Loading...
HomeMy WebLinkAbout2006 01-17 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 — January 17, 2006 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager any matter that you desire the City Council to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council action must be brought back on a subsequent Council Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonosestan disponibles en el pasillo al principio de la junta. 177 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 1/17/06 PAGE 2 PRESENTATION 1. Discussion of City's General Fund Financial Situation — Part 2 (City Manager) INTERVIEWS/APPOINTMENTS 2. Interviews and Appointments: San Diego County Water Authority (City Clerk) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. 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) 4. Resolution authorizing the City Engineer to establish two handicap blue curbs in front of 2529 "D" Avenue. (J. Lerma, TSC Item No. 2005-39). (Engineering) 5. Resolution authorizing the City Engineer to establish a "4 Hour Parking" zone on the south side of 33 Street in front of 132 W. 33rd Street. (R. Wilson, TSC Item No. 2005-38). (Engineering) 6. Resolution of the City of National City approving and authorizing the recordation of an encroachment agreement with Sergio Bartolini for the installation of two groundwater monitoring wells at 1625 Coolidge Avenue in the parkway of the westerly side of Coolidge Avenue. (Engineering) 7. Resolution of the City Council of the City of National City approving Change Order Number Three with California Commercial Pools, Inc. for the removal and replacement of the failed concrete slab sections around the pools in the amount of $64,917 as part of the National City Municipal Swimming Pool Renovation Project and authorizing the City Engineer to execute the Change Order. (Pool project is primarily being funded by a State Parks Grant). (Engineering) COUNCIL AGENDA 1/17/06 PAGE 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project. (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission). (Engineering) 9. Resolution approving 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) (Planning) 10. Resolution denying a Conditional Use Permit for a wireless communication facility on the National City Middle School property at 1701 D Avenue. (Applicant: NEXTEL Communications) (Case File No.: CUP-2005-16). (Planning) 11. Resolution of the City Council of National City approving 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 seven 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-2005-77) (Planning) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Project Application for Federal and State assistance in the amount of $42,200 to replace metal pipe at 1432 Earle Drive. (Fire) 13. Temporary Use Permit — Christiansen Amusements Plaza Bonita Carnival. February 17, 2006 to February 26, 2006 at 3030 Plaza Bonita Road, National City, California, 91950. (Building & Safety) 14. WARRANT REGISTER # 24 (Finance) Ratification of Demands in the amount of $582,454.59. 15. WARRANT REGISTER # 25 (Finance) Ratification of Demands in the amount of $1,911,109.62. COUNCIL AGENDA 1/17/06& PAGE 4 CONSENT CALENDAR (Cont.) 16. WARRANT REGISTER # 26 (Finance) Ratification of Demands in the amount of $1,066,851.18. ORDINANCE FOR ADOPTION 17. 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) PUBLIC HEARINGS 18. Continued Public Hearing — Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 E. 19th Street. (Applicant: CondoConversions.com) (Case File No. S-2005-3/CUP- 2005-4) (Planning) 19. Continued Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 E. 18th Street. (S 2003-06/CUP2003-25) (Planning) 20. Public Hearing — Amendment to Title 18 (Zoning) of the Municipal Code reducing minimum public parking aisle width and parking stall depth requirements. (Applicant: Westfield Corporation, Inc.) (Case File No. A-2004-2) (Planning) 21. Public Hearing to solicit National City residents' views and opinions regarding the housing and community development needs of lower income residents. (Community Development Commission) NEW BUSINESS 22. Resolution amending the "Rules and Regulations for the use of the Martin Luther King, Jr. Community Center," and adopting City Council Policy #800 on the use of the Martin Luther King, Jr. Community Center, Kimball Senior Center, and Casa de Salud, and rescinding Resolution No. 93-119. (Community Services) COUNCIL AGENDA 1/17/06 PAGE 5 NEW BUSINESS (Cont.) 23. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility on Sweetwater Union High School property at 2900 Highland Avenue. (Applicant: Cingular Wireless) (Case. File CUP-2005- 12) (Planning) 24. Notice of Decision — Planning Commission approval of a modification of a Planned Development Permit and finding of no significant environmental effect for the expansion of Plaza Bonita Shopping Center, including the addition of approximately 160,000 square feet of gross leaseable space. (Applicant: Westfield Corporation, Inc.) (Case File No. M4-PD-1997-4 / IS-2005-3) (Planning) 25. Consider request of Cingular Wireless to amend the lease agreement for the lease of a portion of El Toyon Park for cellular antenna facilities. (City Attorney) 26. Update on the Port - Verbal Report. (City Manager) 27. Boundary Reorganization between City of National City and City of Chula Vista, directing staff to negotiate a pre -annexation agreement with the City of Chula Vista to realign the boundary between the two cities as the Sweetwater River Flood Control Channel. (City Manager) 28. Presentation of preliminary feasibility study — consolidation of the Community Development Commission with the administration of the City. (City Attorney) 29. National City Monthly Transit Report — January — 2006 (John P. Webster, Sr., General Manager, National City Transit) 30. National City Progress Report — Alpha Project — November 1, 2005 — December 1, 2005. (Public Works) COUNCIL AGENDA 1/17/06 PAGE 6 NEW BUSINESS (Cont.) STAFF MAYOR AND CITY COUNCIL CLOSED SESSIONS Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One Potential Case Conference with Labor Negotiators — Government Code Section 54957.6 Agency designated representatives: Alfredo Lopez, Ryan Hyland, Roger Post, Kathleen Trees, and Captain Leonard Knight Employee Organization: Municipal Employees' Association Next Regular City Council Meeting — Tuesday — February 7, 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 1/17/06 DISCUSSION OF CITY'S GENERAL FUND FINANCIAL SITUATION - PART 2 (CITY MANAGER) City of National City, California COUNCIL AGENDA STATEMENT January 17, 2006 MEETING DATE AGENDA ITEM NO. 2 "ITEM TITLE INTERVIEWS AND APPOINTMENTS: SAN DIEGO COUNTY WATER AUTHORITY PREPARED BY Michael R. Dalla a� DEPARTMENT EXPLANATION City Clerk EXT. The Mayor has requested that Notice be given inviting applications and interviews for a possible vacancy on the San Diego County Water Authority Board (SDCWA). The position on the SDCWA, currently held by Mayor Inzunza, has been posted and advertised. Any applications that are submitted will be distributed prior to the meeting. Environmental Review Financial Statement None _� N/A MIS Approval Approved By: finance Director Account No. STAFF RECOMMENDATION Interview and/or appoint as the Council deems appropriate BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) Resolution No. None A-200 (Rev. 7/03) ITEM #3 1/17/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — 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 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 17, 2006 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to establish two handicap blue curbs in front of 2529 "D" Avenue (J. Lerma, TSC Item No. 2005-39). 4 PREPARED BY Adam Landa fj(PLANATION DEPARTMENT Engineering EXT. 4394 Mrs. Judith Lerma, from the Emanuel Free Methodist church located at 2529 "D" Avenue, has requested the installation of two handicap parking space in front of the church. Mrs. Lerma stated that she is requesting this because there are members of the church that are disabled. The parking lot is located in the back of the church and these members cannot walk long distances. City Council has adopted a policy which is used to evaluate requests for handicap parking spaces. The City Council Policy does allow for public related buildings to receive on street handicap parking spaces. The Traffic Safety Committee approved the requested handicap spaces at their meeting of December 14, 2005. ( Environmental Review X N/A MIS Approval Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Adopt the Resolution. BOARD / COMMISSION RECO NDATION The Traffic Safety Committee, at its meeting of December 14, 2005, approved the handicap parking spaces in front of 2529 "D" Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2005-39 A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO BLUE CURB HANDICAP PARKING SPACES IN FRONT OF THE PROPERTY LOCATED AT 2529 "D" AVENUE (TSC Item 2005-39) WHEREAS, Judith Lerma, a representative of the Emanuel Free Methodist Church located at 2529 "D" Avenue, has requested that two blue curb handicap parking spaces be installed in front of the church property to accommodate church members who are handicapped; and WHEREAS, at its meeting on December 14, 2005, the Traffic Safety Committee approved the installation of two blue curb handicap parking spaces in front of the property located at 2529 "D" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two blue curb handicap parking spaces in front of the property located at 2529 "D" Avenue. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 14, 2005 ITEM TITLE: REQUEST FOR THE INSTALLATION OF TWO BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 2529 D AVENUE (BY: J. LERMA PHONE 264-27091 PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mrs. Judith Lerma, from the Emanuel Free Methodist church located at 2529 D Avenue, has requested the installation of two handicap parking space in front of the church. Mrs. Lerma stated that she is requesting this because there are members of the church that are disabled. The parking lot is located in the back of the church and these members can not walk long distances. City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy does allow for public related buildings to receive on street handicap parking spaces. STAFF RECOMMENDATION: Staff recommends the installation of two handicap -parking spaces in front of the church located at 2529 D Ave., since it complies with the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2005-39 RECEIVED ENGINEERING DEPT. October 6, 2005 MI5 OCT I 0 A 8: 41 REQUEST FOR 2 HANDICAP PARKING SPACES TO: NATIONAL CITY PLANNING DEPARTMENT As the Delegate of the Emanuel Free Methodist Church, located at 2529 "D" Avenue, Nation City, I respectfully request two Handicap Parking Spaces be assigned in front of the church entrance. Because, the people that live in the apartments next to the church always park their cars in front of the church before services begin. At the present, we have four disabled persons that attend the church and we desperately need these parking spaces for them, since they are unable to walk. I thank you in advance for your assistance in this matter. Should you have any questions please call me at (619) 264-2709 or Jorge Navia (Trustee) at (619) 482-1670. Sincerely, Judith Lerma, Delegate 1 [74_ ,\ „ 'ION MAP MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 17, 2006 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to establish "4 Hour Parking" zone on the south side of 33rd Street in front of 132 W. 33rd Street (R. Wilson, TSC Item No. 2005-38). 5 PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering EXT. 4394 Mr. Rick Wilson, the Manager of National/54 Self -Storage located at 132 W. 33rd Street, has requested the installation of a "4-hour parking" zone in front of the property. In his correspondence he explains that the "trailer park" residents park their vehicles, and the homeless that live out of their vehicle park all day in front of his business, leaving no parking for his customers. Mr. Wilson also stated, that the employees from the Mile of Car, as well as big rigs, park there too. The Traffic Safety Committee approved the "4-hour parking" zone in front of 132 W. 33rd Street at their meeting on December 14, 2005. Environmental Review h N/A MIS Approval Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Adopt the Resolution. I c=- BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of December 14, 2005, approved "4-hour parking" zone in front of 132 W. 33rd Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2005-38 A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A FOUR-HOUR PARKING ZONE ON THE SOUTH SIDE OF 33RD STREET, IN FRONT OF 132 WEST 33RD STREET (TSC Item No. 2005-38) WHEREAS, Rick Wilson, Manager of National/54 Self -Storage located at 132 West 33rd Street, has requested the installation of a four-hour parking zone on the south side of 33rd Street, in front of the property located at 132 West 33rd Street because people living in their vehicles and trailer park residents park their vehicles in front of his business, which leaves no parking for his customers; and WHEREAS, at their December 14, 2005 meeting, the Traffic Safety Committee approved a four-hour parking zone on the south side of 33rd Street, in front of the property located at 132 West 33rd Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a four-hour parking zone on the south side of 33rd Street, in front of the property located at 132 West 33rd Street.. PASSED and ADOPTED this 17th day of January, 2006. 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 DECEMBER 14, 2005 ITEM TITLE: REQUEST FOR THE INSTALLATION OF "4-HOUR PARKING" ZONE IN FRONT OF 132 W. 33RD STREET JBY: R. WILSON) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Rick Wilson, the Manager of National/54 Self -Storage located at 132 W. 33`d St., has requested the installation of a "4-hour Parking" zone in front of the business. In his correspondence, he explains that the "trailer park" residents park their vehicles and the homeless that live out of their vehicle park all day in front of his business leaving no parking for his customers. Mr. Wilson stated also, that the employees from the Mile of Car and big rigs park there too. Staff contacted his office to clarify the time limits in front of his business. After the discussion, it was determent that "4-hour parking" zone would be the solution. STAFF RECOMMENDATION: Staff recommends the installation of "4-hour parking" zone in front of 132 W. 33`d St. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2005-38 7kNafional/S4 S E L F STOR AGE th• Son Oi.go Sall Slorog. company To whom it may concern: 132 West 33`d Street National City, CA 91950 Phone: 619-474-6100 Pax: 619-474-0066 I am writing this letter to request temporary parking curbs infront of our buildings. I spoke with Adam from engineering and stated our problems of having virtually no customer parking or employee parking due to people who live in the trailor park across the street, people who work on the mile of cars, big rigs, etc. I have had to call National City Police a few times to have cars towed that have been left there for days as well. We also have a lot of homeless people who live out of their cars and park infront of one of our buildings, leaving trash on the sidewalk and quite honestly not leaving us with a very good looking image of our business. I also believe having temporary parking would alleviate some of the crime along this street at night such as car brake -ins and car theft, one of which I witnessed and called the police and two more that I'm aware of. Please let me know if there is anything else I need to do to process this request. Thank you for your consideration in this matter. Rick Wilson Manager 619-474-6100 LOCATION VIP City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. iJTEM TITLE Resolution of the City of National City approving and authorizing the recordation of an encroachment agreement with Sergio Bartolini for the installation of 2 groundwater monitoring wells at 1625 Coolidge Avenue in the parkway of the westerly side of Coolidge Avenue. PREPARED BY EXPLANATION Charles Nissley DEPARTMENT See attached Engineering EXT. 4396 ( Environmental Review Financial Statement N/A X N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMM fTION ? N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Encroachment Agreement bartolini A-200 (Rev. 7/03) RE :Resolution of the City of National City approving and authorizing the recordation of an encroachment agreement with Sergio Bartolini for the installation of 2 groundwater monitoring wells at 1625 Coolidge Avenue in the parkway of the westerly side of Coolidge Avenue. EXPLANATON: Sergio Bartolini the owner of the property located at 1625 Coolidge Avenue is seeking an encroachment agreement to install two groundwater monitoring wells within the public right of way in the Westerly side of Coolidge Avenue inside the parkway in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethyl benzene, and Xylenes (BTEX) and Methyl- Tert- Butyl Ether (MTBE) impacted soil and groundwater]. Baja Exploration shall perform the installation, and Compliance Monitoring Services shall perform well monitoring as required by the County of San Diego Department of Environmental Health Site Assessment and Mitigation Division. The proposed monitoring wells will be constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth not to exceed 30 feet, completed with a flush mounted 12" diameter, traffic rated, steel well cover set in concrete. A Faithful Performance Bond in the amount of $2000.00 has been posted with the City Of National City, as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent traffic loop repairs, street resurfacing, restriping and any required well head adjustment. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH SERGIO BARTOLINI FOR THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 1625 COOLIDGE AVENUE, IN THE PARKWAY OF THE WESTERLY SIDE OF COOLIDGE AVENUE WHEREAS, Sergio Bartolini, the owner of the property located at 1625 Coolidge Avenue, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way at 1625 Coolidge Avenue, in the parkway of the westerly side of Coolidge Avenue, in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Sergio Bartolini, and directs the City Clerk to record the same. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney .4, 1,3zo, DO MONITORING WELL FEE: P60.00 ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, ' o trfa/,n j aye' . — (hereinafter referred to as "PERMIfIIE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMI!TEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITi") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMI I EE'S encroachment are described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1 • This permit and agreement is made for the direct benefit of Permittee and Permittee's property above described, and the covenants herein contained, shall be binding on the PERMITTEE and the assigns and successors of PERMITTEE. This encroachment permit is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts and agrees to. Permittee also acknowledges that those terms and conditions include, witho , IiilitAtiQn, the city's right to require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at permittee's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this encroachment permit, the maintenance of the encroachment, and the PERIv1ITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the City shall be entitled to its attorney's fees and costs of enforcement. A copy of this encroachment agreement may be recorded against the permittee's real property that may be benefited by the installation and maintenance of the encroachment. 2. The encroachment shall be maintained in a safe and sanitary all times at the sole cost, risk and responsibility of PERMITTEE and all successors i1 interest, so long as the encroachment exists. r 3. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by PERMITTEE at the permittee's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at Permittee's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the Permittee. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. PERMITTEE shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Permittee's entry upon and use of City's easement or right-of-way for the installation, maintenance, removal and use of the permittee's encroachment.. 6. PERMITTEE shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should permittee fail to do so, City may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this agreement and require removal of the encroachment. 7. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits, for notification to Underground Service Alert, when applicable, and for the safe installation and maintenance of the encroachment at all times. 8. This encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the City and accepted and acknowledged by the Permittee, and, if determined necessary by the City, recorded. 9. PERMITTEE shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well on/awngrte, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. Cool ioe/ , �1)4 10. PERMITTEE shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of PERMII"1'bE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 11. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 12. PERMITTEE shall apply to the CITY Engin er of CITY for a construction permit, prior to the installation of the well on /fj n 4r e4... and for subsequent adjustments. Cuo O AAA 13. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 14. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 15. PERMITTEE shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 16. The PERMITTEE, shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PERMITTEE's operations. 17. The PERMITTEE shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 18. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMI F1'1 E shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 19. PERMITTEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 20. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 21. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 22. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: /E/b, ?Lobes C/;,tfG44S'341 Person in Responsible Charge (Print Name) (t(/ .7‘ 5 7L1 24 hr. Phone Number Cerny) 1. d dnHty- /+2•u1 PERMITTEE/APPLICANT Printed Name & Signature B4114114- 3 b j .-e Peva. LOAA, ) 924,2-4- Mailing Address (Zig) Z=J-r- 92?-4 Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:iha2 encho 5 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF S P/ ( O On Mu rine9 j,,005 before me, .P41 //tE 666-14/ SClf personally appeared S)?26i0 Birlerothvi. personally known to me (or proved to me on the basis of satisfactory evidence) to be the personjsi whose namedis/are subscribed to the within instrument and acknowledged to me that he/sae%tl*er executed the same in hisTer their authorized capacityfiesh and that by his/fief-At :if. signatureWon the instrument the person 2(or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notarial seall AANICE GOSEWISCH ::+ �F- COMM. #1359315 C) V ..'—'iv,"':•_ NOTARY PUBLIC-CALIFORNIA h '; SAN DIEGO COUNTY ti \ ip My Commission Expires �.I 11'0 JUNE 3, 2006 4/14 R4e.f04m /1111 C) PROPOSED OFF SITE MONITORING WELL LOCATIONS - SEE FIGURE 2 FOR PMW-4 AND PMW-6 LOCATIONS IN LAWN AREA NORTH COMPLIANCE MONITORING SERVICES FIGURE 1- SITE LOCATION MAP FORMER W & 0 SUPPLY 1625 COOLIDGE AVENUE NATIONAL CITY, CALIFORNIA 1 7 PMW-4 (30') COOUDGE AVENUE PMW-6 (30') 1 • 1 • • I • • 1 • • I 1 • RESIDENTIAL ® -3 1 • 1 • • 1 • • • 4 I • 1 1 CALIFORNIA AIR COMPRESSOR INDUSTRIAL El MW-2 EXPLANATION EXISTING MONITORING WELL WITH IDENTIFICATION AND DEPTH BELOW GROUND SURFACE REPORTED LOCATION OF FORMER UNDERGROUND STORAGE TANKS REMOVED IN 1984 PROPOSED SOIL BORING/MONITORING WELL PMW-4 („ LOCATIONS WITH IDENTIFICATION AND DEPTH BELOW GROUND SURFACE COMPLIANCE MONITORING SERVICES WEST 17TH STREET NORTH 0 40 80 APPROXIMATE SCALE IN FEET FIGURE 2 - SITE MAP FORMER W & 0 SUPPLY 1625 COOLIDGE AVENUE NATIONAL CITY, CALIFORNIA 13> QUESTIONS 1) What is the time of completion of drilling and well construction? 2) What i the time required to� ins al each well? ng ss yiupta 3) How long th wellastreet? Alti'r iv-fi ii► .t*4 74-v arQ. j f vt . kuvri of f 4e 5'/" t, 2 y tor'-r . 4) How long �willl the abando nt of the we�lAs be? (time fame) 5) How 0 en�)(s z "the Z n 2 Asampling `ofathe el sl 3 6) How long �1oes . take to n Q� , purge ands ple each 7) Who will xbe re eibble�fo removing"the wells from the public right-of-way, and restoring the street? . 8) Who will a res // ILA- re490mf. b/�2.7"or t-2tTt4-.4&,Jb rfzgrifol /Amu, pp responsible for top of well head adjustment? efr4,L, 7 Front Maass Thornburg At Henry S. Amcld 8 Company FaxID: To: Sergio Date: 11/14/2005 01:14 PM Page: 2 of 2 COR . CERTIFICATE OF LIABILITY INSURANCE imocuom massy Arnold Insurance & Maus haddocks lic *0593611 3444 Camino del Rio No., *201 510 Diego CA 92108 Y�yone:619-282-6849 Pax:619-282-2450 IMMURE • io Bartoini 46• 5QDee C7P►ath Trust Luca OP10 DATE IM m BARTO-1 11/14/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # I SURER& Allied Group !NEUTER B: INSURER C: INSURER D: INSLRFR E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT MAY PERTAIN, TIE INSURANCE AFFORDED BY 11E POLICIES potlCES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN ISSUED TO IFE INSURED NAMED ABOVE FOR RE POLICY PERIOD INDICATED. NOTWITHSTANDING TO WHICH THIS CERTIFICAIE MAY BE ISSUED CR TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH OR OTHER DOCUMENT WITH RESPECT DESCRIBED HEREIN IS SUBJECT REDUCED BY PAID CLAIMS. IT TYPE OF INSURANCE POLIO( NUMBER DATE Pou(MAWDDIYY) clivtPgrmA __ DATE e(Me11DO/r1') LOADS L711 A N ceNERULIABLITY cOMMERDAAL GENERAL LIABILITY ACP7801635670 08/27/04 EACH OCCURRENCE $1,000,000 08/27/05 LMVAWaE rD RENI"' $100 , 000 X X pREMssEs (Ea ocgrence) wo P( mom Person) 45,000 I CLAIMS MADE X OCnR PERSONAL a ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000 ,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY n n LOC X I AUTOMOBLE IANY LIABILITY AUTO ALL OWNED AUTOS SC}#DOLED AUTOS HIRED AUTOS NONL�OVVNED AUTOS COMBINED SINGLE LIMIT (ES accident) $ BODILY INJURY (Per Person) BODILY INJURY (Per eosin/NI) $ PROPERTY DAMAGE (Per and/Jeri) $ GARAGE LIABLm ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA UABILm I OCCUR I 1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ OIFF $ WORKERS EMPLOYERS' ANY OFFICERANEMBER II yes. SPECIAL PROPRIETOR/PARTNER/EXECUTIVE describe COMPENSATION AND LIABILITY EXCLUDED? udder PROVISIONS below WC SIAILF TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE i EL. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION Certificate *10 OF OPERATIONS I LOCATIONS L VEHICLES holder is named day notice of cancellation I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Additional Insured, per PB AI 02 (1001). for non-payment of premium. CERTIFICATE HOLDER CITYOFN City of National City and Its Officers, Agents & Employees 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR RERRE T ACORD 25 (2001/08) O ACORD CORPORATION 1988 Nov ee u5 12:u1p [:MS GARY W. ERBECK DIRECTOR March 22, 2005 Mr. Sergio Bartolini 465 Deer Path Leucadia, CA 92024 I f L County trf $a DEPARTMENT OF ENVIRONM LAND AND WATER QUA P.O. BOX 129201, SAN DIEGO, 819-939.22221FAX 919-339.2315 www.sdcountyca,pov Dear Mr. Bartolini: UNAUTHORIZED RELEASE #H18227-001 WORKPLAN APPROVAL FORMER W & 0 SUPPLY 1625 AND 1635 COOLIDGE AVE., NATIONAL CITY, C This letter has been prepared in accordance with the Underground Storage Tank Regulations), Division 3, C purpose SanDiego, pnty ofSite Responsible to notify the Ass smen nd CoMitigation P The Workplan to install four additional groundwater-m 619-276-5442 plegn NTAL_ HEALTH DIVISION A 92112.9201 1.000-253-9933 Wlwq p.2 RICHARD NAAS ASSISTANT DIRECTOR equirements set forth in Title 23 (State apter 16, Article 11, Section 2722. The e status of the Workplan received by the ogram (SAM), on March 1, 2005. onng wells, and dated February 25, 2005, prepared by Compliance Monitoring, has been approved pproved with the following changes or conditions: • The maximum screen interval length for a gr • Please notify me prior to startup of work so a This approval is valid for 6 months from the date of this le may be required for corrective action cost reimbursement and Safety Code, Division 20, Chapter 6.75, Article 6). The need for further site characterization and mitigati evaluation of the written report. If you have any question Sincerely, LAURIE APECECHEA, Project Manager Site Assessment and Mitigation Program LA:kd cc: Clint Williams, Compliance Monitoring Services undwater-monitoring well is 15 feet. ite visit may be arranged. er. Keep this letter for your records as it nderSenete Bill 2004 (California Health n actions wilt be determined following please call me at (619) 338-2457. W PIH 18227.00 1-305WPA "Environmental and public health through leadershi. partnership and science" /1` Nov 22 05 12:01p CMS 619-276-5442 P • 3 BOREHOLE ABANDONMENT (TYPICAL) GROUND SURFACE CONCRETE OR - ASPHALTIC CONCRETE z a a_ a w w J U CEMENT/BENTONITE GROUT OR BENTONITE CHIPS WATER LEVEL SYMBOLS 1 STATIC GROUNDWATER LEVEL tifONITORING WELL CONSTRUCTION (TYPICAL) 3-FOOT MINIMUM 2-FOOT MINIMUM 5-FOOT MINIMUM 1 NOT TO SCALE TRAFFIC -RATED SECURITY VAULT LOCKING WELL CAP CONCRETE CEMENT/BENTONITE GROUT UNSLOTTED CASING HYDRATED BENTONITE SEAL • I ' • SAND PACK SLOTTED CASING BOTTOM CAP • (gitAX) WELL CONSTRUCTION DIAGRAM ANC) BOREHOLE ABANDONMENT 1g CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 32 / 69 11/22/2005 09:55:53 Reg CASH2 Validation Receipt CHARGES- 001-21000-3147 EPF MISCELLANEOUS PERM$ 726-1141 726114 ENG/PW TA DEPOSITS$ 320.00 4000.00 Sub -total $*******4320.00 PAYMENT - Check - libra holdings 11$ Check - libra holdings II$ Check - compliance monito$ 2000.00 2000.00 320.00 Change $**********0.00 THANK YOU! Business Hours: 7:30 - 5:'i a :lay Through Friday Closed Alt: Fridays • sptipi t,oiS oDunuld O n X x C u N � �' ►+ - A ~ . r G.i Q 4, !g_J O f.� r W r Ig3 O O r t'3 O ACCOUNT I Statement of Understanc'inc I Street Imorovement Oecosit 3 al 4* Performance Cash Deoosit g‘ ; ,2 ff q It Miscellaneous Permits & Aooeols k 9 a OeSCRIPnGN o co nnn v zzzzzR >>»> • a °If ill b 13000-3999-; ZZZZZ,. >> 3. >Y>.:.,.... :ewoN palmist utAod uosaed Jo ssewsnq io ewoN :ewoN;lois Bupeeut5u3 INMAIDIVC3C1 VNIE=3NIJN3 WOW lb'111WSN` i1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. /JTEM TITLE Resolution of the City Council of National City approving Change Order Number three with California Commercial Pools, Inc. for the removal and replacement of the failed concrete slab sections around the pools in the amount of $64,917 as part of the National City Municipal Swimming Pool Renovation Project and authorizing the City Engineer to execute the Change Order (Pool project is primarily being funded by State Parks Grant) Din Daneshfar Engineering 4387 PREPARED BY DEPARTMENT EXT. EXPLANATION See attached explanation. CEnvironmental Review Financial Statement Change Order is for $64,917. The funds are available in the following accounts: 303-409-500-598-4097. N/A MIS Approval Approved By: Finance % - tor Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Change Order Number Three Resolution No. A-200 (Rev. 7/03) RE: Resolution of the City Council of National City approving Change Order Number three with California Commercial Pools, Inc. for the removal and replacement of the failed concrete slab sections around the pools in the amount of $64,917 as part of the National City Municipal Swimming Pool Renovation Project and authorizing the City Engineer to execute the Change Order (Pool project is primarily being funded by State Parks Grant) We had identified a real need to do some additional concrete work at the swimming pool. The concrete work was associated with poor drainage and cracking. Most of the additional work was concrete that was just cracked and spelling as it more than 40 years old. Some of the additional work was because of the way things had shifted since the concrete shown on the plans to be removed and replaced had been removed - there was nothing holding the pieces of concrete we were trying save in place and existing small cracks had opened turning into large cracks. In other locations the surveying simple didn't show some settled low spots. The grid pattern spot elevations taken during the design just didn't hit the low spots and the design appeared to work. (This is common that you catch a few things like this when construction begins) We marked all the locations in the field, measured them, and asked for a proposal from the contractor. The cost was approximately $65,000. These funds were budgeted in the contingency reserve for the project, but they were General Funds. Nevertheless since we already started on this project, we need to stay the course and do what's right. We could justify not putting in the slide right now as that would be considered an upgrade, but we thought that project should include this concrete work. We could do significantly more concrete, but had attempted to stay frugal, and left concrete in places that could be considered a future phase of work. Even with this work we have a fairly significant budget balance to return to the general fund at the conclusion of the project. The proposed change order will remove and replace approximately 4450 square feet of the existing concrete deck with major cracks. The complete removal and replacement of the concrete slab around the pools were included as an alternative bid ($261,000) in the original contract which could not be awarded to the contractor due to the limited available budget. This work will be completed in accordance with the contract specifications included in the project. This change order will also provide a thicker concrete slab under the future small (activity) pool slide. The area under the future slide is currently exposed and it is cost effective to install the concrete at this time. The work will be performed in accordance with the manufacturer's specifications. See attached contract change request (proposed costs and schedules) dated Novefnber 28, 2005 aloft§ withthe STAtificatiOns. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 3 WITH CALIFORNIA COMMERCIAL POOLS, INC. FOR THE REMOVAL AND REPLACEMENT OF THE FAILED CONCRETE SLAB SECTIONS AROUND THE POOLS IN THE AMOUNT OF $64,917 AS PART OF THE NATIONAL CITY MUNICIPAL SWIMMING POOL RENOVATION PROJECT WHEREAS, the contract for the Renovation Improvement of the National City Municipal Swimming Pool was awarded to California Commercial Pools on May 17, 2005, by the adoption of Resolution No. 2005-99; and WHEREAS, on November 1, 2005, the City Council adopted Resolution No. 2005-235 approving Change Order No. 2, in the amount of $28,720, for the removal and replacement of existing electrical conduits, wires and concrete slab sections; and WHEREAS, during construction it was identified that it is necessary to remove and replace an additional 4,450 square feet of the existing concrete slabs. 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. 3 with California Commercial Pool in the amount of $64,917 for the removal and replacement of an additional 4,450 square feet of the existing .concrete slabs as part of the National City Municipal Swimming Pool Renovation Project. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CHANdE ORDER CIO Number 3 To (Contractor): California C/O Initiation Date: November 21, 2005 Commercial Pools, Project: Municipal Swimming Pool Renovation Inc. Project Specification No.: 04-13 A Change Order is hereby recommended for the folloWing Work in the amount identified in this document: DESCRIPTION OF CHANGE: - This change order is to remove and replace the existing concrete decks with major cracks around the main and activity pools, and to maintain the proper grades. This work will also include the installation of a thicker concrete slab under the future slide on the activity pool. The work will be marked by the City inspector in the field and performed in accordance with the project specifications. See attached contract change request (proposed costs and schedules) dated November 28, 2005. The quantity may vary due to the actual work done in the field. COST RECONCILATION: Costs were reviewed by the Architect and City Project Manager and negotiated with the Contractor. Construction Contract Accountin¢ Summary: The original Contract Amount $ 991,000.00 The original Contract Amount (Alternative I) $ 435,000.00 Net change by previously authorized Change Orders $ 64,720.00 The Contract Amount prior to this Change Orders $1,490,720.00 With the Change Order request the Contract cost is increased by $ 64,917.00 New Contract Amount $1,555,637.00 Change in Contract Time: Contract Completion Date: Recommended for Approval by: ITY PROJECT MAN ER PROJEC Approved by: 12 Working Days January 20, 2006 /2/s-/3-- DATE T/JONES&MADHAVAN DATE CON OR/CALIFORNIA COMMERCIAL DA E POOLS. C. CITY OF NATIONAL CITY DATE CC: Construction File Inspector iw.A•r' ru6a.o Equipment Material Labor '+If' 7,/�MiR RV `L a.r,/ Remove and Replace 4450 Square Feet of Deck Concrete Description Quantity Unit Unit Cott Total Sawcutter 400 LP $ 1.25 $ 500.00 Air Compressor 7 DAY $ 300.00 $ 2,100.00 Jack Hammer 7 DAY $ 100.00 $ 700.00 Breaker Machine 4 DAY $ 425.00 $ 1,700.00 Skid Steer Loader 14 DAY $ 280.00 $ 3,920.00 End Dump 6 " DAY $ 950.00 $ 5,700.00 Compactor 6 DAY $ 150.00 $ 900.00 Reinforcement Cutler 6 DAY $ 75.00 $ 450.00 Concrete Pump 2 DAY $ 1,950.00 $ 3.900.00 Subtotal $ 19,870.00 Description Quantity Unit Unit Cost Total Dump Fees 10 EA $ 350.00 $ 3,500.00 Reinforcement 4 TON $ 965.00 $ 3,860.00 Concrete 91 CY $ 125.00 $ 11 75.00 Subtotal $ 18,.00 Description Quantity Unit Unit Cast Total Journey Man Labor (Foreman) 48 EA $ 35.58 $ 1,707.84 Journey Man Labor(Laborer) 48 HR $ 33.58 $ 1,611.84 Apprentice Laborer 48 HR $ 17.15 $ 823.20 Journey Man Reinforcement Installer 60 HR $ 41.50 $ 2,490.00 Journey Man Concrete Mason 40 HR $ 49.50 $ 1,980.00 Concrete Finisher 72 HR $ 48.50 $ 3,492.00 Operator 60 HR $ 46.27 $ 2,776.20 Esfirmtor/Project Manager 2 HR $ 75.00 $ 150.00 Subtotal $ 15,031.08 Subtotal Equipment, Material, Labor $ 53,636.08 Commercial General Liability Insurance 15.00% $ 2,254.66 Subtotal $ 55,890.74 Subcontractor Overhead and Profit Contractor Overhead and Profit Bonds and Insurance 0.00% $ Subtotal $ 55,890.74 15.00% $ 8,383.61 Subtotal $ 64,274.35 1.00% $ 642.74 TOTAL $ 64,917.10 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 17, 2006 8 AGENDA ITEM NO. f ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission.) PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT Engineering See attached explanation. EXT. -.l 387 ( Environmental Review X N/A MIS Approval Financial Statement The amount for the contract is $442,846. proved By: Finance Director Funding is available through Community Development Center (CDC) Department. The expenditures toward ,each of the three projects will be as follows: Sidewalk and Streetlighting ($252,422), and Median and Landscape IG03 ($141,711), and Fountain Plaza -Promenade Improvements ($48,715).c2 Atr, Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution A-200 (Rev. 7/03) 2. Three original copies of the Contract Agreement 3. Firm's Biography RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS, INC., IN THE AMOUNT OF $442,846 TO PROVIDE DESIGN AND CONSTRUCTION SERVICES FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND FOUNTAIN PLAZA PROMENADE IMPROVEMENTS PROJECT WHEREAS, the City desires to employ a contractor to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project; and WHEREAS, the City has determined that Project Design Consultants, Inc., is a professional engineering/architectural firm, and is qualified by experience and ability to perform such services desired by the City, and Project Design Consultants, Inc., is willing to perform such services at the cost of $442,846. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the amount of $442,846 with Project Design Consultants, Inc., to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission.) Background National City Boulevard is considered to be the most prominent north -south thoroughfare within the Downtown/Civic Center area of the City of National City. According to the findings of the Downtown Specific Plan, the proposed street improvements on National City Boulevard and cross streets will provide a more appealing walkable neighborhood for the community and have a significant impact on the visual quality of the street and adjacent businesses. The recommended improvements are to install landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and Division Streets. In addition, the improvements will include the sidewalk area rehabilitation of an area on National City Boulevard between 12th and 7th Streets. The work will include coordinated design of public right of way improvements such as lighting, street furniture, sidewalk, driveway, curb and gutter, traffic signs, irrigation, signage, and plant material which will provide a visual orientation framework for Downtown visitors. The project will also include a Fountain Plaza Promenade improvement which will be installed on 9th Street between A Avenue and National City Boulevard. The Fountain Plaza is conceived to be a public space that is a major crossroad in Downtown for residents, and students from the Education Village and visitors. In order to provide the financial support for the project and to perform the recommended improvements the City submitted grant applications for the project through the San Diego Association of Government's (SANDAG's) Pilot Smart Growth Incentive program. The City received the requested grant funds in support of the City's proposed work. The grant funds constitute approximately half of the total construction cost. The remaining construction cost will be local funds provided by the Community Development Commission. The design work will be entirely CDC funded. Engineering/Architectural Design On October 10, 2005, the Engineering Department requested Statements of Qualification for professional engineering/architectural services to design the recommended improvements on National City Boulevard and for the Fountain Plaza Promenade. 1 On November 7, 2005, the City received eight statements of Qualification from the following firms: Boyle Engineering DeLorenzo Incorporated Masson & Associates, Inc. Nasland Engineering Project Design Consultant Schmidt Design Group, Inc. Van Dyke San Diego, CA 92111 San Diego, CA 92101 Escondido, CA 92025 San Diego, CA 92111 San Diego, CA 92101 San Diego, CA 92103 San Diego, CA 92103 A selection panel was formed to review the submittals. The panel members consisted of Steve Kirkpatrick (City Engineer), Ben Martinez (CDC Director) Mary Jo Wilson (Principal Planner), Maryza Seal (Management Analysis II), and Din Daneshfar (Associate Civil Engineer). On November 17, 2005, after the review of the submittals the selection panel met and selected four candidates for interview. The four firms were Nasland Engineering, Project Design Consultant, Schmidt Design Group, Inc., and Van Dyke. The candidates were interviewed and Project Design Consultant was selected to advance to the next step. The scope of work, project schedule, and fees were negotiated with the selected firm. Financial Currently, the grant funds available for the project are $2,000,000 through the Pilot Smart Growth Incentive Program. The total amount as matching funds budgeted by the Community Development Commission for the project is $2,258,000. The total cost for the entire project is estimated at $4,258,000. The design is funded by the Community Development Commission. Staff Recommendation Staff's recommendation is to adopt the resolution authorizing the Mayor to execute the contract between the City and Project Design Consultants. Attachments Details of the scope of work for the work, cost estimates, and schedules for this agreement are included in the attached Exhibits "A", "B", and "C". A biography of the firm is attached as Exhibit "D". 2 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT ENGINEERING CONSULTANTS THIS AGREEMENT is entered into this 17th day of January, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Design Consutant, a California Professional Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the Engineering and Architectural Design Services for the National Streetscape anfd Fountain Plaza Promenade Improvements Project. WHEREAS, the CITY has determined that the CONTRACTOR is a is a Professional Engineering/Architectural firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised April 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Mr. Gordon Lutes thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the 2 Revised April 2005 CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current 3 Revised April 2005 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. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised April 2005 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 (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of .confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 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: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been compliedwith, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. ment. 6 Revised April 2005 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised April 2005 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Gordon Lutes Senior Vice President Project Design Consultants 701 B Street, Suite 800 San Duego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONTRACTOR has a financial interest 8 Revised April 2005 as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services Exhibit B — Fee Schedule Exhibit C — Project Schedule Exhibit D — Firm's Biography 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 9 Revised April 2005 agreement, representation, or promise made by either party hereto, or by 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Project Design Cosultants (Corporation - signatures of two corporate officers) By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attorney By: (Title) (Name) /"2.4 ✓CiPr¢e-- (Title) 10 Revised April 2005 National. City Boulevard Streetscape, Median, and Plaza Promenade Improvements EXHIBIT A SCOPE OF WORK TASK 1.0 SURVEY AND MAPPING Overview: Accurate and current survey and aerial topographic base mapping will be required to provide a sound basis for the design and construction documents. In addition, this task will establish the relevant project property lines, easements and encumbrances. The purpose of this task is to establish survey datums, conduct site and aerial GPS control surveys, prepare aerial topographic mapping, digital color orthophoto mapping and map street right-of-way, utility and feature location/mapping. Deliverables: The deliverables associated with this task are as follows: • Control survey map and coordinate/elevation values; • Nine by nine inch prints of black and white aerial photography; • Color aerial orthophoto of project area; • One -foot contour interval digital aerial topographic mapping in Autocad format; • Digital Terrain Model at one -foot contour interval accuracy in Autocad format; • Hardcopy plot and digital CAD file of the plotted right-of-way in Autocad format; and • Digital coordinate and elevation data of field supplemental topographic surveys and hardcopy plots of locations in Autocad format. Assumptions: This task assumes that survey and mapping services will not be required for the acquisition of right-of-way or easements. Subtask 1.1 Control Surveys Static GPS survey method will NAD 83, Zone 6, NGS HPGN and appropriate vertical datum will be surveyed by GPS Rapid be used to transfer California Coordinate System or City of National City GPS control monuments to project control monuments. HN control panels Static and RTK methods to the project control. 1 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 1.2 Aerial Photogrammetry Color aerial photography will be collected with a RC30 calibrated camera with Forward Motion Compensation. Photography for topographic mapping will be collected for one -foot contour interval mapping. Conventional aerotriangulation will be utilized to transfer minimal ground control panels to control each stereo model with four pug points. A single bundle block adjustment will be conducted to balance error with a report produced to quantify the quality of the control and adjustment. Breaklines, mass points, digital terrain model, contours and topographic features will be mapped by a 1st order IMA analytical stereo plotter with super -imposition of the CAD image over the stereo model projection or on a Datum Summit color softcopy system. Subtask 1.3 Right -of -Way Plotting Record survey maps will be researched at the County Recorder's Office. A sufficient number of record monuments of the property boundary will be searched for and surveyed into the project coordinate system with GPS Rapid Static and RTK methods or conventional total station methods. The purpose of this sub - task is to provide AutoCad line work sufficient for project design. Subtask 1.4 Design Topographic Survey These surveys would be performed with RTK GPS or conventional total station equipment. These surveys would supplement the aerial topographic survey when greater accuracy or detail is required. These surveys include surface street cross sections at the minimum of 50' intervals along National City Boulevard from 12th Street to 9th Street. Also included is supplemental survey data within the plaza area of 9th Street. All data will be collected electronically and downloaded to CAD files electronically for evaluation of the design engineers. Subtask 1.5 Easement and Property -Related Document Preparation Documents could include utility easements, temporary construction easements, construction access easements, right -of -entry permits, Caltrans encroachment permits, State Lands Commission easement, and numerous other related documents. Licensed land surveyors will prepare these documents. No document is anticipated, but this task includes the preparation of one (1) property exhibit. TASK 2.0 DATA COLLECTION Overview: 2 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements The purpose of the data collection task is to perform the necessary research, collection, and organization of data to support the design process for the entire project. Deliverables: The deliverables associated with this task are as follows: • Base map in AutoCAD format; and • Cost model in Excel format Assumptions: The following assumptions have been made for this project: • City staff will provide PDC with as -built and survey record information; and • City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City for use in developing the cost model. Subtask 2.1 As -Built Record Research This task includes coordinating with city staff to determine the appropriate record information needed for this project. The City of National City staff will research and provide PDC with appropriate as -built improvement and survey record information for all areas within the project limits. As -built records provided to PDC should include existing public street improvements, traffic signals, street lights, storm drain systems, sewer systems, water systems, irrigation systems, record survey maps and all other available information requested by PDC. Subtask 2.2 Franchise Utility Record Research PDC will contact the franchise utility companies and request copies of their record utility maps within the project limits. This information will be used by the design team to coordinate proposed improvements with the franchise utility companies and their respective facilities. Subtask 2.3 Site Research The purpose of this task is to identify existing site conditions that will impact the work to be done and to field verify as -built record information. A visual survey of the site will be conducted by the design team to identify existing improvements, equipment, materials, plantings, and furnishings that will remain, be removed, and/or be replaced. A photo log of the existing site improvements will be created and used for reference by the design team. Subtask 2.4 Base Map The survey, mapping, and existing record information will be consolidated into a master AutoCAD file for creation of the base map. The base map will be utilized 3 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements by the Design Team for preparation of construction plans and exhibits as well as to assist in the planning/coordination of meetings. Subtask 2.5 Review Existing Plans And Reports PDC will review and become familiar with the National City Specific Plan and other environmental documents previously prepared that encompass the project area. Subtask 2.6 Develop Cost Model City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City. This task includes research performed by PDC to collect cost data from projects of similar scope and location, material suppliers, manufacturers, and cost books to supplement the unit cost data provided by City staff. The cost data will be developed into a cost model for the project. The cost model will be used as the basis for preparing cost estimates during the master planning and final engineering phases of the project. TASK 3.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT Overview: The proposed study consists of the following tasks: • Task 1 - Records Review • Task 2 - Onsite Observational Reconnaissance • Task 3 - Interviews • Task 4 - Report Preparation The "site" for this scope of work will be limited to the portion of National City Boulevard between 1st Street and Division Street directly adjacent to the existing gas station. Work will be performed in general accordance with ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process - E 1527-00". Details of the tasks outlined in the subsections. Assumptions: The proposed study does not include the following: • Water sampling and analyses; • Consideration of possible future contamination of the site from adjacent or surrounding facilities or properties; and • Physical sampling and testing of soils, asphalt, concrete, and/or other materials. 4 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 3.1 Records Review • Review of selected government documents for record of potential hazardous materials/waste contamination at the site and in the immediate vicinity of the site. • Review of selected historical aerial photographs for general site use information. • Review of readily available published local geology and a current USGS 7.5 Minute Topographic Map and literature to determine geologic setting and types of geologic formations beneath the site. • Review of readily available published local and regional hydrogeology maps and literature for depths to ground water, general quality of ground water, direction of ground water flow, and water -bearing lithologies. • Review of existing geotechnical and environmental reports, provided by National City, for mention of environmental conditions onsite. • Review of the following reasonably available historical sources of information which shows the subject site dating back to 1940: aerial photographs, fire insurance maps, property tax files, recorded land title records, USGS 7.5 Minute Topographic Maps, local street directories, building department records, zoning/land use records. • Contact appropriate local (fire department, planning and building permit departments, utility), county (County Department of Environmental Health, Regional Water Quality Control Board, Air District), and state agencies who may have information regarding the occurrence of hazardous materials/waste at the site, including registered underground storage tanks, landfills, contaminated sites, records of emergency release reports, contaminated public wells. Subtask 3.2 Site Reconnaissance • Perform an onsite observational reconnaissance for visual indications of environmental conditions. This includes observations of the current conditions of the site and adjacent properties for drum storage and chemicals, discolored ground surfaces or corrosion, underground storage tanks, drains or sumps/clarifiers, electrical transformers, areas of solid waste disposal, transformers, monitoring wells, septic systems, stressed vegetation, etc. • Land use of immediately adjacent properties will also be identified for signs of a potential environmental impact on the subject site, including USTs and ASTs, manufacturing activities, landfills, etc. • Photograph current site conditions. Subtask 3.3 Interviews • Interview selected present employees (if they are available and cooperative) for additional information about past and present site usage. • Interviews with local government officials (Fire Department, and Health Agency) for information regarding hazardous waste disposal or other environmental issues dealing with the site. 5 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 3.4 Report Preparation • A report summarizing our findings, conclusions, and recommendations will be prepared and submitted to you. TASK 4.0 MASTER PLAN Overview: The purpose of the master planning process is to develop a site design that collectively utilizes the design elements to meet the requirements of the project and implements the Downtown Specific Plan in the most functional and aesthetically pleasing manner. The intent of the Master Plan is summarized by quoting National City's Mayor: "that development in Downtown National City will exemplify superior architecture and the best of urban design". The Master Plan will blend the community's ideas to create a truly unique, memorable place. There are three distinct areas that compose the project: 1.) The streetscape on National City Boulevard from 12th Street to 7th Street, 2.) The medians on National City Boulevard from 7th Street to the north City limits, and the plaza area on 9th Street between alley west of A Street and National City Boulevard. Deliverables: The deliverables associated with this task are as follows: • Opportunities and Constraints Plan — The aerial photographic map as the base with analysis information as an overlay. • Program — Key elements of the project and a description of the elements. • Conceptual Alternative — One alternative presented to the Community for streetscape and median improvements on National City Blvd. • Public Art Concept — Up to two (2) altemative for fountain / plaza area • Public Participation Documentation — Meeting Minutes • Master Plan — The approved Master Plan rendered and mounted for presentation purposes. • Estimate of Probable Cost — Cost estimates would be developed at the programming phase, the conceptual alternatives phase and for the final master plan. • Two Public Workshops Subtask 4.1 Program Development Site research and analysis is a critical preliminary step to program development. This subtask would include review of all existing conditions information, existing roadway improvement plans, pertinent National City planning documents This step provides the designer with pertinent site information in order to evaluate and determine the site's character, problems and potential. This task 6 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements will generate an Opportunities and Constraints Plan, which would inventory and summarize the research and analysis subtasks. Program development consists of developing a list or outline of all the elements and requirements the design solution must include and satisfy. The program serves two purposes: it acts as a summary and synthesis of the site inventory and analysis as well as the client/public input. The program functions as a checklist with which to compare the design elements as the design team goes through the master -planning process. The approved program is a written reminder of what should be included in the proposed streetscape. Subtask 4.2 Master Planning Master Planning subtask 2.2 through subtask 2.7 will consist of two workshops that will address all aspects of the project. These concentrated sessions will occur within weeks of one another. The Concept Altemative Workshop will present the Opportunities and Constraints Plan, pertinent case studies of similar projects, the Program and a discussion of plaza public art. Meeting minutes will be generated to document the programming decisions. The design for Public Art will begin with a review of available resource material including demographic and historical data as well as pertinent existing maps, plans and drawings of the project site. The public artist together with PDC will discuss public art with the community to understand first hand, their concerns as well as historic and environmental issues that may be associated with the project. The public artist will also meet with appropriate City staff to review operational concerns such as maintenance and safety and use this information as a guide to design. The public artist will work closely with PDC to develop integral public art components. The master planning team will obtain detailed information at the workshop to determine the community's needs and desires. This information will be transformed into site -related streetscape improvements. Some user groups may have needs and desires that cannot be fulfilled by this project. This type of information will be documented and conveyed to the community. The public input phase is critical to the success of the project, since this is when the community begins to take ownership of the project. Subtask 4.3 Planning Analysis This subtask would review the consolidated information generated during discussions with the City as well as the site inventory and analysis of information. A functional diagram would be developed showing the most appropriate relationships between proposed functions and spaces outlined in the program. The objective to this exercise is to determine which elements should be associated with one another and which elements should be separated. 