,000.00 $14,000.00 $12,000.00 rigation $74,588.00 $60,000.00 $45,000.00 $192,000.00 andscaping $88,259.00 $49,000.00 $38,000.00 $168,000.00 andscaping Maint $8,000.00 $7,500.00 $5,000.00 $7,200.00 $72,500.00 $947,322.61 $75,000.00 $693,900.00 $95,000.00 $945,000.00 $103,000.00 51,285,466,00 ,3 $172,325,00 $1,119,647.61 $175,000.00 $868,900.00 $250,000.00 $1,195,000.00 $307,490.00 $1,592,946.00 ,4 $149,100.00 $1,268,747.61 $140,000,00 $1,008,900.00 $210,000.00 $1,405,000.00 $254,050.00 $1,846,996.00 ,5 $82,280.00 $1,331,027.61 559,000.00 $1,087,900.00 $140,000.00 $1,645,000.00 $113,490.00 $1,960,486.00 $2,137,123.00 ,8 7 $93,886.00 $1,424,707.61 $101,200.00 $1,169,100.00 $155,000.00 $1,700,000.00 $176,637.00 otal $1,424,707.61 $1,169,100.00 $1,700,000.00 $2,137,123.00 lote: Progressive Sum is with respect toriority of scope of project. I City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 15 1ITEM TITLE Resolution Approving a 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 (Applicant: Cypress Glen, LLC Case File No. S-2005-10) PREPARED BY DEPARTMENT AndreeHoskinson (x4310) Planning EXPLANATION The City Council voted to approve this item at the December 6. 2005 public hearing. The attached resolution is needed to follow through on the action. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION or Adopt the attached resolution. Is - BOARD / COMMISSION RECOMMENDATION N/A 1 ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A 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 APPLICANT: CYPRESS GLEN, LLC 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 considered said application at a public hearing held on November 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on December 6, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. 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 and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the Tentative Subdivision Map to divide 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 based on the following 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. Resolution No. 2005 — December 20, 2005 Page 2 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 greater, 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. Resolution No. 2005 — December 20, 2005 Page 3 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, 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 is hereby approved 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 October 13, /2005 and August 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 externalappearance 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 Resolution No. 2005 — December 20, 2005 Page 4 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. Resolution No. 2005 — December 20, 2005 Page 5 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. Resolution No. 2005 — December 20, 2005 Page 6 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. 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 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 section 17.04.070. Resolution No. 2005 — December 20, 2005 Page 7 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the clay following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 15th day of November, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 16 ITEM TITLE ITEM of the City Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for 906 A Avenue (Applicant: Janice Martinelli) (Case File M-2005-1) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The property owner of 906 A Avenue in Brick Row is requesting a Mills Act contract. Currently, eight City properties are in the Mills Act Program. 906 A Avenue is a single-family residence and is in the CG-PD (General Commercial -Planned Development) Zone. Mills Act contracts are historic preservation tools that allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City Historic Properties List, as well as the National Register. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in Exhibit A of the contract. The County Assessor's office estimates that there will be a tax reduction of roughly 67%, or $3,754 annually based on the newly assessed value that would otherwise be effective in 2006. The Finance Department has indicated that the $3754 figure would be entirely tax increment and an annual loss to the CDC. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. Environmental Review X N/A Exempt Financial Statement The action will result in a reduction in annual CDC property tax revenue of approximately $3,754 Approved By: ..(ll-e E3/�%-, Financ rector Account No. STAFF RECOMMENDATION /l ��cp Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map 3. Draft Contract 4. Application, including site photos 5. Notice of Exemption 6. List of current Mills Act properties Resolution No. J A-200 (9/99) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 906 A AVENUE APPLICANT: JANICE MARTINELLI CASE FILE NO. M-2005-1 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 906 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CG-PD y 0. 50 50 100 PROJECT LOCATION ZONE BOUNDARY V V LOCATION MAP Mills Act contract for 906 A Avenue at Brick Row M-2005-1 NATIONAL CITY PLANNING DRN. DATE: 11 / 14/05 INITIAL HEARING: 12/06/05 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s): 556-471-25 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 906 A Avenue. THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Janice Martinelli ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-471-25-00, and located at the street address 906 A Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission Mills Act Contract designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein Mills Act Contract shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on December 20, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. Mills Act Contract 4 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Janice Martinelli 926 A Avenue National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Contract shall be construed and governed in accordance with the laws of the Statc of California. Mills Act Contract 4 ,. g• Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY OWNER(S) OF RECORD Date: By: Date: k l'Zg mac BCar/M-LA02164 Nick Inzunza, Mayor (Notarized Signature) Title: Date: Attest: By: Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney Date: By: (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. Mills Act Contract • • 906 A Avenue, National City, Calif. 91950 My maintenance plan is as follows: Keep exterior of the property well maintained including Paint Woodwork in good condition Keep the integrity of the structure as original Keep the roof in good repair Work with the neighbors to keep a good appearance, and maintain the rear of the property in a neat clean manner ice Martinelli 8-31-05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cs 5477,. 4:�3 4 >e.' 4•! lf2 � . >• it5!4,4S5t4.�4 .• j . � •�`.�$52.n. i *.1 : C : 17 State of California County of On i lofe-+MlosV Zia, 2•0os Date personally appeared �oc rta rr }ss. before me, Lu r-se---2)vcz.,c•,4... ,' 1 i'Aa.,(1-(naI I LOUISE BRANCH Commission # 1387300 _.. Weary Public - California San Diego County [ MyComm.Expos Noy 26. Name and Title of Officer (e.g., "Jane Doe, Notary Pu to ) Name(s) of Signer(s) [personally known to me g proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that hthey executed the same in Male/their authorized capaClty(ies), and that by hitheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: rl Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -,8 RIGHT THUMBPRINT OF SIGItER Top of thumb here N4N ._: yam. e4Kg en 04.growomEvxe.w.: ��F:ai' 1 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www nalionalnolary. org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 10 , A I. frA a}e ar trJ�a - "S"°� NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 FOR DEPARTMENT USE ONLY Case Number J`k aD05- 1 Filing Fee S I % 0.-• Recei t No. Zts1.5(AS Date Received I f os By� Dad , Make checks payable to the City of National City PROPERTY DESCRIPTION: CIL ROW Street Address: C v 0 (V, _ C I�JV Assessors Parcel Number(s): SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership f. Processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INFORMATION: Name: Address: GvruLe.- Property owner's signature: Phone: -11 1/ Brick cROw "Brick Row," patterned after the nineteenth century architec- tural style of the Philadelphia row house, was an idea conceived by Frank Kimball. Although it has been believed that Brick Row was designed by a Philadephia architect, recently discovered records indicate that R.C. Ball of San Diego was the architect of the project. The design of Folsom Prison of northern California is also attributed to Ball. Built in 1887-1888 for $30,000, Brick Row was reportedly constructed to house California Southern railroad executives in the early years of National City's development. Common to the East Coast, the Brick Row is one of the few known examples of its type architecture on the West Coast. The Brick Row, around 1911; chimneys on the front of the structure were for decorative purposes. The unusual ten -unit Brick Row, assembled with bricks from the Kimball brick kilns, extends the length of one block of "A" Avenue. The building appears to consist of five units, but each comprises two apartments. Individual units are L-shaped with the plan reversed for every other unit, creating U-shaped service yards. Originally there were sixteen ornamental chimneys on the front of the Brick Row structure with the utility chimneys located in the rear. All of the wood used in the construction of Brick Row was redwood, and over 240,000 bricks were used to build the structure. The interior of each original unit had a stairway and balusters of White oak staircase on the interior of a restored Brick Row unit white oak with a curving handrail. Wooden floors, wood trim around doors and windows, molded plasterwork around light fixtures, picture rails, and cast iron fireplaces are a few of the many prominent features characterizing each original Brick Row unit. The kitchen area of a restored Brick Row unit c'laG"�9C?lJC"�.�<I�C1�>cf� C�c19cl�Ct9C'/>C\9C'/7C19 906 A Avenue, National City, Calif. 91950 My maintenance plan is as follows: Keep exterior of the property well maintained including Paint Woodwork in good condition Keep the integrity of the structure as original Keep the roof in good repair Work with the neighbors to keep a good appearance, and maintain the rear of the property in a neat clean manner ice Martinelli 8-31-05 SEp-pt-05 OT:25 FROM-Ticor Title of CA • "WC. ()RUNG REQUESTED BY: LandAmerlea Lawyers TWO Company AND WHEN RECORDED MAIL TO: Ms. Janice Martinelli 906 A Avenue National City, CA 91950 619696136T T-203 P.002/002 F-T47 DOC 2005-0693926 I IIIIIII I11Id1NI IIII IINI IIIII IIhI IIII IIh1IIIII In1I IIIII 1111 IIII AUG 12, 2006 2:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GRE6ORYJ. SMITH, CDLINTY RECORDER FEES: 504.50 OC: OC PAGES: 1111111111111111111111111111111111111111111111111111 2005E-0s93926 Tltte Order No.: 1125'6241 scrow No.: 05:55935.0 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE($) DOCUMENTARY TRANSFER TAX is $577.50 (X) computed on full value of property conveyed. or ( ) computed on full value less value of liens or encumbrances remaining at time of sale. () Unincorporated area (X) City of National City AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carl T. McVeagh, Successor Trustee, under the McVeagh Family Trust, dated May 13,1996. and any amendments thereto hereby GRANT(s) to: Janice Martinelli, an Unmarried Woman the real property in the City of National City, County of San Diego, State of California, described as: Lot 20 in Block I of W.C. Kimball's Subdivision, in the City of National City, County of San Diego, Stale of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County, March 10, 1887. AP#: 556-471-25-00 DATED July 7.2005 STATE OF CAUFORNIA COUNTY QF On Before me, g1O[w(Tre --- A OAKNolary_Pu�c in an fof�ee, personally appeared personally known to me vociwsej W be the personh) whose name(e} is/ere subscribed to the within instrument and acknowledged to me that hek/aefthey executed the same in histherA vet* authorized capadty(ies), and that by his/iwrA Ieir signature(* on the instrument the person(e). or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. Signature MAIL TAX'S TEMENTS TO PARTY SHOWN 6 Carl T. McVeagh, Successor Trustee, under the McVeagh Family Trust. dated May 13, 1996, and any amendments thereto BY: -ea 4,/i/ecasoii N'Ttisr C Carl T. McVeagh, Successor Trustee (This area for official notarial seal) LOW; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE. 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. M-2005-1 Project Location: 906 A Avenue Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 906 A Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of this property in Brick Row, a locally designated historical structure. Applicant Name and Address: Janice Martinelli 926 A Avenue National City, CA 91950 Telephone Number- (619)477-1122 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 31, Section 15331 (Historical Resource Restoration/Rehabilitation) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: Recycled Paper Angela Reeder, Assistant Planner NATIONAL CITY MILLS ACT CONTRACTS CASE FILE NO. ADDRESS: APPLICANT M-2002-1 3600 E. 8th Street Moncrieff Family Limited Partnership M-2002-2 926 A Avenue Janice Martinelli M-2002-3 1941 Highland Avenue Celia, Josefina Hernandez M-2003-1 916 A Avenue Jeannette Salazar M-2003-2 928 A Avenue Jeannette Salazar M-2003-3 1433 E. 24th Street Jim Ladd M-2003-4 45 East Plaza Blvd. Janice Martinelli M-2003-5 907 A Avenue Louise Branch /7 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 12/20/05 17 AGENDA ITEM NO. %ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City Regarding the Urban Area Security Initiative (UASI) Grant Program PREPARED BY Walter Aedee, (� DEPARTMENT m EXPLANATION Homeland Security Manager (336-4556) Fire This agreement documents roles, responsibilities, and expectations at the local, state and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet the state and federal requirements. The UASI grant provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area Environmental Review X N/A Financial Statement No financial impact. Account No. (STAFF RECOMMENDATION Approve the resolution authorizing the Mayor to execute the Memorandum of Understanding (MOU) between the City of San Diego Office of Homeland Security and the City of National City. BOARD / COMMISSION RECOMMENDATION N/A ATTAaTS Resolution No. 2. MOU between the City of San Diego Office of Homeland Security and the City of National City. 3. Attachment "A" — Grant Assurance for Urban Areas Security Initiative. 4. Attachment `B" — Reimbursement Request Form. \ S Attachment "C" - Certification of Public Safety Personnel by Category. A-200 (9/80) ( Listed Below RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY REGARDING THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") grant program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security which documents the roles, responsibilities, and expectations at the local, state and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the state and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding Urban Area Security Initiative grant funding. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 20`h day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective December 20, 2005, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY (City) and THE CITY OF NATIONAL CITY (Participating Agency) under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form (Attachment B) by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment C). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of 29 C.F.R. § 1910.120 (2003) and title 8, section 5192 of the California Code of Regulations. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.16, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, rescue squad, or medical engine company. Personnel must meet the 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding requirements set forth in title 22, seetions 100056 through 100180 of the California Code of Regulations. HazMat (HZ) - Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $300,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be Maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City, by and through their authorized representatives. CITY OF SAN DIEGO By: Title: CITY OF NATIONAL CITY By: Title: I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this 20th day of December, 2005. MICHAEL AGUIRRE, City Attorney By: Deputy City Attorney 3 SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative Participating Agency: City of National City Address: 1243 National City Boulevard City: National City Telephone Number: (619) 336-4550 Fax Number: (619) 336-4562 Attachment A State: CA Zip Code: 91950 E-Mail Address: wamedee@ci.national-city.ca.us As the duly authorized point of contact, I certify that the agency named above: 1. Has the legal authority to receive federal assistance, and has the institutional, managerial and financial capability to ensure proper planning and management of grant funds. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the Office of Homeland Security, Office of Emergency Services and/or the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 1 SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 8. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title lX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(s) which may apply to the application. 9. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair. and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 2 SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 11. Will comply with environmental standards which may be prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); f. conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 14. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 15. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 3 SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 17. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub -agreements. 22. Will not make any award or permit any award (sub -grant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 23. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to 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 the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; 4 SAN DIEGO OFFICE OF HOMELAND S.ECURI 'Y Grant Assurances for Urban Area Security Initiative b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Coligress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including sub -grants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 24. Agrees that equipment acquired or obtained with grant funds: a. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. 25. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govern the application, acceptance and use of Federal funds for this federally -assisted project. 5 SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 27. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 29. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 31. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 33. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 6 SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 35. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 36. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. 37. Maintain an equipment tracking system that includes the components identified in Title 28, Code of Federal Regulations (CFR), Parts 66.32 and 66.33, and DOJ Financial Guide Part III, Chapter 6. 38. Maintain financial management systems that support grant activities in accordance with 28 CPR Part 66.20, and DOJ Financial Guide, Part II, Chapter 3. The undersigned represents that he/she is the point of contact for the above named agency. Signature of Point of Contact: Printed Name of Point of Contact: Title Date 7 Office of Homeland Security — Urban Area Security Initiative Grant Program FY 2005 Reimbursement Request Form Attachment B Mail Reimbursement Request to: City of San Diego Office of Homeland Security 1250 Sixth Avenue, Suite 1000A San Diego; CA 92101 DATE AGENCY EXPENDITURE PERIOD: FROM TO Type of Expenditures Approved Budget Reimbursement Requested This Period Total Reimbursements Requested To Date Unexpended Balance of Approved Budget Equipment (1) $ $ $ $ Exercise (2) $ $ $ $ Training (2) $ $ $ $ Planning (2) $ $ $ $ Total $ $ $ $ (1) A listing of all expenditures identified by number on the Approved Budget Detail Worksheet must be submitted as an attachment. (2) A listing of all personnel costs identified by project number on the Approved Project Detail Worksheet must be submitted as an attachment. Under penalty of perjury, I certify that: • I am the duly authorized point of contact of the agency named above • This claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances • This claim is for costs incurred within the Grant Performance Period Point of Contact Printed Name Phone No. Title E-Mail Address Mailing Address Fax No. City, State, Zip Code Signature Date Attachment C Date: CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY Agency: Authorized Agent Name: Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. EMERGENCY MEDICAL TECHNICIAN I EMERGENCY MEDICAL TECHNICIAN II PARAMEDIC LIFEGUARD I LIFEGUARD II LIFEGUARD III LIFEGUARD SERGEANT MARINE SAFETY LIEUTENANT LIFEGUARD CHIEF TOTAL FIRE RECRUIT (meets FS definition) FIRE FIGHTER I CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY Page 2 of 3 FIRE FIGHTER II FIRE ENGINEER FIRE CAPTAIN FIRE BATTALION CHIEF FIRE SHIFT COMMANDER DEPUTY FIRE CHIEF ASSISTANT FIRE CHIEF FIRE CHIEF TOTAL HAZARDOUS MATERIALS SPECIALIST HAZARDOUS MATERIALS TECHNICIAN TOTAL POLICE RESERVE POLICE OFFICER I POLICE OFFICER II POLICE AGENT POLICE CORPORAL POLICE SERGEANT POLICE LIEUTENANT CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY Page 3 of 3 POLICE CAPTAIN ASSISTANT POLICE CHIEF EXECUTIVE POLICE CHIEF POLICE CHIEF RESERVE DEPUTY DEPUTY SHERIFF SHERIFF'S SERGEANT SHERIFF'S LIEUTENANT SHERIFF'S CAPTAIN SHERIFF'S COMMANDER ASSISTANT SHERIFF UNDERSHERIFF SHERIFF SENIOR POLICE OFFICER TOTAL FETING DATE City of National City, California COUNCIL AGENDA STATEMENT mber 20 ,-2005AGENDA ITEM NO. 18 ITEM TITLE PREPARED BY EXPLANATION Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Paradise Valley Hospital in the amount of $266,110 to perform Healthy Homes inspections in the target area west of I-805 for the HUD Healthy Homes grant. DEPARTMENT Kathleen Trees Pr -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 Paradise Valley Hospital Respiratory Care section will be responsible for inspecting housing units to identify health hazards that are affecting the resident's health. These include mold and mildew, cockroaches and other asthma triggers. The asthma inspector/educator will also provide in -home training when needed and will refer the family to the appropriate health care when necessary. 2 Environmental Review X N/A Financial Statement Funds will come from the HUD Healthy Homes grant award. Account No. STAFF RECOMMENDATION ev:td.ee-n`ite.e-a/ Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A TTACHMENTS ( Listed Below Resolution Contract 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 PARADISE VALLEY HOSPITAL IN THE AMOUNT OF $226,110 TO PERFORM 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 perform Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant; and WHEREAS, the City has determined that Paradise Valley Hospital is a non-profit health care corporation, and is qualified by experience and ability to perform the services desired by the City, and Paradise Valley Hospital 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 Paradise Valley Hospital in the amount of $226,110 to perform 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 20`h day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PARADISE VALLEY HOSPITAL THIS AGREEMENT is entered into this 20th day of December 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the Paradise Valley Hospital, a California nonprofit corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Healthy Homes inspections. WHEREAS, the CITY has determined that the CONTRACTOR is a California nonprofit 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. 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. Michael Collins thereby is designated as the Project Director for the CONTRACTOR. Revised April 2005 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "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. 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. Revised April 2005 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 employees 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 Parties, 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 shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR 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. 3 Revised April 2005 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that 4 Revised April 2005 (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; (iv) is required to be disclosed to a third party by law; or (v) 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. The CITY agrees to defend, indemnify, and hold harmless the CONTRACTOR, its officers and employees, against and from any and all liability, Toss, 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 CITY'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. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies, or programs of self-insurance: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, but only to the extent that the liability arises from the acts of CONTRACTOR and its officers, employees, and volunteers. Any other policies held by the CITY shall not contribute to any loss under said insurance, except to the extent said loss is caused by the CITY, its officers, employees, and volunteers. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. 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. employees. G. Any aggregate insurance limits must apply solely to this Agree- H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. ment. Revised April 2005 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 either Party. Termination without cause shall be effective only upon 60-day's written notice. During said 60-day period the Parties shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement. C. This Agreement may also be terminated immediately by CITY for 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. D. Termination with or without cause shall be effected by delivery of written Notice of Termination as provided for herein. E. 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 compensation as provided in this Agreement 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. F. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 Revised April 2005 be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Kathleen Trees, Building & Safety Director City of National City 1243 National City Boulevard National City, CA 91950-4301 Michael Collins, Program Director South Bay Asthma Advocacy Program Paradise Valley Hospital 2400 East Fourth Street 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. ❑ 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. 8 Revised April 2005 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. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised April 2005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PARADISE VALLEY HOSPITAL (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: (Title) By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised April 2005 EXHIBIT A SCOPE OF SERVICES 101. Provide environmental healthy homes inspections in 480 low-income homes in National City west of the 805 freeway. a. Paradise Valley Hospital will have an asthma inspector/educator accompany the City's housing inspector on the initial assessment for those housing units identified as needing healthy homes inspections. b. Provide in -home training when needed on asthma. c. Refer children to healthcare providers when necessary. d. Evaluate children's respiratory health and risk of illness due to deterioration of housing and determine how housing education and interventions will reduce the rate of childhood illness caused by environmental factors. 102. Attend 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 TWO HUNDRED SIXTY-SIX THOUSAND ONE HUNDRED TEN dollars ($266,110) in Federal Funds. Contractor's matching funds in the form of in kind services, shall not be less than TWENTY SEVEN THOUSAND TWO HUNDRED NINTEEN ($27,219). 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 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. 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 1, 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`1' 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 1LOCCS) 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 Ill number and requested information. Detailed instructions for using the LOCOS-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 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 Government 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 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. 