7 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Based on the functional diagram and in conjunction with the approved Program, schematic concepts will be discussed and developed. Subtask 4.4 Concept Alternative Based on the schematic concepts, which are a culmination of the site analysis, the Program, the functional diagram, and the preliminary schematic concepts; the concept alternative will be developed. Basic organizing principles and spatial relationships will be reviewed and referenced to create appropriate streetscape improvements. One alternative for National City Blvd and up to two altematives for the Plaza will be developed and the Program will be reviewed for conformity. The concept altemative phase will help the design team identify appropriate opportunities for art interventions. Based on the team's findings the public artist will generate preliminary sketches for design team input and further develop preferred proposals for City review. Subtask 4.5 Concept Alternative Workshop The Conceptual Altemative Workshop will present the preliminary findings and initial concept to stakeholders, interested parties and the public. Reactions at the workshop will be chronicled and taken into account in the further refinement of the plan. In some instances there may be consensus, and on some issues there may be the need to "agree to disagree." All assumptions are eligible to challenge and subject to reconsideration in light of new ideas, facts and concepts. Regardless, throughout the process the PDC team will maintain an open discourse and respectful exchange of ideas. This will ensure that both those who agree with the plans and those who may oppose them, will have a fair airing of their thoughts. The team is aware that it is not the intent of the City of National City to have a "visioning" process for this project, but rather to provide an opportunity for the public to review and comment on the proposed concept. We are aware that the City of National City is not anticipating a lengthy public input process. The conceptual alternative will be presented to the community. Workshop attendees will break into groups and evaluate the concept based on specific topics: traffic and parking issues, public art, landscape treatments and site furnishings. Each group will present their recommendations to workshop attendees as a whole. Recommendations will be prioritized and meeting minutes will be generated to document decisions. Public art concepts will be presented using drawings, models and photo - simulations along with descriptive narratives and budget analyses. Subtask 4.6 Design Refinement The conceptual alternative will be reviewed to determine which aspects of the concept received the most client / community support. Review of workshop 8 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements information will also identify those parts of the concept that were not well received and determine why. The final design will be developed and the program will be reviewed for conformity with current design. Subtask 4.7 Final Design Workshop The Final Design Workshop will present the Opportunities and Constraints (if necessary), the Program, and the original conceptual alternative. The community input will be reviewed from the prior workshop and the refined alternative will be presented. The community attendees will break into groups and evaluate the refined concept based on specific topics: public art, landscape treatments and site fumishings. The facilitator will provide closure to the workshop phase of the project. Subtask 4.8 Conceptual Cost Estimates PDC will prepare a conceptual cost estimate of the proposed alternative for use by the City of National City. The estimate will be general in nature, based on large portions of work to be completed, and will not include detailed quantity takeoffs. PDC will develop the cost estimate based on construction costs provided by the City staff, our experience with similar projects, local construction cost database resources, quotes from suppliers, and input from City staff TASK 5.0 ENVIRONMENTAL DOCUMENTATION Overview: The goal of this task will be to complete the environmental review process required to obtain funding and undertake the proposed improvements. Overall, the environmental review process is anticipated to be completed with a Categorical Exemption (CEQA) and a Categorical Exclusion (NEPA). It is assumed that PDC would assume primary responsibility under direction of the City staff for preparation of documentation and notices under CEQA. It is also assumed that Caltrans would be responsible for preparing the Categorical Exclusion document and noticing requirements pursuant to NEPA. Primary subtasks will include: (1) Initial Constraint Identification and Agency Coordination, (2) Document Preparation, and (3) Process Coordination. Deliverables: The deliverables associated with this task are as follows: CEQA • Initial Study • Notice of Exemption Assumptions: 9 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements The following tasks will not be completed as a part of this project: • Visual Impact Assessment; • Biological Study; and • PES and initial Field Review forms Subtask 5.1 Initial Constraint Identification and Agency Coordination PDC will complete the following tasks. • Review certified EIR for the Downtown Specific Plan. Identify potential environmental impacts and potential design measures to avoid or reduce any impacts. • Meet with design team to discuss environmental impacts and design measures. • Coordinate with Caltrans staff to identify environmental review process and any aspects that may be unique to the proposed project. Subtask 5.2 Document Preparation PDC will complete the following tasks. NEPA • Prepare Field Review form. CEQA • Prepare Initial Study. • Prepare Notice of Exemption. Subtask 5.3 Environmental Processing PDC will complete the following tasks. NEPA • Conduct a field review with Caltrans staff. • Monitor CE processing by Caltrans and provide supplemental documentation or information, as required. CEQA • Submit Notice of Exemption to City staff. • File Notice of Exemption with County Clerk after approval of improvements. TASK 6.0 TRAFFIC ENGINEERING Traffic engineering studies have been completed as part of previous studies for this project and are assumed adequate for the proposed work. If Caltrans determines that the existing traffic reports are not adequate for processing this 10 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements project through Local Assistance, Darnell & Associates will be available to update the existing Traffic Study to conform to EIS format and requirements. TASK 7.0 CONSTRUCTION DOCUMENTS Overview: The purpose of this task is to design and develop the documents required for permitting and construction of the project. Deliverables: Deliverables for this task include the following: • Public Improvement Plans • Construction Details • Striping and Signing Plans • Electrical Plans • Electrical Panel Board Schedules • Planting Plans • Irrigation Plans • Landscape Details • Construction Layout Plans • Roadway Cross -Sections • Water Quality Technical Report (WQTR) • Storm Water Pollution Prevention Plan (SWPPP) • Technical Specifications • Opinion of Probable Construction Costs Assumptions: The following assumptions have been made for this project: • Drainage design will not include area pipe flow analysis; • Structural design and analysis is not included; • Traffic control plans will be completed by the contractor and are not included as a part of this contract; • Traffic signal modification plans are not included; • Traffic signal timing coordination plans are not included; • Mechanical and plumbing construction documents will not be prepared for the fountain; • Drainage improvements will be limited to relocation of existing structures; and • Schedule for design, as stated in the contract, will be maintained. If the schedule is lengthened from the agreed upon schedule, additional services will be required. 11 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 7.1 Public Improvement Plans The PDC team will develop public improvement plans at 1"=20' scale for processing through the City of National City. The public improvement plans will include plan and profiles of new or modified curb lines, construction details and notes, title sheet, typical sections, drainage modifications, existing and proposed contours at 1 foot intervals, existing right-of-way, easements, locations of existing improvements, location of saw cut lines, project limits, and the locations of items to be removed, relocated, demolished, or salvaged. The public improvement plans will include up to 1 title sheet, 2 notes and details sheets, and eighteen (18) plan and profile sheets. Subtask 7.2 Striping and Signing Plan Roadway striping and signing plans will be developed for the project area along National City Boulevard, from 12th Street to Division Street. The striping and signing design will be based on the Caltrans standard details and specifications. The striping and signing plans will be prepared at 1"=40' scale and will include the type and location of proposed traffic striping and signs. This task includes developing up to a total of nine (9) signing and striping sheets. Subtasks 7.3, 7.4, and 7.5 Landscape Construction Documents Landscape construction documents will be prepared at 1" = 20' scale for processing through the City and for public bid. The construction documents will include but are not limited to sidewalk and plaza paving material locations, details and associated improvements. Tree grate installation details, lighting selection and coordination with the electrical engineer, the public art piece / water feature coordination, supplemental details and accent improvements, and site furnishings. Construction documents will also include street and plaza trees with specific locations, species and quantities (planting plan) and specific planting details and specifications; as well as a fully automatic irrigation system for all newly planted areas (irrigation plans and details). Subtask 7.6 Electrical Construction Documents The objective of this task is for Lopez Engineering to prepare construction documents required for permitting and construction of the electrical and street light improvements for the National City Boulevard streetscape, median, and fountain plaza promenade improvements. The electrical plans will be based on discussions with Project Team and the City of National City staff and will incorporate recommendations received from the City, and franchise utilities. The final plans and specifications will be in accordance with the city and regional guidelines, policies, procedures, codes and standards. Plans will be at 1" = 20' scale. Lopez Engineering will prepare voltage drop and conduit fill calculations in order to properly size the wire and conduit; prepare drawings that identify existing Tight standards and electrical equipment that needs to be removed; identify existing 12 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Tight standards and electrical equipment, which need to remain; prepare drawings that identify proposed light standards and electrical equipment; identify points of connection; design electrical connection to irrigation controllers and fountain pumps; design electrical system for duplex outlet installations in the plaza/promenade area; indicate routing for trenches, where required; and identify utility crossings that will impact the trenches. Lopez Engineering will also complete a basis of design document that summarizes the project scope of work for the electrical design in straightforward language that includes all contract elements. Subtask 7.7 Mechanical Engineering The objective of this task is for Lopez Engineering to coordinate with a pump manufacturer regarding the operating requirements of the pump system for use in the plaza fountain. The pump system requirements will be identified in the specifications and the contractor will be directed submit catalog cuts of the proposed pump system for approval. Subtask 7.8 Roadway Cross Sections PDC will develop cross sections at fifty -foot (50') intervals for streetscape improvements along National City Boulevard, from 12th Street to 7th Street, and along 9th Street, from National City Boulevard to "A" Avenue. Roadway cross sections will not be developed for the portion of the project involving only median improvements. The roadway cross sections will extend from right-of-way to right- of-way, or catch point to catch point (whichever is greater), and include the existing and proposed roadway surface, curb, gutter, median, sidewalk, and cut/fill slopes. This task will include developing up to a total of fourty (40) cross sections. The roadway cross sections will be provided to city staff during their review process, but will not be included as a part of the bidding documents. Subtask 7.9 Water Quality Technical Report Prepare a Water Quality Technical Report (WQTR) -to comply with the City of National City regulations and the County of San Diego Standard Urban Storm Water Mitigation Plan (SUSMP) for Land Development. The WQTR will identify pollutants and conditions of concern, establish permanent stormwater BMPs, and ensure implementation and maintenance of post -construction BMPs. Includes field reconnaissance to observe downstream conditions, including undercutting erosion, slope stability, vegetative stress, and the area's susceptibility to erosion or habitat alteration as a result of any future upstream development, and determination of the rainfall runoff characteristics from the project area under existing and proposed conditions following the requirements of the City of National City and the County SUSMP. The following items are not included in the scope of work for'the WQTR and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for 13 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements BMPs, revision of the Water Quality Technical Report due to changes in planned development of the project area. Subtask 7.10 Storm Water Pollution Prevention Plan Prepare a Storm Water Pollution Prevention Plan (SWPPP) as required by the modified General Permit for Storm Water Discharges from Construction Activity (SWRCB Order No. 99-08-DWQ and Resolution No. 2001-046, NPDES Permit No. CAS000002) for construction phase activities based on the SWMP, the Erosion Control Plans, and Grading and Improvement Plans submitted for permitting. The SWPPP will include the site description addressing the elements and characteristics specific to the site, descriptions of BMPs for erosion and sediment controls, descriptions of BMPs for construction waste handling and disposal, methods of implementation of approved local plans, description of proposed post -construction controls, details of non -storm water management, a construction site sampling, monitoring, and inspection plan. This scope includes the completion of a Notice of Intent (NOI) for the Client, one meeting with the Client to review the SWPPP prior to completion, and one brief training session for the site superintendent on proper SWPPP implementation. Updates to the SWPPP during the construction phase are excluded from this scope, but may be added by contract amendment.- Client to provide all submittal fees. The following items are not included in the scope of work for the SWPPP and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for BMPs, revisions to the SWPPP after approval from the Client, BMP monitoring or sampling, BMP monitoring or sampling training, processing through the Regional Water Quality Control Board (RWQCB) or other resource agency, and correspondence to and/or communication with the State Water Resources Control Board, RWQCB, or other resource agency. Subtask 7.11 Technical Specifications PDC will develop technical specifications for the project in the format requested by the City. The format could follow Caltrans, CSI, or the Standard Specifications for Public Works Construction ("Greenbook"), as required. The technical specifications will direct the methods and materials to be used by the Contractor for construction of the project. The City of National City will prepare the General Provisions for the project specifications. Subtask 7.12 Opinion Of Probable Construction Costs PDC will prepare the Opinion of Probable Construction Costs for use by the City of National City. The estimate will include quantity takeoffs for each bid item. PDC will develop unit costs for the bid items based on unit prices provided by the City staff, our experience with similar projects, local unit cost database resources, quotes from suppliers, and input from City staff. 14 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 8.0 PROJECT MANAGEMENT The project management task for this project will be an ongoing, continuous process that will begin upon project initiation and conclude after the final construction debriefing meetings have been conducted. This task includes project management items that support the engineering and construction services, team meetings, client meetings, progress reports, invoicing, writing meeting minutes, project coordination, and QA/QC review. Project management will be provided to include attendance and participation of two (2) PDC staff members in up to a total of eight (8) client meetings and eight (8) team meetings. TASK 9.0 AGENCY COORDINATION AND PROCESSING The goal of this task is to secure the permits necessary to construct the improvements. PDC will meet personally with agency staff to discuss the project and the information provided at the time of submittal. We will routinely follow up with staff to keep the project moving forward and take immediate action to address any concerns. As a part of this task, PDC anticipates performing plan processing through the City and coordination with the following agencies/organizations: • SDG&E • SBC • Cox Communications • Time Warner Cable • SANDAG/MTS Lopez Engineering will contact SDG&E and the City of National City staff to discuss the proposed electrical work that needs to be performed, the operation of the existing system, operation and maintenance challenges that these personnel are experiencing with the existing system, the location of existing series street lighting (if any) that need to be upgraded, the points of connection for existing and proposed street lighting branch circuits, and their recommendations for equipment items. Since trenching will be required for this project, Lopez Engineering will coordinate the location of proposed underground conduits with the franchise utility companies and the City of National City to avoid conflicts with existing utilities. TASK 10.0 CALTRANS LOCAL ASSISTANCE PROCESSING PDC will perform Local Assistance processing services through Caltrans for this project. This task includes the review and preparation of forms required for submittal, as stated in the Local Assistance Procedures Manual. Assumptions: • The Resident Engineer's Construction Contract Administration Checklist (Form 15-B) will be completed by the City of National City's Resident Engineer 15 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 11.0 CONSTRUCTION SERVICES Overview: The PDC team will provide construction services support to the City beginning with the bidding process, through construction, and completion of the record drawings as specified below. Deliverables: The quantity and type of deliverables associated with this task will vary based upon the final construction documents. The assumed deliverables that will likely be completed as a part of this task are as follows: • Meeting minutes and written responses to Contractor's RFI's and submittals; • As -built record drawings Assumptions: The assumptions associated with this task are as follows: • The duration of construction will adhere to the schedule presented in the RFQ; • Developing, designing, and processing of construction changes are not included. These tasks can be performed for additional services; • Construction surveying and staking are not included, but can be provided as additional services; • The construction work will be continuous from start to completion; • The project will be advertised for construction and awarded to a contractor within the schedule presented in the RFQ; and • The project will go out for bid once, re -bidding the project will require additional bid administration services. Subtask 11.1 Bid Administration Typically, questions and clarifications are necessary during the bidding and construction processes of plans. Members of the PDC team will be available on an as -needed basis to attend pre -bid meetings, site meetings, and the bid opening, up to a total of three (3) meetings. Members of the PDC team will respond to questions from Contractor's interested in bidding on the project through the City, assist in the preparation of one (1) addendum, and review the final bid documents, as required by the City of National City. Subtask 11.2 Construction Phase Services The PDC team will be available on a time and materials basis for meetings and site visits with the Contractor, review material and product submittals for conformance with the construction documents, support the City in verifying that 16 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements construction activities conform to the project drawings and specifications, and respond to RFI's as needed. At the completion of construction activities, the PDC team will be available to attend a debriefing meeting to discuss project closeout. Work for this task will be billed on a time and materials basis and will include attendance and participation in a maximum of five (5) meetings during the construction process. A substantial level of effort is anticipated for art fabrication and installation oversight. The public artist will be onsite during key construction events to assure accurate execution of the final designs. Subtask 11.3 Record Drawings At the conclusion of the project, the City of National City will fumish PDC a single copy of redlined project drawings showing changes made during construction. The design team will modify their respective original drawings to show those record conditions. PDC will process the as -built plans through the City for archiving. TASK 12.0 REIMBURSABLE EXPENSES This task will be used to cover the cost of direct expenses incurred by the project team during this project. The project team will be responsible for preparing and printing exhibits, plan sets for submittal review, and one set of final Mylars. The City of National City will be responsible for printing costs associated with preparing bid sets. 17 EXHIBIT 8 CITY Of NATIONAL cnY 144114231 aly 863•140spa Implanwroarib PROJIICT DIMON LOBEL DAANIU. & THE LeaufroN WEBBER PAUL CONSULTANTS 1940111262A001 01811004/1728 GROUP DESION 0210UP HOBSON _ .800 $ 8.575 I L1/00 1.41,68S1'OlO6(54i$9V50 8.000 kw Poison _5 $ 000 84/8TOTAd. 6 47.070 $ 07.975 2.1 44.81/13111.008Ftwearch 6 280 2 2 Flanchloo WW2 NOW $ 620 6 840 641011016040 3.020 $ 630$ ALL 2.4 ..8 0088 Matt i A 25 2.5 TUN. Dialing P6J14 0,0008 $ $ 1,400 2,0 $ Z.4' $ .865 $ 3.6 MAU 3.5 Swards OM Reoannalraninco 2 3.3 1 210 34 Interviews 08$065050920100 , 110 SIJBTOTAL $ ' 9.5 Program 0.440965401 3 2.4$5J 1 1,400 44 MPl0VM9 $ 6,0001 4 Mannino $ 1,3501 ranstvais Coma Mame*. $ 7,2101 $ .4 4.5 000000*Mall85005 21.13000 1 1.240 $ 1.4201 $ 4,0 043100Flaillantan1 S 0,0051 4 Flnal 0•41011 02.00 3 0.240 5 3.0251 $ 1000 40 Gorwaplual 2,840 AL 1 5.620 A 20. $ 5200 $ 4,060 $ 40.506 MWNW Confab% IdanglIcallon end 5.3 • . 6.0 = • TAL 24 40 $ 24 40 2140114811010 03.1 0.2 BR Trallio $ 880 7.0 SUBTOT 4 MO 4 640 CONSTRUCTION DOCUMENTS • Pima 35 MO NUM S ...I Plan rilEMI IMMENIM 7.3 ..w. Le:10mm C00.0vaanimotA Flans and blab $ 27.900 7.4 eon Plana m600263 $ 23,06 7.5 Plana and Details $ 20,500 7.6 Ehdrical Cionesuction 136.316nts 3 140 NMI $WAIM=EirrilMr3 11112111=:WMullIn. 7.10 laarrnanIcal MINIM - cd. r. •,,,114...MMEMEI Siam WON Pollution Prevenlion F 5 = aninOSnUIBn Owttn 1368440 3111M111g73 lligail i$ uS l Cwo 1M 9935 MUM irin. am TaMeath, 5 2111, MIIIMMEI I Meetin and Annul. 1 11. EIIIIIMMEE0i111•1111.11 1111011111•1111111MIMININEEZIFIIIIMINETI 11121111171711111EIIIMEEMI 00 liiallEIM askliM1INI180 SUBTOTAL t • 30 El M 8 29 280 SIJBTOTAL1 $ 3,100I $ 100 west Au 24 n.. Urr. P • Prolix ClIK.13E rall.01:11 WEN . _ Finunce 144MMIIMMIIIIIIMM.11111155/ Mow. tor Authotizatlon Dale Sheet 2 060 10.4 35 Locai Agancy Agreement Cnecigat 4A 1 400 10.5 MEERII gpiril Preliminary Estimate of Cost 112A) lone 520 10.7 IiIMEN P Sa E C o Oft on 12C InNIMILEI MECEMEEIEFINIIIIMI 10.10 RI, ol Wa Cartiticution 1 520 10.11 • Cowl:Winn Contact Arenhiatration Nods, 15A 10.12 Redden, Engineers Construction Ccntract Ariminianation Checklist 10.13 LocalAgency Pro?. Adverligng Chug/1W 15C 520 10.14 1 Odo 10.15 Local Bld 0 10.18 Ow i ) 1 040 Mel 0,1.11 foflmalo IbM EIN=E421 10 i,l M6611396 with Celhans L000i Assistarra 3 Ittatiln a 1 660 fllnnt. 10.20 g gl $ 6,000s 32 470 NMI EIIMIMIEBIIMMEM .8 IngSMIZIIMMIMENIIIIMPIrj P 016 $ 5 250 11.3 Sword Cnawinne 8 6,060 $ 4,300 12.0 SUBTOTAL 13500 8 750 4 74 R $ 5 250 S 32 204 11101101,51SABLE EXPENSES SUBTOTAL $ B OM 7 000 1 650 $ 250 ERIMIIIIIIIII Elliiirin TOTAL $ 187,000 $ 163,025 5 27,070 $ 17,675 $ 06,736 0 4,690 $ 10,050 $ 5,250 $ 10,1150 $ 942,846 LABOR RATE SCHEDULE Effective March 07, 2005 Principal, Senior Project Manager Project Manager Planning, Environmental & Landscape Architecture $180 $150 Senior Environmental/Senior Planner $120 Senior Landscape Architect $110 GIS Specialist, CAD/GIS Coordinator, Associate Planner $105 Landscape Architect, Project Planner $100 Landscape Designer, Assistant Planner $95 Urban Designer, Electronics Visualization Specialist $90 Junior Planner $90 GIS Technician $85 Graphics Artist $75 Landscape Drafter, Asst. Landscape Designer $70 Planning Intern, Clerical $60 Engineering Senior Project Engineer, Design Manager $130 Project Engineer, Design Supervisor, Water Quality Engineer $115 Senior Civil Designer, Design Engineer, Project Coordinator $105 Civil Engineer, CADD Manager $95 QC Specialist $95 Civil Designer $85 Asst. Civil Engineer $80 Design Drafter $75 Drafter $70 Permit Processor, Clerical $65 Junior Technician $55 Surveying, Photogrammetry Site Manager, Crew Manager, Mapping Manager, Senior Surveyor $125 Sr. Right -of -Way Agent $120 Surveyor $110 Crew/Mapping Coordinator, Photogrammetric Mapping Manager $105 Survey Coordinator $100 Survey/Map Tech II $90 Photogrammetrist/Photogrammetric Map Editor $90 Survey/Map Tech I $85 Right -of -Way Agent $80 Right -of -Way Special Projects Engineer $75 Clerical $60 2-Man Survey Crew (Conventional) $200 3-Man Survey Crew (Conventional) $230 1-Man Crew (GPS; 1 Receiver) $130 2-Man Crew (GPS; 2 Receivers) $225 3-Man Crew (GPS; 3 Receivers) $300 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, long-distance telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%n. Rates subject to change without notice after June 30, 2005 T:MUNICIPAL INFRASTRUCTURE\NATIONAL CITY BLVD\L.ABOR RATE-O5MARCH.DOC REVISED I/I2/O a1 • 011 FFSaiE'.FJ.Jfaaaa&s 9v^^ a a4 xa A . r PROJECT DESIGN CONSULTANTS INTRODUCTION At Project Design Consultants, we study, plan, survey, design and engineer sustainable master planned communities, commercial and urban infill projects, and the public infrastructure that supports them. HISTORY Project Design Consultants was founded in 1976 with a vision, business plan, and five staff members in a small downtown San Diego office. Today, the firm has grown to more than 200 employees and celebrates nearly three decades of experience applying our knowledge to help clients transform communities for the better. OUR CLIENTS Our clients are leaders in both the private and public sectors throughout the West. We help them anticipate and harness the dynamic forces of change that are inherent in developing land and public infrastructure_ STAFF Equipped with the latest technology and resources, our staff consists of civil engineers, planners, urban designers, landscape architects, GIS specialists, surveyors, photogrammetrists, and transportation engineers. OFFICE LOCATION Corporate Headquarters 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 619.234.0349 fax www.projectdesign.corn EXHIBIT D PROFESSIONAL DESIGN SERVICES OFFERED: PLANNING • Regional Planning • Urban Design and Planning • Policy Planning • Permit Processing • Public Agency Support • Redevelopment Planning/Government Coordination • Physical Planning LANDSCAPE ARCHITECTURE • Streetscape, Design/Construction Plans • Park System Master Plan • Park Planning, Design/Construction Plans • Gateway & Entry, Design/Construction Plans • Plaza Planning, Design/Construction Plans • Multi -family Housing Landscape Design • Trail Planning Design Construction Plans • Slope Planting & Irrigation Plans • Fire Control Plans ENVIRONMENTAL • Environmental Documentation/Processing • Constraints/Opportunities Studies • Public Agency Support • Permit Processing ENGINEERING • Land Development Engineering • Urban Engineering • Transportation Planning and Engineering • Water Resources Engineering • Water and Wastewater Engineering • Public Facilities Design • Assessment Engineering • Program Management SURVEY • Cadastral, Boundary and ALTA Surveys • Topographic Surveys • Subdivision Mapping • Condominium Mapping • Digital Mapping Products • Geodetic/Control Surveying • Right -of -Way Engineering • Construction Surveys • Photogrammetry OTHER SERVICES • Geographic Information Systems (GIS) • Graphics (3-D modeling, Multi -Media Presentations, Photo Simulations, Computer and Hand Graphics) About Project Design Consultants City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. 9 ITEM TITLE Resolution approving a Tentative Subdivision Map for the division of one 16,675 square foo lot into eleven Tots, and a Variance for building height on a property at 2504 Highland Avenue (Applicant: Cheng Capital) (Case file no. S-?005-4 / Z-2005-6) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the December 20, 2005 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION RCp Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF ONE 16,675 SQUARE FOOT LOT INTO ELEVEN LOTS AND ONE 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 a 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 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. WHEREAS, the Planning Commission of the City of National City considered said application at 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, and December 20, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2005-4/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 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 that the City Council of the City of National City hereby approves the 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 based on 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. Resolution No. 2006 January 17, 2006 Page 2 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. Resolution No. 2006 — January 17, 2006 Page 3 3. Granting of the exceptions is in accordance with the intent and purposes of Title 18 of the Municipal Code (Zoning), 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 subdivisionis compatible with adjacent and nearby development consistent with the intent of this Title 18. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED VARIANCE 1. The requested Variance is necessary because of special circumstances applicable to the property, including location and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since similar properties in the CG Zoning designation, including a property directly across Highland Avenue, allow for three- story residential development for the provision of housing. 2. That the requested Variance is subject to such conditions which will assure that the adjustment for height authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, as the project will function as a multi -family project, which can be built to 35-feet in height in the CG Zone, and since the proposed project is conditioned to comply with the submitted plans that identify a 35-foot high development for the housing. 3. That the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since proposed 10- unit subdivision is a permitted use in the General Commercial Zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of one 16,675 square foot lot into eleven Tots, and a Variance for building height on a property at 2504 Highland Avenue, is hereby approved 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. Resolution No. 2006 — January 17, 2006 Page 4 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 Attomey 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 Resolution No. 2006 — January 17, 2006 Page 5 Practices of the Jurisdictional Urban Runoff Management Prograhi (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. Resolution No. 2006 — January 17, 2006 Page 6 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 Resolution No. 2006 — January 17, 2006 Page 7 shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 30. Approval of the tentative subdivision map expires two (2) years after adoption of the resolution of approval at 5:00 p.m., unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. 10 (--- ITEM TITLE Resolution denying a Conditional Use Permit for a Wireless Communication Facility on the National City Middle School property at 1701 D Avenue. Applicant: NEXTEL Communications. Case file no.: CUP-2005-16 PREPARED BY Martin Reeder 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to deny this item at the December 20, 2005 public hearing. The attached Resolution is needed to follow through on the action. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. RCfP BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution • A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT APPLICATION FOR A WIRELESS COMMUNICATIONS FACILITY ON THE NATIONAL CITY MIDDLE SCHOOL PROPERTY AT 1701 D AVENUE APPLICANT: NEXTEL COMMUNICATIONS CASE FILE NO. CUP-2005-16 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility on the National City Middle School property at 1701 "D" Avenue at the regularly scheduled City Council meeting of December 20, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File Nos. CUP-2005-16, which is maintained by the City and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, 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 the testimony and evidence presented to the City Council at the public hearing held on December 20, 2005, fail to support findings required by the Municipal Code for granting a Conditional Use Permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED that the testimony and evidence presented to the City Council at the public hearing held on December 20, 2005, support the following finding: 1. That the proposed use will have an adverse aesthetic effect upon adjacent or abutting properties, since it will not blend in appropriately with surrounding development. BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use Permit application No. CUP-2005-16. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. -- Signature Page to Follow -- Resolution No. 2006 — January 17, 2006 Page 2 PASSED and ADOPTED this 17th day of January, 2006. 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 January 17, 2006 AGENDA ITEM NO. it ITEM TITLE Resolution Approving a Tentative Subdivision Map for the Consolidation of Three Properties on th East Side of the 1900 Block of Palm Avenue into an Approximately 34,500 Square Foot Lot with a Planned Development Permit for Seven 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 Andrew Hinson (x4310) EXPLANATION DEPARTMENT Planning The City Council voted to approve this item at the December 20, 2005 public hearing, with the addition of a condition limiting the development to not more than seven homes. The condition has been added to the attached resolution, which is needed to follow through on the action. Environmental Review Financial Statement N/A N/A Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION 4%2 Adopt the attached resolution. r BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 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 SEVEN 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 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 seven 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 considered said application at a public hearing held on November 21, 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 20, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. 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 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 for 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 seven single-family homes (condominium ownership) and Variances for exceeding density and wall height limits, based on the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 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. Resolution No. 2006 - January 17, 2006 Page 2 2. The site is physically suitable for the proposed type of development, since the 34,500 square foot property can contain the seven 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 Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 34,500 square foot lot can contain the seven 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. Resolution No. 2006 — January 17, 2006 Page 3 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, 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 seven single-family homes (condominium ownership) and Variances for exceeding density and wall height limits is hereby approved 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 seven 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. Resolution No. 2006 — January 17, 2006 Page 4 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. Resolution No. 2006 — January 17, 2006 Page 5 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 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. 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. Resolution No. 2006 — January 17, 2006 Page 6 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 be 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. Resolution No. 2006 — January 17, 2006 Page 7 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. 35. Plans shall be revised to include not more than seven houses. The revised plans shall be consistent with all applicable Land Use Code (Title 18 Zoning) requirements, subject to approved exceptions and variances. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney .AEETING DATE 01/17/06 City of National City, California COUNCIL AGENDA STATEMENT 12 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Project Application for Federal and State Assistance in the Amount of $42,200 to Replace Metal Pipe at 1432 Earle Drive PREPARED BY Walter Amedee, ` DEPARTMENT EXPLANATION Homeland Security Manager (336-4556) Fire During the rainstorms in February — March 2005, a 72 inch diameter corrugated metal pipe collapsed at 1432 Earle Drive. An emergency contract was authorized to MJC Construction to complete removal and replacement of the pipe. The work was completed on March 12, 2005, to include the removal and installation of 152 linear feet of 72" pipe. Additional hazard mitigation work to include the installation of a cement headwall and riprap at the downstream end was completed. The property was also graded to its original condition. The total cost of these repairs was $40,000. For this disaster, National City was eligible to participate in the Federal -Public Assistance and State of California Disaster Assistance Act (CDAA) programs to receive reimbursement for the emergency work completed. Two Notices of Obligation were received from the Governor's Office of Emergency Services stating that National City is eligible to receive a reimbursement of $39,450 ($31,200 in Federal funds, $8,250 in State funds) plus an additional amount of $2,750 ($2,500 for Road Systems Repairs and $250 for administrative allowance) bringing the State's share to 100% of the eligible amount. In order to receive the funds, the Project Application for Federal Assistance (OES 89) and Designation of Applicant's Agent Resolution (OES 130) must be on file in the Governor's Office of Emergency Services. Environmental Review Financial Statement No financial impact. X N/A Account No. STAFF RECOMMENDATION Staff recommends the acceptance of $42,200 ($31,200 in Federal funds, $8,250 in State funds), plus an additional amount of $2,750 ($2,500 for Road Systems Repairs and $250 for administrative allowance) from the Federal -Public Assistance and State of California Disaster Assistance Act (CSAA) programs. Direct Staff to submit forms Project Application for Federal Assistance (OES 89) and Designation of Applicant's Agent Resolution (OES 130) to the Governor's Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. (2) Notices of Obligation. 2. (1) Designation of Applicant's Agent Resolution (OES 130). \ 3. (1) Project Application for Federal Assistance (OES 89). P esoluti nn A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A PROJECT APPLICATION FOR STATE AND FEDERAL ASSISTANCE IN THE AMOUNT OF $42,200 TO REPLACE METAL PIPE AT 1432 EARLE DRIVE BE IT RESOLVED by the City Council of the City of National City, that the Mayor is hereby authorized to execute for and in behalf of the City of National City, a public entity established under the laws of the State of California, this application, and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act. BE IT FURTHER RESOLVED that the City of National City, a public entity established under the laws of the State of California, hereby authorizes the Mayor to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STAVE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor Obligation Notification Payment Process GOVERNOR'S OFFICE OF EMERGENCY SERVICES DISAST1R ASSISTANCE RESOURCES BRANCH GRANT MANAGEMENT SECTION 3650 SCHRIEVER AVENUE MATHER, CALIFORNIA 95655 PRONE: (916) 845-8110 FAX: (916) 845-8392 November 16, 2005 Walter Amedee Mgmt Analyst II National City, City of 1243 National City Boulevard National City, CA 91950 Dear Mr. Amedee: SUBJECT: NOTIFI2A'TION OF (31 LIGATION PUBLIC ASSISTANCE AND CDAA GRANT PROGRAMS FEMA-1585-DR-CA, OES ID #073-50398 The Governor's Office of Emergency Services has attached the Grant Stimmary and the Project Application Summary for Federal Package #17, and the Exhibit C for State Supplement #0. Please see the table below for further obligation details. OES' CALIFORNIA Obligation Details Package/Supplement Obligation Amount Cumulative Amount Obligated Federal -Public Assistance $31,200 $31,200 State -California Disaster Assistance Act (CDAA) $8,250 $8,250 Total $39,450 $39,450 For this disaster, funds will be paid in accordance with the following disbursement table: Project Status Federal Funds Disbursement Process State Funds Disbursement Process Small Projects less than 100% complete Automatic advance of federal share an. administrative allowance Automatic advance of state share and administrative allowance. Retentior4 held until 100% complete Small Projects 100% complete Automatic payment of federal share an. administrative allowance Automatic payment of state share and administrative allowance Large Projects less than 100% complete Advance administrative allowance only All other funds (less retention) will be paid o a reimbursement basis Advance administrative allowance only All other funds (less retention) will b• paid on a reimbursement basis Large Projects 100% complete Automatic payment of federal share an. administrative allowance for entire project Automatic payment of state share and administrative allowance Mr. Amedee Page Two November 16, 2005 Payment Process - Continued Required Documents Program Requirements - General Federal Program Audit Requirements For this particular Package/Supplement, payment will be automatically disbursed as follows: [Payment Details Amount Automatically Paid; Federal -Public Assistance $0 State-CDAA $0 Total $01 For those large projects with a work completion of less than 100%, a Large Project Reimbursement Request form has also been included with this package/supplement. Federal and State funds will be issued separately by the State Controller's Office. Please be advised that state warrants have a one-year period of negotiability. In order to receive funds, the following forms must be on file with our office: Form Project Application for Federal Assistance (OES 89) Designation of Applicants Agent Resolution (OES 130) Payee Data Record (STD. 204) - Private non profit organizations only Received by OES?I No No N/A As a requirement of this program, a special fund for the deposit of the state warrant must be established upon receipt of any advance funding. Under no circumstances are expenditures to be made for any damages other than those approved in this application. Any funds received in excess of current needs or approved amounts, or those found owed as a result of an audit or final inspection, must be refunded to the State within 30 days upon receipt of an invoice from the Governor's Office of Emergency Services. As a recipient of federal funds, your organization is subject to the Federal Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Part of your report requirements under the Act and Amendments include the preparation of a Schedule of Expenditures of Federal awards. The following information is provided to assist in the accurate completion of the Schedule: Mr. Amedee Page Three November 16, 2005 Federal Program Audit Requirements - Continued Appeal Process Federal Grantor Agency Pass -Through Agency Program Title Federal CFDA Number Pass -Through Grantor's Number Department of Homeland Security - Federal Emergency Management Agency Governor's Office of Emergency Services Public Assistance Grants 97.036 FEMA-1585-DR-CA, OES ID #073-50398 Please compare the enclosed obligated Project Worksheet(s)/Damage Survey Reports (PW/DSR) with your copy of the original PW(s)/DSR(s). In accordance with Title 44 Code of Federal Regulations Part 206.206(a), if you disagree with FEMA's obligated amoiint(s) or scope of work for the PW(s) addressed in this supplement, you must appeal FEMA's determination within 60 days from the date of this letter. The appeal must contain documented justification supporting your position. Please submit your letter of appeal to the following address: Governor's Office of Emergency Services Disaster Assistance Programs Branch Public Assistance Section 3650 Schriever Avenue Mather, California 95655 Attention: Ms. Rebecca Wagoner, Public Assistance Officer Questions and For appeal assistance, contact the Public Assistance Section at (916) 845-8200. Inquiries For assistance regarding this letter, contact the Grant Management Section's main line at (916) 845-8110. GRANT PAYMENTS UNIT Enclosures c: Ms. Nancy Ward, Disaster Recovery Manager, FEMA Applicant's Federal File Applicant's State File 3 10/1 APPLICANT HISTORY REP T - FEDERAL OBLIGATION Page: 1 Decl Num: 1585 OES ID#: 073-50398 Applicant Name: National City, City of Pkg. Num: 17 Fema Share: 75% Department: National City, City of OES ID#: 073-50398-00 OES Project# PW # PW Ref Cat. 100% Elig. FEMA Share Ret % Retention Admin. Allowance Available Amt. % Complete 14525 352-0 NC-C1 C 40,000 30,000 0 0 1,200 31,200 95 Department Total: 40,000 30,000 0 1,200 31,200 Package 17 Total: 40,000 30,000 0 1,200 31,200 Grand Total to Date: 40,000 30,000 0 1,200 31,200 Total Obligation: 31,200 STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Gov e APPLICATION NO. OES SUPPLEMENT NUMBER DISASTER APPLICATION NO State of California Office of Emergency Services 073-50398 0 1585 073-50398 PROJECT APPLICATION APPROVAL CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM 1. APPLICANT'S NAME AND ADDRESS National City, City of 1243 National City Boulevard National City, CA 91950 3. PROJECT SUMMARY CATEGORY OF WORK A - DEBRIS REMOVAL B - EMERGENCY PROTECTIVE MEASURES C - ROAD SYSTEMS REPAIRS D - DIKES, LEVEES & FLOOD CONTROL WORKS E - PUBLIC BUILDINGS F - UTILITIES G - OTHER ADMINISTRATIVE ALLOWANCE TOTAL THIS SUPPLEMENT TOTAL NOW APPROVED FOR APPLICATION 2. APPLICANT'S AGENT Walter Amedee Mgmt Analyst II AMOUNT APPROVED BY STATE 4. OES APPROVAL (Approved in accordance with attached Exhibit "C".) SIGNATURE���1 Cl t�i TITLE: MANAGER, G T PAYMENTS UNIT $0 $0 $7,500 $0 $0 $0 $0 $750 $8,250 $8,250 DATE APPROVED October 6, 2005 CDAA Form la (9/97) OES 126A 10/06/05 CDAA Obligation Summary (Exhibit "C") Page: 1 CDAA No.: 073-50398 Applicant:National City, City of FEMA-1585-DR-CA, FIPS# 073-50398 St.Supplement Date 10/06/05 St.Sup.# Dam.Cat. CDAA DSR#/PW# FEMA DSR#/PW# Total Obligation 0 C Desc: 1 352-0 7,500 Subtotal for Category C 7,500 Subtotal for Supplement No. 0 7,500 Administrative Allowance (10%) 750 Total Supplement No. 0 8,250 Sup.0 Eligible Amount Sup.0 Administrative Allowance(10%) Total Sup.0 Application Eligible Amount Application Administrative Allowance(10o) Total Application 7,500 750 8,250 7,500 750 8,250 UPI C: OIJVICVIJO 0r13-5o3cg-o o APPLICANT: 073-50398-00 NATIONAL CITY, CITY OF Cost PKG Date Approved PW CAT INF Share rtutKAL tmEKGtNI:Y MANAGEMENT AGENCY PAGE: 1 PUBLIC ASSISTANCE GRANT SUMMARY (P.5) Disaster#: 1585-DR State: CA Project Amount Federal Share Subgrantee Admin Total Approved 17 08/17/2005 04:08 352-0 C N N APPLICANT TOTAL IN PKG 17 (1 PW) $40,000.00 $40,000.00 $30,000.00 $30,000.00 $1 ,200.00 $1,200.00 $31,200.00 $31,200.00 APPLICANT TOTAL: 073-50398-00 (1 PW) $40,000.00 $30,000.00 RECEIVED SEP r ? c attINPAYMEtr LINN $1,200.00 $31,200.00 DATE: 08/30/2005 FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT APPLICATION SUMMARY (P.2) DISASTER #: 1585 DACKAGE NO: 17 P.A. ID: 073-50398-00 APPLICANT: NATIONAL CITY, CITY OF PW# VSN CAT INF COST SHR PROJECTED COMPL DATE APPROVED PW AMOUNT 352 0 Site Number: 1 DAMAGED FACILITY: FACILITY LOCATION: SCOPE OF WORK: C N N 10/14/2006 $40,000.00 CULVERT 1432 EARLE DRIVE, NATIONAL CITY, CA COMPLETED WORK APPLICANT FOLLOWED CITY SPECIFICATIONS, WHICH ALLOW EXCEPTION TO THE NORMAL COMPETITIVE BIDDING PROCESS WHEN AN EMERGENCY SITUATION EXISTS. APPLICANT THEREFORE GAVE AUTHORIZATION TO MJC CONSTRUCTION TO COMPLETE THE REPAIRS AT THIS LOCATION. THE CONTRACTOR WAS GIVEN FORMAL NOTICE TO PROCEED BY LETTER DATED MARCH 2, 2005, WHICH IDENTIFIED THE EMERGENCY SCOPE OF WORK AND IDENTIFIED THE TIME OF PERFORMANCE OF THE CONTRACT AS 7 WORKING DAYS, TO BEGIN ON THURSDAY, MARCH 3, 2005. THE REPAIRS WERE COMPLETED ON MARCH 14 AND ACCEPTED BY THE APPLICANT ON MARCH 15. TOTAL DOLLAR AMOUNT OF CONTRACTED COSTS FOR THE REPAIRS ACCEPTED BY THE APPLICANT TOTAL $40,000 WHICH CONTAINS SOME ITEMS OF WORK IDENTIFIED AS HAZARD MITIGATION. TOTAL COST OF REPAIRS TO RETURN THE FACILITY TO PRE DISASTER FUNCTION AND CAPACITY IS $32,340 AND INCLUDES THE FOLLOWING ITEMS OF WORK: - REMOVE AND DISPOSE OF 152LF OF CORRUGATED METAL PIPE - INSTALL 152LF OF 72" CMP (DIFFERENCE IN UPGRADE TO RCP MATERIAL IS IDENTIFIED ON ATTACHED HAZARD MITIGATION PROPOSAL) - CONNECT NEW RCP TO EXISTING 72" CMP AT UPSTREAM END. - GRADE PROPERTY BACK TO ORIGINAL CONDITION. NOTE: BREAKDOWN OF CONTRACT INTO LABOR, EQUIPMENT AND MATERIALS IS INCLUDED WITH THIS PW. THE WORK COMPLETED ALSO INCLUDED THE CONSTRUCTION OF A CEMENT HEAD WALL AT THE OUTFALL ALONG WITH THE PLACEMENT OF 1CY OF RIPRAP AT THE DOWNSTREAM END. THESE ITEMS WERE NOT PRESENT AT THE FACILITY PRIOR TO THE DISASTER AND THEREFORE ARE PRESENTED ON A SEPARATE HAZARD MITIGATION PROPOSAL (ATTACHED). ADDITIONALLY, THE DESTROYED CMP PIPE WAS REPLACED WITH AN RCP PIPE. THE DIFFERENCE IN THE COST BETWEEN THESE TWO MATERIALS WAS SEPARATED AND IDENTIFIED ON THE HAZARD MITIGATION PROPOSAL AS WELL. THIS SITE HAD NOT BEEN DAMAGED PREVIOUSLY. APPLICANT INDICATED THAT THE DAMAGED CMP WAS DISPOSED OF AT A SCRAP METAL YARD 1 PW PWs: SUBGRANTEE ADMIN EXP: TOTAL: $ AMOUNT ELIGIBLE $40,000.00 $1, 200.00 $41,200.00 $ FEDERAL SHARE $30,000.00 $1,200.00 $31,200.00 Page 26 of 40 PF'OJECT WORK H ET RE.PORT DECLARATION NO. FEMA-CA - DR1585 FIPS NO. 073-50398-00 APPLICANT NAME NATIONAL CITY, CITY OF SUBDIVISION FEMA PW # 352 VSN 0 REF# NC-C1 PREPARED DATE 07/19/2005 REPORT DATE 08/30/2005 11:28 INF TYPE 0 INF • NON-INF Q REC L'ATEGORY C. Roads & Bridges COUNTY SAN DIEGO FUNDING OPTION COST SHARE0.75 3TD PROJECT NO. PROJECT TITLE ROAD REPAIR- EARL DRIVE DROJECTED CMPLTN DT 10/14/2006 ACTUAL CMPLTN DT WORK COMPLETE AS OF 07/19/2005 95 LIGIBILITY Yes AMOUNT ELIG $40,000.00 FEDERAL SHARE $30,000.00 PRIORITYNormal 3EGIN DESIGN DT BEGIN CONSTR DT -PW REVIEWER DATA — REVIEWER NAME DATE END DESIGN DT END CONSTR DT ' INITIAL REVIEW MARTINEZ,JUDY 08/12/2005. PREPARER FULTON, J FINAL REVIEW ALLBRITTON,JAMES 08/17/2005 ROLE PO DATA SOURCE Paper STATE MT PROP • Yes 0 No VALIDATED • Yes 0 No DATE OBLGTD 08/17/2005 PACKAGE DATE 08/17/2005 PNP QUESTIONS 0 Yes • No STATE RVWD 0 Yes Q No PACKAGE ID 17 ATTACH 0 Yes 0 No Does the Scope of Work change the pre -disaster conditions at the site? 0 Yes • No 0 Unsure Special Considerations issues included? •Yes 0 No 0 Unsure Is there insurance coverage on this facility? 0 Yes • No Q Unsure Hazard Mitigation proposal included? • Yes 0 No 0 Unsure PROJECT WORKSHEET REPORT DECLARATION NO. FEMA-CA - DR1585 FIPS NO. 073-50398-00 APPLICANT NAME NATIONAL CITY, CITY OF SUBDIVISION FEMA PW # 352 VSN 0 REF# NC-C1 PREPARED DATE 07/19/2005 REPORT DATE 08/30/2005 11:28 INF TYPE O INF • NON-INF Q REC SITE NUMBER 1 of 1 FACILITY NAME CULVERT ADDRESS 1432 EARLE DRIVE CITY NATIONAL CITY Check if this site will have mitigation work done on it: SITE NUMBER 1 - LOCATION 1432 EARLE DRIVE, NATIONAL CITY, CA Latitude 32.67874 Longitude -117.07438 STATE CA ZIP ❑ Was this sitepreviously damaged? 0 Yes 0No Unsure SITE NUMBER 1 - DAMAGE DIMENSIONS AND DESCRIPTION AS A RESULT OF SEVERE STORMS AND FLOODING WHICH OCCURRED DURING THE INCIDENT PERIOD FOR THIS DISASTER (FEB 16-23, 2005), A PORTION OF THE CITY'S STORM DRAIN SYSTEM CONSISTING OF A 152LF X 72"CMP WAS OVERWHELMED AND SUBSEQUENTLY COLLAPSED. THE ENTIRE LENGTH OF THIS SECTION RUNS UNDER A 10 FT WIDE PUBLIC EASEMENT ON PRIVATE PROPERTY LOCATED AT 1432 EARLE DRIVE AND TERMINATES AT OUTFALL 152LF DOWNSTREAM. THE COLLAPSE OF THE CMP CREATED AN IMMEDIATE THREAT TO HEATH AND SAFETY. THE ENTIRE LENGTH OF CMP PIPE WAS DAMAGED BEYOND REPAIR AND ' )ULD NOT BE REUSED. IQ PROJECT WORKSHEET REPORT DECLARATION NO. FEMA-CA - DR1585 PREPARED DATE 07/19/2005 FIPS NO. 073-50398-00 REPORT DATE 08/30/2005 11:28 APPLICANT NAME NATIONAL CITY, CITY OF INF TYPE Q INF SUBDIVISION • NON-INF FEMA PW # 352 VSN 0 REF# NC-C1 Q REC SITE NUMBER 1 - SCOPE OF WORK COMPLETED WORK APPLICANT FOLLOWED CITY SPECIFICATIONS, WHICH ALLOW EXCEPTION TO THE NORMAL COMPETITIVE BIDDING PROCESS WHEN AN EMERGENCY SITUATION EXISTS. APPLICANT THEREFORE GAVE AUTHORIZATION TO MJC CONSTRUCTION TO COMPLETE THE REPAIRS AT THIS LOCATION. THE CONTRACTOR WAS GIVEN FORMAL NOTICE TO PROCEED BY LETTER DATED MARCH 2, 2005, WHICH IDENTIFIED THE EMERGENCY SCOPE OF WORK AND IDENTIFIED THE TIME OF PERFORMANCE OF THE CONTRACT AS 7 WORKING DAYS, TO BEGIN ON THURSDAY, MARCH 3, 2005. THE REPAIRS WERE COMPLETED ON MARCH 14 AND ACCEPTED BY THE APPLICANT ON MARCH 15. TOTAL DOLLAR AMOUNT OF CONTRACTED COSTS FOR THE REPAIRS ACCEPTED BY THE APPLICANT TOTAL $40,000 WHICH CONTAINS SOME ITEMS OF WORK IDENTIFIED AS HAZARD MITIGATION. TOTAL COST OF REPAIRS TO RETURN THE FACILITY TO PRE DISASTER FUNCTION AND CAPACITY IS $32,340 AND INCLUDES THE FOLLOWING ITEMS OF WORK: - REMOVE AND DISPOSE OF 152LF OF CORRUGATED METAL PIPE - INSTALL 152LF OF 72" CMP (DIFFERENCE IN UPGRADE TO RCP MATERIAL IS IDENTIFIED ON ATTACHED HAZARD MITIGATION PROPOSAL) - CONNECT NEW RCP TO EXISTING 72" CMP AT UPSTREAM END. - GRADE PROPERTY BACK TO ORIGINAL CONDITION. NOTE: BREAKDOWN OF CONTRACT INTO LABOR, EQUIPMENT AND MATERIALS IS INCLUDED WITH THIS PW. THE WORK COMPLETED ALSO INCLUDED THE CONSTRUCTION OF A CEMENT HEAD WALL AT THE OUTFALL ALONG WITH THE PLACEMENT OF 1CY OF RIPRAP AT THE DOWNSTREAM END. THESE ITEMS WERE NOT PRESENT AT THE FACILITY PRIOR TO THE DISASTER AND THEREFORE ARE PRESENTED ON A SEPARATE HAZARD MITIGATION PROPOSAL (ATTACHED). ADDITIONALLY, THE DESTROYED CMP PIPE WAS REPLACED WITH AN RCP PIPE. THE DIFFERENCE IN THE COST BETWEEN THESE TWO MATERIALS WAS SEPARATED AND IDENTIFIED ON THE HAZARD MITIGATION PROPOSAL AS WELL. THIS SITE HAD NOT BEEN DAMAGED PREVIOUSLY. APPLICANT INDICATED THAT THE DAMAGED CMP WAS DISPOSED OF AT A SCRAP METAL YARD COST ESTIMATE ITEM VSN CODE MATERIAL AND/OR DESCRIPTION 0 0000 COMPLETED WORK 2 0 9003 CONTRACT UOM LS LS 1 QTY 1 UNIT PRICE j COST $.00 s0.00 $32,340.00 $32.340 00 PROJECT WORKSHEET REPORT DECLARATION NO. FEMA-CA - DR1585 FIPS NO. 073-50398-00 APPLICANT NAME NATIONAL CITY, CITY OF SUBDIVISION FEMA PW # 352 VSN 0 REF# NC-C1 ;OST ESTIMATE TEM;;VSN CODE: MATERIAL AND/OR DESCRIPTION UOM !; 3 0 0909 HAZARD MITIGATION PROPOSAL LS Eligible Amounts: Federal Share for 1 PREPARED DATE 07/19/2005 REPORT DATE 08/30/2005 11:28 INF TYPE 0 INF • NON-INF Q REC UNIT PRICE COST 57,660.00 57,65 10 Total (this version) Total Oblig To Date Unobligated + Obligated Obligated and Unobligated $40,000.00 $40,000.00 $40,000.00 $30,000.00 IPECIAL CONSIDERATIONS Does the damaged facility or item of work have Insurance coverage and/or is It an insurable risk (e.g., buildings, equipment,vehicles,etc.)? Is the damaged facility located within a floodplain or coastal high hazard area and/or does it have an impact on a flpodplain or wetland? 0 Yes COMMENTS : 08/08/2005 18:16:19 SEE FIRM/PANEL 06073C1912F; JUNE 19, 1997; ZONE X Is the damaged facility or item of work located within or adjacent to a Coastal Barrier Resource System Unit or an Otherwise Protected Area? 0 Yes 0 Yes • No • No 41111 No Q Unsure O Unsure O Unsure Il the proposed facility repairs/reconstruction change the pre -disaster conditions (e.g., footprint, material, location, capacity,use or function)? 0 Yes No 0 Unsure Does the applicant have a hazard mitigation proposal or would the applicant like technical assistance for a hazard mitigation proposal? Yes Q No 0 Unsure COMMENTS : 08/08/2005 18:16:19 APPLICANT HAS PROPOSED MITIGATION MEASURES IN THE AMOUNT OF $7660 FOR THE CONSTRUCTION OF A HEADWALL AND THE PLACEMENT OF RIPRAp. HAZARD MITIGATION PROPOSAL IS ATTACHED Is the damaged facility on the National Register of Historic Places or the state historic listing? Is it older than 50 years? Are there more,similar buildings near the site? 0 Yes No 0 Unsure Are there any pristine or undisturbed areas on, or near, the project site? Are there large tracts of forestland? Are there any hazardous materials at or adjacent to the damaged facility and/or item of work? Are there any other environmental or controversial issues associated with the damaged facility and/or Item of work? i 2- Q Yes • No 0 Unsure O Yes • No 0 Unsure O Yes • No 0 Unsure PROJECT WORKSHEET REPORT ECLARATION NO. FEMA-CA - DR1585 PREPARED DATE 07/19/2005 FIPS NO. 073-50398-00 REPORT DATE 08/30/2005 11:28 PPLICANT NAME NATIONAL CITY, CITY OF INF TYPE 0 INF SUBDIVISION NON-INF FEMAPW # 352 VSN 0 REF# NC-C1 Q REC :NVIRONMENTAL - All Environmental Review is complete. Project must be implemented in accordance with onditions list below. Laws/EOs Status Coastal Barriers Resources Act (CBRA) Gen Revw/NA Clean Water Act (CWA) Gen Revw/NA Coastal Zone Management Act (CZMA) Gen Revw/NA Endangered Species Act (ESA) Gen Revw/NA Fish and Wildlife Coordination Act (FWCA) Gen Revw/NA National Historic Preservation Act (NHPA) Gen Revw/NA Clean Air Act (CAA) Gen Revw/NA E.O. 11988: Floodplains Gen Revw/NA E.O. 11990: Wetlands Gen Revw/NA E.O. 12898: Environmental Justice for Low Income and Minority Populations Gen RevwINA :PA Level of Review - NEPA review is complete. • RANCHORS - The project is Categorically Excluded under 44 CFR 10.8(d): 5. Repair, replace, restore, retrofit, upgrade to current codes and standards, or replace a facility (xv) 3. Improvements to existing facilities and the construction of small scale hazard mitigation measures (xvi) Documentation Complete 08/16/2005 13 PROJECT WORKSHEET REPORT DECLARATION NO. FEMA-CA - DR1585 FIPS NO. 073-50398-00 APPLICANT NAME NATIONAL CITY, CITY OF SUBDIVISION FEMA PW # 352 VSN 0 REF# NC-C1 Standard Conditions PREPARED DATE 07/19/2005 REPORT DATE 08/30/2005 11:28 INF TYPE 0 INF • NON-INF Q REC 1. Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. 3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. PROJECT WORKSHEEt REPORT DECLARATION NO. FEMA-CA - DR1585 PREPARED DATE 07/19/2005 FIPS NO. 073-50398-00 REPORT DATE 08/30/2005 11:28 APPLICANT NAME NATIONAL CITY, CITY OF INF TYPE O INF SUBDIVISION • NON-INF FEMA PW # 352 VSN 0 REF# NC-C1 0 REC MITIGATION Check here if effective mitigation is feasible on this project: Check here if mitigation will be performed on any sites in this project: i✓1 Mitigation Policy E List Hazard Mitigation Proposal Check here if you would like to automatically include estimate as a line item on the project Scope of Work In order to direct future water flows as well as to protect sloped embankment a concrete headwall (drawing attached) was constructed to accommodate the new RCP pipe at outfall and 1 CY of of 12" riprap was placed at the outfall to minimize scouring. Additionally, a 72" x 152LF destroyed segment of the storm drain was replaced with a 72" x 152LF section of RCP. The difference in cost of material is $30LF, based on contractor pricing. All costs shown are in -place costs. Total damage at site from this event was $32,340. Hazard Mitigation Proposal amounts to 23.69% of repair cost. Note: Hazard mitigation was 100% completed at time of site visit on 7/20/05. ITEM CODE MATERIAL AND/OR DESCRIPTION UOM QTY UNIT PRICE COST 9999 9999 UPGRADE FROM CMP TO RCP LF 152 $30.00 $4,560.00 9999 9999 CONSTRUCTION OF CONCRETE LS 1 $2,100.00 $2,100.00 HEADWALL 9999 9999 1 CY OF 12 INCH RIPRAP LS 1 $1,000.00 $1,000.00 Total $7,660.00 ;ENERAL COMMENTS 3/08/2005 - COMPLETE RECORDS AND COST DOCUMENTS FOR ALL APPROVED WORK MUST BE MAINTAINED FOR AT LEAST 3 EARS FROM THE DATE THE LAST PROJECT WAS COMPLETED OR FROM THE DATE FINAL PAYMENT WAS RECEIVED, WHICHEVER ; LATER. K TILLOTSON / PAC :CLARATION NO. FEMA-CA - DR1585 FIPS NO. 073-50398-00 'PLICANT NAME NATIONAL CITY, CITY OF PREPARED DATE 07/19/2005 REPORT DATE 08/30/2005 11:28 SUBDIVISION INF TYPE O INF FEMA PW # 352 VSN 0 REF# NC-C1 • NON-INF Q REC , J REQUIRED REVIEWS iironmental Complete Eligible al ranchors 08/12/2005 08/16/2005 Complete Eligible jallbrit 08/16/2005 08/17/2005 PROJECT WORKSHEET REPORT REVIEW ASSIGNED VIEW STATUS RECOMMENDATION REVIEWER DATE DATE REVIEWER SUBMITTED REVIEWED al Complete Eligible 'gallon Staff jmartin9 08/08/2005 08/12/2005 Complete Eligible jallbrit 08/12/2005 08/12/2005 /6 . tsi I GOVERNOR'S OFFICE OF EMERGENCY SERVICES DISASTER ASSISTANCE RESOURCES BRANCH GRANT MANAGEMENT SECTION 3650 SCHRIEVER AVENUE MATHER, CALIFORNIA 95655 PHONE: (916) 845-8110 FAX: (916) 845-8392 January 5, 2006 Walter Amedee Mgmt Analyst II National City, City of 1243 National City Boulevard National City, CA 91950 Dear Mr. Amedee: SUBJECT: NOTIFICATION OF OBLIGATION FOR 100% COST SHARE CDAA GRANT PROGRAM FEMA-1585-DR-CA, OES ID #073-50398 O'E NA. Tl Of Go, v Emir &tyke, The Governors Office of Emergency Services has been authorized by Assembly Bill 164 and Senate Bill 457 to release 100 percent cost share under the California Disaster Assistance Act (CDAA) for the February 2005 Storms. State Supplement #1 is to adjust the state share from 75 percent to 100 percent of the eligible amount. Please see the tables below for further obligation and payment details. Obligation Details Package/Supplement Obligation Amount Cumulative Amount Obligated CDAA $2,750 $11,000 Payment Details Amount Automatically Paid ICDAA $0 Please see the attached Exhibit "C" for additional details. If you have any questions or need additional assistance, please contact the Grant Management Section at (916) 845-8110. GRANT MANAGEMENT SECTION Enclosures cc: Applicant's File 7 I".iV VJ %.• VI ..I�n HnrvvLu aVnvvHFSLtrvtuutrs, L overnor APPLICATION NO. OES SUPPLEMENT NUMBER DISASTER APPLICATION NO State of California Office of Emergency Services 073-50398 1 1585 073-50398 PROJECT APPLICATION APPROVAL CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM 1. APPLICANT'S NAME AND ADDRESS National City, City of 1243 National City Boulevard National City, CA 91950 3. PROJECT SUMMARY CATEGORY OF WORK A - DEBRIS REMOVAL B - EMERGENCY PROTECTIVE MEASURES C - ROAD SYSTEMS REPAIRS D - DIKES, LEVEES & FLOOD CONTROL WORKS E - PUBLIC BUILDINGS F - UTILITIES G - OTHER ADMINISTRATIVE ALLOWANCE TOTAL THIS SUPPLEMENT TOTAL NOW APPROVED FOR APPLICATION 2. APPLICANT'S AGENT Walter Amedee Mgmt Analyst II AMOUNT APPROVED BY STATE $0 $0 $2,500 $0 $0 $0 $0 $250 $2,750 $11,000 4. OES APPROVAL (Approved in accordance with attached Exhibit "C".) SIGNATURE TITLE: MANAGER, GRIANT PROCESSING SECTIONDATE APPROVED January 5, 2006 CDAA Form la (9/97) OES I26A Decl#: 1585 OES ID#: 073-50398 Small Project Amt.: 55,500 Applicant Name: National City, City of OES Suffix #: 073-50398-00 National City, City of Project Obligations to Date (Fed&CDAA) CDAA Supp#: 1 Authorized Project Payment Amount 14525 352 2 NC-C1 2,500 95 40,000 No Project payments authorized for this supplement OES Suffix # Total: 2,500 40,000 0 Project Payment: Admin Allowance: Total Payment: (Payments are currently on hold. Missing Resolution (OES130) and OES89 For (Attached)) Adjustment DSRs for 100 percent state cost share of federally approved projects 0 0 0 VJ./l: 'i/ VV A.. L+tSt1 vu.L .Ly aL..L c)it auiLuua,ry .L)lL "L•• ) Page 1 of 1 P CDAA No.: 073-50398 Applicant:National City, City of FEMA-1585-DR-CA, FIPS'# 073-50398 .Supplement Date 12/29/05 St.Sup.# Dam.Cat. CDAA DSR# FEMA PW# 1 C 2 352 Dese: ROAD REPAIR -EARL DRIVE Total Obligation 2,500 Subtotal for Category C 2,500 Subtotal for Supplement No. 1 Administrative Allowance (10%) Total Supplement No. 1 2,500 250 2,750 Application Eligible Amount Application Administrative Allowance(10%) Total Application 10,000 1,000 11,000 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17. 2006 AGENDA ITEM NO. 13 ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — Christiansen Amusements Plaza Bonita Carnival February 17, 2006 to February 26, 2006 at 3030 Plaza Bonita Rd, NC, CA 91950 Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Christiansen Amusements to conduct a carnival in the Plaza Bonita mall parking lot #1. The event will include carnival rides, food booths, games of skill and a candy wagon. Please see attachment. The event dates are as follows: Setup dates: February 14, 2006 8:00 a.m. Event: February 17 to February 26, 2006 Hours: Mon — Thurs . 5 p.m. — 10 p.m. Fri. 5 p.m. — 11 p.m. Sat. 1 p.m. — 11 p.m. Sun. 1 p.m. — 10 p.m. Teardown: February 27, 2006 8:00 p.m. Alcohol will not be sold and carnival security will provide crowd control. Environmental Review ___xN/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. Account No. STAFF RECOMMENDATION Approve the Application for a emporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A TTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Christiansen Amusements EVENT: Plaza Bonita Carnival DATE OF EVENT: February 17-26, 2006 TIME OF EVENT: Mon — Thurs . 5 p.m. —10 p.m. Fri. 5 p.m. —11 p.m. Sat. 1 p.m. —11 p.m. Sun. 1 p.m. —10 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: BUILDING & SAFETY 336-4210 Contact the Building and Safety Department for an electrical inspection prior to opening the carnival. POLICE 336-4400 Combination of event contract security and Plaza Bonita Mall Security will suffice. No request or requirement for direct P.D. involvement. Beat officers to be made aware of event and will make periodic appearances as time allows. ENGINEERING No CIP Projects in the events vicinity anticipated as of this date. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. FIRE (619) 336-4550 1. A permit is required to erect a tent having an area in excess of two hundred square feet or a canopy in excess of four hundred square feet, or a combination thereof. Tents and canopies shall be treated with a certified flame retardant and labeled as such. The fee for tent and/or canopy is three hundred forty nine dollars ($349.00) and is issued by the fire department. 2. Emergency access throughout the carnival/booth area is to be maintained at all times. Minimum clear width to be maintained at 20 feet. 3. Fire Department Permit is required to operate a carnival. Permit fee is three hundred forty nine dollars ($349.00). 4. All cooking/food booths to have one 40:BC or K-type fire extinguisher where grease/oil is used in preparation or a byproduct of preparing food. Fire extinguisher to have current State Fire Marshall tag attached. 5. 2-A:10-B:C fire extinguishers required throughout the carnival site with travel distance not to exceed 75 feet. Fire extinguishers to have a current State Fire Marshall Tag attached. 6. A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. 7. Access to Plaza Bonita Shopping Center to be maintained at all times, to all entrances and Fire Department connections for fire sprinkler systems, standpipes, etc Minimum clear width to be maintained at 20 feet, with a minimum vertical clearance of 13 feet 6 inches. 8. Fire hydrants shall not be blocked or obstructed. RISK MANAGER 1. Minimum limits of one million dollars per occurrence of general liability insurance. (Done) 2. That the City Of National City and it's officials, employees, agents and volunteers be named as additional insured on all policies. (Done) 3. Execute standard hold harmless with the Parking Authority as well as The City of National City. (Done) CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) Type of Event: Public Concert Parade Motion Picture Event Title: Fair _ Demonstration _ Grand Opening Festival Community Event Circus Block Party w Other CAANIVAL (n412 goo rrA CAA.MAL Event Location: 3030 PLAZA BONITA+ ltd. up-riONAL crryA g,sf'D Event Date(s): From FC8 * 1 % to F 6c3. Z 6 Total Anticipated Attendance: 300 - 50° 6°T ONE Tr/tie) Month/Day/year z oa 6 (1S*/— Participants) f°tJ"-r,'U2, ,j PO4 -- lO fA^ ( Spectators) Actual Event Hours: am/pm to am/pm Eat SI'm -r! Pi"t) Siftr (i pm ..it lsu..J rpm -10PM) Setup/assembly/construction Date: a -PI Start time: 8;, Please describe the scope of your setup/assembly work (specific details): CARNiV,4 I- (t•De$ Aren.iJiNS MON. 2/r 3 SFr up T 0E5. 2/4' Le-Ac r Foe 1/450.6citod j ?op pfi z/ 17 1'0B Dismantle Date: 2 ^ #04VCompletion Time: B100 am/ List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. ✓ /A Sponsoring Organization: cjai¢.IJ 11ANs6N K/vIuSEAle:AeS Chief Officer of Organization (Name) IZALPi1 6.• CN/LlS.TI,fJSeA) )( For Profit Not -for -Profit Applicant (Name): J'Ac0t? v P Address: Po. 3c>E 947 c4;4> cA. 92,c, 5'3-, 0 7 Daytime Phone: (no) 735- --2 yd Evening Phone: (764 7Y/ - 7Y.C2 Fax: (76'6) Contact Person "on site" day of the event: -t'o h+ 8./1,0 Pik) Pager/Cellular: (et") ;"z 0 2_. NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _YES )c NO Are admission, entry, vendor or participant fees required? X YES _ NO �F If YES, please explain the purpose and provide amount(s): 1 4E14. 64/"Je FGE rur evepc" 146eS 7 40,471 t)cdGrti $ Estimated Gross Receipts including ticket, product and sponsorship sales from $ N/A this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. pLcA,S6 .,i G 41`1 c .j&Ti m'( 1 YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES A. NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event? If yes, please describe: rood / C4WD 1/ AN'D moveLTY. 8O011 YES }C NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. x YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES X. NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES %X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: McS r' P# oD'XI S c oMMeAc24CL7' PAG'AGM ] c»'HCS,S p 4pQr0:$ ru �1Etre1 FtinMRr / �eCyrJ''r If you intend to cook food in the event area please specify the method: GAS X ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: Et- 5 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: /6 - / Describe your plan for clean-up and removal of waste and garbage during and after the event: aa4) CA: E AN Co/ knit';' e Act1 N 6 et i tf2 AIL&L. ()Ai sap ,G''; /tic. (- `Aie,c Fort DA J Ft�l� 4e Please describe your procedures for both Crowd Control and Internal Security: SP Crry vtlgrrrS tHc. curtL PRavin6 G,,A Apo( prtRvL CR��JA� GRD vilDS YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: $ V Security Organization Address: Cn•� CINNTS /NC, '7E75 cowry Couicr SAN DfUGO C,A. Qylif S % ire 7 Security Director (Name): A A a.2"i 3O it u Suv Phon( SSO 26 i?14F3 X_ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: E c,h 11.4d(' cy GAMf Nos its °oh) L i6t1T016 ►l0 TcMFo:4P•% is US'E Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Frn j� drip P2o viDEod 47 CAA!S NA. c TIC c. Please describe your Accessibility Plan for access at your event by individuals with disabilities: C x.d 070Nsr PAR09 t oT iS t.60 + 0 $i rb'EP AO Arc- 14AN-Dic4'1' Spaces Duna ACc6sx on.. e6 cw-Aa CP Please provide a detailed description of your PARKING plan: -Na' ff i> Mori .14g0 fnpL.F` keg." P44t-1,0 6 iAVAIC rc 91-Q ro iasc >? c'.Jka,ndadAL Pp'zsLo JC tN tut RE"<, atrdf„ SI itt." Please describe your plan for DISABLED PARKING: G> w�Ll [3 use c C)?rfT MJ66 PARk LNG 4 -Do, FG PARk. v, F 1 C Act & y a Am. AO ij Au?) F!c-TA L NA hw406,;;1 J 7f/E'? tA !✓ Atie 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: pLazb4 B(otviTit4 wily N©-s1a'Y Acl -rE ovrrS aNd rcy're.S i,wtu a� AYAILaLE AT /06 C N7t=ILFon GusKp'Gn! APda GomMOM. TY tN{'bzN1Am) NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES i:. NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES '1, NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Ep.riRbNCG. AN-0 op6PfU9 Cam!'S , j4ouaf /Its INPmisu icwaG t�A.4/4ve; C,X.' Revised 08/10/05 5 For Office 'Use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization CWQIST%4404 ePMUSG M6NTS Person in Charge of Activity "Lei"'C• CNQ-151. -C6A) 3136 BERM fifuLt7 IA' • Esc-cocav c a - a-c ¢ Address MAiu p J f V v. -ioti 797 Etc rd.)ot ° CA . q 2v i 3 - c Qo 7 Telephone (a 0) 731' -�5el` Date(s) of Use re- ' 14/ ` 11160N I) 2t° 5 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of A/ppli t% / Official Title For Office Use Only /c 2 l� �5 Date Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? _ Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit It with the TUP Application) Aq Signature 9 / -/5,96- Date 12. 12, 2005 15:17 FAX Z002/002 Westfie[c[ SHOPPINGTOWN PLAZA BONITA S030 Plata Bonita Road. Suite 2075 National City, CA 91950-8007 Telephone 1619) 267-2e60 Facsimile (6191 472-5652 December 12, 2005 Kathleen Trees Building & Safety Director City of National City Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 RE: TEMPORARY USE PERMIT CHRISTIANSEN AMUSEMENTS Dear Ms. Trees: This letter serves as official authorization for Christiansen Amusements to hold a family carnival on our Westfield Plaza Bonita property located at 3030 Plaza Bonita Road, National City, CA. Christianse-n Amusements is approved to occupy the parking lot on our property from 2/13/06 through 2/28/06 for setup, operation, and removal of the carnival. The actual carnival event is 2/17/06 — 2/26/06. Please call me at 619-267-2850 if you have any questions. Thank you. Sincerely, PLAZA BONITA LP Donna Kudrick Specialty Leasing Manager ACORDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCER Allied Specialty Insurance, Inc. 10451 Gulf Blvd. Treasure Island, FL 33706 1-800-237-3355 INSURED Christiansen Amusements, Inc. P.O. Box 997 Escondido CA 92033 COVERAGES THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED INSURERS AFFORDING COVERAGE DATE (ParoppyYyyy) April 8, 2006 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURER A: T.H.E. Insurance Company INSURER B: NAIC:B INSURER C: INSURER D: INSURER E: THE ANY MAY POLICIES. INSR POLICIES REQUIREMENT, PERTAIN, ADD'L OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSBQ TYPE OF INSURANCE_ POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD40/I POLICY EXPIRATION DATE (MMDD/YY1 LIMITS GENERAL X LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABIUTY DAMAGE TO PREMISES (EaENTED occurence) $ 50,000 '. A CLAIMS MADE ( I OCCUR MED EXP (Any one person) $ M5MT6280 4/1/2005 4/1/2006 PERSONAL SADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY JECT LOC AUTOMOBILE UABIL(TY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X A ALL OWNED AUTOS SCHEDULED AUTOS M5MT6280 4/1/2005 4/1/2006 BODILY person) (Per person) $ H HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR C CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' UABILRY WC STATU- TORY uMLTS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ II yes, describe under E.L. DISEASE - EA EMPLOYEE $ S SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured with respects to operations of the named insured: City of National City and the parking Authority of National City, its officials, employees, agents and volunteers For the dates of February 13 - March 1, 2006 CERTIFICATE HOI r)FA - - ---- N City of National City 1243 National City Blvd. National City, CA 91950 ACORD 25 (2001/09) 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 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (/ © ACORD CO ORATION 1988 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-15-2005 GROUP: POLICY NUMBER: 1553216-2005 CERTIFICATE ID: 125 CERTIFICATE EXPIRES: 08-01-2006 08-01-2005/08-01-2006 WESTFIELD PLAZA BONITA SD JOB:CARNIVAL FEBRUARY 16-26, 2006 3030 PLAZA BONITA RD., SUITE 2075 NATIONAL CITY CA 91950 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 clays advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - RALPH CHRISTIANSEN PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - BARBARA CHRISTIANSEN SEC TRES - EXCLUDED. ENDORSEMENT #1600 - TOM BROWN VICE PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - WILLIAM JACOB VICE PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CHRISTIANSEN AMUSEMENTS, INC 1725 S ESCONDIDO BLVD STE E ESCONDIDO CA 92025 IREV.2-O5) SD [B18,SD] PRINTED : 12-15-2005 Ours &wtxea is Ft/44/ CHRISTIANSEN AMUSEMENTS Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 Plaza Bonita Feb. 17 — 26, 2006 Fri. 2/17 & 2/24 5 pm to 11 pm Sat. 2/18 & 2/25 Sun. 2/19 & 2/26 1 pm to 10 pm Mon. - Thr. 2/20-23 1 pm to l l pm 5 pm to 10 pm Christiansen Amusements was commissioned by Westfield Shoppingtown to conduct small family carnivals at its various shopping centers throughout Southern California in 2001. We annually conduct safe and successful events at Mission Valley Center as well as Plaza Bonita National City. This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provide affordable, safe entertainment for the community and Plaza Bonita customers. Following is a list of rides and games. Not all of the rides and games will be used. The total number selected will depend on the actual layout availability. See the attached plot plan and ride list for details. A) Rides: Adult Rides: Sky Diver, Zipper, Hurricane, Scrambler, Tilt -A -Whirl, Gravitron, Bumper Cars Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-Gator, Lady Bugs, Bumble Bees, Tea Party Non -mechanical: Fun Factory, Inflatable Slide Bounce, Computer Portrait. B) Games: Glass Pitch, Rope Ladders, Derby Race, Water Race, Grab Bag, Milk Can, Balloon Dart, Mini - Basketball, Long Range Basketball, Hi -Striker, Ring Toss, Stop Sign, others. Christiansen Amusements has made standard policy for the these events the following elements which help make for a safe, enjoyable event for all who attend: 1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the only way into the carnival. This prevents random, uncontrolled access to and from the event. 2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards patrol the grounds of the carnival throughout all open hours to insure safe and proper activity. Christiansen Amusements also has staff and supervisors that serve a security and control function. One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance are usually limited to a few hundred people at a time and a few thousand people total over the 30-hour weekend event. This means that with the exception of the two or three busy hours Friday and Saturday evenings, crowds and parking and traffic flow are easily monitored and controlled. Christiansen Amusements knows that safety is the single most important element we must provide at our carnivals and we address the issue seriously, professionally and effectively. We will take every precaution necessary at Plaza Bonita to assure a safe and enjoyable atmosphere for everyone. • WPA WE5CIINF.4 S ASSOCIATION P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com 0 . MEm Rc Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 syFfs Asso``!�� Westfield Plaza Bonita Carnival Feb. 17-26, 2006 Christiansen Amusements P.O. Box 997, Escondido 92033 Bill Jacob (760) 735-8542 Fax (760) 735-8543 info©amusements.com Carnival site 4 Christiansen Amusements P.O. Box 997 Escondido, Ca. 92033-0997 (760) 735-8542 (760) 735-8543 fax Thr. 5pm to 10pm Mon. 5pm to 11pm Westfield Shopping Town 3030 Plaza Bonita Rd. Fri. 5pm to 11pm Tue. 5pm to 11pm National City, Ca. 91950 Sat. 1pm to 11pm Wed. 5pm to 11pm Sun. 1pm to 10pm Emergency Exit Office an Scooters 4.0 0 i4 3 6' ft. temp. fence Landscaped curbs C' Ticket box fa 3 r, Fire Zone Crow's nest I Generator Date: Feb. 17-26, 2006 I I 4strJom4 I I i ent4r Ga mes Line Up Games Emergency Exits posted on Plot Plan. Distance of Features to Perimeter minimum of 20' Map S 2 of 2 'e 0 e, Christiansen Amusements Westfield Plaza Bonita 3030 Plaza Bonita Road, National City, Ca. 91950 Feb. 17-26, 2006 Ride List 1. Gravitron 2. Hurricane 3. Kamikaze 4. Octopus 5. Scooter 6. Scrambler 7. Sky Diver 8. Tilt -A -Whirl C-175 (48' x 56') 9. Zipper 10. Bumble Bees C-183 11. Go-Gator 12. Hampton Cars 13. Hampton Cycles 14. Lady Bugs 15. Merry -Go -Round 16. Tea Party Non -Mechanical 17. Fun Factory (50'x 20') 18. Giant Slide Inflatable (35'x 60') Computer Portrait (20'x 12') Food/Candy Wagon (16'x 30') All rides DOSH approved. Bold C#'s are Major Rides. Electrical system meets NEC code Article 525. Rides and games limited to space and availability and subject to change. Measurements (width x depth) • WA WESTERN FAIRS ASSOCIATION C-10969 (60'x 50') C-17378 (60') C-17222 (60'x 24') C-179 (63') C-13577 (48'x 60') C-180 (60') C-178 (32'x 60') C-4787 (60') (40') C-6636 (50') C-7102 (30'/60') C-7101 (30'/60') C-4016 (24') C-174 (36') C-17188 (36') Game List Balloon Dart (24'x 24') Bean Bag (29'x 21') Buoy Toss (15'x 15') Cat Punk Rack (21'x 21') Derby Race (30'x 15') Ducks (15'x 15') Glass Pitch (33'x 18') Goblets (16'x16') Hi -Striker (12'/22'x 12'/22') Long Range Basketball (12'x 20') Machine (BB) Guns (30'x 15') Mini -Basketball (16'x 20') One Ball (21'x 21') Rainbow Pitch (16'x 16') Ring Toss (16'x 16') Rope Ladders (33' x 30') Tubs (16'x 20') Unball (33' x 18') Water Race (30'x 15') P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE JANUARY 3, 2006 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER #24 PREPARED BY DEPARTMENT Finance City Manager EXPLANATION Lin Wurbs 619-336-4240 Ratification of Warrant Register #24 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: v""-- Finance ( ector Account No. STAFF RECOMMENDATION 1 recommend ratification of these warrants for a total of $ 582,454.59 BOARD / COMMISSION RECOMMENDATN ATTACHMENTS ( Listed Below ) 1. Warrant Register #24 2. Workers Comp Warrant Register dated 12/07/05 3. Resolution No. A-200 (9;99) Payee ACCOUNTEMPS ACCOUNTEMPS ACCOUNTEMPS ACEDO AMERICAN ROTARY BROOM CO., I ARENA GROUP 2000 BERRYMAN & HENIGAR BOHDAN & DOUCETTE LLP BOOT WORLD BUTLER'S MILL, INC. ,I;AL-OSHA REPORTER CALIFORNIA COMMERCIAL SECUR CDWG CH BONITA, LLC CINGULAR WIRELESS CINGULAR WIRELESS CITY OF SAN DIEGO CITY TREASURER 5 CITY TREASURER SD COLLINS STRATEGIC GROUP, INC. CONSTRUCTION ELECTRONICS IN CORPORATE EXPRESS COUNTY OF SAN DIEGO DAILY JOURNAL CORPORATION DANIEL PEARCE/ RPM WELDING DAPPER TIRE COMPANY City of National City WARRANT REGISTER # 24 12/13/05 Description chk no TEMP SRVCS REBELEZ MARY-JO W/E 11/08/05205561 TEMP SRVCS REBELEZ MARY-JO W/E 11/25/05205562 TEMP SRVCS PATRICK MORRIS W/E 11/25/05 205563 REIMB/SANTA BREAKFAST AT MLK 12/03/05 205564 MOP 62683 -SWEEPER REPAIR 205565 TEEN EXTREME OUTING-HARLEM GLOBETR1205566 ONE TIME IMPLEMENTATION OF BERRYMAI' 205567 PROFESSIONAL SERVICES THROUGH NOV 20' 205568 MOP 64096 SAFETY BOOTS - CHAVEZ 205569 MOP 45695 - IRRIGATION PARTS MEMBERSHIPS & SUBSCRIPTIONS MOP 45754 - KEY FOR UNIT #428 205570 205571 205572 HP LASERJET PRINTER- RPLC CK#204089 205573 REFUND OVRPMT OF IMPACT FEES-CONCOR1205574 DATA/VOICE SRVC #0045535344 DATA/VOICE SRVC #043-741264 ARJIS COSTS-JPA COSTS JUL2005-JUN2006 IND WASTE PERMIT/FY 05 IND WASTE MONITORING/FY 05 CPRC CONSULTANT 205575 205576 205577 205578 205579 205580 DEC 2005 MAINT OF KEY CARD SYSTEM SECI205581 MOP 45704.OFFICE SUPPLIES PERMIT RENEWAL/FIRE STATION #31 ANNUAL SUBSCRIPTION RENEWAL MOP 45749 - VAC TRUCK REPAIRS TIRES FOR CITY FLEET FOR FISCAL YEAR 205582 205583 205584 205585 205586 chk date amount 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 12/13/05 1,480.00 888.00 815.04 100.00 593.00 277.00 10,000.00 7,182.50 106.65 73.15 427.00 5.39 2,840.32 38,350.00 2,528.05 26.38 63,554.50 3,614.33 2,058.00 3,575.00 843.55 12/13/05 243.78 12/13/05 290.00 12/13/05 12/13/05 12/13/05 689.60 296.55 139.24 1 City of National City WARRANT REGISTER # 24 12/13/05 Payee DEPARTMENT OF TRANSPORTATIO DIXIELINE LUMBER CO. DURRA INK FIRE ETC GEORGE H WATERS NUTRITION CN HONEYWELL INC. IIMC IRON MOUNTAIN RECORDS MGMT JANIKING OF CALIFORNIA INC KILLACKY, KEVIN KLEINFELDER, INC. LA CASA LIQUOR LASER SAVER INC LOPEZ MASONS SAW & LAWNMOWER SR MINUTEMAN PRESS MUNICIPAL AUDITING SERVICES NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY DETAIL SHOP NATIONAL EMBLEM INC NEXTEL COMMUNICATIONS PACIFIC AUTO REPAIR PARKER NEWS SERVICE PERRY FORD PERVO TRAFFIC CENTER PLANET BIDS, INC. Description HIGHWAY LIGHTING FOR OCT 2005 MOP 45707 - STOCK MOP 46766- BUSINESS CARDS chk no 205587 205588 205589 HOT SHIELD BRAND DISPOSABLE FILTERS F(205590 CATERING/SANTA BREAKFAST AT MLK 12/03205591 CONTRACT MAINT SRVCS JAN 2006-MAR 200(205592 ANNUAL IIMC MEMBER FEE THROUGH 12/31 / 205593 STORAGE FEES FOR DECEMBER 2005 205594 NOV 2005 JANITORIAL SRVCS FOR STATION# 205595 EDUC REIMBURSEMENT/KILLACKY OCT 2005 SRVCS-MUNI POOL RENOVATION REFUND BUSINESS LICENSE APPLICATION MOP 45725 TONERS INTERPRETATION SRVCS ON 12/06/05 MOP 45729 - CLAMPS MOP 47939 RETURN ENVELOPES 205596 205597 205598 205599 205600 205601 205602 DISCOVERY UNLICENSED BUSINESS LICENS1205603 MOP 45735 WIPER BLADES NOV 2005 CAR WASHES FOR CITY FLEET MOP 45737 - DETAIL #345 POLICE PATCH. PATTERN #099222-00. 8 205604 205605 205606 205607 WIRELESS SRVC #481082028 205608 SMOG CHECKS FOR CITY VEHICLES 205609 MEDIA-"NCPD POLICE TRAIN W/ TIJUANA PD205610 MOP 45703 - AIGNMENT #345 205611 205612 205613 MOP 63846 - MARKER ONE-TIME SETUP FEE FOR PLANET BIDS chk date amount 12/13/05 3,430.52 12/13/05 633.53 12/13/05 88.83 12/13/05 900.79 12/13/05 235.00 12/13/05 18,036.75 12/13/05 125.00 12/13/05 100.00 12/13/05 175.00 12/13/05 140.00 12/13/05 4,224.50 12/13/05 864.80 12/13/05 666.70 12/13/05 240.00 12/13/05 50.77 12/13/05 290.63 12/13/05 4,751.50 12/13/05 103.16 12/13/05 360.00 12/13/05 65.00 12/13/05 2,715.28 12/13/05 61.30 12/13/05 - 375.00 12/13/05 43.10 12/13/05 100.00 12/13/05 1,546.30 12/13/05 10,000.00 2 City of National City WARRANT REGISTER # 24 12/13/05 Payee Description PRUDENTIAL OVERALL SUPPLY MOP 45742 - UNIFORMS - EQUIPMENT PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12-05-3 REED CONSTRUCTION DATA COST WORKS BOOKS RON BAKER CHEVROLET-GEO-ISU MOP 45751 - TANK SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SBC/MCI SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE, IN THE LIGHTHOUSE, INC. THE STAR NEWS J.S. HEALTHWORKS VERIZON WIRELESS WEST GROUP PAYMENT CENTER WESTERN GRAPHICS WESTFLEX INDUSTRIAL CAPF CALIFORNIA LAW ENFORCEMENT DELTA DENTAL FORTIS BENEFITS FORTIS BENEFITS INSURANCE CO FORTIS BENEFITS INSURANCE CO FORTIS BENEFITS INSURANCE CO HEALTH NET HEALTH NET HEALTH NET 3EALTH NET ELECTRIC BILL/STREET#27985377588 ELECTRIC BILL/STREET#87271426986 VOICE AND DATA #339-342-2741-822 MOP 45758 - DIESEL TRAFFIC SIGNAL, STREET LIGHTING MOP 45726 - CIRCUIT BREAKER PROOF OF PUBLICATION ORDINANCE 2276 205624 WC CLAIM COSTS/MEDICAL EXAMINATIONS 205625 MOBILE SRVCS FOR CITY USERS 205626 THOMSON-WEST OCT 21 - NOV 20, 2005 NEWSLETTER MAILING MOP63850 ROLLER GUIDE 4 CAMEL MIDMNT 205629 FIRE/LTD DEC 2005 PD/LTD DEC 2005 DENTAL INS DEC 2005 VTL DEC 2005 MGMT/LTD DEC 2005 LIFE INS DEC 2005 STD/LTD DEC 2005 HEALTH INS DEC 2005 57135A HEALTH -ELECT INS DEC 2005 85027A HEALTH-RET INS 57135F DEC 2005 HEALTH-RET INS 571357 DEC 2005 chk no chk date amount 205614 12/13/05 152.38 205615 12/13/05 63,743.50 205616 - 12/13/05 154.94 205617 12/13/05 60.06 205618 12/13/05 46.25 205619 12/13/05 25.01 205620 12/13/05 456.33 205621 12/13/05 382.98 205622 12/13/05 6,691.59 205623 12/13/05 23.72 12/13/05 614.99 12/13/05 223.70 12/13/05 4,057.59 205627 12/13/05 1,733.75 205628 12/13/05 3,147.39 12/13/05 130.92 205630 12/13/05 640.00 205 631 12/13/05 1,618.50 205632 12/13/05 15,136.51 205633 12/13/05 2,357.83 205634 12/13/05 3,585.17 205635 12/13/05 2,026.56 205636 12/13/05 7,795.21 205637 12/13/05 62,235.85 205638 12/13/05 2,857.11 205639 12/13/05 1,519.61 205640 12/13/05 571.80 City of National City WARRANT REGISTER # 24 12/13/05 Payee HEALTH NET HINDERLITER DE LLAMAS & ASSO KAISER FOUNDATION HEALTH PLA KAISER FOUNDATION HEALTH PLA DELTACARE (PMI) HEALTH DIMENSIONS SEE'S CANDIES ARCO GASPRO PLUS AT SYSTEMS WEST INC AVAYA, INC BEARCOM BRIDGESTONE/FIRESTONE, INC. CALIFORNIA COMMERCIAL SECUR CINTAS CORPORATION #694 CUMMINS CAL PACIFIC, LLC DIXIELINE LUMBER CO GREAT AMERICAN INSURANCE CO 7ANKOVICH COMPANY LASER SAVER INC METROPOLITAN TRANSIT SYSTEM MYERS TIRE SUPPLY COMPANY NEW FLYER PARTS PRUDENTIAL INSURANCE RADIOS4YOU INC. SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO FRICTION PROD. SBC Description HEALTH-RET INS 85027B DEC 2005 CONTRACT SRVCS SALES TAX 4TH QUARTEF205642 KAISER INS ACTIVE DEC 2005 KAISER INS RETIREES DEC 2005 DENTAL INS PMI DEC 2005 ANNUAL HEALTH EXPO EMPLOYEE PROMOTIONAL OFFER- CITY WIL205647 FUEL FOR STAFF VEHICLES MONEY TRUCK - DEC. '05 PHONE AGREEMENT 11/02/05 - 12/01/05 NEXTEL RADIO REPAIR TIRES - OCT. '05 REMOVED OLD PELCO MAINT LAUNDRY SERVICE BUS PARTS AS NEEDED FOR FY06 SHOP SUPPLIES WORKERS COMP INSURANCE DIESEL FUEL TONER FOR PRINTER TELE INFO LINE - NOV. '06 SHOP SUPPLIES AS NEEDED FOR FY06 BUS PARTS AS NEEDED FOR FY06 LIFE INSURANCE - DEC.2005 SOLAR DYNAMO RADIOS-RPLC CK#204575 WASTE REMOVAL BUS PARTS AS NEEDED FOR FY06 PHONE 11/05/05 - 12/04/05 chk no chk date amount 205641 12/13/05 118.19 12/13/05 3,149.19 205643 12/13/05 98,128.08 205644 12/13/05 545.52 205645 12/13/05 3,525.01 205646 12/13/05 700.00 12/13/05 650.30 205648 12/13/05 464.50 205649 12/13/05 384.95 205650 12/13/05 7.61 205651 12/13/05 100.00 205652 12/13/05 3,474.87 205653 12/13/05 142.50 205654 12/13/05 374.68 205655 12/13/05 164.41 205656 12/13/05 21.94 205657 12/13/05 16,155.92 205658 12/13/05 15,453.63 205659 12/13/05 487.73 205660 12/13/05 2,267.89 205661 12/13/05 527.16 205662 12/13/05 229.45 205663 12/13/05 246.45 205664 12/13/05 249.75 205 665 12/13/05 190.00 205666 12/13/05 758.45 205667 12/13/05 286.72 4 City of National City WARRANT REGISTER # 24 12/13/05 Payee SOUTH COAST MEDICAL CLINIC TARULLI TIRE INC.-SAN DIEGO THE HOME DEPOT CRC W.W. GRAINGER, INC. BAYSHORE TRANSIT MGMT INC Description PRE -EMPLOYMENT DRUG SCREEN TIRE FEE CHAIN FOR SAW CABINET SHELVES PAYROLL CK DTD 12/02/05 chk no chk date amount 205668 12/13/05 144.00 205669 12/13/05 2,764.59 205670 12/13/05 29.07 205671 12/13/05 220.86 205672 12/13/05 45,319.91 Workers compensation checks Total $ 570,593.07 10896 12/7/05 774.97 10897 12/7/05 781.28 10898 12/7/05 37.00 10899 12/7/05 204.22 10900 12/7/05 293.84 10901 12/7/05 252.32 10902 12/7/05 200.91 10903 12/7/05 344.46 10904 12/7/05 1,867.45 10905 12/7/05 424.48 10906 12/7/05 32.30 10907 12/7/05 9.52 10908 12/7/05 5,761.43 10909 12/7/05 162.51 10910 12/7/05 714.83 Total $ 11,861.52 Payee City of National City WARRANT REGISTER # 24 12/13/05 Description chk no chk date amount Grand Total 582,454.59 *TRANSIT WARRANTS CHECK#205648=205672 25 CHECKS $ 90,467.04 City of National City WARRANT REGISTER#24 12/13/05 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 125 SEWER SERVICE FUND 230 ABANDONED VEHICLE ABATEMENT 253 RECREATIONAL ACTIVITIES FUND 280 AMERICORPS/CNCS YEAR 2 GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 303 CAPITAL FACILITIES FUND 325 Development Impact Fees 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENA 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVI 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 723 PROMO ITEMS FOR EMPLOYEE BEN 724 COBRA/RETIREE INSURANCE TOTAL 348,105.73 179.80 5,983.92 -125.76 335.00 -1.44 1,332.73 18,779.23 4,224.50 38,350.00 90,467.04 18,522.82 12,512.22 -128.30 20,843.55 2,645.02 7,129.65 6,772.76 2,591.24 650.30 3,284.58 582,454.59 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 3rd DAY OF JANUARY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE JANUARY 17, 2006 15 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #25 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #25 per Government Section Code 37208. CEnvironmental Review N/A (-Financial Statement Not applicable. Approved By: Finarte6Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,911,109.62 BOARD / COM MISSION RECO MENDATI N ATTACHMENTS ( Listed Below ) 1. Warrant Register #25 2. Workers Comp Warrant Register dated 12/14/05 3. Payroll Register dated 12/14/05 Resolution No. A-200 i9:99) ram HCI, INC. THE VIDEO STORE SHOPPER THOMSON GALE U.S. POSTMASTER XEROX CORPORATION ADDELEMAN ALLEN ALTON AMAZON.COM CREDIT MEDEN ARCHER AYRES SUITES ONTARIO BARBEE City of National City WARRANT REGISTER # 25 12/20/05 chk no chk date amount FIBER OPTIC CONNECTION FROM CITY HALL 200168 12/20/05 7,324.70 MARCO YIE & HEARNE BUILDERS CONSTRUCTION OF NATIONAL CITY FIRE 200169 12/20/05 342,035.74 CITY OF ESCONDIDO CMRTA MEETING-C MOORE & C PALAZO 205673 12/15/05 40.00 AMAZON.COM CREDIT BOOKS 205674 12/20/05 56.52 BAKER & TAYLOR BOOKS 205675 12/20/05 3,102.29 BARAHONA CENTER BOOKS 205676 12/20/05 536.00 BRODART AUTOMATION CONTRACT SERVICES 205677 12/20/05 4,358.48 CHECKPOINT SYSTEMS, INC. MATERIALS & SUPPLIES 205678 12/20/05 17.24 CITY OF NATIONAL CITY BOOKS(OUT OF STATE SALES TAX) 205679 12/20/05 8.02 T?ELANEY EDUCATIONAL BOOKS(IMLS GRANT) 205680 12/20/05 3,797.09 vREENWOOD PUBLISHING GROUP BOOKS 205681 12/20/05 14.52 NATIONAL GEOGRAPHIC SOCIETY BOOKS 205682 12/20/05 16.83 OFFICE SUPPLIES PLUS MATERIALS & SUPPLIES 205683 12/20/05 148.68 OMNIGRAPHICS, INC. BOOKS 205684 12/20/05 56.26 SAN DIEGO COUNTY OFFICE OF EL CONTRACT SERVICES 205685 12/20/05 160.00 205686 12/20/05 87.61 205687 12/20/05 1,625.66 205688 12/20/05 444.00 205689 12/20/05 408.03 205690 12/20/05 361.40 205691 12/20/05 259.40 205692 12/20/05 82.24 205693 12/20/05 130.00 205694 12/20/05 83.64 205695 12/20/05 252.73 205696 12/20/05 2,699.03 205697 12/20/05 176.11 Description PHOTOGRAPHIC SUPPLIES BOOKS U.S. POSTMASTER CONTRACT SERVICES TRAVEL TRAVEL (LIT. INIT. XIV) TRAVEL INST. SUPPLIES (LIT. SVCS. Y-3) TRAVEL (AMERICORPS CNCS Y2) TRAVEL (LIT INIT XIV) TRAVEL(PRIME TIME Y-2) TRAVEL (LIT. INIT. XIV) BARRINGTON BAUTISTA BECKER BELL BHASKARAN CARLA CAMPBELL LEHN CAROLE TALAN CHOW CHRISTENSEN CINGULAR WIRELESS CITY OF NATIONAL CITY CITY OF SANTA CLARA TRAVEL (LIT. INIT. XIV) TRAVEL (AMERICORPS/CNCS Y2 TRAVEL (PRIME TIME/LSTA Y2 TRAVEL (AMERICORPS/CNCS Y2) TRAVEL (LIT. INIT. XIV) TRAVEL (AMERICORPS/LSTA Y3) TRAVEL (LIT. INIT. XIV) TRAVEL (PRIME TIME YR 2) TRAVEL (PRIME TIME YR 2) TELEPHONE (WINGS) INST MATS (LIT INIT XIV - SALES TAX) EXPERT SERVICES (LIT. INIT. XIV) CLARION HOTEL SAN JOSE AIRPO] TRAVEL (LIT INIT XIV) COUNTRY SIDE SUITES TRAVEL(PRIME TIME Y-2) CRUZ TRAVEL (LIT.INIT. XIV) CURLEY TRAVEL DEERING TRAVEL DEL NORTE COUNTY PUBLIC LIBR TRAVEL (PRIME TIME YR 2) DEVRIES DIAZ DILLE DOLS EASTMAN EHRICH ELLIOTT ESTREICHER EVERETT FEDEX KINKO'S FESTEJO FLEMING FLORES FRANCES WIT T 1AMS HOUSER GLENDORA PUBLIC LIBRARY GREAT START 5 TRAVEL (LIT INIT XIV) TRAVEL TRAVEL (PRIME TIME YR 2) TRAVEL(PRIME TIME Y-2) TRAVEL/MAT & SUPPLIES (LIT INIT XIV) TRAVEL (LIT. INIT. XIV) TRAVEL (PRIME TIME YR 2) TRAVEL (PRIME TIME YR 2) TRAVEL (PRIME TIME YR 2) POSTAGE (LIT INIT XIV) TRAVEL TRAVEL (PRIME TIME YR 2) TRAVEL (PRIME TIME YR 2) TRAVEL (LIT INIT XIV) TRAVEL (LIT. INIT. XIV) INSTRUCTIONAL SUPPLIES (WINGS) 205698 12/20/05 369.67 205699 12/20/05 74.80 205700 12/20/05 226.30 205701 12/20/05 33.32 205702 12/20/05 322.02 205703 12/20/05 36.85 205704 12/20/05 237.78 205705 12/20/05 236.90 205706 12/20/05 78.57 205707 12/20/05 85.05 205708 12/20/05 8.31 205709 12/20/05 3,500.00 205710 12/20/05 2,323.00 205711 12/20/05 3,761.61 205712 12/20/05 1,043.99 205713 12/20/05 66.17 205714 12/20/05 13.60 205715 12/20/05 1,598.70 205716 12/20/05 417.74 205717 12/20/05 44.89 205718 12/20/05 484.29 205719 12/20/05 196.90 205720 12/20/05 159.29 205721 12/20/05 254.83 205722 12/20/05 46.43 205723 12/20/05 207.59 205724 12/20/05 238.13 205725 12/20/05 88.33 205726 12/20/05 219.90 205727 12J20/05 176.90 205728 12/20/05 41.82 205729 12/20/05 820.77 205730 12/20/05 134.00 205731 12/20/05 86.09 2 SANO GUENTER TRAVEL (PRIME TIME YR 2) 205732 12/20/05 160.90 HAMBLY TRAVEL (LIT TIT XIV) 205733 12/20/05 79.66 HEDGPETH TRAVEL 205734 12/20/05 183.76 -CKEY TRAVEL (LIT TIT XIV) 205735 12/20/05 291.16 HINE TRAVEL (PRIME TIME YR 2) 205736 12/20/05 66.44 HUSON TRAVEL 205737 12/20/05 139.13 INLAND LIBRARY SYSTEM EXPERT SERVICES 205738 12/20/05 3,500.00 JENSEN EXPERT AND CONSULTANT(LITERACY SERVS. 3 205739 12/20/05 150.00 KREISLER TRAVEL 205740 12/20/05 160.90 KUSKT TRAVEL (PRIME TIME YR 2) 205741 12/20/05 144.90 LITERACY VOLUNTEERS HBPL TRAVEL (LIT. INIT. )(IV) 205742 12/20/05 147.76 LITERACYWORKS CONTRACT SERVICES(AMERICORPS LSTA, Y-3) 205743 12/20/05 8,211.57 LOUISIANA ENDOWMENT FOR EXPERT SERVICES (PRIME TIME YR 2) 205744 12/20/05 15,000.00 LUNDQUIST TRAVEL (LIT INIT XIV) 205745 12/20/05 465.20 LYNN TRAVEL (LIT. INTL XIV) 205746 12/20/05 206.65 MACIAS TRAVEL (PRIME TIME YR 2) 205747 12/20/05 186.90 MANELA TRAVEL 205748 12/20/05 222.09 ivIARISCAL TRAVEL (LIT. INIT. XIV) 205749 12/20/05 182.76 MCCORMICK TRAVEL (LIT. INIT. XIV) 205750 12/20/05 353.52 MILLER TRAVEL (LIT. INIT. XIV) 205751 12/20/05 7.00 MOORE TRAVEL 205752 12/20/05 80.18 NEDER TRAVEL (LIT. INIT. XIV) 205753 12/20/05 27.37 NINNIS TRAVEL (AMERICORPS/CNCS Y2 205754 12/20/05 163.20 O'HARA TRAVEL(LIT INIT. XIV) 205755 12/20/05 2,662.80 OXFORD UNIVERSITY PRESS INSTRUCTIONAL SUPPLIES ((LIT. SVCS. Y3) 205756 12/20/05 881.19 POWELL TRAVEL (LIT INIT XIV) 205757 12/20/05 43.90 RAMOS TRAVEL (AMERICORPS/CNCS Y2) 205758 12/20/05 129.88 RIOS MATERIALS & SUPPLIES (LIT SERVICES YR 3) 205759 12/20/05 86.95 ROBERTS TRAVEL (LIT INIT XIV) 205760 12/20/05 44.59 ROBINSON TRAVEL 205761 12/20/05 30.60 OSS TRAVEL (AMERICORPS/CNCS Y2) 205762 12/20/05 27.88 SAKAMOTO-JAHNKE TRAVEL (PRIME TIME YR 2) 205763 12/20/05 463.66 SALYER TRAVEL (AMERICORPS CNCS YR2) 205764 12/20/05 69.60 TRAVEL (AMERICORPS CNCS YR 2) 205765 12/20/05 29.92 SARMIENTO SAWMILL SCHUKLE SEAWRIGHT SMART & FINAL SORENSEN TRAVEL (PRIME TIME, YR 2) TRAVEL (PRIME TIME YR 2) TRAVEL (LIT INIT XIV) TRAVEL (LIT INIT XIV) INSTRUCTIONAL MAT (LIT SERVICES YR 3) TRAVEL (AMERICORPS CNS Y2) STRATEGIC RESOURCE COMPANY EXPERT SVCS. (AMERICORPS/CNCSY-2) WEAVER WILLIAMS WILLIAMS WILMETH TRAVEL (PRIME TIME YR 2) EXPERT SERVICES (LIT INIT XIV) TRAVEL (LIT.INIT. XIV) TRAVEL WOODLAND PUBLIC LIBRARY TRAVEL/MAT & SUPPLIES (LIT INIT XIV) WRIGHT YOUNG ZIXRATCH ACCOUNTEMPS ACCOUNTEMPS TRAVEL (LIT INIT XIV) TRAVEL (AMERICORPS LSTA YR 3) TRAVEL(LIT. INIT. XIV) TEMP SRVCS REBELEZ MARY-JO W/E 12/02/05 TEMP SRVCS PATRICKMORRIS W/E 12/02/05 ACE UNIFORMS & ACCESSORIES,I1 UNIFORMS FOR PRO AND PEO ALCEM FENCE CO., INC, ARCO GASPRO PLUS BANK OF AMERICA BCM MECHANICAL INC. BDS ENGINEERING INC BEACON FIRE & SAFETY, LP BEST BEST & KRIEGER LLP BISHOP BOOT WORLD CITY FENCE AND WALL REPAIRS AS NEEDED FUEL FOR CITY FLEET TRAVEL ARRANGEMENTS FOR MAYOR INZUNZ, MAINTENANCE OF HVAC FOR CITY HALL DATA CIVIL ENGINEERING DESIGN SERVICES 9 EXTINGUISHERS - ANNUAL MAINTENANCE LIABLITY CLAIM COSTS-RENEE LOVE VS CNC REIMB TIJUANA TOY RUN ON DEC 11, 2005 MOP 64096 - BOOTS - LOPEZ CALIFORNIA COMMERCIAL POOL OCT 2005 SRV CS-MUNI POOL IMPRVMTNS CARQUEST AUTO PARTS CHOICEPOINT CINGULAR WIRELESS CITY OF NATIONAL CITY COMFORT INN CORPORATE EXPRESS MOP 47557 - PUMP AUTO TRACK DATABASE - UNLIMITED ACCESS WIRELESS DATA/VOICE SRVC #043-980300 PETTY CASH ADV LODGING-LANNY ROARK IN CARDIFF MOP 45704 OFFICE SUPPLIES 205766 12/20/05 49.76 205767 12/20/05 204.90 205768 12/20/05 133.10 205769 12/20/05 41.92 205770 12/20/05 13.77 205771 12/20/05 55.38 205 772 12/20/05 1,456.00 205773 12/20/05 214.24 205774 12/20/05 4,409.70 205775 12/20/05 316.74 205776 12/20/05 76.20 205777 12/20/05 183.43 205778 12/20/05 170.05 205779 12/20/05 27.54 205780 12/20/05 228.45 205781 12/20/05 1,480.00 205782 12/20/05 1,358.40 205783 12/20/05 713.16 205784 12/20/05 1,420.00 205785 12/20/05 10,128.24 205786 12/20/05 556.97 205787 12/20/05 701.00 205788 12/20/05 6,273.70 205789 12/20/05 162.00 205790 12/20/05 9,670.00 205791 12/20/05 49.80 205792 12/20/05 106.65 205793 12/20/05 294,795.00 205794 12/20/05 51.53 205795 12/20/05 100.00 205796 12/20/05 14.28 205797 12/20/05 944.03 205798 12/20/05 369.00 205799 12/20/05 31.54 4 NATIONAL CITY DETAIL SHOP MOP 45736 - CAR DETAIL NENA NENA 2006 MEMBERSHIP DUES - NORTH PARK TROPHY & AWARD (2X10 BLACK/WHITE COUNTY OF SAN DIEGO PERMIT RENEWAL/GENERATOR 205800 12/20/05 242.00 COUNTY OF SAN DIEGO P W TANKS MONITORING PROJECT 205801 12/20/05 50.00 COUNTY OF SAN DIEGO, RCS NOV 2005 RCS RADIO SRVC & MAINT 205802 12/20/05 8,718.50 vIAX ENGINEERING INC NOV 2005 SRVCS-STORM WATER SRVCS 205803 12/20/05 30,554.00 DAPPER TIRE COMPANY TIRE, GOODYEAR 205804 12/20/05 2,064.69 DAY WIRELESS SYSTEMS #NMN6193 HT1000 REMOTE SPKRMIC 205805 12/20/05 574.07 DEPARTMENT OF JUSTICE FINGERPRINTING CHARGES FOR NEW CITY 205806 12/20/05 352.00 DOUBLE TREE HOTEL ADV LODGING- JOSE TELLEZ IN SAN DIEGO CA 205807 12/20/05 745.00 DURRA INK NEWSLE 1 1 ER OCTOBER 18,500, 10 PAGE 205808 12/20/05 6,835.00 EAGLE #10 WINDOW ENVELOPES, REFLEX BLUE 205809 12/20/05 638.58 EMPLOYMENT DEVELOPMENT DE UNEMPLYMNT INS REIMB BENEFIT CHARGES 205810 12/20/05 19,624.43 ENVIRONMENTAL BUSINESS JUN 1-OCT 31, 2005 SRVCS-GRNDWTR MONITOR 205811 12/20/05 1,716.52 ESGIL CORPORATION PLAN CHECK SERVICES NOV 2005 205812 12/20/05 25,987.83 EXPRESSTEL LONG DISTANCE SRVCS #24303871 205813 12/20/05 234.91 FISHER SCIENTIFIC COMPANY 17-987-275D. BRADY NO. 65666. BRADY 205814 12/20/05 58.40 FROMEX PHOTO & STUDIO MOP 67534 PHOTO DEVELOPEMENT 205815 12/20/05 41.55 GEORGE H WATERS NUTRITION CI` CATERING AT CPRC MTG ON 12/10/05 205816 12/20/05 67.50 LOBAL CTI GROUP NETWORK ENGINEERING FOR AD CONVERSION 205817 12/20/05 2,221.82 HIRSCHON REIMB VOICE / DATA SRVCS 11-05 TO 12-05 205818 12/20/05 70.00 IKON O] F10E SOLUTIONS/IOS COPIER METER READINGS 205819 12/20/05 13,498.97 INZUNZA TRVL EXPNS-2005 LATINO NEW URBANISM CON 205820 12/20/05 610.02 JAS PACIFIC, INC. JIM MCCOY BLDG INSPECTOR FEES NOV 2005 205821 12/20/05 7,132.59 JC TOWING JC TOWING/NCPD #0508478 205822 12/20/05 501.72 JEFF KATZ ARCHITECTURE NOV 2005 SRVCS-COUNCIL CHAMBER RENOVAI 205823 12/20/05 3,850.00 LEXIS-NEXIS ONLINE CHARGES FOR NOV 2005 205824 12/20/05 133.33 LEXIS-NEXIS ONLINE CHARGES FOR DEC 2005 205825 12/20/05 69.70 MAN K-9 INC. WEEKLY MAINTENANCE TRAINING, $50.00 PER 205826 12/20/05 800.00 MARCOTTE & HEARNE BUILDERS CONSTRUCTION OF NATIONAL CITY FIRE 205827 12/20/05 40,063.76 MORE DIRECT HP PHOTOSMART PRINTER 205828 12/20/05 156.24 MX LOGIC, INC EMAIL PROTECTION, ANTI-SPAM PROTECTION, 205829 12/20/05 441.00 °` APA AUTO PARTS MOP 45735 - POWER LUBE 205830 12/20/05 62.57 205831 12/20/05 195.00 205832 12/20/05 95.00 205833 12/20/05 161.37 OFFICE TEAM TEMP SRVCS OLSON JOSEPH W/E 11/11/05 205834 12/20/05 1,534.72 PEACE OFFICERS RESEARCH PORAC/PEACE OFFICER RESEARCH ASSOC 205835 12/20/05 70.00 QUALITY MEDIA RESOURCES, INC SEXUAL HARASSMENT TRAINING DEC 2005 205836 12/20/05 500.00 ROARK ADV MEALS/MILEAGE-ROARK MGMT CRSE 205837 I2/20/05 181.40 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#10093014384 205838 12/20/05 26,585.00 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#29728110755 205839 12/20/05 25,723.37 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#98917081416 205840 12/20/05 3,395.58 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#10091911839 205841 12/20/05 1,981.67 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/SEWER#10092646814 205842 12/20/05 83.37 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/SEWER#29491892373 205843 12/20/05 20.99 SAN LEANDRO MARINA INN ADV LODGING-WILLIAM STRASEN /SUPV LDRSH 205844 12/20/05 277.20 SANDPIPA PROPERTY INSURANCE ADDTTNL PREM FY05/06 205845 12/20/05 1,575.00 SBC/MCI VOICE AND DATA #619-474-8857-112 205846 12/20/05 1,369.14 SCHMIDT DESIGN GROUP DEVELOP ARCHITECTURAL PLANS -PARADISE C 205847 12/20/05 1,667.50 SETT ER REFUND CITATION#NC251206043 CORREC1'lD 205848 12/20/05 50.00 SKS INC. CHV SUPREME I0W30 BULK 205849 12/20/05 723.52 SPARKLETTS WATER FOR MAYOR AND CITY COUNCIL OFFICI 205850 12/20/05 17.58 STATE COMPENSATION INS FUND WC CLAIMS/EXPERT & CONSULT SRVCES 205851 12/20/05 6,641.40 STRASEN ADV MEALS/CAR RENTAL-STRASEN/SUPV LDRL 205852 12/20/05 256.00 STRATACOM APPLICATION & PERMIT FORM 205853 12/20/05 580.78 SUN BADGE COMPANY INC. MOP 45761 BADGE REPAIRS, 205854 12/20/05 292.46 SWEETWATER AUTHORITY WATER BILLS/FACILITIES 12 ACCOUNTS 205855 12/20/05 13,464.62 SWEETWATER AUTHORITY WATER BILLS/STREET 10 ACCOUNTS 205856 12/20/05 2,353.92 TELLEZ ADV MEALS/MILEAGE-JTELLEZ/MGMT CRSE 205857 12/20/05 209.00 TETRA TECH ASL, INC. OCT 2005 SRVCS-NC STREET RESURFACING 205858 12/20/05 546.22 TETRA TECH, INC. T&A#850 BETA ST & EUCLID AVE PROJECT 205859 12/20/05 1,365.00 THE LIGHTHOUSE, INC. MOP 45726 - LAMP 205860 12/20/05 28.94 -THE STAR NEWS PROOF OF PUBLCTN/PUBLIC HEARING 12/06/05 205861 12/20/05 215.25 THE STAR NEWS PROOF OF PUBLCTN/PUBLIC HEARING 12/20/05 205862 12/20/05 115.32 THE STAR NEWS LEGAL ADVERTISING OF DEC 19, 2005 205863 12/20/05 84.56 THOMSON HEALTHCARE DMS INC 2006 EDITION PDR 205864 12/20/05 59.95 TURF STAR SPINDLE (STOCK #44-1370) 205865 12/20/05 294.74 UNDERGROUND SERV ALERT UNDRGRND SRVC NEW TICKETS/NOV 2005 205866 12/20/05 156.55 V & V MANUFACTURING ANNIVERSARY PINS 205867 12/20/05 1,621.53 VULCAN MATERIALS COMPANY ASPHALT FOR FISCAL YEAR 2006 205868 12/20/05 2,432.33 WEST GROUP PAYMENT CENTER ON-LINE CHARGES FOR NOV 2005 WESTERN GRAPHICS .LLIAMS YOUNG BAYSHORE TRANSIT MGMT INC BAYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC DHL EXPRESS (USA) INC. DIXIELINE LUMBER CO FEDEX NEWSLETTER, NOV. 2005 RFND PARKING CITAT#NC150727031 DUPLICATE 205871 REIMB FUEL CITY GAS CARD/GRAHAM YOUNG PAYROLL CK DTD 12/16/05 PAYROLL CK DTD 12/16/05 MAINT LAUNDRY SERVICE PAYROLL PPE 12/10/05 - JOSE VASQUEZ PAYROLL PPE 12/10/05 - SHERRY LOGEL BUS PARTS AS NEEDED FOR FY06 SHIPPING CHARGES SHOP SUPPLIES. SHIPPING CHARGES FIRST ADVANTAGE CORPORATIOI` RANDOM DRUG & ALCOHOL SCREENING INDUSTRIAL SUPPLY DISTRIBUTOI GLOVES KIMBALL MIDWEST .vt&M PLASTICS NAPA AUTO PARTS SHOP TOOLS AS NEEDED BUS SIGNS AND DECALS AUTO PARTS NATIONAL CITY PUBLIC LIBRARY LIBRARY CONTRIBUTIONS PPE 12/10/05 NATIONAL INTERSTATE INS CO. LIABILITY INSUR NEXTEL COMMUNICATIONS PETRO-DIAMOND INC. PITNEY BOWES CREDIT CORP PHONE CHARGES 11/10/09 - 12/09/05 DIESEL FUEL POSTAGE EQUIPMENT PRE -PAID LEGAL SERVICES INC PRE -PAID LEGAL - NOV. '05 PRINCIPAL FINANCIAL GROUP 401K PPE 12/10/05 PROCHEM SPECIALTY PRODUCTS : 401 - RECY-KLEEN N.C. 55 GL RIOTEC INDUSTRIAL PRODUCTS 4035-CS24 TRUE. BLUE, CS 2450Z TUBES SAN DIEGO COUNTY SHERIFF SAN DIEGO FRICTION PROD. 'TATE OF CALIFORNIA TARULLI TIRE INC.-SAN DIEGO W.W. GRAINGER, INC. WAYNE ELECTRIC CO PAYROLL PPE 12/10/05 - CHRISTINA RAMOS BUS PARTS AS NEEDED FOR FY06 PAYROLL PPE 12/10/05 - DIANNE BUCKINGHAM TIRES FILTER 878RU REMAN STARTER, 42 MT, OCP 205869 12/20/05 616.15 205870 12/20/05 3,048.84 12/20/05 80.00 205872 12/20/05 63.52 205873 12/20/05 47,908.90 205874 12/20/05 1,949.42 205875 12/20/05 121.04 205876 12/20/05 50.00 205877 12/20/05 23.04 205878 12/20/05 157.16 205879 12/20/05 21.82 205880 12/20/05 102.58 205881 12/20/05 47.76 205882 12/20/05 394.06 205883 12/20/05 158.78 205884 12/20/05 529.52 205885 12/20/05 1,107.51 205886 12/20/05 243.39 205887 12/20/05 29.85 205888 12/20/05 16,632.66 205889 12/20/05 882.94 205890 12/20/05 15,104.13 205891 12/20/05 223.26 205892 12/20/05 852.80 205893 12/20/05 2,687.23 205894 12/20/05 . 466.29 205895 12/20/05 135.00 205896 12/20/05 50.00 205897 12/20/05 817.05 205898 12/20/05 73.36 205899 12/20/05 5,256.40 205900 12/20/05 62.79 205901 12/20/05 242.44 Workers compensation checks Total 1,122,207.63 10911 12/14/05 18.50 10912 12/14/05 14.53 10913 12/14/05 52.97 10914 12/14/05 128.48 • 10915 12/14/05 47.60 10916 12/14/05 122.19 10917 12/14/05 110.40 10918 12/14/05 47.60 10919 12/14/05 50.00 10921 12/14/05 69.19 10922 12/14/05 422.58 10923 12/14/05 61.35 10924 12/14/05 70.36 10925 12/14/05 140.84 10926 12/14/05 170.08 10927 12/14/05 27.84 10928 12/14/05 704.50 10929 12/14/05 265.04 10930 12/14/05 85.29 10931 12/14/05 35.70 10932 12/14/05 29.75 10933 12/14/05 163.75 10934 12/14/05 59.29 10935 12/14/05 194.66 10936 12/14/05 36.34 10937 12/14/05 156.84 10938 12/14/05 170.47 10939 12/14/05 169.14 10940 12/14/05 439.23 10942 12/14/05 416.28 10943 12/14/05 442.96 10944 12/14/05 204.86 PAYROLL Pay period Start Date 269 End Date 11/22/05 12/5/05 Check Date 12/14/05 VOID CHECK#10920 & 10941 LIBRARY WARRANTS CHECK4/205674-205780 TRANSIT WARRANTS CHECK#205873-205901 PAID OUT OF HUD GUARANTEED LOAN FUND ACCT STATION CHECK#200168-200169 10945 12/14/05 83.94 10946 12/14/05 125.54 10947 12/14/05 400.00 10948 12/14/05 457.14 10949 12/14/05 370.00 10950 12/14/05 320.00 10951 12/14/05 761.05 10952 12/14/05 7.48 10953 12/14/05 400.00 10954 12/14/05 30.60 Total 8,084.36 Total 1,130,291.99 Total GRAND TOTAL 107 CHECKS $ 29 CHECKS $ FOR THE CONSTRUCTION 2 CHECKS $ 780,817.63 1,911,109.62 78,699.52 96,331.18 OF THE NEW FIRE 349,360.44 9 001 104 105 108 109 111 120 125 131 136 154 171 172 189 191 196 212 222 230 243 246 250 253 254 273 276 280 283 284 286 287 288 301 302 303 307 348 552 626 627 628 629 630 631 632 633 643 726 City of National City Warrant Register # 25 12/20/05 GENERAL FUND LIBRARY FUND PARKS MAINTENANCE FUND LIBRARY CAPITAL OUTLAY GAS TAXES FUND P.O.S.T. FUND PLAN CHECKING REVOLVING FUND SEWER SERVICE FUND ASSET FORFEITURE FUND TINY TOT CLASSES FUND STATE PUBLIC LIBRARY FUND LIBRARY SCHOOL DISTRICT CNTRCT TRASH RATE STABILIZATION FUND CIVIC CENTER REFURBISHING STOP PROJECT CAPITAL PROJECT RESERVE PERSONNEL COMPENSATION FUND WOW MOBILE GRANT FY 2000-2001 ABANDONED VEHICLE ABATEMENT GRANT PER CAPITA GRANT PROGRAM WINGS GRANT NEW FIRE STATION CONSTRUCTION RECREATIONAL ACTIVITIES FUND LEAD -BASED PAINT HAZARD REDUCTION GRANT CBAG-MAJOR MEXICAN TRAFFICKERS LITERACY SERVICES YEAR 2 AMERICORPS/CNCS YEAR 2 GRANT Inst. of Museum & Library Svcs. Grant Literacy Initiatives XIV LITERACY SERVICES III AMERICORPS LSTA III PRIME TIME II GRANT-C.D.B.G. CDC PAYMENTS CAPITAL FACILITIES FUND PROPOSITION A" FUND STATE GRANT TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SYSTEMS MAINTENANC OFFICE EQUIPMENT DEPRECIATION TELECOMMUNICATIONS REVOLVING GENERAL ACCOUNTING SERVICES UNEMPLOYMENT INSURANCE RESERVE MOTOR VEHICLE SVC FUND ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 635,713.88 33,256.13 17,766.59 5,990.05 4,579.50 1,914.60 33,120.42 55,839.24 145.00 156.82 411.23 1,050.49 1,685.06 3,850.00 1,552.03 1,716.52 0.00 3,547.09 1,415.95 176,722.00 18,853.89 349,360.44 31.72 8,270.33 4,586.99 886.17 4,866.88 3,797.09 23,548.99 1,270.22 9,057.11 27,273.02 9,565.36 55,791.30 118,073.00 5,970.58 1,667.50 96,640.20 58,641.36 25,970.76 21,236.80 5,392.10 14,243.55 4,345.34 16,427.81 19,624.43 23,919.08 1,365.00 1,911,109.62 10 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATNIDAD, 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 17th DAY OF JANUARY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT /FETING DATE FEBRUARY 7, 2006 AGENDA ITEM NO. 16 ITEM TITLE WARRANT REGISTER #26 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #26 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: 7/6 Finance D; ctor Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,066,851.18 BOARD / COMMISSION RECOMMENDATION (aincCvt - e ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #26 2. Workers Comp Warrant Registers dated 12/21/05, 12/28/05 3. Payroll Register dated 12/23/05 A-200 (9, 99) Pavee City of National City WARRANT REGISTER # 26 1/3/06 Description chk no chk date amount 54 NATIONAL SELF STORAGE LLC RENTAL STORAGE #132774/ARCHIBALDO ANGUL 205902 12/22/05 169.00 54 NATIONAL SELF STORAGE LLC RENTAL STORAGE #B2766/DANIEL MENDOZA 205903 12/22/05 146.00 54 NATIONAL SELF STORAGE LLC RENTAL STORAGE #B 1724NERONICA ANGULO 205904 12/22/05 149.00 BANK OF AMERICA CREDIT CARD PAYMENT# 2805 205905 12/23/05 1,243.47 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 12/09/05 205906 1/3/06 1,480.00 ACCOUNTEMPS TEMP SRVCS MARYJO REBELEZ W/E 12/16/05 205907 1/3/06 1,480.00 ACCOUNTEMPS TEMP SRVCS PATRICK MORRIS W/E 12/09/05 205908 1/3/06 1,358.40 ALPHA PROJECT FOR THE HOME) ALPHA PROJECT FOR THE HOMELESS FOR 205909 1/3/06 3,964.26 AMERICAN ROTARY BROOM CO.. MOP 62683 - SWEEPER REPAIR 205910 1/3/06 255.43 BMW OF SAN DIEGO DOOR HANDLE/COVERS FOR CITYVHICLE 205911 1/3/06 84.58 .OYD RETIREE HEALTH BENEFITS JAN 2006 205912 1/3/06 145.00 BUTLER'S MILL, INC. MOP 45695 - GRASS SEED 205913 1/3/06 859.90 C W REED JR RETIREMENT 2000964-S90 FOR JAN 2006 205914 1/3/06 981.51 CALIFORNIA COMMERCIAL SECL MOP 45754 - DOOR HARDWARE LUBRICANT 205915 1/3/06 79.90 CHEVRON USA, INC. MOP 45699 - CITY FUEL 205916 1/3/06 181.08 COMMUNITY MEDICAL TRANSPC REFUND BUSINESS LICENSE OVRPMNT 205917 1/3/06 29.90 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 205918 1/3/06 616.23 DATA TICKET INC OCT 2005 PARKING CITATIONS PROCESSING 205919 1/3/06 2,001.30 DEFRATIS RETIREE HEALTH BENEFITS JAN 2006 205920 1/3/06 120.00 DICERCHIO RETIREE HEALTH BENEFITS JAN 2006 205921 1/3/06 70.00 DOOR -MAN REPAIR DOOR AT SENIOR CENTER 205922 1/3/06 845.00 DREW FORD MOP 49078 - PARTS FOR VEHICLE #406 205923 1/3/06 117.28 DSL EXTREME COMMU COMPUTER PROJ @ EL TOYON 205924 1/3/06 26.16 DURRA INK MOP 46766- BUSINESS CARDS 205925 1/3/06 205.22 .cAGLE #10 WINDOW ENVELOPES, REFLEX BLUE 205926 1/3/06 636.02 EWERT, PHILLIP RETIREE HEALTH BENEFITS JAN 2006 205927 1/3/06 160.00 FEDEX KINKO'S PRT JOB QTY 6200 POSTCARDS 205928 1/3/06 187.05 1 FLEET SERVICES, INC MOP 67804 - ASSEMBLY KIT 205929 1/3/06 216.10 HAMILTON RETIREE HEALTH BENEFITS JAN 2006 205930 1/3/06 100.00 HOLLOWAY, WILLIAM RETIREE HEALTH BENEFITS JAN 2006 205931 1/3/06 150.00 HONEYWELL INC. FILTERS 205932 1/3/06 461.64 KIMBLE RETIREE HEALTH BENEFITS JAN 2006 205933 1/3/06 300.00 LASER SAVER INC MOP 45725 TONER FOR HP 1160 205934 1/3/06 67.77 LOPEZ INTERPRETATION SRVCS ON 12/20/05 205935 1/3/06 162.00 LYNN PEAVEY LAB SUPPLIES 205936 1/3/06 757.50 MAAC PROJECT NOV 2005 LEAD HAZARD CONTROL 205937 1/3/06 42,518.00 MAINTEX, INC. LGE WHITE SUP LOOP MOP 5" HB CS 205938 1/3/06 73.67 MASON'S SAW & LAWNMOWER S MOP 45729 - SHAFT 205939 1/3/06 54.66 MATIENZO RETIREE HEALTH BENEFITS JAN 2006 205940 1/3/06 100.00 MAXIMUS, INC. 2004 FINAL COST ALLOCATION PLAN 205941 1/3/06 14,750.00 MAXIMUS, INC. CITY-WIDE USER FEE STUDY 205942 1/3/06 12,988.11 MCCABE RETIREE HEALTH BENEFITS JAN 2006 205943 1/3/06 280.00 METROCALL PAGING SERVICES AS NEEDED FOR POLICE 205944 1/3/06 780.20 MYERS RETIREE HEALTH BENEFITS JAN 2006 205945 1/3/06 140.00 N & U TRUCKS & AUTO RECYCLE WINDSHIELD GREEN TINT/BLUE SHADE 205946 1/3/06 294.00 N C CHAMBER OF COMMERCE 2006 MEMBERSHIP ACCT 10112/G HOOD 205947 1/3/06 65.00 NAPA AUTO PARTS MOP 45735 - AUTOMOTIVE PARTS 205948 1/3/06 114.19 NOSAL, WILLIAM A. RETIREE HEALTH BENEFITS JAN 2006 205949 1/3/06 921.86 OFFICE TEAM TEMP EMPLOYEE WILLIAMS LEON W/E 12/02/05 205950 1/3/06 1,293.60 OFFICE TEAM TEMP EMPLOYEE JOSEPH OLSON W/E 12/02/05 205951 1/3/06 767.36 ONE SOURCE DISTRIBUTORS MOP 45740 - LIGHT 205952 1/3/06 144.03 P.M. LABS OF NEVADA, INC. LAB SUPPLIES 205953 1/3/06 2,378.53 PALMER CAP-CHUR EQUIPMENT, CHAP-CHUR DART CHARGES, 1-3 CCS, 50 PER 205954 1/3/06 71.62 PARTS PLUS AUTOSTORE #713 MOP 64946 - BELT KIT 205955 1/3/06 70.26 PAW RETIREE HEALTH BENEFITS JAN 2006 205956 1/3/06 340.00 PBS&J PROVIDE ON -GOING SEWER BILL/TAX ROLL 205957 1/3/06 420.00 PERRY FORD PARTS TO REPLACE ENGINISON POLICE 205958 1/3/06 4,393.87 PERVO TRAFMC CENTER MOP 63846 - PAINT 205959 1/3/06 935.43 POTTER RETIREE HEALTH BENEFITS JAN 2006 205960 1/3/06 150.00 POWERSTRIDE BA 11 ERY CO INC MOP 67839 - BA1 1 ERY PRUDENTIAL OVERALL SUPPLY MOP 45742 - UNIFORMS - EQUIPMENT 205961 1/3/06 179.01 205962 1/3/06 563.17 2 PUBLIC EMP RETIREMENT SYSTE SERVICE PERIOD 12-05-4 205963 1/3/06 61,554.60 • QUAL CHEM CORP. ENZYME/CHE LIQUID ALIVE BACTERIA 12 205964 1/3/06 495.48 RAY RETIREE HEALTH BENEFITS JAN 2006 205965 1/3/06 190.00 DN BAKER CHEVROLET-GEO-ISl MOP 45751 - LOCK 205966 1/3/06 52.16 RUIZ RETIREE HEALTH BENEFITS JAN 2006 205967 1/3/06 310.00 SANDOVAL REIMB/MEETING ATTENDED ON 10/25/05 205968 1/3/06 69.29 SHORT, CRAIG RETIREE HEALTH BENEFITS JAN 2006 205969 1/3/06 300.00 SMART & FINAL MOP 45756 X-MAS EVENT SUPPLIES 205970 1/3/06 233.77 SO CAL MUNICIPAL ATHLETIC Fl MEMBERSHIP FEES/SCMAF 205971 1/3/06 75.00 SOUTHERN CALIF TRUCK STOP MOP 45758 - DIESEL 205972 1/3/06 328.01 STARTECH COMPUTERS MOP 61744 D-LINK DSS-5+5P SWITCH 205973 1/3/06 74.66 SUNGARD PENTAMATION INC ASSISTANCE TO REINSTALL ENCOMPASS 205974 1/3/06 600.00 THE LIGHTHOUSE, INC. MOP 45726 - BULBS 205975 1/3/06 33.25 TOM MOYNAHAN MOP 45734 - TOWING UNIT #374 205976 1/3/06 50.00 TYLER TECHNOLOGIES, INC CREATE 2 NEW CHECKS FOR NEW DIVISION - 205977 1/3/06 375.00 U-LINE LAB SUPPLIES 205978 1/3/06 1,352.49 VALLEY INDUSTRIAL SPECIALT➢ CABLE 4 DRAIN CLEANING,FRT SHORT PAID 205979 1/3/06 58.98 ALLEY INDUSTRIAL SPECIALT➢ MOP 46453 - PLUMBING - KIMBALL 205980 1/3/06 245.75 VULCAN MATERIALS COMPANY ASPHALT FOR FISCAL YEAR 2006 205981 1/3/06 135.82 ZIETLOW, DAVID RETIREE HEALTH BENEFITS JAN 2006 205982 1/3/06 150.00 BAYSHORE TRANSIT MGMT INC PAYROLL CHECK DTD 12/30/05 205983 1/3/06 50,188.19 BJ'S RENTALS NATIONAL CITY#3 HOLE CU I 1 hR FOR BUS STOP POLES 205984 1/3/06 55.08 BLUE SHIELD OF CA DENTAL INSUR. - JAN. '05 205985 1/3/06 676.43 BRIDGESTONE/FIRESTONE, INC. NOV. TIRES - BUYOUT 205986 1/3/06 4,967.61 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 205987 1/3/06 292.28 COLORALL TECHNOLOGIES REPAIR BUS DAMAGE AND REFINISH 205988 1/3/06 575.00 DIRECT TV CABLE 12/13/05 - 01/12/06 205989 1/3/06 74.98 FILIPINO PRESS ADVERTISEMENT FOR DRIVERS 205990 1/3/06 70.00 JW HOWARD ATTORNEYS LEGAL FEES - SEPT. '05 205991 1/3/06 1,044.50 KAISER FOUNDATION HEALTH P1 MEDICAL INSUR. - JAN. '05 205992 1/3/06 10,804.00 MCDONALD TRANSIT ASSOC. INC MGMNT FEE - DEC. 05 205993 1/3/06 12,776.40 METROPOLITAN TRANSIT SYSTE1 TELE INFOR LINE - DEC. '05 205994 1/3/06 2,267.89 PERVO TRAFFIC CENTER SHOP SUPPLIES 205995 1/3/06 29.95 PITNEY BOWES CREDIT CORP METER CLEANING KIT 205996 1/3/06 54.31 3 SAFETY-KLEEN SYSTEMS, INC. USED OIL PICKUP 205997 1/3/06 220.00 SOUTH COAST MEDICAL CLINIC PRE -EMPLOYMENT DRUG SCREENING 205998 1/3/06 144.00 SPANKY'S, INC. PORT-A-POTTIE SERVICING 205999 1/3/06 411.41 SPARKLETTS WATER 206000 1/3/06 135.67 THE STAR NEWS ADVERTISEMENT FOR DRIVERS 206001 1/3/06 46.20 WAYNE ELECTRIC CO 713RU ALT. 50DN, 24V , BELT DRIV 206002 1/3/06 738.09 Total 256,849.52 Workers compensation checks 10955 12/21/05 2,039.09 10956 12/21/05 113.30 10957 12/21/05 395.45 10958 12/21/05 11.69 10959 12/21/05 323.80 10960 12/21/05 83.94 10961 12/21/05 543.46 10962 12/21/05 133.16 10963 12/21/05 708.78 10964 12/21/05 482.00 10965 12/21/05 23.37 10966 12/21/05 522.58 10967 12/21/05 122.19 10968 12/21/05 378.89 10969 12/21/05 2,303.58 10970 12/21/05 41.56 10971 12/21/05 13.25 10972 12/21/05 600.64 10973 12/21/05 134.80 10974 12/21/05 75.65 10975 12/21/05 347.69 10976 12/21/05 196.75 10977 12/21/05 71.40 10978 12/21/05 57.80 10979 12/21/05 27.42 10980 12/21/05 202.67 4 10981 12/21/05 26.66 10982 12/21/05 85.58 10983 12/21/05 518.61 10984 12/21/05 59.29 10985 12/21/05 363.95 10986 12/21/05 212.68 10987 12/21/05 178.22 10988 12/21/05 350.00 10989 12/21/05 195.45 10990 12/21/05 136.51 10991 12/21/05 78.40 10992 12/21/05 136.96 10993 12/21/05 269.58 10994 12/21/05 425.74 10995 12/21/05 4,209.48 10996 12/21/05 425.74 10997 12/21/05 400.00 10998 12/21/05 8.84 10999 12/21/05 1,100.00 11000 12/21/05 1,665.00 11001 12/21/05 230.78 11002 12/21/05 61.20 11003 12/21/05 400.00 11004 12/21/05 32.30 11005 12/28/05 1,497.66 11007 12/28/05 65.05 11008 12/28/05 434.35 11009 12/28/05 484.66 11010 12/28/05 78.42 11011 12/28/05 131.62 11012 12/28/05 38.50 11013 12/28/05 47.60 11014 12/28/05 35.70 11015 12/28/05 135.61 5 Total Total PAYROLL Pay period Start Date End Date Check Date 270 12/6/05 12/19/05 12/23/05 Total 11016 12/28/05 24.60 11017 12/28/05 12.92 11018 12/28/05 137.10 11019 12/28/05 83.94 11020 12/28/05 257.50 11021 12/28/05 106.79 11022 12/28/05 59.29 11023 12/28/05 78.42 11024 12/28/05 122.19 11025 12/28/05 78.40 11026 12/28/05 78.40 11027 12/28/05 119.17 11028 12/28/05 1,003.03 11029 12/28/05 400.00 11030 12/28/05 400.00 11031 12/28/05 370.00 11032 12/28/05 385.62 11033 12/28/05 761.05 11034 12/28/05 230.56 29,184.03 286,033.55 780817.63 GRAND TOTAL 1,066,851.18 VOID - CHECKS/11006 TRANSIT WARRANTS CHECK#205983-206002 20 CHECKS $ 85,571.99 6 001 104 105 109 111 125 136 154 171 172 191 212 222 230 231 246 254 273 276 2$f` 3( 302 307 552 626 627 628 629 630 631 632 643 City of National City Warrant Register # 26 1 /3/06 GENERAL FUND 845,271.65 LIBRARY FUND 22,004.96 PARKS MAINTENANCE FUND 648.84 GAS TAXES FUND 340.62 P.O.S.T. FUND 218.40 SEWER SERVICE FUND 964.27 TINY TOT CLASSES FUND 95.04 STATE PUBLIC LIBRARY FUND 0.00 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 TRASH RATE STABILIZATION FUND 3,964.26 STOP PROJECT 0.00 PERSONNEL COMPENSATION FUND 4,908.37 WOW MOBILE GRANT FY 2000-2001 0.00 ABANDONED VEHICLE ABATEMENT GRANT 0.00 HOUSING PILOT PROGRAM 464.00 WINGS GRANT 0.00 LEAD -BASED PAINT HAZARD REDUCTION GRANT 42,587.00 CBAG-MAJOR MEXICAN TRAFFICKERS 0.00 LITERACY SERVICES YEAR 2 0.00 AMERICORPS/CNCS YEAR 2 GRANT 0.00 GRANT-C.D.B.G. 0.00 CDC PAYMENTS 266.20 PROPOSITION A" FUND 0.00 TDA 85,571.99 FACILITIES MAINT FUND 1,941.47 LIABILITY INS. FUND 29,184.03 GENERAL SERVICES FUND 1,023.35 INFORMATION SYSTEMS MAINTENANC 975.00 OFFICE EQUIPMENT DEPRECIATION 0.00 TELECOMMUNICATIONS REVOLVING 806.36 GENERAL ACCOUNTING SERVICES 19,076.55 MOTOR VEHICLE SVC FUND 6,538.82 Total 1,066,851.18 7 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 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 7th DAY OF FEBRUARY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT EETING DATE. January 17, 2006 SECOND READING AGENDA ITEM NO. 17 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 Ext. 4524 EXPLANATION Please see attached memorandum. Police 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, tavems, 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 prOgtams, 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 examined and considered the impact of businesses that sell alcoholic beverages upon the health, safety, and welfare of its community and finds that the eriactmeht 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. DILOUCETTE 79' v 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 prirna 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 Iicensed•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 and illegal. 