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 Government 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 (e) 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 orderscosting 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.lead2rantonline.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 format. 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. CI-IANGES: 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/efr/ 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 _C'FR Rd scroll down to (24CFR84—Part FR8 ive Requirements For Grants And Agreements With Institutions of Higher Education,t Hospitals, and Other Non -Profit Organizations). Click the word "text" to view the text file. For 4 CFR g 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 PROHIBI ING 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). g) 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. 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) 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). j) 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. I) 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 Cofontrol Grant andProgr oam by Competitive Performance -Based Renewal category agrees signing this grant agreement: 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); and (3) Grantee will schedule and complete all work within the 36-month renewal period, without extensions. (1) 32. ENVIRONMENTAL POLICY"" a) The grantee [called a "recipient" in 24 CFR 58.2(aX5)] 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 if a entity or the under this PrnUnd24 CFR 58the environmental al review, HUDecipient may designate jects to the responsible entity performing form the environmental another responsible entity to perform the review 5 or may p eIrf HUD carries out this review itself under the provisions of 24 CFR part responsibility, the grantee agrees to assist and shall: rmation necessary for HUD to (1) Suply HUD with all envi onmenttal reviews onlprogram and pr able, relevant infoject requests under 24 C R part 50rform (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 -HUD funds for these program activities with respect to any eligible project until HUD approval of the project is received. b) If the grantee [called a "recipient" in 24 CFR 58.2(a)(5)), or a responsible entity [see 24 CFR 58.2(a)(7)] on behalf of the grantee, under the Lead -Based Paint Hazard Control ased Paint Hazard Per Grant Program(including Renewalew ca egory grant), orrant or a BLead 'Hazard Reductionrol Demompetitive Demonstration Performance -Based (3) Grant Program, carries out the environmental review requirements under 24 CFR part 58, the grantee shall: (I) 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 58.351 and is not subject to environmental review under the related laws and authorities. v_OMBAppmvel He. 2501-0017 Grant Application Detailed Budget Worksheet Name and Address of Applicant: PP South Bay Asthma Advocacy Program -Revised 1C °lrstrio0e) Paradise Valley Hospital 2400 East Fourth Street National City, CA 91950 Category Detailed Description of Budget (for full grant period) .: Match Other State Share LocaUTribal Other 1. Personnel(Direct Labor)c>.',; Estimated Hours Rate per Hour ?,, Estimated Coat;>i; HUD Share Match • Hnd HUD FederalhareShare Program Income me Position or Individual Funds Share Asthma Educator/Environmental Inspector 6,240.00 26.27 162,924.80 v.: 183.024.80 0.00 0.00 :. 0.00 a 0.00 a:? 0A0 5E Total Direct Labor Cost ?;i;>ii y; ?=_'i!,!%,s 163,924.8o M163,924.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2. Fringe Benefits Rate (%) Base Estimated Cost<3;HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program tnoome Asthma Educator/Environmental Inspector 0.28 103.924.80 45,898.94 •.'•'y's 45.898.94 0.00 S. 0.00 iN 33: 0.00 # 0.00 0.00 #:?<: 0.00' Total Fringe Benefits Cost SMO% ; ,if.:.E ? ' 45,898.94 a 45,890.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3. Travel :>; s; 3a. Transportation -Local Private Vehicle Mileage Rate per Mile `; ^' '. Estimated Cost`:##HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program Income Inspections and follow-up visits 6,390.47 0.42 2,600.00I 0.00 i;% 3 000 ..i: 0:00K Subtotal - Trans - Local Private Vehide /�;'';}#�� »:`.�7 `"' £:,', �����%�%?<'f;;>:; ,. £„ ..u.'„'.,� %:: 2,600.00 ir.#, 2,600.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 tom HUD-424CIM (2/2003) aNaWH3VJsx N Grant Application Detailed Budget Worksheet Detailed Description of Budget 3h. Transportation - Airfare (show destination) Trips Fare Estimated Cost4HUD Share Applicant Match Other HUD Funds Other Federal Share State Shate Local/Tribal Share Other Program Income HUD Conference Washington DC 2.00 500.00 1,000.00 iW tooloo o.00 b '1" iN 0.00 iE 0.00 IN Subtotal - Transportation - Airfare agaign'...i:Magg ......... 1,000.00 ,,??, 1 000.00 ...,,... , 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3c. Transportation - Other Quantity Unit Cost !: Estimated Cost ,i HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Taxi/mass transit fare 27.03 20.00 540.00 .9.: 540.00 Ns.:... 0.00 i.g. 0.00 M 0.00 " " Subtotal - Transportation - Other g.MIUM egiSsSsi 540.00 :,:f.: 540.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3d, Per Diem or Subsistence (indicate location) Days Rate per Day •$ Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income HUD Conference - Washington DC 9.00 150.00 .•,.. 1,950.00 E:i90-.) 1.350.00 " IR 0,00 6 o.00 , 0.00 Subtotal - Per Diem or Subsistence Miigan iiigiging 1,350.00 ;%..g 1,350.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Travel Cost 0;:ligg.iiini-MM:iMilii 5490004i0 5,490.00 0" 000 0.00 0.00 0.00 0.00 0.00 0.00 4. Equipment (Only items over 55,000 Depreciated value Quantity Unit Cost ..„.; Estimated Cost. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocalfTribal Share Other Program Income a" M ea° k a" as° Total Equipment Cost i':gs'.P-g:5?,0 _ 0,00 i!iiij:i 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 Grant Application Detailed Budget Worksheet Detailed Description of Budget 5. Supplies and Materials (Items under $5,000 Depreciated Value) 5a. Consumable Supplies Quantity Unit Cost Estimated Coat 3 HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Environmental Cleaning Baskets Instructional 570.00 15.00 .)...f 0.550.00, 8,550.00 Materials (self -management) 570.00 5.00- 355 2.850.00 ;....3 2,850.00 ',..:. Office Supplies Asthma 38.00 50.00 1.800.00 0..t 1,800.00 Devices 150.00 20.00 3,000.00 in ....., 3.000.00 0.05 am ..*! Quo igi! Subtotal - Consumable Supplies MONO PRO.Ii.?,.. 16,200.00 N 13,200.00 3,000.00 0.00 0.00 0.00 0.00 5b. Non -Consumable Materials Quantity Unit Cost :i:,i1 Estimated Cost: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share 0.00 Other 0.00 Program Income Outreach materials (posters, flyers, etc.) 3.00 500.00 1.500.00 ,..0 1,500.00 ''''' IN 0.00 :ft 0.00 1M 0.00 0.00 M Subtotal - Non -Consumable Materials ''1.:::RMI.i.SisiS OMV:E.:i 1,000.00 ::P::: 1,soa.00 sl 000 000 0.00 0.00 0.00 0.00 0.00 Total Supplies and Materials Cost Wil.M.:2,1iM lin.:.':ig]inf.. 17,700.00 a 14,700.00 3,000.00 0.00 0.00 0.00 0.00 6. Consultants (Type) Days Rate per Day t.:. Estimated Costs,S: HUD Share Applicant Match Other HUD Funds Other Federal Share. State Share LocalfTribal Share 0.00 Other 0.00 Program Income "° o.00 I'M 0.00 i'43 OM .f f '..'.''. 0.00 .4 QM Total Consultants Cost lgnainili', agEN.i:M 4,A, 0.00,A,, 0.00 .A..j: 0.00 0.00 000 0.00 0.00 0.00 7. Contracts and Sub -Grantees (List individually) Quantity Unit Cost .. IIA Estimated Cost( HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other 000 Program Income South Bay Asthma Advocacy Program 3.00 8,073.00 24,210.001M 24,219.00 0. is 0.. 0.. a "M.MON:MM,314#1 0.00 Total Subcontracts Cost 24,219.00 :',A 0.00 24,219.00 0.00 0.00 0.00 0.00 0.00 0.00 form HUD424.4BW(2/2003) Grant Application Detailed Budget Worksheet Detailed Description of Budget 8. Construction Costs li',. 8a, Administrative and legal expenses Quantity Unit Cost Estimated Costdi HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income o.00 iai 7. 0.00 0.0oz Subtotal - Administrative and legal expenses ......%'s""'` •': %`Y %� `?"%' 2 j 0.00 c: 3' 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 Estimated CostiM HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0 00 i's:'>:. D.00'£ 0.00 ia!; Subtotal - Land, structures, rights -of way.... ................................ `%:£% 0.00 `` % 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8c. Relocation expenses and payments Quantity Unit Cost .., Estimated Cost':HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income o.00 wii o.00 ffi 0.00 3` 0.00 0.00 F:,.; Subtotal - Relocation expenses and payments ... ..,. „ : „ "';,<, y 0.00 dig„ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8d. Architectural and engineering fees _ Quantity Unit Cost Estimated CostM HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 0,.. . ii. 0.00 0.00 !t #` o.00 i{ Subtotal - Architectural and engineering fees F.....:.�...:.::: ''sE1<`:'.i3i'E.''%?<<!%"E€?i:F� Ui .i. . 0.00>s:�d 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8e. Other architectural and engineering fees Quantity Unit Cost Estimated Cost.HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Loca/Tribal Share Other - Program Income tun #, a:' 0.00$ t 0.00 s„#, 0.00 : y 0.00 Subtotal- Other architectural and engineering fees k3i . # €PAM 0.00 NI 0.00 0.00 o.00 0.00 0.00 0.00 form HUD-4244BW 0.00 (2)2003! 0.00 Grant Application Detailed Budget Worksheet 81. Project inspection fees Quantity Unit Cost #? Estimated Cost:;; HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 0.00 :#J; o.00 !,3{ Subtotal - Project inspection fees : `^ %%`: "3 (i i: f.:i:3:.�i.. :;?:;E:i;%i'r ::�;::>; .�5.;<':a:<._.: 0.00 3`.:; 0.00 0.00 0.00 0.00 0.00 0.00 89.Site work Quantity Unit Cost 3'vj:. Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share 0.00 Other 0.00 Program Income o.00 0.00 ::"I.: Subtotal - Site work ............ ...................... !'� !' 0.00 Ml 0.00 0.00 0.00 0.00 0.00 0.00 8h. Demolition and removal Quantity Unit Cost t'"` 's!£% Estimated Costa HUD Share Applicant Match. Other HUD Funds Other Federal Share State Share Local/Tribal Share 0.00 Other 0.00 Program Income ow is o.00 0.00 Subtotal - Demolition and removal l i ,;i ; #; <; ; t3;' %i l ? :3;t: ' t- 0.00 �' 0.00 0.00 0.00 0.00 0.00 0.00 Si. Construction Quantity Unit Cost : <' Estimated Cost ! HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share 0.00 Other 0.00 Program Income 0.00 *3: 0.00r: o.00 f#ii'; Subtotal - Construction <'." s '13siY i' o is:% li 0.00 0.00 0.00 0.00 0.00 0.00 8j. Equipment Quantity 0.00 0.00 0.00 Unit Cost Estimated cost: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program income 0.00 3 o.00 i 0.00: -a: aoo is `''`tSubtotal - Equipment % ` l": e<> l::g:?;{ OAO g,j 0.00 0.00 0.00 0.00 0.00 000 0.00 8k. Contingencies Quantity Unit Cost ., ! Estimated Cost%t `.. HUD Share Applicant Match Other HUD - Funds Other Federal Share State Share Local/Tribal Share Other 0.00 Program Income 0.00 S :; o.00 :? aoo;> Subtotal - Contingencies <.;:..:«.;:..;:,.>:.;;;<::<::: o.ao"'>i: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 81. Miscellaneous Quantity Unit Cost ?r$ :Y3:i Estimated Costa HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other 0.00 Program Income 0.00 0.00 K %' 0.00r Subtotal - Miscellaneous .;S; Total j.,•;,,'.;.V;:f'+ :ifs; s ;g,'..v 0.00 : 0.00 0.00 0.00 0.00 0.00 0.00 o.00 0.00 Construction Costs i#`$`,.' .,'#?{ j; f>S!.`: f , o.ao;f,# a.00 z' 0.00 0.00 0.00 0.00 4 0.00 0.00 0.00 ton) HUD4124.OBW (212003) Grant Application Detailed Budget Work he t �_,_«its Quantity Unit Cost \ __mot eon, Applicant _- Other _ Funds Other E_« Share State Share _m_ Share Other Program __ Item $ C phone allowance _. 40.00 ,.7 ,, //\ 0.00 M « CO 0.00 0 \/ _ate_ Total Other0 :.. .... 1 1_00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal of Direct Costs .MiganadaNi4 258.672.74\231453 a 27,219.001 0.00 0.00 0.00 0,00 0.00 0.00 10. Indirect Cos . Rate Base Estimated HUD Share Applicant Match . Other HUD FundsShare Other Federal State Share Local/Tribal Share Other Program Income Type , Overhead e =_4 w � \ _m 0.00 — 0.00- / =6 Total Indirect Costs . m _e_« 6 � � # 0.00 0.00 0.00 0.00 0.00 _ Total �s ' % 3 93,3E3 /1103 . a. 7,2190 00 00 00 0.000.00000 _.nst___ OMB Approval No. 2501-0017 Grant Applicati Detailed Description of Budget Ana ysis of Total Estimated Costs Estimated Cost Percent of Total 1 Personnel (Direct Labor) 163,924.80 55.88% 2 Fringe Benefits 45,898.94 15.65% 3 Travel 5,490.00 1.87% 4 Equipment 0.00 0.00% 5 Supplies and Materials 17,700.00 6.03% 6 Consultants 0.00 0.00% 7 Contracts and Sub -Grantees 24,219.00 8.26% 8 Construction 0.00 0.00% 9 Other Direct Costs 1,440.00 0.49% 10 Indirect Costs 34,656.56 11.81% Total: 293,329.30 100.00% HUD Share: 266,110.30 90.72% Match (Expressed as a percentage of the Federal Share): 27,219.00 10.23% 7 form HUD-424-CBW (212003) City of National City, California COUNCIL AGENDA STATEMENT December 20, 2005 MEETING DATE 19 AGENDA ITEM NO. ITEM TITLE RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL\ ELECTION HELD ON NOVEMBER 8, 2005, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. PREPARED BY EXPLANATION Michael R. Dalla DEPARTMENT EXT. City Clerk Once the Registrar of Voters has canvassed the election and provided an "Official Canvass" of the returns to the City Clerk, the Council must meet and adopt a Resolution to "Declare Results" pursuant to California Election Code 15400, incorporating the "Official Canvass" into the Resolution as "Exhibit A". Environmental Review X— N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 2. Certified "OfficH Canvass" from the Registrar of Voters Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2005, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of National City, California, on Tuesday, November 8, 2005; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2005-149 adopted on July 19, 2005, the San Diego County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit „A,. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City, except absent voter ballots, was 4193. That the whole number of absent voter ballots cast in the City was 2051 making a total of 6244 ballots cast in the City. SECTION 2. That "as a result of the election, a majority of the voters voting on the measure relating to the National City Sales Tax Issue (Proposition B) did vote against it. SECTION 3. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes cast in the City; (2) The measure voted upon; (3) The number of votes given at each precinct for and against the measure; (4) the total number of votes given for and against the measure. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Mikel Haas, Registrar of Voters for the County of San Diego, do hereby certify that I have conducted the official canvass of the returns from the Special Statewide Election held on November 8, 2005, in the County of San Diego. The following is a statement of the results showing the total number of ballots cast, the total number of votes for each candidate and the total number of votes in favor of and against each proposition. Witness my hand and official seal this 2nd d - y of Decembe 01 MIKEL HAAS Registrar of Voters EXHIBIT "A" COUNTY OF SAN DIEGO SPECIAL STATEWIDE ELECTION Tuesday, November 8, 2005 Official Results Registered Voters 1383513 - Cards Cast 730122 52.77% CITY OF SAN DIEGO - MAYOR Number of Precincts Precincts Reporting Total Votes Total 798 798 100.0 % 330030 JERRY SANDERS DONNA FRYE 176893 53.60% 152105 46.09% CITY OF SAN DIEGO CITY COUNCIL - District No. 2 Number of Precincts Precincts Reporting Total Votes Total 109 109 100.0 % 46201 KEVINFAULCONER LORENA GONZALEZ CAROLYN CHASE RICH GROSCH TIM RUTHERFORD KATHLEEN BLAVATT IAN TROWBRIDGE PAT ZAHAROPOULOS PHIL MEINHARDT TOM EATON GREG FINLEY DAVID DIEHL JAMES MORRISON GEORGE NAJJAR ROBERT E. LEE ALLEN HUJSAK LINDA SUSAN FINLEY 15912 11543 4090 2906 2442 1848 1746 1273 1054 754 615 470 441 280 250 242 202 34.44% 24.98% 8.85% 6.29% 5.29% 4.00% 3.78% 2.76% 2.28% 1.63% 1.33% 1.02% 0.95% 0.61% 0.54% 0.52% 0.44% CITY OF SAN DIEGO CITY COUNCIL - District No. 8 Number of Precincts Precincts Reporting Total Votes Total 59 59 100.0 % 19537 BEN HUESO LUIS ACLE REMIGIA BERMUDEZ DAN COFFEY KATHY VANDENHEUVEL DOUGLAS HOLBROOK TIM GOMEZ LINCOLN PICKARD MATTHEW MONCAYO 7454 3621 3018 1601 1060 800 775 595 537 38.15% 18.53% 15.45% 8.19% 5.43% 4.09% 3.97% 3.05% 2.75% RAINBOW MWD - Div. No. 5 Shall ROBERT GLICK be recalled? Number of Precincts Precincts Reporting Total Votes Total 5 5 100.0 % 1049 YES NO 799 76.17% 250 23.83% Date:12/02/05j Time:16:32:O1J2. Page:1 of Num. Report Precinct 1799 - Num. Reporting 1799 1 100.00% RAINBOW MWD - Div. No. 5 To replace ROBERT GLICK Number of Precincts Precincts Reporting Total Votes Total 5 5 100.0 % 835 RUA PETTY 787 94.25% PROP 73 - STATE Terminate Minor's Pregnancy Number of Precincts Precincts Reporting Total Votes YES NO Total 1799 1799 100.0 % 717647 393579 54.84% 324068 45.16% PROP 74 - STATE School Teachers' Employment Number of Precincts Precincts Reporting Total Votes YES NO Total 1799 1799 722694 399885 322809 100.0 55.33% 44.67 91 % PROP 75 - STATE Public Employee Union Dues Number of Precincts Precincts Reporting Total Votes Total 1799 1799 100.0 % 721473 YES NO 416997 57.80% 304476 42.20% PROP 76 - STATE State Spending/School Funding Number of Precincts Precincts Reporting Total Votes Total 1799 1799 100.0 % 718785 NO YES 375374 52.22% 343411 47.78% PROP 77 - STATE Redistricting Number of Precincts Precincts Reporting Total Votes Total 1799 1799 100.0 % 712901 NO YES 376825 52.86% 336076 47.14% PROP 78 - STATE Prescription Drug Discounts Number of Precincts Precincts Reporting Total Votes NO YES Total 1799 1799 100.0 703719 378477 53.78% 325242 46.22% COUNTY OF SAN DIEGO SPECIAL STATEWIDE ELECTION Tuesday, November 8, 2005 Official Results Date:12/02/6$ Time:16:32:01 Page:2 of 2 Registered Voters 1383513 - Cards Cast 730122 52.77% PROP 79 - STATE Drug Discounts/Rebates Number of Precincts Precincts Reporting Total Votes Total 1799 1799 693614 100.0 NO YES 425919 267695 61.41% 38.59% PROP 80 - STATE Regulate Electric Services Providers Number of Precincts Precincts Reporting Total Votes Total 1799 1799 682037 100.0 NO YES 436554 245483 64.01% 35.99V PROP A -CITY OF ENCINITAS Rezone Ecke Ranch Land Number of Precincts Precincts Reporting Total Votes NO YES Total 47 47 100.0 % 20883 13600 65.12% 7283 34.88% PROP B-CITY OF NATIONAL CITY 1% Sales Tax Increase Number of Precincts Precincts Reporting Total Votes NO YES Total 19 19 100.0 % 6010 3417 56.86% 2593 43.14% PROP C-BONSALL UNION SCH $17 Million School Bond (Req. 55%) Total Number of Precincts 14 Precincts Reporting 14 100.0 % Total Votes 4218 YES 2767 65.60% NO 1451 34.40% 1 Num. Report Precinct 1799 - Num. Reporting 1799 100.00% COUNTY OF SAN DIEGO SPECIAL STATEWIDE ELECTION Tuesday, November 8, 2005 Official Canvass (SOVC) - PROP B- CITY OF NATIONAL CITY Date:12/03/05 Time:10:31:07 Page:1 of 4 Reg. Voters TURN OUT Cards Cast PROP 13-CITY OF NATIONAL CITY I% Sales Tax Increase Reg. Voters Turnout Total Votes YES NO Jurisdiction Wide 515600-NATIONAL CITY Polling Absentee Total 515800-NATIONAL CITY Polling Absentee Total 515900-NATIONAL CITY Polling Absentee Total 516000-NATIONAL CITY Polling Absentee Total 516200-NATIONAL CITY Polling Absentee Total 516500-NATIONAL CITY Polling Absentee Total 516600-NATIONAL CITY Polling Absentee Total 516700-NATIONAL CITY Polling Absentee Total 516800-NATIONAL CITY Polling Absentee Total 517200-NATIONAL CITY Polling Absentee Total 517400-NATIONAL CITY 573 573 213 37.17% 0 0.0Q% 573 213 37.17% 1072 1072 303 28.26% 0 A.00% 1072 303 28.26% 899 899 236 26.25% 0 0.00% 899 236 26.25% 928 277 29.85% 928 0 0.00•/a 928 277 29.85% 630 209 33.17% 630 0 0.00% 630 209 33.17% 789 243 30.80% 789 0 0.00% 789 243 30.80% 654 114 17.43% 654 0 0.00% 654 114 17.43% 1151 261 22.68% 1151 0 0.00% 1151 261 22.68% 746 224 30.03% 746 0 0.00% 746 224 30.03% 721 161 22.33% 721 0 0.00% 721 161 22.33% 573 573 573 201 91 45.27% 110 54.73% 0 0 - 0 - 201 91 45.27% 110 54.73% 1072 285 128 44.91% 157 55.09% 1072 0 0 - 0 1072 285 128 44.91% 157 55.09% 899 223 101 45.29% 122 54.71% 899 0 0 0 - 899 223 101 45.29% 122 54.71% 928 257 86 33.46% 171 66.54% 928 0 0 - 0 - 928 257 86 33.46% 171 66.54% 630 197 73 37.06% 124 62.94% 630 0 0 - 0 - 630 197 73 37.06% 124 62.94% 789 239 105 43.93% 134 56.07% 789 0 0 - 0 - 789 239 105 43.93% 134 56.07% 654 107 46 42.99% 61 57.01% 654 0 0 - 0 - 654 107 46 42.99% 61 57.01% 1151 250 120 48.00% 130 52.00% 1151 0 0 - 0 1151 250 120 48.00% 130 52.00% 746 214 104 48.60% 110 51.40% 746 0 0 - 0 746 214 104 48.60% 110 51.40% 721 154 85 55.19% 69 44.81% 721 0 0 - 0 721 154 85 55.19% 69 44.81% COUNTY OF SAN DIEGO SPECIAL STATEWIDE ELECTION Tuesday, November 8, 2005 Official Canvass (SOVC) - PROP B- CITY OF NATIONAL CITY Date:12/03/05 Time:10:31:07 Page:2 of 4 Polling Absentee Total 517500-NATIONAL CITY Polling Absentee Total 517600-NATIONAL CITY Polling Absentee Total 517800-NATIONAL CITY Polling Absentee Total 518100-NATIONAL CITY Polling Absentee Total 518310-NATIONAL CITY Polling Absentee Total 518600-NATIONAL CITY Polling Absentee Total 518800-NATIONAL CITY Polling Absentee Total 999158-NATIONAL CITY -ABSENTEE Polling Absentee Total Total Polling Absentee Total Reg. Voters TURN OUT Cards Cast PROPS -CITY OF NATIONAL CITY 1 % Sales Tax Increase % Reg. Voters Turnout Total Votes YES NO CONGRESSIONAL DISTS 2001 51ST CONGRESSIONAL DIST 899 899 256 28.48% 0 0.00% 899 256 28.48% 679 679 211 31.08% 0 0.00% 679 211 31.08°/ 949 949 256 26.98% 0 0.00% 949 256 26.98% 1054 1054 284 26.94% 0 0.00% 1054 284 26.94% 912 912 912 1118 1118 276 3026% 0 0.00% 276 30.26% 289 25.85% 0 0.00% 1118 289 25.85% 770 770 162 21.04% 0 0.00% 770 162 21.04% 829 829 218 26.30% 0 0.00•/. 829 218 26.30% 173 0 0.00% 173 20511185.55% 173 20511185.55% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 123 48.62% 0 - 899 253 130 51.38% 123 48.62% 0 - 679 200 94 47.00% 679 0 0 899 899 253 0 130 51.38% 106 53.00% 0 679 200 94 47.00% 106 53.00% 949 237 127 53.59% 110 46.41% 949 0 0 _ 0 949 237 127 53.59% 110 46.41% 1054 274 0 141 51.46% 133 48.54% 0 1054 274 141 51.46% 133 48.54% 1054 912 912 266 0 0 - 121 45.49% 0 - 145 54.51% 0 - 912 266 121 45.49% 145 54.51% 1118 280 96 34.29% 184 65.71% 1118 0 0 - 0 - 1118 280 96 34.29% 184 65.71% 770 154 77 50.00% 77 50.00% 770 0 0 - 0 - 770 154 77 50.00°/. 77 50.00% 829 208 79 37.98% 129 62.02% 829 0 0 - 0 - 829 208 79 37.98% 129 62.02% 173 0 0 - 0 - 173 2011 789 39.23% 1222 60.77% 173 2011 789 39.23% 1222 60.77% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% COUNTY OF SAN DIEGO SPECIAL STATEWIDE ELECTION Tuesday, November 8, 2005 Official Canvass (SOVC) - PROP B- CITY OF NATIONAL CITY Date:12/03/05 Time:10:31:07 Page:3 of 4 Reg. Voters TURN OUT Cards Cast Turnout PROP B-CITY OF NATIONAL CITY 1% Sales Tax Increase Reg. Voters Total Votes Polling Absentee Total Total Polling Absentee Total STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling Absentee Total Total Polling Absentee Total STATE SENATORIAL DISTS 2001 40TH SENATORIAL DIST Polling Absentee Total Total Polling Absentee Total STATE ASSEMBLY DISTS 2001 79TH ASSEMBLY DIST Polling Absentee Total Total Polling Absentee Total SUPERVISORIAL DISTRIC;IS 2001 1ST SUPERVISORIAL DIST Polling Absentee 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19%. 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 15546 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% YES NO 3999 1804 45.11% 2195 54.894X, 2011 789 39.23% 1222 60.77% 15546 3999 1804 45.11% 2195 54.895'. 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77%. 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 15546 4193 26.97% 15546 15546 2051 13.19% 15546 15546 6244 40.16% 15546 15546 4193 26.97% 15546 2051 13.19% 6010 2593 43.14% 3417 56.86% 3999 1804 45.11% 2195 54.89% 2011 789 39.23% 1222 60.77% 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% COUNTY OF SAN DIEGO SPECIAL STATEWIDE ELECTION Tuesday, November 8, 2005 Official Canvass (SOVC) - PROP B- CITY OF NATIONAL CITY Date:12/03/05 Time:10:31:07 Page:4 of 4 Reg. Voters TURN OUT Cards Cast Turnout PROP B-CITY OF NATIONAL CITY 1% Sales Tax Increase Reg. Voters Total Votes YES NO Total Total Polling Absentee Total INCORP CITIES - OVERALL NATIONAL CITY 515500-518990 Polling Absentee Total Total Polling Absentee Total INCORP CITY COUNCIL DISTS 2001 No Matching District Polling Absentee Total Total Polling Absentee Total 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 4193 26.97% 15546 2051 13.19% 15546 6244 40.16% 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77°/Q 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77% 15546 6010 2593 43.14% 3417 56.86% 15546 3999 1804 45.11% 2195 54.89% 15546 2011 789 39.23% 1222 60.77°4 15546 6010 2593 43.14% 3417 56.86% City of National City, California COUNCIL AGENDA STATEMENT 'METING DATE December20, 2005 AGENDA ITEM NO. 20 / ITEM TITLE WARRANT REGISTER #21 PREPARED BY DEPARTMENT EXPLANATION Finance City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #21 per Government Section Code 37208. CEnvironmental Review N/A 1-Financial Statement Not applicable. Approved By: Final et'o irector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,083,613.67 BOARD / COMMISSION RE R OMMEND ,TION ATTACHMENTS ( Listed Below ) 1. Warrant Register #21 2. Workers Comp Warrant Register dated 11/16/05 3 Payroll Re0istpr cIatPrl 11 /1 F/05 A-200 (9.99) Resolution No. Payee WEBSTER AAA RADIATOR WAREHOUSE ACCOUNTEMPS ACCOUNTEMPS ACEDO AIRGAS-WEST City of National City WARRANT REGISTER # 21 11/22/05 llescriotion REIMB CTA CONFERENCE 11/01-11/03/05 AUTOMOTIVE PARTS (RADIATORS, HEATER TEMP SRVCS MARY-JO REBELEZ W/E 11/04/05 TEMP SRVCS MORRIS PATRICK W/E 11/04/05 REIMB/RECREATION CENTER SUPPLIES/ACEDO MOP 45714 GLOVES ALPHA PROJECT FOR THE HOM ALPHA PROJECT FOR THE HOMELESS FOR BCM MECHANICAL INC. MAINTENANCE OF HVAC FOR CITY HALL DATA BLACKIE'S TROPHIES AND AWA MOP 67727 NAME TAGS W / STARS BONITA PET HOSPITAL EMERGENCY ANIMAL CARE FOR STRAY ANIMALS CALIFORNIA COMMERCIAL SEC MOP 45754 SUPPLIES HEVRON USA, INC. MOP 45699 FUEL FOR CITY VEHICLES CITY OF NATIONAL CITY PETTY CASH COMPUTER PROTECTION TECH INSTALLATION COPWARE INC. CORPORATE EXPRESS COUNTY OF SAN DIEGO, RCS COURTYARD BY MARRIOT SUBSCRIPTION/SITE LICENSE MOP 45704 OFFICE SUPPLIES RCS RADIO SERVICE AND MAINTENANCE (JULY ADV LODGING/TIM GIEDD-COMMU TRAINING CURTIS ALLAN FLOORCOVERIN MIS BACK OFFICE: REMOVE EXISTING DELL DELL POWEREDGE2850 SERVER FOR GIS DEPARTMENT OF TRANSPORTA SEPT 2005 HIGHWAY LIGHTING DOW DSL EXTREME DURRA INK EDUC REIMB -TIMOTHY DOW COMMU COMPUTER PROJ @ EL TOYON NEWSLETTERS FOR OCTOBER ENVIRONMENTAL HAZARDS SE 2260/2261/2259/2962 LEAD WIPE SAMPLES FEDEX IDEX GIEDD HARWARD HODGES FEDEX PLAZA BONITA MND TO STATE FEDEX CHRGS ADV MEALS/MILEAGE/GIEDD-COMMU TRAINING EDUC REIMB/MANAGEMNT COMP/DANIEL HARWARD MILEAGE REIMB MID-YEAR/HODGES BRENDA chk no chk date amount 205195 11/17/05 775.50 205196 11/22/05 5.49 205197 11/22/05 1,480.00 205198 11/22/05 1,358.40 205199 11/22/05 64.47 205200 11/22/05 56.85 205201 11/22/05 3,964.26 205 202 11/22/05 150.00 205203 11/22/05 32.33 205204 11/22/05 1,430.00 205205 11/22/05 21.36 205206 11/22/05 26.01 205207 11/22/05 1,140.68 205208 11/22/05 3,379.40 205209 11/22/05 1,364.88 205210 11/22/05 110.08 205211 11/22/05 8,718.50 205212 11/22/05 715.95 205213 11/22/05 1,974.50 205214 11/22/05 5,510.40 205215 11/22/05 1,951.80 205216 11/22/05 1,010.00 205217 11/22/05 26.16 205218 11/22/05 4,621.00 205219 11/22/05 120.00 205220 11/22/05 35.47 205221 11/22/05 20.89 205222 11/22/05 258.40 205223 11/22/05 660.00 205224 11/22/05 134.26 t HODGES HOME DEPOT/GECF HOOD IBARRA REIMB FOR CAPPO MEETING/BRENDA HODGES GRAFFITI REMOVERI8 REIMB GFOA CONE REGISTRATION FEE REIMB/ATTENDANCE S D ACIA MEETING/IBARRA INTERNATIONAL CODE COUNC: BOOKS PURCHASED FROM ICC INZUNZA KLEINFELDER, INC. LEXIS-NEXIS LOPEZ MAAC PROJECT MAGGIORA MALLORY FIRE REIMB FOR TAXI FROM AND TO AIRPORT/INZUN MATERIAL TEST SPEC 03-11 ONLINE CHARGES FOR OCTOBER 2005 INTERPRETATION SRVCS ON 11/15/05 AUG 2005 MAAC CONTRACT -LEAD HAZARD CNTRL 125 PLAN REIMBUNRSEMENT #10063764A1, EVOLUTION 5200 THERMAL MBIA MUNISERVICES COMPAN REDEVELOPMENT STUDY MOMAR, INC. MORE DIRECT NEXUS IS, INC. #AB9040-6 VEHICLE SPILL KIT DOCKING STATION FOR CF-29 LAPTOPS, MOVE, ADD AND CHANGE PHONE LINES AND OFFICE OF THE MEDICAL EXAM OBSERVER SAFETY CLOTHING FOR AUTOPSIES OFFICE TEAM ORCUTT ORCUTT ORCUTT PACIFIC AUTO REPAIR TEMP SRVCS WILLIAMS LEON W/E 11/04/05 125 PLAN REIMBURSEMENT NOTARY PACKAGE NOTARY SUPPLIES SMOG CHECKS FOR CITY VEHICLES AS NEEDED PROGRESSIVE SOLUTIONS INC. GL EDEN INTERFACE SOFTWARE & TRAINING RIVERSIDE COUNTY SHERIFF D ADV TUITION/TIM GIEDD-COMMU TRAINING ROJAS 125 PLAN REIMBURSEMENT SAN DIEGO DAILY TRANSCRIPT ADVERTISING/SPEC 05-5 BIKEWAY MASTR PLAN SAN DIEGO DAILY TRANSCRIPT ADVERTISEMENT/RFP - SEWER SAN DIEGO NEIGHBORHOOD NI PUBLIC NOTICE PRINTING SAN DIEGO NEIGHBORHOOD NI ADVERTISING/SPEC 05-5 SAN DIEGO SPEEDO TACH, INC. SPEEDOMETER CALIBRATION FOR CITY SBC/MCI SBC COMMUNICATION VOICE AND DATA SD CNTY CITY CLERK'S ASSO DUES 2004-2005 & 2005-2006 RPLC CK203842 SHOEMAKER SHRED -IT STARTECH COMPUTERS SWEETWATER AUTHORITY 125 PLAN REIMBURSEMENT SHREDDING MOP 61744 COMPUTER SUPPLIES WATER BILLS/STREET 3 INVOICES 205245 11/22/05 205246 11/22/05 205247 11/22/05 205248 11/22/05 205249 11/22/05 384.93 205250 11/22/05 220.40 205251 11/22/05 104.40 205252 11/22/05 256.26 205253 11/22/05 169.13 205254 11/22/05 345.00 205255 11/22/05 1,072.48 205256 11/22/05 40.00 205257 11/22/05 864.00 205258 11/22/05 1,073.50 205259 11/22/05 128.22 205260 11/22/05 783.60 205225 11/22/05 45.00 205226 11/22/05 258.93 205227 11/22/05 310.00 205228 11/22/05 25.00, 205229 11/22/05 264.62 205230 11/22/05 60.00 205231 11/22/05 356.00 205232 11/22/05 133.33 205233 11/22/05 100.00 205234 11/22/05 30,003.00 205235 11/22/05 362.24 205236 11/22/05 15,276.80 205237 11/22/05 1,674.91 205238 11/22/05 467.61 205239 11/22/05 1,336.10 205240 11/22/05 2,436.00 205241 11/22/05 36.00 205242 11/22/05 739.20 205243 11/22/05 1,025.02 205244 11/22/05 . 