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. 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 (le: 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 days 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. 1. 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 provisions 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 ATTEST: Michael R. Delia City Clerk APPROVED AS TO FORM: George H. Eiser, ID City Attorney 2005. Nick Inzunza, Mayor 2005 Ordinance 4 Responsible Beverage Sales and Service City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. 18 ITEM TITLE Continued Public Hearing — Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 E. 19th Street (Applicant: CondoConversions.com) (Case file no. S-2005-3 / CUP-2005-4) 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 decided, and the applicant agreed, to continue the Public Hearing to allow for additional review. The previously submitted background report describing the project proposal is once again attached. Environmental Review N/A Financial Statement N/A Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission.R02 BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the Tentative Subdivision Map and Conditional Use Permit. Vote: Ayes — Reynolds, Martinelli, Baca, Alvarado, Carrillo, Pruitt. Absent: Flores, Graham I ATTACHMENTS ( Listed Below ) I. Background Report 2. Planning Commission Resolution No. 33-2005 Including Findings and Conditions of Approval 3. Location Map 4. Site Photographs Resolution No. 5. Department and Agency Comments 6. Notice of Exemption 7. Application 8. Applicant's Plans (Exhibits A, B, C, and D) A-200 (9/99) BACKGROUND REPORT The project site is located at 603-609 East 19`a Street. The approximately 0.43-acre site sits south of Otis Elementary School, at the corner of F Avenue and East 19th Street. The historic Stein Farm is located to the west across F Avenue. As a corner lot, the site has pedestrian access from two City streets; however, vehicular access to the site is obtained through the alley that lies between F Avenue and G Avenue. The site is developed with a single -story house, three two-story apartment buildings, and a small paved surface parking lot. The three apartment buildings, eight units, were added to the site in 1991 through a Planned Development Permit obtained from the City. The buildings are located roughly around the exterior of the property, and face a small central courtyard containing three guest parking spaces and a shared patio area. The three -bedroom single-family home sits at the southwest comer of the lot. The building on the west side of the lot faces F Avenue and includes four (4) townhome style units. The building located on the north side of the property includes one upstairs unit above garage and carport parking below. The fourth building sits on the southeast corner of the lot and includes three units and several garages. There are a total of 16 parking spaces provided on -site. Thirteen spaces are reserved for the units on site: three two -car garages, one two -car carport, and five one -car garages. Three parking spaces are for guests and are provided in the surface lot. Parking stalls are between 9 feet wide and 16 feet deep, with a 24-foot wide access aisle. Other site improvements include the centrally located patio area, a trash enclosure, and fencing/walls at much of the perimeter of the site. The property is also landscaped along F Avenue and 19th Street and the courtyard area is landscaped with various shrubs and plants. Of the 9 units, six are 2-bedroom and 11/2 bath units, two are 2-bedroom and 1-bath units, and one unit has 3-bedrooms and 1 bath. None of the units have any private open space, with the exception of a front porch for the units along F Avenue. As indicated in the attached Property Condition Assessment (PCA) report, the property is in overall fair condition with some defects noted. Maintenance of the subject property's major systems, components, and equipment appears to be in place (see Property Assessment Report). Recent repairs and maintenance have been made to the property in conjunction with unit turnover. The applicant is proposing to convert the existing 9 units into condominiums. As condominiums, the units will be the same size and have the same floor plan as they currently exits. The conversion will involve minor renovation of the exterior of the buildings, the courtyard area, and site landscaping. For example, the buildings will be painted, new windows will be provided, the replacement or enhancement of exterior lighting and fixtures, additional landscaping around the exterior, and new bench seating and barbecue in the courtyard (see attached Renovation Details submitted by the applicant). Additionally, the interior of each S-2005-3 / CUP-2005-4 Condominium Conversion • • unit will be renovated to include new paint, kitchen appliances, plumbing fixtures, flooring/carpet, cabinets and kitchen countertops, as needed. Finally, the applicant has indicated that all of the needed repairs noted in the attached PCA report will be addressed. The PCA report proposes repairs needed immediately as well recommended longer -term repairs. The applicant's Renovation Program includes many of the recommended exterior and interior improvements to the units and site, and all improvements must be carried out before sale of any units. In order to pursue the conversion of the apartments to condominiums, the applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit as required by City ordinance. There are a number of General Plan policies that are relevant for this proposal including the increase in the number of home ownership opportunities. General Plan policies also encourage high quality development and unit sizes that exceed the minimum requirements in the Land Use Code. The applicant proposes to make several changes, such as new appliances and cabinetry in the units, additional landscaping, and a new barbecue area that are not required by Code; these changes should result in a somewhat higher quality development. Since it is impractical for most proposals converting apartments into condominiums to meet current the Land Use Code requirements, the General Plan and Land Use Code do not require it. However, it is useful to compare the requirements for new condominiums and for new two and three -bedroom apartments to what will be provided to allow for a full analysis. The table below summarizes this. Comparisons of current Code Requirements with the existing development Required for new condominiums Required for 2 & 3 bedroom apartments Existing On -Site Parking spaces 2 spaces/unit, plus guest parking 1.5 spaces/unit, plus guest parking 1.44 spaces/unit, plus 3 guest spaces Unit size 1,000 square feet 800 / 1000 square feet 750-850 & 1,100 sq-ft (average) Useable open space' Up to 2,700 square feet Up to 2,700 square feet Approximately 1,300 square feet Density 22.9 units/acre 22.9 units/acre 20.8 units/acre 'Based on 9 units As you can see, the unit sizes average just at the City required size for new two -bedroom apartments, and the three -bedroom unit is larger than the required size for an apartment. However, eight of the nine units are smaller than the City requirement for new condominiums. Also, there is less useable open space provided than would be required of a new development, primarily since there is no private open space (patios or balconies) S-2005-3 / CUP-2005-4 Condominium Conversion ® • for the units; however, the existing common open space will be enhanced through the addition of a courtyard seating/ barbecue area and minimal site landscaping improvements. Finally, while the amount of parking provided is also less than would be required of new development, it does provide at least one covered space for each unit, as well as three guest spaces. In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant had a Property Condition Assessment (PCA) report prepared. The PCA included an assessment of all structural and mechanical systems, as well as a Pest Report. As stated before, the PCA report found that generally the property is in fair condition with only some defects noted. It does, however, contain recommended repairs which are fully detailed in the attached report, including repairing the roof, painting the exterior of the buildings, replacement of windows, abatement of mildew and mold, and installation of new fixtures. A Pest Control Report was also prepared for the project and identified subterranean and drywood termites, fungus -dry rot and other moisture concerns. A condition requiring that the recommendations of the Pest Report be implemented prior to sale of the units has been included. A condition of approval recommending that all of the repairs and improvements identified in the Property Condition Assessment including the recommended short and long-term repairs and improvements for the structures shall be completed prior to sale of any unit has been included. A condition has also been included requiring City Attorney review and approval of a Lien Contract and Agreement not to Convey, which will ensure that the proposed and required improvements be made prior to the sale of all of the units. While the City requires a performance bond to be put up by the developer to ensure that proposed and required off -site improvements are made, a condition requiring City Attorney review and approval of a Lien Contract and Agreement not to convey has been attached for all on -site improvements. The Lien Contract will ensure that all proposed and required on - site improvements are made prior to the sale of any units. This alternative was applied to previous condominium conversion projects approved in the City. Finally, conditions recommended by the Engineering and Police Departments and Sweetwater Authority have also been attached. Planning Commission held a public hearing on this proposal November 7, 2005. There was no public testimony on the project, but the Commissioners briefly discussed the project and the conditions of approval. The Commission voted to recommend approval of the proposal, finding the creation of nine (9) homeownership opportunities consistent with the General Plan and a benefit to the residents of the City. S-2005-3 / CUP-2005-4 Condominium Conversion RESOLUTION NO. 33-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT TO CONVERT 9 APARTMENTS INTO CONDOMINIUM UNITS FOR INDIVIDUAL SALE AT 603-609 E. 19TH STREET APPLICANT: CONDOCONVERSIONS.COM CASE FILE NO. S-2005-3/CUP-2005-4 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit to convert 9 apartments into condominium units for individual sale at 603- 609 E. 19th Street on property generally described as: Lots 5, 6, 7, 8, 9, and 10 in Block 3 of Subdivison by W. S. Bullis, Map 201 filed in the Office of the County Recorder of San Diego County May 21, 1881, together with vacated street adjacent ("F" Avenue) WHEREAS,. the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 7, 2005 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2005-3 and CUP-2005-4 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed Tentative Map is consistent with the National City General Plan and applicable specific plans, since the project will create 9 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing units will create 9 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the planned Renovation Program and each unit interior will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. • s RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1 That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 9 new homeownership opportunities that should be attractive to first time homebuyers will allow for mobility in the housing market, and since the increased rate of homeownership may translate into an improved property appearance. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby reconunends approval of said tentative subdivision map and conditional use permit to convert 9 apartments into condominium units for individual sale at 603- 609 E. 19th Street subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 603 East 19th Street, including 9 residential units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A and B, Case File No. S-2005-03 / CUP 2005-04, dated 6/24/05 and 9/12/05, respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment shall be implemented prior to release of any unit for sale. Such improvements include the replacement of the roof, as need, exterior painting of the building, replacement of windows, enhanced landscaping, replacement of balcony railing, repair balcony deck, addition of a barbeque area and bench seating in the common area. The interior improvements include painting the interior of the units, replace flooring, replace or refinish cabinets, replace plumbing fixtures, lighting and other fixtures, provide new kitchen countertops where necessary and install new kitchen appliances. • • 4. All of the recommendations of the Property Condition Assessment including the eradication of the subterranean and dry wood termites, fungus -dry rot, abate the mildew and mold shall be implemented prior to release of any unit for sale. 5. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey, subject to review and approval by the City Attorney, to ensure that the improvements for the project site are completed. 6. The Covenants, Conditions and Restrictions (CC&R's) shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 7. The developer shall provide a declaration of Covenants, Conditions and Restrictions (CC&R's), running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. The gas water heater for unit #605 shall be replaced. 9. The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 13. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. Show filtering system for the parking lot. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. A private storm water filter treatment maintenance agreement shall be signed and recorded. 14. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the I • • Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 15. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 16. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for map plan, checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours and consultant services. 18. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 19. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 20. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. There is one pole and one service pole that would be underground at this location. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 23. Exterior walls of buildings/freestanding fences/retaining walls to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance.\ 24. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County • • Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 25. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 26. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m. or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 27. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the commonareas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 21, 2005 by the following vote: AYES: Carrillo, Pruitt, Alvarado, Baca, Martinelli, Reynolds NAYS: ABSENT: Graham ABSTAIN: Flores CHAIRWOMAN PROJECT LOCATION LOCATION MAP Conversion of nine (9) rental units to condominium ownership S-2005-3 / CUP-2005-4 NATIONAL CITY PLANNING /7) 2004 2426i DRN. DAT 10/03/05 INITIAL HEARING: 10/17/04 Site Photographs: S-2005-3/CUP-2005- View of the project site from F Avenue View of the project site from the alley on the east side of the site City OP National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 • ENGINEERING REQUIREMENTS FOR THE CONDO CONVERSION AT 19TH STREET AND "F" AVENUE Date: March 15, 2005 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: CONDO CONVERSION AT 19TH STREET AND "F" AVENUE 16 MAR 2005 PM e 1 1. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. Show filtering system for the parking lot. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. A private storm water filter treatment maintenance agreement shall be signed and recorded. 2. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 3. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 4. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. ® Recycled Paper Planning Department March 15, 2005 Page 2 5. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for map plan, checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours and consultant services. FINAL MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 2. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 3. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. There is one pole and one service pole that would be underground at this location. 4. All new property line survey monuments shall be set on private property, unless otherwise approved. 5. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha 1 9thfavenue REV. 3/15/05 xc: Din Daneshfar Page 1 of 1 Lanny Roark From: Lanny Roark Sent: Thursday, March 17, 2005 9:50 AM To: Angela Reeder Subject: Ref: Case File # s-2005-3/CUP -2005-4 603, 605, 607 & 609 E. 19th Street Apartment -Condo Conversions. The Police Department requests that the conversion project comply with our provisions of Crime -free Multi Housing criteria and Crime Prevention through Environmental Design (CPTED) standards as a condition of approval. We will make personnel available for on -site review/inspection or to meet with developers. We can provide written material on requested standards as needed. Thank you, L, Brent Roark Administrative Staff Sergeant 3/17/2005 4 SWEETWATER AUTHORITY 505 GARRETTAVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (819) 425-7469 http://www.sweetwater.org March 16, 2005 Ms. Angela Reeder, Assistant Planner City of National City Planning Department 1243 National City Blvd. National City, CA 91950 17 MAR 2005 AH11:57 GOVERNING BOARD W.D.'BUD' POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM' DOUD NICK INZUNZA MARY SALAS MARGARET COOK WELSH WANDA AVERY TREASURER MARISA FARPON SECRETARY DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER Subject: WATER AVAILABILITY CASE NO.: S-2005-3/CUP-2005-4 A. P. N .: 560-233-09-00 603 EAST 19TH STREET (CONDO CONVERSION), NATIONAL CITY SWA GEN. FILE: WATER AVAILABILITY, 2005 Dear Ms. Reeder: This letter is in response to the Tentative Subdivision Map and Conditional Use Permit Application Form for the subject project within the Sweetwater Authority (Authority) service area. There is an 8-inch water main located on the east side of "F" Avenue and a 4-inch main located on the north side of 19th Street. The Authority's records indicate that there are two existing domestic water services fronting this parcel. Enclosed is a copy of 1/4 SEC. 153 map that shows the existing water facilities. The existing water services should be adequate since no structural changes are proposed for the project, unless the National City Fire Department has any additional conditions. The Owner must submit a letter to the Authority from the National City Fire Department stating that there are no additional fire flow requirements for this project. If there are additional requirements, the Authority will determine if there is a need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Should any additional services be needed, they will be required to have a backflow prevention assembly installed. If the Owner provides the required fire flow information and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 86 p.s.i. to a minimum of 76 p.s.i. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas 1� • • Ms. Angela Reeder, Assistant Planner City of National City Re: Water Availability — 603 E. 19th, National City March 16, 2005 Page 2 If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:jg Encl.: Copy of portion of 1/4 SEC. 153 map pc: National City Fire Department 333 E. 16th Street National City, CA 91950 San Remos Villas, LLC 5575 Lake Parkway, Suite 218 La Mesa, CA 91941 I:\engr\Gen\Water Availability\reedere l 9th_conversion.doc mis map was developed by Sweewater Authority for Internal illustration Doty. It is not designed to provide technical detail, and should not se used for any other purposes without the express wriden permisslon of Sweetwater Aulhonty. Sweetwater Autlwnty - htlp'//swarat.saeeteeter.orp 505 Garrett Avenue Chula Vista, GA 91912-2328 (619) 420-1413 FAS: (619) 426-7469 Lecation of weber facilities are approximate only, based on record information. Fore more eecprete location, water facilities must be field -located. Call U.SA. @ 1-600422-4133 two days price to excavation. par. or road date shown On this is proprietary Information. The use this information is pursuant to sublicense agreement only. My resale or roll00nsfng of this Information is prohibited, except in accordance with such subllcensin9 agreements. Son=IS - http'llww.s.sangIs.or9 1010 Second Avenue, Suite 130A Sec Diego, CA 92101-4903 Subject Property: 603 E. 19th St. National City 1/4 Sec. 153 APN 560-233-09-00 SCALE: 1 INCH = 200 FEET /57 • City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: Case File No. S 2005-03 / CUP 2005-04 Project Location: 603 E. 19th Street Contact Person: Angela Reeder, AICP Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Proiect: Tentative Subdivision Map & Conditional Use Permit to convert 9-units to condominiums at 603 E. 19th Street. Applicant Name & Address: James Algert 428 Broadway Chula Vista, CA 91910 Telephone Number: 619-420-7090 Exempt Status: 111 Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 32, Section 15332 (In -Fill Development Projects) n Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The site is relatively flat and currently developed with commercial structures within a fully urbanized area. Date: Mary Jo Wilson, AICP, Principal Planner a# Recycled Paner I�� • NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map x Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 5 — Z0 d Filing Fee S , fart. Receipt No. Date Received 2 kilo,- By fJi, & (A) E.A.F. Required AI V4— Fee $ Related Cases GU. P zaYS " Lt SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. PROPERTY LOCATION 560-233-09 603 East 19th Street COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative ParceUSubdivision Map Application Revised March, 2003 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: James H. Algert Name: Signature (Signature acknowledthat this application is being filed) Signature (Signature acknowledges that this application is being filed) Address: 428 Broadway Address: Chula Vista, CA 91910 Phone No. 420-7090 Phone No. Fax No. 420-9139 Fax No. Date: Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature 6 �t/%Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 5575 Laka Park way S-218 Address: La Mesa, CA 91942 Phone No. 619-846-9911 Phone No. Fax No. Fax No. Date: Date: Tentative Parcel/Subdivision Map Application Revised March, 2003 • APPLICANT Name: San Remos Villas, LLC (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 5575 Lake Park Way Suite 218 La Mesa, CA 91942 Phone No. 619-846-9911 Fax No. Date: Tentative Parcel/Subdivision Map Application Revised March, 2003 • NATIONAL CITY, CALIFORNIA APPLICATION for x Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM • FOR DEPARTMENT USE ONLY Case Number ` (( P- _ L(. Filing Fee $ ' 03 Receipt No. Date Received .A.2• /c By MAIrk. t") E.A.F. Required n' I -- Fee $ Related Cases S"e9TK 3 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Lots 5, 6, 7, 8, 9 and 10 in Block 3 of Subdivision by W. S. Bullis, Map 201 filed in the Office of the County Recorder of San Diego County May 21, 1881, together with vacated street adjacent ("F":Avenue). PROPERTY LOCATION 603 between '1F" Avenue E. l9th Street No. and "G" Avenue Street COMBINED GENERAL PLAN/ZONING DESIGNATION RM1 — PD Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Pane 1 of 4 02 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: Conversion of Existing Apartments to Condominiums Persuant to Municipal Code Section 18.74.020 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: San Remos Villas, LLC Name: Signature!/ + c�,�- 61, ator ignature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 5575 Lake Park Way, S-218 Address: La Mesa, CA 91942 Phone No. 619-846-9911 Phone No. Fax No. Fax No. Date: 0�/Q/�sDate: ConditionalUse/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 93 • APPLICANT Name: San Remos Villas, LLC (Please types �py}tt) Signature: rAGEN7-) (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 5575 Lake Park Way, Suite 218 La Mesa, CA 91942 Phone No. 619-846-9911 Fax No. Date: 2/o/per Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 January 2, 2006 Frank Gordano, Managing Partner San Remos Villas, LLC 5575 Lake Park Way, Suite 218 La Mesa, CA 91942 Subject: Request for wavier of underground utilities Dear Mr. Gordano: � COPY This letter is a follow-up to the conversation /messages concerning the wavier of undergrounding request that you have made to the city. As previously stated, underground request maybe approved if the findings show that it is impractical or unreasonable because of the topography, soil, exceptional drainage condition, or it is not economically feasible to install the required installation (NCMC 13.08.050). In most cases, the first three do not apply but in some areas it might not be economically feasible to underground the utilities. If you like this to be considered, the city would need an Economic Analysis, which would include the following information: 1. Cost of the property. 2. Cost of the improvements to the property. 3. The cost of undergrounding utilities. 4. The final selling price of the condos. The Economic Analysis would be submitted to the Planning Commission for their consideration and recommendation to the City Council. The Council would than approve or deny the request for wavier based on the findings. If you have any questions, please call Adam Landa at 619-336-4394 Sincerely, Stephen Ki . r atrick City Engineer ® Recycled Paper 2. w z uJ < 603-609 EAST 19th STREET MAP .NiO 84 tXI911NL, BUILDIN7, 125.00 • EXISTING I BUILDING 4 'LINITS TO. REMAIN C•O' EXISTING BUILDING UNIT TO REM AIN 305 EXISTING BUILDING 1. UNIT ABOVE TO REMAIN 609 7 ; rX ,-INIC , ! • f.2As. : —r--c▪ i Lo EXISTING BUILDING 3 LINTS TO REMAIN 507 19th STREET 3 3% 4— PROPOSED LANDSCAPING PLAN convocumecuo. 41IF Pr. IKE OA. ODER VICEAWOI OX6 ANIAS 'LRCM raerosswourn. heir ou....nowea op. moo 1Y_ cool. GRAPHIC SCALE t ,Brrarr, 1.16.. FGAL OFIHRIPILX WIU 1654 SLOW 3 OF 1101,252 Of XL MOM ic INC OF MI MC LOT W. 2 C.V. 511 WS Cf WM. DIU MA0061.21 11. OW Of WM. Ort, =AM Of 2/2 0=0. STA2 Of WARN, PACCOCM0 10 we MEW WA 2X MO 2 WE OWL OF WC COAT 110242015,>MOM COMM 246725. WW. A1SS005 E543(:15545ER. 120-22-04 ORRIFRAL APPUCANT so met NILIAR LAC MO LIM MO, RIM MO LA OM CA WM MOM MO .I. -a. Nam 220.24 1/0625154P•0201 DKR ignaltalai-ME WS OW 2 6 1121TOO£ IMP 5,24 5400121261 PROECT RS OM= 2 5C201 411750 VI 2If 00054.0311 Cf ETA; Of COMMA COMMIX Of 1 (WC OCODENOOL La.:1r r panrosso 7rrat. ro VOW OCRIMICIIAL k PROPMFO 115F fOSIXXIAL qmorr OF 1CPOGRAPHY WOW 12/22220. NC AM 1, 20. GISAMia OCOC ORE& MX SE GOO KRO 11161B1.9.1a1.1 SOMMER Armor en EIBEHELIEMICK NAM. OW WC CAXAMEN, SIBISLEJX20561. Imam. OR SAMAR WM WT. ESEPAPJaim AWES 24L5441. OCE 18073 DAR NATIONAL CITY PLANNING DEPT. EXHIBIT CASE FILE NO. S-2005-3/CUP-2005-4 DATE: 9/12/2005 S4 WS LLI z LLI Q LL 603-609 EAST 19th STREET �YJr� JN J. L-S';' I BUILDING 125.00 J EXISTING I BUILDING I 4 UNITS TO REMAIN 603 I EXISTING BUILDING 1 UNIT ABOVE TO REMAIN 609 L EXISTING BUILDING 1 UNIT TO REMAIN 605 EXISTING BUILDING 2 CAR GARAGE TO REMAIN EXISTING BUILDING 3 UNITS TO REMAIN 607 CY 115.00 19th STREET 3.3% 10' W J J L GRAPHIC SCALE (.FaT) 1 IY.N R SITE PLAN 1015 5 10 SI BLOCS 3 OF 411100N50.3 BY W.S. BUJR. WYEl. ION. OF 10 ECK LOTH. N 0*11FR SC1)01153 OF 11NI0IO DE LS WL4N.N M OYCF NAT0IK 0, CONEY Of UN 0E0O 51041E 0' LN5Of*0. ASCORMI0 TO MAP 11Y6-6 110. 201 WED N 11E 6110E 0 trt C0N1Y 10,OFOf1 OF SAN CN% 00010 WV T. 1Gfi. SZSZI CELAILip MIER APPtICANT us MKS SLIAS SSC 55E5 WM P. MN,. SWF ze u LEL. G. 2112 0NOf: 0117 001-12a ru Olt) 600 2150 fPAVN ONO0N14 WS .Ni EA MES TIS WP 6 A 1fIEGTK YY AAA WOLYMIN M1EL1 AS 06Nm 01 SECTION 111W ET 40. OF Tit OW OM a TE SUM OF M.O. 0319S1NF OF 1 OK) 1E90ENnµ w6 f?I15RRR at PROPfl215 7P SEWING RESEIENTAL t PROPMS1) tiff IEspEiW WSW OF TORMAPRY KWi p011E00... NC. AMC 1, 20O1 amnia 50' PREPARE B1! 1ALGERi ENGINEERING. INC. 0 0/90.10BEY WCA WTA a DIM TL 019)1]0-7000 F. SSW 00-11. 1Y1ES N. ALORT. BCE 01173 DEM -0 0 '3.4. 603-609 EAST 19th STREET FLOOR PLAN 1 OF 2 8' 1." 603—A 1! KiTCHEri /2 SP, QTA' 0 0 7t.) i > a) m1SCALE 1"— 5' —CI) 0 33 I - SlOnfov I ;S4,14,111 11 5,41.1 r SCALE l'=5' 0 a: -c C•I I t flA1-,44W I !, • i SCALE 1"-- 5' i 1.- ;! — • _I' ,czi ,-;[.:7.71 • -1 T , . c;osr,, 1414 r .1 • - 13A' 4. 101 1,• 603—D 1,1,EN 2, !SCALE 1"=5' 28 aaso I 2, , 424 BEDFC0u :0' 8 it e GRAPHIC SCALE I t our.; SCALE 1"=5' eXPABELJEt. ALOEITTENONBEIM PC 420 004.4 I57A. 40 91110 XL MIN 420-.90 rwx (09) 4.70-9130 ALEEM IKE /9073 0014 ANTHONY-TAYLOR CONSULTANTS ARCHITECTS • MONTH/ c . FLATNESS • CONSTRUCTION MANAGERS HN ENTESPRISL STREET • MOTOIG0. CA %HST •CKb!?J - .rom THIS=! FAX NATIONAL CITY PLANNING DEPT. EXHIBIT C CASE FILE NO. S-2005-3/CUP-2005-4 DATE: 9/12/2005 60S E. 19TH STREET, NATIONAL CITY (PROPOSED) e t Y " 6 W D zo 603 EAST 19th STREET -RM-1-PD j p r) r r) ,I EXISTING MAP -NO. �. ] J. J r /6� Buaowc 125.00 EXISTING BUILDING 609 I UNIT ABOVE TO REMAIN 2 CARPORT 4 GARAGE EXISTING BUILDING ; 4 UNITS i0 REMAIN 603 EXISTING BUILDING 1 UNIT TD REMAIN 605 SL S V / V - l - 135 �' 6' SEWER S S S _�. S S T S v- 4" TRANSIIE. V V V 19th STREET MAP NO. 173 EXISTING ---RMROINF- i EMSnNG ' ' ^ BUILDING ZONE _L EXISTING BUILDING GRAPHIC SCALE H RM-2-PD ZONE OJARTER S C71JN 153 RANCHO Dr LA 1NACIJ1N i\4AP NO. 166 ( 1K FELT ) I lame - 20 AL 0.6476 110449 6/2/2005 1142,60 00 607 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. S-2005-3/CUP-2005-4 DATE: 6/24/2005 TENTATIVE MAP NO. UNIT 0/13A1 11 AREA SF1PARK 603 A 2%1.5 800 603 B 2/1.5. 800 603 C 2/1.5 800 603 D 2/1.5 600 605 3/1 1100 607 A 2/1 750 5 607 B 2/1 750 607 C 2/I 750 609 2/1 850 6 GARAGE 2 OPEN 3 TOTAL 740E 16 11' 40' 3F LIEG111.12=130121 LOTS 5 1HNU 101N BLOCK 3 OF SUBDIVISION BY W.S. BVWS. MAY 21. 1881. OF 10 ACRE LOT 14. IN WARIER SECTION 053 Of RANCHO 06 LA NACION. IN THE OTT OF NATIONAL OTY. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 201 FILED IN THE OFFICE Cr THE COUNTY RECORDER CF SAN GREGO COUNEL MAY 21. 1881. ASCCSS8 S PARCEL NDER 560-233-09 OWNER & APPLICANT SAN REMOS VILLAS. LLC 5573 LAKE PM6LWAY. SUITE 216 LA MESA. CA 91942 PHONE: (619) 668-2245 FA* 1 666-2250 .0, FRA NK A,LYN1AGKiGR FFi 0 y fRNN PARTNER DATE d., .„ E -,4 .,....450. 10 5 5' EXISTING WALL 1p7X PAVEMENT FENCE B TO 2' E I 1 x INS MAP 15 A TENTATIVE MAP 6 A CONDOMINIUM PROJECT AS DE11460 N SEOTON 91350 ET SEO. 6 THE CIVIL CODE 19th ST of SG OF DIE RESIDENTIAL E 06 CAUFCNNIA C0M5151NG 6 9 (NNE) NOT TO SCALE EXISTING CURB a GUTTER EASING A PROPOCFD WINING FASTING RESIDENTIAL & PROPOCF(1 uSF RESIDENTIAL NA -CLONAL CITY SOUTH BAY PLAZA KN9ALL PARK VICINITY MAP NOT TO SCALE 30' 3 20' 'MNXUN FENCE EXISTING CURB t� GUTTER r6' 1� EXISTING PAVEMENT F AVE NOT TO SCALE EOSI1NG SIOEWALN `EXISTING ALLEY COHCREIE NOT TO SCALE CONDQMpaiILI NOTE SFII IR(x OF TOPOGRAPHY ALGERT �E40400 ERN00 G. INC. JUNE 1. 24 NONE GRAD 18806 0.43 ACRES WATER SUPPLY SAEEINAIER AUTHORITY FIRE PROTECTION NATIONAL OTY FIRE DEPARTMENT SFWA(FF (MSP(ICAI NATIONAL OTT SANITARY SEILER SYSTEM PREPARED BY. ALGERT ENGINEERING, INC. 428 &ROADWAY CHUU VISTA CA. 91910 7E. (619) 420-7090 FAX (6I9) 420-9139 JAMES H..LLGERT. RCE 19073 DATE JN 6476 „,Lf* , El.::77-71 •fflt 1'• Ittfl MI, 4 ' ir” '.-.17inf_ 1 k," ! Aillilligoottliii prinliMILIIIIIMM" 11 IriffORIMMIIIINEt • I' J rlinfUMBEyT• / 4 1 agEffilitnUff4V '" tininnsigvr - 41110illalMir , " 44 itilrE7i' - , 41/ tIIININR '-',-- - • unitig7 7 „ Prepared For CONDOCONVERSIONS.COM P.O. Box 1243 LA MESA, CALIFORNIA 91944 PROPERTY CONDITION REPORT 603, 605, 607 and 609 East 19th Street Apartments 603, 605, 607 and 609 East 19th Street National City, California 91950 Date Issued: October 12, 2004 NAC Project Number: 04-21979.1 Prepared By NAC NATIONAL ASSESSMENT CORPORATION 1320 HARBOR BAY PARKWAY, SUITE 260 ALAMEDA, CA 94502 TEL (510) 337-2855 FAX (510) 337-2865 NAC ENGINEERING ENVIRONMENTAL SEISMIC CONSTRUCTION October 12, 2004 CondoConversions.com P.O. Box 1243 La Mesa, California 91944 RE: Property Condition Assessment 603, 605, 607 and 609 East 19th Street Apartments 603, 605, 607 and 609 East 19th Street National City, California 91950 NAC PROJECT NO.: 04-21979.1 National Assessment Corporation (NAC) is pleased to provide the results of our Property Condition Assessment of the 603, 605, 607 and 609 East 19th Street Apartments property located in National City, California. This assessment was performed in accordance with CondoConversions.com's scope of work for Property Condition Assessments. We appreciate the opportunity to provide engineering services to CondoConversions.com. If you have any questions concerning this report, or if we can assist you in any other matter, please contact Noreen Clindinning at 858-279-8588. Very truly yours, NATIONAL ASSESSMENT CORPORATION k1 tt-' f 1/Jj�t i Greg L. Gavasse, P.E., License #C61447 Noreen Clindinning Professional Associate Vice President NATIONAL ASSESSMENT CORPORATION 1320 HARBOR BAY PARKWAY #260 ALAMEDA, CALIFORNIA 94502 TELEPHONE: 510.337.2855 FACSIMILE: 510.337.2865 WWW NA-CORP COM TABLE OF CONTENTS PROJECT SUMMARY 1 EXECUTIVE SUMMARY 3 1.0 INTRODUCTION 5 1.1 Purpose 5 1.2 Reliance 5 1.3 Scope and Exceptions 5 1.4 Opinion of Probable Cost 6 1.5 Document Review and Interviews 7 2.0 SYSTEM DESCRIPTION AND OBSERVATION 8 2.1 Overall General Description 8 2.2 Site Visit 8 2.3 Site/Site Improvements 9 2.3.1 Topography 9 2.3.2 Storm Water Drainage 9 2.3.3 Paving Type/Age 9 2.3.4 Curbs 9 2.3.5 Pavement Striping 10 2.3.6 Flatwork/Stairs/Railing/Fencing 10 2.3.7 Landscaping and Appurtenances 10 2.3.8 Utilities 11 2.3.9 Site Lighting 11 2.3.10 Waste Storage Area 11 2.3.11 Site and Building Signage 11 2.3.12 Retaining Walls 12 2.3.13 Other Site Amenities/Recreational Facilities 12 2.4 Structural Frame and Building Envelope 12 2.4.1 Substructure 12 2.4.2 Superstructure 12 2.4.3 Facades 13 2.4.4 Roofing 14 2.4.5 Stairs 14 2.4.6 Balconies/Elevated Walkways 15 2.5 Mechanical, Electrical & Plumbing 15 2.5.1 HVAC Systems 15 2.5.2 Electrical Systems 15 2.5.3 Plumbing Systems 16 2.6 Vertical Transportation/Conveyor Systems 16 2.6.1 Elevators 16 2.6.2 Escalators 17 2.7 Fire/ Life Safety 17 2.7.1 Fire Sprinklers 17 2.7.2 Life Safety/Alarm Systems 17 PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 CONDOCON V ERSIONS.COM NAC 2.8 interior Elements 17 2.8.1 Room Mix 17 2.8.2 Viewed Spaces 17 2.8.3 Floor Coverings 18 2.8.4 Ceiling/Walls 18 2.8.5 Appliances 19 3.0 ADA COMPLIANCE 20 4.0 REGULATORY COMPLIANCE 21 5.0 LIMITATIONS 22 TABLES Table 1 Table 2 APPENDICES Immediate Repair and Replacement and Deferred Maintenance Capital Replacement Reserve Expenditures Appendix A Photographs Appendix B Site Maps Appendix C Other Pertinent Data PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 it CONDOCON V ERSIONS.COM NAC PROJECT SUMMARY Item Excellent Good Nair'. Poor Action* Immediate Needs Capital Reserves** SITE IMPROVEMENTS Topography X X NM Storm Drain System X NM Parking Pavement, Curbs & Gutters X X NM Sidewalks X X NM Utilities X NM Landscaping X IR $2,500 Site Lighting X NM Site & Building Signage X NM Site stairs X X NM Playground NA Fencing / Railing X X NM Recreational Facilities/Amenities X NM STRUCTURAL SYSTEMS AND BUILDING ENVELOPE Foundations X NM Structural System Including Floors X NM Exterior Walls, Patch & Paint, Eaves X X RR $7,200 Windows & Frames X NM Exterior Doors & Frames X X NM Stairs (Interior & Exterior) X NM Balconies & Upper Floor Walkways X X X IR $2,250 Termite Inspection X X IR $500 Roof Coverings X RR $11,750 Roof Drainage X NM MECHANICAL, ELECTRICAL ,& PLUMBING SYSTEMS HVAC X IR/RR $500 $4,000- Electrical X NM Emergency Generator NA Hot & Cold Water Distribution System X X NM Water Heaters X RR $3,600 Plumbing X X IR $1,500 Swimming Pool / Equipment NA Gas Distribution System X NM VERTICAL TRANSPORTATION CONVEYING SYSTEMS Elevators/ Escalators NA FIRE/ LIFE SAFETY Fire Suppression Systems X X IR $2,700 Security Alarm Systems NA INTERIOR ELEMENTS Common Area Finishes (Washers/Dryers) NA Tenant Area Appliances X RR $5,050 Tenant Area Finishes (Walls, Floors, Ceilings, Cabinets, Etc.) X X IR/RR $7,600 $15,150 Interior Doors & Frames X NM "BARRIER'FREE" ACCESSIBILITY (ADA) Parking, Signage & Ramps X NM Common Area Accessibility Including Restrooms Action• NM = N 1 M,t..4, NA orroa IR — Immedtate Reparr/Replacement, RR = Replacement Reserves, NA = Not Applicable, **Un-inflated Values, NA —Not Applicable ImmedisteAnd Reserve Summary Term (yrs) Uninflated Cost Inflated Cost Un►nflattd SVnit/Yr, Inflated $Unit/Yr.' Report Section Immediate Repair and Deferred Maintenance Expenditures 0-1 $17,550 NA NA NA Table 1 Replacement Reserves Cost Estimate 12 $46,750 $54,031 $433 $500 Table 2 PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 CON DOCON V ERS IONS. COM NAC This table displays the estimated costs. The estimated costs are preliminary and are based upon NAC's experience in conducting similar projects. The actual cost will be affected by factors such as project duration, site access, market conditions, and other contingencies applied by the owner. This project summary is not to be used alone. The attached report is intended to be read in its entirety. PROPERTY CONDITION REPORT 2 CONDOCONVERSIONS.COM NAC PROJECT No.: 04-21979.1 NAC EXECUTIVE SUMMARY A property condition assessment was performed by National Assessment Corporation (NAC) on the 603, 605, 607 and 609 East 19th Street Apartments property located at 603, 605, 607 and 609 East 19th Street in National City, California (Subject Property). The assessment was conducted on September 29, 2004. The Subject Property consists of a rectangular shaped parcel of land situated at the south side of East 19th Street, approximately one mile west of I-805. The property is improved with three, 2-story, multifamily buildings and one, 1-story, residential building. The buildings contain approximately 7,400 net rentable square feet and a total of nine apartment units. Site amenities were not observed. General Description The Subject Property consists of four wood framed structures with limited landscaped areas throughout the property. NAC visited the National City Building Department twice to research the building department file for the original building permit, Certificate of Occupancy and any outstanding violations. However, Ms. Rebeca Lattire with the National City Building Department, stated that she could only find one file for 605 East 19th Street (single story residence) and could not locate any additional files (603, 607 and 609). No violations were noted in the building department file and copies of the original building permits are contained in the appendix. The fire department reported that they were unaware of any outstanding violations. Building Building Area (Square Feet)** No Stories/ Building Height 1-story / 15Ft Fre Sprinkler X One, 1-story, residential building 1,100 NRA Three, 2-story, multifamily buildings 6,300 NRA 2-story / 30 Ft X ross floor area (GFA); net rentable area (NRA) UNIT MIX Size Number of Units SF Area (SF) 2 bedroom / 1 bathroom (607) 3 750 2 bedroom / 1 bathroom (609) 1 850 2 bedroom / 1.5 bathroom ((603) 4 800 3 bedroom / 1 bathroom (605) 1 1,100 The Subject Property is zoned "RM-1-PD", multifamily / residential by the City of National City Planning Department. The subject improvements appear to be developed in accordance with the designated zoning. General Physical Condition The Subject Property was observed to be in fair overall condition. Maintenance of the Subject Property's major systems, components and equipment appears to be in place. Recent capital improvements include refurbishing of units at the time of turnover. Conclusions/Recommendations Deferred maintenance items and physical deficiencies that are considered significant and require immediate repair were identified and include the following: perform a termite inspection, replace damaged railings, replace dying/missing turf and landscaping, replace gas fired wall heater, install smoke detectors, abate mildew/mold and restore finishes, repair balcony deck, plumbing repairs and flooring repairs. These items are identified in Table 1. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 3 CONDOCON VERSIONS.COM NAC Capital replacement reserves over the term of this report will be required for items such as exterior paint, replacement of heating components, water heater replacements, appliance replacements, roof replacement and flooring replacements. These items arc identified in Table 2. The structural elements of the buildings have performed adequately for the past 12 I years. Assuming the recommendations in this report in reference to the Immediate and Physical Needs over the Term are made in an appropriate time frame; a preventive/remedial maintenance program is implemented continually; and all site systems and building components are replaced as necessary with an acceptable standard of care, this sites estimated remaining useful life (ERUL) should be at least an additional 30 years barring any natural disasters. This is based on the observation that the foundations, which has an expected useful life (EUL) of 50 years plus, were observed to be functioning properly with no major deficiencies. Other site and building elements are replaceable. However, as the property ages, the maintenance program cost should be expected to increase. NAC can make no comment on the marketability of the site's useful life. Any qualifications and limitations in place for the property condition assessment as provided by NAC is applicable to the summary comments mentioned above. PROPERTY CONDITION REPORT 4 CONDOCONVRRSIONS.COM NAC PROJECT No.: 04-21979.1 NAC 1.0 INTRODUCTION At the request of CondoConversions.com, (Client), a property condition assessment was performed by National Assessment Corporation (NAC) on the 603, 605, 607 and 609 East 19th Street Apartments property located at 603, 605, 607 and 609 East 19th Street in National City, California (Subject Property). This assessment was authorized on September 29, 2004, and performed in accordance with the Client's scope of work for Property Condition Assessments. This report was prepared by Greg L. Gavasse, PE (State of California License # C61447) and reviewed by Steve Canty, of NAC Real Estate Engineering Services and Noreen Clindinning a Vice President of NAC. 1.1 Purpose The purpose of this Property Condition Assessment was to observe and document readily visible materials and building system defects which might significantly affect the value of the property, and determine if conditions exist which may have a significant impact on the continued operation of the facility during the evaluation period. 1.2 Reliance All reports, both verbal and written, are for the benefit of CondoConversions.com. This report has no other purpose and may not be relied upon by any other person or entity without the written consent of NAC. 1.3 Scope and Exceptions This Report is based on a site visit, in which National Assessment Corporation performed a visual, non -intrusive and non-destructive evaluation of various external and internal building components. Representative samples of the major building components were observed and physical conditions evaluated in general accordance with ASTM E2018-01. These systems include site development, building structure, building exterior and interior areas; mechanical, electrical, and plumbing systems, conveyance systems, Life safety/fire protection, and general ADA compliance. Photographs were taken to provide a record of general conditions of the facility, as well as the specific deficiencies observed. The Property Condition Report is not a building code, safety, regulatory or environmental compliance inspection. National Assessment Corporation observed the interior spaces to determine their general character and condition. During the site visit we interviewed the available site personnel and/or property managers to add or confirm information. NAC reviewed available drawings or site documentation to confirm the general character of the construction. NAC also made inquiries to the local building department, zoning department and fire marshal's office. If any additional information is encountered concerning the facility, it should be forwarded to NAC for possible re-evaluation of the assumptions, conclusions and recommendations presented herein. The recommendations and opinions of cost provided herein are for observed deficiencies based on the understanding that the facility will continue operating in its present occupancy classification. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 5 CONDOCON V ERS IONS.COM NAC This Report is based on the evaluator's judgment of the physical condition of the components, their ages and their expected useful life (EUL). The conclusions presented are based upon the evaluator's professional judgment. The actual performance of individual components may vary from a reasonably expected standard and will be affected by circumstances that occur after the date of the evaluation. The Report does not identify minor, inexpensive repairs or maintenance items, which are clearly part of the property owner's current operating budget so long as these items appear to be addressed on a regular basis. The report does identify infrequently occurring maintenance items of significant cost, such as exterior painting, deferred maintenance and repairs and replacements that normally involve major expense or outside contracting. In addition, the following building systems and components were excluded from the property assessment: • Access to the building rooftops. • Access to the electrical closets. The following terms are used throughout the report and are defined as follows: Excellent: New or like New Good: Average to above -average condition for the building system or material assessed, with consideration of its age, design, and geographical location. Generally, other than normal maintenance, no work is recommended or required. Fair: Average condition for the building system evaluated. Satisfactory, however some short term and/or immediate attention is required or recommended, primarily due to the normal aging and wear of the building system, to return the system to a good condition. Poor: Below average condition for the building system evaluated. Requires immediate repair, significant work or replacement anticipated to return the building system or material to an acceptable condition. Unless stated otherwise in this report, the systems reviewed are considered to be in good condition and their performance appears to be satisfactory. 1.4 Opinion of Probable Cost Based upon observations during our site visit and information received from our interviews with building management and service personnel, which for the purpose of this report was deemed reliable, NAC prepared general -scope, Opinions of Probable Cost based an appropriate remedy for the deficiencies noted. Such remedies and their associated costs were considered commensurate with the Subject's position in the market and prudent expenditures. These opinions are for components of systems exhibiting significant deferred maintenance, and existing deficiencies requiring major repairs or replacement. Repairs or improvements that could be classified as (i) cosmetic, (ii) decorative, (iii) part or parcel of a buildings renovation program or to reposition the asset in the marketplace, (iv) routine or normal preventative maintenance, or (v) that are the responsibility of the tenants were not included. PROPERTY CONDITION REPORT 6 CONDOCONVERSIONS.COM NAC PROMCT No.: 04-21979.1 f NAC It is the intent of this report to reflect material physical deficiencies and the corresponding opinion of probable costs that are (i) commensurate with the complexity of the subject property and (ii) not too minor or insignificant. Opinions presented in this report are from a combination of sources. The primary sources are from R. S. Means Repair and Remodeling Cost Data and R. S. Means Facilities Maintenance and Repair Cost Data, as well as National Assessment Corporation's past experience with construction projects. When appropriate, NAC solicited and obtained local subcontractor pricing, or utilized historical cost data provided by the property manager. Information furnished by site personnel or the property management, if presented, is assumed by National Assessment Corporation to be reliable. Replacement and Repair Cost estimates are based on approximate quantities. A detailed inventory of quantities for cost estimating is not a part of the scope of this Report. 1.5 Document Review and Interviews NAC was provided the following written documents for review: • None. The following people or organizations were interviewed by NAC staff during the site visit or report preparation: • Ms. Linda Morgan, Rental Assistant, (619) 424-8600. • National City — Building Department, (619) 336-4261. • National City — Planning Department, (619) 336-4310. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 7 CONDOCONVERSIONS.COM NAC 2.0 SYSTEM DESCRIPTION AND OBSERVATION 2.1 Overall General Description The Subject Property, 603, 605, 607 and 609 East 19th Street Apartments, is located at 603, 605, 607 and 609 East 19th Street in National City, California (Subject Property). The assessment was conducted on September 29, 2004. The Subject Property consists of a rectangular shaped parcel of land and is situated at the south side of East 19th Street, approximately one mile west of I-805. The property is improved with three, 2-story, multifamily buildings and one, 1-story, residential building. The buildings contain approximately 7,400 net rentable square feet and a total of nine apartment units. Site amenities were not observed. Current building improvements include conventional wood framed structures constructed from on grade reinforced concrete footings. Exterior walls consist of wood framed bearing walls clad with stucco and hardboard siding. Roof framing consists of lx wood decking and/or plywood decking over wood rafters/joists spanning to wood beams. NAC visited the National City Building Department twice to research the building department file for the original building permit, Certificate of Occupancy and any outstanding violations. However, Ms. Rebeca Lattire with the National City Building Department, stated that she could only find one file for 605 East 19°i Street (single story residence) and could not locate any additional files (603, 607 and 609). No violations were noted in the building department file and copies of the original building permits are contained in the appendix. The fire department reported that they were unaware of any outstanding violations. The Subject Property provides two carport spaces, eight garage spaces and three open space parking stalls. The Property does not provide any ADA accessible parking spaces. Typical interior finishes include painted drywall walls and spray applied acoustical ceilings. Laminate wood kitchen cabinets with laminate countertops and ceramic tile countertops are standard throughout the complex. Floor finishes include sheet vinyl flooring and vinyl composition tile in the kitchens and baths and carpeting in the living areas. Air conditioning is not provided; however, the units are heated via wall mounted gas fired heaters (Bldg 605) and gas fired forced air units (Bldgs 603, 607 and 609). 2.2 Site Visit The site visit portion of this property condition assessment was performed on September 29, 2004 by Greg L. Gavasse, P.E., a Professional Associate of NAC. The following summarizes the building systems evaluated. • Site Development • Electrical System • Building Structure • Plumbing Systems • Building Exterior • Conveyance System • Building Interior • Life Safety/Fire Protection • Mechanical System • ADA Compliance PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 8 CONDOCON V ERSION S.COM 2.3 Site/Site Improvements 2.3.1 Topography Description: The site contains a slight slope from the west down to the east. The site primarily drains away from the buildings and to the east. There are no surface geological features present. Observations/Comments: No observed or reported deficiencies were noted. 2.3.2 Storm Water Drainage Description: Storm water from the Subject Property drains via sheeting action over concrete pavement and landscaped areas towards area catch basins. The site appears to be adequately drained. Observations/Comments: No observed or reported deficiencies were noted. No evidence of significant water ponding was observed. 2.3.3 Paving Type/Age Description: Concrete pavement is provided at the entry drive and site parking areas. The concrete pavement is in fair to good condition. Observations/Comments: The concrete pavement is in fair to good condition with minor cracking noted. Sealing of minor cracking is assumed to be part of the property's routine maintenance/annual operating expenses. Therefore, routine maintenance, which includes striping is anticipated over the term. 2.3.4 Curbs Description: Curbing along the adjacent sidewalks/public street is constructed of concrete. Site curbing is located in limited areas and is constructed of concrete. Observations/Comments: No observed or reported deficiencies were noted. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 9 CONDOCON V ERS IONS. COM 1 NAC 2.3.5 Pavement Striping Description: Parking spaces are delineated with white striping. The Subject Property provides two carport spaces, eight garage spaces and three open space parking stalls. The Property does not provide any ADA accessible parking spaces. Observations/Comments: Striping is in fair to good condition. However, based on the estimated useful life of the striping, striping will be required over the term. Re -striping is considered as routine maintenance as there are only three open site spaces. No other observed or reported deficiencies were noted. 2.3.6 Flatwork/Stairs/Railing/Fencing Description: The pedestrian walkways and site stairs consist of cast -in -place concrete with a light broom finish. The property contains perimeter fencing, which consists of a combination of 5' high wood fencing and concrete masonry unit (CMU) base walls with wood pickets on top. Observations/Comments: The cast in place concrete walkways and site stairs were observed to be in fair to good condition with minor cracking noted. The perimeter fencing is in fair to good condition overall. However, NAC observed termite damage in various areas. These can be repaired as part of routine maintenance. Routine maintenance/replacements are anticipated over the term. 2.3.7 Landscaping and Appurtenances Description: Mature pahn trees, shrubs, ground cover and turf are provided at the property perimeter. Landscape irrigation is controlled by an automatic system. Observations/Comments: Landscaping is in fair overall condition. However, NAC observed missing and dying turf /shrubs located in front of Building 607. Immediate reserves have been allocated for replacements. In addition, routine maintenance is anticipated over the term. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 10 CONDOCONV ERSIONS.COM • J NAC 2.3.8 Utilities Description: Necessary utilities are installed and available to the site and appear adequate for the property needs. Per the site contact, the solid waste dumpsters are provided by EDCO. Sweet Water Authority provides water services and National City provides sanitary sewer services. San Diego Gas and Electric (SDGE) supplies electricity and gas services to the site. SBC provides telephone service to the Subject Property. UTILITY I►1�� r SDGE �' ?a . Adequate Electric Sewer National City Adequate Solid Waste EDCO Adequate Water Sweet Water Authority Adequate Gas SDGE Adequate Telephone SBC Adequate 2.3.9 Site Lighting Description: Site lighting consists of wall mounted fixtures on the subject buildings and adjacent pole mounted streetlight standards. Observations/Comments: The fixtures appear to be fair to good condition. Routine maintenance/replacements is anticipated over the term. 2.3.10 Waste Storage Area Description: There is one solid waste dumpster enclosure at the property, which is located at the side of Building 607. The dumpster is enclosed with CMU walls and wood gates. Pavement consists of concrete. Observations/Comments: The solid waste dumpster is owned, serviced and maintained by the waste disposal contractor (EDCO Disposal). No observed or reported deficiencies were noted. 2.3.11 Site and Building Signage Description: Property signage was not observed. The buildings contain address identification located at building frontage. Apartment units contain painted metal numerals located on entry doors. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 1 1 CONDOCONVERSIONS.COM Observations/Comments: No observed or reported deficiencies were noted. Routine maintenance/replacements are anticipated. 2.3.12 Retaining Walls Description: Structural retaining walls were not observed. 2.3.13 Other Site Amenities/Recreational Facilities Description: Site amenities and recreational facilities were not observed. 2.4 Structural Frame and Building Envelope 2.4.1 Substructure Description: NAC was not provided with any architectural / structural plans; therefore, NAC assumes that the foundations consist of perimeter footings and grade beams beneath load bearing walls and concrete slabs on grade. Note Building 605 contains a crawl space beneath the building. Observations/Comments: Foundation and footing construction could not be verified while on -site due to hidden conditions. Observations of the exterior walls revealed no significant signs of cracking or movement that would indicate excessive settlement or an improperly installed foundation system. There were no observed or reported deficiencies noted. 2.4.2 Superstructure Description: NAC was not provided with any architectural / structural plans and access to structural components was limited. Therefore, based on our limited access, the structural components of the buildings are as follows. Roof and second floor framing consist of I wood decking and/or plywood decking over wood rafters/joists spanning to wood beams. Roof and second floor framing are supported by wood framed bearing walls and wood posts. The first floors consist of concrete slabs on grade, except for Building 605, which consists of 1x wood decking over wood joists. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 12 CONDOCON VERSIONS.COM L NAC Observations/Comments: There were no observed or reported deficiencies noted. 2.4.3 Facades Exterior Walls Description: Exterior surfaces of the buildings are finished with stucco, hardboard siding and wood trim. NAC could not determine if the hardboard siding was manufactured by Masonite® due to limited accessibility. Note there have been many class action lawsuits against the Masonite® Company for defects in their hardboard siding. To determine if the siding is manufactured by Masonite®, the siding must be removed and the rear side of the siding needs to be inspected to see if the word "Masonite" and/or the number "X-90" is stamped on the siding itself. Observations/Comments: The exterior stucco and siding appear to be in fair to good condition. Reserve replacements have been allocated for re -painting over the term. Windows Description: Exterior windows consist of metal frames with window putty compound and single - glazed glass and at Building 605 and white anodized aluminum frames with single -glazed glass at Buildings 607, 603, and 609 (gasket sealed). Sealant joints appear to be in average condition for their respective ages. Observations/Comments: Exterior windows are in fair to good overall condition. Routine maintenance and sealant replacements are anticipated over the term. Doors/Frames Description: Building entry doors are solid core wood doors set in wood frames. Door entry hardware typically is a knobbed -keyed lock with separate deadbolt. Interior doors are typically painted hollow core wood with wood doorframes and trim. Observations/Comments: Exterior doors are in fair to good overall condition. Routine maintenance/replacements are anticipated over the term. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 13 CONDOCON VERSIONS.COM r NA:C 2.4.4 Roofing Roof Type Description: The roofs contain asphalt composition shingles at pitched areas. Note roof access was not available; therefore, NAC is estimating the remaining useful life of the roofs based on the year of installation / age of the roofing. Observations/Comments: The roofing appears to have been in place for 10 years. The roofing appears to be in fair to good condition. Based on the estimated useful of the roofs, NAC recommends that the roofs be replaced in year ten of the term. Building Approx. SF Reported Age (Yrs,) Type Four Apartment Buildings 4,700 10 Composition Shingle Active Leaks Description: Tenants did not complain of any active roof leaks and NAC did not observe any signs of active roof leaks. Roof Drainage Description: The roof drainage is a surface discharge. Observations/Comments: The roofs are pitched and drainage appeared to be adequate. However, stormwater sheet flows off of the rooftops to the adjacent pavement / landscaping. Gutters and downspouts were not observed. Warranty Comments: The site contact was unaware of any roof warranty. 2.4.5 Stairs Description: The buildings contain interior and exterior staircases. Interior staircases consist of wood stringers, wood treads and wood risers covered with carpeting. Interior staircases contain wood handrails. Exterior staircases consist of wood stingers, wood treads and open risers. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 14 CON DOCON V E,RS I ON S. COM C NAC Exterior staircases contain wood framed railings with hardboard siding and 2x wood caps. Observations/Comments: Staircases were observed to be in fair to good overall condition. Routine maintenance, carpet replacement and painting are anticipated over the term. 2.4.6 Balconies/Elevated Walkways Description: Only Buildings 607 and 609 contain balconies. Balconies consist of plywood decking with an elastomeric topping/sealant supported by wood joists. Railings consist of wood framing with plywood sheathing inside and hardboard siding outside with 2x wood caps. The buildings do not contain elevated walkways. Observations/Comments: The balconies are in fair overall condition. However, NAC observed significant termite damage in the wood railings located at Building 607. In addition, NAC observed a hole/damaged decking located at Building 609 along with termite damage. Immediate reserves have been allocated for railing replacement and for deck repairs. In addition, immediate reserves have been allocated for a termite inspection to ascertain the extent of termite damage. Reserve replacements have also been allocated for repainting over the term. 2.5 Mechanical, Electrical & Plumbing 2.5.1 HVAC Systems Description: Air conditioning is not provided at the Property. Heating is provided by a gas fired wall heater in Building 605 and by gas fired forced air units in Buildings 603, 607 and 609. Observations/Comments: The gas wall heater located in Building 605 is in poor condition, beyond its estimated useful life and is need of replacement. Immediate reserves have been allocated. The gas fired forced air units in Buildings 603, 607 and 609 appear to be in fair to good condition; however, based on their estimated useful lives, reserve replacements have been allocated over the term. 2.5.2 Electrical Systems Description: Electrical service is provided by the SDGE..NAC was not provided access to the main distribution panels and / or meters. Therefore, the voltage, phase and type of wiring could PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 15 CON DOC ON V E RS I ON S. COM C NAC not be determined. Interior unit wiring was observed to be copper. Surface incandescent fixtures provide the interior lighting. SBC provides telephone trunk lines. Observations/Comments: According to the manager, the electrical system for the Subject Property including panel boards, lighting and wiring systems are in good condition and adequately sized for the current use of the buildings. Routine maintenance is anticipated over the term. 2.5.3 Plumbing Systems Piping Systems Description: Hot and cold water piping was observed to be copper with ABS vent piping. Site water and sewer lines appear to be in fair to good operating condition. Observations/Comments: NAC observed water stained living room ceilings located in Units 603D, 603C and 603A. The water stained ceilings appear to be due to a plumbing leak from the restroom above. Immediate reserves have been allocated for repairs. No other significant observed or reported deficiencies were noted. Domestic Hot Water Description: Reportedly, Sweet Water Authority provides the cold water supply to the Subject Property. Water piping was observed to be copper. The property contains nine, 30-40 gallon, gas fired water heaters. The water heaters are located in apartment unit closets. Observations/Comments: The water heaters contain seismic restraints/strapping and are in overall fair condition for their age. Based on the expected useful life of the water heaters, reserve replacements have been allocated over the term. 2.6 Vertical Transportation/Conveyor Systems 2.6.1 Elevators Description: No elevators were observed or reported at the subject property. PROPERTY CONDPPION REPORT NAC PROJECT No.: 04-21979.1 16 CONDOCON V ERSIONS.COM NAC 2.6.2 Escalators Description: No escalators were observed or reported at the subject property. 2.7 Fire/ Life Safety 2.7.1 Fire Sprinklers Description: The apattntent units do not contain fire sprinklers. 2.7.2 Life Safety/Alarm Systems Description: The buildings contain external fire extinguisher cabinets and battery operated smoke detectors in apartment unit bedrooms and/or hallways. The fire extinguishers are inspected annually and carry current tags Last inspected in February of 2004. Observations/Comments: Apartment units do not contain smoke detectors in bedrooms. Immediate reserves have been allocated for hard wired smoke detector installation in all bedrooms. Routine replacements/inspections are anticipated over the term. 2.8 Interior Elements 2.8.1 Room Mix Description: There is 1 — three bedroom / one bathroom unit; 4 — two bedroom / one and one-half bathroom units and 4 — two bedroom / one bathroom units at the property. 2.8.2 Viewed Spaces Common areas and nine apartment units were observed. APARTMENT UNITS OBSERVED Occupied Units 35-% ,Otitierved Unit Type Comments/Issue Occupied- Fair to good condition, dated appliances. Carpet fair. 605 3 Bedroom / 1 Bathroom 607A 2 Bedroom / 1 Bathroom Occupied- Fair to good condition, dated appliances. Carpet fair to poor. 609 2 Bedroom / 1 Bathroom Occupied- Fair to good condition, dated appliances. Mildew / mold in the bathroom ceiling. Poor sheet vinyl flooring and carpeting. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 17 CONDOCON V ERS IONS.COM NAC APARTMENT UNITS ORSF.,RVED Occupied Units - 35 %o Observe Unit Type Comments/Issue 603A 2 Bedroom / 1.5 Bathroom Occupied- Fair to good condition, dated appliances. Carpet fair. Mildew in bathroom ceiling. Water stained ceiling in living area. 603B 2 Bedroom / 1 Bathroom Occupied- Fair to good condition, dated appliances. Carpet fair. Termites in railing. 603C 2 Bedroom / 1.5 Bathroom Occupied- Fair to good condition, dated appliances. Carpet fair. Water stained ceiling in living area. 607B 2 Bedroom / 1 Bathroom Occupied- Fair to good condition, dated appliances. Carpet fair. Mildew in bathroom ceiling. 607C 2 Bedroom / 1.5 Bathroom Occupied- Fair to poor condition, dated appliances. Carpet poor. Mildew in bathroom ceiling. Vinyl pool. 603D 2 Bedroom / 1.5 Bathroom Occupied- Fair to good condition, dated appliances. Water stained ceiling from leaking tub above, which was reportedly repaired. VacanttUnits- 0_%a%a Observed None reported. Down Units- 0 % Observed None reported. 2.8.3 Floor Coverings Description: Floor coverings consist of sheet vinyl flooring in the kitchens and bathrooms. Carpeting is provided in the balance of the apartment units. Observations/Comments: Vinyl and carpet flooring is in fair overall condition. However, vinyl and carpeting in Units 609, 607A and 607C are in poor condition. Immediate and reserve replacements have been allocated for flooring replacements over the term. 2.8.4 Ceiling/Walls Description: The interior walls and ceilings are constructed of drywall finished with paint. Ceilings also contain spray applied acoustical material. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 18 CONDOCONVERSIONS.COM 0 NAC Observations/Comments: Interior finished were observed to be in fair to good condition overall. Other than routine maintenance, which would include interior painting, replacement of window coverings, and repair of down/vacant units, there were no other significant deficiencies noted. However, NAC observed water stained ceilings in Units 603D, 603C and 603A. Immediate reserves have been allocated for plumbing repairs and for refinishing. 2.8.5 Appliances Description: Appliances provided in the kitchens consist of gas ranges with hoods, dishwashers and garbage disposals. Observations/Comments: The majority of the appliances appear to be older. Therefore, reserve replacements have been allocated for phased replacements. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 19 CONDOCON V ERSIONS.COM NAC 3.0 ADA COMPLIANCE The scope of this report is limited to a general overview of the subject improvement's common public areas (of improvements considered to be "Public Accommodations") based upon the requirements of Title III of the Americans with Disability Act (ADA). Per Title III, disabled persons are to be provided accommodations and access equal to, or similar to, that available to the general public and requires that architectural and communication barriers in existing public accommodations be removed if they are "readily achievable" and are not an "undue burden". Most states and local municipalities have adopted accessibility requirements that, in some cases, may be more stringent than the ADA. The review of the Subject Property for compliance with state and local accessibility requirements is beyond the scope of this report. Any "place of public accommodation", which is designed and constructed for first occupancy after January 26, 1992 is required to be compliant with ADA requirements. The purpose of this section is to identify certain obvious items that do not appear to be in general conformance with the Title III requirements; without inferring that correction of the reported items will bring the property into total compliance with the ADA. While opinions of cost to correct or remove noted barriers are provided herein, they do not constitute an opinion that elimination of the barriers is "readily achievable" and not an "undue burden" as defined by the ADA. The owner must determine this issue. The ADA is not intended to affect the contractual responsibilities existing in lease agreements between owners and tenants. Typically, the tenant is responsible for reviewing and making readily achievable accommodations in its own lease/work space while the owner is responsible for the common areas of the improvements. Given the age of this facility, it is not in compliance with the current minimum ADA guidelines specifically as it relates to areas of "Public Accommodations" such as entrances, parking and restrooms. Additionally, no major renovations to the Subject Property were reported to have been done after January 26, 1992. Therefore, Title III of the ADA does not apply to this property at this time. It is also important to note that the ADA was enacted as a guideline for designing new buildings and was not necessarily intended to serve as a regulation for existing buildings. Therefore, implementation of certain upgrades may not necessarily be mandated due to "grandfather clauses" and/or "undue hardships" involved in satisfying ADA standards. Upgrades and/or retrofits would most likely be required only in the event of significant property remodeling, reconstruction or use/occupancy reclassification. The extent of any upgrade requirements would be subject to interpretation by any number of city, state or federal agencies. Corrections, if mandated, of these conditions should be addressed from a liability standpoint and are not considered code violations. The guidelines are civil rights issues as they pertain to the disabled. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 20 CONDOCON V ERSIONS.COM Tr IN AC 4.0 REGULATORY COMPLIANCE As part of this report, the National City Building and Fire department records were searched for outstanding violations at the Subject Property. However, NAC visited the National City Building Department twice to review the building department file. The only file that was located was for 605 East 19th Street (single story residence). No violations were noted in the building department file and copies of the original building permits are contained in the appendix. The fire department reported that they were unaware of any outstanding violations. T''4�'µ 'q�d • Fire Department National City Fire Prevention 619/336/4550 No reported violations. Planning Department National City Planning Department No reported violations. Building Department National City Building Department 619/336/4261 No reported violations. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 21 CON DOCON V ER S I ON S. COM NAC 5.0 LIMITATIONS Property Condition Assessments are observational in nature. Information contained in this report was obtained by means of site observations, interviews and Client -provided documents. Evaluation by visual observation is specifically limited to those items or components that are readily accessible and visible to the unaided eye. No testing, either destructive or non-destructive, was performed, and no calculations were performed to determine the capacities of the existing building systems. The observation of concealed or inaccessible areas of the Subject Property, which would have required the use of destructive investigation, was beyond the contracted Scope of Services. The information presented in this report represents the condition of the Subject Property at the time of NAC's site visit; other problems may develop with time that were not evident at the time of this assessment. NAC has prepared this assessment using that degree of care and skill ordinarily exercised under similar conditions by reputable consultants performing due diligence in this or similar localities. No other expressed or implied warranty is made regarding the content of this assessment. The section "Out of Scope Considerations" of the ASTM "Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process" (ASTM E 2018-01) is incorporated by reference. Items identified as requiring action are so noted. NAC's conclusions and recommendations should be not construed in any way to constitute a warranty or guarantee regarding the current or future performance of the facility. Costs are approximations only and should not be interpreted as being neither a bid nor an offer to perform the work. This report is intended to be read in whole. Information provided in the various sections is complementary and in some instances provides additional explanation of information concerning the assessment. Therefore, interpretations and conclusions drawn by reviewing only specific sections are the sole responsibility of the user. The representations regarding the status of ADA Title III compliance were based on visual observation and without any physical measurement and, thus are only intended to be a good faith effort to assist the Client by noting non -conforming conditions along with estimates of costs to correct and are not to be considered to be based on an in-depth study. CondoConversions.com has the right to reproduce in full and provide copies of the condition survey report to interested parties, including CondoConversions.com's Agents, bond rating agencies, and exiting/potential loan or loan -pool participants. All reports, both verbal and written, are for the benefit of CondoConversions.com and its agents, employees, participants, and assigns. This report is addressed to CondoConversions.com, such other persons as may be designated by CondoConversions.com and their respective successors and assigns. Special Conditions include (i) the Report may be relied upon by CondoConversions.com in determining whether to make a loan evidenced by a note ("the Property Note") secured by the Subject Property, (ii) the Report may be relied upon by any purchaser in determining whether to purchase the Property Note from CondoConversions.com and any rating agency rating securities issued by or representing an interest in the Mortgage Note, (iii) the Report may be referred to in and included with materials offering for sale the Property Note or an interest in the Property Note, (iv) persons who acquire the Property Note or an interest in the Property Note may rely on the Report, (v) the Report speaks only as of its date in the absence of a specific written update of the Report signed and delivered by Contractor. This report has no other purpose and may not be relied upon by any other person or entity without the written consent of NAC. PROPERTY CONDITION REPORT NAC PROJECT No.: 04-21979.1 22 CONDOCON V ERS ION S.COM NAC TABLES NAC PIInTOGRAPH LOG PHOTOGRAPH NUMBER PHOTOGRAPH REVIEW AND COMMENTS I View of front elevation, 605 E. 19th Street. 2 View of front elevation, 607 E. 19t11 Street. 3 View of front elevation, 603 E. 9i1' Street. 4 View of front elevation, 607 E. 19'h Street. 5 View of side elevation, 607 E. 19i1' Street. 6 View of front elevation, 609 E. 9th Street. 7 View of rear elevation, 603 E. 19th Street. 8 View of entry stairs, 605 E. 19th Street. 9 View of entry stairs, 607 E. 19th Street. 10 View of rooftop, 605 E. 19th Street. 11 View of entry drive, 607 & 609 E. 19th Street. 12 View of missing turf, 607 E. 19th Street. 13 View of gas meters, 607 E. 19th Street. 14 View of solid waste dumpster enclosure. 15 View of electrical subpanel. 16 View of termite damage in site fencing. 17 View of washer / dryer. 18 View of water heater. 19 View of water heater. 20 View of gas tired forced air unit. 21 View of kitchen. 22 View of gas fired heater, 605 E. 19t1i Street. 23 View of bedroom. 24 View of bathroom. 25 View of interior stairs. 26 View of bedroom. 27 View of kitchen. 28 View of bathroom. 29 View of bedroom. 30 View of bathroom. 31 View of balcony. 32 View of balcony railing cap, termite damage, 607 E. 19th Street. _ 33 View of garage. 34 View of mildew / mold in bathroom ceiling, 609 E. 19th Street. 35 View of kitchen. 36 View of worn/deteriorated vinyl flooring, 609 E 19t1' Street. 37 View of hole in balcony decking, 609 E. 19th Street. 38 View of water stained ceiling, 603D E. 19th Street. PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 1: Photograph Number 2: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 3: Photograph Number 4: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 5: Photograph Number 6: CONDITION ASSESSMENT NAC PROJECT No.: 04-21979. I Photograph Number 7: Photograph Number 8: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 9: Photograph Number 10: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number l 1: Photograph Number 12: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 13: Photograph Number 14: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 15: Photograph Number 16: PROPERTY CONDITION ASSESSMENT N.AC PRoJEc r NO.: 04-21979. I Photograph Number 17: Photograph Number 18: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1. Photograph Number 19: Photograph Number 20: PROPERTY CONDITION ASSESSMENT NAC PROJECT NO.: 04-21979.1 Photograph Number 21: Photograph Number 22: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 23: Photograph Number 24: PkOPERTY' CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 25: Photograph Number 26: PROPERTY CONDITION ASSESSMENT NAC PROJECT NO.: 04-21979. t Photograph Number 27: Photograph Number 28: PROPERTY CONDITION ASSESSMENr NAC PRotECT No.: 04-21979.1 Photograph Number 29: Photograph Number 30: PROPERTY CONDITION ASSESSMENT NAC PROJECT NO.: 04-21979.1 Photograph Number 31: Photograph Number 32: PROPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 • Photograph Number 33: Photograph Number 34: OPERTY CONDITION ASSESSMENT NAC PROJECT No.: 04-21979.1 Photograph Number 35: Photograph Number 36: PROPERTY CONDITION ASSESSMENT NAC PRo7ECTNO.:04-21979.1 Photograph Number 37: Photograph Number 38: PROPERTY CONDITION ASSESSMENT NAC PROJECT NO.: 04-21979.1 Ina NAC APPENDIX B SITE LOCATION MAP SITE PLAN OPRR:IY C ONJI1'I023 RF.POR? CONUOCONVERSIONS.COM C,PROJEC • id* 1' ?-:. 9 , V ,1185' 7t, 81 ..111 '44 111.— Hiqr8444 4,48,, Q -7t 1800F '1— Mt SO ,i1 J .-4. ,18410'1' ,DELoRme ptte uas .444114 144419 87.-4 4.-lte 1,,,,,,,, * 4 i 0 140 180 120 580 7....zouro: a MO SITE VICINITY MAP Legend: N NATIONAL ASSESSMENT CORPORATION 1320 HARBOR BAY PARKWAY, SUITE 260 ALAMEDA, CA 94502 (510) 337-2855 Site Name: 605 E. 197h Street Apts Project Number: 04-21979.1 F Avenue E. I9`h Street 605 E. 19th Street 1-Story Residence Solid Waste Dumpster Allen 603.Fi. 19`h Stieet. -Story Apt Bldg' A Entry Drive & Parking NATIONAL ASSESSMENT CORPORATION 1320 HARBOR BAY PARKWAY, SUITE 260 ALAMEDA, CA 94502 (510) 337-2855 NAC PROJECT NO.: 04-21979.1 SITE PLAN SITE NAME: 605 E. 19`h Street Apts Legend: Drawing NOT to SCALE 04-21979.1 Map Site Plan.doc NAC 12/0I NAC APPENDIX C SUPPORTING DOCUMENTATION NAC NOT APPLICABLE FOR THIS REPORT Renovation Details Proposed for 603-609 E. 19th street, National City Condominium Conversion (Please see proposed architectural/enhanced elevations) Owner Proposes to Renovate the Buildings at 603-609 E. 19t1i street as follows: • Replace existing roof with new roofing materials as needed* • Paint building exteriors* • Paint unit interiors • Replace carpet and vinyl flooring in unit interiors* • Replace and or refinish kitchen cabinets as needed* • Replace existing plumbing fixtures* • Replace/Enhance exterior building lighting and fixtures • Provide new kitchen countertops where needed • Install new kitchen appliances • Replace Windows • Replace/Add Landscaping** • Replace balcony railing* • Abate mildew/mold and restore finishes* • Repair balcony deck* • Added Barbecue Area** • Bench Seating with common area* * * As identified in table 1 — Immediate Repair and Deferred Maintenance Expenditures, NAC Property Condition Report. * As identified in the proposed site and landscape plan. CondoConversions.com P.O. Box 1243 La Mesa, CA 91944 Phone (619) 462-1897 Fax (619) 462-1818 rttuNF-(RULY NOIEN 038 SD +8584990290 T-S88 P.01 F-148 WOOD ► ESTROYINC PESTS A D OR.0 LsMS INSPECTION REPoRT aLY 611419 Eat ISthStioz Neiceal CeyTp 919$0' Truly Nolen of America Inc, 4891 Mercury Street San Diego 92111 (858) 499-0255 Re:istration Number # PRO 285 Ordered by: Mr. Cox Property Owner and /or party of Interest: Mr. Cox Nta16QQf B f COMPLETE REPORT ❑ LrMTTrEn REPORT Eg SUPPLEMENTAL REPORT General Description: 9 UNIT COMPLEX 2 STORY Inspection Tug Postedd:: EXTERIEXTERI RREPORTOR, GARAGE, and Interior Other Tags Posted: An inspection has been made of the structure(s) NONE Detached porches, detached steps. tue(s) shown on the diagram in accordance with the Structural Pest Control Act. s detached decks and an other structures not on the dia ana were nor inspected Subterranean Termites® Drywood Termites S an Y rr the above boxes are the it indicates that There were visible of Other Findings , . in F Inspection _ ...L.._..._;... IaH 1 accessible areas. the ..tt . . . for data E... L.:...' i... : ... . an e I. items. ..;......)... 1 1a r . I..•`. I. 2 , I � -i...w i.Qu7...'... ... 1►j t; • - y � g..:. . '"7"...kir...-- ; .......... .... :. .;;„:..i...;...; t F , ..F... I......i• • .. .' F. --I...: . •.`.,.:.... i..:.. nirL ••t', F I W��Cdk ......i : ' F : : I : : J,..i... .. 1, i _ ,l p..:...._t•.f...;...j...� ...[lam!_-5� ... �..1(.. . ..�.� _ -I . J... t...f...l.�•:.: .d n: »d...t 1 i •.I•. _• _.I..,• _� ...,...:.. r [ p ...F---i' •..I ..i„ ,, - t • I "F t . 4..., ....:.. .... j , : : r .._.. •,_ f : • r i ,! a ...i... ... ;...1... .i... ...i... F ' •'. --: ig.„,.. ',:,',„;_ ',. _'' ; . ; ,:;...,,l- : : . : :. : ::"' r ' ... . ' ' . I ' • ,:.- _ z�- . ,.F...i...g. _,,.. ....!,...' ....1.,.! ..[...).,.`....,._ .,'.. �...:...S... f. l [Zm e Inspected by: ,.......� .....i........:...1.. ,. . eel Y Scott Sk'erve State License No. 1.»..._,-,...... .. ...L.. 1 FR 26149 S... at You 0'9 emitl9O to opl94n aoplas or all', ens and completion notice, on this erepehy ]limed le the structure) Peel COMPOI eoord during rho pr000dins two Yedrs. To obtain copies corneae Structural Pest Conlin; Beard. 1418 Howe AwanUo. Suido la, Sacramento, California, 86025.4204, NOTE Questions or problems concerning the above roport should be directed l0 r11e lnangger of the company. unresolved questions or problems with sorvicep Performed mmy be denoted to the Structural Pe4t Control Beard et (916) 601-9709, (900) 137-6108 or v++wr.newre,•,:1-a Received 07-22-2005 06:45am From-t858d980280 To-SAN DIEGO REALTY GRO Page 001 E0l-d 100 d 1fE-1 09ZZ 899 819 dllOa9 A11V31J 00310 NVS-meld I4d170:E0 S00Z-80-80 v(-4t-ue us:42 FROM -TRULY NOLEN OSA SD +858498028D Report ltumber R0380527051454 T-68e P.02/10 F-140 DIAGRAM KEY; (Not to Scale, Reference to approximate location of findings only) CD = cellulose Debris IS = Imbedded Stakes or Stumps EC Earth wood contact FG — Faulty Grade EM = Exccssive Moisture TA = Inaccessible NI = Not inspected WS=Water Stains S = Subterranean termites SD = Subterranean Damage K B - Powderpostm beetles Tom) = Drywood Damage Z = Dampwood termites Drywood tcked S FD = Fungus Damage CF = Crack in Foundation LS a Loose/cracked Stucco WHAT IS A WOOD DESTROYING PEST & ORGANISM INSPECTION REPORT? document It explains the scope and limitations of a structural ORT. and atd thus destroying peat & organism inspection report. Pest control inspection a wood A Wood Destroying Pest & Organism Inspection Report contains findings as to the presence or absence of evidence of wood destroying Insects or organisms in visible and accessible areas on the date of the inspection and contains recommendations for correcting any infestations, infections, or conditions found. The Wood Destroying Pest & Organism Inspection Report are governed by the Structural Pest Control Act and ith's Rules & Regulations. Sonic structures may not comply with building codes requirements or may have structural heating and air conditioning, or other defects that do not pertain to wood destroying organisms. A W electrical, Destroying pest & Organism Report does not contain information about any such defct e A Wood the scope of the license of the inspector or the company issuing this report. Y are not within The following areas were not inspected unless otherwise referred Co directly; Furnished interiors; inaccessible attics or portions thereof- the interior of hollow walls; spaces between a floor or porch deck and the ceiling or soffit below; stall showers over finished ceilings; widows, buttresses, and similar areas to which therehis no aooess segments defacing or rearing out lumber, bay masonry or finished work; built-in cabinet work; floors beneath coverings, areas where storage conditions or caring out lumber, locks make inspection impracticable. This property was not inspected for the presence or absence of health related molds or fungi. By California law we are neither qualified, authorized nor licensed ro inspect for health -related molds or fungi. If you desire information about the presence or absence of health related molds, you should contact an industrial hygienist. NOTE: This inspection is for the purpose of identifying wood destroying organisms, it is not intended to discover the presence of hazardous materials. If second story caves aro irraoccssiblc at the thno of' inspection due to ha hts of structure inspected front ground level. Further inspection is recommended. Truly g Nolen of . ri and therefore only possible damage may result from inspecting this area and disclaims all liabilitY"furtlfthis nia, Inc. Wert that requested a fee of time and materials will be charged for this service, her inspection is State law requires that you be given the following infonnatfon: cAU ea by ES IC Dural peE Tontrol OXIC CHEMICALS. apply S.Seal pest control companies are registered and use by the California Department of Food and Agriculture pesticides which tat retes gistered and al Protection approved for the Agency. Registration is granted when the state finndsuihat when based on xisting scientific evidence there are appreciable risks if proper conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the exposure, so exposure should be minimized. NOTICE TO OWNER Page 2 of 11 Received OT-ZZ-2006 06:45am From-+858400128D To-SAN DIEGO REALTY GRO Page OD? col-d ZOO d LYE-i OSZZ 899 619 dnOa9 A11Y3d o931O NYS-wwq wdg0:t0 SOOZ-80.-80 rKvir-Ixor.r Roi,EN cae 6) +e5e40902e0 Report number R0380527051454 T-688 P 08/10 F-149‘ Under the California Mechanics Lien Law any structural pest control company which contracts to do work for you, any contractor, subcontractor, laborer. supplier or other person who helps to improve your r not paid for his or her work or supplies, has a night to enforce a claim against your, property, a court hearing,property, but is your property could be sold by a coast officer and the proceeds of the sal used to satisfy the after indebtedness. This can happen even if you have paid your structural pest control company in full if the sttbcontractar, laborers or suppliers remain unpaid. To preserve their right to file a claim or lien a property, certain claimants such as subcontractors or material suppliers arc required to provide youwith a our document entitled "Preliminary Notice." Prime contractors and laborers for wages do not have to provide this notice, A Preliminary Notice is not a lice against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are nor paid If this is an Original Report and if an estimate or bid for making repairs was given with this report: "The company will re -inspect repairs done byothers within four months of the on p original inspection. A charge, any, can be no greater than the original nspection fee for each re -inspection, he re - inspection within ten (10) working days of request. The re -inspection is a visual inspection and if inspection off concealed areas is desired, inspection of work in progress will be necessary.mspeetfll must received from parties performing repairs." y Any guarantees must be t NOTICE: The charge for service that is company subcontracts to another person or entity may include the company's charges for arranging and administering such services that are in additional to the direct costs associated with paying the subcontractor_ you may accept Truly Nolen of America's bid or you may contract directly with another registered company licensed to perform the work. If you Choose to contract directly with another regiatored company, Truly Nolen of America will not in any way be responsible for any act or omission in the performance of work that you directly contracted with another to perform. "NOTICE: Reports on this structure prepared by various registered companies should )ist the same findings (I.e. termite infestations, termite damage, fungus damage, etc.). However, recommendations to correct these findings may vary from company to company. You have a right to seek a second opinion from another company." Local treatment is not intended to be an entire structure treatment method, If infestations of wood - destroying pests extend or exist beyond the area(s) of local treatment, they may not be exterminated, NOTE: This inspection report, the completion report, the service agreement form. and consumer disclosure forms make the entire agreement, rtr** ARBITRATION CLAUSE a** If this document is used for the re -{mine or transfer of property, then it is agreed by all parties the arbitration will be used to settle any disagreements. (See Service Agreement form.) "This property was not inspected for the presence or absence of health related molds or fungi. By California law we are neither qualified, authorized nor licensed to inspect for health -related molds or fungi. Ifyou desire information about the presence or absence of health related molds, you should contact an industrial hygienist." Guarantee IInformation: The report reflects observable conditions, infestations, and infections at the time and date of inspection. This warrareport only covers observations which were made in a non-destructive method(s). Unless a service, contract and ntee are purchased — this report can not be considered valid for more than ninety (90) days. Page 3 of 11 Received 07-22-2005 06f45am From-t9964850290 To-SAN DIE00 REALTY GRo Paso 009 E0I-d o 10/coo d 1Pt-1 05ZZ 999 819 diOa9 Al1tl3a 093Ia NVS-word wd50:80 500z-an-an 07-22-06 0S:43 FROM -TRULY NOLEN 038 SD +n949E10280 Report number R0380527051454 T-see P.04i1D F-148 For Treatments performed by Truly Nolen of America Inc.; Should area treated within one year (36S days) after the date of completion of the treatment- based upon inspectiOn by Truly Nolen of America remain infested or have become infested with live examples of the same insect a identified herein and treated; Truly Nolen will provide a re -treatment of the property. (Additional terms and conditions may apply please refer to the service agreement) For Treatments to areas infected with wood destroying fungi and treattnente have been provided by Truly Nolen ofAmerica; and should inspection reveal a re -infestation or will provide additional or re -treatment if the infection is found bycontinuation rof le oren iginal infesetica tation; Truly a alen within ninety (90) days ofcompletion of the treatment.. (Additional terms and conditions may apply e or to please refer e to the service agreement_)Y For Treatments performed by others subcontracted by Truly Nolen of America; Should based upon inspection by Truly Nolen within a period not to exceed one year (365 days) from the date of completion; live insects identified in this inspection and treated based upon the recommendations herein will make the infested area accessible for local treatment. 'fin the opinion of Truly Nolen additional treatments are needed a report will be filed. For services performed by Truly Nolen of America which are not treatments (pesticide applications) Truly Nolen only warrants that these services were completed in a workmanlike manner by the date indicated on the completion report. For services performed by third parties not contracted to or by Truly Nolen of America; there is no warrantee provided by Truly Nolen of America. Truly Nolen of America does not provide opinions on the quality or sufficiency of work done by others. A control service agreement extends and modifies some of these terms; please refer to your control service agreement (if any) for further information. A Control Service agreement is the regular annual inspection of your property. ,During these inspections the guaranteed infestations will be treated at the tine evidence of active infestation is discovered. There is no additional charge for treatments for covered infestations during the control service agreement term. Irthe infestation is not treated at the time of discovery; the treatment will be scheduled to be completed within fortyfive (45) days. This control service agreement will be based upon the Original Inspection Report on this property on this date. There will be a minimum of one inspection per year. The first follow-up inspection is 12 months from the effective date of this agreement. It a full treatment and guarantee is purchased the effective date of this agreement is one calendar year from the date of the original agreement treatment -completion date. This agreement will cancel automatically and wiII be void if the inspection is not completed within one calendar year of the effective date of this agreement. a The extended guarantee stays with the property address and cannot be transferred to another property or cly refunds made. The agreement may be extended for a maximum of two years upon the complete inspection of the covered property and fee payment, A new complete inspection and agreement must be made every three years. New reports may be made at any time we visit the property to reflect the current conditions. Only the areas described and diagram here are covered under this agreement; Areas of ibis structure nor covered under this control service agreement are not diagramed or detailed by this report. If Conditions change a new report will be issued. Fumigation may be recommended. However the cost of FZIMIGATION is not included m the fee for this control service agreement. NO repair or modification work is included under this agreement. These additional treatments will be guaranteed until the end of the current paid term of this agreement. All treatrnents of covered Treatments will be by current label for pesticide labeled and registered for this purpose. be completed writing to a later date. We will not fdo ttreatmentsestations lto a structure thawithin not under a current paisix months of d unless in fall agree in control service agreement. and in fall force Rage 4 of 11 Received 07-22-2008 08;45am From-+8584880280 To-s4N DIEGO REALTY GRO Page 004 E01-d Ol0/1r00 d 1P -1 OSZZ 899 819 dfi088 AI1V3a O93IO NVS-woad wd60:E0 s00Z-80-80 07-22-05 OS;I FROM -TRULY NOLEN 0311 SD +86a4ggszso Report number R0380527051454 T-sae P.05/10 F-14B :ROOF NOT INSPECTEA= The exterior surface of the roof was not inspeeted. if you want the water tightness of the roof determined, you should contact a roofing contractor who is licensed :Board, by the Contractors' Srato License This is a limited repot reason: Inaccessible Areas FINDINGS AND RECOMMENDATIONS (Please refer to Diagram, notations refer to these items) "This i9 a separated report which is defined as Section I/Section II conditions evident on the date of the i npection. Section I contains items where there is visible evidence of active infestation, infection or conditions that have resulted in or from infestation of infection. Section II items are conditions deemed likely to lead to infestation o,r infection but where no visible evidence of such was found. Further inspection items are defined as recommendations to inspect area(s) which during the original inspection did not allaw the inspector access to complete the inspection and cannot be defined as Section I or Section IL" T.EIIS IS A LL'47ITED REPORT: The area inspected is limited to Interior, Exterior, Attic on this diagram. With, the consent, knowledge, or at the request of the homeowner. Further inspection is recommended and an additional fee may be made. If a recommendation is made for treatment of wood - destroying pests, we also reconnnend that all accessible evidence of wood destroying pests be removed or covered. FINDING: Evidence of Subterranean Termites observed in the following areas: Exterior RECOMMENDATION: SUBTERRANEAN TERMITE TREATMENT. Treat soil and remove mud tubes. SECTION ONE FINDING: Evidence of Drywood Termites observed in the following areas: Substructure Area Attic Exterior Step/Porches Deck/Patio(s) Garage Interior Garage Exterior RECOMMENDATION: DRYWOOD TERMITES SECTION ONE FUMIGATION: (FUME) Enclose the structure for an all encompassing treatment. RECOMMENDATION: (MASK) pellets or mark evidence of infesration.(Cost of Masking included in treatment charge. SECONDARY RECOMMENDATION: (TruGuard) Truly Nolen TRUGUARD TREATMENT for DRYWOOD TERMITES. Expose infested area(s) for local treatment and/or remove infested wood. ?sge 5 of 11 Received ONE-2005 08:48am From-tO584880280 To-SAN DIEGO REALTY GRO Pawn OOB BOl-d 010/900'd 2P€-1 OSZZ 899 819 dl089 Al1V3d 09310 NYE-Waad wdS0:E0 SOOZ-80-60 0i-22-05 oS:43 PROM -TRULY NOLEN ins SD +85849E0280 Report number R0380527051454 T-S88 P,OS/10 F-14B Local treatment is not intended to be an entire structure treatment method. If infestations of wood -destroying pests extend or exist beyond the area(s) of local treatment, they may not be exterminated. This Secondary Recommendation is made as an option that may be more convenient or desirable to the occupants or owner of the structure; this recommendation is substandard. Truly Nolen Inc. Provides a warranty for Drywood Termites treated with this method please refer to agreement for full details NOTE: (TruGuard)In addition to treating all areas of known infestation, Truly Nolen will • roadcast treat all accessible unpainted, unsealed wood for the future prevention of drywood termites. Other likely points of entry will also be treated. Mask, mark, or remove accessible and visible pellets. FINDING: Evidence of FUNGUS or DRYROT observed in the following areas: Exterior Interior Step/Porches Deck/Patio(s) RECOMMENDATION: FUNGUS - DRYROT SECTION ONE Remove and repair structurally weakened damaged wood. Correct commonly controllable moisture sources. Apply wood preservative materials where label and construction permits. Items marked as 'SECTION ONE' are conditions associated with evidence of infestation or infection. Items marked as 'SECTION TWO' are conditions not VISIBLY related to ACTIVE infestation or infection. If you elect to not perform these recommendations. These conditions may lead to re - infestation and void the guarantee of treatments done. FINDING: FAULTY GRADE LEVELS RECOMMENDATION: (F/G II) Make repairs or modifications to place wood at least above the existing grade level. [SECTION TWO] FINDING: EXCESSIVE MOISTURE IN SHOWER OR BATH AREA: RECOMMENDATION: (E\M-B II) Correct moisture source. [SECTION TWO] FINDING: WATER STAINING ON EXTERIOR: RECOMMENDATION; (WJS-E II) Correct commonly controllable moisture source(s). Treat stained exposed wooden area with wood preservative as permitted. [SECTION TWO] Page 6gill Received 02-22-2005 06:45am From-+8584890260 To-SAN DIEGO REALTY GRO Pafte 006 E01-d O10/900 d tDE-1 OSZZ 899 819 d10a0 A11Y38 09310 NVS-WOJd Wd90:EO SOOZ-80-60 U7-22-05 06:44 FROM -TRULY NOLEN D99 SO 49594990280 Report number R0380527051454 T-EBB P.07/10 F-140 FINDING: WATER STAINING ON INTERIOR: RECOMMENDATION: (W/S-I II) Correct commonly controllable moisture source(s). Treat stained exposed wooden area with wood preservative as permitted. [SECTION TWO] FINDING: INACCESSABLE AREA AS MARKED ON DIAGRAM: These areas were not inspected RECOMMENDATION: (I/A-NI II) NONE at this time. These areas) may not be practicar to inspect. [SECTION TWOI •3.-- Co a'+ RC-,E5 FINDING: Excessive Cellulose Debris RECOMMENDATION: (CD-I)Remove Excess Cellulose Debris of a rake -able size. [SECTION ONE) FINDING: EARTH to WOOD CONTACT RECOMMENDATION: (EC -I) Insulate wood from earth by installing termite resistant barrier. (Break the earth wood contact.) [SECTION ONE] FINDING: FAULTY GRADE LEVELS RECOMMENDATION: (FG-I) Make repairs or modifications to place wood at least above the existing grade level. [SECTION ONE] FINDING: WATER STAINING IN SUBAREA: RECOMMENDATION: (5/S-I)Correct commonly controllable moisture source(s). Treat stained area with wood preservative as permitted. [SECTION ONE] FINDING; Damage to wood members caused by wood destroying organisms. This damage is associated with infestation/infection. RECOMMENDATION: (WDO-D-I) Remove/Replace or reinforce damaged wood members.[SECTION ONE) FINDING; FURTHER INSPECTION RECOMMENDED! As marked on Diagram. File a Supplemental Report on findings. For the following areas/items: Garage Interior. RECOMMENDATION: Perform further inspection. NOTE: Inspection Tag Placed in Different Areas of Each Building. Subterranean Termites found on Exterior Fence only. Thank you, Scott Skjerve Wage 7 of 11 Recalved 0T-22-2006 08;46am From-+9684990290 To-SAN DIE00 REALTY ORO Pape 007 801-d O10/200'd L' -1 09ZZ 899 619 d11087 A111/36 00310 NVS-W01d Wd90:80 500Z-80-60 07-22-05 06,44 FROM -TRULY NOLEN Dab SD +8984890280 - Report number R0380527051454 T-6B8 P 08/10 F-148 Essimated Casts Treatment for Subterranean Termites estimate: Treatment for Drywood Termites estimate: Tru-Guard Treatment for Drywood Termites estimate: Fungus repairs estimate: 'Other' findings estimate: Treat Areas Exposed to Adverse Condition(s) NOTE: The cost of this service is included within treatment for Subterranean recommended and performed. Estimate for FURTHER INSPECTION: Repairs estimate: Please see completed contract form for details. Page 8 of 11 Bid on Request Q 10,500.00 $6,750.00 No Bid No Bid Bid on Request Termites if also Received 0T-1Z-2o05 06:45am From-+85848suZ80 To-5AN DIEM REALTY GRO No Bid No Bid Page 008 801-d 0I0/800 d 24E-1 09ZZ 899 819 dl089 Al'1Y3d 00310 NYS-woJd wd90:E0 900Z-90-60 O7-22-05 08:44 FROM -TRULY NOLEN 088 sD +8584580280 T-888 P.09/10 F-148 OCCUPANTS CHEMICAL NOTICE Truly Nolen of America Inc, will use pesticide chemical(s) specified below for the control of wood destroying pests or organisms in locations identified in the standard wood destroying pests and organisms inspection report. (A) The pest(s) to be controlled: ❑ SUBTERRANEAN TERMITES aWATER STAINS. FUNGUS. OR DRY ROT ❑ BEETLES RY-WOOD TERMITES El OTHER The pesticides(s) proposed to be used and the active ingredients (s) VIKANE: Active ingredients: Su fuiyl Florida — 99% CHLOROPICRIN: Active ingredients: Chloropicrin — 99% TIMBOR: Active ingredients: Disodium Ocotoborate Tetrahydrate — 98% PREMISE: Active ingredients: Imidacloprid — 75.0% DRAQNET: Active ingredients: Permothrin — 36. B% POWER PLANT: Active ingredients: d-Limonene — 90% OTHER (C) "State Law requires that you be given the following information: CAUTION — PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Operators are licensed and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the California Department of Food and Agriculture and the Unitcd Statos Environrnentai Protection Agency. Registration is granted when the State finds that based on existing scientific evidence there are not appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. "If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center and your pest control operator immediately. (This statement shall be modified to include auy other symptoms of over exposure which are typical of influenza.)" For further information, contact any of the following COUNTY HEALTH DEPARTMENT AGRICULTURAL DEPARTMENT POISON CONTROL 1 Orange 714-834-1722 714-447-7100 800-876-4766 _Los Angeles 800-427-8700 626-575-5471 800-876-4766 San Dive 619-338-2222 858-694-2739 800-876-4766 _ Riverside 909-955-2000 _ 909-955-3000 800-876-4766 San Bernardino 909-387-6280 909-387-2105 800-876-4766 J Imperial 760-339.4438 760-355-1784 800-876-4766 Structural Pest Control Board 1430 Howe Ave #18, Sacramento, CA 95825-3204 (800) 737 8188 Persons with respiratory or allergic conditions, or others who may be concerned about their health relative to this chemical treatment, should contact their physician concerning occupancy during and after chemical treatment prior to signing this NOTICE. NO CHEMICAL TREATMENT WILL BE PERFORMED UNTIL SUCH TIME THAT THIS NOTICE IS RETURNED. HAVING READ THE INSTRUCTIONS, I, THE UNDERSIGNED, WILL ACCEPT RESPONSIBILITY FOR ALL THE AFOREMENTIQNED. OWNER/OCCUPANT DATE Received 07-22-20A5 08;45em Fram-+85B4990280 Te-SAN DIEGO REALTY GRO Pegs 008 801-d 010/800'd 148-1 09ZZ 899 819 df108D A11V3N 00310 NVS-word wd90:80 SOOZ-80-60 407-22-05 06144 FROM -TRULY NOLEN 028 SD 4514000220 T-EBB P.10/10 F-148 c Work Completed Work Sheet For 603-609 East 19th Street National City, 91950 inspected on 05/26/05 Date of Completion [_ J / ] This form not valid after 9/26/2005 ❑ check here if certification is to be put into remarks Please indicate for every item if Completed - Not Completed - Completed Secondary. Also please check the cast for each item. Subterranean Termites Request Drywood Termites SECONDARY MASK Pellets Fungus Dryrot OTHER Infestations F/G II E\M-B II W/S-E II W/5-I 1I I/A-NI II CO-1 FINDING: EC -I FG-I S/S-I WDO-D-I COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED Please verify COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COM PLETED COMPLETED COMPLETED NOT COMPLETED SECONDARY NOT COMPLETED NOT COMPLETED NOT COMPLETED SECONDARY SECONDARY SECONDARY NOT COMPLETED SECONDARY if bid COST: No Bid NOT COMPLETED NOT COMPLETED NOT COMPLETED NOT COMPLETED NOT COMPLETED NOT COMPLETED NOT COMPLETED NOT COMPLETED NOT COMPLETED NOT COMPLETED SECONDARY SECONDARY SECONDARY SECONDARY SECONDARY SECONDARY SECONDARY SECONDARY SECONDARY SECONDARY COST: Bid on COST: $10,500.00 COST: $6,750,00 COST: N/C COST: No Bid FURTHER INSPECTION COMPLETED NOT COMPLETED SECONDARY COST: No Bid Received 07-22-2005 08:45am From-+86a4880280 To-SAN DIE00 REALTY GR0 Page 010 E01-1 Ot0/010 d IPE-1 OSZ2 899 619 dfOa9 A11Y31d 09310 NYS-wad wd90:EO 900Z-80-60 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. 19 ITEM TITLE Continued Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the Proposed Conversion of 36 Apartment Units (Le National) to Condominiums at 1306 E. 18t Street (S 2003-06 / CUP 2003-25). PREPARED BY / 1/01 Mary Jo Wilson, Principal Plannet., 336-4319 EXPLANATION DEPARTMENT Planning City Council opened the public hearing for this item at their December 6, 2005 meeting. Council decided, and the applicant agreed, to continue the public hearing to allow for additional review. The previously submitted background report describing the project proposal is once again attached. Environmental Review ✓ N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission recommendation to approve the project BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Tentative Subdivision and Conditional Use Permit (Vote: Ayes - Pruitt, Carrillo, Alvarado, Baca, Martinelli, Reynolds. Absent - Flores, Graham) ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 35-2005 3. Location Map 4. Department & Agency Comments 5. Exemnton Notice A-200 (9/99) Resolution No. 35-2005 6. Site Photographs 7. Project Applications 8. Proposed Approval Findings & Conditions of Approval 9. Property Conditions Report 10 Applicant's Plans (Exhibit A dated November 3 2005) S 2003-06 / CUP 2003-25 36-Unit Condominium Conversion Site Characteristics: The project site is located at 1306 E. 18th Street in the Multi -Family Residential (RM-1-PD) Zone. The 0.829-acre site is rectangular and relatively flat with street frontage and access on 18th Street. The site contains an existing 36-unit apartment complex (Le National) which will remain and convert to condominiums. There are some small areas of vegetation in the internal building courtyard. The 36-unit apartment building was constructed in the late 1960's. The complex is comprised of three separate buildings, all of which are 2-story in design. All three buildings equal approximately 27,200 square -feet. There is a covered main entrance from 18th Street that opens to a "U-shaped" outdoor courtyard area which is landscaped. The units are accessed from this main courtyard. There is 1 studio unit, 13 1-bedroom / 1 bathroom units and 22 2-bedroom / 1 bathroom units. There are no private balconies or patios. The approximate 5,000 square -foot courtyard area is landscaped and has areas with tables and chairs for the residents. Other site improvements include a community laundry room, trash enclosure and fencing along much of the perimeter of the site. There are a total of 39 parking spaces provided on -site. 15 of the parking spaces are located in the eastern building with 7 two -car garages and 1 one -car garage. The remaining 24 parking spaces are in an uncovered, surface parking lot in the southeastern portion of the property. All of the parking spaces are accessed via a driveway from 18th Street at the northeast corner of the property. Two-thirds of the surface parking spaces are approximately 19-feet by 8.5-feet, the additional one-third are approximately 14-feet by 8.5-feet. The aisle width is approximately 22- feet. As indicated in the attached Property Condition Assessment Report (PCA), the property is in good condition without any major defects, as it has been adequately maintained since it was built. Proposed Use: The applicant is proposing to convert all 36 apartments into condominiums. As condominiums, the units will be the same size and have the same floor plan as they currently exist as apartment units. The conversion will involve the renovation of the exterior and interior of the buildings as well as improvements to the site landscaping and parking facilities. The exterior of the building will be painted and enhanced with further architectural articulation, the roof will be replaced, windows will be replaced, stair and balcony railings will be re -painted and the parking lot will be repaired, re -sealed and re -striped. There will also be a new fence around the perimeter of the property and all of the water heaters will be replaced with energy efficient water heaters. Additionally, the interior of each unit will be renovated to include new paint, appliances, flooring/carpet, bathroom/kitchen cabinets, counter tops, lighting, fixtures and internal doors. Finally, the applicant has indicated that all of the needed repairs noted in the attached PCA report will also be addressed. Analysis: The applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit to convert the existing apartment complex to condominiums. The project is consistent with a number of General Plan policies including an increase in the number of home ownership opportunities and the use of high quality materials. The applicant proposes to make several changes, such as new appliances and cabinetry in the units that are not required by Code; these changes should result in a somewhat higher quality development. Since it is impractical for most proposals to convert apartments into condominiums to meet current Land Use Code requirements for new condominiums, the General Plan and Land Use Code do not require it. However, it is useful to compare the requirements for new condominiums and new one and two -bedroom apartments to what will be provided to allow for a full analysis. The table below summarizes this. Comparisons of Current Code Requirements vs. Existing Development Required for New Condominiums Parking Spaces 2 spaces per unit plus guest parking Unit Size 1,000 square -feet Useable Open Up to 6,000 square - Space feet Density 22.9 units/acre Required for New 1 & 2 Bedroom A. artments Existing 1.3 and 1.5 spaces per unit 1.5 spaces per unit with no plus guest parking guest spaces 650 / 800 square -feet 750 square -feet (average) Up to 6,000 square -feet 5,000 square -feet 22.9 units/acre 43.5 units/acre As you can see, the average size of the existing units is less than the required unit sizes for new condominiums. While the amount of parking provided is also less than would be required of new development, it is more than is provided by many older apartment complexes. Additionally, the useable open space is also less than what is required for new development; however, the open space is landscaped and does include tables and chairs for use by the residents. In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant has prepared a Property Condition Assessment Report. It includes an assessment of all structural and mechanical systems. As stated before, the PCA report found that the property is in good condition without significant structural defects. It does, however, contain recommended repairs which are fully detailed in the attached report, including repairing the parking lot, replacing inoperable windows and the installation of new appliances and fixtures. A Pest Control Report was also prepared for the project. The Report indicates that there are several units within the building that have drywood termites. Based on the recommendations of the Report, the drywood termites will need to be eradicated. A condition of approval has been included requiring that all of the repairs and improvements identified in the Property Condition Assessment and Pest Control Report, including the recommended short and long-term repairs and the removal of termites, be completed prior to the sale of any unit. In addition, a condition has been included requiring the repair or replacement of the individual garage doors. A condition has also been included requiring City Attorney review and approval of a Lien Contract and Agreement not to Convey, which will ensure that the proposed and required improvements are completed prior to the sale of all of the units. Standard conditions of approval recommended by the Engineering and Building Departments and Sweetwater Authority have also been attached. Planning Commission Hearing: The Planning Commission held a public hearing on this item at their October 17, 2005 meeting. At the hearing, the Commission reviewed the project and recommended approval. There was one speakers; a resident of the apartment complex. She spoke in opposition to the project since renters would be required to move if they did not want to buy a condominium. The applicant stated that existing renters are given the opportunity to buy a condominium unit. The applicant also stated that the required improvements and associated sale of the units would not occur until approximately 8-10 months after the project approval. At the hearing, the applicant requested that Condition #12, which requires the undergrounding of utilities, be waived. The Planning Commission acknowledged the request and indicated that the City Council is the body that has the authority to determine if a waiver is appropriate. RESOLUTION NO. 35-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDMSION MAP AND CONDITIONAL USE PERMIT FOR THE PROPOSED CONVERSION OF 36 APARTMENT UNITS (LE NATIONAL) TO CONDOMINIUMS AT 1306 E. 18TH STREET APPLICANT: WESTONE MANAGEMENT CONSULTING CASE FILE NO. S-2003-06/CUP-2003-25 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 E. 18th Street on property generally described as: All that portion of the westerly half of the northeasterly Quarter of the southwesterly Quarter of 40 acre Lot 1 in Quarter Section 133 of the Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 on file in the Office of the Recorder of said San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on November 7, 2005 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2003-06 and CUP-2003-25 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said Tentative Subdivision Map and Conditional Use Permit support the following recommended findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will use high quality materials and create 36 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services are currently being provided and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on -site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional traffic will be generated and the project consists solely of a change of ownership with repairs and renovation of the existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 36 new homeownership opportunities should be attractive to first time homebuyers, will allow for mobility in the housing market and an increased rate of homeownership. FINDINGS FOR CONDOMINIUM CONVERSION PROJECS 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 36 additional opportunities for homeownership, which will likely be available to persons of a moderate -income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, indicate that all necessary upgrading will be completed prior to the sale of any of the units, since all of the common area improvements as well as the individual units will be renovated before such unit(s) is sold as will be specified in a Lien Contract and Agreement not to Convey. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said TentativeSsubdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 E. 18`h Street, subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorize the conversion of the property at 1306 E. 8th Street, including 36 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S 2003-06 / CUP 2003-25, November 3, 2005. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment Report and the Pest Control Report shall be implemented prior to release of any unit for sale including, but not limited to the: interior painting including the ceiling, new kitchen, new appliance, new interior doors, new window coverings, new carpet and floor tile, new bathroom, new lighting, new door hardware and baseboard and crown molding as well as new hot water heaters. The areas of the buildings that were determined by Pest Control Report to have drywood termites shall be eradicated. The units shall also be equipped with smoke detectors. The building shall be repaired as necessary, including the painting of exterior buildings, replacement of the exterior patio, new perimeter fencing and repair to the trash enclosure. The entire asphalt paved driveway and parking lot shall be repaired, seal -coated and re -striped. 4. The individual garage doors shall be repaired or replaced. 5. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey to ensure the improvement for the project site are complete and shall be subject to review and approval by the City Attorney. 6. The Covenants, Conditions and Restrictions (CC&R's) shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 7. The developer shall provide a declaration of Covenants, Conditions and Restrictions (CC&R's), running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Prior to the units being sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. 9. Street improvements shall be in accordance with City Standards. All missing street improvements (110-feet of gutter) shall be constructed. In addition, the deteriorated portions of the existing street improvements (5-feet of curb) along the property frontage shall be removed and replaced. 10. The final map shall meet all of the requirements of the Subdivision Map Act, and the City Of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 11. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. 12. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 13. All new property line survey monuments shall be set on private property, unless otherwise approved. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A Title Report shall be submitted to the Engineering Department for the review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. A deposit for Final Map review is required and is subject to adjustment according to the actual hours worked and consultant services. 17. The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 19. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 20. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 21. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 22. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:30 p.m. or one year after recordation of the Final Map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 23. Exterior walls of buildings/freestanding fences/retaining walls to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 24. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 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 ZONE BOUNDARY LOCATION MAP DRN. DATE: (-' 10/25/05 Tentative Subdivision Map and Conditional Use Permit for the INITIAL Proposed Conversion of 36 Apartment Units (Le National) S-2003-6 / CUP-2003-25 to Condominiums at 1306 East 18th Street HEARING: NATIONAL CITY PLANNING 11/7/05 /0 • • City of National City Building and Safety Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4210 Fax: 619-336-4217 October 22, 2003 TO: Planning Department FROM: Kathleen Trees Building & Safety Department SUBJECT: S-2003-6, CUP-2003-25 La National Apartments Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Before units can be sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. /7 City of National City OCT 2" tit. 1243 National City Blvd., National, , CA 91959, M -u - (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 4 AlIONAL°'V' Department of Public , rl ,l l kl'(f 'CV) ENGINEERING REQUIREMENTS FOR A CONVERSION OF APARTMENTS TO CONDOS AT 1306 E. 18TH STREET Date: October 20, 2003 To: Stephen Ray, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Acting Director of Public Works/Engineering Subject: CONVERSION OF APARTMENTS TO CONDOS AT 1306 E. 18TH STREET 1. The deteriorated portions of the existing street improvements (5' of curb) along the property frontages shall be removed and replaced. 2. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 3. A performance bond equal to the approved cost estimate for all of the street improvements, and landscaping work shall be posted. A three thousand dollars payment shall be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustments. 4. Street improvements shall be in accordance with City Standards. All missing street improvements (110' of gutter) shall be constructed. 5. A title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property, after Planning Commission approval. TENTATIVE MAP REQUIREMENTS The final parcel map shall meet all of the requirements of the Subdivision Map Act, and City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. ® Recycled Paper • • Planning Department October 20, 2003 Page 2 2. The developer shall bond for the monumentation, the public improvements and landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 3. All new property line survey monuments shall be set on private property, unless otherwise approved. 4. The final map shall use the .California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha 1306 / 3 • • 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 October 14, 2003 Mr. Steve Ray, Principal Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD JAMES'JIM' DOUD, CHAIR W.D. 'BUD" POCKLINGTON, VICE CHAIR- R,MITCHELBEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS CARY F. WRIGHT WANDA AVERY TREASURER It ISkFARP,ON-FR)EO4AA,t,4;i SECRETARY NATIONAL CITY M AFN ',NJ -7 nit Subject: WATER AVAILABILITY 36 CONDOS AT 1306 E. 18TH STREET, NATIONAL CITY A.P.N. 561-210-34-00 CASE NO.: GP-2003-6, CUP-2003-25 SWA GEN. FILE: WATER AVAILABILITY, 2003 Dear Mr. Ray: ,,OCT1 ' �. This letter is in response to a Tentative Parcel Map for the subject property, within Sweetwater Authority's (Authority) service area. There is a 6-inch water main located on the north side of E. 18th Street. The Authority's records indicate that there is one existing 2-inch water service to this property. Enclosed is a copy of 1/4 SEC: 133 map, which shows the existing water facilities. The Authority will not permit separate water services for this size of a project. At this time, we cannot comment on the arleq iacv of the existing sy, t-' n to provide fire protection for this.project. As plans develop for structures, the owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Steve Ray Re: Water Availability — 1306 E. 18th Street, National City October 14, 2003 Page 2 of 2 If the owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 69 p.s.i. to a minimum of 59 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: photocopy of 1/4 SEC. 133 map Pc: National City Fire Department 333 E. 16th Street National City, CA 91950 Westone Management Consultants 294 Chambers Street, Suite 44 El Cajon, CA 92020 Mitchel and Zora McDonald 8080 La Mesa Boulevard, Suite 201 La Mesa, CA 91941 I:\engr\Gen\Water Availability\1306e18th.doc 7.5 Every reasonable effort has been made to assure the accuracy of this map. However, neither the SanGIS participants nor San Diego Data Processing Corporation assume any liability arising from its use THIS MAP IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROPRIETARY INFORMATION: The use of this information is pursuant to sublicense agreement only. Any resale or relicensing of this information is prohibited, except in accordance with such sublicensing agreements. Subject Property: 1306 E. 18th St. National City 1/4 SEC. 133 � CALE: 1 INCH = 200 FEET TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. S 2003-6 / CUP 2003-25 Project Location: 1306 E. 18`h Street Contact Person: Mary Jo Wilson, AICP Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map & Conditional Use Permit to a 36-unit apartment building (Le National) to condominiums at 1306 E. 18th Street. Applicant Name & Address: Westone Management Consultants 710 Camino de la Reina Suite 129 San Diego, CA 92108 Exempt Status: Telephone Number: 619-299-9195 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 32, Section 15332 (In -Fill Development Projects) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The site is relatively flat and currently developed with commercial structures within a fully urbanized area. Date: Mary Jo Wilson, AICP, Principal Planner ® Recycled Paper /7 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 IiOT USE'BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT 'list ONLY Case Number Filing Fee $ IPA _ Receipt No. Date Received R / By E.A.F. Required ' ' • Fee $ . Related Cases wP- 2(7)3 -- .25 ..-- 74703—(e SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL:CITY MUAICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 51/71- 21 O - y - OC7 PROPERTY LOCATION 11)0(p Eas+ 19 ' rUa 1virVA(C 1 G3 919 0-1 COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 ( C) CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: \ nQ,1�Y1 tinorytC�CN1Sl�.�To�Mame: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: z94 C_ioveyiberb Sua.ke44 Address: fv / 'El C. t crn , CAA q2‘32.6 Phone No. Uri `-6cI3 Fax No. 1Ql°l- ' 459`1 Date: Phone No. Fax No. Date: N/A N f Pr PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: )i kehei J . Name: 2.'Mc.C.cs q i cl Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 45iY6 L.& L3kJ.�juth"ZLSl Address: <" '(vI A e-A 4 t9,y Phone No. 1019.41e4-b3O0 Fax No. IQ VI- 046& Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 C Phone No. Fax No. G-- Date: APPLICANT Name: WQA5Y142. mcvnekl ten i- C, ncti(TC(Xlk (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 2 4 C \n c1/4r(\ippX5 4 t-1 El Capin CYO azo. n Phone No. Fax No. Date: (Q la - - y5q 3 (Q)q. - y9 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 USE ONLY Case Number GU(' ?.Op 3 Q5— Filing Fee $ 1 32S Recei t Date Received 9'1240 3 By E.A.F. Required Fee $ Related Cases .<, ` 2W 3 — 6 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) See ti.cxc_h e ck PROPERTY LOCATION 1 -i6 to C 0.2) 1 g fir') S C.2.fi No. Street between 1J A v,e, and COMBINED GENERAL PLAN/ZONING DESIGNATION W \—P c 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: V L I.t C3 . 7,0r&Tfl r a cl Name: Signature Signature I\J r A (Signature acknowledges that this application is being filed) Address: teev1 j u L 3I 2O I Address: (Signature acknowledges that this application is being filed) N(A Lei .Mtoa GYa 91941 Phone No. (QtOt . %i( . Fax No. (Q(q -9jO1-I`046(SD Date: Phone No. Fax No. Date: M'r PJ IT4 Nf� Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 c72-5 APPLICANT Name: 17C\ VIGUAo mpxl-- Co ntukFan{-3 (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 29 /4 Cha,► 1k2Q SA-. V A* Q 4L1 E ( Cac6CT(1 , G1at a_ow Phone No. (Otq- 6454- L1693 Fax No. 1001 - Sib - Lit °Iri. 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 Applk`eation Revised December, 1998 Page 4 of 4 8563 ORDER NO 40017371-40 EXHIBIT "A" PARCEL 1: ALL THAT PORTION OF THE WESTERLY HALF OF THE NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 133 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING • TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF 18Tl STREET, DISTANT THEREON SOUTH 71° 13' 00" WEST, 60.00 FEET FROM THE NORTHWESTERLY CORNER OF LOT 24 OF WINNETKA TERRACE NO. 2, ACCORDING TO THE MAP THEREOF NO. 1601, FILED IN THE OFFICE 'OF THE COUNTY RECO itik OF • SAN DIEGO' mail; • _§EPTEMBER 29, 1913; THENCE SOUTH 180 30' 00" EAST ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF LOTS 24, 23 AND 22 OF SAID WINNETKA TERRACE NO. 2, A DISTANCE OF 150.00 FEET TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID. LOT 22; THENCE SOUTH 714 13' 00" WEST ALONG •• SAID WESTERLY PROLONGATION OF SAID SOUTHERLY LINE 60.00 FEET; THENCE NORTH 18° 30' 00" WEST ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF THE AFORESAID LOTS TO A POINT ON THE SOUTHERLY LINE OF 181" STREET; THENCE NORTH 710 13' 00" EAST ALONG SAID SOUTHERLY LINE OF 18l STREET, 60.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE WESTERLY HALF OF THE NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER OF 40 ACRE LOT 1 OF QUARTER SECTION 133 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRILL, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: j5 02/11/2003 03:13 PM 2 of 4 Y prop: 561-210-34 -A- - SD:2000 00650950 8564 ORDER NO 40017371-40 BEGINNING AT A POINT IN THE SOUTHERLY LINE OF 18TH STREET, DISTANT THEREON SOUTH 710 13' 00" WEST, 120.00 FEET FROM THE NORTHWESTERLY CORNER OF LOT 24 INWINNETKA TERRACE NO. 2, ACCORDING TO MAP THEREOF NO. 1601, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 29, 1913, BEING THE NORTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO CHARLES WALLMAN AND WIFE, RECORDED JUNE 7, 1941 AS FILE/PAGE NO. 32816 IN BOOK 1178 PAGE 490 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID WALLMAN'S LAND SOUTH 18° 30' 00" EAST, 150.00 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 22 OF SAID WINNETKA TERRACE NO. 2; THENCE ALONG SAID WESTERLY PROLONGATION NORTH 71° 13' 00" EAST, 90.00 FEET TO THE WESTERLY LINE OF THE EASTERLY 25.00 FEET OF SAID WESTERLY HALF OF THE NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER; THENCE ALONG...SAID WESTERLY LINE OF THE EASTERLY 25.00 FEET SOUTH 180 30' 00" EAST, 140.00 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWESTERLY CORNER OF SAID NORTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID NORTHEASTERLY QUARTER OF THESOUTHWESTERLY QUARTER 290.00 FEET, MORE OR LESS TO SAID SOUTHERLY LINE OF 18TH STREET; THENCE ALONG SAID SOUTHERLY LINE NORTH 71° 13' 00" EAST TO THE POINT OF BEGINNING. -4- Y' prop: 561-210-34 -A- - SD:2000 00650950? 02/11/2003 03:13 PM 3 of 4 RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will use high quality materials and create 36 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services are currently being provided and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on -site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional traffic will be generated and the project consists solely of a change of ownership with repairs and renovation of the existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 36 new homeownership opportunities should be attractive to first time homebuyers, will allow for mobility in the housing market and an increased rate of homeownership. RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSION PROJECS 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 36 additional opportunities for homeownership, which will likely be available to persons of a moderate -income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, indicate that all necessary upgrading will be completed prior to the sale of any of the units, since all of the common area improvements as well as the individual units will be renovated before such unit(s) is sold as will be specified in a Lien Contract and Agreement not to Convey. 3/ RECOMMENDED CONDITIONS OF APPROVAL 1. This Tentative Subdivision Map and Conditional Use Permit authorize the conversion of the property at 1306 E. 8th Street, including 36 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S 2003-06 / CUP 2003-25, November 3, 2005. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment Report and the Pest Control Report shall be implemented prior to release of any unit for sale including, but not limited to the: interior painting including the ceiling, new kitchen, new appliance, new interior doors, new window coverings, new carpet and floor tile, new bathroom, new lighting, new door hardware and baseboard and crown molding as well as new hot water heaters. The areas of the buildings that were determined by Pest Control Report to have drywood termites shall be eradicated. The units shall also be equipped with smoke detectors. The building shall be repaired as necessary, including the painting of exterior buildings, replacement of the exterior patio, new perimeter fencing and repair to the trash enclosure. The entire asphalt paved driveway and parking lot shall be repaired, seal -coated and re -striped. 4. The individual garage doors shall be repaired or replaced. 5. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey to ensure the improvement for the project site are complete and shall be subject to review and approval by the City Attorney. 6. The Covenants, Conditions and Restrictions (CC&R's) shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations. of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 7. The developer shall provide a declaration of Covenants, Conditions and Restrictions (CC&R's), running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Prior to the units being sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. 9. Street improvements shall be in accordance with City Standards. All missing street improvements (110-feet of gutter) shall be constructed. In addition, the deteriorated portions of the existing street improvements (5-feet of curb) along the property frontage shall be removed and replaced. 10. The final map shall meet all of the requirements of the Subdivision Map Act, and the City Of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 11. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. 12. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 13. All new property line survey monuments shall be set on private property, unless otherwise approved. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A Title Report shall be submitted to the Engineering Department for the review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. A deposit for Final Map review is required and is subject to adjustment according to the actual hours worked and consultant services. 17. The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 19. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 20. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 21. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 22. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:30 p.m. or one year after recordation of the Final Map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 23. Exterior walls of buildings/freestanding fences/retaining walls to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. Le National Apartments (1306 East 18th Apartments) 1306 East 18th Street National City, California 91950 Project Description The project consists of 36 apartment rental units of which 13 units are one bedroom and one bathroom, 22 units which are two bedrooms and one bathroom, and 1 studio apartment. The project was developed between 1968 and 1969 and consists of 3 two-story garden type apartment buildings. The property has tucked under parking garages that can accommodate 15 vehicles as well as 24 asphalt surfaced parking spaces. Once converted to condominiums the project will be completely renovated as follows: Required Renovations Paint exterior of buildings Replace patio surrounding Enhance landscaping & fence Re -construct covered trash area Re -surface & re -strip parking area Recommended Short Term and Intermediate Term Repairs Complete paint & ceiling Complete new kitchen New Appliances New interior doors New window coverings New window replacements (as needed) New carpet & floor tile Complete new Bathroom New lighting package & ceiling fans New door hardware 6" baseboard & crown moldings Note: Further information on the property can be found in the Physical Elements Report, (All repairs and renovations will be satisfied according to the recommendations made in the Physical Elements Report). 7CEP/HUANG CONSULTING ENGINEERS, INC 217 Via Lara Tel: 805-375-6292 Fax: 805-375-8292 Newbury Park, CA 91320 e mail: jcep.huangtbadelphia.net Memorandum Date: August 10, 2005 To: Ms. Jari Jittanongsak Project Coordinator Westone Management Consultants 8799 Balboa Avenue, Suite 240 San Diego, California 92123 From: Johnny Huang JCEP/Huang Consulting Engineers, Inc. Re: PCA Report Le National Apartments 1306 East 18th Street National City, California 91950-4833 JCEP/Huang completed the above referenced report in February, 2003. After Planning Department of National City's review of the report, several comments were made. Our answers to the comments are listed below according to the sequence of the comments made by the Planning Department. 1. As required by Section 18.74.020, the physical elements report needs to include the following information: a. An estimate of remaining useful life of all building and site improvements analyzed in the report (i.e. foundation, roof, plumbing systems) Answer: The estimated remaining useful life (RUL) of building and site improvements is as follows: Item Year Constructed Estimated Useful Life Effective Age RUL Foundation 1968-1969 50 15 35 Framing 1968-1969 50 15 35 Roofing Unknown 20 17 3 Plumbing 1968-1969 50 15 35 Electrical 1968-1969 50 15 35 Pavement 1968-1969 30 25 5 Concrete walkway 1968-1969 50 20 30 d. Identification of characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction. Answer: The apartments appeared to be in conformance with the codes in effect at the time of construction. We checked with the Buildings Department by phone at the time of preparing the PCA. No outstanding building or fire code violations were noted. e. A note in the report that smoke detectors shall be provided in individual units, as well as for other on -site protection systems maintained by the homeowners association. Answer: It was noted in the report that each dwelling unit is equipped with smoke detector and the apartment buildings are fitted with wall hung fire extinguishers inspected and punched on the cards. 2. The project description includes a list of interior and exterior improvements proposed. Also, some of the immediate, short-term, and intermediate -term repairs recommended in the physical elements report are not listed in the project description. Answer: The proposed improvements are noted to be completed within 5 years (by February, 2008). But Management of the Apartment should obtain drawings and specifications for contractor(s) to perform the said improvement works. Should there be any questions regarding this project, please contact Huang at 805-375- 6292 or at jcep.huang@adelphia.net. Attachments: PCA Report dated February 2003 VG/ r0Ievv4 Ir. ri r.sn Oil C�tl UIU( WtS,UNt MN Sa L'.;NS1,SYANT.S 72003/004 Feb 19 04 11:44a lia Huang ,B9r 175-8282 12.4 19FEB 2004rpM4:19 ,1CgP/HUANG CONSULTINGCOfifilalltaimilignia,INC 217 Via Lara Das Vientos Ranch, CA 91320 TEL: 805-375-6292 FAX: 805-375-8292 February 18, 2004 Mitchell J and Zora I McDonald c/o Westone Management Consultants Condominium Conversion Consultants 710 Camino de la Reina Suite 129 San Diego, California 92108 Attention: Lindsay Erickson Ref Addendum for Sound Transmission, Classification (STC) and Insulation for Le National Apartments 1306 East 18tth Street National City, San Diego County, California 91950-4833 Dcar Lindsay; As you requested, STC and Insulation far the refierm ed project are described as follows: Descriptions Wood framed residential building constructed in; the 1960's usually feature staggered stud walls with 4 to 6 inches air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly has a Sound Transmission Classification (STC) of 59 as per Section 1.2.4.1.4.6 of the Owens Corning Fiberglass Test No. Oct W. 28-90 test manual. The Uniform Building Code (UBC) requirement for airborne sound insulation for wall and floor/ceiling assemblies in Group R occupancies (measured by the STC rating) is 50 (45 if held tested). The requirement for II:C ratings of:separating floor/ceiling assemblies is 50 also (45 if field tested). The actual assemblies of this apartment complex may have, provided greater sound and impact attenuation than required by Code. vi/ IUI .VVY 1 ( . 14 resA O la7 C.i.i Ulf Fr eb 19 04 11:44a wt4IUNt MNUT CUNSULTANTS `lia Huang 8 175-8282 lj 004/004 p.5 Observarions/C'omments: No architectural drawings were available for 7CEP/Huang's review. But it is the standard practice for wood framed residential structures in the 1960's to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity walls. Such cavities can easily accommodate enough fiberglass insulations to attain code required sound proofing and weather insulation ratings. It is 7CEP/Huang's opinion that the subject Apartments is likely to have STC at 50 or more and insulation valve at R-19 or more. Should there be any questions regarding the subject project, please contact Huang at 805- 375.6292 or e mail him at icep.huang@adelpfia.not. Sincerely, /1--� 1d JohAnid H& Principsf FEB-23-2004 MON 0812 nM COUNTY WIDE ENV. FAX NO. 2687784 (. P. 01 STANDARD'NOTICE OF WORK COMPLETED AND NOT COMPLETED NOTICE - Al recommendations may not have been completed. • See below • Recommendations rot Ocmpleted. This form is •rescri ec Dy the Stuctural Pest Control Board, with whom a copy must be filed by company within 5 working days after completion of v ork ur led 2 contract. THIS IS A NOTICE OF COMPLETION ONLY, NOT AN INSPECTION REPCRT. ••• CORRECTED COMPLETION • • • BUILDING N0. STREET, CITY, STATE, VP l NTT DATE OF CONPLE FOM' i 1308 E. 18th Street, National City, CA, 91950 j37E 03/27/2003 J ■ 9292 Ch.iap.ak. DriveAFFIXSTAMP TC ■ Sao Diego, C.x 92123 BOARD COPY OM f CO1:1N1'F— WIDE Ph: (858) 298-0831 Environmental Services, dba, Fax: (888) 268.7789 RCGISTRATION a Notice of Co lesion Sent to: eroperty Caner: PR 3561 REPORT a 979767 STAMP a ESCROW a 03/27/03 Padre Properties 8080 La Melia Boulevard #201 Le Mesa CA 91941 Allison 03/27/03 Mitch McDonald 1306 E. 18th Street National City CA 91950 This is tc certify that the foltoulrta recOmaendat1ens on the above designated property, as outtlned it Wood Destroying Pas and Organism Inspection Report No. 979767 dated 12/18/2002 Stamp No. Organises Inspection Report Mo. 981439 , dated 03/27/2003 Stamp No. Orianissc Inspection Report No. dated Steep No. —_ here been Ind/or have not been completed. J Recmanenda•:ions completed by this firm that are in accordance with the Structural Pest Control 3oard'a Rules and Regulation:: LA,8A,10G Recommendations completed by this firm that are, considered secondary and substandard measures :otcer Section 1992 of the Strt :tJral Pest Cortret Board's Rules end Regulations: 1B-1, 10A-1, 10E-1, 10C-1, 13D-1, 10E-;., .OF-1,10H-1 Person r, v:sting secondary measure: OWNER cost: s 5C98.00 Inspection roe. $ 0.00 Other: $ 0.00 Toter, s 5)98.00 le;cnmerxatio c not completed by this fire: NONE Estimated Cost: S I anerb: TI-IIS IS TO CERTIFY THAT THE STRUCTURE DESCRIBED.HEREIN IS NOW FREE OF ACTI7 INFECTIONS AND INFESTATIONS IN VISIBLE AND ACCESSIBLE AREAS ONLY. NOW THAT WE ARE FAMILIAR WITH YOUR HOME WE THOUGHT YOU MIGHT PE INTEREST3D :N A LOW COST ANNUAL CONTROL SERVICE AGREEMENT. WE WOULD LIKE TO CONTINUE '0 SERVICE YOUR HOME TO HELP YOU STAY PEST FREE. PLEASE CALL CUF. OFFICE F'nR MORE INFORMATION, Signature 'OTC: Outstic-ne or problem, concerning the above report should be directed to the menage, of the company. Unneolyed aluestione or problems tlGt tervlcee nerfonned may be directed to the Structural Put Control Board at 1916) 501.8706, or (BOO) 73718188. ' ou eve entitled to obtain oopiea of ell reports and completion notices on this property filed with the Beard during the prscwtdingC two year. upon eyment of a 12.00 much lee to: The Structural Peet Control Board, 1418 Howe Ave„ Ste, 18, Sacramento, California :SIS825-3204, 1.0 DEC-27-2002 FRI 07:49 Atl COUNTY WIDE ENV, 9292 Chesapeake Drive San Diego, C11 92123 Ph: (888) 288-0231 Fax: (898) 288.7783 Address of Property: Inspection Date: Ti-eriit Report #: State Stamp #; Title Co. & Escrow #: SECTION I 1B,10SEAL ENTIRE STRUCTURED}AND FUMIGATE. 1�OR INA L/EUB O1'1FUMIGATIION, LOCAL1TREAT INFESTATIONS OF i7RYWOOD TERMITES. 10G 'r;. _:AT SOIL FOR SUBTERANEAN TERMITES. NEITHER SECTION I NOR II 1A,8A FAX NO. 2687784 WORK AUTHORIZATION CONTRACT 1306 E. 18th Sheri Nutiotud City, CA. 91950 12/18/2002 979767 P, 02 -TCA'( CP $ 19,329.00 $ 4,208.00 $ 395.00 INACCESSIBLE AREA, FURTHER INSPECTION RECOMMENDED. OWNER TO CORRECT Vie AuiL,u;.c ll,a Following Scdion I Lan:. I., Iti Perfonned. • GA,1 We Aatbonr. the Following Seel ea 2 hetru la be Perfurnud. Proposed Cost Section Proposed Cost Section Proposed Cost Unknown Inspection Fee: W/FUMIGATION: W/LOCALOl TREAT: We Aulhurive the Folh•wing burnt lilt Unknown Fuill.'r Inspection, L.r8A 1: SEE A@ZM____ 2: F.I.: 19 4.00 $ 4603.00 .0 U; TO MERINFO R MATION The total ;mount of chic contra.[ is dw and payabt upon completion of the work ifeted about unless otherwise .pecifled, Only TITLE ESCROW ITxENFINANCIAL tRESpOtIgIBIl1 0 aTXEhPARTY OROERINO THE eNSPECTION REPORT N THE REVENT OOF A CANCELLED ITRLEO ESCROW. Work completed (LABCR) by operator shall be gwrann,ed fore period of one year tram completion. Toilet plutlbini(partt supplied by [hie tiara), shower;, nears or any meaeuree To' the control of moisture are guaranteed for (30) days only Ohemtcol treats ate Ouortntetd for one year. Only the areas treated are guaranteed, Customer ngreee to hold company harmless for any damage which May occur to plantlife, wiring, trees, vines, lets, the roofs, plumbingo leokst nges beyond control of Shp e of non•poynent by awns, reasonable a[torne r Y which pry occur during the porof this York. In sap nor. Y a foes and caeca of collection shall be paid by thee owner, tahothsr tuft be tilted or All repairs performed by others must be re•inepectn by OUR COMPANY before a CERTIFICATION will be leeued. we do not guorant . work completed by others. Any repair; completed by where must be gwreinkeed In writing end submitted to OUR COMPANY before t CERTIFICATION wl ll be l slued, corrections that maybe necetwry, If at the time of repairs the damage Is found to be more extensive, a Bupplmental report will be given ;long with a bid for any ct A re. inspect Ion must be done within (4) months of the original inspection. Any reinspectton shall be performed for nor more than who price of tee original inspection price. All two arery building will be visually Inspected at the eaves unless probing is requested. 1 linvc beau Ibis Contract And The Termite Repoli It Refers To. SIGNED WORK AUTHORIZATION CONTRAC1 MUST BE RECEIVEb BEFORE WORK WILL BE SCIIEI)ULED, I have red and understand the terms of this work .tuthorization contract and hereby agree to all terms thereof, APPROVED AND READ BY: DATE COUNTYWIDE ENVIRONMENTAL SERVICrib re ES, dbe ACCEPTED FOR: I ' DEC-27-2002 FRI 07:49AM COUNTY WIDE ENV, FAX NO, 2687784 WOOD DESTRCLG PESTS AND ORGANISMS INSPEI-TON REPORT This Is an Inspection report only -- not a Notice of Completion ADORE; S OF PROPERTY INSPECTED c y �F STATE, EMI " iA��Ei!�Iox 1306 E. 18th Street, National City, CA, 91950 37 12/18/02 ING COUNTY - W>DE Environmental Swims, doe REGISTRATION X PR ORDERED SY: REPORT SENT T0: PROPERTY OWNER: PARTY IN INTEREST, 988E Chesapeake Drive San Diego, CA 92123 Ph: (8$8) 288-0231 Fax: (858) 288.2783 P, 03 Aft IA eta, here :n eased copy ant,' A LICEN$E0 PEST CONTROL OPERATOR I .LN EXPERT IN HIS/ HER FIELD. ANY QUESTIONS RELATIVE TO THIS REPORT SHOULD BE REFERRED TO HIM/HEL 3561 REPORT N 979767 !STAMP R ESCROW Padre Properties 8080 La M )sa Boulevard #201 La Mesa CA 91941 Allison 619.464-8300 Fax E 19.484.0800 Padre Properties 8080 La M+se Boulevard #201 La Mesa CA 91941 Allison 619.464.8300 Fax E 19-484.0800 Mitch McDonald 1306 E. 18th Street National City CA 91960 619-464-8300 ORIGINAL REPORT 0 LIMI TEO AEPOAT ® SU►PLEHENTAL REPORT 0 • REIMSPECTION REPORT O• Oct 31 Date GENERA; OPSCRI PT ION: Two-story wood frame thirty-six unit I A c a a 5 L A R e A e N T l N P e C a O FS R M A I N p 0 T 1 O N a a s M A C A T a R M 1 T G o Y o O T e M T- e a <03 <JO DO oC ZO I o ias➢ 000* D.1Iip __ 0 M w 0 O T A ^I T e 7 e A a r w a c C N T A c T e 1 ■ngcnr nD>7O <irp q-➢onp 011 F C a° D y C 0 a T U R e £y C e i. 6 4 a apartment complex with flat roof and all stucco siding. INSPECTION TAG POSTED Laundry room OTHER INSPECTION TAGS. None noted 1 5U95TRUCTVREAREA Not Inspected See 1A,1A L i M •NI 2. STALL SHOWER One piece Prefabricated pan MIMI IMIEMM 3. FOUNUA noNs Above grade IIIIII - NM. 4. PARCHES • STEPS Concrete I. ill ... 5. VENTILATION Not Inspected . X Minna MIN 6, ABUTMENTS None NEM ill ill 7. ATTIC SPACES None ....-.■ ... a. GARAGES Not inspected See 8A X X © in 9. DECKS -- PATIOS None III�� 10, OTHER INTERIOR Occupied/furnish/hvy :serape See10A-10H 111111 III •�� 11. OTHER •• EXTERIOR Part access/heights/el( sdeav ill Ill ��• DIAGRAM AND EXPLANATION OF FINDIt GS (This report is limited to structure or structures shown on d agrees') ] Inspected by Tim Garcia 1OE .LA .OF SOH License No, FR-22107 Signature DI RORAM NOT TO SCALIE NOTE. QuaetiDne or problems eonoerninoo the sleeve report should be directed to the m.gger of the eomppen Unresolved sweetens or problems with services performed may be directed to the Structural Pee i:onuol Bawd et (9101 561..n8708, or 19001 737.9YB8. You ere entitled to obtain copies of ell reports and oomplet on notices on this property tiled with the Board during the praoaedtrq IwP ern upon puymunt of a S2.00 search fcs to: The Structural Pon Co tool Board, 1418 Howe Ave„ Ste. 19, Sacramento, California 95825-A204. FAX Na 2687784 P. 04 DEC-27-2002 FRI 07:49 Ni COUNTY WIDE ENV. Ind PAC" OF STA. AD INSPEC'ION REPORT ON PROPERTY AT: 1308 E. 18th Street, National City, CA, 91950 BUILDING N0. STREET, CITY, ST.;TE, z1p 12/18/02 979767 INSPECTION DATE RIPORT NO. Thank you for selectfnR County -Wide lnvlro.m .tel Jervlcea, Inc. to perform a ateucturet pest control Its property. ?tease read and became familiar wits the contents of this report. It uwmu90 as a result of rood sea ere W Ctlon on your demeaned to peso yin• Posts ard organisms and ca conditions in this report ere dThlgr step to aq l innot 9 the dwelling into Witting rode compliance. An Tee tionelin which food to dime, This iris obtained from the local building department, ! r adwlrkpIs bjectst ton suppleme tam. Will have its it not costs if afplieable. Patnttng and r'in luded additional smothers sera Is d Ingot toe a s primer not included unless otherwise staters our reporL�(smenul retort end adds tforu l A Wood destroying pest 6 organism Inspection report contains findings as to the resent. or destroying Insecte or oroonis(as in visible ant accessible arose on the correcting any infestations, infections, or eendltions found, P aoyangs of wi ceeal of wood h date of the I00don and contains our recommendations Sntiont fa report ore governed by the Structural t The contents of the wood destroying pest E s structure re by various registered e pest for trot eft and its rule. J mite Infestations, Nose: Reports on this structure e, etc.r However, recommendationsnits should list the game finding* Cho. termite Infeatationd, termite to correct tease fine tote may vary from company to otxspeny. You have the right fungus damage, etc. opinion r trio, .nether eprlptlny, eh to seek a mesons This property nsp was not tweeted for the presence or absence of health related molds or fungi. IF you Nish your property to 1 inseected .or mold or mold like conditions, Oleaae Contact the appropriate mold profeasfonal, Some structures may not comply with butldtntcafe rsqu(rementa or may have structural, plumbing, conditioning, or other defects that do not pertain to wood destroying organises. A wood destroying report does not contain information •bout felectrical, heaths, In and air the company issuing this report. any such defects as they are not within she scope Peet 6 arytnism inepeetlot ape oath* license of the Inspector mr Inaceseslble areas; The Structural Pest Control Act requires impaction of only thou areas which ere violate and accessible the Oft of tnspeetfon. Cartatn areas of the structure are considered inaccessible arena and are Impracticalfor ors cti w without physically removing the building :entente. furniture, appllancee, fixture! end floor cove•Inge to ex accessible wood work including floor?, Twi) ere amines work or other finished element. of the st�nture end was(notow wdene, We do pee on frames, mows tin , Srimar. masonry, Plaster into win, built- r exterior olio g m or other finished surfaces. The exterior eaves were ins from deface or prove into as ofs, s that exhibited visible signs at Infestation, Paged frem the ground taw., Areas In then w body of this report. We do not inspect roofs, fences, (Jacuzzis or detach }dock same wilt It equrated). The ,sternal In the mentioned areal are not included in the guorattee or warranty end tam or detachedrantee 44 to t their (dition r SURFACE Of THE ROOF WILL NOT OE INSPECTED. IF YOU WANT TM WATER TIGHTNESS OF THE ROOF rDETERMIIN D, IYOU SHOULD TCCONTACT above N( ROOFING CONTRACTOR WNO IS LICENSED BY THE CONTtACTOR+g STATE LICENSE BOARD. Guarantee: Al: work performed fa guaranteed fir a period of one (1) year from date of completion, and can lie reins four (4) months from oho date of completion, f requested, at no more than the original inspection fee in effect at the tiie of the original inspection- Our guarantee is bonitos to fuel Meted wl h guarantee wit. be specified in this resagre agreement. GuGuar ntee o rpaiga io is guaranteed to or with a hen oniY. County -Viso Environmental Services orcermett separate eapo ,l 1 ty for on fumigation is loaf, I dg n ,retc.gaif n rerumigatfon :s deemed necessary. As stated i.0 the or nine/ rfu0lggatbonfinerle*, we Such assume an told Itcva not properly Prepared for the refund st + edging, etc., if a the period o/ the Originalra on, Refusfgatton falls under the original any lids Illy for damage o ten pive no guarantee. Any ouaantee of Certification 1s on visible, accessible and rindroe dote not ly.ele warranty or guarantee, implied or expressed. on any work NOT completed byvirma ed ores only, le Homeowner Protection Pettey/control Service Ag .omens is aveltable after the first year warranty expires at a ainimam cost p,r yea and inclddes a t e details.. l 6rYtrd alerital Services. A emplace (nape -titan annual y. Please contact the office for further details.. SEC -:ON 8513 .-der the California Neehenice L en law any structural pest control Company which contracts to do work for yor, any contractor, subcontractor, laborer, auppt ire or other person who helps to improve your property,but 'a not e or .er work cr supplies, has a right to enfo.ce a claim against your property, certain claimants such al subcontractors material auStpl'ers arc r paid for A-s squired to provide you with a document entitled °Preliminary Retie... Prime contrletore ets for wages tic rat have to provide this notice A preliminary Notice is not a lien seminar your property. its purpose is to not:'.y you of persons who may have a right to Ito a lien against your property ff they are not "State law ^o iris that you be given the ft(lowing information; CAUTION- I+ Paid. Control OMNtsra are licensed and regulated I PESTICIDES ARE TOXIC CHEMICALS. Structural Peet and approved rl ueeeby the California atedlmente Structural Pest Control Board, and apply pesticides andAgeay. Registration eb granted when the state fond? that hosed or,•$lculture :anden the tooted Sots preen are registered if ncy. use atiottant arm followed or that the Atka artEMr At mltntl Proteetic.n degree er use Outweighed byD tN benefits. evidence.Th.d gree ere At sdepends up ri tit peewee, so exposure should be minimised." r(f within 24 hours following The degree of risk depends upon a e similar to common seasonal Illness Caryareblc to the flu, e f or poison icon, pest control operator Immedfate(y.w For further infcrmetlon contact contact Your oleo inge Cr nt -WI CenVIrQj . SI Sir l symptoms 469.947e, for Teeth quesclons my of the nail (619)m County -Wide de r a splfeattel S- the your County Agriculture co rissloner the San Diego County Health inforeatientlent he St uctura22, for Control _ (619) Avenue, Sacrame-to, CA 9582519) 694.239, and for regulatory (619)543.60n -she Structural Pest Control Board sth141fi Howe (916) 263-2533 PCiton Control 543.6000, At Craft Cou•tywfde may find it necessary tit use a subcontractor for the purposes of fumigation. In this Instance you oe :. ae pearl cot with :he appropriate emergerey numbers for the subcontracted /rmigstinrr company of Fr.a tier;PenY (see the 0eeupdnu Notice • war:el: THE C,-A.RGE FOR SERVICE THAT THIS COMPANY SUBCONTRACTS TO ANOTHER PERSON DR ENTITT MAY INCLUDE THE C.)MPANY+ FOR ,RIANCING A, ADA INISTERING SUCH SERVICES THAT ARE IN ADDITION TO THE DIRECT COSTS ASSOCIATED WITH PATIN: THE SUa:CVTRACTOR. YOU MAY ACCEPT CCURTY•wioE+S BI) OR YOU MAY CONTRACT DIRECTLY WITH ANOTHER REGISTERED CONPAN1 LICENSED CHARGES PENT -.NO THE VORIS. IF YOU CHOOSE TO CONTRACT DIRECTLY WITH ANOTHER REGISTERED COMPANY, COUNTY-u1DE WILL NOT Ir ANT WAY SE RESACHSIDLE Fcq ANY ACT DR OMISSION IN THE PERFORMANCE OF WORK THAT YOU DIRECTLY CONTRACT WITH ANOTHER TO PERFORM. RRPCRr9 ON THIS STRUCTURE PREPARED BY VARIOUS REGISTERED COMPANIES feeble LIST THE SAME FINDINGS (i.o. TERMITE INFESTATIONS, tERM:TE DAMAGE, MAGUS DAMAGE, ETC.), HOWEVER, RECOMMENDATIONS TO CORRECT THESE FINDINGS MAY VARY FROM CUOMO TO COMPANY, tHER5r0RE, 1CL NAVE A RIGHT TO SEEK A SECOND )PINION FROM ANOTHER COMPANY. Courty-wide hes a long history of competitive Flake. We will meet or beat Any legitimate price from any other reputable terrn:e company registered with the state of Californie. Pricing Is subject to verification end approval of ;he brsnth manager, COUNTY -WIDE EN`/IRONMENTAL SERVICES, dba -- License No. PR 3361 DEC-27-2002 FRI 07:50 AM COUNTY WIDE ENV, FAX NO. 2687784 P. 05 3rd PAGE OF ST(;._. ARD WSPEC170N REPORT ON PROPERTY AT: 1306 E. 18th Street, National City, CA, 91960 12/18/02 979767 BUILDING NO. STREET, CITY, STITE, ZIP INSPECTION DATE REPORT NO. NOTATION: This is a sepErated report which is defined as Section 1/Section II conditions evident �. the date of inspection. Section I contains items where there is evidence of active infestation, infection or cLndi.ticns that have resulted in or fral infestation or infection. Section II items are conditions deemed likely to lead to infestation or infection but ',Here no visible evidence of suet. was fcnud. NOIATICN cNLyh Adjacent fences on property were not inspected at this time. The interior was furnished and occupied or vacant with floor coverings at the time of our inspection. Since no authorization has been granted to hove. furniture, rugs or carpeting, an inspection of these areas is not considered practical and is therefore not included in this report. This inspection is limited to visible and accessible areas only. p10TATICN ONLY: The eaves of the structure are inaccessible for inspection due co the boxed in eaves construction. No visible signs of problems were noted at this time. No reoommandations are made. NOTATION ONLY: Water stains were noted at bedroom ceiling #11, #27 and at kitchen ceiling #30. No eoisture was noted at the time of this inspection. If the owner/agent feels there may be a leakage problem in the _present or future, we recommend they contact the appropriate licensed contractor. t1717.T77cN ONLY: Mildew stains were noted at window above tub #8, above tub #5 and at tub tiles #32. No moisture was noted at the time of this inspection. If the awrneriagent feels there may be a leakage problem in the present or future, we :eoomrend they contact the appropriate licensed contractor. NOTATION ONLY: DRYWALL ?ATCH NOTED AT TUB OF UNIT #6. SUBSTRUCTURE AREAS: Item 1A: FINDING: Inaccessible areas noted at sub -area as indicated by 1A on the diagram. RFx NtlelUATIcI': Area to be made accessible for further inepec ion by owner/agent unless otherwise directed, ****** Unknown Furrier Inspection Re . ed ****** Item 1B: FINDING: Evidence of Kaloterme:s (drywood termites) indicated by 18 on the diagram located at vent frame. R IME TICey: Seal the entire structure and fumigate with a lethal gas used for the eradication of Kalotermes (drywood termites). Fumigants to be used are chloropicrin amen sulfuryl floride (V:ikane) . Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** Reconirendaticn 19-1: In lieu of fumigation and at the request and approval of all parties concerned, the following secondary subetanda d reconte ndation is rade in accordance with Section :952, which may control the active and visible infestations in the accetsible areas. Chemically treat local drywocd termite infested timbers using a state registered and approved chemical in the accessible areas as merkrd by 113 on the diagram. Guarantee limited to treated areas only. Ghent cal to be used is TIM-PlaR whose active irx:redient is disoditan octaborate tetrahydrate-98% (Na2-B8-013-4Ia20), and inert ingredient contains 2% !DO -Absorbed moisture and/or Intern active ingredient Chlorpyrifos (0,0-Diethy] 0-(3,5,6-Trichloro-2-Pyr'idyl) Phosphorothicate EPA Regulation No. 499-413 , Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** COUNTY -WIDE EN /IRONMENTAL SERVICES, dba »- License No. PR 3561 DEC-27-2002 FRI 07:50 AM COUNTY WIDE ENV. 4th PAGE OF ST FAX NO. 2687784 P. 06 .RD INSP9C1ION REPORT ON PROPERTY AT: 12/18/02 979767 RumLemmo No. STREET, CITY, SL,TE, LIP INSPECTION DATE REPORT O. 1306 E. 18th Street, National City, CA, 91950 GARAGES: Item 8A: FINDTNO: Inaccessible areas noted at garages es indicated by 8A on the diagram. Rh]L'17M+7FNDATIQJ: Area tc be made accessible for further inepectiara by owner/agent untl�es�s� otherwise directed. ****** Un area FLuther Inspection Recctmer ed ****** OTHER -INTERIORS: Item 10A: FINDING: Evidence of Kaloterrres (chewcod termites) indicated by 10A on the diagram located at kitchen window at units 4,11,22. : Seal the entire structure and fumigate with. a lethal gas used for the eradicatioe of Kelotermes (drywoo6 termites). Flmiganta to be used are chloropicrin and sulfuryl floride (Vikane). Remove and/or Trask accessible evidence. ****** This is a Section 1 Item AP.uuIDJIp •� Recomendation 10A-1: In lieu of fumigation and at the request and approval of all parties concerned, the following secondary substandard recvmnendatic¢n is rade in accordance with Section 1992, which may control the active and visible infestations in the accessible areas. Chemically treat local drywood termite infested timbers using a state registered and approved chemical in the accessible areas as Tracks by 10A on the diagram, guarantee limited to treated areas only. Chemical to be used is TIM-91OR whose active ingredient is disodeam octaborate tetrahydrate-98% (Na2-88-013-4H2O), and inert ingredient contains 2% R:0-absorbed moisture and/or Intern active ingredient Chl.orpyrifos (0,0-Diethyl 0-(3,5,6-Trichloro-2-Pyridyl) Phosptprothieete EPA Regulation No. 499-413 . Rerrove and/or mask accessible evidence. This is a Se tion 1 Item Item 1OB, FINDING: Evidence of KaL)terrres (drywood termites) indicated by 10B on the diagram located at back wall of bedroom #5. RECCatiMATICN: Seal the entire structure and f•Enigate with a lethal gas ueed for the eradication of Kaloternes (drywccd termites). F.ndgants to be used are chloropicrin and sulfuryl floride (V.ikane). Remove and/9r mask accessible evidence. ****** This is a Se::tiai 1 Item ****** Recommendation 10B-2: In lieu of ftmegatiop aril at the request and approval of all parties concerned, the following secondary substandard recommendation endation is Wade in accordance with Section :.992, which may control the active and visible infestations in the accessible areas. Chemically treat local drywood termite infested timbers using a state registered and approved chemical in the accessible areas as marked by 1OB on the diagram. Guarantee lieeced to treated areas only. Chee:,cal to he used is TIM-DOR whose active i1Ylredient is di_:odiun octaborate tetrahydrate-98% (14a2-88-013-4H20), and inert ingredient contains 2% H:0-absorleel moisture and/or Intern active incrredient Chlorpyrifos (0,0-Diethy: 0-(3,5,6-Ttichloro-2-:'yridyl) Pboephorothicate EPA R gulaeion No. 499-413 . Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** It _0e: FINDING, Evidence of Kalctermes (dtywood termi.e:s) indicated by 10C on the diagram located at kitclen ceiling unit #18. ee Imo: Seal the entire structure and f.migate with a lethal gas used for the eradication of Kalotermes (drywnod termites). F1mt:gants to be used are chloropicrin anc sulfuryl fl ride (V'tane). Remove and/cr mask accessible evidence. ****** This is a Section 1 Item ****** COUNTY -WIDE EN/IRONMENTAL SERVICES, dbr --- Llieere Nu. PR 3561 DEC-27-2002 Fitt 07:51 AM COUNTY WIDE ENV. FAX NO, 2687784 P, 07 Sth PACE OF STA ( - ',2ll INSPBC710N REPORT ON PROPERTY .AT: 1306 E. 18th Street, National City, CA, 91850 SUIIOINO Q. STREET, CITY, ST TE, ZIP 12/18/02 979767 INSPECTION )ATE REPORT NO. OTHER . Reconwndation 10C-3: concerned, the In lieu offumigation �9 at the request and appravai of all part secondary substandards iin ade in accordance with Section 1992, which may control tive i� visible infestations in the accessible areas. Chemically treat local infested timbers using a state registered and chemical iermite accessible areas as marked by Ix on the diagramaGud ntee li to the created areas only. Chemical to be used is TIMwhose activetlimited is disoditan octaborate tetrahydrate-98% (Na2-B8-013-4H20), and inert Txgredient contains 23 F'20-absorbed moisture and/or Intern active ingredient Chlorpyrifos (0, 0-Diethyl 0- (3, 5, 6-Trichloro-2.. .idyl) Phosphorothieate EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. ****** This 1s a Section 1 Item ****** Item 100: : Evidence of Kalotexn s (dxywAxtd termites) indicated by 10D on the diagram located at corner bedeuen, unit #26. wouwvrveTTCt3: Seal the entire structure and fumigate with a letaal gas used for the eradication of Kal.oteames (dryweed termites). Ptsnigants to be used are chlorrpicrin and sulfuryl floride (Vikane). Recave and/or mask accessible evidence. ****** This is a Section 1 Item Reccemen ation 10D-4: In lieu of fumigation and at the request and approval of all parties concerned, the following secondary substandard recommendation is wade in accordance with Section L992 which may control the active and visible infestations in the accessible areas. cynically treat local dryt,Aod termite infested timbers using a state registered and approved chemical in the accessible areas as marked by 100 on the diagram. Guarantee limited to treated areas only. Chemical to be used is TIM-BDR whose active ingredient i3 disaiium cccaberate tetrahydrate-98% (Na2-B8-013-4H2O), and inert ingredient contains 2% Ho -absorbed moisture and/or Intern active ingredient Chlorpyrifos (0,0••Diethy. 0-(3,5,6-Trichloro-2-Pyridyl) Phosohorothil)ate EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** Item 102: FINDING: Evidence of Kaloternes (drytood termites) indicated by 10E on the diagram located at kitchen ceiling, uall, living rwnt (tardy) u n:.t #27. RErrlyMPN'ATTcct: °eel the entire structure and fumigate with a lethal gas used for the eradication pf Kalotenres (dry cod termites). P\m igants to be used are chloropicrin and sulfuryl floride (V:Lkane). Remove anti/or mask accessible evidence. ****** This is a Section 1 Item ****** Rec ee e: d tion 10E-5: In lieu of fumigation and at the request and approval of all parties concerned, the following secondary substandard reoolmlerdatio n is made in accordance with Section :.992, which may control the active and visible infestations in the accessible areas. Chemically treat local dryweod termite infested Limbers using a state registered and approved chemical in the accessible areas as marked by 10E on the diagram. Guarantee limited to created areas only. C)em:cal to be used is TIM-90R whose active ingredient is drscdiun octaborate tetrahydrate-98% (NA::-B8-013-4112O), and inert ingredient contains 2% eC O-absorbed moisture anti/or Intern active ireredient Ch)or'pyrifos (0,0-Diethy2 0-(3,5,6-Trichioro-2-Pyridyl) Phoephorothicate EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. ****** This is a Section 1 Item ****** COUNTY•1VIDE EN/fRONMENTAL SERVICES, dbe — Licence No. PR 3561 zl-fo DEC-27-2002 FRI 07:51 AM COUNTY WIDE ENV. FAX NO. 2687784 6th PAGE OF Sfa ARD INSPECT ION REPORT ON PROPERTY AT: P. 08 1306 E. 18th StrHt, National City, CA, 91950 12/18/02 979767 BUILDING NO. STREET, CITY, ST/TE, ZIP INSPECTION DATE REPORT NO. OTHER - INTERIORS: Item IUP: FINDING: Evidence of Kalotermes (dtywood termites) indicated by 10F on the diagram located at entry door jamb unit #29. RECOAYDENGATICII: Seal the entire structure and fumigate with a laded gas used for the eradication of Kalotermes (drywocd termites). Fumigants to be used are chloropicrin and sulfuryl floride (V1kane) . Remove and/or mask accessible evidence. ****** This is a Se_tion 1 Item ****** Recommendation 10E-6: In lieu of fumigation and at the request and approval of all parties concerned, the following secondary subetan1ard reoamendation is trade in accordance with Section 1992, which may control the active and visible infestations in the accessible areas. Chemically treat local drywcod termite infested timbers ueirg a state registered and approved chemical in the accessible areas as market by 10F on the diagram. Guarantee limited to treated areas only. Chemical to be used is TIM-BOR whose active ingredient is di'-lium octaborate tetrahydrate-98% (Na2-B8-013-4H2O), and inert ingredient contains 2% H20-absorbed moisture and/or Intern active ingredient Chlorpyrifos (0,0-Diethyl 0-(3,5,6-Trichloro-2-Pyridy4) Phosphosothicate EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. ****** This is a Se;tiem 1 Item ****** Item 10G: RI:MI L : Evidence of subterranean termite infestations originating from beneath the slab as indicated by 1CG on the diagram located at entry door of unit #24. RMX3vOis3ODATICN: Drill vertically through slab where indicated and pressure treat soil beneath slab :or the control of subterranean termites. Fill drill holes with cement mortar. Remove accessible termite shelter tubes. Caemical to be used is Preluds (permethrin (3-phencxyphenyl)rrethly -3 (2, 2-dirrethylcycloproptnecarboxylate) and/or Premise (Imidacloprid,l-NE-Chlo:ro-3pyridinyl)merhyl]-N-nitro-2- imidazolidiaimine. This firm will not be responsible for possible damage to hidden pipes, conduits or ducts in the course of cur work. ****** This is a Section 1 Item Item 1011: FIND;: Evidence of Ka1 ter es (dryvood termites) Indicated by 10H .rea the diagram located at livi g x z.n cabinets and kitchen wirrow of unit #14. RBSIDATICN: Seal the entire structure and f.mtigate with a lethal gas used for the eradication of Kaloterrres (drytetSod termites). FLanigants to be used are chloropicrin art sulfuryl floride (vikane). Remove and/or mask accessible evidence. ****** This is a Section 1 Item Recau„rndation 10H-7: In lieu of fumigation and at the request ani approval of all jaarties concerned, the following secondary sutetaT1dard recommendation is mlde in accordance with Section :.992, which may control the active and visible infestations in the acceEsible areas. Chemically treat local dryw cd termite infested timbers using a state registered and approved chemical :.n the accessible areas as :narked by 10H en the dia(lram. Guarantee limited to treated areas only. Chent.cal to be used is TIM-12DR whose active irwedient is discdium octaborate tecrahydrate-994r (Na2-B8-013-4H20), and :nett ingredient contains 2% H:0-absorbed moisture and/or Intern active iry edient Chlorpyrifos (0,0-Diethy: 0-(3,5,6-Trichloro-2-Pyridyl) Phosphorothicette EPA Regulation No. 499-413 . Remove and/or mask accessible evidence. ******'This is a Section 1 Item ****** COUNTY -WIDE ENVIRONMENTAL SERVICES, dint --- License No. PR 3561 TW 1 OUAAILA 41 a-W ' *1SW1 9 � W W— B � h -�-rR 6 '� �e'Ae wtw uw OLCTIOA 40 IAOAC YAP, NO. Ial LOT f•• k —s—s—a 1.4 1 PI 1 Ls H L e tl Y M 1 11111111111i1ll 1s 1" 1 ej rRa}Ne,TI i 26 MAY 2005 PM 2:16 'LE NATIONAL' APARTMENTS CONDOMINIUM CONVERSION 1306 E. 18 St. National City, CA 91950 Westnec Management Consultants ..anaw.,.oC n.u,an Wn.pen... ea.,a.. %moor YUSA. NG IiCMTEC{ Front Elevation Typical Floor Plan NATIONAL CITY PLANNING DEPT. EXHIBIT B CASE FILE NO: S-2003-6/CUP-2005-25 DATE, Q/2/2005 IMMO .1.02.4401441•1•44 154211311.14121ra Nab Smarumeser • 1306 E. l8th Street 4 7 .1 S 181.11? c maw occ00 0 fo,tar IOW C, NATIONAL CITY PLANNING DEPT. EXHIBIT C CASE FILE NO. S-2003-6/CUP-2003-25 DATE: 9/2/2005 s3111,,le 0.•'."-;;;4WAS °F.0. aaaa4CT0111 Wan, 01444010141.111111.1331 Marl SWAN OM WWII dirafalial • 1001111•011, - MIR 11.1/1l40111•1• 1111•0•000NP• IMI•1•11.1112•12 •1111 aa441 ^ _ , COM40001410 SNOW Alota 411324/,aa j 0041101.1.104 -1aarr 44241110 1144314133.1 70 SI MAIM Na4/1 ablialla 446141411 rionanakramoir war tamwarama t. • O CI Hum ▪ Diraaa, Imo. 1.4212110,41.2 MUM= acrarrimadilleS. WM . GOMM 101440144•14,440 Platraale maws as. pow. suss OP11441. MAR apdallf,1141.112f4MG04154111R OWL 1, (ea) 25.4,31 r: (an) r”446 .4.4.6,..••••••••• „ 41 PLANT LEGEIVD FLOR I mardaacAL NAM OVUM Cal COMM. 514144ONIMPOZOGII1431. lASn SON SOW , MallanalailaYIOA alWalballana•fralt52 MAN 1.4441.1411441121050•201 4.511•41411,11 SUMO MUM ; ..riamosaamain 41,114r OAR MIMI" Pafat r NOWAORWMOUNIVOM Wart =oar Warr Orr 5 44 mar as1•1304043 0.1412114 Ioder Mat MOM 411.44163 fa, a. li- e watars fa da•asi MOM 11441112411144.11111644 4344410.1101•11421 MN* 4111•1241411.14t allEMPOPir Slit41,041213,2111.1a1al O 1114.13.45,01.114.111:4411 faen 143.24 MUMMA Illni•••• "e- 011101.111/11•1344110 M4414I dal *MN oenr MOW W ald • Walt.IN•0, 1111. 011•021 O SEM AWN. 4411.03)104•4441 011•110 41•41011••• AMINO 0 41J1.1.4.114141M101.511041 w ad MIR 2 N IA 3 1 e icantaampaaz.searamag 4. N OR 11344151311345/410414C4LaIMIX• ralregoliehl t WM. taw • 1.4181110,40447.1.4 walla MIR oftemanzumsom 43,Iffulannat Masi ® alascadapna4Maneadar• 41,4311.14001014131411 MOS MOT 3 • M442.14412444 00•441.4 taw 4 "'",„ Boataarrawascaaa 0014 W•alaaala OMAN 4 44 raonsammayeamaa.masomem airmaramaassilmosoomi •asuararammaaamosanat 02411411111•110 FNMA MOW 4 MIR lg. MOM. Lan la SWAM 0 16 32 48 SCALE IN FEET NOM N. -6' LIM 1. lath Banat- =WEAL CM LINOOCAPS 1S-1101118 MN a* ID no fl MY aa NM P ilala 4,82,103 a.. 07:: 31S-1441 • - Ma* • _,Laistsmaa Maar Ada t‘sir kp ara 41444 I A.P.614•11-4110-it City of National City Office of the City Engineer ineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 January 2, 2006 Jos'eph Scarlatti Westone Management Consultants 8799 Bolboa Ave. Suite 240 San Diego, ca. 92123 Subject: Request for wavier of underground utilities Dear Mr. Scarlatti: This letter is a follow-up to the conversation /messages concerning the wavier of undergrounding request that you have made to the city. As previously stated, underground request maybe approved if the fmdings show that it is impractical or unreasonable because of the topography, soil, exceptional drainage condition, or it is not economically feasible to install the required installation (NCMC 13.08.050). In most cases, the first three do not apply but in some areas it might not be economically feasible to underground the utilities. If you like this to be considered, the city would need an Economic Analysis, which would include the following information: 1. Cost of the property. 2. Cost of the improvements to the property. 3. The cost of undergrounding utilities. 4. The final selling price of the condos. The Economic Analysis would be submitted to the Planning Commission for their consideration and recommendation to the City Council. The Council would than approve or deny the request for wavier based on the findings. If you have any questions, please call Adam Landa at 619-336-4394 Sincerely, VG' Stephen Kir • . trick City Engineer City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. 20 (ITEM TITLE Public Hearing — Amendment to Title 18 (Zoning) of the Municipal Code reducing minimudl public parking aisle width and parking stall depth requirements (Applicant: Westfield Corporation, Inc.) (Case File No. A-2004-2) PREPARED BY Angela Rer, 36-4310 DEPARTMENT Planning EXPLANATION The attached Code Amendment would reduce both the minimum parking stall depth of 90 degree parking stalls for standard size cars from 19 feet to 18 feet, and the minimum drive aisle width in public parking facilities (e.g. shopping centers, office buildings) from 27 to 24 feet. This amendment was proposed by Westfield Corporation as part of their expansion of Plaza Bonita Mall, but it would be effective Citywide. As it was proposed in conjunction with Westfield's plans for expansion of Plaza Bonita Mall, the Notice of Decision for the modification of a Planned Development Permit for Plaza Bonita that is on this same agenda is tied to this amendment. The Planned Development Permit will only become effective if the Code Amendment is approved. The Planning Commission considered the requested amendment at a public hearing on December 19, 2005. The attached background report describes the proposed amendments in detail. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the requested amendment. Vote: Ayes: Carrillo, Pruitt, Alvarado, Baca, Flores, Martinelli, Reynolds. Absent: Graham. ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 2. Recommended Finding for Approval 3. Proposed Code Amendment 4 C:atagnrinal Fxamptinn A-200 (9/99) BACKGROUND REPORT The proposed Amendment is to reduce both standard 90-degree parking stall depth requirements and minimum drive aisle widths in public parking facilities. The impetus for the Land Use Code amendment came from the applicant's (Westfield Corporation, Inc.) desire to expand the existing shopping center and reconfigure several existing parking lots. The Amendment was submitted along with a permit request for Plaza Bonita Mall, and was considered at a public hearing on December 19, 2005, where the Planning Commission recommended approval of the amendment. Specifically, the Code Amendment will reduce the following: • minimum parking stall depth of 90 degree parking stalls for standard size cars from 19 feet to 18 feet; • and minimum drive aisle width in public parking facilities from 27 feet to 24 feet. The resulting standards are consistent with current professionally recognized standards for safe and functional parking lot design and vehicular maneuvering. The City's Land Use Code language regarding parking lot dimensions was written in the 1970's and is representative of the needs of vehicles of that time. As parking dimension standards are not zone -specific, the proposed change would be applicable to parking facilities Citywide. The primary result of the amendment would be to open up additional space for more parking spaces, or other possible site improvements. RECOMMENDED FINDING FOR APPROVAL OF CODE AMENDMENT That the proposed amendment is in the public interest and is consistent with General Plan policies, as the General Plan calls for review of National City zoning and development ordinances to achieve implementation of General Plan programs and policies, and the amendment will carry out General Plan policies that encourage planned and orderly development, since it will open additional land on project sites for more advantageous uses, such as additional parking spaces, landscaping, or buildings. Proposed Code Amendment 1. Amend Chapter 18.58 by amending Section 18.58.310 Table XV to read as follows: TABLE XV PARKING TABLE STANDARD SIZE CAR Parking Angle Stall Width Stall Depth Aisle Width A Stall Distance At Bay Side Bay Width Required Increase in Aisle Width for Public Facilities Parallel 9'00* 9'0" 20° 30° 9'0"* 9'6"* 10'0"* 9'6"* 10'0"* 45° 9'6"* 10'0"* 15'0" 15'5" 15'9" D E F 12'0"** 23'0" 21'0" G 2' 12'0"** 12'0"** 12'0"** 17'3" 12.0"** 17'8" 12'0"** 18'2" 12'0"** 19'8" 20'1" 20'5" 60° 70° 8 ° 9'0"* 9'6"* 10'0"* 9'0"* 9'6"* 10'0"* 9'0"* 9'6"* 10'0"* 21'0" 21'2" 21'5" 21'0" 21'2" 21'2" 13'0" 13'0" 13'0" 18'0" 18'0" 18'0" 19'0" 18'5" 18'0" 20'3" 24'0" 20'4" 24'0" 20'5" 24'0" 90° 9'0"* 9'6"* 10'0"* 18'0" 191 18'0" a& 18'0" 49! * See Sections 18.58.330 and 18.58.340 ** See G & N for public parking facilities. COMPACT SIZE CAR Parallel 30° 45° 24'0" 24'0" 24'0" 26'3" 27'8" 29'2" 18'0" 19'0" 20'0" 27'0" 27'5" 27'9" 29'3" 29'8" 30'2" 12'7" 13'4" 14'1" 10'4" 11'0" 11'5" 32'8" 33'1" 33'5" 1' 1' 39'0" 39'2" 39'5" 9'6" 10'1" 10'6" 9'1" 9'6" 10'2" 40'0" 39'7" 39'2" 44'3" 44'4" 44'5" 9'0„ 9'6" 10'0" J K 8'0..