409.02 77.41 1,619.00 3,500.00 114.00 2 TARULLI TIRE SAN DIEGO INC MOP 47940 TIRE REPAIR 205261 11/22/05 80.00 THE STAR NEWS PROOF OF PUBLICATION ORDINANCE 2274 205262 11/22/05 205.00 THE STAR NEWS LEGAL ADVERTISING NOV 21, 2005 205263 11/22/05 102.50 'HE STAR NEWS ADVERTISEMENT/REP SEWER 205264 11/22/05 82.00 1'REO CENTRAL STORE SEIDIO SHIELD HOLSTER FOR TREO 650, 205265 11/22/05 100.80 UNDERGROUND SERV ALERT UNDERGROUND SRVC FOR OCTOBER 2005 205266 11/22/05 150.35 UNDERWRITERS LABORATORIE GROUND LADDER TESTING @ $2.10 PER FOOT 205267 11/22/05 789.60 UNION TRIBUNE PUBLISHING C AD FOR FIRE STATION OPEN 205268 11/22/05 522.00 VISTA PAINT GRAFFITI PAINT 205269 11/22/05 302.83 WEST GROUP PAYMENT CENTE ON-LINE CHARGES FOR OCTOBER 2005 205270 11/22/05 616.15 WESTERN GRAPHICS NEWSLETTER MAILINGS NOV 2005 205271 11/22/05 2,912.91 WILLY'S ELECTRONIC SUPPLY MOP 45763 COMPUTER SUPPLIES 205272 11/22/05 124.12 ARCO GASPRO PLUS FUEL FOR STAFF VEHICLES 205273 11/22/05 704.13 ASSOCIATED TOWING INV# 357039/040/031/823 TOWING BUS 205274 11/22/05 1,225.00 BATTERY SYSTEMS C-8D-BT 12V COMM'L 8D W/BUS TERMINAL 205275 11/22/05 652.64 BAYSHORE TRANSIT MGMT INC PAYROLL CK DTD 11/16/05 205276 11/22/05 48,422.87 CABELA'S INC EMERGENCY RADIO/FLASHLIGHT 205277 11/22/05 263.70 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 205278 11/22/05 131.64 OPY POST PRINTING BUS ROUTE MAPS 205279 11/22/05 3,946.10 CORPORATE EXPRESS OFFICE SUPPLIES 205280 11/22/05 294.61 COUNTY OF SAN DIEGO PAYROLL PPE 11/12/05 - JOSE VAQUEZ 205281 11/22/05 50.00 COUNTY OF SAN DIEGO PAYROLL PPE 11/12/05 - SHERRY LOGEL 205282 11/22/05 23.04 FEDEX OVERNIGHT SHIPPING CHARGES 205283 11/22/05 42.77 FILIPINO PRESS DISPLAY ADVERTISING 205284 11/22/05 400.00 GIBBS REIMB CTA CONFERENCE 205285 11/22/05 850.26 INDUSTRIAL SUPPLY DISTRIBU NITRILE GLOVES 205286 11/22/05 133.57 JW HOWARD ATTORNEYS LEGAL FEES 205287 11/22/05 1,425.00 L.C. TURBO TURBO HX4OW REBUILD ORDER # 101805 205288 11/22/05 608.79 NATIONAL CITY PUBLIC LIBRAI LIBRARY CONTRIBUTIONS - PPE 11/12/05 NATIONAL INTERSTATE INS CO LIABILITY INSUR. NEXTEL COMMUNICATIONS RADIO PHONE CHARGES 10/10/05 - 11/09/05 NORTHWEST PUMP & EQUIPT C OVERTIME TRAVEL TIME 2 HRS @ 112.50 PRINCIPAL FINANCIAL GROUP 401K PPE 11/12/05 DCKHURST UNIVERSITY GRAMMAR & WRITING SEMINAR SAN DIEGO BUS DRIVERS UNIO UNION DUES - NOV. '05 SAN DIEGO COUNTY SHERIFF PAYROLL PPE 11/12/05 - CHRISTINA RAMOS SMART & FINAL COFFEE SUPPLIES 205289 11/22/05 29.85 205290 11/22/05 16,563.16 205291 11/22/05 864.62 205292 11/22/05 274.84 205293 11/22/05 2,510.68 205294 11/22/05 395.00 205295 11/22/05 1,279.95 205296 11/22/05 50.00 205297 11/22/05 66.75 STATE OF CALIFORNIA PAYROLL PPE 11/18/05 - DIANNE BUCKINGHAM 205298 11/22/05 73.36 Total 194,458.74 Workers compensation checks Total Total PAYROLL 10805 11/16/05 205.01 10806 11/16/05 615.00 10807 11/16/05 83.94 10808 11/16/05 612.33 10809 11/16/05 12.25 10810 11/16/05 27.84 10811 11/16/05 170.08 10812 11/16/05 140.84 10813 11/16/05 265.04 10814 11/16/05 117.82 10815 11/16/05 38.50 10816 11/16/05 167.88 10817 11/16/05 293.84 10818 11/16/05 58.12 10819 11/16/05 370.00 - 10820 11/16/05 873.64 10821 11/16/05 400.00 10822 11/16/05 1,192.40 10823 11/16/05 100.00 10824 11/16/05 370.00 10825 11/16/05 320.00 10826 11/16/05 761.05 10827 11/16/05 400.00 10828 11/16/05 84.10 7,679.68 202,138.42 Pay period Start Date End Date Check Date 266 10/24/05 11/7/05 11/16/05 Total GRAND TOTAL TRANSIT WARRANTS 26 CHECKS CHECK#205273-205298 $ 81,282.33 881,475.25 1,083,613.67 001 104 105 109 111 125 136 154 171 172 188 189 191 208 212 222 230 246 253 25e 2'. 274 276 280 282 301 302 307 312 552 626 627 628 629 630 631 632 643 City of National City Warrant Register # 21 11/22/05 GENERAL FUND 659,024.37 LIBRARY FUND 32,589.62 PARKS MAINTENANCE FUND 19,042.93 GAS TAXES FUND 4,033.30 P.O.S.T. FUND 974.35 SEWER SERVICE FUND 19,981.91 TINY TOT CLASSES FUND 139.48 STATE PUBLIC LIBRARY FUND 762.28 LIBRARY SCHOOL DISTRICT CNTRCT 1,241.72 TRASH RATE STABILIZATION FUND 5,649.31 GRANT - HIDTA 3,421.84 CIVIC CENTER REFURBISHING 1,325.00 STOP PROJECT 1,416.28 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 310.00 PERSONNEL COMPENSATION FUND 23,181.75 WOW MOBILE GRANT FY 2000-2001 2,258.83 ABANDONED VEHICLE ABATEMENT GRANT 2,926.74 WINGS GRANT 28,815.11 RECREATIONAL ACTIVITIES FUND 64.47 LEAD -BASED PAINT HAZARD REDUCTION GRANT 38,356.02 CBAG-MAJOR MEXICAN TRAFFICKERS 3,913.28 LITERACY INITIATIVE XIII 1,029.20 LITERACY SERVICES YEAR 2 886.17 AMERICORPS/CNCS YEAR 2 GRANT 3,173.69 REIMBURSABLE GRANTS CITYWIDE 16,206.80 GRANT-C.D.B.G. 7,919.08 CDC PAYMENTS 15,290.41 PROPOSITION A" FUND 6,326.58 STP LOCAL/TRANSNET HIGHWAY 389.53 TDA 82,263.93 FACILITIES MAINT FUND 19,413.16 LIABILITY INS. FUND 7,868.68 GENERAL SERVICES FUND 5,500.90 INFORMATION SYSTEMS MAINTENANC 19,405.61 OFFICE EQUIPMENT DEPRECIATION 12,534.50 TELECOMMUNICATIONS REVOLVING 3,755.67 GENERAL ACCOUNTING SERVICES 17,590.04 MOTOR VEHICLE SVC FUND 14,631.13 Total 1,083,613.67 5 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20TH DAY OF DECEMBER 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE December 20, 2005 AGENDA ITEM NO. 21 ITEM TITLE WARRANT REGISTER #22 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #22 per Government Section Code 37208. ( Environmental Review N/A Financial Statement Not applicable. 1 Approved By: Finanrector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,433,952.26 BOARD / COMMISSION RECO MENDAT ON (1.-/nett/l) " S'W ATTACHMENTS ( Listed Below ) 1. Warrant Register #22 2. Workers Comp Warrant Register dated 11/23/05 3. A-200 99) Resolution No. City of National City WARRANT REGISTER # 22 11/29/05 Payee Description chk no chk date amount AAA RADIATOR WAREHOUSE ACCOUNTEMPS MARY-JO REBELEZ, WKENDING 11/11/05, ALMENAR LIABILITY CLAIM COSTS BANK OF AMERICA BOA CHRGS #2805 BAY CITY TELEVISION FOX 6 YOUR NEW HOME NC BECK 125 PLAN REIMBURSEMENT BEST BEST & KRIEGER LLP LIABILITY CLAIM COSTS BICYCLE DISCOVERY CAR RACK, HOLLYWOOD HR2200 4-BK, BJ'S RENTALS #17520209#0 - SKIDSTEER LOADER RENTAL BOOT WORLD MOP 64096 BOOTS - PICHE 3OYD RETIREE HEALTH BENEFITS DEC 2005 BRATTIN MOTORS #999000512 REAR D205G SPORTMAX 170-17 C W REED JR RETIREMENT 2000964-S90 FOR DEC 2005 CALIFORNIA COMMERCIAL SECUR MOP 45754 - PADLOCK AUTOMOTIVE PARTS (RADIATORS, HEATER 205299 11/29/05 118.31 205300 11/29/05 2,566.72 205301 11/29/05 205.00 205302 11/29/05 1,485.68 205303 11/29/05 20,000.00 205304 11/29/05 300.04 205305 11/29/05 345.00 205306 11/29/05 250.00 205307 11/29/05 240.47 205308 11/29/05 106.66 205309 11/29/05 145.00 205310 11/29/05 228.08 205311 11/29/05 981.51 205312 11/29/05 195.10 CAMPBELL 125 PLAN REIMBURSEMENT 205313 11/29/05 590.00 CHEVRON USA, INC. MOP 45699 - FUEL 205314 11/29/05 218.44 CITY TREASURER METROPOLITAN SEWAGE/2ND ORTR 205315 11/29/05 1,173,956.00 CORPORATE EXPRESS MOP 45704 - OFFICE SUPPLIES 205316 11/29/05 267.84 D-MAX ENGINEERING INC OCT 2005 SRVCS-STORM WATER SRVCS 205317 11/29/05 23,632.69 DANIEL PEARCE/ RPM WELDING MOP 45749 - PW GATE REPAIR 205318 11/29/05 1,384.48 DAPPER TIRE COMPANY TIRES 205319 11/29/05 371.28 DEFRATIS RETIREE HEALTH BENEFITS DEC 2005 205320 11/29/05 120.00 DICERCHIO RETIREE HEALTH BENEFITS DEC 2005 205321 11/29/05 70.00 DIEHL EVANS & COMPANY LLP (1) 2005 GOVT TAX MANUAL/TESS LIMFUECc205322 11/29/05 134.69 DIXIELINE LUMBER CO. MOP 45707 - BUCKETS 205323 11/29/05 42.71 DREW FORD MOP 49078 - INDICATORS 205324 11/29/05 38.49 1 City of National City WARRANT REGISTER # 22 11/29/05 Payee Description chk no chk date amount DREW 125 PLAN REIMBURSEMENT 205325 11/29/05 1,500.20 EARLY CHILDHOOD MANUFACTUR PAPER -TRAY CUBBIE, WITHOUT PAPER-TRA'205326 11/29/05 465.86 EWERT, PHILLIP RETIREE HEALTH BENEFITS DEC 2005 205327 11/29/05 160.00 FIRE ETC DRAIN VALVE STEM 205328 11/29/05 135.23 FLEET SERVICES, INC MOP 67804 - AUTOMOTIVE PARTS 205329 11/29/05 510.61 GENERATOR POWER SYSTEMS EMERGENCY REPAIRS TO CITY WIDE 205330 11/29/05 1,874.85 GRAINGER MOP 65179 SCALE/ROPE 205331 11/29/05 143.28 GROFF DRIVER'S LICENSE REIMBURSEMENT 205332 11/29/05 5.00 HAMILTON RETIREE HEALTH BENEFITS DEC 2005 205333 11/29/05 100.00 HARRIS & ASSOCIATES AUG 15 -OCT 23 2005 SRVCS-COMPUTER COM 205334 11/29/05 14,015.79 HART 205335. 11/29/05 78.26 HIRSCHON 205336 11/29/05 140.00 HOLLOWAY, WILLIAM 205337 11/29/05 150.00 IBARRA 205338 11/29/05 110.78 KILLACKY 205339 11/29/05 140.00 KIMBLE 205340 11/29/05 300.00 LAFRENIERE 205341 11/29/05 140.00 LEXISNEXIS 205342 11/29/05 495.00 LIEBERT CASSIDY WHITMORE 205343 11/29/05 1,300.00 MATIENZO 205344 11/29/05 100.00 MCCABE 205345 11/29/05 280.00 MERCURY INSURANCE COMPANY LIABILITY CLAIM COSTS -A VILLEGAS-CHAV1205346 11/29/05 941.66 MOLINA RELEASE OF ALL CLAIMS TO: BLANCA M. 205347 11/29/05 591.64 MORA 125 PLAN REIMBURSEMENT 205348 11/29/05 1,230.32 MORE DIRECT CARDSCAN EXECUTIVE 700 USB W/V7.0SW, 205349 11/29/05 245.67 MYERS TIRE SUPPLY #61799 T025N WEIGHTS COATED 205350 11/29/05 63.58 MYERS RETIREE HEALTH BENEFITS DEC 2005 205351 11/29/05 140.00 REIMB FOR COURT MILEAGE/PARKING VOICE/DATA SERVICES REIMBURSEMENT RETIREE HEALTH BENEFITS DEC 2005 REIMB FOR CALBO TRAINING EXPS EDUCATIONAL EXPS REIMBURSEMENT RETIREE HEALTH BENEFITS DEC 2005 EDUCATIONAL EXPS REIMBURSEMENT WEBSITE STORAGE SERVICE 1/06 - 12/06 RETAINER AGREEMENT - OCTOBER 2005 RETIREE HEALTH BENEFITS DEC 2005 RETIREE HEALTH BENEFITS DEC 2005 Payee N.C. HOST LIONS CLUB NAPA AUTO PARTS NATIONAL CITY CAR WASH NEXUS IS, INC. NOSAL, WILLIAM A. OFFICE SUPPLIES PLUS OLIVARES ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PACIFIC AUTO REPAIR PARKER NEWS SERVICE 'ARTS PLUS AUTOSTORE #713 PAW POTTER POWELL POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUAL CHEM CORP. RAY REED City of National City WARRANT REGISTER # 22 11/29/05 Description chk no 4TH OF JULY DISPLAY MOP 45735 - AUTOMOTIVE PART 205352 205353 CAR WASHES FOR CITY FLEET OCT 2005 205354 MOVE, ADD AND CHANGE PHONE LINES ANr205355 RETIREE HEALTH BENEFITS DEC 2005 TINY TOT SUPPLIES 125 PLAN REIMBURSEMENT MOP 67256 - LIGHT MOP 45740 - RECOIL ASSEMBLY SMOG CHECKS FOR CITY VEHICLES AS NEEE205361 VIDEO NEWSCLIPS MOP 64946 - HUB ASSEMBLY RETIREE HEALTH BENEFITS DEC 2005 RETIREE HEALTH BENEFITS DEC 2005 205356 205357 205358 205359 205360 205362 205363 205364 205365 REIMB. FOR EDUCATIONAL EXPENSES AND 1205366 MOP 67839 - BATTERY MOP 45742 - UNIFORMS - FACILITIES SERVICE PERIOD 11-05-4 205367 205368 205369 INVERTED SPRAY PAINT FLOURESCENT GRE205370 RETIREE HEALTH BENEFITS DEC 2005 EDUCATIONAL EXPS REIMBURSEMENT RON BAKER CHEVROLET-GEO-ISU MOP 45751 - SWITCH ROUNDS RUIZ SAN DIEGO PET & LAB SUPPLY SAN LEANDRO MARINA INN .,BC/MCI REIMB COURT MILEAGE/PARKING RETIREE HEALTH BENEFITS DEC 2005 MOP 45753 SUPPLIES FOR K-9 UNITS. ADV LODGING/WILLIAM STRASEN VOICE AND DATA #C60-449-7549-555 205371 205372 205373 205374 205375 205376 205377 205378 chk date amount 11/29/05 6,474.50 11/29/05 647.23 11/29/05 432.00 11/29/05 356.00 11/29/05 921.86 11/29/05 73.72 11/29/05 183.64 11/29/05 356.93 11/29/05 26.70 11/29/05 300.00 11/29/05 310.86 11/29/05 251.86 11/29/05 340.00 11/29/05 150.00 11/29/05 660.00 11/29/05 253.48 11/29/05 303.77 11/29/05 60,972.86 11/29/05 199.88 11/29/05 190.00 11/29/05 140.00 11/29/05 113.07 11/29/05 57.62 11/29/05 310.00 11/29/05 252.95 11/29/05 277.20 11/29/05 5,664.55 3 Payee SBC/MCI SHORT, CRAIG SMART & FINAL SO. CAL. VETERINARY DENTAL SOUTHERN CALIF TRUCK STOP STATE COMPENSATION INS FUND STRASEN SUN BADGE COMPANY INC. SWEETWATER AUTHORITY THE LIGHTHOUSE, INC. THE STAR NEWS THE STATE BAR OF CALIFORNIA TOM MOYNAHAN U.S. HEALTHWORKS UNION BANK OF CALIFORNIA UNION TRIBUNE PUBLISHING CO VALLEY INDUSTRIAL SPECIALTIES VULCAN MATERIALS COMPANY WEST GROUP PAYMENT CENTER WESTERN GRAPHICS WOOD & WOOD WOOD & WOOD WOOD & WOOD WURBS ZIETLOW, DAVID ZIONS BANK BAYSHORE TRANSIT MGMT INC City of National City WARRANT REGISTER # 22 11/29/05 Description chk no VOICE AND DATA #619 477-9738 6438 RETIREE HEALTH BENEFITS DEC 2005 MOP 45756 - CLEANING SUPPLIES DENTAL CARE FOR K9 ROBBY MOP 45758 -PROPANE 205379 205380 205381 205382 205383 CLAIMS ADMINISTRATION SERVICE FEE OCI205384 ADV MEALS/CAR RENTAL-W STRASEN 205385 MOP 45761 SUNTONE BADGE POLICE DEPT. 205386 WATER BILLS/FACILITIES #143-4710-0 MOP 45726 - FLASHER 205387 205388 ADVERTISING MISC. CONCRETE IMPROVEM1205389 2006 MEMBRSHP FEES/EISER & SILVA 205390 MOP 45734 - TOW UNIT #316 205391 MED.- EXAM. NEW PATIENT RIGOBERTO CH/ 205392 NC7PFA ADM BILLING OCTO5 TO SEPO6 205393 ADVERTISING RFQ FOR BIKEAWAY MASTER 205394 MOP 46453 - PLUMBING PARTS 205395 ASPHALT FOR FISCAL YEAR 2006 205396 LSI LEGAL PROFESSIONALS HANDBOOK, 200:205397 NC NEWSLETTER POSTAGE FRISBIE VS. CITY OF NATIONAL CITY, ANTONIO FLORES, VS. J.C. PENNEY 205398 205399 205400 LIABILITY CLAIM COSTS -PROF SRVCS OCT20205401 REIMB LEAGUE OF CA CITIES EXPS-N INZUN:205402 RETIREE HEALTH BENEFITS DEC 2005 2ND LEASE PMT FOR 800 MHZ EQUIPTS PAYROLL CK DTD 11/18/05 205403 205404 205405 chk date amount 11/29/05 234.46 11/29/05 300.00 11/29/05 70.72 11/29/05 1,177.40 11/29/05 20.93 11/29/05 6,664.00 11/29/05 310.44 11/29/05 343.72 11/29/05 80.46 11/29/05 124.99 11/29/05 445.88 11/29/05 890.00 11/29/05 50.00 11/29/05 76.50 11/29/05 1,871.79 11/29/05 168.00 11/29/05 437.64 11/29/05 84.19 11/29/05 107.75 11/29/05 306.58 11/29/05 6,541.00 11/29/05 2,717.00 11/29/05 483.50 11/29/05 287.28 11/29/05 150.00 11/29/05 48,678.25 11/29/05 678.49 4 Payee BILL HOWE PLUMBING INC BLUE SHIELD OF CA CINTAS CORPORATION #694 CINTAS FIRST AID & SAFETY COLORALL TECHNOLOGIES COPY POST PRINTING CUMMINS CAL PACIFIC, LLC DAPPER TIRE COMPANY DIRECT TV DIXIELINE LUMBER CO. EW TRUCK & EQUIPMENT CO INC ROMEX PHOTO & STUDIO H.R. DIRECT KAMAN INDUSTRIAL TECHNOLOGI KIRK'S RADIATOR & AUTO AIR INC KIWANIS CLUB OF NATIONAL CITY MCDONALD TRANSIT ASSOC. INC. NEW FLYER PARTS NORTHWEST PUMP & EQUIPT CO SAN DIEGO DODGE SATURN OF NATIONAL CITY SOUTH COAST MEDICAL CLINIC SPANKY'S, INC. SUPERIOR CLEANING EQUIPMENT THERMO KING W.W. GRAINGER, INC. City of National City WARRANT REGISTER # 22 11/29/05 Description chk no INSTALLATION OF WATER HEATER DENTAL INSUR. - DEC. '05 MAINT LAUNDRY SERVICING FIRST AID KIT BUS REPAIRS FOR FY 06 COLOR COPIES AND BINDING BUS PARTS AS NEEDED FOR FY06 205406 205407 205408 205409 205410 205411 205412 PRODUCT CODE 187-406-016-0 DESCRIPTION 205413 DIRECT TV SHOP SUPPLIES BUS PARTS AS NEEDED FOR FY06 DIGITAL CAMERA REPAIRS 2006 ABSENTEE CALENDARS 001 MED 65-120 PLEATED CLEAN & TEST COOLER DUE/MEALS/PROMO IN BULLETIN MANAGEMENT FEE - NOV. '05 BUS PARTS -WIPER ARM ASSY MOTOR REPLACEMENT FOR FUEL PUMP DESCRIPTION # 5015581AB: FILTER PKG: PART # 21019628 BIN# 135A DESCRIPTION PRE -EMPLOYMENT DRUG SCREEN PORT-A-POTTIE SERVICE BUS WASH REPAIR BUS PARTS AS NEEDED FOR FY 06 LAMPS 205414 205415 205416 205417 205418 205419 205420 205421 205422 205423 205424 205425 205426 205427 205428 205429 205430 205431 chk date amount 11/29/05 1,490.91 11/29/05 537.19 11/29/05 241.64 11/29/05 173.25 11/29/05 850.00 11/29/05 47.38 11/29/05 488.11 11/29/05 142.38 11/29/05 74.98 11/29/05 34.78 11/29/05 623.59 11/29/05 165.71 11/29/05 73.25 11/29/05 26.55 11/29/05 66.95 11/29/05 274.00 11/29/05 12,776.40 11/29/05 521.07 11/29/05 4,169.78 11/29/05 29.88 11/29/05 60.25 11/29/05 72.00 11/29/05 411.41 11/29/05 188.46 11/29/05 240.77 11/29/05 538.13 Total $ 1,431,192.39 City of National City WARRANT REGISTER # 22 11/29/05 Payee Workers compensation checks Description chk no chk date amount 10829 11/23/05 47.60 10830 11/23/05 121.63 10831 11/23/05 78.42 10832 11/23/05 118.19 10833 11/23/05 425.74 10834 11/23/05 135.35 10835 11/23/05 141.30 10836 11/23/05 85.29 10837 11/23/05 85.29 10838 11/23/05 225.97 10839 11/23/05 59.29 10840 11/23/05 83.34 10841 11/23/05 59.29 10842 11/23/05 180.96 10843 11/23/05 139.85 10844 11/23/05 217.29 10845 11/23/05 92.77 10846 11/23/05 15.00 10847 11/23/05 400.00 10848 11/23/05 32.30 10849 11/23/05 15.00 Total $ 2,759.87 6 Payee City of National City WARRANT REGISTER # 22 11/29/05 Description chk no chk date amount Grand Total 1,433,952.26 TRANSIT WARRANTS CHECK#205405-205431 27 CHECKS $ 24,997.31 City of National City WARRANT REGISTER #22 11/29/05 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 212 PERSONNEL COMPENSATION FUND 254 LEAD -BASED PAINT HAZARD REDUC 312 STP LOCAL/TRANSNET HIGHWAY 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENA 631 TELECOMMUNICATIONS REVOLVI 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND TOTAL 149,769.91 316.11 14,461.67 905.80 1,197,818.65 256.80 539.58 4,908.37 110.78 168.00 24,997.31 2,775.56 21,325.17 371.28 1,079.00 6,039.01 2,701.41 5,407.85 1,433,952.26 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 DI TOR, id- - . , 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 20TH DAY OF DECEMBER 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE December 20, 2005 22 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #23 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #23 per Government Section Code 37208. Environmental Review N/A Financial Statement Approved By: ,_�=-� " Not applicable. Finance DXFector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 987,053.83 BOARD / COMMISSION R //O�M1MEND TION ATTACHMENTS ( Listed Below ) 1. Warrant Register#23 2. Workers Comp Warrant Register dated 11/30/05 3. Payroll Register dated 11/30/05 Resolution No. A -zoo 99. 99) BANK OF AMERICA BANK OF AMERICA BARGAIN CENTER INC. BEST WESTERN IMAGE INN BOOT WORLD BUTLER'S MILL, INC. City of National City WARRANT REGISTER # 23 12/6/05 Pavee Description chk no chk date amount ARCO GASPRO PLUS FUEL FOR CITY FLEET AS NEEDED FOR 205432 12/1/05 28,003.55 AYDELOTTE ADV MEALS SAFE SCHOOL SEMINAR 205433 12/1/05 95.00 BANK OF AMERICA BOA CHRGS-TRAVEL & TRAINING 205434 12/1/05 281.29 COMFORT INN ADV LODGING/LANNY ROARK 205435 12/1/05 462.15 DUMAS ADV MEALS/MILEAGE-RADAR/LASER OPERATt 205436 12/1/05 218.12 HAMPTON INN ADV LODGING/GREG DUMAS 205437 12/1/05 539.00 HAMPTON INN ADV LODGING/MICHAEL HARRIS 205438 12/1/05 539.00 HARRIS ADV MEALS/MILEAGE-RADAR/LASER TRAININ 205439 12/1/05 197.32 PALACE STATION ADV LODGING/AYDELOTTE/STRASEN 205440 12/1/05 128.62 PUBLIC AGENCY TRAINING COUNCIL REGISTRATION/AYDELOTTE/STRASEN 205441 12/1/05 500.00 IVERSIDE COUNTY SHERIFF DEPT ADV TUITION/SCOTT SHANAHAN 205442 12/1/05 423.00 RIVERSIDE COUNTY SHERIFF DEPT ADV TUIT'ION/DUMAS/HARRIS 205443 12/1/05 334.00 ROARK ADV MEALS/MILEAGE-MGMT CASE 205444 12/1/05 219.40 SHANAHAN ADV MEALS/MILEAGE-TRAFFIC ACCIDENT CR: 205445 12/1/05 585.00 STRASEN ADV MEALS SAFE SHOOL SEMINAR 205446 12/1/05 95.00 AAA RADIATOR WAREHOUSE AUTOMOTIVE PARTS (RADIATORS, HEATER 205447 12/6/05 41.06 ACCOUNTEMPS TEMP SRVCS PATRICK MORRIS W/E 11/18/05 205448 12/6/05 1,358.40 ALEXIS RESORT & VILLAS ADV LODGING/LEONARD KNIGHT 205449 12/6/05 215.82 ALEXIS RESORT & VILLAS ADV LODGING/DAVID ESPIRITU 205450 12/6/05 215.82 AMERICAN FORENSIC NURSES SUSPECT BLOOD WITHDRAWALS, URINE TESTI 205451 12/6/05 2,788.00 AMERICAN ROTARY BROOM CO., IN MOP 62683 SWEEPER REPAIRS 205452 12/6/05 497.38 BOA CHRGS TRAVEL ARRANGEMENTS 205453 12/6/05 335.25 BOA FINANCE CHRGS #8875 205454 12/6/05 38.88 HIP WADER 205455 12/6/05 465.00 ADV LODGING/ALEJANDRO HERNANDEZ 205456 12/6/05 345.60 MOP 64096 - BOOTS - MADISON 205457 12/6/05 77.56 MOP 45695 GAS CANS 205458 12/6/05 335.37 CALIFORNIA COMMERCIAL SECURIT MOP 45754 KEYS 205459 12/6/05 159.21 CITY OF CHULA VISTA JULY 2005 ANIMAL SHELTER COSTS 205460 12/6/05 16,225.95 CONDON REIMBURSEMENT FOR CONSULTANTS LUNCH 2O5461 12/6/05 23.80 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 205462 12/6/05 980.97 COUNTY OF SAN DIEGO COUNTY VAP/PARADISE CREEK 205463 12/6/05 1,184.50 COUNTY OF SAN DIEGO RENEWAL/MUNICIPAL POOL PERMIT 205464 12/6/05 90.00 DATA TICKET INC SEPT 2005 PARKING CITATIONS PROCESSING 205465 12/6/05 1,940.50 DIXCELINE LUMBER CO. MOP 45707 - HOLESAW SET 205466 12/6/05 1,237.41 ENTERTAINMENT PUBLICATIONS IN( PROMOTIONAL ACTIVITIES 205467 12/6/05 512.00 ENVIRONMENTAL HAZARDS SERVIC INV#1459/1448/1835/1269 LEAD WIPE SAMPLS 205468 12/6/05 144.00 ENVIRONMENTAL HAZARDS SERVIC INV#0675/0673/0695 - LEAD WIPE SAMPLES 205469 12/6/05 120.00 ESPIRITU ADV MEALS DISCIPLINE & INTERNAL INVSTGT 205470 12/6/05 152.00 FEDEX DELIVERY OF XRF NITON MACHINE FOR MAIN 205471 12/6/05 97.60 FEDEX EXPRESS POSTAGE BY FEDEX 205472 12/6/05 44.42 FEDEX GRANT PAPERWORK SENT TO HUD 205473 12/6/05 23.98 FLORES CALBO TRAINING/TRAVEL EXPENSES 205474 12/6/05 106.58 GOVERNMENT FINANCE OFFICERS ADVERTISING/EMPLOYEE NEWSLETTER/FINA1 205475 12/6/05 - 150.00 GRAINGER MOP 65179 - TOOLS 205476 12/6/05 147.18 HARRIS & ASSOCIATES T&A 0746 SRVCS OCT 2005 601 W 12TH ST 205477 12/6/05 1,468.04 HERNANDEZ ADV MEALS/FIREARMS INSTRUCTOR SEMINAR 205478 12/6/05 209.00 HORIZON HEALTH EAP EMPLOYEE ASSISTANCE PROG NOV 2005 205479 12/6/05 923.64 HORIZON HEALTH EAP EMPLOYEE ASSISTANCE PROG OCT 2005 205480 12/6/05 909.32 HUNTER'S NURSERY INC. MOP 45719 - TREES 205481 12/6/05 314.63 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - IRRIGATION PARTS 205482 12/6/05 134.55 HdL COREN & CONE OCT-DEC 2005 CONTRACT SRVCS PROPERTY T, 205483 12/6/05 2,400.00 KINKO'S NATIONAL LARGE COLOR FORMAT PRESS BOARDS FOR 205484 12/6/05 129.27 KNIGHT ADV MEALS DISCIPLINE & INTERNAL INVSTGT 205485 12/6/05 95.00 LAFRENIERE EDUC REIMBURSEMENT 205486 12/6/05 140.00 LASER SAVER INC MOP 45725, 4600 TONER CART. OFFICE 205487 12/6/05 216.42 LATTIRE CALBO TRANING/TRAVEL EXPENSES 205488 12/6/05 80.57 LONG'S DRUG STORES MOP 45727, PHOTO PROCESSING 205489 12/6/05 24.31 LORMAN EDUCATION SERVICES NOV. 18TH EMINENT DOMAIN SEMINAR, SILVA 205490 12/6/05 294.00 MAAC PROJECT MAAC CONTRACT FOR LEAD HAZARD CONTR( 205491 12/6/05 35,244.00 MAINTEX, INC. JANITORIAL SUPPLIES 205492 12/6/05 1,968.81 2 MASON'S SAW & LAWNMOWER SRVI MOP 45729 LASER SAW It MOBILE DATACOMM MORA •URRAY, JOHN N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY POA NITON LLC OFFICE TEAM OFFICE TEAM OFFICE TEAM OFFICE TEAM ONE SOURCE DISTRIBUTORS OUCHES POWER EQUIPMENT PACIFIC AUTO REPAIR PARTS PLUS AUTOSTORE #713 PBS&J j RVO TRAFFIC CENTER POWERSTRIDE BA1'1'ERY CO INC PROGRESSIVE SOLUTIONS INC. PRUDENTIAL OVERALL SUPPLY REGIONAL CONFERENCE TREO 650 PALM ONE PHONE EDUC REIMBURSEMENT RETIREE HEALTH BENEFITS DEC 2005 DEC 2005 CITY ENHANCEMENT FUND AIR CONDITIONING RECOVERY/RECHARGING NCPOA CHRISTMAS PARTY/LUIS NATIVIDAD MAINTENANCE ON XRF MACHINE TEMP SRVCS OLSON JOSEPH W/E 10/28/05 TEMP SRVCS WILLIAMS LEON W/E 11/11/05 TEMP SRVCS LEON WILLIAMS W/E 10/28/05 TEMP SRVCS OLSON JOSEPH W/E 11/04/05 MOP 67256 - LIGHTS/STOCK MOP 45740 CHAINSAW SMOG CHECKS FOR CITY VEHICLES AS NEEDEI MOP 64946 MAGNUM SHOCK PROF SRVCS OCT 2005-EYE TAX ROLL ADMIN MOP 63846 PAINTING SUPPLIES MOP 67839 BATTERY CHARGED THERMAL PAPER FOR CASH REGISTER TAPE MOP 45742 CLEANING SERVICE' WESTERN REGIONAL CONE 11/17-18/2005 RIVERSIDE COUNTY SHERIFF DEPT ADV REGISTRATION/ALEJANDRO HERNANDEZ ROAD ONE TOWING SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SD REGIONAL TRAINING CENTER .HARP REES-STEALY MED GROUP SIFUENTES SMART & FINAL MOP45687 TOW AND HOOK UP LIGHT ELECTRIC BILL/FACILITIES #94282909927 ELECTRIC BILL/FACILITIES #86482714057 ELECTRIC BILL/FACILI'I IES #68199629265 ELECTRIC BILL/STREET #76860974845 ELECTRIC BILL/FACILITIES #10439934345 ELECTRIC BILL/STREET #07385071072 SEMINAR REGISTRATION/ADELLA SALAZAR FLU SHOTS FOR FIRE DEPARTMENT REFUND CITATION PAID TWICE MOP 45756, SUPPLIES FOR TURKEY SHOOT 387.90 406.95 147.19 946.93 725.00 167.00 100.00 10,130.57 8,654.18 3,600.08 1,348.39 907.58 128.00 75.00 205524 12/6/05 135.00 205525 12/6/05 70.00 205526 12/6/05 622.77 205493 12/6/05 36.78 205494 12/6/05 435.61 205495 12/6/05 310.00 205496 12/6/05 150.00 205497 12/6/05 4,995.83 205498 12/6/05 3,992.72 205499 12/6/05 60.00 205500 12/6/05 195.00 205501 12/6/05 959.20 205502 12/6/05 924.00 205503 12/6/05 831.60 205504 12/6/05 767.36 205505 12/6/05 528.05 205506 12/6/05 341.33 205507 12/6/05 180.00 205508 12/6/05 179.63 205509 12/6/05 3,680.00 205510 12/6/05 205511 12/6/05 205512 12/6/05 205513 12/6/05 205514 12/6/05 205515 12/6/05 205516 12/6/05 205517 12/6/05 205518 12/6/05 205519 12/6/05 205520 12/6/05 205521 12/6/05 205522 12/6/05 205523 12/6/05 SMART & FINAL STORE #347 SOUTHERN CALIF TRUCK STOP SPANKY'S PORTABLE SERVICES INC STANFORD SIGN & AWNING INC. SUN BADGE COMPANY INC. SUN TRUST SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY THE LIGHTHOUSE, INC. THE STAR NEWS TOM MOYNAHAN TRITECH SOFTWARE SYSTEMS U.S. HEALTHWORKS U.S. HEALTHWORKS MOP 45756, SUPPLIES FOR OFFICE MOP 45758 DIESEL PORTABLE USED FOR CLEAN UP EVENT OCT20 REPAIRED NEON SIGN AT POLICE DEPARTMEN BADGE NEW FIRE TRUCK RNTAL PMT# 22 12/30/05 WATER BILL/FACILITIES #143-4710-0 WATER BILL/SEWER # 920-3000-0 WATER BILL/STREET #920-1000-0 WATER BILL/FACILITIES #920-6000-0 MOP 45726 - LAMPS LEGAL ADVERTISING DEC 05, 2005 MOP 45734 TOW UNIT #461 PROJECT SERVICES TO INCLUDE ON SITE MEDICAL SRVCS/PRE-EMPLOYMENT PHYSICAI WC CLAIM COSTS/MEDICAL EXAMINATIONS VALLEY INDUSTRIAL SPECIALTIES MOP 46453 - PLUMBING VANDEVENTER WESTFLEX INDUSTRIAL AV GUYS T&A 0851 REFUND 144-46 PROSPECT ST MOP ASSEMBLY HOSE MICROPHONE & FLOOR STAND RENTAL EQUIP CALIFORNIA COMMERCIAL SECURIT REMOVED OLD PELCO CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO OFFICE SUPPLIES PAYROLL PPE 11/26/05 - JOSE VAZQUEZ PAYROLL PPE 11/26/05 - SHERRY LOGEL DAY WIRELESS SYSTEMS (20) PLATE ANTENNA DISK & INSTALLATION RCS GIBBS AUTO PARTS KAISER FOUNDATION HEALTH PLAN MEDICAL INSUR. - DEC. '05 NATIONAL CITY PUBLIC LIBRARY LIBRARY CONTRIBUTIONS PRINCIPAL FINANCIAL GROUP SAN DIEGO COUNTY SHERIFF SAN DIEGO GAS & ELECTRIC SOUTH COAST MEDICAL CLINIC SPARKLETTS STATE OF CALIFORNIA 401KPPE 11/26/05 PAYROLL PPE 11/26/05 - CHRISTINA RAMOS ELECTRIC 10/28/11/29/05 DRUG SCREEN WATER PAYROLL PPE 11/26/05 - DIANNE BUCKINGHAM 205527 12/6/05 77.66 205528 12/6/05 303.02 205529 12/6/05 790.20 205530 12/6/05 368.08 205531 12/6/05 101.28 205532 12/6/05 5,009.63 205533 12/6/05 80.46 205534 12/6/05 79.48 205535 12/6/05 69.16 205536 12/6/05 40.78 205537 12/6/05 221.37 205538 12/6/05 87.13 205539 12/6/05 30.00 205540 12/6/05 7,258.21 205541 12/6/05 170.00 205542 12/6/05 117.09 205543 12/6/05 903.98 205544 12/6/05 2,000.00 205545 12/6/05 42.70 205546 12/6/05 80.81 205547 12/6/05 247.50 205548 12/6/05 13.73 205549 12/6/05 50.00 205550 12/6/05 23.04 205551 12/6/05 448.23 205552 12/6/05 154.16 205553 12/6/05 10,727.00 205554 12/6/05 29.85 205555 12/6/05 2,531.53 205556 12/6/05 50.00 205557 12/6/05 2,011.54 205558 12/6/05 60.00 205559 12/6/05 104.66 205560 12/6/05 73.36 4 Total 188,701.54 Workers compensation checks 10850 11/30/05 1,744.20 10851 11/30/05 10.79 10852 11/30/05 47.60 10853 11/30/05 266.42 10854 11/30/05 78.42 10855 11/30/05 425.74 10856 11/30/05 13.51 10857 11/30/05 29.65 10858 11/30/05 132.00 10859 11/30/05 88.00 10860 11/30/05 110.00 10861 11/30/05 176.00 10862 11/30/05 66.00 10863 11/30/05 44.00 10864 11/30/05 66.00 10865 11/30/05 88.00 10866 11/30/05 66.00 10867 11/30/05 491.63 10868 11/30/05 74.22 10869 11/30/05 59.29 10870 11/30/05 83.94 10871 11/30/05 93.50 10872 11/30/05 2,296.11 10873 11/30/05 221.16 10874 11/30/05 404.25 10875 11/30/05 241.51 10876 11/30/05 213.12 10877 11/30/05 600.00 10878 11/30/05 500.00 10879 11/30/05 15.79 10880 11/30/05 72.25 10881 11/30/05 373.43 5 Total Total 10882 11/30/05 242.58 10883 11/30/05 112.55 10884 11/30/05 262.50 10885 11/30/05 1,162.50 10886 11/30/05 237.50 10887 11/30/05 487.50 10888 11/30/05 370.00 10889 11/30/05 400.00 10890 11/30/05 1,192.40 10891 11/30/05 370.00 10892 11/30/05 320.00 10893 11/30/05 761.05 10894 11/30/05 400.00 10895 11/30/05 2,400.00 17,911.11 206,612.65 PAYROLL Pay period Start Date End Date Check Date 267 11/8/05 11/21/05 11/30/05 Total 780441.18 GRAND TOTAL 987,053.83 TRANSIT WARRANTS CHECKS/205546-205560 15 CHECKS $ 16,605.41 6 City of National City Warrant Register # 23 12/6/05 001 GENERAL FUND 602,003.36 104 LIBRARY FUND 32,367.97 105 PARKS MAINTENANCE FUND 18,978.41 109 GAS TAXES FUND 4,033.25 111 P.O.S.T. FUND 3,737.59 125 SEWER SERVICE FUND 22,118.91 154 STATE PUBLIC LIBRARY FUND 381.14 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,273.49 172 TRASH RATE STABILIZATION FUND 2,770.34 188 GRANT - HIDTA 442.21 191 STOP PROJECT 1,396.88 196 CAPITAL PROJECT RESERVE 289.01 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 7,258.21 212 PERSONNEL COMPENSATION FUND 1,567.44 222 WOW MOBILE GRANT FY2000-2001 4,174.03 230 ABANDONED VEHICLE ABATEMENT GRANT 3,214.88 246 WINGS GRANT 25,400.32 253 RECREATIONAL ACTIVITIES FUND 157.21 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 44,057.60 27`` '' CBAG-MAJOR MEXICAN TRAFFICKERS 4,016.93 21 LITERACY SERVICES YEAR 2 930.74 280 AMERICORPS/CNCS YEAR 2 GRANT 2,203.34 301 GRANT-C.D.B.G. 14,023.69 302 CDC PAYMENTS 16,721.83 307 PROPOSITION A" FUND 5,970.59 348 STATE GRANT 1,184.50 552 TDA 17,911.11 626 FACILITIES MAINT FUND 44,577.00 627 LIABILITY INS. FUND 18,028.20 628 GENERAL SERVICES FUND 7,505.74 629 INFORMATION SYSTEMS MAINTENANC 4,217.80 630 OFFICE EQUIPMENT DEPRECIATION 3,816.00 631 TELECOMMUNICATIONS REVOLVING 3,092.64 632 GENERAL ACCOUNTING SERVICES 17,735.09 643 MOTOR VEHICLE SVC FUND 45,516.34 723 PROMO ITEMS FOR EMPLOYEE BENEFIT 512.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 3,468.04 Total 987,053.83 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20TH DAY OF DECEMBER 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE Dec. 20, 2005 FIRST READING 23 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.48 PERTAINING TO RESPONSIBLE BEVERAGE SALES AND SERVICE PREPARED BY Lt. Lanny Roark DEPARTMENT Police DepartmeDt Ed. 4524 EXPLANATION Please see attached memorandum. Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the proposed Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. See Attached Memorandum from City Attorney's Office LProposed Ordinance City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council FROM: Jodi L. Doucette, Police Legal Advisor SUBJECT: Responsible Beverage Sales and Service Ordinance DATE: December 6, 2005 Tourism and related entertainment, recreation and hospitality businesses are important to the economic well-being of the City of National City. The City of National City has sought to foster commerce and a lively attractive community life. The City of National City recognizes that the selling of alcohol is a legitimate activity, but also seeks to encourage safe and responsible business practices related to its sales and service. The City of National City Police Department seeks to reduce threats to public health and safety due to the impairment of motor skills, decision -making and judgment resulting from the over -service and over -consumption of alcoholic beverages. Responsible beverage sales and service training benefits businesses by creating a safer and more hospitable environment and reducing risk of liability, including criminal (court action), civil (lawsuit) and administrative (ABC accusation). In consideration of the regulations adopted in this ordinance, and the findings and determinations herein, the City of National City Police Department has examined and considered numerous studies addressing the long-term public health and safety problems associated with the over - service of alcohol and sales to underage youth. Alcohol -related vehicle crashes in California cost the public an estimated $12 billion in 1999, including $5.5 billion in monetary costs and almost $6.5 billion in quality of life losses, with San Diego County incurring a significant percentage of these costs. The City of National City Police Department has found that bars, taverns, liquor stores, and convenience stores account for a disproportionate number of calls for police service and alcohol -related arrests. Drunk driving arrests are increasing statewide and locally with over 155 people arrested for DUI last year in the City of National City. The majority of those arrested for DUI in San Diego County identify licensed establishments such as bars and restaurants as the place where they had their last drink. An overwhelming majority (81%) of San Diego County teens agree that alcohol is easy to obtain, and studies show that one-third of high school students routinely obtain alcoholic beverages from retail outlets and that clerks and servers often fail to request age -verification as evidenced by minor decoy operations. In a recent study, at least half of the off -sale and on -sale establishments studied sold alcohol without asking study participants to show age identification, and few of the outlets that sold to study participants had effective policies or practices that reduce the likelihood of sales to youth. A research study published in 2004 concluded that alcohol sales to obviously intoxicated customers occurred at nearly 8 out of 10 businesses. ® Recycled Paper December 6, 2005 Page Two Voluntary responsible beverage sales and service training programs cannot ensure that all alcohol handlers receive reliable or effective training and have not been shown to be as successful in reducing over -service and sales to underage as mandatory programs with accountability measures and consistent systems of enforcement. This is despite strong evidence that policies that reduce instances and levels of intoxication have a beneficial effect on rates of domestic violence, unintentional injuries, traffic crash injuries and deaths, sexual assaults, and other crimes. There is overwhelming public support for responsible beverage service training, with 90% of respondents favoring such programs, according to a survey conducted by the Robert Wood Johnson Foundation in 2002. Legislation of this type enacted in the State of Oregon led to an 11% reduction in fatal alcohol - related car crashes in one year and a 23% reduction in single vehicle nighttime injury crashes in a three-year period. A research study indicated that servers who had undergone server training were more likely to ask for age identification than those not trained and found that none of the customers served by trained personnel exceeded the legal limit of intoxication. Evaluations of customer consumption at a U.S. Navy enlisted club employing a responsible beverage sales and service training program found a significant reduction of intoxication for customers after the program was implemented. Responsible beverage sales and service training is cited as a U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention Best Practice and is officially supported by Mothers Against Drunk Driving and the California Department of Alcoholic Beverage Control. The National Academy of Science recommends that all sellers and servers of alcohol complete training as a condition of employment. 100% of servers recently trained in San Diego County recommend training to other alcohol handlers, and 90% of servers agreed they were likely or very likely to change the way they did their job as a result of receiving training. The California cities of Poway, Orange, and Santa Rosa, have enacted ordinances of this type to prevent the over -service of alcohol to customers and access to alcohol by underage youth. The City of National City has examinedand considered the impact of businesses that sell alcoholic beverages upon the health, safety, and welfare of its community and finds that the enactmeht of a responsible beverage and Service ordinance is in the vital and best interests of the City of National City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements. O DI L. UCETTE 9731U pecial Counsel to the City Attorney ORDINANCE NO. 2005 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.48 TO THE NATIONAL CITY MUNICIPAL CODE RELATED TO RESPONSIBLE BEVERAGE SALES AND SERVICE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 10 of the National City Municipal Code is hereby amended, by adding Chapter 10.48 to read as follows: Chapter 10.48 RESPONSIBLE BEVERAGE SALES AND SERVICES Sections: 10.48.010 Purpose and intent. 10.48.020 Definitions. 10.48.030 Regulations. 10.48.040 Non -certified training programs. 10.48.050 Penalties. 10.48.010 Purpose and intent. It is the intent of this ordinance to: A. Prevent the over -service and over -consumption of alcohol by customers while on the premises of licensed vendors; B. Reduce alcohol -related crashes, injuries, and deaths that often result from driving while intoxicated; C. Eliminate the sale to and/or consumption of alcohol by underage persons; D. Assist licensed vendors to develop and implement responsible policies for the promotion, sales and service of alcohol; and E. Promote an attitude of professionalism on the part of vendors who sell or serve alcohol. 10.48.020 Definitions. As used in this section, the following definitions apply: A. Alcoholic beverage" means any beverage fit for consumption, which contains one-half of one percent or more of alcohol by volume. B. "ABC" means the California Department of Alcoholic Beverage. Control. C. "Vendor" means" a business that is licensed to sell or serve alcoholic beverages to the general public, including, but not limited to California Department of Alcoholic Beverage Control license types 20, 21,30, 40, 41, 42, 47, 48, 50 and 61. D. "Server" means any person who, as part of his or her employment, sells, serves or delivers alcohol that has been purchased from either an on -premise or off -premise retail licensed facility. E. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of a licensed alcohol outlet. Authority to control one or more of the following functions shall be prima facie evidence that such a person is a manager of the licensed premises: 1. To hire or separate employees. 2. To contract for the purchase of furniture, equipment or supplies other than the occasional replenishment of stock. 3. To distribute funds of the licensed business other than for the receipt of regularly replaced items of stock. 4. To make or participate in policy decisions regarding operations of the licensed business. F. "Training" means an educational course in responsible beverage sales and service methods, conducted by an organization certified by the California Coordinating Council on Responsible Beverage Service ("CCRBS"). 10.48.130 Requirements. A. No vendor shall continue in their employ after six months of the effective date of this ordinance any person who acts in the capacity of selling, serving or delivering alcoholic beverages unless such person completes or has completed an educational program that certifies them as having been trained to carry out the duties specified in their job description. B. No vendor shall employ any person to work as a manager or server or in any other capacity where such person may sell, serve or deliver alcoholic beverages in or from premises licensed to sell alcohol, unless such person, within thirty (30) days of their date of hire, completes or has completed an educational program that certifies them as having been trained to carry out the duties specified in their job description. C. Such training shall be conducted by an organization certified by the California Council on Responsible Beverage Service. It shall be at least three hours in length and include the following elements for review and discussion: 1. Laws covering the service of alcoholic beverages and the operation of establishments serving alcoholic beverages. 2. Alcohol as a drug and its effects on the body and behavior, including its effects on a person operating a motor vehicle. 3. Effects of alcohol in combination with commonly used drugs, both legal 4. Methods of recognizing the signs of intoxication, development of standard procedures designed to prevent customers from becoming intoxicated, and the learning of skills to intervene with intoxicated customers. 5. Development of standard operating procedures for dealing with underage customers, including the use of age verification techniques. 6. Development of standard operating procedures to assist employees who need help in dealing with underage customers, intoxicated customers and/or other "problem customers," and in maintaining records that relate to such incidents. 7. Methods of dealing with special event promoters and development of written policies and procedures for the responsible promotion of alcohol. 8. Methods of recognizing and dealing with customers who use or traffic in illegal drugs. 9. Development of policies and procedures for dealing with employees who use or traffic in illegal drugs. 10. A comprehensive test to ensure that the trainee has a working knowledge of the concepts presented in the program as well as the skills needed to implement them. D. All vendors must develop and maintain on their premises a comprehensive set of written policies and procedures that reflect the standards and practices set forth in this ordinance. Such policies and procedures must include but are not limited to the following: 1. California laws and liability regarding sales to minors and sales to obviously intoxicated individuals. and illegal. 2005 Ordinance 2 Responsible Beverage Sales and Service 2. Checking identification, identifying minors, and identifying signs of obvious intoxication. 3. Methods of effectively managing customer drinking (ie: refusing or delaying service). 4. Alcoholic drink equivalencies and the effects of alcohol on the body. 5. House policies specific to the establishment regarding alcohol beverage service and customer relations. E. It shall be the responsibility of the vendor to verify that all new employees who sell, serve or deliver alcoholic beverages have successfully completed the training described in Subsection C above herein within the first 30 clays of such employment. F. It shall be the responsibility of the vendor to verify that all persons who have been employed by them before the effective date of this ordinance and who continue to be in their employ, working in any capacity wherein they sell, serve or deliver alcoholic beverages, have successfully completed the training described in Subsection C above herein within six months of the effective date of this ordinance. G. It shall be the responsibility of the employee to bear the financial cost of being certified in all duties related to his or her job description. This includes being re -certified at least every two years. H. It shall be the responsibility of the employee to bear financial cost of acquiring and yearly renewal of an Alcohol Handlers Card. (similar to Food Handlers Card that the County requires food servers to posses) with the City of National City. I. Vendors shall require all new employees prior to their starting work, to review and acknowledge in writing that they have read, understand and will comply with vendor's policies required in Subsection D above, as a condition of their continued employment. In addition, all employees shall review said policies on an annual basis, at such time signing an acknowledgment that they have read, understand and will comply with them as a condition of their continued employment. J. Until such time as a new employee has successfully completed the training outlined in Subsection C above, the vendor must provide for the supervision of that employee in the handling of alcoholic beverages. Such supervision must be done by someone who has successfully completed the specified training outlined in Subsection C above. K. Records of compliance to all sections of this ordinance must be kept on the premises of the licensee. This includes the written acknowledgement of policies described in Subsection D above herein, as well as a list of all persons who have completed training along with certification/recertification documents pursuant to Subsection G above. Such documents must be available for review upon request from a law enforcement officer or other inspector. L. Vendors must prominently post signs inside the establishment, clearly visible to all customers stating: "It is illegal to sell, furnish, or give away an alcoholic beverage to any obviously intoxicated person, punishable by a $1,000 fine and 24 hours of community service (California Business and Professions Code, Section 25602)." The sign shall be at least 8 1/2 by 11 inches and have the lettering at least 1 inch in height. M. Vendors shall provide written proof of employees who have received RBSS training (i.e. list of employees, date of RBSS training, expiration date, etc.) at the annual renewal of business license process. In order to maintain a business license, a vendor shall comply with all provisions of this ordinance. 10.48.040 Non -certified training programs. A. Training programs that are not certified by CCRBS will have six months from the effective date of this ordinance to obtain that certification. Vendors may still use such programs during that period to train new employees as long as the vendor can show that the program contains all the elements outlined in Section 10.48.130 C herein. 2005 Ordinance 3 Responsible Beverage Sales and Service B. Existing employees who have received training by a non -certified training program under the circumstances described in Subsection A above will not be considered to be in full compliance with the ptbvisibns of this ordinance and must complete certification as outlined in Section 10.48.130 C within six months of the effective date of this ordinance. 10.48.050 Penalties. A. A violation of any provision of this ordinance or a failure to comply with any mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of this Code and may also be enforced through injunctive or other relief available by law. Penalties for violation of the provisions of this ordinance may result in a misdemeanor citation, punishable by a maximum of one year in jail and a $1,000 fine. B. Administering departments will be authorized to charge cost recovery fees for services provided under this chapter. Cost recovery fees may also be recovered for equipment and personnel expenses incurred. All penalties, application fees and related costs recovery fees shall be credited to "Responsible Beverage Service and Sales Regulation Fund." The fund shall be used exclusively, and may be expended without further council action, for those expenses associated with the administration and enforcement of this Chapter. PASSED and ADOPTED this day of 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2005 Ordinance 4 Responsible Beverage Sales and Service City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 24 ITEM TITLE Continued Public Hearing — Tentative Subdivision Map for the division of one 16,675 squar 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, 336-4310 DEPARTMENT Planning EXPLANATION City Council opened the Public Hearing for this item at their December 6, 2005 meeting. Council and the applicant discussed the current site conditions and the proposed project design and materials. Council then decided, and the applicant agreed, to continue the Public Hearing for two weeks to allow for additional review. The previously submitted background report describing the project proposal is once again attached for your review and information. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION R40 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 Variance. Vote: Ayes — Reynolds, Martinelli, Baca, Alvarado, Carrillo, Pruitt. Absent: Flores, Graham. ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 34-2005 Including Findings and Conditions of Approval Resolution No. 3. Location Map 6. Notice of Exemption 4. Site Photographs 7. Application 5. Department and Agency Comments 8. Applicant's Plans (Exhibits A & B) 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 (see attached plans and elevations). 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 -Planned Development 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 final 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 r 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 S-2005-4 / Tentative Subdivision Map and Zone Variance for 10 Single-family Homes Z-2005-6 NATIONAL CITY PLANNING LOCATION MAP DRN. DATE: 10/26/05 INITIAL HEARING: 11 /07/05 /0 Site 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 of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 16MAY 2005AM9:16• 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 checklistsfor 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 12 MAY 2005 AN g:06 FIRE DEPARTMENT Phone: (619) 336-4550 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. /6 Page 1 of 1 12 MAY 2005 PH 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. 1�ark Adman' Admini ative St 5/2/2005 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 May 10, 2005 Ms. Angela Reeder, Assistant Planner City of National City Planning Department 1243 National City Boulevard Nationai City, CA 91950 11 MAY 2005 *i11:52 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 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, Chula Vista and Surrounding Areas Ms. Angela Reeder City of National City Re: 2504 Highland Avenue, National City May 10, 2005 Page 2of2 The Authority requires a 10-foot horizontal separation between sewer and water laterals. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY 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 The mop wee developed by Sweetwater Aulromy for intoned Illustration only. a is not designed to provide technical detail, and Yrould not 50 used for any other purposes without the express written pemuseion of Sweetwater Aulladfy. SMeeMn4r Authority . ISMS/swanel.aweetwater.ary 506 Gash Avenue Chula Vide, CA 919124326 (619)420-1413 9AX:(619)425-7469 Location ai water f.Ull5ea are approximate only, based on record Information. For a mots accurate loca60n, water fe1I00.s must be eeidlocated. Cell U.SA ® 14004224133 Me days prior 1a excavation. The parcel Or road data shown on Slo map Is proprietary Information. The use a1 tl9e Information W pumuant to sublicense eprewnent only. Any resale or refcenaing of this Information le prohibited. except In exwd0000 with such sudiraneing agreemenW. SanGIS-mlp/Mww.sanpls.org 1010 Second Avenue, SAW 130A San Diego, CA 92101-4 03 Subject Property: 2504 Highland National City 1/4 Sec. 153 APN 560-072-06-00 SCALE: 1 INCH = 200 FEET ittieneffielti Vlx' 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 (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 0.39-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, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number' " (l 51.40'' Recep No. 3i 1133o Filing Fee $ Date Received E.A.F. Required kYdr7Pi Fee $ P/41 Related Cases GuP-V95--1 By LAW SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 6-c a - — 0 0 PROPERTY LOCATION S l Jk4rc\ COMBINED GENERAL PLAN/ZONING DESIGNATION CerNorrO CAY1 Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 (,) L.4 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 (Signatui a vdekes thit this application is being fled) Name: Signature (Signature acknowledges that this application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: Tentative ParceliSubdivision Map Application Revised December, 1998 Page 2 of 3 Rpr 20 05 01:48p p.2 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets ' net ). Address: Name: _.Signature t this (Signature acknowledges that this d) application is being tiled) Address: Phone No. Phone No. Fax No. Fax No. Date: Date: T_ Tentative Parcel/Subdivision Mop Application Revised December, 1998 Page 2 of3 C74 / 1.L / G C1 V 7 ✓J7:3/ bJ.7-Z74-4441 LA{V 1 VG.V I I•Il.1,ULL 4 IUI. *bOS 1124a CIVIL ENGINEER. OR OTHER AUTHORIZED REPRESENTATIVE Name: ante: Signature l....��_ ' i6nature. (Signature acknowledges that this (Signature des that this won is being filed) application is being filed) Addteea:;alb 07,127 Adatess: Phone No. Fax No. Oiq -49 q -1 y Fax No. Date: Al —c9 0 D*\--- Date: PROPERTY OWNER(S) at all property included is this application: (Attached extra sheets if nccc$ iry): Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being fled) Address: Addr: Phone No. Phone No. . Fax No. Fax No. Date: Date: Tentative PatceUSubdlvirioat Men Application Revlsod Doctonbct,1998 Page zof3 ��3 Page 1 Escrow No. 43031267 -U44 LEGAL DESCRIPTION EXHIBIT 22033 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-08/09/94bk 672.0 P\\\\\\""""" ""Wu/I//I,z ``'oN.. AL(jj '. 1 ! %r l ",, g "r, '4%//amu,u,„,,.nmAAAVAAA� ZONE VARIANCE 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 Filing Fee $ Receipt No. Date Received By E.A.F. Required Fee $ Related Cases 2— 5—� SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PROPERTY LOCATION between 21 25 4 No. and COMBINED GENERAL PLAN/ZONING DESIGNATION Zone Variance Application Revised December, 1998 Page 1 of 4 1-h9hi - Street 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 w o tla U k.e -I 24c e., d -two - st-2n h•e.t'gk.t U uy\ h►r��l e - �C,rn l lr . PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). cui(I> 4d / t(Tht Name: �. (A.) ��j�,iJ 1 Name: Signature Signature (Sig s that, his (Signature acknowledges that this application iS-being fileapplication is being filed) Address: 2(1' t , D+Address: ,.n D't o ► C V-I01 Phone No. (e( -1 ' U)) g Phone No. Fax No. t — 3 DG" rj I p'' Fax No. Date: ►O - 04 `O 5 Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: (Please Signature: or grin gna 're cern es that the information submitted with this application is true a accurate to the best of the applicant's knowledge). Address: . 1 Sk: k Q S D‘ejv,G21o1 Phone No. IoI - 3 3 $ - 7 13 Fax No. Lplq " Z:1 S ' U I &-1 Date: 1)(LQ> Zone Variance Application Revised December, 1998 Page 3 of 4 (2c, L..11.2 MX-r;• U-W • . 1,72 I, N. 4 VI Mr OF LOT ,f FLOP, �.4't4.4DLV of 4.FE, 14 or L..M7 ` 4 IQ ,••••• 1.:16 ZONING.. <-24 VN MAx,<2.2f....2re4: .u./1.4.v.,,In .1.0 .4 WI -,,,./1„OT ARIA; 4.-75 '2,0"Pr2 *Ctrw,.J mos. u.civer -rwsu ,ryvtt,rfmr,,,r14-- Eflt 4r+.0.44.0. R.taeo. 1,14t2TE, t /U., In ,t.o fl' A.F. -23•?. 4,r Lvt..2 2 in 1.414-M, alekt, 2,- 2 Sap yK41.11, m/.• (4.*Grurriur. L /i.211te H- 41 (fb AVG* Le40 Awe 4 l• • 124¢INE. tam — —. • NATIONAL CITY PLANNIT EPT. EXHIBIT A CASE FILE NO. S-2005-4/CU4-2005-7 DATE: 9/12/2005 • // - Nr,e.• :ASO ."; ni Fr SC - FLOC - PLAN LVL. gj IvI.GA. NNIVr 4.Arviielt.4141.• 114142 Rif. ...A...au, PMIMULTE,A444. 2 2 Ft* 14 • Igt C 70 1 1* 7N 0 fT " C 11 V L 1! V.. 1 I L SECTION 1 a<.....vn..a.,, 1110101 velszavro MY. 4...01. Mle MAW WIT 6R M6 Y1P DETAIL 1 rrirrlaa`aavaa' DETAIL 2 q CAPALOIR WOW CAI 400alafa1111a 6a s.. 1l aa11 ♦ ITMO, 1.00 VP s f W a. a61r«aw .relagni•Ln.n -1p if, MOM A NY INFM.!Y Wi dams. Y��. -.rum aaaer•laA.� llnv- ama lam. a'.aasssr IDr rin+Vsr.., wrt m 01s M. a 0lr1 .m - -. s seam sa a- os= ua WE Emma snn mmo iaw, aem.= w, o No otorio am rase v se -6 ars lama u0e, a nm "WM VI MOONY 01. fa moms Yi a a A NM MT.! L i -a0i . a. - MM . S 6aa0 SMOG LOO = R.0Oe291 aaii o1MOM 0aae1 -Hra aseOM an! .1211160211 I� m a®R IMMI'•Ioa�sIa00Tms fI AN o olo alo Dion' oQEo ❑ 0 u 0 L- l r® Parie INN ne w. 1111•aMIN. 7.010 AP -. {:. - rvnr. pl WY, 1'yf. MEN, r4n4-- YR . frr,r r L wL - TMAe,r: 8 ❑ •NO! ILIVAT10N I 1 I 1 1 1 II I I 1 1- MOW.�r ammo ssw 1«4� it y�l - WONT EL'EVA710N W 4_ SCL.T IrV.t i2 24 aw+.wMf• �. 4oL I1 ELEVAllONS v-urr (, autrt er n • 4@ • 1-7,16 Mi/I-I1.O laawn z M EL0CK ". '/4 SE0' ION'62 LOTS 'l-IAU 20 A/AP .VG. 44 A.P.N. 662-072-07 CA LEGAL DESCRIPTION: LOT TO 5. wcwsl£. AND r-L DAFT :o DET OF TOT 0• (EBLC(N C Or FIERA . M941s 91BPA0M C6 DIE NN AST WANTED OF 10 ACRE LOT 15 IN WANTED EECna 152Or THE RANCID DE LA NACON.7(0 0. ME PET OF A ONAL Dry COUNTY OF SAN DIECO. STATE 0, CASED.A, ADA':ONS TO MAP MAj2EOF NO. AA i7 011001 ENE ONCE OF THE C30 4 REMRDE4 Or SAG 5AN OL5: CWNrr, SCREWIER 30.'616. ALSO ALL THAT PORT OF riE SW 114 NS OF x5M LYING NORDIC,/ OF AN ADJOINING 5AM LOTS 1 10 TD 5. INGUIS AND DIE EAST 20 FEET OF SAO LDr 6 AS GE.. AND CLOSE TO MEAD USE BY RESOLUTION NO. 53 OF TIE CD' Or NATIONAL CITY. OF VNIC11 A CMNIEo E[Kv WAS q_0NDE0 INE DIPCE C£ IN( RIXDROJ, DE S40 Sw DECO AIDE AL 25. 1Rn NOOK Bo, PAGE nL OF DEEDS. EVCEPTNO TIERESROH TKE SdIMEALY [4 2rT DIEDECi_ ASSESSOR'S PARCEL NUMBER: EASEMENTS: SIN DEW CAS M10 CECTNIC EASIENT SOURCE OF SURVEY: RELD SURYES PRONCd BY ALRENT ENCINEMW C INC 420 BROADWAY. [NLRB MSTA. CA 91900 FNpYE: 619-920-0090 HIGHLAND HEIGHTS TENTATIVE SUBDIVISION MAP NO. 11' DP •Y EXISTING FINE:NIGRn0r BLOCK 4 1i,: SECTION 162 LOTS 6 THPU 10 MAP N0. 44 A.P.N. 662-072-07 LOT AA'_ ,n HIGHLAND AVENUE 'Y C'- W50 PVC (190.4A.33+E5( L um fRE1MN0 RAL BL CH 4 1/4 6E -(ION 162 L076 16 THPU 20 MAP N0. 44 A.P.N. 552 072-04 6 06 SITE INFORMATION Td/%SuAREA R017: � 600 NOREENfLOTS ssDo.. rtrt.. PROPOSED: ZONING: COST 20NN0: DENERAL ELLMMO4 PRPII=5 ZONIVO RESIDE", LAND USE EAST. LAND UMAPARMFNT CY➢ ONO USE §HOLE FAMILY TOWNEIES FLOOD NOTE FLOOD ZONE ZONE'X' 01190E 500 YEAR FLOM PLANT NO. 1912r. CAILYT WAR NO. 000291 O07E0OD. IRS. RATE 14.01L WM011-19-1 0T. UTIEJTY NOTE 5'JOAOVACE URUTES SWAN HEREON ARE PLOT1E0 010pl RECORD INFORMATION M'0 MAT OR NAY HOT BE IN WE LOCATION 9i0MM 11W DE EASEMEI0 OWNER/ DEVELOPER M11.00 MO BETN .END MIST 0121 015P SERE,, SADE 0 SRI 01E40. CA 92'01-1730 MILLARD PANG 0A1E BEd D IEH0 DATE ENGINEER OF WORK UNI16O M 0ALL Y ABSCOND 5 2810 CAMNO Da AID 50@1. WEE 3W SA1 DECO. CA 92I0a RICHE: al9-HA-.9a ERN 019-209-1442 NOTES: REMOVE EXIST. TREE Q REMOVE EXIS, BUILDING TYPICAL STREET SECTION: HIGH AND *VENUE NOT ID SCALE LEGEND: SLLSI. RUSKS AM/OR TREES MOST. OAS k 0Jr1ER WA. OAS MEM EAST. POLE EAST. SEWER MAN EAST. SEAM LATEML EAST. MhR MAN EAST. SM1ER LEIER EUST. WRIER LATERAL CMIM UE CONEAFIE ED MON ROW arcnw CONCAVE WTI7 PMPMrY LINE PROPOSS, DRIVEWAY LOPE E•DT EIEVADON STOMA 0Lrl SASDI ORAN CATON RAMi STORY DRAM CLEAN OUT w0LL LOT RUMBA ABBREVIATIONS O 0 A k Ml. O DING fb%%l1 DRl'. p vEnIAY EAST CASINO R FLOM LINE OF AARAQ FLOOR VA PONT IE INVENT M'AMW IF 'OP Of FLOW M 1GP OF MNI L h<wM BY KEY MAP NOT 10 SCAf NpnN )NTWOT Mett11: 11 KOCARS Ad69c y10 CARP 00. NO 52 i16200 SON OEm CA AMOR r11 F:LI9124-44-10 Pn}CL 1I}945 2309-I2 HIGHLAND AVE IMTA DTA CA %950 Pro}et NW WD FEDII5 SAw* 11Ca.' 10RAB*L SVBBMSWV 11.0 Revision IS: R.1Y.l 1x R.NA* 1P Ronk. IC RN*. A RA RAN-' COOP CAL SOW_ 4-0,03 9 m - f HIGHLAND HEIGHTS NION .NN LINN rtvCE vn, sun 4 CtlSI. NWNO PROD. GROUND REruNno ______ FROG. YAM/.. Rd11f AND NFGuu MDT. CUM /ND GYM SECTION A -A C7CTION 9-R unrEDT, m�cou 6 POJOGIFITEde...... a. e.• a. w.w> .4 a..y,pe..w.O.w L_ N•mean Nana I W V/ . WO0* 4 l 416 A.m..; 11FW WO G6 MO SD. DIE •.N Pm Y11GB Gnaw kte1N1 'A1-444O Pn Neal 1!M-12 NONA.9 NTT MOON. an n, NNSO Gnl.a "11.1 NO NEw+3 M F.h.n 11- Pmen LR *IOW Da! 141- ad LANDSCAPE DEVELOPMENT PLAN HIGHLAND AVENUE NORTH Iui DRIVE AISLE DETAIL WATER CONSERVATION STATEMENT MOUE 71..."4011.11,40 • .