* 8'0„ 712'0"** 8'0"* r 15'6" 12'0"** 8.0"* 17'0' 60° 8'0"* 17'9" 90° 16'0" 12'0"** 17'0""" 20'0"** L 43'0" 43'0" 43'0" 16'0"/19'0" 15'10" 20'0" 27'6" 11'4" 9'2" 8'0" 1' 29'0" 2' - 34'9" 36'0" r- 2, 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: A-2004-2 Protect Location: Citywide Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Reduction in requirements for standard parking stall depth from 19 feet to 18 feet, and drive aisle width from 27 feet to 24 feet throughout the City. Applicant Name and Address: Westfield Corporation, Inc. 11601 Wilshire Blvd 10th Floor Los Angeles, CA 90025 Exempt Status: Telephone Number: (310) 445-6868 ❑ Statutory Exemption. ❑ Categorical Exemption. ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The minimal reduction of parking stall depth and drive aisle width will have no effect, direct or indirect, on the environment. The new standards are consistent with current professionally recognized standards for safe and functional parking lot design. The amendment has become necessary, as vehicles have continued to evolve (e.g. size, turning radius, etc.) over the past several decades. The primary result of the amendment will be to open up additional space for parking spaces, landscaping or other permissible site improvements. The amendment will not expand the development potential of any properties, but will allow for a more efficient use of land based on contemporary technologies and construction techniques. Date: ANGELA REEDER ASSISTANT PLANNER ® Recycled Paper // MEETING DATE: City of National City COUNCIL AGENDA STATEMENT January 17, 2006 AGENDA ITEM NO. 21 ITEM TITLE: PUBLIC HEARING TO SOLICIT NATIONAL CITY RESIDENT'S VIEWS AND OPINIONS REGARDING THE HOUSING AND COMMUNITY DEVELOPMENT NEEDS OF LOWER INCOME RESIDENTS PREPARED BY: Benjamin Martinez,' DEPARTMENT Community Development commission Executive Director The purpose of today's public hearing is to receive input from the residents of National City regarding the housing and community devel- opment needs of lower income residents. This public hearing is required by United States Department of Housing and Urban Develop- ment (HUD) before the writing of the Fiscal Year 2006-2007 Consolidated Annual Plan. A copy of the Citizen Participation Plan can be seen as attachment #2 in this report. Farh year the City completes a process to solicit and approve programs and projects eligible for federal funding. HUD has informed the City that approximately $1,100,000 in Community Development Block Grant (CDBG) and $600,000 in Home Investment Partnership Act (HOME) funds will be available for the Consolidated Plan program year 2006-07. With the City budget deficit situation, the City Man- ager's office has recommended that City Council provide limited funding to outside (non-profit) agencies. In May 3, 2005 the City Council held a public hearing and approved a 5-Year Consolidated Plan (2005-10), Annual Action Plan, and the Citizen Participation Plan. All of these documents are now deemed by HUD as National City's internal regulations. The CDC will utilize the Citizen Participation Plan to solicit meaningful community involvement and input toward the development of the Consolidated Plan or Annual Action Plan and any substantial amendments to the Consolidated Plan/Annual Action Plan. - The 5-Year Consolidated Plan (2005-10) is a planning document that identifies grantees overall housing and community develop- ment needs, and outline a strategy to address those needs. The plan included an assessment of the needs, established priorities, and outlined the intended use of resources. If changes are to be made to the Consolidated Plan, including the removal of certain activi- ties from the priority list, a public hearing and a 30 day review period must be held to make these changes as listed in the Citizen Participation Plan. Attached to this report is the Fiscal Year 2006-2007 CDBG and HOME program timeline. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION City council conduct Public Hearing to solicit public input regarding the housing and community development needs. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Proof of Publication (Public Hearing) 2. Citizen Participation Plan 3. Fiscal Year 2206-2007 CDBG and HOME Program Timeline Resolution No. Preservir �g History . Shaping the Future Community Development Commission of National City Citizen Participation Plan HUD Consolidated Plan Year 2005 - 2010 140 East 12th Street, Suite B National City, CA 91950 Phone Number (619) 336-4250 Facsimile (619) 336-4286 www.ci.national-city.ca.us TABLE OF CONTENTS Introduction 3 Citizen Participation Plan 3 Development of Consolidated Plan 3 Public Noticing of Consolidated Plan/Annual Action Plan 3 Public Hearing for Consolidated Plan 4 Consolidated Annual Performance and Evaluation Report (CAPER) 4 Plan Amendments 5 Access to Information 6 Availability to the Public 6 Access to Records 7 Technical Assistance 7 Complaints 7 Introduction Every winter, the City of National City begins the application process for the federally funded CDBG and HOME programs. The City receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The actual amount of the allocations for both programs changes every year and depends heavily upon the amount of funds HUD is allocated from the Federal Budget. However, in the recent past, the sum of both allocations has been approximately $2 million each year. Citizen Participation Plan The City of National City's Citizen Participation Plan is developed in accordance with 42 U.S.C. 91.105 of the Housing and Community Development Act of 1974, as amended. This plan sets forth the policies and procedures that the City of National City will follow to encourage citizen participation in the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Act (HOME) Program. The Citizen Participation Plan will be followed through the 2005 - 2010 Consolidated Plan Process. The City of National City Community Development Commission (CDC) will utilize the following strategy to solicit meaningful community participation and input toward the development of the Consolidated Plan or Annual Action Plan, any substantial amendments to the Consolidated Plan/Annual Action Plan, and the Consolidated Annual Performance and Evaluation Report (CAPER). The guidelines established are designed to encourage participation by low — and moderate — income persons; particularly those who live in low — income neighborhoods, and in areas where CDBG and HOME funding is proposed to be utilized. The CDC is also the Housing Authority for National City and encourages persons who receive public housing assistance to participate in the consolidated planning process. Development of Consolidated Plan Public Noticing of Consolidated Plan/Annual Action Plan The public review period of the proposed Consolidated Plan/Annual Action Plan will be available for review for 30-days before the City of National City adopts the Plan/Annual Action Plan. The City will provide 10-days prior notice of the availability of the proposed document to citizens, public agencies and other interested parties. The following information will be included in the public notice: • Amount of funding assistance from Housing and Urban Development (HUD), the. City expects to receive during next funding cycle, including program income. • The range of activities that may be undertaken, including the estimated amount that will benefit person of low- and moderate- income persons. Residents affected by the Plan's implementation will have access to the City's Plans to minimize displacement and to assist those displaced, if any, as a result of the Plan's Activities. In all cases of displacement, the City will follow all regulations in IIUD's Handbook 1878. The following identifies steps to minimize displacement: 1. Coordinate code enforcement with rehabilitation and housing assistance programs. 2. Stage rehabilitation of apartment units to allow tenants to remain in the building complex during and after rehabilitation, working with empty units first. S. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 4. Consider the use of Section 8 Vouchers and Certificates for displaced families. Public Hearing for Consolidated Plan The City Council will hold two public hearings every Consolidated Plan program year. The first public hearing will be held before the Consolidated Plan/Annual Plan is published for review, to hear the views of citizens regarding the needs of the community. The second public hearing will be held toward the completion of the so -day public review period of the Consolidated Plan/Annual Plan. Public Noticing of the Public Hearings will be posted ten days prior to the hearing in The Star News and Daily Transcript, and posted at the following locations; City Hall and the Martin Luther King Community Center. City Council meetings are held on the first and third Tuesday of each month at 6:00 pm. City Hall is located at 1243 National City Boulevard, National City, CA 91950. The City Hall is ADA accessible. In addition to the public hearings, several public meetings will be held during the Consolidated Plan process with the National City resident advisory committee, the Housing and Community Development Committee (HCDC). The HCDC will review all proposed projects for potential CDBG and HOME funding and make recommendations to the City Council on their perspective of local priorities and how grant funds should be spent. The CDC will consider any and all comments or views of citizens received in writing, or orally at the public hearings and public meetings when preparing the final Consolidated Plan. A summary of any comments or views not accepted and the reasons therefore, shall be attached to the final consolidated plan. Consolidated Annual Performance and Evaluation Report (CAPER) At the end of each fiscal year, the City of National City is required to review the City's progress toward meeting the goals and objectives that are set forth in the Consolidated Plan/Annual Action Plan. The CAPER Report is submitted to HUD's Regional Office for review in late September. As part of the City's review process, the CAPER is made available to citizens, public agencies and interested parties for a period of 15-days. A to -day advance notice is provided to the public that the Report will be available for review. Citizens are encouraged to provide comment on the CAPER Report through written or oral comment during the 15-day review period. A summary of these comments or views shall be attached to the performance report and actions taken by the City to address the comments will be included in the CAPER. Plan Amendments Substantial Amendments The City of National City determines that substantial amendments to the Consolidated Plan include a change of goals and or objectives in the Consolidated Plan, or Annual Action Plan. Ten days advanced notice of public hearings will be printed in The Star News and Daily Transcript, and public notices will be posted at City Hall and the Martin Luther King Community Center. The public will be provided a 30 - day comment period to provide written or oral views on the substantial amendments. In addition, a public hearing will be held to hear citizen comments on the amendments. A summary of the comments or views, and a summary of any comments not accepted and the reasons therefore will be attached to the substantial amendment of the consolidated plan. Re -allocation of funds Amendments to the Consolidated Plan include the re -allocation of CDBG or HOME funds from one eligible activity to another. A lo-day advance notice of public hearings considering the re -allocation of CDBG or HOME funds will be printed in The Star News, and will be posted at City Hall and the National City Public Library. The City of National City will consider any written or oral comments from citizens at all public hearings, if any, and take into consideration public input regarding the re -allocation of funds. Amendments to Citizen Participation Plan The City of National City encourages citizen comment on the Citizen Participation Plan and on any substantial amendments. The City of National City will provide citizens with a l0-day notice for the public to review the document. The amended Citizen Participation Plan will be made available for the public for 15 days. During that time, public comment both written and oral will be considered for the final draft of the Plan. Public comment will be attached to the document upon completion of the final document. Access to Information Availability to the Public The proposed Consolidated Plan, substantial amendments to the Consolidated Plan, and the CAPER Report will be made available to the public. Public access includes the availability of materials in a form accessible to persons with disabilities, upon request. In addition, bilingual staff is available to assist individuals who are non-English speaking. The Consolidated Plan/Annual Action Plan, the CAPER Report and substantial amendments to the Consolidated Plan will be made available for review at the following locations: • Community Development Commission - 140 East 12th Street, Suite B • City Hall - 1243 National City Boulevard, City Clerks Office • City of National City Website — www.ci.national-city.ca.us Citizens, public agencies and interested parties may contact the CDBG Program Coordinator for further information or to provide comment at: Leticia Quintero, Economic Development Specialist Community Development Commission 140 East 12th Street, Suite B National City, CA 91950 (619) 336 - 4568 E-mail address: luintero@ci.national-city.ca.us Access to Records The CDC will ensure reasonable access to information and records related to the development of the Consolidated Plan process and to the expenditure of resources for programs funded by CDBG and HOME for the preceding five years. Copies of documents will be available for review at the Community Development Office located at 140 East 12th Street, Suite B, National City, CA 91950. Technical Assistance The CDBG Program Coordinator will provide technical assistance to citizens, public agencies or interested parties to develop funding requests for CDBG and HOME funds. Technical assistance for such individuals or groups includes helping them understand the program requirements, determination of eligible/ineligible activities, providing suggestions on structuring of new programs, and assistance with completing the grant request application. As part of the Community Development Block Grant process the Community Development Commission will implement a workshop for every fiscal year. Recipients will have an explanation as to how they should submit reimbursements, the pertinent timelines, and the monitoring procedure. Complaints The CDC Staff will accept written and or Consolidated Plan process during the time that The CDC Staff will make an effort to respond business days where practicable. Complaints regarding the Consolidated Plan process, amendments to the Plan or the CAPER Report must include: oral comments/complaints relating to the relates to each comment period noted above. to every written citizen complaint within 15 1. A description of the objection with supporting facts and data; and 2. Name, address, telephone number, and date of complaint. CDBG AND HOME PROGRAM TIMELINE Fiscal Year 2006-07 January 10, 2006: January 11, 2006: January 17, 2006:: January 27, 2006: February 8, 2006: February 15, 2006: Technical Assistance for City Applicants 2:00 Housing and Community Development Commission (HCDC) Meeting 5:00 p.m. Technical Assistance for Non -City Applicants 2:00-4:0o p.m. City Council -Community Needs Public Hearing 6:00 p.m. Application Deadline HCDC Meeting- 5:00 p.m. HCDC Meeting -Applicant presentations — MLK Community Center at 5:00 p.m. March 7, 2006: City Council- Public Hearing 6:00 p.m. Applicant Presentations March 8, 2006:• HCDC recommendations on projects to fund 5:00 p.m. March 21, 2006: City Council Public Ifearing (6:oopm) 1. Review budget 2. Decide on applicants to find March 81 to May 1, 2006:: 30-Day Public Review for Annual Action Plan May 2, 2006: City Council Public Hearing (6:00 p.m.) Approval of Consolidated Plan and Annual Action Plan May 10, 2006: Submit completed application to HUD along with 2006-2007 Annual Consolidated Plan EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. 22 ITEM TITLE Resolution Amending the "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center," and adopting City Council Policy #800 on the Use of the Martin Luther King, Jr. Community Center, Kimball Senior Center, and Casa de Salud, and Rescinding Resolution No. 93-119 PREPARED BY DFP RTMENT Lauren Lauletta �V,(/ Community Services Phone: (619) 336-4289 (((JJJ"��� Please see attached report. ( Environmental Review X N/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Resolution amending the "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center," and adopting City Council Policy #800 on the Use of the Martin Luther King, Jr. Community Center, Kimball Senior Center, and Casa de Salud, and Rescinding Resolution No. 93-119 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1) Resolution 6) Facility Use Application - Proposed 2) City Council Policy #800 - Proposed 7) Facility Use Application - Original 3) Facility Use Guidelines and Regulations — Proposed 4) Facility Use Guidelines and Regulations— Showing Changes A-21) ° 19 ; 99) 5) Rules and Regulations — Original RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE "RULES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER"; ADOPTING CITY COUNCIL POLICY NO. 800 ON THE USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, KIMBALL SENIOR CENTER, AND CASA DE SALUD; AND RESCINDING RESOLUTION NO. 93-119 WHEREAS, by Resolution No. 93-119, adopted on August 20, 1993, the City Council established rules and regulations for the use of the National City Community Center; and WHEREAS, by Resolution No. 2002-135, adopted September 3, 2002, the National City Community Center was renamed the Martin Luther King, Jr. Community Center; and WHEREAS, the City Council desires to amend the "Rules and Regulations for the Use of the National City Community Center" to reflect the name change of the facility; include the Kimball Senior Center and Casa de Salud in the Rules and Regulations; and update the rules and regulations for the facilities, which includes a revised Facility Use Application, an informal packet providing instructions of the City's rental process, and details of the facilities and their amenities; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center, Kimball Senior Center and Casa de Salud" is amended and adopted as City Council Policy No. 800, entitled "Use of the Martin Luther King, Jr. Community Center, Kimball Senior Center and Casa de Salud", as recommended by the Community Services Director. PASSED and ADOPTED this 17th day of January, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment - Resolution Amending the "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center," and adopting City Council Policy #800 on the Use of the Martin Luther King, Jr. Community Center, Kimball Senior Center, and Casa de Salud, and Rescinding Resolution No. 93-119 The purpose of this report is to recommend the City Council adopt a resolution that would amend the "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center," and adopt City Council Policy #800 on the "Facility Use Guidelines and Regulations for Use of the Martin Luther King, Jr. Community Center, Kimball Senior Center, and Casa de Salud", and rescinds Resolution No. 93-119. In August of 1993, the City Council approved the "Rules and Regulations for the Use of the National City Community Center" (Attachment 5). Although the guidelines were adopted by the Council, they were never formally incorporated into the City Council Policy Manual. A subcommittee consisting of Vice Mayor Ron Morrison, Councilmember Luis Natividad, Public Works Director Roberto Saucedo, Community Services Director Leslie Deese, Facilities Maintenance Supervisor John Cole and Neighborhood Council Specialist Lauren Lauletta have met a number of times to review, update and fine-tune the Policy. The proposed Policy does not include facilities that are used only for recreational activities, such as the El Toyon and Kimball Recreation Centers. Use of these facilities is covered under a separate Council Policy. The proposed Policy also includes a revised Facility Use Application and informational packet providing instructions of the City's rental process and details of the facilities and their amenities. Significant changes to the proposed Policy include: • The inclusion of the Kimball Senior Center and Casa de Salud since both facilities receive frequent requests for their use. re Categories of Use — Eliminated Item II — "Events organized or sponsored by Mayor or Council members (No Fees)." • Applicant Eligibility — Requires that the person completing the application be over 21 years of age and have the authority to bind the company or organization requesting the facility. Also requires a minimum of one adult per twenty-eight people under the age of 18 years of age. Special Rates — Non -Profit Organizations — Recommends that local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as recommended by the Community Services Director and as approved by the City Council. • Fees and Deposits — Kitchen Deposit in the amount of $60 is required, non-waivable and refundable; Cleaning Deposit in the amount of $100 is required, non-waivable and refundable; Building Use Fee in the amount of $50 is required, non-waivable and non- refundable. Alcohol Regulations — Requires users to designate a person to ensure that alcohol is being served to persons 21 years of age and older; users must specify in detail the monitoring of alcohol consumption. Facility Use Application and Informational Packet — Provides the user with instructions of the City's rental process and details of the facilities and their amenities. rffi Summary of Charges — Increases the hourly and overtime rates for custodial personnel for set-up and clean-up of events based on current wages from $15.00/hour to $22.00/hour during working hours and from $22.50 to $35.00/hour for overtime hours. ATTACHMENT 2 CITY COUNCIL POLICY PROPOSED CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS POLICY FOR THE USE OF THE MARTIN LUTHER KING, JR. NUMBER: 800 COMMUNITY CENTER, KIMBALL SENIOR CENTER, AND CASA DE SALUD ADOPTED: August 10, 1993 AMENDED OR REVISED: January 17, 2006 Page 1 of 2 Purpose To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. Facilities Available for Reserved Use: 1. Martin Luther King, Jr. Community Center, 140 E. 12th Street 2. Kimball Senior Center, 1221 "D" Avenue 3. Casa de Salud Center, 1408 Harding Avenue CITY OF N NAL CITY CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS POLICY FOR THE USE OF THE MARTIN LUTHER KING, JR. NUMBER: 800 COMMUNITY CENTER, KIMBALL SENIOR CENTER, AND CASA DE SALUD ADOPTED: August 10, 1993 AMENDED OR REVISED: January 17, 2006 Page 2 of 2 City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy References: None CITY OF N ONAL CITY ATTACHMENT 3 FACILITY USE GUIDELINES AND REGULATIONS - PROPOSED FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, KIMBALL SENIOR CENTER AND CASA DE SALUD The Martin Luther King, Jr. Community Center, Kimball Senior Center and Casa De Salud are public facilities, owned By the Citizens Of National City and administered for them By the City Council and the staff of the City Of National City, for public use. City facilities may not be used by any person or group for a commercial purpose or for personal financial gain. These Guidelines And Regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr. Community Center, the Kimball Senior Center, and the Casa de Salud Center. If you are unable to locate the information you need in this document, please call us at 619/336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. These regulations and guidelines are established to properly define the conditions under which facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reserved Use: 1. Martin Luther King, Jr. Community Center, 140 E. 12th Street 2. Kimball Senior Center, 1221 "D" Avenue 3. Casa de Salud Recreation Center, 1408 Harding Avenue City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the facility. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 5 Fees and Deposits 6 Exclusions 6 Applicant Eligibility 7 FACILITY RESERVATIONS 7 Termination of Approved Use 7 RATES 8 SPECIAL RATES 8 Non -Profit Organizations 8 National City Senior Citizens' Organizations 8 FEES AND DEPOSITS 8 Kitchen Deposit 9 Cleaning Deposit 9 FEES Facility Use Fee 9 PAYMENT 9 General 9 Kitchen 9 Cleaning 10 Facility Use 10 KEYS 10 SET-UP DIAGRAM 10 DECORATING 10 RESTROOMS 11 INDEMNIFICATION 11 4 INSURANCE 11 ALCOHOL REGULATIONS 11 SECURITY 12 SMOKING 12 FINANCIAL STATEMENT 12 LOAN OF FACILITY EQUIPMENT 13 EEOC 13 5 0 Category Use CATEGORIES OF USE - BY PRIORITY Fees Required Approval I. City events organized or sponsored by the City. No Fees Community Services Director II. City employee groups for official meetings. For other than official meetings, functions will be classified by use. Custodial Fees Community Services Director III. Educational Groups. Educational activities organized by any school located in National City. Council Approved Rate City Council IV. Governmental Agencies Council Approved Rate City Council V. Civic Groups/Service Groups. National City organizations that are democratic in character and organized for civic purposes, with membership or participation open to the general public or fundraising events for local community improvements and/or local charitable causes. Council Approved Rate City Council VI. Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) forum. Council Approved Rate City Council VII. Social Groups. National City NON- Council Approved Rate City Council PROFIT organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: 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. VIII. Other. Proposed uses not falling readily into one of the above use categories will require City Council approval. Council Approved Rate City Council 6 CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees None None None None II. Employee Group Custodial Fees None None None None III. Educational Group Council Approved Rate Required Required Non-waivable Refundable Required Non-waivable Refundable Required Non-waivable Non -Refundable IV. Civic/Service Group Council Approved Rate Required Required Non-waivable Refundable Required Non=waivable Refundable Required Non-waivable Non -Refundable V. Advocacy Group Council Approved Rate Required Required Non-waivable Refundable Required Non-waivable Refundable Required Non-waivable Non -Refundable VI. Social Group Council Approved Rate Required Required Non-waivable Refundable Required Non-waivable Refundable Required Non-waivable Non -Refundable VII. Other Council Approved Rate Required Required Non-waivable Refundable Required Non-waivable Refundable Required Non-waivable Non -Refundable EXCLUSIONS City facilities are not available for the following purposes: a) Private functions. b) Commercial purposes, for personal financial gain. c) Fundraisers or 'for -profit' events. 'For -profit' examples include charging for attendance to an event, marketing "parties", and retail sales. d) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a member's wedding). e) Dances (unless sponsored by the Community Services Department or any other City Department). f) Although a special event use by a religious group may be appropriate, repeated use (i.e., essentially using the City facility as a church/temple) would not be. g) A National City club or group sponsoring another group or purpose, which would not qualify for usage in its own right. r) 7 APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone Tess than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and/or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. 8 The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's or Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. ► SPECIAL RATES: Non -Profit Organizations — Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations - A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or a portion of the deposit, will be forfeited and additional charges may be incurred. 9 ► REFUNDABLE DEPOSITS: 1 Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) Cleaning Deposit in the amount of $100.00 is required, non-waivable and refundable upon city staff approval (See Item #4 below) ► NON REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #3 below) PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336- 4580 to have the gas for the ovens turned on/off. Please give Public Works one day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilitiess. KEYS Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. Keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. Duplication of keys is not 'permitted! -' SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fireproof or of fire -retardant materials. Organizations 11 must bring their own U.L. approved extension cords. Decorating for an event is not permitted outside of the facility. RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must complete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies, which hold a current policy holder's alphabetic and financial size category rating of not Tess than "A VIII" according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. General liability insurance with minimum limits of $1,000,000 with the "City of National City" named as additional insured, and with a "hold harmless" agreement executed for meetings, dances, or dinners. Other activities will be considered on an individual basis. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must also be provided. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City facility. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also l 12 be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must be provided. If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older. Users must specify in detail the monitoring of alcohol consumption. • Also See "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. • Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). 13 An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. EEOC The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilitiess on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 14 ATTACHMENT 4 FACILITY USE GUIDELINES AND REGULATIONS - SHOWING CHANGES FACILITY USE GUIDELINES,_AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, KIMBALL SENIOR CENTER AND CASA DE SALUD THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, KIMBALL SENIOR CENTER, AND CASA DE SALUD ARE,PUBLIC,FACILITIES, OWNED BY THE CITIZENS OF NATIONAL CITY AND ADMINISTERED FOR THEM BY CITY COUNCIL AND THE STAFF OF THE CITY OF NATIONAL CITY, FOR PUBLIC USE. THE,FACILITIES MAY NOT BE USED BY ANY PERSON OR GROUP FOR A COMMERCIAL PURPOSE, NOR FOR PERSONAL FINANCIAL GAIN. THESE,GUIDELINES AND REGULATIONS ARE ESTABLISHED TO PROPERLY DEFINE THE CONDITIONS UNDER WHICH THE FACILITIES MAY BE USED AND PRESERVED FOR FUTURE USERS. THE GUIDELINES AND REGULATIONS,MAY BE CHANGED OR MODIFIED FROM TIME TO TIME BY THE CITY COUNCIL. Deleted: RULES Formatted: Font: Bold -- Deleted: S ----atted: Font: Bold -{ Deleted: IS A Deleted: BUILDING { Deleted: BUILDING {Deleted: RULES j --- (Deleted: IT Deleted: THEY FACILITY USE GUIDELINES AND REGULATIONS City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King Jr. Community Center the Kimball Senior Center, and the Casa de Salud. If you are unable to locate the information you need in this document, please call us at 619/336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. These regulations and guidelines are established to properly define the conditions under which facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reserved Use: 2 1. Martin Luther King, Jr. Community Center, 140 E. 12th Street 2. Kimball Senior Center, 1221 "D" Avenue 3. Casa de Salud, 1408 Harding Avenue City facilities shall not be used for private functions commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the facility. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, ape, marital or veterans' status, sexual orientation or disability ---'-_Formatted: Bullets and Numbering j RULES & REGULATIONS CATEGORIES EXCLUSIONS SCHEDULING OF USE (INCLUDING LOTTERY PROCEDURES) RATES SPECIAL SENIOR CITIZEN RATE ADDITIONAL CHARGES INSURANCE ALCOHOL SECURITY PAYMENT TERMINATION SMOKING FINANCIAL STATEMENT LOAN OF FACILITY,EQUIPMENT 4 { Deleted: COMMUNITY BUILDING & J CATEGORIES OF USE — BY PRIORITY City events organized or sponsored by the city. (NO FEES) III. Recreational activities sponsored by the Community Services Department, (NO FEES) III. Citypmployee groups (CUSTODIAL FEES ONLY) for official meetings... For other than official meetings, functions will be classified by use. IV. Educational groups. Educational activities organized and sponsored by any school located in National City,„ (RESOLUTION RATES AT DISCRETION OF COUNCIL) V. Governmental Agencies (COUNCIL APPROVED RATES) VI. Civic/Social groups. National City organizations which are democratic in character and organized for civic purposes, with membership or participation open to the general public,pr fundraising events for community improvements and/ or charitable causes. (RESOLTUION RATES) VII. advocacy. An individual, a group,,sponsors of a ballot proposition, etc., for political advocacy purposes, candidate's forum or a ballot proposition. VIII. 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.) - Deleted:¶ #>Events organized or sponsored by Mayor or Council members (NO FEES)¶ Formatted: Bullets and Numbering Deleted: of the Parks and Recreation Department Formatted: Bullets and Numbering Deleted: of National City Formatted: Bullets and Numbering Deleted: or OTHER GOVERNMENTAL AGENCIES Formatted: Bullets and Numbering Deleted: or designated elements thereof; Deleted: Political Deleted: a Deleted: a political party, Deleted: Includes also a candidate's forum or a ballot proposition(s) forum .¶ 'f Formatted: Indent: Left: 0.25" _ - Deleted: n and who submits either a receipt for payment of current California,. .---{ Deleted: n (A non-profit organization is one whose articles of incorporation as non-profit have been endorsed by the Califomia,Secretary of State, taxes or a current exemption for the payment of these taxes by the STATE FRANCHISE TAX BOARD) IX ,Other. Proposed uses not falling readily into one of the above use categories,will require the approval of the City Council. 5 Deleted: ¶ Educational groups meeting for social purposes would be included in this category,¶ Formatted: Indent: Left: 0.25", Hanging: 0.5" { Deleted: Deleted: ¶ EXCLUSIONS City facilities are not available for the following purposes; • Private functions, • Commercial purposes, for financial pain. • Fundraisers or "for profit" events. 'For profit' examples include charging for attendance to an event, marketing "parties" and retail sales. • Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a member's wedding). • ,ponces (unless sponsored or co -sponsored by the Community Services Departmentpr any other city department). • Although a special event use by a religious group would be appropriate, repeated use (i.e., essentially using the city ,facility as a church/temple would not be. , • A National City club or group sponsoring another group or purpose, which would not qualify for usage in its own right. APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone under 21 years of ape. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and/or legal action. Deleted: In addition to the commercial use and private personal gain, exclusion previously defined, the Community Center is not available for the following purposes: { Deleted: parties Deleted: Teen-age Deleted: d Deleted: Parks and Recreation Department Deleted: building { Deleted: Waiver of fees wit not be ( authorized. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City facility for causes not directly related to the activity in progress. FACILITY RES ERVATIO NS, Category I take precedence over all others users at any time Reservations will be accepted generally on a first -come -first -serve basis. The schedule will remain tentative until 30 days before the event. At any_time prior to 30 days before advent, a group of higher category may displace a group of lower category (although consideration will be given to already scheduled events). At 30 days before the event, the schedule is locked in, and: bu_ mping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign or otherwise adjust reservations to comply with the demand of its own programs, community programs, or emergency requirements. c TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. { The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event will be terminated and that the premises be vacated and to request the Police Department's or Fire Department's assistance as necessary to clear the premises. If this action is necessary, the using organization will have to explain its actions\ to the City Council and to obtain City Council approval to schedule any future event. 7 Deleted: Page Break - Deleted: SCHEDULING OF USE (INCLUDING LOTTERY PROCEDURE) Deleted: ¶ The Roman numerals of the Category code are relative indicators of priority of usage.¶ Formatted: Font: Bold Deleted: the Deleted: non Deleted: Special scheduling for Category VIII Social Groups:¶ Because of the large number of social groups desiring use of the facility and the frequent requests of two or more organizations for the same day, an equitable procedure for date awarding and frequency -of -use criteria is established.¶ <#>The same organization may not use the Community Center more than three (3) times within any 3-month period.¶ ¶ <#>Category VIII groups will normally not be scheduled further than 90 days in the future.¶ ¶ <#>Awarding the use of the Community Center for a date that is requested by more than one Category VIII organization will be determined by lot as follows:¶ <#>Or the first working day of the month:¶ <#>The next 30-day schedule is "locked" in by definition <#>The second 30-day schedule is tentative in that it is subject to bumping¶ ¶ <#>We will be working on the schedule for the third 30 days.¶ ¶ ¶ LOTTERY PROCEDURE: On the first working day of the month, a lottery will be held in the Public Works Department. If only one organization has requested the first open date, the date will be assigned to that organization. If more than one( Deleted: Page Break Formatted: Indent: Left: 0' Formatted: Indent: Left: 0.5" , Formatted: Indent: Left: 0.5" l Formatted: Indent: Left: 0" J RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the "City of National City". 'SPECIAL RATES Non -Profit Organizations — Upon the recommendation of the Community Services Director and as approved by the City Council, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. ,National City Senior Citizens' Organizations -,,/4 National City senior citizens' ,organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key on the next business day, where no damage or loss has occurred and where no extra clean-up is required. In the event of damage loss or extra clean-up as determined by the Public Works Department, the deposit, or a portion of the deposit, will be forfeited and additional charges may be incurred. Refundable Deposits: ► REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) 8 --{ Formatted: Font: Bold Formatted: Font: Bold Deleted: The rates for the use of this facility will be as established from time to time by the City Council.¶ Formatted: Underline Deleted: ¶ .]Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: the Community Center Formatted: Font: (Default) Arial i n 1 Cleaning Deposit in the amount of $100.00 is required, non-waivable and refundable upon city staff approval fSee Item #4 below) I. NON REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #3 below) PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to• comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen A non-waivable, refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, equipment, cooking tools, eating equipment utensils, and the overall kitchen area shall be left scrupulously thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subiect to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336- 4580 to have the gas for the ovens turned on/off. Please give Public Works one day advance notice. 3. Cleaning A Cleaning Facility Deposit is required in the amount of $100.00. fFormatted: Indent: Left: 0.5" Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean uo fee. The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use Fee is required in the amount of $50.00. In the event of physical damage to the facility its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the Citv, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 P.M. Keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. Duplication. of'keys',s:not permitted!:' SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of clue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fireproof or of fire -retardant materials. Organizations 10 Formatted: Font: Bold, Font color: Auto Formatted: Font: Bold must bring their own U.L. approved extension cords. Decorating for an event is not permitted outside of the facility. RESIROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must complete the release, hold harmless and indemnity agreement which releases the City and its Council agents, servants, and/or employees, from any damages claims causes of action, iniuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. INSURANCE tklI groups are required_ to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies which hold a current Dolicy holder's alphabetic and financial size category rating of not less than "A VIII" according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. General liability insurance with minimum limits of $1,000,000 with the "City (Formatted: Indent: Left: 0" Deleted: (minute action 11/19/91).1 Page Break - Formatted: Font: (Default) Arial Formatted: Tabs: 0.25", Left Deleted: Groups V, VI, VII and VIII are required to have insurance to protect the city from liability occasioned by their use of the facility.¶ National City" named ,as additional insured, and with a "hold harmless" __ Deleted: ¶ agreement executed for meetings, dances, or dinners. Other,_ activities _ will _ be _{ Deleted: s considered on an individual basis. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must be provided. Insurance coverage may be obtained through the city under terms, conditions -- and rates applicable at the time. 11 Formatted: Indent: Left: 0" ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of. alcohol at the community center. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must be provided. If alcohol is going to be served a security auard may be reauired to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of aae and older. Users must specify in detail the monitoring of alcohol consumption. • Also See "Security" Clause 12 Formatted: Indent: Left: 0" j { Formatted: Bullets and Numbering Formatted: Indent: Left: 0" SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event. One security guard for each 200 permitted attendance, as determined by the Public Works Director after consultation with the Police Department. • Also See "Alcohol" Clause 13 Formatted: Bullets and Numbering I ,aSMOKING ,Smoking is not permitted in any part of the,facility. per Government Code Sections 7596-7598, smoking is prohibited within 20 feet I of the main entrances, exits and operable windows of any facility owned, leased- and occupied by the State, County, or City. 1 14 it Deleted: PAYMENT¶ 11 Payment for the use of the Community Center will be made to the City Treasurer. Proof of payment for use of the facilities must be received in Public Works at least 10 days prior to the event. If payment Is not received, the event will be considered cancelled, and the organization will be advised.¶ The Public Works Director, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs.¶ ¶ Cancellation: Any event may be cancelled four (4) calendar days before the event, without charge. A fee of % the rental fee will be assessed for late cancellation. Deleted: TERMINATION ¶ . The using group and especially the individual signing as applicant is responsible ¶ to ensure that participants are respectful of the facilities and equipment.¶ ¶ The requirements of the city's representative will be met expeditiously. The city's representative has the authority to direct that the event be TERMINATED and that the premises be vacated. He has the authority b.,"— request Police Department or Fire. Department assistance as necessa to clear the premises.¶ IIf this action is necessary, the using organization will have to explain its actions to the City Council, and to obtain City Council authority to schedule any future event.¶ Page Break- qDeleted: . t Deleted: building ;( Deleted: . [Deleted: building l Formatted: Indent: Left: 0" FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the: - event and how the funds raised will benefit.the National City community. Any non-profit organization that uses the Community Center more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. An EVENT FINANCIAL REPORT will be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of personnel attending a function, with addresses, may be required. 15 fFormatted: Indent: Left: 0" Deleted: (Minute action 5/25/92). Deleted: c Formatted: Indent: Left: 0" Deleted: building LOAN OF FACILITY,,EQUIP,JVIENT (Tables, Chair, Electronic, Musical, or Kitchen Equipment) Normally, this type equipment supporting the Community Center is not available. for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If a loan is requested, an appropriate rental fee will be recommended by City staff. EEOC The applicant hereby assures that all programs and activities implemented at City facilities and open to the general public will be conducted in a non- discriminatory manner without regard to an individual's race gender, color, creed or national origin. We Ask For Your Hell)! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 16 Deleted: COMMUNITY BUILDING Deleted: T Formatted: Indent: Lek: 0" Deleted: building J Formatted: Indent: Left: 0" CATEGORIES OF USE 17 * Required *Non- waivable * Refundable * Required *Non- waivable * Refundable *Required *Non- waivable * Refundable * Required *Non- waivable * Refundable * Required *Non- waivable * Refundable * Required *Non- waivable *Refundable * Required *Non- waivable * Refundable * Required *Non- waivable * Refundable * Required *Non- waivable *Non - Refundable * Required *Non- waivable *Non - Refundable *Required *Non- waivable *Non - Refundable * Required *Non- waivable *Non - Refundable Page 7: Ell Deleted LDeese Special scheduling for Category VIII Social Groups: Because of the large number of social groups desiring use of the facility and the frequent requests of two or more organizations for the same day, an equitable procedure for date awarding and frequency -of -use criteria is established. The same organization may not use the Community Center more than three (3) times within any 3-month period. Category VIII groups will normally not be scheduled further than 90 days in the future. Awarding the use of the Community Center for a date that is requested by more than one Category VIII organization will be determined by lot as follows: 12/22/2005 4:51:00 PM On the first working day of the month: The next 30-day schedule is `locked" in by definition The second 30-day schedule is tentative in that it is subject to bumping We will be working on the schedule for the third 30 days. LOTTERY PROCEDURE: On the first working day of the month, a lottery will be held in the Public Works Department. If only one organization has requested the first open date, the date will be assigned to that organization. If more than one organization has requested that date, slips representing each requesting organization will be placed into a container, and one will be withdrawn under Public Works direction. That organization will be awarded the date. The second open date of the month will be reviewed. If only one organization has requested that date, it will be assigned that organization. If two or more organizations have requested that date, again slips representing each requesting organization will be placed in a container, and one will be withdrawn under Public Works Direction. That organization will be awarded the second ate, and so on. (The six -uses -in -any -three -month -criteria may include an organization from participating in the lottery for a given date.) A lottery procedure may be used as a determinator for awarding or dates to equal groups of any priority designation. Any person organization representative may attend the lottery. ATTACHMENT 5 RULES AND REGULATIONS FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER - ORIGINAL RULES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING, 'JR: COMMUNITY CENTER THE MARTIN LUTHER KING, JR. COMMUNITY CENTER IS A PUBLIC BUILDING, OWNED BY THE CITIZENS OF NATIONAL CITY AND ADMINISTERED FOR THEM BY THE CITY COUNCIL AND THE STAFF OF THE CITY OF NATIONAL CITY, FOR PUBLIC USE. THE BUILDING MAY NOT BE USED BY ANY PERSON OR GROUP F COMMERCIAL PURPOSE, NOR FOR PERSONAL FINANCIAL GAIN. OR A THESE RULES AND REGULATIONS ARE ESTABLISHED TO PROPERLY DEFINE THE CONDITIONS UNDER WHICH IT MAY BE USED AND PRESERVED FOR FUTURE USERS. THEY MAY BE CHANGED OR MODIFIED FROM TIME TO TIME BY THE CITY COUNCIL. RULES & REGULATIONS CATEGORIES EXCLUSIONS SCHEDULING OF USE (INCLUDING LOTTERY PROCEDURES) RATES SPECIAL SENIOR CITIZEN RATE ADDITIONAL CHARGES INSURANCE ALCOHOL SECURITY PAYMENT TERMINATION SMOKING FINANCIAL STATEMENT LOAN OF COMMUNITY BUILDING & EQUIPMENT -1- 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) III Recreational activities of the Parks and Recreation De IV partment. (NO FEES) City of National&City employee meetings. For othth groups (CUSTODIAL FEES ONL an official meetings, functions will be classified b u for official V EEduccational y use. located groups. Educational activities or in National organized and sponsored by any school (RESOLUTION City, or OTHER GOVERNMENTAL RATES AT DISCRETION OF COUNCIL) AGENCIES 'VI Civic groups. National City or organized for civic organizations which are democratic in character and organ designated with membership or participation o public, or desi ated elements thereof; or fun improvements and/or charitable causes Pen to the general (RESOLTUIO RATSents for community VII Political advocacy. ) Y An individual, a group, a political ply, sponsors of a ballot proposition, etc., for political advocacy Purposes. Includes also a candidate's forum ballot proposition(s) forum. or a VIII Sociall groups. National Ci ° ar andty NON-PROFIT organizations which are democratic in organized for social purposes, with membershi public. P or participation open to the general (A (A National City organization is defined National as officers of the is as one having National City membership coin organization, and with at least 75% of its active prised of residents of the City of National City) (A non-profit organization is one been endorsed bywhose articles. of incorporation as the California Secretary of State non-profit have Payment of current Californiaa ,and who submits either a receipt for SETAXBOARD )exemption for the payment of these taxes by the STATE FRANCHI Educational groups meeting for social purposes would be included inp this category. IX Other. Proposed uses not falling readily into one of the above use categories will requiSe the approval of the City Council. Rev. 10/99 EXCLUSIONS In addition to the commercial use and priyate``'personal gain exclusion previously defined, the Community 'enter is not available for the following purposes: • Private parties. • Normally authorized groups sponsoring privatet g•e (i.e., a service group sponsoring a member's wedding). Teen-age dances (unless sponsored or co__s e.bred by the .Parks and Recreation Department or any city de.ient). , Although a special event use by a religiouagrqup would be appropriate, repeated use (i.e., essentially<ng the city building as a church) would not be. Waiver,Pf fees will not be authorized. A National City club or group sponsoring'"ather group or purpose which whould not qualify for usage in its: own right. -3- SCHEDULING OF USE (INCLUDING LOTTERY PROCEDURE) The Roman numerals of the Category code are relative indicators of priority of usage. Category I takes precedence over all other users at any time. Reservations will be accepted generally on a first -come -first - served basis. The schedule will remain tentative until 30 days before the event. At any time prior to 30 days before the event, a group of higher category may displace a group of a lower category (although consideration will be iven to scheduled events). At 30 days before the event, the scheduleais locked in, and no "bumping" (except for Category I) will be permitted. Special scheduling for Category VIILSocial Groups: Because of the large number of social groups desiring use of the facility, and the frequent requests of two or more organizations for the same day, an equitable procedure for date awarding and frequency -of -use criteria is established. a) The same organization may not use the Community Center more than three (3) times within any 3-month period. b) Category VIII_ groups will normally not be scheduled further than 90 days in the future. c) Awarding the use of the Community Center for a date that is requested by more than one Category VIIr organization will be determined by lot as follows: On the first working day of the month: - The next 30-day schedule is "locked" in by definition. - The second 30-day schedule is tentative in that it is subject to bumping. - We will be working on the schedule for the third 30 days. LOTTERY PROCEDURE: On the first working day of the month, a lottery will be held in the Public Works Department. If only one organization has requested the first open date, the date will be assigned that organization. If more than one organization has requested that date, slips representing -4- crEPnrLING OF USE (Continued) each requesting organization will be placed into a container, and one will be withdrawn under Public Works direction. That organization will be awarded the date. The second open date of the month will be reviewed. If only one organization has requested that date, it will be assigned that organization. If two or more organizations have requested that date, .again slips representing each requesting organization will be placed in a container, and one will be withdrawn under Public Works Direction. That organization will be awarded the second date, and so on. (The six -uses -in - any -three -month -criteria may exclude an organization from participating in the lottery for a given date.) A lottery procedure may be used as a determinator for awarding dates to equal groups of any priority designation. Any person or organization representative may attend the lottery. -5- RATES The rates for use of this facility will be as established from time to time by the City Council. SPECIAL RATE NATIONAL CITY SENIOR CITIZENS' ORGANIZATION A National City organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for the Community Center (minute action 11/19/91). -6- INSURANCE Groups V, VI, VII and VIII are required to have insurance to protect the City from liability occasioned by their use of the facility. General liability insurance with minimum limits of $1,000,000 with City named as additional insured, and with a "hold harmless" agreement executed for meetings, dances, or dinners. Other activities will be considered on an individnal basis. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must be provided. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. -ALCOHOL The specific approval of Council is required for;-`e' consumption of alcohol at the community center. If" reined by the Department of Alcoholic Beverage Control, a emit from the Department of Alcoholic Beverage Control must a g0:We obtained. Any such request must be processed by both agencies, presented in suf€3e time to be Cs _ 0 SECURITY Applicants may be. required to provide licensed, uniformed and contracted security guards for each event. One security guard for. each 200 of permitted attendance, as determined by the Public Works Director after consultation with Police Department. �1 -10- PAYMENT Payment for the use of the Community Center will be made to the. City Treasurer. Proof of pa be received in Public Works ateleasttr10sdaoyprior pre fatolthees must If -.payment is not received, the eventwill beo considered cancelled, and the. organization will be advised. The Pub bliCtoWorkss Director may, for sufficient reason, make received before the evpent ooicyccurst in any event, payment must be Cancellation: Any .event may be cancelled four (4) calendar days before the event, without charge. A fee of 1/2 the rental y will be assessed for -late cancellation. fee -11- TERMINATION The using group and especially the individual signing as applicant. is responsible to ensure that participants are respectful of the facilities and equipment. The requirements of the city's representative will be met expedi- tiously. The city's representative has the authority to direct that the event be TERMINATED and that the premises be vacated. He has the authority to request Police Department or Fire Department assistance as necessary to clear the premises. If this action is necessary, the using organization will have. to explain its actions to the City Council, and to obtain City Council authority to schedule any future event. 0-12- SMOKING Smoking is not permitted in any part of the building. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any building owned, leased and occupied by the State, County, or City. eip -13- FINANCIAL STATEMENT Any non-profit organization that uses the Community Centermore than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92) An EVENT FINANCIAL REPORT will be filed with the city within fifteen (15) days subsequent to the'event by any organization charging admission or by any group using the building for fund- raising purposes. A sign -in log of personnel attending a function, with addresses, may be required. -14- LOAN OF COMMUNITY BUILDING EQUIPMENT (Tables, Chairs, Electronic, Musical; or Kitchen EUipment) Normally, this type equipment supporting the .Coi jinity Center is not available for "borrowing" or for use Quts:i0A .the building. Any borrowing will be with the express appggya1 of the City Council. If loan is requested, an appropriate XAxtt;41 fee will be recommended by staff. t.,sa -15- ATTACHMENT 6 FACILITY USE APPLICATION PROPOSED City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility Kimball Senior Center Casa De Salud Date(s) of Use: Time of Use: From: Day(s) of Use: AM/PM To: AM/PM — INCLUDE SET-UP & CLEAN-UP TIME type of Function/Activity: Is the event open to the public? Name & Address of Organization/Group: Non-profit organization: yes no Anticipated Maximum Attendance: Will Admission be charged? Amount $ Equipment Requested: # of chairs Podium/Microphone Use of Kitchen: Yes No Is the Use of Alcohol Requested? Tax ID # Percentage of National City Residents Will this be a Fund Raising Event? # of banquet tables **PLEASE ATTACH SEATING DIAGRAM ** Use of Gas for Range and Oven: Yes No Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? YES Name: Name: Phone: Phone: How many times in the last twelve months have you requested to use a City Facility? NO Stage It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any Toss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: PRINT NAME: SIGNATURE: ADDRESS OF APPLICANT: CITY, STATE, ZIP CODE: PHONE: DAY EVENING EMAIL: FAX NUMBER: CONTACT PERSON ON THE DAY OF THE EVENT: HOME PHONE: ( ) CELL: ( ) Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. - Community Services Staff Only — Rental Amount Received: Receipt Number: Deposit Amount: Cash Check Deposit/Key Returned: Money Order # Key Issued: YES NO 2 60 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 include the city, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: Person in charge of activity: Address: Telephone: E-Mail: City Facilities and/or property requested: Date(s) of use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and 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 to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature of Applicant Official Time Date Certificate of Insurance Approved by Name and Title 3 APPLICATION INSTRUCTIONS 1. Complete and sign the application for use of the City facility. 