�O1..we14rowo.QrR�""'°,w leewwimss "..'mmaro"iiv N i.um.i.w.4[1100rma e .mn.w..exAn. 4ereg"1.T>T oFm. MAINTENANCE RESPONSIBILITY wrnearet s.'""wr , ROOT BARRIER NOTE CANDIDATE PLANT MATERIAL LEGEND En. .P,o..aarwuR ma W r ::• T �wui EIMEIELME 140.10,1 IMMINNOMESIMI `w"wrinw VIrti Wit IR•401 1Z4S,P xa r- WOG ,RN,ReIe.e.vRFOR eLew0M•. PREPARED FOR Pwq [AWN .mww.snYEx nema PREPME06Y. I SLOB, WOCAPE AnONIECTURE omu.wX "I SW NM@91 RSIPA LO NUMBER: LORNMMrF ART: PRCJECT NYRE: m ,.OwnAw 24410.4.1. 044041. 11144 On/ 941 CAL...aL Q rtif Q Is 10•64 GAL 18 00.1.1 GAL I OIL MM i REN510NI: N 5 RENSIR PFn0IGR: 1 S: REVISION REVWSION IQH2: REV61CN 1: REVISION ORIG. OATE:01-I{!q '6 DEP R t I I” s "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 AEP SPAN Tulsa Junior College Tulsa, OK 12", 16", 18" or 20" coverage i. I� 1 ,fl4 J fi Mann if. Location: Texas 1I ap. Seam t t-rid ng seam systems that can is the curves: Both C',:l,i' Seam and Select Seam ricrrow batten profiles can he machine curved for an aesti letc appeal. Both profiles are offered tapered far conical roof applications. Cap Sesrrn is available with factory ni:itching to make for an easier installation and clean detail at the eave and ridge. Selec Seam's wide batten profile adds a bold definition to non -curved roofs. Manul. 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City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 25 ITEM TITLE Public Hearing — Tentative Subdivision Map for the Consolidation of Three Properties on the East Side of the 1900 Block of Palm Avenue into an Approximately 34,500 Square Foot Lot with a Planned Development Permit for Eight Single -Family Homes (Condominium Ownership) and Variances for Exceeding Density and Wall Height Limits (Applicant: Diaz Development) (Case File No. S-2005-6/PD- 2005-4/Z-2005-7) PREPARED BY DEPARTMENT EXPLANATION AndregiOskinson Planning This proposal is for a one lot subdivision and construction of eight single-family homes, including three that are already under construction pursuant to a previous City approval in July 2004. The Planning Commission held a public hearing on this item at their November 21, 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 RC Staff recommends approval with an added condition limiting the total number of homes to seven. BOARD / COMMISSION RECOMMENDATION Planning Commission recommends approval of the Tentative Subdivision Map. Vote: Ayes- Carrillo, Pruitt, Graham Nays- Flores, Reynolds Absent- Alvarado, Baca, Martinelli, ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 37-2005 3. Location Map 4. Department & Agency Comments Resolution No. 5. Notice of Exemption 6. Site Photos 7. Application 8. Applicant's Plans (Exhibit A) A-200 (9/99) BACKGROUND REPORT The project site is located on the east side of Palm Avenue at its intersection with 20th Street in the Single -Family Residential Extendable -Planned Development (RS-3-PD) Zone. The site overlooks the National City Golf Course to the east and Butterfly Park, a public park, to the south, both of which are zoned Civic Institutional -Open Space (IC -OS). It is also located in the midst of a single-family residential neighborhood, which stretches to the north, west and southwest of the site. The neighborhood is predominantly developed with single -story single-family homes, and is zoned RS-3-PD north of the site and Single -Family Residential (RS-2) west of the site. The L-shaped site is comprised of three lots totaling approximately 34,500 square feet. It has 174 feet of frontage on Palm Avenue and is 95 to 250 feet deep; the back half of the lot is 105 feet wide. The front half of the lot is at approximately the same grade as Palm Avenue and the rear half of the lot slopes sharply down to the east, towards the National City Golf Course. There are several existing single-family houses on the northerly one-third of the site, and three houses are under construction on the southerly two-thirds of the site. In July 2004 the City approved the development of four single-family houses on the southerly 20,000 square foot lot. As previously mentioned, three of the four houses are currently under construction (see attached site photographs). Subsequent to both the approval of the project and the commencement of construction of the houses, the applicant acquired two properties adjacent to the north (approximately 14,500 additional square feet of lot area). This Tentative Subdivision Map and Planned Development Permit are for both the 20,000 square foot area the City previously approved for development, and for the two additional properties. The applicant proposes to combine the three lots totaling approximately 34,500 square feet into one lot, and to create a condominium interest in eight single-family houses they propose to construct. The applicant has requested a Variance to allow a project density of 10.1 units/acre, where 8.7 units/acre is allowed. As mentioned above, the applicant is currently building three of the eight houses (pursuant to the previous approval) on the southerly two-thirds of the site. The older, existing houses on the northerly one-third of the site will be demolished. Exhibit A shows the proposed site layout. There will be two houses facing Palm Avenue built on the northerly one-third of the lot; they will both be setback 20 feet from Palm Avenue. Beginning approximately 10 feet east of Palm Avenue four houses will be built facing south toward Butterfly Park; the houses will be separated from each other by 10 feet. The applicant has requested an exception to allow the 10 foot setback from Palm Avenue, where 20 feet is required. Consistent with the previous approval for the 20,000 square foot southerly portion of the site, there will be a 24-foot wide driveway along the south property line to provide access to the houses on the southerly two-thirds of the site, including the two under construction closest to the golf course. Significant grading is necessary in order to develop eight houses on the property. The bulk of the needed grading is on the southerly two-thirds of the lot, and most of it has been finished consistent with the previous approval (see attached site photographs); however, site landscaping, including landscaping the retaining wall, has not yet been completed. In order to build the houses on the northerly one-third of the property several feet of fill and a small three to four foot retaining wall along the north property line will be needed; the applicant has requested a Variance to exceed the four foot max fence height in front yards, so that this retaining wall can be topped with a privacy fence. The proposed site grading will result in level building pads and private rear yard areas between 12 and 16 feet deep; for the most part all of the houses will have five foot wide side yards, and only the two houses facing Palm Avenue will have a front yard (approximately 20 feet deep). The three houses currently under construction will be completed as previously approved. The five additional houses will consist of two floor plans that will both have approximately 1,800 square feet of living area, and will be very similar to the previously approved houses. Three of the houses will have three bedrooms and two and a half bathrooms, and the two remaining houses will have four bedrooms and three bathrooms. All of the houses will have a two -car garage, a flat tile roof, stucco finish and vinyl grid cut windows. There are a number of General Plan policies that are relevant to the proposed project. The project meets some, but not all of them. Specifically, the project will create additional home ownership opportunities as encouraged by the General Plan. Also, the three and four bedroom houses are consistent with policies encouraging larger unit sizes. Conversely, with a density of 10.1 units/acre the project exceeds the maximum density of 8.7 units/acre allowed by the General Plan in the RS-3-PD Zone. The increased density coupled with the overall site layout and size of the houses may have a negative effect on the existing single-family neighborhood, inconsistent with General Plan policies encouraging new development to stabilize existing neighborhoods. The proposed site layout is a departure from the existing development pattern and character of the neighborhood. Specifically, the project density (10.1 units/acre) is greater than the density of development in the area, which is. approximately 7.6 units/acre on lots that average roughly 5,800 square feet in size. This increased density results in less separation between the houses and smaller yard areas than most houses in the neighborhood. On several occasions staff has encouraged the applicant to consider reducing the total number of units and/or the size of the houses because of the above -described issues. The applicant has requested two Variances and an exception from Land Use Code requirements, as listed below: • Allow a density of 10.1 units/acre, where 8.7 units/acre are allowed. (Variance) • Allow a seven to eight foot tall wall/fence in a front yard setback, where four feet is allowed. (Variance) • Allow a 10 foot front yard setback, where 20 feet is required. (Exception) Granting of the Variance for density and exception for front yard setback may have the greatest effect, possibly negatively impacting the existing single-family neighborhood. The proposal is consistent with many City Design Guidelines, such as the use of high quality materials/elements like grid cut windows, fire places, stucco exteriors and concrete roof tiles. Additionally, the proposed houses incorporate a variety of wall and roof planes, which results in a desirable appearance. Given the potential adverse effects the proposed project could have on the established neighborhood, staff is suggesting that the City Council consider approving this project with an additional condition limiting development to not more than seven homes, which would result in a density of 8.8 units/acre. While still slightly over density, this would allow for greater separation between the homes, larger setbacks, and larger yard areas adjacent to each house. Finally, home ownership opportunities would still be created. Staff would work with the applicant on revising the construction drawings to include not more than seven houses, consistent with all applicable Code sections and Council approved Variances and exceptions. Standard conditions, including Engineering requirements for a site drainage plan and a Final Map, are attached. Additionally, Fire Department requirements for site access and residential sprinkler systems are included with the report. Comments provided by the Public Works Department concerning a sewer easement through the National City Golf course have been satisfied, and the proposal has been modified to handle storm water on - site without eroding existing or proposed slopes. Finally, given the small size of the proposed yard areas a condition prohibiting accessory structures (e.g. sheds, patio covers) has been included. Planning Commission held a public hearing on this project November 21, 2005. They heard testimony from two residents in the project area, who both voiced opposition to the project at its current size. Planning Commissioners primarily discussed the proposed project density as it relates to building spacing, provision of yards, and compatibility with the existing neighborhood. Commissioners voted to recommend approval of the project noting that the project will create needed new homeownership opportunities suitable for families consistent with the General Plan. RESOLUTION NO. 37-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE CONSOLIDATION OF THREE PROPERTIES ON THE EAST SIDE OF THE 1900 BLOCK OF PALM AVENUE INTO AN APPROXIMATELY 34,500 SQUARE FOOT LOT WITH A PLANNED DEVELOPMENT PERMIT FOR EIGHT SINGLE-FAMILY HOMES (CONDOMINIUM OWNERSHIP) AND VARIANCES FOR EXCEEDING DENSITY AND WALL HEIGHT LIMITS APPLICANT: JAY CLEVELAND — DIAZ DEVELOPMENT CASE FILE NO. S-2005-6/PD-2005-4/Z-2005-7 WHEREAS, application was made for approval of a Tentative Subdivision Map for the consolidation of three properties on the east side of the 1900 block of Palm Avenue into an approximately 34,500 square foot lot with a Planned Development Permit for eight single-family homes (condominium ownership) and Variances for exceeding density and wall height limits on property generally described as: Portion of Tract 166 in Rancho De La Nacion in the City of National City, County of San Diego, State of California WHEREAS, the Planning Commission of the City of National City, California, considered said application and at a duly advertised public hearing held on November 21, 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-2005-6/PD-2005-4/Z-2005-7 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action 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: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed project will create home ownership opportunities, and since the proposed three and four bedroom homes will serve the needs of large families. 2. The site is physically suitable for the proposed type of development, since the 34,500 square foot property can contain the eight single-family detached houses. 3. The site is physically suitable for the proposed density of development, since required off- street parking and some yards areas will be provided. 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 partially developed already, and since the portion that is not developed has been disturbed. 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. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMTT 1. That the site for the proposed use is adequate in size and shape, since the 34,500 square foot lot can contain the eight houses, and since required off-street parking and some yard areas will be provided. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed project will result in a relatively minor increase of 64 Average Daily Trips (ADT) that can be accommodated by Palm Avenue a local residential street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since most required setbacks and building height will be met, and since required off-street parking will be provided. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional home ownership opportunities, that will appeal to families, and since it more fully utilizes a currently underutilized property. FINDINGS FOR APPROVAL OF THE VARIANCES FOR EXCEEDING DENSITY AND WALL HEIGHT LIMITS 1. That because of special circumstances applicable to the property, including shape, topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the L-shape of the property coupled with the slope of the eastern portion of the lot make development of the site considerably more difficult to develop than regular shaped, level lots in the area and under the same zone classification. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since conditions of approval require aesthetically pleasing development consistent with City Design Guidelines. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since single-family detached houses are allowed in the RS-3-PD 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 consolidation of three properties on the east side of the 1900 block of Palm Avenue into an approximately 34,500 square foot lot with a Planned Development Permit for eight single-family homes (condominium ownership) and Variances for exceeding density and wall height limits subject to the following conditions: 1. This Tentative Subdivision Map and Planned Development Permit authorize the consolidation of three properties into one lot, the creation of a condominium interest in the property and eight single-family houses to be built on it. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S- 2005-6/PD-2005-4/Z-2005-7, dated 11/1/2005. 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. No accessory structures, except those shown on the above noted plans, are permitted on -site. 4. Appropriate safety barriers shall be placed atop all retaining walls on -site, subject to review and approval by the Planning Director. 5. 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. 6. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of driveways, walks, utilities, retaining walls 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. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 9. 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 Public Works Departments requirements. 10. 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. 11. 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. 12. 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 checklist for preparation of the grading plan, drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. 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 submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4- inch Class 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 15. The deteriorated portions of the existing street improvements (25' of driveway and 20' sidewalk) along the property frontages shall be removed and replaced. 16. All street damage caused by developer shall be repaired. 17. 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. 18. 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 to adjustment according to actual worked hours. 19. 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. 20. 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. 21. 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. 22. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. Power poles are in the subdivision and shall be removed. 23. The final map shall be recorded prior to issuance of any building permit. 24. All new property line survey monuments shall be set on private property, unless otherwise approved. 25. 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, 26. Fire access is required with a minimum 20-foot width and minimum 13 foot 6 inch vertical clearance and a radius of 28 feet. If the fire access roadway cannot be provided a residential fire sprinkler system shall be provided. 27. Fire hydrants shall be located so that there is not more than 300 feet between them. 28. Consistent with SUSMP requirements mitigation measures shall be included in the final construction design of the project, such that existing and proposed slopes are not eroded. 29. The sewer laterals for Buildings 1 and 2 shall be 6 inch in diameter within the Palm Avenue right-of-way. 30. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 31. Exterior walls of retaining walls/fences 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 he removed within 24 hours of its observance. 32. 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. - 33. Before this Tentative Subdivision Map and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Planned Development 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. 34. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. The Planned Development Permit and Variance shall expire concurrent with the Tentative Map, or two -years after recordation of a final map, unless extended in according to the provisions of Title 18 of the National City Municipal Code. 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 December 5, 2005 by the following vote: AYES: Pruitt, Carrillo, Graham NAYS: Flores, Reynolds ABSENT: Alvarado, Martinelli, Baca ABSTAIN: CHAIRWOMAN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Eight single-family homes (condominium ownership) on a 34,500 square foot property on the east si e of the 1900 Block of Plam Ave. S-2005-6/PD-2005--4/Z-2005-7 NATIONAL CITY PLANNING /7 DRN. DATE: 11/9/05 INITIAL HEARING: 11 /21 /05 • • CITY OF NATIONAL CITY 27 JUN 2005 AM 7:40 FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: June 27, 2005 TO: Angela Reeder, Associate Planner FROM: Donald Condon, Acting Fire Chief SUBJECT: Case File No: S-2005-6 / PD-2005-4 Comments and Recommendations: 1) Fire Access is required with a minimum 20 feet width with a 13 feet 6 inches vertical clearance and radius of 28 feet. If fire access roadway cannot be accomplished alternative is residential fire sprinkler system. 2) Fire hydrants shall be so located as to have a separation distance not to exceed 300 feet. • CITY OF NATIONAL CITY PUBLIC WORKS DEPARTMENT 2100 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL: 619/336-4580 FAX: 619/336-4594 DATE: June 23, 2005 TO: Angela Reeder, Assistant Planner FROM: Roberto Saucedo, Director of Public Works & Special Projects SUBJECT: Case File Nos: S-2005-6 / PD-2005-4 Thank you for the opportunity to review and comment on the tentative subdivision map and planned development permit for the five unit development on the east side of Palm Avenue near 20th Street. The following comments are based on the principle that the proposed on -site improvements will be private and maintained by the development's Home Owners Association and at no time will become the responsibility of the City Of National City. 1. Storm Drains — The site plan shows the on -site runoff to be collected via a drainage system terminating on the east side of the development at an energy dissipater. Concentration of water as proposed, could cause erosion problems to the slope and disruption to the golf course operations. The developer's engineer should be requested to provide information that addresses potential mitigation measures that alleviates and / or eliminates these issues. 2. Sewer Main — The site plan shows a sewer line between Building A and Building B extending easterly to the golf course, apparently to connect to an existing 8 inch diameter sewer main located easterly of the tee box for hole number 4. Construction of this sewer main requires an easement from the City Of National City (owner of the golf course) and close coordination with the golf course operator (American Golf). The feasibility of installing and maintaining this sewer main should be ascertained before this project is approved. 3. Sewer Laterals — The sewer laterals for Buildings 1 and 2 shall be 6 inch in diameter within the Palm Avenue Right -of -Way. • • Case File Nos. s-2005-6/PD2005-4 June 23, 2005 Page 2 4. Retaining Wall — The site plan shows a variable height retaining wall on the southerly property line and adjacent to City owned parkland. The drop from the city own parkland side to the development's access road side, at places appears to exceed 5 feet. The developer should be required to install an anti graffiti coated fence on top of the retaining wall to assure the safety of the park users. 5. General - If appropriate, the developer should be required to obtain approval of the project from the golf course operator Again, thank you for the opportunity to review and comment on this project. If you have any questions regarding this matter, please call me at 336-4582. cc: Jeff Servatius, Street Maintenance Supervisor Joe Smith, Sewer Maintenance Supervisor Miguel Diaz, Parks Superintendent Leslie Deese, Community Services Director 0: Documents and Settings\RSaucedo\My Documents\Memo-AngelaReeder-S-2005-6 & PD2005-4submittal.doc • City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 411 27JUN2005AM8:05 ENGINEERING REQUIREMENTS FOR NEW SUBDIVISION ON PALM AVENUE NORTH OF 20TH STREET Date: June 25, 2005 To: Angela Reeder, Planning Department From: Adam Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatric , City Engineer Subject: NEW SUBDIVISION ON PALM AVENUE NORTH OF 20TH 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 Public Works 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 ® Recycled Paper • the project. An approved SWPPP will be required prior to issuing of a construction permit. 4. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. 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 checklist for preparation of the grading plan, drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 5. 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 submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 6. A soils engineering report shall be submitted for the Public Works 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. 7. The deteriorated portions of the existing street improvements (25' of driveway and 20' sidewalk) along the property frontages shall be removed and replaced. 8. All street damage caused by developer shall be repaired. • • 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. 10. 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 to adjustment according to actual worked hours. 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. Power poles are in the subdivision and shall be removed. 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. 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. 11111 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (819) 420-1413 FAX (619) 425-7469 http://www.sweetwatecorg June 22, 2005 Ms. Angela Reeder City of National City Planning Department 1243 National City Blvd National City, CA 91950 Subject: WATER AVAILABILITY, 2005 1933, 1941, 1945 PALM AVENUE CASE FILE NOS.: S-2005-6 / PD-2005-4 SWA DEV. FILE: 1945 PALM AVENUE 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 27 JUN 2005 AM 9:54 Dear Ms. Reeder: This letter is in response to an application for a Tentative Subdivision Map and a Planned Development Permit for the subject property within the Sweetwater Authority (Authority) service area. There is a 12-inch water main in on the east side of Palm Avenue adjacent to these parcels. The Authority's (Authority) records indicate that there are three existing services serving these parcels in addition to two services that were previously requested by the developer. The existing facilities are shown on the attached sketch. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. 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. If you have any questions, please call Mr. Russell Collins at (619) 409-6754. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:RC:jg Enclosure cc: Mr. Jay Cleveland 908 Paradise Knoll Court National City, CA 91950 I A P%tlt`\\ety5iferntyrue\Cor\Water Availability-6-22-05.doc Serving National City, Chula Vista and Surrounding Areas 1933, 1941, 1945 Palrri Ave 41) Tank ill, Pira Hydrant Valve a Air Valve • Slow Off • Pump Station Main fie Misc. Lateral .e/ Service Lateral / Road • Easement 0 Quarter Section O.J Parcels / Pressure Zone Pressure Zone ■ Bonita litanies • Banta Hues hydro ■ Bonita Highlands envay . Mainmast ® Malecreste Hydro Moose Manor BE v HH ita nds S Lynwood Hills MI McMillin ■ MOMs-Claire Vista ® Od. Arnold 0.0. Arnold Hydro .as eat° aleinhoad Hydra N s Printed: 6/22/2005 8:59:54 AM The parcel or road data shown on this map is proprietary information from SANGIS. 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. (www.sangis.org) WARNING: Location of water facilities are approximate only, based on record information. For a more accurate location, water facilities must be field located. Call U.S.A. @ 1-800-422-4133 two days prior to excavation. Or call Sweetwater Authority @ (619)420-1413. n Mee... yView Batatos Powered By GeoSmart.net • 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. CUP-2004-9 Project Location: 1945 Palm Avenue Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Development of eight houses on a 34,500 square foot lot for sale as condominiums Applicant Name and Address: Diaz Development LLC 908 Paradise Knoll Court National City, CA 91950 Telephone Number: 619-434-4799 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 32, Section 15332 (Infill Development Projects) n Not a project as defined in Section 15378 of CEQA E. Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no probability that the project will have a significant effect on the environment, since the project site is a 34,500 square foot lot in National City, an urbanized area, and a total of eight houses will be constructed for sale as condominiums. The lot is currently developed. Date: Andrew Hoskinson, Associate Planner e Recycled Paper (26 s • Site Photographs —1931-1945 Palm Avenue (S-2005-6/PD-2005-4) Figure 1: Project site, looking east across Palm Avenue. Figure 2: South side of project site, looking east from Palm Avenue, with 3 existing homes on the site in background Site Photographs —1931-1945 Palm Avenue (continued) (S-2005-6/PD-2005-4) Figure 3: Rear of subject property looking west toward Palm Avenue Figure 4: Rear of subject property, looking northwest from Golf Course. • NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 1:gDOS- I0 Filing Fee $ 652' Rec ' t No. Date Received (O((p/D5 By E.A.F. Required Fee $ Related Cases r-P`D -L SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 4/-3( 3 (o - c /'360- 3 2 -(2, 0--3P-6(1 PROPERTY LOCATION / I yam% / 9 / / q 33 /jh iziye COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 5 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: J 8 3 u rV ey : � Name: Signature ,1 Signature (Signe acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: /a toa`t, S4--owe r Address: SA.v o C.A 9aocsz`4 Phone No. g g S 13 - .i 10 (o 4 Phone No. FaxNo. S/3-38i7 Date: (-le-oS Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signatur I Signature (Sign a acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 902 ?IVA')(' ( ( Address: IAA*aA.,w) Cfi Phone No. 6/1-1 /3 T - 17 9% Fax No. �p/, 7.W-i�g/7 Date: Phone No. Fax No. Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 �� • • APPLICANT Name: J6) s (Ple�e t j pe or print) Signature: 0 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: ,O, 4,0 K // /9/ervv.. 1 C> zy FOrs'.0 Phone No. 6 9- 7' 3 ,f' Y777 Fax No. Date: /.o—f -16). Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 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 7�USE KONLY TLJ Case Number - C')(W J 4 Filing Fee $ N..0 Receipt No. Date Received toita I By�..l� e E.A.F. Required Fee $ Related Cases n LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) r c ?S h) Z+1\ —F rlC4 Ho l y ' 14i L.,A, [-1 v C1"-) GT CA 1 r PROPERTY LOCATION 1C S 1`1 L l c, 1133�A'YY` between �� and 1 A li 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: Signa (Sign acknowledges that this application is being filed) A Name: Address: 0 8 Signature (Signature acknowledges that this application is being filed) f`kidf tQ Address: C+ Phone No. (t/i - q3 - LI77 Phone No. Fax No. 6 / r q3 q - CIY (7 Fax No. Date: c"_ Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 • Address: APPLICANT Name: JACAeu (Pleas type or print) gnature certifies that the information submitted with this application is true and accurate tothe best of the applicant's knowledge). o tvALA, -0A Phone No. IQ (q Fax No. ^ 3' - `-1S 1 Date: 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 /7 �f v / NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 2----aO(----26 - 7 Filing Fee $ 3.109.8 Receipt No. Date Received it II 1?0D5 By E.A.F. Required MIN Fee $ Related Cases s..)-c DIDS (OPTazoS-�-1 SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) 5/J-3 (5-31 -0o, 5'6/-36o-37-0d) (C&I-3r)-3g-(20 PROPERTY LOCATION / 9 S- /K/ /9 Y� � geY No. Street between and COMBINED GENERAL PLAN/ZONING DESIGNATION Zone Variance Application Revised December, 1998 Page I of 4 119 REQUEST: The Applicant req9ests a Zone Variance pursuant to Land Use Code Section number /.g, / 1511, 5 C1 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): •;cI.e,v I helsi'ly 6411 Ite, PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Sign a acknowledges that this (Signature acknowledges that this a plication is being filed) application is being filed) Address: qO 2 Po(,,i a.f-i'w 1) Address: NA'�iot,,ra) C,Vy CA 919,0 Phone No. IO 1 I • l( 3 `1 - I 1 Phone No. Fax No. Ep) '1 3 1 - g 1 % Fax No. Date: 1042" 6S Date: Zone Variance Application Revised Decernber, 1998 Page 2 of 4 • APPLICANT Name: J Pt�d Q \A (Plee type or print) Signature: (ignature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: q0 g N9-k-) wn 7 03-17 C 9) 9 ) Phone No. 7) 7 1 ,q $ " L/ 7 9 9 Fax No. 6/r e7?Jq- e g17 Date: J� —g ,feJ cy¢ Zone Variance Application Revised December, 1998 Page 3 of 4 ZONE VARIANCE JUSTIFICATION Before granting any zone variance, the decision making body is required by law to make a written finding of facts that the below conditions apply. Any evidence you desire to submit substantiating these may be attached. California Government Code Section 65906 - variance from zoning ordinances Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property owner of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property. Zone Variance Application Revised December, I998 Page 4 of 4 33 o ELPG 1 FP=10R.2 �.. PAD=107. c, 20TH TREET EX\ \-T f\ / i '�/ / /-' 5515,F GR,5 SECTION C-C NOW. -G - PAO • IID 1`. CONSTRUCTION NOTES: c STRtt ,. Ps 1.C. ▪ @SILT ]' RDA VRfl0 4',110 O q...,c K NS011' C.AO05 00 525 MOM IECDL0 MLS OSRAT fii4.K 1. ▪ C. t RQYAS 1C40 03I1.I FY:F. 15 W,CI., 41CR © MCC CG T, E.R,90 .mlerarr RL1Y 00900! 46g4 C l.Tut 6 P2 SO. 40 .r o.04 RLSIIL 4.5C4ER wwLL mx[ V 501111550I 4' o. ram CO▪ N wrir mar Box M,n e.1C°ISfALC ICIIC 9ws x4 Yr1 1.1C OR MC 4F APP1/C ° MAL el.-ML1r0 /10RS 4 OcasTrurr morn LLIRLIL @CdSAC rem. 41 L 1©WT4S S V.Q FORM d°N VSL R &corn .,: RYLC C. ac cxc HUN RIBBON GUTTER 90 . 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NJ: •v;rivil .inii 8111110 k( •I ,, r • To.. • cal .31 00133.'21111 ,N1113 . • . , 10 11001.1 0112 3 03.434., /3110 31-101130111 3 01311 300 Or .001.1 . wolf woos ..ivaar - I Loin Mimi Misr. •solvio a 01341111....... Nov otel rum fro S t •.. moo.... cum lam WT.. 2,10-a.6 TWA 23-33 . - -.ON • 71-41•Nv/11,1. - -'- efurV,,Z— 'tO%tV tt0'- 1• City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 26 ITEM TITLE Public Hearing - Conditional Use Permit for a Wireless Communications Facility on th\ National City Middle School Property at 1701 D Avenue. (Applicant: NEXTEL Communications)��(Case File CUP-2005-16) PREPARED BY Martin R'd'eder, 336-4310 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on this item at their October 17, 2005 meeting. The Notice of Decision was forwarded to the City Council on 11/15/05. At that meeting the Council set the item for a public hearing on December 20, 2005 and requested that a Sweetwater Union High School District School Board member. The attached background report describes the proposal in detail. An updated list and map of existing wireless facilities in National City is also attached. Environmental Review X N/A Categorical Exemption Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Carrillo, Alvarado, Baca, Flores, Martinelli, Graham. Nays: Pruitt Absent: Reynolds ATTACHMENTS ( Listed Below ) 1. Background Report 2. PC Resolution No. 28-2005 with Findings and Conditions of Approval. 3. Location Map 4. Simulation & Site Photographs Resolution No. 5. Proposed Exemption 6. Application & Project Plans 7. Wireless Facilities in National City A-200 (9/99) BACKGROUND REPORT A proposal for a wireless facility was submitted in 2004 on the National City Middle School campus at the southeast corner, near Otis Elementary School (CUP-2004-12). The Planning Commission approved the project but the proposal was withdrawn by the applicant during the City Council hearing process. Since the previous submittal (CUP-2004-12), the facility has been proposed at a different location which is more than 500 feet away from the previous location, and 260 feet away from Otis Elementary School. The current location was chosen to address community concerns relating to the impact to Otis Elementary School (raised at the City Council hearing), and potential impacts to National City Middle School operations. The current project location is along East 16`h Street adjacent the northeast comer of the playing field on the 9.26 acre National City Middle School campus, in the Civic Institutional -Open Space Zone. There is little vegetation on the nearby campus area (see attached site photos), with the exception of an existing grass playing field. The 16th Street right-of-way has mature trees along both sides of the street; including several 25 to 40-foot tall broadleaf trees, and two 50-foot tall palm trees on the opposite side of 16th Street. The closest tree to the proposed facility is approximately 20 feet away. The applicant proposes to install a 57-foot tall artificial broadleaf tree with 12 panel antennas and a 230 square foot equipment shelter. The proposed location of the site is approximately 2 feet lower than the 16`h Street sidewalk, and is 16 feet from the eastern property line and 7 feet from the northern property line. There is a 2 to 3-foot high wall on the street side with an 8-foot tall chain link fence on top. The shelter protrudes approximately 6 feet above the wall, with the roof of the shelter being approximately 2 feet below the top of the chain link fence. The shelter would be 11 %2 feet by 20 feet by 10%2 feet high. It will be of modular construction with a stucco finish to match school buildings. Plans for the facility also show some additional exterior equipment. The artificial broadleaf tree is proposed with twelve 4-foot by 1-foot panel antennas which will be located 40-feet and 47-feet high on the tree. The antennas will be screened by leaves and branches. No landscaping is proposed with this project; the area around the tree and the shelter would be covered by a weed barrier with gravel on top. The proposal is a good example of a stealth facility, consistent with City policy, with all of the wiring inside of the tree trunk. Samples of leaves and bark have also been received along with photo simulations. The simulations and the samples both look realistic. The antennas extend approximately 7 feet from the tree trunk and will be obscured by the leaves and branches. The equipment shelter will be finished to match the existing school buildings and is surrounded by its own chain link fence. This style of construction is typical of the immediate area. Additionally, a condition has been included to place the additional exterior equipment inside the shelter to further add to the similarity of the shelter to nearby buildings. There are several existing trees in the immediate area along both sides of 16`h Street. The proposed artificial tree is similar in height to the tallest of these trees (palms across 16th Street), but is taller than most broadleaf trees in the area. The artificial broadleaf tree will blend in with the existing environment and would not be much more noticeable than a regular tree with the possible exception of its height. Normal screening techniques such as landscaping and fence slats could possibly draw attention to the site since there is little existing vegetation However, an additional live tree and/or additional landscaping would add symmetry to the area as well as help to further screen the shelter from adjacent uses. Therefore, condition of approval number 5 has been added to require an additional tree. Consistent with City policy, co -location opportunities were pursued but found not possible. The applicant stated that no sites were available within their search ring, which encompasses Highland Avenue between Plaza Boulevard and East 24th Street, and 16th Street between D and L Avenues. The facility is proposed to improve service to the Highland Avenue and 16th Street corridors. Based on the attached coverage map this is an area of limited or weak service. Nextel currently has seven operational sites in National City with four more proposed or under construction. The nearest antenna owned by the applicant is located at 30th Street and Highland Avenue. The Planning Commission held a hearing on this item on October 17, 2005, where the applicant answered questions regarding site selection and school district support for the project. Commissioners expressed an interest in obtaining additional support, in writing, from local school personnel, as well as from the school district, for future wireless projects. The Planning Commission voted to approve the Conditional Use Permit finding that the site is suitable for the proposed facility, that the facility would not have an adverse impact on adjacent or abutting properties, and that the facility would provide enhanced service which is a benefit to the community. The Planning Commission's Notice of Decision came before the City Council on November 15, 2005. At that time the Council set the item for a public hearing, requesting that a representative from the School District Board be present at that hearing. Since this is a discretionary permit, it can either be approved or denied. Findings for approval are contained in the Planning Commission Resolution. An action to deny would also require specific findings. According to Federal law, such findings may not pertain to the effects of electromagnetic fields (E.M.Fs.) on humans. • 411 RESOLUTION NO. 28-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON NATIONAL CITY MIDDLE SCHOOL PROPERTY AT 1701 D AVENUE APPLICANT: NEXTEL COMMUNICATIONS CASE FILE NO. CUP-2005-16 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on National City Middle School property at 1701 D Avenue at a duly advertised public hearing held on October 17, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2005-16 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Conunission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 17, 2005, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small lease area (752 square feet) will have little effect on use of the 9.26 acre school property, and will not affect existing school uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility, requires only one to two visits each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 57-foot artificial broadleaf tree will adequately screen the twelve panel antennas, and since the lower grade of the site will partially screen the equipment shelter from adjacent properties. i it 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Nextel wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at National City Middle School. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP-2005-16, dated 7/26/2005. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. All wiring and cables between the equipment shelter, artificial broadleaf tree and antennas, and any associated communications or wiring junction boxes shall be placed underground, inside the artificial tree or within the equipment shelter. External GPS antennas shall be painted to match the finish of the equipment shelter. 3. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 5. A detailed landscape and irrigation plan shall be submitted depicting proposed planting of a minimum of one broadleaf tree in the area immediately adjacent the proposed equipment building. Required trees, which shall be a similar species to nearby broadleaf trees, shall have a minimum height of 25 to 30 feet at time of planting dependant on growth rate subject to review and approval by the Planning Director. Required landscaping and irrigation shall be installed concurrently with the installation of the proposed artificial broadleaf tree, and shall be continuously maintained for the duration of this Conditional Use Permit. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8. Exterior walls of buildings/poles 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. s 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. 10. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 7, 2005, by the following vote: AYES: Carrillo, Alvarado, Baca, Martinelli NAYS: Pruitt ABSENT: Flores, Graham ABSTAIN: Reynolds 5 1821 Feet NATIONAL CITY MIDDLE SCHOOL Approximate location of proposed facilty ZONE BOUNDARY — LOCATION MAP Conditional Use Permit for a wireless communications facility at 1701 D Avenue. Otis Elementary School C U P-2005-16 NATIONAL CITY PLANNING DRN. DATA 9/15/05 INITIAL HEARING: 10/3/05 16 A# 2005 PM12:50 NEXrE2 LOCATION EXISTING CA-748 1 -8 MABUHAY - NATIONAL CITY MIOOLE SCHOOL PROPOSED - VIEW LOOKING SOUTH FROM ACRC88 16TH STREET. 1701 D AVE. NATIONAL CITY. CA 9 T 950 MSA Aiabbaoruav A Pba,d j a.LOa.aL � OMNI MS Site Photos —Wireless Facility at N.C. Middle School CUP-2005-16 Project location looking East Project location looking North v Project location looking Southeast 16th Street looking West 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: Project Location: Contact Person: CUP-2005-16 1701 D Avenue Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on the campus of an existing Junior High School. The project will increase signal strength and service area for Nextel Wireless customers. Applicant: Nextel Communications Stephanie Whitlock (agent) 5761 Copley Drive, Suite 100 San Diego, CA 92111 Exempt Status: n Statutory Exemption. Telephone Number: (858) 650-4230 Categorical Exemption. Class 3 Section 15303 (New Construction or conversion of small. structures) Not a project as defined in Section 15378 of CEQA Not subject to CEQA Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the 752 square foot lease area will occupy only a small portion of the 9.26 acre school property, be effectively screened, and will not affect use of the school or property. Date: MARTIN REEDER Planning Technician Recycled Paper NATIONAL CITY, CALIFORNIA APPLICATION for X Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number CUP-01005 11c Filing Fee $ 3 O3 ° Rece' t No. Z/l ZT9 Date Received 1ro�l� o5 By E.A.F. Required Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) sce- 2�IcI . PROPERTY LOCATION ?. P Ae rl,1 No. between (CO and eiriA COMBINED GENERAL PLAN/ZONING DESIGNATION Street Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1of4 /7 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: 1Ja-F-el Co►-rlmuvt,icotrvvt, r ui tivto( otpprvtoJ of- eor -b e f-7tbl�'sk 4- ©parte- #t- wi r,'( eo►vtwl,uyiic_Arisavi fotGi [ Igo wo{ 1 air �-t5 5-7' tD Idler a ft egiL 041441 litAitXvkii, PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). c w.�t t-Gr (AWO'vt Name: {-41111, cA.00 176114Ct Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: t t 3�Gw- C-frI Phone No. (fr1 • 5 '4111 . j tvv' Fax No. No. Date: Sky / 7,06 Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: LC, +-i ( (�Cil�i'lmiA f'll( ,l1�,�' (Please type or print) ,..efi,k4.141.e.-- W C/{ F) Signat ignature es that the information submitted with this plication is true and accurate to the best of the applicant's knowledge). Address:rj7(,P GpptGy (74out DtZ—®►P. Ch 92-11,( Phone No. Fax No. Date: `05 1750 • +742- Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3of4 -►` Communications San Diego SITE CA7481 B MABUHAY (With New Site) • Coverage Plot • • In Building Portable • In Car Portable • Mobile Communications San Diego SITE CA7481B MABUHAY (W/O New Site) Coverage Plot • In Building Portable • In Ca•r Portable • Mobile PAciiieff Communications San Diego SITE CA7481 B MABUHAY BlackSites(OnAir) BlueSites(InDevelop) Coverage Plot do • In Building Portable • In Car Portable • Mobile NATIONAL CITY PLANNING PT. EXHIBIT A Nextel of California, Inc. dba NEXTEL Communications SJECIAL ZED fv1O3 LE A3 0 FACILITY SITE NAME: "MABUHAY (NATIONAL CITY MIDDLE SCHOOL)" SITE NUMBER: CA-7481-B VICINITY MAP No Scale '005, SAN 3000 NEXTEL OFFICE. LAKE SCUM TO 1-5 = Y SOUTH. Eva ON M'. LE 05 ,09R5 w (LEFT/EAST). 'URN LEFT ON NATIONAL CIS" BLVD. TURN RIGHT ON 15TH STREET, TURN LEFT ON 0 AVENUE AND THE SITE IS ON THE RIGHT AT NATIONAL CI1T MIDDLE SCHOOL. DIRECTIONS AL:. WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WOH TSE CURRENT EDITIONS OF THE FOL_OwING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS 15 TO BE C01:STRUED TO PERMIT NORK NOT CONFORMING TO THESE CODES. I. CALIFORNIA BUILOINC CODE DNCL TITLES 24 N 25) 20C1 2. UNIFORM MECHANICAL CODE 1997 3. ANSI/ENT-222-5 LIFE SAFETY OGEE Wok-101-1E90 UNIFORM PLUMBING CODE 1997 5. NATIONAL ELECTRIC CODE 1996 '.. CST/COUNTY ORDINANCES CODE COMPLIANCE THIS PROJECT CONSISTS OF THE CONSTRUCTION OF AN JNMANNED TELECOMMUNICATIONS FACILITY TO INCLUDE THE FOLLOWING: INSTALLATION OF A (N) 11'-&o20'-0' EOUIPMENI 6UIL➢MG W/ SMOOTH STUCCO FINISH & PAINTED TO MATCH SCHOOL: INSTALLATION OF A (N) 57-0" HIGH 'BR0A0LEAF MONO -TREE": INSTALLATION OF (12) (N) 6'-0' PANEL ANTENNAS, MCUNTEO ON THE (N) 57'-D" MONO -TREE, (4) PER SECTOR, (2) SECTORS; INSTALLATION OF (N) ELECTRICAL h TELEPHONE SERVICE: IN57ALVATION OF (N) COAX CABLE ATTACHED TO (N) CABLE SUPPORT BPoDCE, FROM SHELTER TO ANTENNAS; • OTHER TELECOMMUNICATIONS FACILOIES ON SIZE: NONE PROJECT DESCRIPTION APPIJCANT/I FSSFE; HEMEL COMMUNICATIONS 5761 COPLEY DRIVE. SURE 100 SAN DIEGO. CA 92111 CONTACT: STEPHANIE WHITLOCK PHONE: 760-250-4361 PROPERTY/OWNER INFORMATION OWNER: SWEETWATER UNION HIGH SCHOOL ADDRESS: 1130 FIFTH AVENUE CHULA VISTA. CA 91911 CONTACT: JIM CLARK PHONE: 619-595-4440 AP.N.'. 560-091-20 CURRENT ZONING: INSTITUTIONAL CIVIC -OPEN SPACE PROJECT INFORMATION: GOVERNING JURISDICTION' CRY OF NATIONAL CRY AREA OF CONSTRUCTION: 804 D OCCUPANCY TYPE: B CONSTRUCRON TYPE: V-N ZONING APPLICATION jl: -- HANDICAP REQUIREMENTS: FACILNV 15 UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS REQUIREMENTS NOT REWIRED. IN ACCORDANCE WITH CAUFORN9 STATE ADMINISTRATIVE CODE, PART 2, TITLE 24. SECTION 11056.3.42, IXCEPTION 1. PROJECT SUMMARY ARCHITECT. MSA ARCHITECTURE & PUNNING, INC. 6920 MIRAMAR RO., SUITE 202 SAN DIEGO. CA 92104 CONTACT: MICHAEL SHEWBRIOGE PHONE: 949-251-1177 CONTACT: JOE HUSSEY PHONE: 658-530-0578 $URV5YOR: CALVAOA SURVEYING INC. 108 BUSINESS CENTER DRIVE CORONA CA 92880-1762 CONTAcr'. ARMAN00 DUPONT PHONE 909-280-9960 SITE ACCUISTION/CONSTRUCTION' NEXTEL COMMUNICATIONS 5761 COPLEY DRIVE. SURE TOO SAN DIEGO, CA 92111 LEASING: STEPHANIE WHNLOCK, 760-250-4361 ZONING. STEPHANIE WHITLOCK, 760-250-4361 CONSTI 1ANDIS SCHMEHR, 658-650-4276 CONSULTANT TEAM SHT NO. DESCRIPTION T1 Al A2 A3 LSI TITLE SHEET Silt sue LEASE AREA PLAN. ANTENNA PUN & DETAIL NORTH. EAST, SOUTH h WEST ELEVATIONS TOPOGRAPHIC SURVEY SHEET INDEX THE FOLLOWING PARTIES HEREBY APPROVE NO ACCEPT THESE DOCUMENTS AND AUTHORIZE THE CONTRACTOR TO PROCEED WITH HE CONSTRUCTION DESCRIBED HEREIN. ALL CONSTRUCTION DOCUMENTS ARE SUBJECT TO RENEW BY THE LOCAL BUILDING DEPARTMENT AND ANY CHANGES AND MOOIP1CARONS THEY MAT IMPOSE. PRINT NAME SIGNATURE DATE LEASING ZONING RF CONSTRUCTION INTER CONNECT LESSOR APPROVAL Nadia 01 CDlilom(o, Inc. dba%Q COLnmun;callon6 5761 COPLEY 2RNE, STE. 100 SN DEGO, CA 92111 PHONE: (85E1)650-4200 FAX: (858)650-4202 'MASUNAY (NATIONAL CITY MIDDLE SCNOOy' CA-7481 4 1701 D AVENUE NATIONAL CITY. CA91950 SAN DIEGO COUNTY PROJECT N0. CA-7461-8 I DRAWN 9Y JWH CHECKED HY MI5 NO DAZE ISSUE 04/oo/a YF/25/04 07/21/04 95/11/04 OP/2)/(II NPR. M SONI6 SHEET TIRE TITLE SHEET Ilrt SUBMITTAL I2nd SUB111ITAL II15A rcA-7481-8 0,171 rn (E) MUSIC 8LGG. AN 7721 (E) LUB01R" 10968 (E) -0Fr ERIa 970 (E) 60T'S SHOWER/LOCKERS N 7738 (E) CTMNASION 9930814 (E) GIRL'S SHOWER/LOCKERS AH 2131 16TH STREET ....._............ \(E) CHAIN UNK OATS MABUIHAY `(t1ATIONAL CITY MIDDLE SCHOOL) (E) TURF EIELD (E) CUSSROOMS 69 7755 (E) DOMESTIC SCIENCE DLCC. 9 (E) CLASSROOMS P 3081a (E) EL0 fil Fx Io 1� m �11 u KOZIALL COURT Hi (E) SECURED RESIDENCE 15TH STREET SETBACK SITE PLAN LEGEND — OH— —X—X SITEPLAN- PROPERTY UNE EASEMENT/SETBACK UNE OVERHEAD UnIRV EXISTNG CHAIN LINK FLNCE RETAINING WALL MSA aRMen.e y 1M- AfIDMinRTRi9uN80 SnCepC. Ulu PILE.026ni FLBAL9RIW Node! of Calilomia. Inc aba PEX7E_ Communications 5761 COPLEY ORTME, STE. 100 SAN DIEGO. CA 92111 PHONE: (858)650-4200 FAL: (656)650-4202 •MABUHAY (NATIONAL CITY MIDDLE SCHOOL)" CA-TAB1.B 1101 D AVENUE NATIONAL CITY. CA 91950 SAN DIEGO COUNTY • 'PROJECT NO. 06-7181-8 'DRAWN BY JWH CHECKED BY WS NO DATE ISSUE 3 ISSUED 508 20.104 RE -Man rca 0ww0 ezum RLII. 2y'drON l[.A1c Drown. SKEET TIME SITE PLAN SHEET NUMBER Al at SUBMITTAL 2nd SUBMITTAL: paw fCA-7481-B 5. S. BANC STRAP (N) AN'ENNA MOUNTING ARMS, NUMBER & SIZE TD :E DETERMINED BY CARRIER k MANU%ACTURER. M' BOX OF THE PROPOSED MONOPOLE TRUNK STRUCTURE SHALL CONSIST JF SIMULATED BRANCHES AND FOLIAGE. WIM THE BOTTOM 20% OF -HE 57RUCTURE CLEAR Sr SUCH FOLAGE (N) 3RDA0;EAF MDNOTREEJ �--+U, OANTENNA MOUNTING DETAIL (N) 57'-0. BROADLEAF MONOTREE. SEE DETAIL 2 (N) 6'-0' PANEL ANTENNAS. (TYPICAL OF 12), SEE LETAM1. 2 (E) SIDEWALK 147205'S0'E 707.12' ' aturvotirmillrarmir •- lo (N) 3 -C I CHPIN LIMN I GATE DOWNTYT MOUNTING KIr, (TYP, ON 80TH ANTENNAS) (.V) NEXTEL PANEL ANTENNA JUMPER CABLE RF CONNECTOR (DRIP LOOP (N) NEXTEL PANEL ANTENNA JUMPER GBLE RF CONNECTOR (DRIP LOOP 2-3/6^ 0.D. MOUNTING PIPE. COAX CABLES TO RUN THROUGH TOWER ENTRY PORT FAUX BRANCHES NOT SHOWN IN AREA OF ANTENNA; ACTUAL LOCATION k NUMBER OF BRANCHES TO BE DETERMINED BY CARRIER k MANUFACTURER LEASE AREA k NC%RL ENCLOSURE 1 5' (N) SHELTER ROOF 0tmJNE ')N) CPS (N) CPS ANTENNA ANTENNA //j (NEXTEL EQUIPMENT SHELTER. TER. SMODTN STUCCO FINISH k PANT . MATCH SCHOSPECCIFICAPON SEE �k LS R�� X x (N) TEA CABINET n/ WEATHERHEAD TO (N) POWER/TELCO P.C.C. L(N) WEED BARRIER & GRAVEL AROUND SHELTER (N) U.G. POWER & TELCO EIS CONCRETE STOOP O LEASE AREA PLAN 350, (30' (N) 6'-0'H NEXTEL PANEL ANTENNA MOUNTED TO (N) MONOTREE, PANTED TO MATCH MONOTREE. (4) PER SECTOR. (3) SECTORS, (12) TOTAL (N) ANTENNA SUPPORT ARMS. AS REQUIRED, SEE MANUFACTURER'S DRAWINGS. (TYP) (':.„„mg; OANTENNA PLAN SG. I/A' I'-0' e (N) 57'-D' HIGH BR0.M'FAF MONDTREE 1 J (E) CAW BLOCK WALL W/ 10'-O'H4 CHAN LINK FENCE ON TOP \ MSA AMAeYnAAnn:o. M. HAR.4MfM fa WS)INf.T Maxie! of Caliloreio, Inc. dbo NEWEL Communications 5761 COP(EY DRIVE, STE. 100 SAN DIEGO, G 92111 PHONE: (858)650-4200 FAX: (858)650-4202 `MASUHAV (NATIONAL CRY MIDDLE SCHOOL)' CA.7A81-B 1701 0 AVENUE NATIONAL CITY. CA91950 5AN DIEGO COUNTY 'PROJECT N0. G-7A81-8 ' BY CHECKED 8Y MIS NO DATE ISSUE PPM FOR DORM RF--- 0 ;Pi ZOOMaAswm FOR RE-¢wF0 ECxN6 ®d FOR SMOG SHEET TITLE LEASE AREA PLAN, ANTENNA PLAN & DETAIL SHEET NUMBER A2 tat SUBMITTAL 2nd S1RMmAL• IMSA jG-7011-8 (N) ET_T H PANEL ANTENNAS, SECTOR 2, (TIP. OF I2) (N) fi -U N PANE ANTENNAS, SECTORS !, 3, (ttP_ OF 12 (N) 5]'-0 BIRO/W` ySC MDNOTREAQ, CHAIN LINK FENCE O AD0'E_ ELEV. GRO'- (E) UTILIO0 POLE (N) CPS ANTENNA. ('(P. Of 2) (E) 9'-0 HS CHAIN LINK FENCE i.D. ,,E) 3'-0'N2 LMU RETAINING HALL TROPERTY LINE (E) SIOE'NALK (E) STREET ( ELEC. MEl (N) CABLE SUPPORT BRIDGE SL EQUIPMENT SHELTER, SMOOTH STUCCOFINISH PAINT i0 AtATCHSCHOOL. S(0 41FR, OWL. FOR SPECIFICATIONS 4 CETAItS PROPERTY LINE -1 ( SOUTH ELEVATION ( TELCO CABINET (N) 5Y-4 BROADLEAF MONOTREE FRS (N) 6'-0'H PANEL ANTENNAS, SECTOR 2, (ttP. OF 11) (N) 0 -0'H PANEL NPENNAS, SECTORS 1 k 3,(TYP. OF 12) (N) NETTCL EQUIPMENT SHELTER. SMWTH STUCCO FINISH k PUNT 10 FOTLN CX00L, SEE Y1R. OW FOR SPECIFICATIONS k NAILS (N) AWNING C FCNCE W/ 3'-0' LAi WEST ELEVATION O z h2 3 L (N) 6'-0"11 PANEL ANTENNAS. SECTOR 2. (1YRR OF 12) (N) 6'-0-H PANEL ANTENNAS, , SECTORS 1 0 S.(TYP. 0f 12) (N) NEXTEL EQUIPMENT SHELTER, M00TH STUCCO FINISH k PAINT 10 MATCH SCHOOL, SEE 41R. DAC. FOR SPECIFICATONS k DETAILS (E) e'—ONN (ENCE� PRCPELE Rtt I IN (E)_GRALE 0 (E) GRACE ` ELN. 0 -0 ELEV 0'-0' '4R NORTH ELEVATION (N) 6'-0-N PANEL ANTENNAS. SECTOR .2. (ttP. Of 12) (N i2'-0- OR0t01 FAT /—(E) B'-0'NS CHAIN LNK FENCE (E) A'-Ol1S CMU o BLOCK RETUNING I WN NOTE: PORTION OF 01E (E) FENCE NOT SHOWN fdi CIAMTY. OEAST ELEVATION (N) 5Y-0. 700801 AF Mpg1REE (N) 6'-01H PANEL ANTENNAS, SECTORS 1 0 3,(TYP, Of 12) (f) 39'-0111 UTILITY POLE (N) NEKfft ECKAPI NR SHELTER, SMOOTH STUCCO FINISH h PANT TO MATCH 5CN001- SEE MFR. DWG. FOR SPECIFICATIONS k DETAILS (N) GPS .W1EIIVA (ttP. Of 2) NJ 6' 0. CIMN LINK FENCE W/ 3'-0- GTE E) S. 0,0 CHAIN LINK FENCE T.O. (() 9-0IR1 CMU RETUNING WALL (E) PROPERTY LNE (E) SIDEWALK (E) STREET .NSA Ndbv9.R11..Ye 611614rr 141.S.N1 S.pwu G92121 HHaIW h[iOki taFVNn.NNFr.Y on. NalCI of Co9Io06, 4c. ob. MEIREL COmmunicolioo6 5761 COPLEY OWE. STE. 100 SW DIEGO. G 92111 PIIO)1E. (858)650-4200 PA'0 (858)65D-4202 10.411UHAY (NATIONAL CITY NICOLE SG1DOLr CA-44B1N1 17010 AVENUE 9LA110NAL CITY, CA 91950 SAN DIEGO COUNTY fi 'PROJECT N0. co-2M1-B 'DWWi NY CHECKED 00 MIS NO DATE ISSUE 3 a/M/N RTn1/ 1 un1/R. m/10/P1 M/N/m 11F-69/0) SHEET 111LE NORTH, EAST, SOUTH & WES ELEVATIONS SHEET NUMBER A3 IN MGM. 244 SUBMITAL: (G-A61-B TITLE REPORT nano ex sir. In a non.• o,,.o Ssm 00 qW, 0.R6 WI. Km. LEGAL DESCRIPTION mom r0lem a ono. x,c sort u (Armµ p.m a sue rem Dam. •W RUM wMRP YC1. Iy co 0.Yq.G R..301 I¢09L IiE V.V.ImM6stt M' NOP440211.50 H. a RSI 0 nMIdr 101 .•0.WRY EMT 4[NT eWG OnVr R3M MOM orNom T TOW IS1, ICI• MOI O.. Nunn R I. naT. lou« No e mane No Inn NT v.. SnsS x n( an 014NIR Dry mnry Ware V Rm. TOE O LN(Ml\ Ogyy11, c ATEM•5 NRLL xa ,MTN-n ry 0Y Sa KW NNn AATAS. arY{ ASSESSOR'S EARED, NO.: EASEMENTS IT., owmorn waw��m.a�.Ya r.,<n.r lasa.en,o. m-un. mum.on f•On.,Wont a»wsamrm .,n 0.1allrm.RlR Nn mom ura ,doss zmovI,dY . II. Ia Noun n xn 'TE T n iw o. room, worm, 1rw Asa u TES non. dn.. SETT. to 0n et K n. x0 74. ?OTT T OA NIT. MRmI .. __. W eWF UNaS P.n.S pTT. N rtNY. ,l IAI •...cc NO. I-rosl0.atlt Tom..., rlmp,,mx. �W ommoo. eon ,. um.„ td 01s o1Yas N. NemWo �N.An 11 Iwo s x:nawl.o oo worse Tann u¢Nn1mg 1433• maRmo S Nmvs R.N.maw. uwvr;: mt u ., N000 (Fop. Non, ACCESS EASEMENT non s �Rn a noa n Inn I: on x Ma Nona noum ems NU Rm.dn Tn. NOlwrerzrn iv a TNNoau �.6 ANT n.r0 .m wl l NU TWIN In s�.d ;vo Yrwo nn Mt Mr Or h. 0,5 A OW nit. 0 CAROM. ON TOOT 1(a TO 51d 6 t@A6 mnLmr.Rxm10 1R r on. u0 6a NnoT u rw u. s�O 0 sler.IO .10 ass a s,10 COAT. NENT Mae aE m1ARlt a SO TT spot mromtIyrx01T nfm3 norm. mmMnnrNora w'ggN... SRN,, 21T RR T1gm M00.14 RrplRy IN µ' I.EISE AREA .lR eyAv.m SMNEN.•To NE Nie w'Om¢uNvuo lIIOdS I NTT RI 1N 6.1YYCfdd 60R IA l.'IDpS10 WPRu .OP xNo.15 uo v. IM norms 03Ni are •on.A0*µ00naW Ti: mMn IT ow E .x o wxr'. T a5-me Mau rto¢ ST..,. Nrw UN OWN porn., TT non a 0pOw0Cl VOCE...T. OLT TEN Non nal No]LIP1 Inn i01No mnawc751 sn n. GFAGRIPPIC COORDINATEA TPROPOSED MO.YOTREE IMMO) unlit 1rW115 MO. 111 :1, 0.onl ton. Troller mar. 1. a PATES OF SURVEY Wk. ON TN BASIS OF BEARINGS tt Tann ammo. son a Ili Ace e. INTO RENOI/ MARX —7- 1 AOR +In �. ..' Ton Lease Area Detail PR0+054D 41,16.1S N(X2L VASE ARIA I8M SJRRi oxosrm Areal 1, ACCESS (A A., • ORAPIIICSCALE 30 0 If SO PERT m.1. Tel �- ]Btl. S2Rl67 INIA STRBR r", pe-,a F AVIN0I 3l motet n90n097)aae.v' I.Otrla {(.AS( AR. Noir Overall Site Dated PMG I'.P M Lame won May eNNYH war • IMF anno0 Tn. vav MSA Mr Nona., in Mg Wan. Ranson SR San Di, a91131 ,19.0.1167 Sam /nano. L,u.Nu.Lrt .., Naxlol of California, Inc. db.EL Communications 5751 COPLEY DRIVE. STE. 100 SAN DIEGO. Ed 91111 PHONE: (858)650-4200 FAX: (858)650-4202 -NOOV11Ar C4O491-9 1701 D AVENUE NATIONAL CITE. CA 91950 COUNTY OF SAN DIEGO CALVADR CO04130 018.0 POO N0 Mit i 9417 1111E TOPOGRAPHIC SURVEY IY 99Nr3L IN neon& A \ \ \ \ \ , \ pi. .L.----,-„. __-, , - , , , .,-54,, 62p "' -- \ \..-/,/ , - i,-----1 / ._„s--- \ ---\-- 12, - - - -=' sl ---- " ' -''' ---' 21•- 16,,c30 - 35, 44 5O - • _ - - 262 t:3' -1\0\' \ \ . , - -_--- • ___-___ '.7— 000, 15, • 28, 61 _46 9 • • location of one or more facilities in National City • u facilities in unincorporated area p pending approval id facility denied — City lir , • 10,3 25- 36, 55 •, Wireless Communications Facilities (45 National City Planning Dept. 11/2J05 Facility # APN Location Provider Applicant/Consultant Name Case'File No. 1 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 2 562-340-26 300 W 28th Street AirTouch Cellular/Cingular Wireless Cingular Wireless CDC Res. No. 94-28 75-foot monopole with three sector antennas and 450-sq foot equipment building. 3 556-471-24 801 National City Boulevard Nextel Communications Nextel Communications CUP-1994-8 4 559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1995-11 5 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services PacificBell Mobile Services CUP-1995-13 6 555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 7 556-471-24 801 National City Boulevard AT&T Wireless Services , D. Garvey Corporation CUP-1996-2 8 554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services CUP-1996-4 9 559-160-13 1022 W 24th Street GTE Mobilnet GTE Mobilnet CUP-1996-5 CDP-1996-3 10 563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1996-6 11 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services CUP-1996-7 12 554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular CUP-1996-8 13 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. CUP-1996-12 14 564-472-01 3030 Plaza Bonita Road Nextel Communications Nextel Communications CUP-1997-8 15 554-050-15 2005 E 4th Street GTE Wireless Lettieri-McIntyre & Associates CUP-1998-4 16 557-420-27 1840 E 12th Street Nextel Communications Nextel Communications CUP-1999-4 17 556-471-24 801 National City Boulevard AT&T Wireless Services WFI CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 18 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 19 561-360-35 18th and Newell Street Sprint Tim Kolset, WFI CUP-2000-8 20 555-082-11 111 W 9th Street Sprint Tim Kolset, WFI CUP-2000-9 21 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group CUP-2000-11 Located atop Bay Theatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Road Sprint Tim Kolset, WFI CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 23 554-120-24 2701 E 8th Street PacBell Krystal Patterson, PlanCom CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument. 24 554-120-18 2701 E 8th Street AT&T Wireless Services AT&T Wireless Services CUP-2000-24 Located at existing church. Antennas located in a 60-foot monument. 25 562-330-43 152 W 33rd Street Sprint Connor, Riley and Associates CUP-2002-8 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings. 26 554-120-24 2701 E 8`" Street Sprint Tim Kolset, WFI CUP-2000-27 Located at existing church. Wireless communication facility- nine antenna and equipment building. 27p 555-053-17 700 National City Boulevard Skytel Corporation Moss & Associates, Inc. CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 28 559-040-53 1445 Tidelands Ave Nextel Communications, Inc. Nextel Communications, Inc. CUP-2000-31 40-foot monopalm with three sectors of four antennas each and equipment shelter. 29 564-290-06 3300 block Cagle Street Sprint WFI CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for the park. 30 557-420-27 1905 E. Plaza Boulevard Sprint PCS WFI CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 31 559-106-17 525 W. 20th Street Sprint Gianni & Associates CUP-2001-4 Located on existing storage building. Wireless communication facility- 9 antennas and equipment building. 32 556-473-18 242 E. 8th Street AT&T FIXED Wireless CUP-2001-6 Located atop an existing church. 33 554-050-12 303 Palm Avenue Sprint PCS Gianni & Associates CUP-2001-10 Located on National Guard Armory property. PCS facility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 34 563-370-35 3007 Highland Avenue Nextel Communications, Inc. Nextel Communications, Inc. CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 35 556-590-61 1019 Highland Avenue Cingular Wireless PlanCom CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 36 563-231-38 1914 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-3 Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Shopping Center. 37d 564-290-06 3737 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-4 72 foot tall monopine with standard equipment enclosure. 39 556-101-15 241 National City Boulevard Cingular Wireless PlanCom CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existing furniture store; four equipment cabinets outside 40 558-200-24 2415 E. 18th Street Cingular Wireless PlanCom CUP-2002-13 Panel antennas located inside new light standards; equipment located inside existing commercial building. 41 556-354-13 716 Highland Avenue AT&T Wireless Services Shelly Kilbourn CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 42 563-010-47 2605 Highland Avenue Sprint Project Design Consultants CUP-2002-18 Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. 43 554-050-15 2005 E. 4th Street Cingular Wireless Krystal Patterson CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in El Toyon park and a 160 square foot equipment enclosure. 44 556-590-61 1019 Highland Avenue Sprint PCS E3 Solutions CUP-2002-24 45 46 47 48 49 50 51p 52p 53p 54 55 56p 57p 58p 59p 60p 61 62p 63p 1u 2u 3u 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 564-471-01 3030 Plaza Bonita Road Verizon Wireless 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 561-271-01 2005 Highland Avenue Cingular Wireless 12 antennas on the roof of a Highland Avenue office building 669-060-26 5800 Boxer Road Cingular Wireless Whalen & Company, Inc. CUP-2003-13 Krystal Patterson Krystal Patterson 12 panel antennas on the outside of the O.D. Arnold water tank and a 150 square foot equipment enclosure adjacent to the tank 562-3 40-26 26 300 W. 28th Street Nextel Tetra Tech/Franklin Orozco 12 antennae on existing communications tower and a 270 square foot equipment enclosure adjacent to existing equipment 594-110-05 3820 Cagle Street Cingular Wireless Krystal Patterson CUP-2004-3 CUP-2003-4 CUP-2003-16 CUP-2003-30 Located at Sweetwate r Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building. 557-420-31 1900 E. Plaza Boulevard Cingular Wireless 5 panel antennas in a new pole sign at Jimmy's Restaurant 552-283-11 2323 E.Division Street Sprint Delta Group 3 panel antennas in a 9x10x16 roof -mounted cupola 560-191-30 1701 D Avenue Nextel 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 551-570-20 51 North Highland Avenue Sprint 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 669-060-26 5800 Boxer Rd. Sprint 6 panel antennas on the outside of the O.D. Amold water tank and a 360 square foot equipment enclosure adjacent 563-231-39 1914 Sweetwater Rd. Nextel 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 564-290-06 3820 Cagle Street Cingular Co -location on 55-foot monopine - additional 12 panel antennas and new 275 sq. ft. equipment vault 554-120-24 2701 E 8th Cingular Co -location in church spire - 3 antennas within existing architectural feature 558-030-30 1035 S. Harbison Ave. Nextel 12 panel antennas on a monopalm with 299 sq. ft. equipment enclosure. 554-050-15 2005 E. 4th Street Nextel 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter 556-510-12 914 East 8th Street Cingular 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 559-040-53 1439 Tidelands Cingular 12 panel antennas on monopalm with associated equipment shelter 669-060-26 5800 Boxer Rd Cingular Plancom 12 panel antennas on the outside of the O.D. Amold water tank and a 520 square foot equipment enclosure adjacent 562-200-02 2900 Highland Cingular 3 antennas on replacement light standard with associated equipment shelter 563-063-29 2563 Grove Street Monopole located aside live palm trees. 563-184-47 2909 Shelby Drive 75-foot monopole and equipment building. 563-062-17 2524 Prospect Street AT&T Wireless Services AT&T Wireless Services ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. Krystal Patterson Nextel CUP-2004-4. CUP-2004-6 CUP-2005-16 Delta Groups/Michael Sloop CUP-2004-15 Cathy Lim Shelly Kilborn Shelly Kilborn Tim Kolset Tim Kolset Shelly Kilbome PC RESO. 32-2003 PC RESO. 20-2002 PC RESO. 11-2002 PC RESO. 02-2001 CUP-2005-3 CUP-2005-15 CUP-2005-10 Plancom Plancom CUP-2005-9 CUP-2005-21 CUP-2005-12 P91-026W P95-025 City of National City, California COUNCIL AGENDA STATEMENT METING DATE December 20, 2005 27 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City of National City awarding a contract in the amount of $1,159,000 to Portillo Concrete, Inc. for the Highland Avenue Medians, Phase I - 8th to 16th Street Improvements Project (Funding for this project is provided by the National City Community Development Commission). PREPARED BY EXPLANATION Alberto Griego DEPARTMENT See attached Engineering EXT. 4386 Environmental Review X N/A ♦ Financial Statement Approved By: MIS Approval The total cost of the project is estimated to be $1,506,700. This amount is within the estimated budget for this project. Funding is available through Community Development Commission Account Number 900210. Account No. Finance Director STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. i. Resolution 2. Bid Summary 3. Bid Opening sheet port A-200 (Rev. 7/03) RE: Resolution of the City of National City awarding a contract in the amount of $1,159,000 to Portillo Concrete, Inc. for the Highland Avenue Medians, Phase I - 8th to 16th Street Improvements Project (Funding for this project is provided by the National City Community Development Commission). This project consists of the removal and replacement of asphalt paving at new median locations and at the failed pavement sections, installation of new medians, asphalt overlay, landscape improvements, curb ramps, traffic signage, and traffic striping along Highland Avenue from 8th St. to 16th St. The medians will have left turn pockets at Plaza Blvd., the Wal-Mart and South Bay Plaza Shopping Center entrance driveways and at 16th St. There are no left turn openings to enter businesses except the Wal-Mart and South Bay Plaza Shopping Center opening. This project will eliminate the parking of all vehicles on both sides of Highland Ave. due to the inclusion of a concrete median, which is 10 foot wide. The existing right of way is 80 feet wide. The sidewalks are 9 to 10 feet wide on each side. This will leave only 50 or 52 feet for four lanes of traffic (2 in each direction). This will be the standard for all phases of design along Highland Avenue. Also, MTS Bus Route 929 is along Highland Avenue with stops at 8th and 16th St.. When the bus stops to unload and load passengers it will stop vehicle transit on the rightmost lane. Community Development Commission (CDC) staff was responsible for the design engineering of the project. The Engineering Department has been asked to perform Construction Management Services. On November 22, 2005, seven (7) bids were received and opened for the Highland Avenue Medians, Phase I-8th to 16th Street Improvements Project. Portillo Concrete, Inc. was found to be the lowest responsible bidder and is qualified to perform work. Portillo Concrete, Inc., was founded in 1993 by Mario Portillo, originally specializing in concrete construction only. In 2000, after obtaining a General Engineering and General Building Contractors License, Portillo Concrete expanded into demolition, grading, asphalt concrete paving, site and custom concrete, drainage, landscaping, and masonry. Portillo Concrete is located in Lemon Grove, CA .The company's latest projects for the City includes National City's Miscellaneous Concrete Repairs in 2004 and 2005 and the National City Alley Improvements in 2004. The total cost of the project is estimated to be $1,506,700. This amount includes the construction bid price of $1,159,000 plus 20% ($231,800) for contingencies, and 10% ($115,900) for materials testing, inspection, and surveying. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $1,159,000 TO PORTILLO CONCRETE, INC. FOR THE HIGHLAND AVENUE MEDIANS PHASE I — EAST 8TH STREET TO 16TH STREET IMPROVEMENTS PROJECT, WITH FUNDS PROVIDED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, the Engineering Department did, in open session on November 22, 2005, publicly open, examine and declare seven sealed bids for the Highland Avenue Medians, Phase I — 8th Street to 16th Street Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Highland Avenue Medians, Phase I — 8th Street to 16th Street Improvements Project to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,159,000 between Portillo Concrete, Inc. and the City of National City for the Highland Avenue Medians, Phase I — 8th Street to 16th Street Improvements Project, to be funded by the Community Development Commission of the City of National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 12/7/20 CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME FIGURES CHECKED BY: I-1113 4LAND AVENUE A1EDIP.NS PHASE 1 -8th To 16th STREET IMPROVEMENTS SPECIFICATION NO 05-05 PROJECT NO, CDC FILE NO.: Will, Plan Sheecs 9285-D Is 9339-0 CHECKLIST SIGNATURE • Kenneth Fernandez YE, SIGNATURE_ 11/23/05 YI:S SIGNATURE YES ue ay, November e2. 2005 X • - UXCONTRACTORS.'. 14.47 SMiCOI.T0.CTORSti 21.50 - I.. '" -- ALL SIGNATURES ARE APPARENT LOW BIDDER: Parlilla Concrete, Inc X AFFIXED - -- ----- -- LICENSE - YES LICENSE YE, •LICFN.SId TYPES AMOUNT OF BOND -' '- LOW BID AMOUNT: $I,t59,000.00 - ,30NDCHECK YES DONDCIIECK i YES IBONU CHECK YES YES -- - ""-- -' --- ENGINEERS ESTIMATE, $1,510,600.00 X ADDENDUMS TO BE - - -- ----- _ACKNOWLEDGEAFI IDnvIT " -- - _ IAFFIDAY1f ._-. .-_ _ .. ...- ...... U ;DISCLOSURE DISCLOSURE . DI WSR (DISCLOSURE . .._- -_ •.-__ _-'_ - :nDDI:NIIUMS NO ,ADDENUUMS NOO ADDDDENDUMS NO Listed in ascending bid amount order: Page 1 8 2 continued on Page 3 8 4, respectively. 1 NO. ITEM CITY. UNIT ENGINEERS ESTIMATE Portillo Concrete, Inc. 3528 Harris Si, Heftier Company, Inc. 1800 McKinley Ave, Ste. A 619-336-0800 3-D Enterprises 3 2180 Garnet Ave., Ste 2C 868-272-3191 MOBILIZATION UNIT COST J TOTAL UNIT COST TOTAL UNIT COST TOTAL TRAFFIC STRIPING 1 LS $ 125 000.00 , $125,000.00 $ 92 000.00 $ 92,000.00 $ 100,000.00 $ 100,000.00 UNIT COST 5 90,000.00 TOTAL $ 90,000.00 AND SIGNAGE(including paint and protective coating) TRAFFIC CONTROL 1 LS $ 35,000.00 $35,000.00 $ 25,000.00 $ 25,000,00 $ 25,700,00 $ 25,700,00 $ 35,000.00 $ 35,000.00 3 1 LS $ 100,000.00 $100,000.00 $ 50,000.00I $ 50,000.00 $ 190,000,00 $ 190,000.00 $ 160,000.00 $ 160,000.00 4 POLLUTION CONTROL MEASURES 1 LS $ 20,000.00 520,00000 $ 15,000.00 $ 15,000.00 $ 4,000.00 $ 4,000.00 $ 15,000.00 $ 15,000.00 5 CLEARING AND GRUBBING 1 LS $ 10,000.00 $10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.D0 $ 5,000.00 $ 60,000.00 S 60,000.00 6 IRRIGATION SERVICES 1 LS $ 30,000.00 830,000.00 $ 8,600.00 $ 8,600.00 $ 40,085 00 $ 40,085.00 $ 10,000.00 $ 10,000.00 ADJUST MANHOLE TO GRADE 7 EA $ 1,300.00 $9,100.00 $ 250.00 $ 1,750.00 $ 650.00 $ 4,550.00 $ 1,000.00 $ 7,000.00 8 REMOVAL OF STREET SECTION (approx 5" A.Ci6"PCC) 6,846 SF $ 5.00 $34,230.00 $ 4.00 $ 27,384.00 $ 3.00 $ 20,538.00 $ 6.00 S 41,076,00 REMOVAL OF STREET SECTION (approx. 5" A.C.) ,' 10,215 SF $ 3.50 $35,752.50 $ 1.00 S 10,215.00 $ 2.95 $ 30,134.25 S 3.00 $ 30,645.00 10 REMOVE AND REPLACE EXISTING STREET SECTION (Dig Outs) 4,800 SF $ 11.50 $55,200.00 $ 18.00 $ 86,400.00 $ 9,30 $ 44,640,00 $ 15.00 $ 72,000,00 11 EXCAVATION AND EXPORT OF SOIL AT i 1 MEDIANS 675 CY $ 40.00 $27,000.00 S 49.00 $ 33,075.00 $ 40.00 $ 27,000.00 $ 30.00-$ 20,250.00 I-1i2"AC. OVERLAY Id "B" 1,150 Tons $ 155.00 $178,250.00 $ 81,00 $ 93,150,00 $ 82.00 S 94,300.00 $ 100,00 $ 115,000.00 1 13 8" TYPE MEDIAN CURB 2,724 LF $ 35.00 595,34000 $ 25.00 $ 68,100.00 S 1935 $ 52,709.40 S 25.00 S 68,10000 14 I' WIDE MEDIAN CURB 967 LF $ 46.00, $44,482.00 $ 2500 9 24,175.00 $ 30.00 $ 29,010.00 8 30.00 S 29,010.00 15 A.C. BACKFILL ADJACENT TO MEDIAN CURB 100 Tons $ 155.00 $15,500.00 $ 200.00 $ 20,000.00 5 160.00 $ 16,0130.00 $ 200,00 $ 20,000,00 16 CRUSHED MISCELLANEOUS BASE COLD MILL EXISTING 77 CY $ 100.00 $7,700.00 $ 210.00 $ 16,170.00 $ 60.00 $ 4,620.00 S 50.00 $ 3,850.00 17 PAVEMENT TRENCH AND RESURFACE 82,500 SF $ 0.70 $57,750.00 $ 0.33 $ 27,225.00 $ 0,30 $ 24,750.00 $ 0.50 $ 41,250.00 8 FOR IRRIGATION LINE 254 LF $ 34,50 $8,763.00 $ 100.00 $ 25,400,00 $ 67.00 $ 17,018.00 $ 60.00 $ 15,240.00 19 REPLACE TYPE 2 DETECTOR LOOP 60 EA $ 575.00 $34,500.00 $ 350.00 $ 21,000,00 $ 350.00 $ 21,000.00 $ 500.00 $ 30,000.00 20 CONCRETE PAVING w/ TOPSEEDED AGGREGATE CONCRETE PAVING 4,050 SF -j $ 10.50 $42,525.00 $ 10.00 $ 40,500.00 S 12.25 $ 49,612.50 $ 12.00 $ 48,600.00 21 - std gray w/ 2x2 grid 210 SF $ 5.75 51,207-50 $ 6.00 $ 1,260,00 $ 12.00 $ 2,520.00 $ 1000 5 2,I00.00_ J5 pec #: 05- Page 1 of 4 CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME HIGHLAND ,AVENUE MEDIANS PHASE 1 - 811 To 16111 STREET IMPROVEMENTS SPECIFICATION NO. 05-05 FIGURES CHECKED BY: PROJECT NO. CDC FILE 6.6.1.: With Pin n sheets 928S-0 to 9339-D - CHECKLIST Kenneth Fernandez 11/23/05 EI[i06 rllitl: YES ,.I.nCf, �'TRACTa R6 1918 'SICiNA I11RI: ISU'UCOI.TRACror5, YES SIGNATURE "16 14.67 SRCOSTR,CTORs'-- 21.30 • 01D DATE DATE: November 22, 2005 T stlav,N �( ALL SIGNATURES ARE AFFIXED LICENCE YES TIGERS!: TYPE &AMOUNT OF BOND DONDCHECK YES BOND CIICCK YCS il3OKOCI4ECk AGDEN RUMS TO BE ACKNOWLEDGE 6 1106Y1T;AFFIDAVIT AhFNAVIT DI SCIOSURE. DISCLOSURE DISCLOSURE iADDI:NDUMS NO n0DENDUMS N0 ADDENDUMS '` ._... YES _ - NO !RID LOVGBI DER Portilla Concrete, Inc. X ,LOw BID AMOUNT: S1I59,601100 X ENGINEERS ESTIMATE: S1,510,600.00 ascending bid amount order: Page 1 & 2 continued on Page 3 & 4, respectively. 1 2 3 Listed in NO. - - ITEM QTY. UNIT ENGINEERS ESTIMATE 3528 Portillo Concrete, Inc. Harris St. 619.466.4639 He10er Company, Inc. 1800 McKinley Ave. Ste. A 619.336.0800 3-D Enterprises 2180 Garnet Ave., Ste 2C 858.272-3191 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL CONCRETE MOW CURB - 6" wide 14 LP E 14.00 $196.00 $ 30.00 $ 420.00 $ 25.00 S 350.00 $ 10.00 $ 140.00 ,- 22 _ STEEL POST BOLLARD 10 EA S 290.00 $2,900.00 $ 300.00 $ 3,000 00 $ 500.00 $ 5,000.00 $ 800.00 $ 8,000.00 24 CLASS °A" TOP SOIL 610 CY $ 5750 535 075.00 $ 65.00 $ 39,650.00 $ 37.73 S 23,01530 $ 30.00 $ I8j00.00 ( 25 ROOT BARRIER -Horizontal 46 EA $ 900.00 $41,400 00 $ 54.00 $ 2,484.00 $ 128.00 $ 5,888.00 $ 10.00 $ 460.00 'r 26 ROOT BARRIER -Vertica'1 1,650 LF $ 11.00 $18,15000 $ 13.00 S 21,450.00 $ 9.66 5 15,939.00 S 10.00 S 16,500.00 28 TREE -3ti"BOX 34 EA $ 1,100.00 $37,400.00 $ 1,28000 $ 43,520.00 $ 701.00 5 23,834.00 S 700.00 $ 23,800.00 RING PALM - 18 Foot Brown Trunk Height 8 EA $ 4,00000 $72,00000 8 2,70000 E 21,60000 $ 2,800.00 $ 22,400.00 $ 200000 $ 16,000.00 q ;0 r 31 RIKG PALM - 24 Foot Brown Trunk Height 4 EA $ 6,000.00 S24,00000 $ 3,900.00 $ 15,60000 $ 3,500.00 S 14,000.00 $ 2,500.00 $ 10,000.00 SHRUBS S Callon 412 EA $ 40.00 $16,480.00 5 38.00 $ 15,656.00 $ 18.27 S 7,527.24 S 20.00 $ 6,240.00 SIIRUBS/GROUNDCOVER - I Gallon 4,355 I EA $ 11.00 $47,905.00 S 760 $ 33,093.00 $ 8.87 $ 38,628.85 S 10,00 5 43,550.00 _ GROUNUCOVER - Plats Li00 SF $ 3.00 $5,100.00 E 0.59 $ 1,003.00 $ 128 $ 2,176.00 % L00 S 1,700,00 L MULCH51 CY 5 5000 52,550.00 $ 65.00 $ 3,315.00 $ 5000 $ 2,550.00 $ 50.00 $ 2,550.00 34 COMPLETE AUTOMATED IRRIGATION SYSTEM 1 LS $ 140,000.00 $140,000.00 $ 128,700.00 $ 128,700.00 $ 140,121.80 $ 140,121.80 $ 100,000.00 $ 100,000.000 75 SOI':.TESTINC 1 LS $ 1,500.00 $1500.00 $ 1,100.00 $ 1,100.00 $ 1,000.00 $ - 1,000.00 $ 1,000.00 $ 1,000,00 36 MAINTENANCE (90 Days) 1 LS $ 5,000.00 $5,000 00 $ 11,000.00 S 11,000.00 $ 5,000.00 $ 5,000.00 $ 9,000.00 S 9,000 00 37 ELECTRICAL LIGHTING SYSTEMS 1 LS $ 133 608.00 S133 608.00 $ 106,000.00 $ 106,000.00 $ 105,405.00 S 105,405.00 S 110,000.00 $ 110,000.00 BID TOTAL $ 1,510,564.00 $ 1,159,000.00 $ 1,216,022.34 $ 1,283,361.00 BASE -23.27% -19.50% -I5.04% Spec' 1-05 r 2of4 12/7/200r CITY OF NATIONAL CITY - BID SUMMARY PROJECT NAME FIGURES CHECKED BY: HIGHLAND AVENUE MEDIANS PHASE : - 8th To 16th STREET IMPROVEMENTS SP°CIF:CA 11061 NO. o5-05 PROJECT NO CDC Kenneth Fernandez 11/23/05 FILE NO.: SIGNATURE YIS :,it , NATURE YES iSlt NADIR i; YES i SV CRS' ti 40n0 S Ii14COTIRACI0 Its. 2100 SUBCONTRACT 01(9 3I110 p.ONTRACTO LICENSE YLS LICENSE YES LICENSE: YUS BOND CHECK YES OOND CHECK YES iBONO CHECK YES AFFIDAVIT lI1IDAVin IAI':OIUAVII' DISCLOSURE ")ISCIOSUR, I i)ISCI.DSIIRI: __,.. ADDLNDUNO N0 ADDINI:UMS NU IADI)I'ND1;M.S NO SIGNATURE: YES SL:liC091 R. IctnRs.+: • ad 0a LICENSE YES BONDCI[ECK YES AFFIDAVIT DISCLOSURE ADU0NDUMS N0 D to 933 With Pion Sheets 9285- i"-D BID DATE: Tuesa ey, .Novemher 23,2U05 ,1PP.AREVT LOW BIDDER: Portillo Concrete, Inc, L i) 1V RID AMOUNT: S1,159,000.00 ENGINEERS ESTIMATE: SI ,510000.00 Page I2255 I NO. 1 & 2 continued on Page 3 & 4, respec ively. 4 5 6 7 ITEM QTY. UNIT \Vier Construction Corp Barham Drive 760-743-6776 Daley 5370 East6ate Mall 858-642-7500 Schelde] Conlracling and Eng, Inc, 3025 Camino De Las Piedras 619.593.8704 Hazard Construction Company 6465 Marindustry Dr. 858-587-3600 AVERAGE (7 CONTRACTORS) UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL ____ MOBILIZATION I LS $ 65,000.00 $ 65,000 00 $ 60 000.00 $ 60,000.00 $ 28,500.00 S 28,500.00 $ 150,000.00 $ 150,000.00 S 83,642.86 S 83,642.86 �1 TRAFFIC STRIPING AND SIGNAGE (Including pant and protect], outing) 1 LS $ 35, 723.00 $ 35,723 00 $ 34,500 00 $ 34,500 00 $ 38,000 00 $ 38 000.00 $ 30,000.00 S 30,000 00 $ 31,989.00 $ 31,989,00 TRAFFIC CONTROL I LS $ 55 600.00 $ 55 600.00 $ 255,000.00 $ 255,000.00 $ 61 500.OD 6 61,500 00 6 229,000 00 $ 229,000.00 $ 143,014.29 $ 143 014.29 4 POLLUTION CONTROL MEASURES 1 LS $ 6,950.00 $ 6,950.00 5 48,500.00 $ 48,500.00 S 10,00000 $ 10,000,00 $ 46,000_00 S 46000.00 $ 20,778.57 $ 20,773.57 CLEARING AND GRUBBING 1 LS $ 16,68000 $ 1668000 $ 45,000.00 $ 45,000.00 $ 50,000.00 $ 50000.00 8 3,20000 S 3200.00 $ 29,268.57 S 29268.57 IRRIGATION SERVICES I 7 t- LS $ 2780.00 $ 2,780.00 $ 10,500.00 $ 10,500.00 $ 75,000.00 S 75,00000 $ 650.0D S 650.00 $ 21,087.86 $ 21,087,86 ADJUST MANHOLE TO GRADE r EA $ 1,390.00 $ 9,730.00 $ 475.00 $ 3,325.00 $ 1,000.00 $ 7,000.00 S 750.00 $ 5,250.00 S 78786 $ 5,515.00 REMOVAL OF STREET SECTION (approx. 5" A/6" PCC) 6,846 SF $ 6.77 $ 46,342.63 $ 8.00 $ 54,768.00 5 4 15 $ 28,410.90 $ 5.00 $ 34,230.00 $ 5.27 5 36,107 08 9 REMOVAL OF STREET SECTION (approx. Y' A.C.) 10,215 SF $ 2.201 $ 22.434.18 $ 3.50 $ 24.50 $ 35,752.50 $ 117,600 00 S 3.12 $ 31,870.80 S 1.00 S 10,215.00 $ 2.40 S 24,466.68 REMOV10 T. AND REPLACE EXISTING STREET SECTION (D:g Outs) 4,800 SF $ 13.34 $ 64,051,20 S 6.00 S 28,800.00 $ 35.00 $ 168,000.00 $ 1731 S 83,070.17 1 EXCAVATION MEDIANS AND EXPORT OF SOIL AT MEDIANS 675 CY $ 5004 $ 33,777.00 S 43.00 $ 29,025.00 S 100.00 $ 67,500.00 $ 104.00' $ 70,200.00 S 59.43 $ 40,118.14 12 I-1/2" A.C. OVERLAY 1,150 Tons 6 124.72 6 143,433.41 S 112.00 $ 128,800.00 5 15000 6 172,500.00 $ 118.00 $ 135,700.00 5 109.67 5 126,126.20 13 3" TYPE "G" M ED:AN CURB 2,724 LP $ 31.97 T $ 87086.282 5 22.00 $ 59,928.00 $ 2500 $ 68,10000 $ 17.00 S 46,308.00 $ 23.62 $ 64,333.10 14 1'WIDE MEDIAN CURB 967 . LF $ 33.36 $ 32,259.12 $ 33.00 $ 31,911.00 $ 30.00 S 29,01000 $ 28.00 $ 27,076.00 $ 29.91 $ 28,921.59 15 A.C. BACKFILL ADJACENT TO h1ED1AN CURB 100 Tons 5 2548 5 $ 25,548.20 $ 24000 $ 24,000.00 $ 190.00 $ 19,000.00 $ 85.00 $ 8,500.00 $ 19007 $ 19,006.89 16 CRUSHED MISCELLANEOUS BASE 1 77 CY $ 97.30 $ 7,492.10 $ 250.00 $ 19,250.00 $ 7500 $ 5775.00 $ 206.00 $ 15,862.00 $ 135.47 $ 10,431.30 ... 1 17 COLD MILL EXISTING PAVEMENT 82,500 I SF $ 037 S 30,274.20 $ 0.39 $ 32,175.00 $ 066 $ 54,450.00 S 0.30 $ 24,750.00 $ 0.41 $ 33,553.46 18 TRENCH AND RESURFACE FOR IRRIGATION LINE --i- 254 1 LE $ 6,95 $ 1,76530 $ 85.00 $ 21,590.00 $ 110.00 $ 27,94000 $ 30.00 $ 7,620.00 S 65.56 $ 16,653.33 1.. 19 REPLACE, TYPE 2 DETECTOR LOOP 60 j EA $ 430.90 $ 25,85400 $ 385.00 $ 23,100.00 $ 600.00 $ 36,000.00 $ 320.00 $ 19,200.00 $ 419.41 $ 25,164.86 )D CONCRETE PAVING w%TOPSEEDED AGGREGATE 4,050 SF $ 27.80 $ 112,590.00 $ 17.00 $ 68,850.00 $ 13.00 $ 52,650.00 8 26.00 $ 105,300.00 $ 16,86 $ 68,300.36 21 CONCRETE PAVING - std gray RI 2x2 grid 210 ] SF $ 9.73 $ 2,043.30 $ 35.50 $ 7,455.00 $ 20.00 $ 4,20000 $ 11.00 $ 2,310.00 $ 14.89 $ 3,126.90 12/7/2005 Spec #: 05-05 Page 3 of 4 PROJECT NAME CITY OF NATIONAL CITY - BID SUMMARY FIGURES CHECKED BY: III GILL AND AVE':UE MEDI ANS 'RASE 1 -8ih To 16th STREET IMPROVEMENTS SPECIFICATION NO 05-04 PROJECT N0. CDC Kenneth Fernandez 11/23/05 FILE NO.: With Plan Sheets 9285-D ra 9339-p �--- sus, 1',112L YEN wocoslxcrons+, iQfNl I.:CEN11: YI:S BON, CIIECK YI"ti AFF'Il>n l'IT DISCI.USL'N t: -.- 401/I:NISI I, - NO i.stooA1111,F YI:S SI(,orc11KI: 1'I:N sw mmlann'oas •. ciao saner is jaroxs^: ;nsn IICIN•: YI'r LICENSE. YI:, 1130140CIiLCK V!5 !BOND CAULK YES AFFIDAVIT AFFIDAVIT DISCLOSURE. DISCLOSURE IADDENISJMS NO ADDENDUM: - NO !.suuINn1UH1: YES --- - -' - - soncanlx,teraxs�•. aa.w ,LICLNSIS yl.S POND CHECK_ ' YES -- AFPIDAVI'f 'DI.SCI.OSURI: NO ,BID DATE: APPARENT Tuesdl>, November 222. 2111'5 LOW BIDDF.R:Pn'tilln Concrete, Inc. -L014'HID ENGINEERS AMOUNT: 51,1SY,(10(I.pp ESTIMATE: 51 tI U,CEP. OC Page NO. 1& 2 continued on Page 3& 4, respectively. 4 5 6 ,ADDE.NDUMS 7 ITEM CONCRETE MOW CURB - 6" wide QTY. UNIT Wier Construction Corp 2255 Barham -Drive 760-743-6776 Daley 5370 Eaolgate Mall3025 858-642.7500 Schelde! Contracting and Eng, Inc. Camino De Las Piedras 619-593-8704 Hazard Construction Company 6465 Marindustry Dr. 858-587-3600 AVERAGE (7 CONTRACTORS) UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL 22 14 { LF $ 2085 $ 291.90 $ 100.00 $ 1,400.00 $ 10000 $ • 1,400.00 S 32.00 $ 44800 $ 4541 S 635.70 73 STEEL POST BOLLARD 10 I EA S 1,320.50 S 13,205.00 $ 28500 $ 2,850.00 $ 50000 $ 5,000.00 $ 740.00 S 7,400.00 $ 635.07 S 6,350.71 2" CLASS'A"TOPSOIL 610 i CY -L- $ 59.08 $ 36035.75 $ 48.00 $ 29,280.00 $ 75.00 $ 45,750.00 $ 45.00 $ 27,450001 $ 5140 $ 31,354.44 25 ROOT BA P3.IER - Horzontal ! 46 ' EA $ 5282 $ 2,429.72 $ 42.00 S 1,932.00 $ 300.00 $ 13,800.00 $ 79.00 $ 3,634.00 S 95,12 $ 4,375.39 26 ROOT BARRIER - Vernca. 1,650 ! LF S 7.92 $ 13 072.95 $ 6.20 $ 10,230.00 $ 15.00 $ 24.750.00 $ 22.00 $ 36,300.00 $ 11.97 5 19,748.85 27 TREE -36"BOX ' 34 'I EA I $ 764.50 $ 25,993.00 $ 600.00 $ 20,400.00 $ 1,500.00 $ 51,000.00 S 784.00 $ 26,656.00 $ 904.21 $ 30,743.29 78 :KING PALM - 18 Fool Brown Truck Height 8 EA $ 4,934.50 $ 39,476.00 $ 3,850.00 $ 30,800.00 5 5000.00 $ 40,000.00 $ 3,136.00 $ 25,088.00 $ 3488.64 $ 27,909.14 3a SING PALM - 24 Foal Brown Trunk Height 4 EA $ 6394.00 $ 25,5 i6.00 S 5000.00 $ 20,00000 $ 8000.00 E 32,000.00 $ 4,171.00 S 16,684.00 $ 4,730.71 $ I9,I22.86 30 SHRUBS - 5 Gallon 412 EA $ 20.85 $ 8,590.20 5 16.50 $ 6,798.00 $ 30.00 $ 12,360.00 $ 29.00 $ 11,94800 $ 24.66 $ 10,159.92 3I SHRllBS/GAOUT'DCOVER- Gol'on 4355 EA I $ 5.00 $ 21,792.42 $ 4.00 $ 17,420.00 $ 20.00 $ 87,100.00 $ 7.00 $ 30,455.00 $ 8.92 $ 38,867.75 32 GROIJ?:DCOVER-Flan 1700 SF $ 0.49 $ 827.05 $ 0.40 $ 680.00 $ 10.00 $ 17,000.00 $ 0.40 $ 680.00 $ 2.52 S 3,438.01 r MULCH 51 CY $ 127.88 $ 6,521.68 $ 100.00 $ 5,100.00 $ 150.00 $ 7,650.00 $ 59.00 $ 3,00900 $ 85.98 S 4,385.13 34 COMPLETE AUTOMATED IRRIGATION SYSTEM1 LS $ 175,872.53 $ 175,872.53 $ 139,000 00 $ 139,00000, $ 148,000.00 $ 148,000.00 $ 97,000.00 S 97,000.00 $ 132,670,62 $ 132,670.62 35 SOIL TESTING I LS $ 347.50 $ 347.50 $ 28000 $ 280.00 $ 2,500.00 $ 2,500.00 S 500.00 -1- $ 500.00 S 961.07 $ 96107 16 MAINTENANCE (90 Days) I 1S 8 538470 $ 5,184.7D $ 5,500.00 $ 5,500.00 $ 24,000.00 $ 24,000.00 $ 12,000.00 $ 12,000.00 $ 10,240.67 $ 10,240.67 37 ELECTRICAL LIGHTING SYSTEMS 1 LS $ 170,000.00 $ 170,000.00 $ 90,000.00 $ 90,000.00 $ 124,000,00 $ 124,000.00 $ 100,000.00 $ 100,000.00 $ 115,057.86 $ 115,057,86 5 1,372,630.77 $ 1,492,699.50 $ 1,532,516.70 $ 1,538,65300 $ 1,370,697.58 -9.13% -I.I8% 1.45% 1 86% -926% 12/7/20f'' Spec air-05 4 of 4 BID OPENING SPECIFICATION NUMBER: 05-5 PROJECT TITLE• HIGHLAND AVENUE MEDIANS PHASE I - 8TH TO 16TH STREET IMPROVEMENTS OPENING DATE: TUESDAY, NOVEMBER 22, 2005 TIME: 3:00 P.M. ESTIMATE: $1,510,600.00 PROJECT ENGINEER: ALBERTO GRIEGO NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY (pAGE 19) BOND) 1. Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, CA 91945 $1,159,000.00 N/A 2. Heffler Company, Inc. 1800 McKinley Avenue National City, CA 91950 $1,216,022.34 N/A 3. 3-D Enterprises 2180 Garnett #2C San Diego, CA 92109 $1,283,361.00 N/A 4. Weir Construction Corp. 2255 Barham Drive Escondido, CA 92029 $1,372,630.77 N/A 5. Daley Construction 5370 Eastgate Mall San Diego, CA 92121 $1,492,699.50 N/A 6. Scheidel Contracting & Engineering P.O. Box 1796 La Mesa, CA 91944 $1,532,516.70 N/A 7. Hazard Construction Company P.O. Box 22900 San Diego, CA 92192 $1,538,653.00 N/A bido5-5 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 28 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a Wireless Communications Facility in an existing Shopping Center at 914 East 8th Street. (Applicant: Cingular Wireless) (Case File CUP-2005-10) MI,PREPARED BY Martin eder, 336-4310 DEPARTMENT Planning EXPLANATION The 1.73-acre parcel is rectangular in shape and is zoned General Commercial (CG-PD). It is developed with two buildings; one single story building oriented north to south along the eastern property line, and a second split-level building oriented east to west on the south side of the property. There is a 75—space parking lot on the upper northern portion of the property and a 44—space lot on the lower south side of the property. The applicant proposes to install a 39-foot tall artificial pine tree, with 12 panel antennas, and a 280 square -foot equipment shelter at the westerly end of the split level building. The existing trash enclosure will be relocated approximately six -feet to the north of its current location to accommodate the facility. Both the equipment shelter and the new trash enclosure are designed to match the adjacent building in texture and color. Additional landscaping is proposed along the northern border of the parking lot adjacent to East 8th Street to further obscure the facility. The Planning Commission held a hearing on this item on November 7, 2005, and voted to approve the Conditional Use Permit finding that the site is suitable for the proposed facility, that the facility is appropriately designed, and that the additional service is needed in the community. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. .gcf7 BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Pruitt, Alvarado, Baca, Martinelli, Reynolds, Absent: Graham Abstain: Carrillo, Flores ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 31-2005 2. Location Map Resolution No. 3. Photo simulations 4. Reduced site plan, elevations, details A-200 (9/99) RESOLUTION NO. 31-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN AN EXISTING SHOPPING CENTER AT 914 EAST 8TH STREET APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2005-10 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility in an existing shopping center at 914 East 8`h Street at a duly advertised public hearing held on November 7, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2005-10 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 7, 2005, support the following findings: 1. That the site for the proposed use of the monopole and equipment shelter is adequate in size and shape, since the 520 square -foot lease area is a very small portion of the 1.73-acre commercially developed property, and since the wireless communications facility will be located in a landscaped area without affecting parking or access. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since both East 8th Street and Highland Avenue, both prime arterials, can easily accommodate the one to two monthly maintenance trips generated by the unmanned facility. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the artificial pine tree branches will adequately screen the twelve panel antennas, and the artificial character of the tree will not be highly noticeable, as it will blend in with nearby live trees in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 914 East 8th Street in the Highland View Shopping Center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2005-10, dated 9/1/2005. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 3. All wiring and cables between the equipment shelter, artificial pine tree and antennas, and any associated communications or electrical power supply shall be placed underground, inside the artificial tree or within the equipment shelter or adjacent building. 4. The proposed antennas shall be painted to match the color of the monopine needles. 5. The monopine needles shall be of appropriate size and number to adequately screen the proposed antennas. Tree limbs shall protrude further from the trunk than the proposed antennas. 6. The replacement trash enclosure shall be finished and painted to match the exterior finish and color of the adjacent building. 7. Plans submitted for building permits shall show the removal of the proposed rooftop access ladder indicated on current project plans. 8. A landscape and irrigation plan shall be submitted to show changes in the existing landscaped areas and the effect on the existing irrigation system. 9. Any externally and independently located air conditioning units for the facility located at ground level adjacent the equipment shelter shall be screened in accordance with City Design Guidelines. 10. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 11. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 12. 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. 13. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 14. Exterior walls of buildings/poles/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 15. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 16. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 21, 2005, by the following vote: AYES: Pruitt, Alvarado, Baca, Martinelli, Reynolds NAYS: Carrillo ABSENT: Graham ABSTAIN: Carrillo, Flores CHAIRWOMAN • 3-PD �aSt7th St HIGHLAND VIEW SHOPPING CENTER ZONE BOUNDARY — — LOCATION MAP Conditional Use Permit for a Wireless Communications Facility at 914 East 8th Street CUP-2005-10 NATIONAL CITY PLANNING DRN. DATE: 11/2/05 INITIAL HEARING: 11 /7/05 038-01 Highland View Center 914 East 8th Street National City, CA 91950 cingulat WIRELESS Proposed 39' monopine Propos-dd monopine Proposed relocate-d----- trash enclosure )38-01 Highland View Center 914 East 8th Street National City, CA 91950 • cingular WIRELESS PROPOSED 038-01 Highland View Center 914 East 8th Street National City, CA 91950 cingular WIRELESS NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 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AMERCED v. NA03BL PER NO. aWKM1 OB]MY �M.1 P iP xM >iELS w41 BC STIPEO 24" BOX PLANnNa Nis 161 •Neer RPORNATIO• ACLO1 BTpATgN PLAN 11DECIEI•IPtlB9® City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 20, 2005 AGENDA ITEM NO. 29 ITEM TITLE Notice of Decision — Approval of a Planned Development Permit to Construct a 2,184 square -foot, 2-story Duplex at 1026-28 B Avenue (Case ile No. PD 2004-06) PREPARED BY DEPARTMENT Mary Jo Wilson, Principal Planner 36-4319 Planning EXPLANATION The Planning Commission held public hearings on October 17 and November 21, 2005 to review the proposal to construct an 2,184 square -foot, 2-story duplex in the western portion of the project site in the RM-1-PD zone. Each of the 2 proposed units will have three bedrooms, 2%2 bathrooms, a private deck and a two -car carport tucked under the 2°d story of the duplex. The project also includes additional site landscaping, a trash enclosure and a driveway to access the new duplex. The site currently has a one-story duplex in the eastern portion of the site which will remain. At the October 17th hearing, the Commission discussed the possibility of creating home ownership opportunties as well as the potential impact the proposed project could have on the established neighborhood resulting from a lack of building articulation. At the November 21st hearing, the applicant proposed a modified project with a variety of roof and wall plane variations resulting in a higher quality design. In addition, the applicant indicated that his preference was to construct a duplex (rental units) instead of condominiums (for -sale units). The Commission stated that while for -sale housing is preferred, additional housing for larger families and the proposed improvements to the property are also important for the community. The project is consistent with several General Plan policies such as providing a housing choice for a full -range of housing opportunities in the community and providing suitable housing for families. The three bedroom units are also consistent with polices encouraging larger unit sizes. In addition, the proposal is consistent with many City Design Guidelines, such as the use of high quality materials/elements like concrete barrel roof tiles, stucco exteriors, wood trim windows and wood balconies. As a result, the Planning Conm isssion approved the proposal at their November 21 2005 meeting. Environmental Review V N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission recommendation to approve the project 4P BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit (Vote: Ayes - Pruitt, Carrillo, Baca, Flores, Graham; Nays — Reynolds; Absent — Alvarado, Martinelli) ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 36-2005 2. Location Map 3. Site Photographs 4. Site Plan Resolution No. 36-2005 A-200 (9/99) RESOLUTION NO. 36-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT TO CONSTRUCT A 2,184 SQUARE FOOT 2-STORY DUPLEX AT 1026-28 B STREET APPLICANT: MR. MICHAEL MARINELLI CASE FILE NO. PD-2004-06 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application to construct a 2,184 square foot 2-story duplex at 1026-28 B Street at a duly advertised public hearing held on October 17, 2005 and continued to the meeting of November 21, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. PD-2004-06 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearings and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on October 17, 2005 and November 21, 2005, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 8,125 square -foot lot can accommodate up to four dwelling units since the required setbacks and off-street parking will be provided and since balcony and yard areas will be provided. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed project will result in a relatively minor increase of 20 Average Daily Trips (ADT) that can be accommodated by B Avenue , a local residential street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the required setbacks and building height will be met, and since required off-street parking will be provided. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional housing opportunities, that will appeal to families due to the larger units sizes. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes the development of a duplex. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, dated November 7, 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. 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. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. 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. 6. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plans shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 7. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the 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. 9. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 10. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollution 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. 11. The existing dead/dying landscaping on -site and adjacent to B Street shall be re- planted. 12. Any necessary repairs shall be completed on the existing duplex 13. Window and door trim shall be installed on the existing duplex consistent with the details represented for the proposed duplex. 14. A residential fire sprinkler system is required to be installed in each of the units of the proposed duplex in the western portion of the property. 15. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Parcel 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 Planned Development 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. 16. Approval of the Planned Development Permit expires one (1) 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 5, 2005, by the following vote: AYES: Carrillo, Pruitt, Baca, Flores, Graham NAYS: Reynolds ABSENT: Alvarado, Martinelli ABSTAIN: CHAIRWOMAN PROJECT LOCATION ZONE BOUNDARY RS-3-PD LOCATION MAP Planned Development Permit to Construct a 2,184 Square -Foot 2-Story Duplex at 1026-28 B Avenue PD-2004-6 NATIONAL CITY PLANNING DRN. DATE: 10/6/05 INITIAL HEARING: 10/17/05 Yer vry ALVV (E5r) I bi�tp7 (t LL * 1026 B Ave National C.fty, CA 91950-3327, US • 0044 Si',tea, mai.t t)*Akroaa Of04 'ith.111` "I 4. UNIT sor .4111' rgioAter) *-42.1141-04M4r0+01.***) (4-1W) 1914- *Mt 41",44SW AferAS) rtitAVAIS U51491.0 Ofer;14 OrShillW riga P 4 %.4.itt OE 4. 1.10411r SCOPE OF WORK: ADDITION OF 2-STORY DUPLEX (AREA PER UN11=1092 SF, TOTAL AREA=2184 SF) OWNER'S NAME: MICHAEL MARINELLI PROPERTY'S ADDRESS: 1026 & 1028 `13' AVE. NATIONAL CITY, CA 91950 APN #: 556-5540500 ZONE: RM-1-PD LOT NO. 05 DESCRIPTION OF PROPERTY: MAP 3150 - SAN RAFAEL !Asia NO. 2 EXIST. FLOOR AREA: 1456 SF EXIST. LOT AREA: 8125 SF PROPOSED HABITABLE AREA: 201(.0SF TOTAL FLR AREA: 1456 SF + 2016o SF = 3472 SF F.A.R. =3472/8125 0.45 PLANS PREPARED BY: ELLEN P. ISIP_1619) 972-2199 Lai 11)s c_ e.pe - 64-.3 0E81 GARAGE 1 FOR UNGTq Mir OS OPEN GARAGE 1 FOR UNITIR MEN OPEN GARAGE 1 FOR IINR18 Ik1M PARKING EPAGE FOR ORR 82 nag RETAIN*3NN4 (TAT. ALL AAOU0) 3 4 !WOK EXIST. 1-STORY 2-8EDROOW1-BATH UNIT #1 1.1 1...16,Irta EXIST. 1-STORY 2-BEDROOM/1-BATH UNIT #2 AREA • 72S SF 1St tC.r.115v4. ezt-t• 10k1A-. Tkvs!{ • I exisr. • I 1 • WALKWAY•- 47 W•CI -TAU -.L.SA -MARS G`XISCr EXIST CURB -14 -61.0No-ca-1— Mr-0470N? "it" Igor e4A4c,, vivoievAry) EXIST CONC. DRIVEWAY) LANDSCAPING PLAN s-10r-Ist • ' 19 1 st -I I IV 15 1.1 OPEN GARAGE 1 FOR UNIT V3 Mar 04 OPEN GARAGE 1 FOR UNIT 13 MariN OPEN GARAGE 3 FOR GUEST OPEN GARAGE 1 FOR UNIT 93 &for IN 19' PROPOSED FIRST FLOOR PLAN (HABITABLE AREA) AREA PER UNIT = 315 SF TOTAL AREA = 630 SF OPEN WALL WITH SEAM SUPPORT 4 r' r 311' 131 1, 31 —1.0 24 21 10. 91 •1.111w 2' 1 101 T 4' BEDROOM 1 ---UP--- A--k ga 11'8•L 2' .1 131 313 39' BEDROOM 2 BEDROOM 3 10'2 10'2 BALCONY BEDROOM 3" BEDROOM 2 111 BALCONY b 1' k-- 4 T2 `4. n PROPOSED SECOND FLOOR PLAN AREA PER UNIT = 693 SF, TOTAL = 1386 SF BALCONY AREA PER UNIT = 60 SF TOTAL. BALCONY AREA = 120 SF --C y F;'4 811 OPEN 1 MILL WITH SEAM SUPPORT • (s) Fo Itzeks44 104-144.4016017.15 SLOVAT 1.1 Ne4 drt— I J.4 sx.„.er VTip (appo.) wir 3g PROPOSED SECOND FLOOR PLAN AREA PER UNIT = 693 SF, TOTAL = 1386 SF BALCONY AREA PER UNIT = 60 SF TOTAL. BALCONY AREA = 120 SF ors &Wiled:40P- TV MAW* 4140€44:7 4i0Lort... 1-1012:64 —1 LT w r L PROPOSED FIRST FLOOR P (HABITABLE AREA) AREA PER UNIT = 315 SF TOTAL AREA = 630 SF City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE December 20, 2005 AGENDA ITEM NO. 30 / ITEM TITLE PREPARED BY EXPLANATION The South Bay Youth Football & Cheer Association has requested to use the Martin Luther King, Jr. Community Center on Saturday, January 21, 2006 from 10 a.m. to 4:00 p.m., for their "Awards Banquet". Approximately 200 guests are expected to attend the event. The Association also requests a waiver of all fees. Request by South Bay Youth Football & Cheer Association to use the Martin Luther King, Jr. Community Center and to Waive All Fees for their "Awards Banquet" on Saturday, January 21, 2006 Community Services Leslie Deese �'�-T"EPARTMENT Phone: (619) 336-4242 Costs: Building (North Room) $422.169 Kitchen $ 50.00 Custodial $ 125.00 Total $ 597.16 The South Bay Youth Football & Cheer Association last used the MLK on January 7, 2005. This proposed use does not fall readily into one of the accepted categories of use under the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center" (excerpt attached). It would, therefore, take the approval of the City Council to use the Center and to waive the fees. ( Environmental Review X N/A Financial Statement Loss of $597.16 if waiver of all fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Last year, approximately $54,000 in fee waivers was granted. Given current budgetary constraints, staff recommends the City Council deny the waiver of fees; however, given the nature of the event, that the Council authorize the use of the Community Center at the rate of $597.16. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter dated December 9, 2005 from the South Bay Youth Football & Cheer Association A-200 (9'99) vvv -.or ,,JAD 1440 /1Ob IQt:41pm P. 003 APPLICATION FOR US.E OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer 1 any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: ° t Zt '"? :0'„c,*') l V4-1 I G.heek Business Address: e 1 T nl vl c ./ j-6'elef (P44 6i,1144oulk) Name of Applicant: yes 14 fit:. v u:Ar Address: (045 VI-ctEPC'rr1f �r t Telephone Number: day (&1') 47 f ` PO'5 Type of Function: 4i 14A1 S 'Ban . u ._t Date Requested:: "ratn(4YZ.j sr 12J006 Decorating Time: J 'J l n}Ipm) to ID: 16 (/pm) Function Time: 11 (ar /pm) to (am/m Clean up Time: (arts/, . to 4 i (am,i) Use of Kitchen: no )Q yes If yes, Time: It (r�prn) to -5 (am/4. Number of Participants: Z.D 0 evening 47 11 3-le ` Will Admission be ,charmed? 1 if yes, Atnount `I ktk,q11 this be a fund raising event? Will alcohol be served? in 0 If yes, ABC Permit Submitted? Certificate of Insurance attached? an Special configuration of tables or chairs required? If yes, attach sketch. Special equipment required? i' If yes, attach list. rwicru),hcy-Le :roe(+um Copy of Rules & Regulations provided? Initials Certificate of Insurance attached? Ro How many times in the last two years have you used the Community -Center? 4 if applicable, how much did you pay for builthng. andfer custodfat fees? cA "cal z4 I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTJN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGAN1 ATION TO CONFORM TO ALL OF lTS PROVISIONS. Applicant recognizes and -understands"that- use of the vity's facility may create a possessory interest -- subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees ter pay any and all property taxes, if anyassessed th use e City' facility pursuant n °• s � during - against E J,,,, Of t17., ..,, S faC,r,a t., Sections � ar.d �vT.� Qif`�*h 4'v'enUe 2'd Taxation Code against Applicant's possessory intcras oitiiy 4i i ture of Applicant Date rev 07!03 guo KILT Yd V11I . Vlys, CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement Certificate of Insurance must be attached to this permit. Organization ah.ci C.41,-e< Asg pet Person in charge of activity Address f trz f` D{ • 5 D q2-4 37feiephone Kim f 4 - 1 w-" 450 City facilities and/or property requested ICI L V. _ ' K t I) Pet*" Date(s) of use Cr 12-1)1)5 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold' harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, empfoyees or contracto Ig ture of Applicant iz-{q ! 05 Official Title Date Certificate of insurance Approved by Name and Title rev. 02/03 .�irr0 YFGwR.t JJI.nt 858 457 1418 10t12/05 09:54am P. 008 4523000003 REBE ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCE Gagliardi Insurance Services, Inc. 284 Digital Drive Morgan-HIH, CA 95037 INSURED San Diego Youth Football' and Cheer Conference 2645 Ferdinand Road El Cajon, CA 92020 DATE (MMNDIYYYY) 101412005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DNLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE ii'�LDER. THrS CERTIF(CATE'DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INsunen A: Philadelphia Indemnity Insurance INSJdER B: INSURER c INSJRER D. INSURER-E COVERAGES THEPOLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSYIED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WrrH RESPECTTO WHICH THIS CERTIFFCATh MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDTTIOMS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AISR gqDD`L LtR INSRQ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLL�Y EXPIRATION DATE (MOMS DATE (MMODISTI (WITS A GENERAL LIA%nY X EACH OCCtRRENCE S 1,000,000 1 COMMERCIAL cEP.ERALLIABurTY PHPK129892 8/112005 8/1/2006 u'" A'te7- D"tH'� PRELrSES(Eaxarence3 $ 304,000/ CLAIMS MADE f X I OCCUR 5,000 X Athletic Participants ,45D EXP (ATy one person) $ PERSONAL 1-,000;0oe. X Abuse & Molestation & ADV INJURY SENERAL S 3,000,-000 AGGREGATE $ GEr LASY.QFIFATELJMT APPLIES PER PRODUCTS -COMPt0e P.riG $ $,000;004 1 P JCY I i .7 8,- 7 LOC Participant Legal Liab l.000,000 A AUTOMOBILE LIABILITY PtYAJrD PHPK129892 8f1/2005 8t1/2006 faCOMBINED>SINGLE u4ar T 1,000A00 x ALL 0r E0 AUTOS BODII BODILY W. LY &?Y (Pei !MIRY X 1 lnenAUTOS NON -OWNED AUTOS BODILY INJ.RY (,Per ecpdent) PROPERTY DAMAGE F.E.eec,aer ) S GARAGE LIABILITY NJTD ONLY. EA ACCIDENT - S ANY AUTO OittER 1FGN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA X LIABILITY — EACH OCCURRENCE ; 1,-00D,000. I I DccLP CLAIMS MADE PHUB048820 8/1/2005 8/1/2006 AGGREGATE r 1,000,000 ' s DEDUCTIBLE . RETEON S' MI $ WORKERS COMPENSATOR AND EMPLOYERS'LIABILRY ' WC 57AT(} OR} TORY LIMITS ER ANY Pn'bPRkTOgPARTF1vRJFJECLRIVE EL. EACH ACCIDENT $ OFFICETUT. NBER EXCL(H)<.D? II Yes. demribe under ) E.L. DISEASE - EA EMPLOYES F S SPECIAL PROVISIONS batow- EL DISEASE - POLICY'IJMrr S flEP DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES T EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS See attached page. CANCELLATION National City Recreational Services 140 E. 12th Street National City, CA 91950-3312 A CORD 25 (2001J0$) RECEIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION - DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO.MAIL 30 DAYS WRITTEN NOTICE TO THE CERDFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO S OSNALL, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KM UPON THE I.ISURER, ITS AGEt.T3 OR giPRESEFTTATiVES. HORD REPRESENTATIVE - O C T 1 2 2005 COMMUNITY SERVICES DEPT NATIONAL CITY, CA O ACORD"CORPORATION 1888 STEPS VIEWRIDGE ESS 467 1419 10/12/HS 09:64am P. 00S 4523000003 REBE. 1MP©RTANT if the t:ertificat holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). tf SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coveraee afforded by the policies listed thereon. RECEIVED OCT 1 2 2005 COMMUNITY SERVICES p 7Y, CA EPT ACORD 25 (2001/08) r.: crc ricwrca I . tt6 •1-tr izruwiat fO :.9.7.pm P. UOZ December 9, 2005 Ms. Leslie A. Deese Community Services Director RE: Usage of the Martin Luther King Meeting Room Dear Leslie, I am writing you to request -usage of the Martin Luther King Room for our association banquet on January 21 ', 2005. Along with the .meeting room, we will need seating for 200 and access to the kitchen and the restrooms. We area local non-profit organization with a target population of youth ages 5 —15 years residing in National City, Paradise_Uills; and other suritnrnding communities. Our organization uses the F ToyerrFootball Field each yearfor our des and practices: Usage of the ? r6. iiu will allow us to keep our league activities within this community. The Board has found that it is lunch easier on the parents an(participants to hold an all league banquet, unlike previous years where teams held individual ceremonies. This setting allows the parents and volunteers to relax and=reflect on the season without having to ser rn over the noise of -Video gamesand children running and screaming. We like to make fhis'atime where we can come together to support one another and acknowledge -the volunteers and to thank them for completion of another season. I have read and signed the use permit and the guidelines that come with usage of this facility. It is my hope that the usage fee can be waived since we are a National City organization: If you need to speak with me, you can call nee at 619-818-45O9. Thank you for your time. Respeotfi;lly su Kula L. Brown, President South Bay Yowl) Fouthall BSc Gucci Associaiicn itox72R N3t,ora City. C.A. 9i95G.o72R air crra• LJ VLr P jn11 - • North Hall Trophy Table Martin Luther King Community Center 140 E. 12th Street Natio.n.al City, Ca. 91950 Trophy Table South - East West North frrn by Table Trophy Table Exit 000000 000000 000000 Exit C)000C)0..000000sx 00000() Seating for at least 200 people. 8 persons -per table. Usage of the microphone and podium is needed. Please leave 6 extra rectangle tables and 20 chairs in one corner. CATEGORIES OF USE I City events organized or sponsored by the city. (NO FEES) II Events organized or sponsored by Mayor or Council members. (NO FEES) HI Recreational activities of the Parks and Recreation Department. (NO FEES) IV City of National City employee groups (CUSTODIAL FEES ONLY) for official meetings. For other than official meetings, functions will be classified by use. V Educational groups. Educational activities organized and sponsored by any school located in National City, or OTHER GOVERNMENTAL AGENCIES. (RESOLUTION RATES AT DISCRETION OF COUNCIL) VI Civic groups. National City organizations which are democratic in character and organized for civic purposes, with membership or participation open to the general public, or designated elements thereof; or fundraising events for community improvements and/or charitable causes. (RESOLTUION RATES) VII Political advocacy. An individual, a group, a political party, sponsors of a ballot proposition, etc., for political advocacy purposes. Includes also a candidate's forum or a ballot proposition(s) forum. VDT Social groups. National City NON-PROFIT organizations which are democratic in character and organized for social purposes, with membership or participation open to the general public. (A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 75% of its active membership comprised of residents of the City of National City) (A non-profit organization is one whose articles of incorporation as non-profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for the payment of these taxes by the STATE FRANCHISE TAX BOARD.) Educational groups meeting for social purposes would be included in this category. Other. Proposed uses not falling readily into one of the above use categories will require the approval of the City Council. Rev. 10/99 -2- r-D ITEM #31. 20/05 NATIONAL *CITY •TRANSIT. MONTHLY REPORT DECEMBER-2005 Technology 1. The joint NCT-NCPD Security camera pilot project is progressing for placement of Real Time video cameras along a NCT bus route. We anticipate moving forward with our project after reviewing the results of the consultant for the NCPD equipment specifications to ensure that our system will be compatible with equipment being purchased for that project as it will tie into the NCPD communication Center for direct viewing. We estimate full installation of a probable four (4)-camera system by the end of the 1st quarter in 2006 at a bus stop location yet to be determined. 2. NCT expects to proceed to "full operation" of our New RCS Radio system by December 1, 2005. We will run both our existing NEXTEL system along with the RCS for approximately one month to ensure that all the bugs are out and then we will phase out the NEXTEL Radios. We do plan on leaving the NEXTEL equipment installed in our vehicles in case the need should arise to reactivate it during an emergency. Our new RCS system will allow us to communicate directly with many NC agencies such as NCPD/NCFD/NCPW/NC-EOC along with other SD County Departments and is an important new resource for Transit. PERFORMANCE DIVIDENDS MONTH NOV-04 OCT- 05 NOV-05 Ridership : 133,809* 150,583 141,971* Passengers per mi. 3.47 3.74 3.66 Passengers per hr. 40.03 42.97 42.47 Revenue miles: 38,551 40,289 38,762 Revenue Hours: 3,779 3,504 3,343 Fare Box recovery (revenue vs. expense) 58.0% 58.2% N/A** * One less weekday service day due to Holiday on Nov 24th (Thanksgiving) ** Data delayed due to submission dates 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 1 PERFORMANCE DIVIDENDS MONTH NOV-04 OCT 05 NOV 05 Road Calls 0 07 01 Accidents 01 01 Ramp deployments N/A* 696 639 Our on -time performance 94.3% 90.0% 93.8% Customer Complaints N/A* 03 Customer Compliments N/A* 02 *Data not previously tracked. Maintenance: NCT vehicles used 12,218 gallons of low sulfur diesel fuel in November. 0 0 NCT maintenance personnel performed 12 Preventative Maintenance Inspections (PMI's) and made 22 minor repairs consisting of window inserts, mirrors, seats, lights, and batteries. We also made 2 major repairs consisting of fuel and steering pumps, radiator, and AC Condenser to our fleet vehicles in November. lministration & Community Collaboration NCT Trailers and staff were utilized to distribute NCT-MTS-COA information to our passengers at the 24th Street Trolley in advance of the Public Outreach event on November 18th. Trailer and staff were on site approximately 7 days / 70 hours. We were also present on the Nov. 18th event in support of the MTS process. Our Trailer was also present on Sunday, November 6th at Kimball Park for the American Diabetes Assn. Event to distribute Transit and Community information. We had event and Community informational flyers available as "take one's" on all of our Transit vehicles. NCT participates and is a member of many standing Transportation Committees at MTDB and SANDAG such as the Transit Services and Facilities Committee (TSFC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. MTS-COA MTS is in Phase II of their "Comprehensive Operational Analysis" (C.O.A.) which as its goal is to "Evaluate and restructure MTS services and operations to more efficiently serve the region's transit reds and meet operational transportation goals within the constraints of the current fmancial and ..aerating environment." Phase H will focus on achieving long-term financial sustainability through increased ridership, productivity, and operational efficiency. The solid blue lines on each map represent existing NCT Routes: The highlighted areas are proposed MTS-COA routes. Any exi '►g routes as solid blue lines NOT covered by a hi�re,�� ���'ghted area on each map represent SERVICE ETNATIONS. Example: map 601, along Mariposa/Avaftfl ision Street is proposed for service elimination.. T (Plaza Blvd) -" Routes 962N962B syn Combined 15-min Freq The solid blue lines on each map represent existing NCT Routes: The highlighted areas are proposed MTS-COA routes. Any exi g routes as solid blue lines NOT covered by a hid `'bighted area on each map represent SERVICE El yIINATIONS. Example: map 601, along Mariposa/Ava/Ivision Street is proposed for service elimination.. The solid blue lines on each map represent existing NCT Routes: The highlighted areas are proposed MTS-COA routes. Any exi g routes as solid blue lines NOT covered by a hi ighted area on each map represent SERVICE EDMINATIONS. Example: map 601, along Mariposa/Ava ision Street is proposed for service elimination..