2. A Certificate of Liability Insurance in the amount of $1,000,000 naming the "City of National City" as an additional insured is to be attached to the application (see Page 10 of the "Facility Use Guidelines and Regulations" for the use of all public City facilities. a. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must be also provided (see page 10 of the "Facility Use Guidelines and Regulations".) 3. A letter addressed to the Director of Community Services Department, explaining what the event is for, date, time, number of people, and any other information that may help to support the use the Facility. 4. The above letter must be delivered to the Community Services Department, 140 East 12th Street, Suite A, National City, CA 91950. 5. If you have any questions, please call the Community Services Department at (619) 336-4290. Public Works _ Police Department Community Services — Building and Safety Risk Management — Finance Department Fire Department or Office Use Only Department Yes No Condition(s) of Approval Specific Conditions of Approval: Date Initial Safety/ Security Please describe your procedures for crowd control and internal security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. Name: Contact phone number the day of event: YES _ NO Have you hired any Professional Security organization to handle 5 ��3 Martin Luther King Jr. Building 140 East 12th Street National City, CA 91950 North Room (4,875 square feet) Dancing/Assembly = 350 Dining = 225 South Room (1,625 square feet) Dancing/Assembly = 160 Dining = 75 Entire Room (6,500 square feet) Dancing/ Assembly = 510 Dining = 300 • 15 large round tables (seats 8 people) • 39 8ft tables (seats 8 people) • 6 6ft tables (seats 4 people) • 52 parking spaces • The City DOES NOT PROVIDE silverware, pots, pans, plates or glasses Extra large kitchen; large refrigerator and freezer, three gas ovens, 1 gas range, 1 gas griddle, icemaker and a microwave Kimball Senior Center 1221 D Avenue National City, CA 91950 Dancing = 357 Dining = 166 • 15 round tables (seats 8 people) • 14 long tables (seats 8 people) • 113 blue chairs • 32 orange chairs • 75 folding chairs • 89 Parking Spaces • The City DOES NOT PROVIDE silverware, pots, pans, plates or glasses • Large kitchen; freezer/refrigerator, three gas ovens, one gas range and a microwave :• Microphone Kimball Main Hall Facing South Kimball Main Hall Facing North 8 Kimball Kitchen Casa De Salud Senior & Recreation Center 1408 Harding Avenue National City, CA 91950 Room limit = 108 • 23 long tables (seats 6 people) • 120 new chairs • 94 orange chairs • 78 blue folding chairs • Street parking only • The City DOES NOT PROVIDE silverware, pots, pans, plates or glasses • Refrigerator, stove and microwave ❖ Microphone NATIONAL CITY MARTIN LUTHER KING JR. COMMUNITY CENTER SUMMARY OF CHARGES Fees and Costs: Service Clubs: $100/ month Other Organizations Activity South Room North Room Entire Hall Dining: 0-73 $23.45/ hr 0-149 $70.36/hr 150-221 $87.97/hr 222-294 --- $117.26/hr Dance/ Assembly: 0-100 $23.45/hr 101-157 $29.32/hr 158-300 $70.36/hr 301-472 $87.95/hr 473-630 $117.26/hr Kitchen: $10.00/hr. $50.00 Minimum- only to be used in conjunction with use of hall. Custodial: $22.00/hr. during working hours and $35.00/hr. for overtime hours Custodial charge shall be charges for set and clean up based on the events' estimated attendance as follows: 1-100 person lhr. set up and 1hr. clean up 101-157 2hr. set up and 2hr. clean up 158-300 3hr. set up and 3hr. clean up 301-472 4hr. set up and 4hr. clean up 473-630 5hr. set up and 5hr. clean up In addition, if desired, the applicant may purchase "stand by" custodial services during the event at the hourly rate shown above. INSURANCE WILL BE REQUIRED, EITHER THROUGH USING ORGANIZATION INSURANCE ACCEPTABLE TO THE RISK MANAGER, OR THROUGH THE PURCHASE OF EVENT INSURANCE THROUGH THE CITY 10 Building Cost based on daily usage: Martin Luther King Jr: $355 daily cost Utilities $177 Staff $168 Maintenance $10 Casa de Salud: $103 daily cost Utilities $15 Staff $78 Maintenance $10 Kimball Sr. Ctr.: $110 daily cost Utilities $22 Staff $78 Maintenance $10 Public Works Building Inspection Report _ _ Date: - _ - Address; Site User; - - - Si a Person; - Contact _ Phone #, Contact - Hall1 Banquet Area _ Lobby/Entry _ _ Yes _ No N A Yes No N/A _ Chairs Tables Ashtrays/Trash Cans Carpet/Tile Doors Doors/Walls - - - Entry_ADoors rea _ - _ _ Elec. Switches - Furnishings _ _ _ Glass Glass Stage Tile/Carpet Electronic Equipt - Kitchen Trash Cans - - _ _ _ Restroom _ _ - - Cabinets - - - Chairs Floors - - - - Floor Sinks Counter Tops Toilets/Urinals - - - Microwave Trash Cans - Refridgerator _ - _ _ Mirrors Ovens/Stoves Walls Freezers Counters - - - Sinks Tables Trash Cans Contact Signature: Date: In, ection Sionature_ Date: Notes & Comments 12 &:)1 ATTACHMENT 7 FACILITY USE APPLICATION - ORIGINAL APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: Business Address: Name of Applicant: Address: Telephone Number: day ( ) evening ( ) Type of Function: - Date Requested: Decorating Time: (am/pm) to (am/pm) Function Time: (am/pm) to - (am/pm) Clean up Time: (am/pm) to (am/pm) Use of Kitchen: no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: Will Admission be charged? If yes, Amount $ Will this event be used as a fund raising event? Will alcohol be served? If yes, ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? If yes, attach sketch. Special equipment required? If yes, attach list. Copy of Rules & Regulations provided? Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Signature of Applicant Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of 'Insurance must be attached to this permit. Organization Person in charge of activity Address Telephone City facilities and/or property requested Date(s) of use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date Certificate of Insurance Approved by Name and Title rev. 09/02 -73 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 AGENDA ITEM NO. 23 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a Wireless Communications Facility on Sweetwater Union High School Property at 2900 Highland Avenue. (Applicant: Cingular Wireless) (Case File CUP-2005-12) PREPARED BY Martin R Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The school campus is 28 acres in size and is zoned Civic Institutional — Open Space (IC -OS). The project is located at the south end of the grandstand in the southwest comer of the school property. The applicant will replace an existing light standard, install three flush -mounted panel antennas on it, and remount the existing floodlights. The associated equipment for the facility is proposed to be underground in a vault in order to reduce the potential impact on school facilities. The Planning Commission held hearings on this item on October 17 and December 5, 2005, where the applicant answered questions regarding site selection and fees paid to the school district. The Commissioners continued the item from the October 17, 2005 meeting so that the applicant could relocate the project to its current proposed location to minimize potential impacts on school recreational space. After hearing testimony from the Sweetwater Union High School District Utilities Manager in support of the proposal, 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. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Rio BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Carrillo, Pruitt, Alvarado, Baca, Flores, Martinelli, Reynolds Nays: Graham ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 38-2005 2. Location Map Resolution No. 3. Photo simulations & site photos 4. Reduced site plan, elevations, details A-200 (9/99) RESOLUTION NO. 38-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON SWEETWATER UNION HIGH SCHOOL PROPERTY AT 2900 HIGHLAND AVENUE APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2005-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on Sweetwater Union High School property at 2900 Highland Avenue at a duly advertised public hearing held on October 17, 2005 and continued to the meeting of December 5, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-2005-12 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 hearing held on October 17 and December 5, 2005, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small above ground area to be occupied by the facility (121 square feet) will have an insignificant effect on the use of the 28 acre school property, and will not affect existing uses and recreation areas. 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 80-foot replacement light standard will adequately disguise the three panel antennas, and since the equipment shelter will be vaulted below ground. 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 Sweetwater Union High 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-2005-12, dated 11/9/2005. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. 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. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 4. All wiring and cables between the underground equipment shelter and antennas, and any associated communications or wiring junction boxes shall be placed within the underground equipment shelter. 5. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Exterior walls of poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 9. 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 applicant and to the City Council. with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 10. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the 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 19, 2005, by the following vote: AYES: Carrillo, Pruitt, Alvarado, Baca, Flores, Martinelli, Reynolds NAYS: ABSENT: Graham ABSTAIN: ��t"9wo—V�Uu� CHAIRWOMAN CITY BOUNDARY Approximate location of proposed facility SWEEWATER UNION HIGH SCHOOL ZONE BOUNDARY MO MO MO NA LOCATION MAP CUP-2005-12 Conditional Use Permit for a Wireless Communications Facility on Sweetwater Union High School Property at 2900 Highland Avenue NATIONAL CITY PLANNING 14 DRN. DATE: 10/4/05 INITIAL HEARING: 10/17/05 017-01 weetwater High School 2900 Highland Ave. National City, CA 91950 Xcingular WIREL i Proposed antennas and covered TMA units mounted to replacement Tight standard with relocated light fixture P "•Po a eco »mun'ea this s e • VP- zinfgri 017-01 Sweetwater High School 2900 Highland Ave. National City, CA 91950 cinguRlai NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO: CUP-2005-12 DATE: 11/9/2005 SPECIAL INSPECTIONS [plum ..urww 61x .El CooETE Nn44m_FEN51910 SPAS sYuE R16CRw0 STEEL MO PN_n41E59w' 51EEE j.flO IFS DOODLE 1101E -asmlw nEn nip xwNu w eE111P wc9.sup 2 SmmxxAL 1w5wn` c Aft lD C19241u ^v .NflE 2,9494.242 42 APiuEO nefMtoM6 MP F04.0tps (Rwc. vu,V [ upsr, : :219669 h6 001p445 pE S.219491.2112 se, nuoanon Liu.. Snip to 113 M(PSEON [m [WPpCN2 RA PMTS. uom 01 R10105 E6nm. WA. 24296 T1. P Rm.laeo-'now P1f"RR rwa.'mrs. 4- 213E 42292 0M oE. Ep10,N 0.1pry6 91E 9'. CCMIdI SRRY ID os �LRON1 OON_w5icon. mn 11E,avv. .ID 001 Cf IRON OF MPEctax RgrtEO. 2.1992 AMASS. X cingula'r WIRELESS SWEETWATER HIGH SCHOOL 2900 HIGHLAND AVENUE NATIONAL CITY, CALIFORNIA 91950 SS-017-01 CONSULTANT TEAM GUESTS REPRESENTATIVE: 4RLLY RE108711 393 STATE PUCE Mien, G 92029 PNo:E: 15191 :R8-.6e5 pan 735_6913 ARCHITECT: ARA 3 Au Auoin PLAZA NOE: 133 NEWPORT 9FNx. Glvoexu 9xss0 PHONE: (9491 790-392A FAF 0491060-3931 CONTACT: AFT ROUE LAND SURVEYOR: GERM wZE 6 AS20.0241E0 190 uACORYCN AVENUE 529124 103 COSTA uESAG 6 NE 716-S37-156> PHONE $1557-1568 CNI/CI:0dT HKE PROJECT SUMMARY APPLICANT: OWNER: CNCUUR NFR0E55 6 CS OMeauCAm 04E00. CWMM 92121 SWEETWATER union 9(lu0 orlma ' :E CCN,MI: m pMx uFM AlfN:q NS, GyFtlWN PHONE, 619-5R5-4440 PROJECT RSCRPICN/SCCPE 22.2444 40.193 PROPOSES N CONS11NCT. OPERATE MO 10.00,01 AP NWRt5 2MREESSS CCYURR1CA10555 AREA, m6 F.1R( WE6 CONSIST OF n6 EOLLOP.nc. • (l) Ml214902 Noun. (N) 6) -0' U011t stmts. t0 REPLACE TO • (n) 11'-0135cuSTCY emu E0MUM Ev.WG0. • RUNS FOR 1E6 V. CEPP0Mo EIECSNICSETME -0200 000 uu 11EOVRE2 PUU11S/APPROVALS ME PCVv19,16 MO eull.0 OTHER 0x-2,10 MECu ...PIES : NONE PROJECT AUGS35: 29190 xIGYANO 4.41492 WI.. CPS. LA rum ASSESIDRS PMCa Tulip >w-mi-TO Ci61N6 Toni. 00/05 W SIIMCNN OPEN SPACE MOPE..5[o PRa001 N6A N6M .(O ME PF CONSquC., sxz sF PROPOSED CCOUPMOI: 2161940 TYPE OF CM'STROCTIOS. 0951196 OCCUPANCY. IRE 1 wmisoENm: E-1 LT",DES[IOP1M1: PPE or x2rp11W are LOS 010no 12 Ai. Solo 192 OF RM010 RE LA 14.4.21N. wN501 Ph. scum C7 5AN OEM. STATE Or of i➢NM AC'wR0x5 to PAP itfie. ATEA in [ Una M CCUMY RTCROG Or Si Lei, [PAM 1NE G51 w FEET MD PE NEST 20 TM TERE«. N50 EXCEPT NAr PORTION CgMY[D 60 ME C OF w110N0 CRT CV ROP0S 090 )JOLT COUNTY.BOY DEEM 63 O° 0EE [XOCP0Iw MG[ MON Ti u0Dil NONE cR NA.uF.CTOPIO N04151x0 WR AND APPAITE NCEsi r MY. COCV[D ON S. IMD. HATO. OF LOTS 11. 12. 13 6 T6 OF PMCNO OE U NYRM. N DE RELO70Eo 03 wP ei in 1FE or ye, 0' 100 <ounn u0W W°O[R4OF SA6 couNre.. SHEET INDEX T-1 ME SFEt A-0 mE Pun A 1 MST MET PAW.. NOW. GYWr K aN1FXw 1.10.MM CE6E A-9 EINITMK A-J MALE C-1 IWO0RW*C SVfiEY-TOO PERMNCE OnlY 0-2 72M0A%C sinsY-FOR R570230[F ONLT OPERATING FREQUENCY 0FR11M ANTONS m4/9P1 RMEd 6E4-1180 w:. CFb0IR 49111,4112.5 RECD. 9E191E2N 1N5-1990 WR. ON]FAR MipNS rvMp LiET NOD TAUPE W. APPLICABLE CODES ALL 140111X 9Wtl CPYy MITI TE roman. APRCMIE C076'. CYFNOM MOM CODE. 2001 MOON 0IUPC 0A.NO co% I997 COM. OfO1N I0Ep1Y.GL C. > MOON ° 1W UNWORN EIECTNCP. 19N EpICN THE EVENT OF on1R. M WST A 11000 rE poi 9wA (VAC ACCESSIBILITY DISCLAIMER � NIdER 1E M VKKCIFRO "REIM 16 1E1.11YY1NN'AIY15 MONT CCPTNC TO MORN ellERNETA..N FR. M b511 00 21.051 (M OF TE SATE AR261EQ. 6 MYR MON a5MEED KCE4 REPMpMIS SCALE NE CMNC .LES 9110.01 N MS SR HW@N[ 1NF CtlNER SGE 0EY NNEN 1043E DWN.IIWS M[ PAINTED n 24-46- FMNT. S MS 061WNO SET 5 NOT 241360 TK US191C7 TO SG[E. NNIq Moeda.. 9N*461.,..1_.RM..N. S T. 2..6919 00 . Sr.. Ib *729 R..N, MM1MO PM. 169 10249E Fn Sy 760-3351 PROPRIETARY INFORPATlON THE 94F0140l C011,M4120 Y T6 sET s SGR2R2TJ1x oo 7*04)0 6 MRf. Ml 95 W51.1RL µr ME 6R 19:5E00SIRE OM ER MAN 1.111TOM515 RELATES TO M.VM tS MC,' PREFORM . a Ci1RN 6 n, . PREPARED FOR X cingular NRRE0E55 692519999_.... Sm 49a. Canino 921E1 APPROVALS CMSIRIKRW SITE Ap]YIApN MPROIA Marc, TUNE SWEETWATER HIGH SCHOOL 0062.1 MASER SS-017-01-P8 nos wAw AVERSE wlaw Cn. Gaemw 91190 Sw OFyp COUNTY UMMC GIES 03/07/35 21 (0 040 ZOY (P1) 64SE/N IDY RENE91 (P7) 04/11/0T m'S Ia5(P3, N/IR/09 � ZO02 omm00 vm� ANIFWU. ..Nor P)6) 049 a N/N/m .N2N*N 0RNa un /01/03 REVISED 045 (E) SHEET MIS TITLE SHEET T-1 OI?L_ PL4N KEYNOTF$ SCHOOL SOLOING 0 0LLC E) C:WS 1A4 Rx¢. - E) O00Em.4 CwmS. E] E£OWGL (12CLOSL'I01 \ 1R 'W 6J'-o'M Sw:OO JEM SirvplA� `� 0 NCVGE (11. SFL Sxc2T 1-1. \ l\` IMOEPCFO� o EQUIPMENT 001 500 .D W I,DE 3.µP.PR. nNET R. (s,. )\ I. U1Eu0r. 111 1A0 E-1. ) ) Ss SMACKS EAOMi 0E - 5. 159E= I. 1t0P 5 NOTES: 30E COMFX"I010 IO CMl 91C K (1-EO0 227-210 i 1cArEMEm u10 ALL .RLEAc L Lmcs _ a 2 Al Gm05 00 PE INSPu1Fn M[ u A 00 E IF; PwANL s ES .: .ETR a:AE +SE. OL OP, Sc LOA ca1E 1E2012 CO. 32E OP C0.. 90 ,/a MO 90 , 31 SZR61 3pSN SITE PLAN (1 SCALE. b, oi) 1 GENERAL SPECIFICATIONS E. M WIN 611I:011 Or M 3& ft MM. V ANOIRICTS ROE. .01 NOOK CIYIY¢ OF M M M. MA CPIP11ICT0(C'YE lGlim N DEM 96PC.¢Y2 AS K 0.44106Y @MO:® IOB4 2. L1kWf f9LI td&m M15I(GU0011s. 91i MO 6 x �TIE SO05Y1 1a K SON TN IAVRK]d6 P'm11GMIIL MSC ENE w wc.0 6..9NxE INTmxT MTN NL 1E10 aFAG1i.110 .O. sown*. es OLD MAT12 Lwcw CE A 01.9ER 000AM. R0010 re6w A06014. MM . SOLD Aire MOM PASS. Oi C.RSRYMO6 Of TYM. M ODE .MM MP..TIw A1Nl W WTlx ROM wwMAi IMMO T,C USS ETTRE w ®v OMATS 4.4TRAiOrt STOAL x6U[ML uME WSTY OR COMM FM A: M Do, ARUM M'LY OREM OT..ASE fA MC... COSTS NO TM O00*3 WVCFM1 uO NOOLC 44.09 E u31N0 DO SO.. R40.94MAT. Kn.. CORRECT EA {POOFIS TMi FDA 44.4. COSTS M.1:Y® TO D.A. DwL 1. m Rmry N. TEN OOA.] ANL seOa0 N BE1. ▪ SC. me MAT.O081LW3 NA0[ Mf(1400. OETO.OI 94.21 SW ORA.. C08M131 9VIL 0EZ ACC.. OF A. w ENAaE IN RE RJD. LNEM 9E0 CALLT NCROSM NTT RW R.00 u12225. M RP.2.2 0.22.22.222011 M pLA1:C14 OL:OSOIS N0 4p 'TNIO LYISf .W1:YL 3....ACM .OMK4S IIO I..HOL NM*' R *ROE M Wm ...TM 01 WI. OS MY OP.M.1S. E 004441.CSOR SNNL N01R DE 3CA10 OAOS NRIO'INM 10.NO404 M moron OM ER AIO M A&xECT f NB C.O. ME RMOOET LPMe11CAL IWVIML wRNC NOT WAI6K. p: Wi w1:44I omowE TRIOS T Lrcc r.Or ¢ rOIO&R. 0 mi. AC R90N0 TM TOMW ME.. 10 MY Off. wECi NO w1OOL0 m SOM M DO RCS. oF1 a:C610a W9 wtlir.TRAT BC m SAT MO lmuaw . A9WL a1 41.0® 80 O AS PM Of110M 0 DONI. ,. L,01.O L1O11'413 .M Lowma m c 0444I mm TwoN O 9VMERO Sm. IR . OTNCMX. *MET M w440 Tv M A/115. M mEAC101I 000LS30b1113 ip W6T NO M LPOLM1CC ID TUT IIi/1CwTM BE 11.0E WRAF A0V' vR11 M NOt. T. Coons.. RWL'M1M" ALL TIPCE 3 0NO E02A:0. s UwR vttMUmxS rtMM:wrE. 3mNIATw .0 A. 10u3ww' wm ce.A..m1E COM084M .I1 rn1C01 STm'1 TOBLwLOO TIR1. M¢OWCTIA 9WL 6t 161319*. FOR COERUTK 16 TM TEEM M.S.OYb3 STE16. 010(0* 3 0Ofb0 dM FOR YOI*S. TIE0E44 Naar.INr. CC161MICO]. W:w NST O NOO9uLL 1C ROIfd 0. CWxM 61.1101 WRAC M LOK1R N1RAO m01 M wO3:C ML m111wnm 9.4 aRNI .ro n. (2 POeni. 201¢2 No 10_ .6n11N:M MEwa..w mN 1En1u1N.Ax R M 1MER w0 NDIOE 11105E N M COO EN MWWU N O:IC.S.N I::RILE 1A:c*M 901E 1MNw m c DRE0aw wN 0E n MWAOwNIRTCIOPS ¢I Ay3Yy .2. 30 0 100 M air[ F. 9WL S'1P6L 6MON I111OR :190 :1¢ Rsi Lam w 209wm1 :E 9w1 s6as@0I .1E¢1 FRT au@va1R�L1.T.1 44..1 IO»as RTOMEMES PROD OR. FAO M FOR m¢mN+T31C u 11. TOIW1W51i 1160u0OR Lou S Or M 013S WANE OE OE *ENE* ST•E OS mVED.in MINE, nCNSI mW PMcna: 222. Nv..< w 1101 .Esoo lml rLrE'.RTM.. ILTOT RmM EMESS W. *MS TOM. NM 600 *IN* L 00110 .2062 6,60 uOM.WT comam *nun* 690 LYA1[11E COeuZ Omc mr IMI NAELMN- MNEM PON UM 410 *S10t .w TM.19O AO. M.m0511 S3. u0. O -lax 1]..¢1NL NL L01.10019m 4111EAw2 PM T. U10T MR01.t M 91.911:F1cMR'3 0O1.4064 'JOEi TO¢ MSEM amFixV NORRT. CP w(L WW1 0001 OR po2Mu¢ T. 1. M POn.CT.11 SNILMA0.. 6cMU.0 110 mzKL ALL NEWS. sauel0, rw+O. MAID .11wu0 at OD. 00115 03 Au n316 rt1R.10 M 9uE 10. M GLLYIu NO AEA 7109.6310E 9.9200. Cwf 0S w0 • Cwrtv tlm y.2222 NL OTL3. 2.92.222.2 10* OO me Rpvw-a w w3L As sNE *mu* R *NT, Mttwlm6 ANT ONISE. s .wsRw s.mT (real 1EREOEx1S. wu6. 209 9aLL *EN M Poop* 0990N, No ww.w 16. ICl0) PPLENI CROY 10113 TWA OT rca0 001611 .'11M wE Ow00 i0 MA uO CCM* NM* CRSIMMION RMCWO. Wd`1'✓.10. OER. OON¢. tl1 MOM*. OfOS6i OO.11 SBW 11E Eprtfl1Y RAE. M XTR.miW NMEENT.r(. O M LO'f1Y R M O1TK16L IT. M NBMCTR19w1 BC MEI.M¢4L EM NO se. T OR NUM NO P.W1, MRO. Oe .LE10% W10Mls CO wrowL9ewNO or* AT. 91N1 NV. TA.REEw MI�OEASMRMA TO co... or TIE ROW G.IRW 10.11 DULL R M R9CME.11Y R M OOOw ..A.FOR TO RNS AY 9*061MTIRq T 00*OoorefiCT0 w gI1TM A6JLY TO CLx.IF NL MT. MEDEA S.. 14.04ww..M. TO PNRER TEN TTW oNUOE. M CORMROI TNL OW ALL oNw3ES so, M R+NM w R 0(0 e. 09 mro,5 pmwm, Nu00F0 N Qm*MOON n.M COMPLETE *MN RMME 4E wt. INCM. 6E 11ESC NO WIC TM a, ¢ COMMENDNTIMM M O ALCIATOT a ..mm4.5. J I= MM. Ranh • Amookrim. RR. 0..p s1y6 Ci*1Me \s0W Nam: No) 160-39211 R Y iw-JNI PROPRIETARY IHFORIIAIIO$ M WM. . NITOET Rd TO SET OF 00411RUCT*1 TaOYH15 Z OR 0T005JY 0TM TMV TNi IM01 REAMS 10 ON . LOF365 ¢ SITRA,Y .0. PRNET RM X cingular WIRELESS 6323 so. 0*. Callao,' 92111 PAPRCOMS mTSTROCIOI yE LC0.91v WECT MAZE SWEETWATER HIGH SCHOOL P1m0.Pwc11 . SS-017-01-Pa MOVE .00 0Ny Dry, VILOMm 811150 sow 0EW Cwxtt [MR. MI6 01ro1/m P4D11 0514 w1W (P1) O 3/2.2/05 ms a5t0 OL) /os/ms rt40T R» w/:E/w PONE(0*) O 1/11M ,10)IIE1113 (PSI mw ,021E1Us0 POM ((r) 11 /01/05 RAFR LILY OM) SEE TM SITE PLAN A-0 vs� nanco: n/a /m • Lw to, LEASE AREA //NOTES o • saxgR�,A€xo S Sz..G a cDa i�Gr .0DM (E) clwn uxx rF,lce. lxuu`wl.+o DVEiI� wnc"-CO."`Geis =xawo U10 01 0E1002700. R NfJ IEILO Fw= NgZ ia�xE:lr'v uL51 1�11 awtLRwxn v.rc". e0,15Zr "REMlE (E) L1w'njs 1 o c,, 01E:2cwwu �y11 M1Eo.11 SZ11"u1ELV "s Z,N .¢ccTN N.1cx PROP.., DOE. CODDREIE SIXwuw cr,In, RS,aDrIDU COIER ) 1FEE ID PLwIER. OCCX rvo -s Sae.D X •CRIDD -L%IERIOR 5 x of, cooscorc. Exou P (1-s0R. nr-xs0Dl 10 Dr.1E uR 500 .DL 0ERLRw 0 OIILrt0S M. TO im ExG 00000. Z. All E SPACES VSEI E 00 01 6t TIE NEMM u5E m. DO (E) PWNxc ADZE 1u Wu, GB, SC DUCE SCC1C0 3006:x coAx CABLE .ENGr. CO. WC J Of COAX ISCD DO 1/x C s,0 LEASE AREA PLAN SCALE' JNfq Rem. t M.oWlr, 1ae. Ia.*. uslsDil. 5 yn 5eeyi'. Maw SUE, IS 11tORD, tsleNeRD.NlU ff. 1.5F0 nnooyi551i PROPRIETARY INFORMATION ne .xw0ATR. m. Anm SET of mxSlwCllm oocurtri$ IS mare nr. m wrwc MR tat 05 Rs0511555001Tim DDT 0» *LEDs ROAR, 11�p11n4mA MRrwe, FOR X cingular WIRELESS ES25 wn Pa4mC S. R.qo. Coffers. Rltl AR16VA15 WVS1FICiKw 505 Kgx1DG D.IwIwlD.r .RDIECI NA. SWEETWATER HIGH SCHOOL ra1Ea 15Ae5n SS —DI 7-01—P8 1.R..,ID .oue MATO.. PR. GtiMY 11530 Zw REUI N.xR G tY MED 03/0I/05 DREuu ]OS ARMED (.I) 05/25/05 mY T4M DP ) 0,/05/D5 NDY'S IZ5 S) ro5) 07/01/35 f15. @WI0TI 0.5) De/m/Os .II15Nx. DoNGT mL) D0/ 5/05 Axrtxlu aomE M1 wl/0s REMsm 205 (P5) 9[£T Tait LEASE AREA PLAN, ANTENNA LAYOUT & ANTENNA MOUNTING DETAIL A-1 WOVE • 1me w, of > FAST F I FVATION KEYNOTE, WO To n[PUCE (EI. NIEO To IN) NT n.No EnEla w _ 2V u�FAGXOV 0 EUV14uFPwE vuu! �ry� �Bb.4:KWM IctEsz"orzo'suPuolm LEss u.,r... I.O. (N; cw u:NovoLE ac" w auu1 SECTOR "A" (0') ipI( n PP0E1 .Inrar01 (s IER ECTge), OUNRO Oft ("I T lµ0.w0 SECTOR "8" (120') (x) IIOT 00 PAWL . (I PEN ECTOR). u0)TN1E0 aN MI OPT SI40000D NORTH FI EVATION KEYNOTES (E) sLENwE15. 1 50-0' LIGHT STUI0.a0 ro a0P40E (E). ( l0 .. PC... To ix) n) ru .PPa04E3 .000 SEAmn. I1*0 UOUO SEESMET0°]0 FIEF IWwmO-Em ." SECTOR "A" (0') (q 1l21 n P.wa.0r0004. 0 Pm 6001oR), 000.110, 00 {012.0 Sr01000 SECTOR "8" (120') (uISI% .0 P001.0000e0S, (I PER ttwl. ua 5101Co ()() Ault TY10(Ta0 EAST ELEVATION WEST ELEVATION KEYNOTES SCALE' ®. 3 NORTH ELEVATION SCALE: -_J 1/16'ar-a• O® . 1 (0) arruaEPS (N) 65'-a' (IL, 5Tu+av® to 4E)1KE (E). ( nt o=ncs Rrunul0Eo To (.:) ::IVNo u srsroavuu-. ff1 55NEi0 .-5. ROPos c.+ cNnu'u n °Emcv. No 4 n=o5eN E) C N )N/ FENCE. 4 .0. (N) cn u0.w?o0E OLIO 5=a+OWO T.O. (N) ow P.NE_.a1E•Nrs SECTOR 'A" (0) ON sCCon, uEcx n. O((MV MI STN.OwO. SE L CrN¢o ix 000. 0 PEP o SOUTH ELEVATION KEYNOTES EI SLvclxNs ) 6l-0' ucwr STAKMIP T RE0V0E (CJ [E) ).10,(SORES *Nano. l0 (H) ru µT.I0)(E0 1YM14 a0/C01. i s o: , ...77i! FWIZA VULT IIOO °I`wa01NEuoulo rwTm. OPLCEs5N14To GfE TOI5V0l01N 0 (E) L1101 Slw.lwa0. SECTOR "C" 240') MI I IEi a P 0 Pw SEttMt...(oltO a 00 uMr srw9440 SECTOR "B" (120') ¢)C,,rt h. Purt00T l ENNRS. 0 PP ). 000000 al IN) 0001.50.0. WEST ELEVATION SCALE: 1/16'=1' 0" I4 SOUTH ELEVATION -LE, ® -O'I 2 0 8' IC J RA J.11roy Rom. L Mode., SO. SS .401.06. 000 WO M 0.4.0 Md:, oalw* I1M RNaN (fM im-ab PROPRMTY(Y INFORMATION iE➢.aun c00 2 w 016 2T OM F ocrisssucwax o0LWolls ,5 NI0PMETM, eV 0.1. N1r 125E d1 1 1o*IPF 04N UMx TMMP s.CriRVTaicOO 1pxc0 Paa X cingular WIRELESS 50,° �:,0�a,ITI =aw OSISIMKMN slR .0.011 a rn2N .-PRw.L PRC ECT Kw( SWEETWATER HIGH SCHOOL P1mlEcr w14fR SS-017-01-P8 Iu1wL2"'CAT. rxawlw. 54s50 5W IYEW CPMr (5/m/m Oanv0S asi�um /u/m W/ 9/os 0a/6I/05 1100/m ammo nese. (PI) 0ars00 xvI Rs) so'*051R+1 .J 010 soy (P Orr I.TYOEms 0.31 wlmn CNA. (PO) Romeo m's Tel S0ET TIRE ELEVATIONS A-2 ANTENNA MOUNT 7 TMA DETAIL' 4 TMA DETAIL I,IwwL—) VC. • !/1 lore uaw 61(uh.gYO, . %010.J.E [V uaf110 r. u40 P41000 wmu :mwttsl OTT) TOT m to sin OM Tr.. rot unr Lai s.a.o NOT USED 8 TMA DETAIL .! w2Snrs On wcm (2 m.22 mom moo +'• ww� snn rrt vm, VC' ONIATT uwrs2 sx0 wn w ...Loma 5 I� !I OI 3 fq mwo[ ors nor 00'R'i.OTT M u. we nu un Oat IEA1909 TO cwum lam TO war ono w. un N) Loft POI 571O1,0 NOT USED 9 ANTENNA MOUNT 6 TMA MOUNT t�A Jet Trey Rome k Ava.MMR Inc. uw.eM. A 1•I.e.wl.Rw. l Ow la.. Nora LII.15 NwpM y s Mb QMGAIT Inw.; (n�Il if0-lnn w-m1 PROPRIETARY INFORMATION TC NfUYxlgx 4 t0Efl N M Ri rt CG 17077101 000 80/7S is nwa0.000 n ro.1)0 V£ M 01 0AXF MIER TOM OM w.wl 000 TO Mi NI ..moss rs mu:n. rOoalm. TRE.mEo .on X cingular WIRELESS OM L. Pow.vV b, LuO.. C...SSIn ATTRovoo of. 0.7 P90200 5W+( SWEETWATER NIGH SCHOOL fotootor SS-017-01—PB 7900 wsur u orc. urwru riw0 ore o2w (0.rc Oa.. nWES 07ro7/o5 MEW zoz OCT. (PV osn:/0s 105 12MEV (P7) 04/05/os 20'S m0 (P5) 05/16p7 ww m'S (w) 07/11/05 Oro O...2 TOS) 011/05/05 wun. ouwc roc? 0S/0/m Anon. 0500 (Pis i/01ro= owner IIfS (PP) SNOT, .1 DETAILS A-3 woje- / EGENO 9D Boo.% Bx BcG lc Leo Or yxL SR SIM \ \ BN V,f„,, , 014 BORCR \ \\ oP TLLill POOL $LL 5(S Pa - YwPEM10PW1 poi Y0RNYh0.E T ES Po. LP. 90000E MWLTT qM?L. \ \ PP' HELM[ M1Y 00 ORIC+S R ON aon wan. \ A cc A9xuT 0IC0i10 _ LR.L. uxf OEna TP cc,OLE R C41TET[ --� TOP or R10- aRTOF0*t ® uP W W I PO M NOLO MN.. R = vacx eof L. PIELO utM rvH Ntt1R.w' L. E1lcop u01ci- n Poo rtLco uCPA. —o— *OW, wa rtwt Ts v 6 mnR DP WO POR. LOT 14 ^ COORDINATES: Q, �Q 1 • WO CONLIMMOIsR MfOOMal MLI BENCH MARN: urns oM alol I( 11 OR WOOWA MOO. OrNM r IMM N .t AR '5U ar e M 1r MOO WOW. a OAR. en NET ANAL OIMRI MOS OF SOWINGS: OM ON OR TO COMMCOMMOLO OW MO ICON MOW OOL ANI.IMM O. 1MO OMM a Mt�L OMO OMM6 II M1OCMPR M®'41pge 113LE REPORT IDENTIFICATION: / `\ wp•Orn WOW VOL AREA sae AOM WR OMem wwn /Pen DATE OF SURVEY: Mal. Mt NIOR OM N!I OWN* MO Ai Of MINN II MIL 1 r ASSESSOR'S IDENITCATION: \al ®1 calmOWL ls-NIN1 * NR 1Y-n EASEMENT NOTES: i \ MILL r e. NM MOM NC NO IMCIMO' MOMaskyn NOIMNOIM OM MIN MOM M SR sea L R OOMML 011111 10 MOOT A PORN O OD IMO NT \ Of 0110. MOM 001101.10 Inn SOM WW1 .--"-. 1 R OOONOL 11110110 MOOR AMOwN O WOW AR \ \ Ka MOW MO Me/ 10111•If MOM WORM MOW 2L I. AR MOON Ol 1.01 W WOOL IWL TOMO= ORO BON SOW)o, 1 OW Of VI LRfM1010 CMM SMOOM A 55— .MA Min ROR OM IOW iWLI OIL IOW Of$iE. Z\ ((�LiM MMOwt CMM la MOM II RMMR O w W fO \ C.1 O YOOMOMD na 10 a Mw M NO OM.MMMr \ 1- \ MOO IMMO V. 1m NIMNMO• a M.V. OIR POR. LOT 12 MfOML IL A mow 1M a MO I MMOM MO MOO Rp Z. \ MOM INCOON1•1111100 AR TOMO 10 MN MO OM MO 10. O -1M•M Of OWL MOM OM NCIrOIL IICI j — /l 7 \ L R MM1MR a MM MR MMMOC•D M.O IMLM MO NOON MOM TOM R Ow ROMI BOA Na O61M DOME.O®MOM MOM.iM RIan. NM MN-011O.1 O ORMI lam OM MIME E MCI =Oa 0 MOB M ON NOM MEN RANCHO DE LA NACION MAP 166 LEGY 0ESCRPION: WM 11 NO IL I OOM MOOR 1a O MOO M IA IMSIL M Tn ID MO WOOL IiMn mi� W to Car=MOMO WOOS MOT K OM All O ON 1C V O Mr 1iMt. MO — M NMa COMM OM Of I Ma m Of also ROOM •a L IRO MOW IM. WOK WEAL ZOOM Of In BOW CON 111eIC NMI In IOU r aNOR 1010010LOO V MAIROIMO AMMOIMOD. flan O1. II. t1. Y N1IO Nolo et Li an MTL Rry MOON l• el In00. COMO Al MR WOE IN Tan MOW OF WO Cain YR SEE SHEET C-2 FOR SITE DETAILS J RA MIM Ma9 A ale . W. oaaa POW E9.911E0-9979 E.. TOM 1E0-3131 PROPRIETARY INFORMATION TO O 0m16im .TOROPCOCOS T 15 N PROPP IA! 5, w1UPE. LOSE an mORE DOOR OUT M WFCiELUTES to 0010VLM SS 6 STMCRr PROMOTE. POPARCO WWI.I • BERT at. MA 0. ) 95RYEYING k MAPPING OOP PREPARED FOR cingular WIRP PCS WOSOT COMERS.. CWM SM. 0£40. CO 92121 PT ccT9mucrax SITE .CGRSIIPI Do../PRO', MOOT TOME SWEETWATER HIGH SCHOOL PROJECT xuMOER SS-017-01 MP RMa.TT olOOL PLO CA 919S0 DRAM* DOES 1/16/C5 TRO R0IW P� Ted TOT la 1I1,/05 M®5 nE M. SNER TOLE TOPOGRAPHIC SURVEY fELO LMR C-1 TOP 0 PO,. 70 RS, y taa N . eV (A G.L) 0,71 0tt l!, COrOF 1W L.P. OZ. (AGL( OiIV Elvlii •� ARM. OP OOTO U .(. r!' (A4L) ra 9O11g1 S'(WOO :OTrOM OF CA.. 77' (As L.) LfSala 9O MU. M e.IX rt RP 2P ORO SR SRP 0w MO( OF W. B1Y 001-24L UP NNY PDX SCO Y04M CLEAN OUT M IME MAW 9M 2YERNMNCLE 017 MV10111FX2 VI, mo..RT MI WI HN rS M940 WNW. _ W 0040101E P00 ®Y 0ECIMC 00. ® 0IX0, 99LL •C A9NKr=CROY FIDGOF MCKIE —o— MNN 19 101 IIKK IOQ Tr 1W OF WU CENTEaM BB wan-75111. 0 Fox. Y.JR1Y[IIT uP uNtt PO Lr LIGIr - POOP W -78E N.1 IM uwtOw WOW wit.. WM xKM.MT W. uMIAE 8—ClO pE — w O11.1(MI Ff. 11 rc PP Of COME 0001 SEE SHEET C-1 FOR TITLE AND BOUNDARY INFO NO, — k 1vMYb. is AN.... a 4x.w...w...5.. 3 Wm J., Iw. rw. 1$ yq.*l F.i. C41.N. S38M 7w-3m )w-3u, PROPRIETARY INfORNAll0N T.( MIdNARM mM rx 3E1 OF C*16I7001014 WCWNIR 6 4 ppP.FAI, 91 %MIME. .M USE OPO521'nut OMER Mu. ut 1Cx KNITS 10 CANE12TM P.M. rs 51.CTLr PaOMNEA BRIM EASE MOIR LAND WINDING kLOWNG rmnia, cNSNR.A 9.M aotara }C angular WIRFI 0CS sc08Eres701 [VAT n+ oMC C s,Lx o. a wm FDPRo+us 2w8✓. FORSIRKROF SOF .CM9TOu OM ER MwY.w PR.C1 RMK SWEETWATER HIGH SCHOOL FPOJECI iwaER SS-017-01 AM :.PM1UC M .n014 OM CA 9:950 5u: PECO COP., puw.6 WTES 2n6/05 arM11000 4 RI2 MY M z/zR/m 1us3 MI Me. 9R WEFT MC TOPOGRAPHIC SURVEY rcm owT C-2 / W/O) • II. w AMMO c City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2005 AGENDA ITEM NO. 24 ITEM TITLE Notice of Decision — Planning Commission Approval of a Modification of a Planned Developmen` Permit and Finding of No Significant Environmental Effect for the expansion of Plaza Bonita Shopping Center, including the addition of approximately 160,000 square feet of gross leaseable space. (Applicant: Westfield Corporation, Inc.) (Case File No. M4-PD-1997-4 / IS-2005-3) PREPARED BY Angela Reedel`, 336-4310 DEPARTMENT Planning EXPLANATION See attached Background Information. Environmental Review N/A Mitigated Negative Declaration Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Modification of the Planned Development Permit. Ayes: Reynolds, Martinelli, Flores, Baca, Alvarado, Carrillo, Pruitt. Absent: Graham ATTACHMENTS ( Listed Below) Resolution No. 1. Explanation/Background Information 2. Planning Commission Resolution No. 40-2005 3. Location Map 4. Reduced site plan, elevations, details A-200 (9/99) Notice of Decision Plaza Bonita Shopping Center Expansion (M4-PD-1997-4 / IS-2005-3) January 17, 2006 BACKGROUND The proposed project location, Plaza Bonita mall, is situated in the southeast portion of National City, near the San Diego County community of Bonita and the City of Chula Vista. The 70-acre mall site is relatively flat and bound by Sweetwater Road to the north, by Plaza Bonita Road to the west and south, and by a hillside with single-family lots within the County of San Diego to the east. The entire site is zoned CSC-PD (Commercial Shopping Center -Planned Development). Plaza Bonita was originally permitted in 1979. Almost 20 years later, in 1998, the Planning Commission approved a Planned Development Permit (PD) to allow for an approximately 160,000 square foot expansion of the shopping center, which included construction of a multiplex theater, additional retail space, and a detached garden center. Since that time, the applicant has been granted seven one-year time extensions, the first in 1999 and the most recent in April 2005. The most recent extension was granted with the understanding that the applicant was processing both a Modification of the approved PD, to better fit their current needs for the site, and the associated environmental documents. The current proposed project is a modification of the previously approved entitlement from 1998. The project will result in a net increase of approximately 160,000 square feet of gross leaseable area (GLA) to the existing shopping center, for a total of roughly 980,900 square feet. While the current plans include a reconfiguration of the original expansion, an increase in the overall building footprint, and additional parking, there is no increase in square footage above what was previously approved by the City. The project will result in the removal of an existing two-story anchor store at the south end of the mall (Wards building), removal of a portion of the JC Penney building, and reconfiguration of surface parking lots on the southern portion of the site. In place of the anchor store, the applicant proposes to construct two -levels of retail space for small shops and restaurants, a mini -anchor (i.e. large bookstore), a new, single -story anchor, and a multi -screen theater above the new anchor. A small pad building is proposed on the northwest corner of the site near Outback Steakhouse. The project also includes a two -level parking structure with a space dedicated for a Community Policing Center on the east side of the mall, and additional site landscaping. The increase in the overall building footprint resulting from the expansion occurs within areas currently used as surface parking for the mall. This project is subject to the Califomia Environmental Quality Act (CEQA). Based on the review of the project impacts and potential cumulative impacts, a Mitigated Negative Declaration (IS-2005-3) was prepared for the project. The City received three comment letters on it, one each from the City of Chula Vista, David Evans & Associates (DEA), and the applicant. The comments were considered by staff and determined to not require additional analysis or modification of the MND. Response letters were prepared for each agency addressing their comments. The Planning Commission held hearings on this item on December 19, 2005, where the applicant answered questions regarding the police substation, impact on neighboring homes, and language regarding mitigation cost -sharing. The Planning Commission voted to approve the Modification of the Planned Development Permit and adopt the associated Mitigated Negative Declaration, finding that the site is suitable for the proposed expansion, that the expansion would not have an adverse impact on adjacent or abutting properties, and that the project will provide new retail opportunities for the residents of the City, as well as revitalize a vacant portion of an existing shopping center, and update the existing center through high quality design. RESOLUTION NO. 40-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING MODIFICATION OF A PLANNED DEVELOPMENT PERMIT AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE EXPANSION OF THE PLAZA BONITA SHOPPING CENTER, INCLUDING THE ADDITION OF APPROXIMATELY 160,000 SQUARE FEET OF GROSS LEASEABLE SPACE APPLICANT: WESTFIELD CORPORATION CASE FILE NO. M4-PD-1997-4/IS-2005-3 WHEREAS, the Planning Commission of the City of National City considered Modification of a Planned Development Permit for the expansion of the Plaza Bonita Shopping Center, including the addition of approximately 160,000 square feet of gross leaseable space at a duly advertised public hearing held on December 19, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. M4-PD-1997-4/IS-2005-3 which is maintained by the City and incorporated herein by reference; along 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 December 19, 2005, support the following findings: FINDINGS FOR APPROVAL OF MODIFICATION OF A PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 70-acre property can accommodate the development of an additional 160,000 square feet at the existing regional shopping center without exceeding maximum lot coverage allowed per the Land Use Code, and also provide the necessary parking and landscaping per Land Use Code requirements. 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 a Traffic Study prepared for the project indicated that nearby local residential streets within the study area and the major collector (Plaza Bonita Road) all have sufficient capacity to handle the additional trips caused by the project, as well as cumulative impacts resulting from an adjacent proposed project with mitigation, and without suffering a significant decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the design regulations of the CSC Zone, and since the project includes additional conditions (i.e. landscaping, setbacks, loading dock positioning, screening of mechanical equipment) designed to protect the established single-family neighborhood to the east from activity at the project site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new retail opportunities for the residents of the City, as well as revitalize a vacant portion of an existing shopping center, and update the existing center through high quality design. FINDINGS FOR APPROVAL OF MITIGATED NEGATIVE DECLARATION 1. That the Mitigated Negative Declaration (IS-2005-3) has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, proposed mitigation measures which avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and any comments received, there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis. FINDINGS FOR APPROVAL OF AN EXCEPTION FOR A RETAINING WALL TO EXCEED HEIGHT LIMITS Granting of the requested exception is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the proposed commercial development is consistent with the uses and density allowed in the Commercial Shopping Center (CSC) Zone, since the General Plan encourages the creation and expansion of retail opportunities and the redevelopment of underutilized or vacant commercial properties, and since the functional design of the proposed subdivision is compatible with the intent of the CSC Zone in this Title. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Mitigated Negative Declaration No. IS-2005-3 together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Mitigated Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Modification of a Planned Development Permit is approved subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. This Planned Development Permit authorizes a 160,000 square foot expansion of Plaza Bonita Mall. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. M4-PD- 1997-4, dated 9/15/2005. 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. Landscape plans shall also include vines on the exterior of the parking structure. 3. Mitigation of school impacts shall be made per California Government Code. If the school district can establish a rationale to the satisfaction of the Planning Department, the developer shall be required to annex into the Community Facilities District (CFD) No. 10, of the Sweetwater Union High School District. 4. Construction of the proposed expansion shall be limited to the hours of 7:00 a.m. to 7:00 p.m. in accordance with the City's Noise Ordinance, unless unique circumstances are determined by the Planning Department to require earlier or later operations. 5. For all delivery sites, the developer shall be required to post signs stating "no idling after 10:00 p.m." for trucks while unloading. (This condition does not affect the operation of the trucks' refrigeration units.) 6. The developer shall be required to post signs within the eastern parking lots of the shopping center stating, "City Noise Ordinance is in Effect. Violators will be Cited." 7. The retaining wall facing Plaza Bonita Road and given an exception for height shall be designed with a cleft -stone facing and landscaped planter cells as noted in Exhibit A, Case File no. M4-PD-1997-4, dated 9/15/2005. 8. The developer shall install an eight -foot high chain link fence along the entire eastern perimeter of the property. Landscape screening and/or vinyl coating shall be required for this fence to the satisfaction of the Planning Director. In the event the City decides to install a wrought iron fence along this perimeter, the developer shall contribute funds in an amount equal to the cost of the chain link fence and screening towards the cost of the wrought iron fence. 9. Queuing of trucks on the east side of the mall in preparation for unloading shall be prohibited. A plan shall be submitted to the satisfaction of the Planning Department, explaining measures, including posting and operating procedures, to carry out this restriction. 10. All rooftop equipment shall be shielded from view from neighboring residents. It must be placed within enclosures, per Code Section 18.86.020. Exhaust and intake fans shall be oriented away from the nearby houses. 11. If necessary, the developer shall retrofit the existing pylon sign to ensure that adjacent residents are shielded from direct exposure to neon lights. 12. New anchor store signage (i.e. wall signs and a tower sign) shall be designed to avoid exposing nearby residential properties to intense light (e.g. use of lower intensity lights, partially opaque shielding, etc.). 13. Prior to the issuance of building permits for the one pad building proposed to be adjacent to Outback Steakhouse, the applicant shall process an Approval of Plans (design review of proposed building floor plans, building elevations, etc.) through the Planning Commission. 14. Code Amendment A-2004-2 shall be approved and effective before Planned Development Permit M4-PD-1997-4 is effective. 15. Ownership of parcel number 570-020-46, currently in County of San Diego ownership, shall be transferred to the applicant before the issuance of any building permits for the project. 16. Subject to review and approval of National City Transit, a shelter and bench shall be provided at the proposed Transit Stop at the East side main entrance. 17. All rooftop equipment shall be acoustically shielded to eliminate off -site noise impacts, especially to the eastern and southern sides of the mall. 18. 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. 19. The installation of a traffic signal at Plaza Bonita Road and Driveway 1, as reflected on approved project plans, into the mall site, including the restriction of left -turn movements out of the opposite "big box" retail development site to the northwest, subject to conditions to follow in number 21.. 20. The installation of a traffic signal at Plaza Bonita Road and Driveway 3 into the mall site, as reflected on approved project plans, subject to conditions to follow in number 21. 21. As the impacts requiring mitigation are a result of the cumulative effect of two proposed retail projects, the cost of implementing the mitigation measures shall be borne by both projects in a fair share manner, with final mitigation sharing percentages to be determined by the National City Engineering Department. At such time that the City determines mitigation measures are required, the City may employ the services of a 3`a party traffic engineer, with the cost borne by the project applicants, to confirm the resulting impacts of each project and confirm the proposed mitigation measures remain the most appropriate measures. As no impacts were identified as a result of the proposed mall expansion alone, the current project applicant will only be held responsible for contributing to mitigation costs until such time that the certificate of occupancy is released by the City on the proposed expansion. If the adjacent contributing project (big box retail) has not received project development entitlement approval during this time period, then the adjacent contributing project will be held fully responsible for bearing the cost of any required mitigation measures at such time that they proceed with construction. 22. To reduce the potential for structural collapse resulting from liquefaction, the proposed development shall be designed in accordance with the requirements of the latest edition (2001) of the California Building Code (CBC) for Seismic Zone 4, at a minimum, as per the recommendations of the Geotechnical Investigation. A Soil Profile Type SE shall be used with the CBC design procedure, unless the National City Building and Safety Department determines a more conservative soil profile is appropriate during their review of any building permits required for the proposed project. Development shall also incorporate in -situ soil improvement methods or foundation systems to mitigate the potential for potentially damaging differential movements. 23. 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. 24. 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. 25. 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. 26. 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 rim -off resulting from this development. 27. 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 stone 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. 28. 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. 29. 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. 30. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 31. The deteriorated portions of the existing street improvements (sidewalk 55', cross gutter 50' x 10') along the property frontages shall be removed and replaced. 32. 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. 33. A traffic study is required for the proposed development. All traffic study findings and recommendations shall be part of Engineering Department requirements. 34. 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. 35. All existing easements, or sewer and drainage facilities, shall be protected from any building encroachment. 36. Prior to the issuance of building permits, a lot line adjustment plat prepared by a Civil Engineer or Land Surveyor shall be submitted to the Engineering Department for approval of the proposed interior boundary adjustments. The lot line adjustment shall follow the requirements of the Engineering Department. 37. Fire suppression systems will be required for the parking structure. 38. The theater will require direct exiting outside. Exiting through the mall will not be accepted as emergency exiting. 39. Building permits for the mall expansion shall include a 1,000 square foot Community Police Station located within the parking garage. The station shall include a kitchen, bathroom, and finished walls and floors, but does not need to include interior partition walls. The station shall be built and paid for by the developer. 40. Prior to issuing a building permit, the owner/applicant must submit a letter from the National City Fire Department stating fire flow requirements to Sweetwater Authority. If this project results in the need for new water systems or substantial alteration to the existing water system the owner/applicant shall enter into an agreement with Sweetwater Authority for the needed improvements/alterations. 41. The following are prohibited actions/uses within the 40 foot wide SDG&E easement on the west side of the project site: • No trees or large bushes shall be planted in the easement area; • No parking lot lighting shall be permitted in the easement area; • No signage shall be permitted in the easement area; • Grading within the easement area is prohibited without prior written approval from SDG&E. 42. Concurrent with the City review of grading/improvement plans, which is processed through the Engineering Department, five (5) additional sets of grading/improvement plans shall be provided to the City for distribution to SDG&E for their review. SDG&E's written approval of the site grading/improvement plans must be received prior to the issuance of project grading permits. 43. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 44. All trash enclosures and storage areas shall be in accordance with City standards. All trash enclosures and storage areas shall have exteriors to match adjacent buildings. 45. Exterior walls of buildings/ freestanding signs/ 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. 46. 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 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 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. 47. 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. 48. Prior to submittal of lot line adjustment, Westfield shall execute an indemnification agreement wherein it agrees to indemnify the City of National City and its officers and employees from any liability or loss arising from the City's processing and approval of this application, and to defend the City and its officers and employees against any legal challenges to the project. 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 19, 2005, by the following vote: AYES: CARRILLO, PRUITT, ALVARADO, BACA, FLORES, MARTINELLI, REYNOLDS NAYS: ABSENT: GRAHAM ABSTAIN: CHAIRWOMAN /2 °s 200 0 200 400 6 PROJECT SITE Feet qw, EXISTING MALL BUILDINGS AN LOCATION MAP Modification of a Planned Development Permit for the Expansion of Plaza Bonita Shopping Center M4-PD-1997-4 / A-2004-2 / IS-2005-3 NATIONAL CITY PLANNING (0 DRN. DATE: '` 11/01/05 INITIAL HEARING: 12/19/05 estf[d . pt02p leIL LINIMSIELmfflaummal EIMMILLmEmammilr• LELEITEMENEMILII WC. LOT r TOMILINNILIMME :yawl "mat C'" &cam ' 'EH IIINIMinoll =_____.=_- Noma im===m=taniiimillownimi immaiim ..c..--a—=....... _ ..., Mg .....--..,21.Ve. woo........ `'.....1.....P.7.0,-"owl,,,,,......WW.7.7.2.,....L. &Oa POW OSA& AAA. WA AMA. - \ v._ &A A. ems. / OOff 1•111110•311 falto.10011. ••••10.0.0100 .41,101.1101101.141 '.110111111101.1110•41O1 EAST ELEVATION SOUTH ELEVATION WOAD =MR 111•01171111M - — AWW11.1. 0010111111190 — WEST ELEVATION T _ — 11•00/0001 OOLOW, off kg.."„ rtestmie(f City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 25 AGENDA ITEM NO. (ITEM TITLE CONSIDER REQUEST OF CINGULAR WIRELESS TO AMEND THE LEASE AGREEMENT FOR THE LEASE OF A PORTION OF EL TOYON PARK FOR CELLULAR ANTENNA FACILITIES PREPARED BY EXPLANATION George H. Eiser, III ODEPARTMENT Ext. 4221 City Attorney Please see attached memorandum. Environmental Review X N/A Financial Statement There is a potential decrease in lease revenue. >STAFF RECOMMENDATION Provide direction to staff. Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Term Sheet and Proposed Amendment to Lease Resolution No. A-200 (9/80) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, 111 • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: January 10, 2006 FROM: City Attorney SUBJECT: Request to Amend Cingular Wireless Cellular Antenna Facility Lease in El Toyon Park Cingular Wireless currently has a ground lease with the City fora portion of El Toyon Park for a cellular antenna facility. The lease was originally entered into in August, 2003. The initial lease term was for five years, with the lessee having the option to extend the lease for four additional five-year terms. The lease may be terminated immediately by the tenant, or upon 90 days' notice by the City. The current rent paid to the City for the leased premises is approximately $34,000 per year. The lease provides that the rent shall be adjusted upward each year by 5% or according to the fair market value of the ground lease, whichever is greater. The City Attorney's office has recently been contacted by a representative of Cingular Wireless, who has requested that the lease be amended. Under the proposed amendment, the lease term would be for five years, with the lessee having the option to extend the term for five additional five-year terms. The proposed rent would be approximately $23,000 per year, and would be fixed at this amount during the entire lease term and all extensions, with no upward adjustment. The lessee would be required to provide 30 days' notice of termination, and upon termination by the lessee, the lessee would pay to the City 12 months' rent. According to the Cingular Wireless representative, Cingular Wireless is consolidating its operations. As part of that consolidation, it is reviewing its cellular antenna leases to determine if any of them should be terminated. The amount of rent paid for each site will be a factor in determining whether the lease should be continued. From the City's standpoint, the factors to be weighed are the benefit of receiving a year's rent in the event Cingular terminates the lease, versus a greatly reduced annual rent. Also to be taken into account is the extent to which the City desires that the lease remain in existence. GEORGE H. EISER, III City Attomey GHE/gmo Recycled Paper Xcinguiar raising the bar LEASE EX1 NSION TtRM SHEET To: George H. Eiser, III From: Tim Boddye, Lease Consultant, New Cingular Wireless Subject: N127566/25244 Date: December 07, 2005 CC: New Cingular Wireless Lease File At the terms and conditions set -forth herewith, Cingular Wireless would consider extending its wireless communications facility lease agreement for the site located at 2005 East 4th Street, National City, CA 91950. This proposal will expire at the close of business 5 days from the date of this letter unless extended by a Cingular Wireless officer or director. Current Lease Term(s) $33,502.38 A. Current Base Rent B. Current Rent Frequency 5.00% C. Current Escalation Term D. Current Escalation Frequency New Term 60 A. New Initial Term (mo) 5 B. Number of Renewal Terms 60 C. Additional Term Length (mo) New Rent $23 451.67 A. New Base Rent Annually B. New Rent Frequency AA C. New Escalations 0.00 Not Applicable D. New Escalation Frequency pp New Termination & Guarantee 0 A. New Termination Notice (days) 30 B. New Termination Fee (mo) 10 C. Abatement Period (mo) 56 D. Rent Guarantee Period (mo) Other A. Please verify or write in the correct legal ownership for this Site. Is this correct? Yes / No B. Please verify or write in the correct physical address for this Site. Is this correct? Yes / No 2005 East 4th Street, National City, CA 91950 C. Please verify or write in the correct address for notice and correspondence. Is this correct'? Yes / No 1243 National City Boulevard, National City, CA 91950-4301 D. Effective date of New Amendment? **This proposal is not a binding commitment and is subject to review and approval of documentation by all parties and will expire at the close of business 5 days from the date of this letter unless extended by a Cingular officer or director. Participation in this program is not required and Cingular will continue to abide by the terms of your original Lease Agreement, including exercising termination rights where they exist. Landlord Initial: Tenant Initial: and Ce11 Site No: [[Site Name]]_[[FOCUS ID]] Site Address: [[Site Address 1]], [[Site Address 2]], [[Site City]], [[Site State]] [[Site ZIP]] [[NUMBER]] AMENDMENT TO LEASE AGREEMENT THIS [[NUMBER]] AMENDMENT TO LEASE ("Amendment') dated as of the date below, by and between having a mailing address at (hereinafter referred to as "Landlord") and having a mailing address at (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant entered into a Lease Agreement ("Lease") dated whereby Landlord leased to Tenant certain Pretthses, therein described, that are a portion of the Property located at [[Site Address 1]], [[Site Address 2]], [[Site City]], [[Site State]] [[Site ZIP]] ("Agreement"); and WHEREAS, Landlord and Tenant desire to the term of the Agreement; and WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Rent payable under the Agreement; WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Tenants obligations to pay Rent to Landlord for an Rent Guarantee and Abatement Period; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Landlord and Tenant hereby agree as follows: 1. Term. All references to the Term of the Agreement shall be amended to provide that the Agreement has a Term of [[New Initial Tenn]] months ("Initial Term"), commencing on [[Modified Commencement Date]]. The Term will be automatically renewed for up to [[New Renewal Term]] additional [[Length of Renewal Term]] month terms (the "Extension Temi") without further action by Tenant for additional periods of [[Length of Renewal Term]] months. 2. Termination. After the Rent Guarantee Period, Tenant may tenninate the Agreement at any time with [[Notice Period]] days prior written notice to Landlord; provided, that Tenant pays to Landlord an amount equal to [[New Termination Fee]] months of the then current Rent. 3. Modification of Rent. Commencing on [[Mod Rent Date]], the Rent payable under the Agreement shall be $[[New Base Rent]] per month, and shall continue during the Term, subject to adjustment as provided below. Landlord Initial: Tenant Initial: 4. Modification of Tenant's Obligation to Pay — Rent Guarantee. Notwithstanding Tenant's obligations to pay Rent set forth under the Agreement, for a [[Rent Guarantee Period]] month(s) period commencing [[Rent Guarantee Commencement]] and ending [[Rent Guarantee End]] ("Rent Guarantee Period"), Tenant hereby agrees that Tenant will be obligated to pay Rent due and such obligation will not be subject to offset or termination by Tenant. 5. Modification of Tenant's Obligations to Pay — Rent Abatement. Notwithstanding Tenants obligations to pay Rent as set forth under the Agreement, for a [[Abatement Period]] month(s) period commencing [[Abate Commencement]] and ending [[Abatement End Date]] ("Abatement Period"), Landlord agrees to abate any and all Rent payments due from Tenant. 6. Future Rent Increases. The Agreement is amended to provide that commencing on [[Mod. Esc. Date]], Rent shall be fixed during the Initial Term and all Extension Term(s). 7. Acknowledgement. Landlord acknowledges that: 1) this Amendment is entered into of the Landlord's free will and volition; 2)'Landlord has read and understands this Amendment and the underlying Agreement and, prior to execution of the Amendment, was free to consult with counsel of its choosing regarding Landlord's decision to enter into this Amendment and to have counsel review the terms and conditions of the Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non -renewal provision therein, would remain in full force and effect. 8. Notices. Section of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES, All notices, requests, demands aid communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. As to Tenant, Cell Site #[ ] , Cell Site Name [ ]„ with a copy to Attn.: Legal Department , Re: Cell Site # [ ] , Ce11 Site Name [ ],; and as to Landlord, Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 9. Other Terms and Conditions Remain. The Lease is amended to incorporate all the provisions set forth on Schedule I attached hereto. In the event of any inconsistencies between the Agreement and this Amendment and the provisions set forth on Schedule I, the terms of this Amendment and Schedule I shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 10. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. [NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] Landlord Initial: Tenant Initial: IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the date and year below. LANDLORD: TENANT: By: By: Name: Name: Title: Title: Tax Id Date WITNESSED BY: By: By Name: Name: Titles Title: SCHEDULE I TO LEASE AMENDMENT Additional Lease Terms and Conditions The Agreement is amended to include the following terms and conditions: 1. Access: Landlord hereby grants to Tenant, and to any public or private utility serving Tenant's Communication Facility or related equipment, access to the Premises and to and over the. Property twenty-four hours per day, seven days per week (24/7), including but not imited to, access from an accessible, open and maintained public road to the Premises, for the installation, maintenance, repair, modification, alteration, or refurbishment of the Communications Facility or any equipment related to such Communications Facility as such access is deemed necessary by Tenant, in its sole discretion, without the requirement of notice by Tenant to Landlord. In the event that any public or private utility serving Tenant's Communication Facility is unable to use the access provided to Tenant, the Landlord hereby agrees to grant additional access to Tenant or to such public or private utility, for the benefit of Tenant, at no cost to Tenant and pursuant to the same terms and conditions as noted above. The terms and conditions regarding access in the Agreement remain in full force and effect, except as modified by this paragraph. 2. Expansion of the Premises: Landlord grants Tenant the right, to the extent practicable and on a space available basis, to enlarge the Premises or to make space available on the Property for Tenant so that Tenant may implement any necessary modifications, supplements, replacements, refurbishments, or expansions to the Communication Facility or to any equipment related thereto, or for any other reasons, as determined by Tenant in its sole discretion. 3. Expansion of Permitted Use: Landlord hereby agrees, at the direction of Tenant, to allow the Tenant to modify, supplement, replace, upgrade, expand or refurbish the equipment related to the Communications Facility, increase the number of antennas thereon or relocate the Communications Facility within the Leased Premises at any time during the term of this Agreement, and Landlord shall cooperate with Tenant in all respects in connection with the foregoing. If Landlord does not comply with the terms of this section, Tenant may terminate this Agreement and shall have no further liability to Landlord. 4. Removal/Restoration: Landlord agrees that the Communication Facility and any related equipment brought to the Premises by Tenant shall be and remain Tenant's personal property irrespective of whether all or any portion thereof is deemed to be real property under applicable law. Landlord waives any and all rights it may have, including any rights it may have in its capacity as Landlord under the Agreement to assert any liens, encumbrances or adverse claims, statutory or otherwise, related to or in connection with the Communications Facility or any portion thereof. Tenant, in its sole discretion, may 'remove the Communication Facility or any portion of the Communication Facility at any time during the Term of the Agreement, without notice to Landlord and without Landlord's consent: Tenant, may, in its sole discretion, transfer any improvements or alterations to the Premises to Landlord at any time during the Term of the Agreement without notice to the Landlord and without the Landlord's consent. Landlord Initial: Tenant Initial: INDIVIDUAL CAPACITY STATE OF COUNTY OF ) ) ) LANDLORD ACKNOWLEDGEMENT SS. I certify that I know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged that said person(s) signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. DATED: Notary Seal REPRESENTATIVE CAPACITY STATE OF COUNTY OF ) ) SS. ) (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: I certify that I know or have satisfactory evidence that who appeared before me, and said person acknowledged that said person signed this instrument, person was authorized to execute the instrument and acknowledged it as the of voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal is the person on oath stated that said (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: to be the free and 1 LANDLORD ACKNOWLEDGEMENT PARTNERSHIP (consisting of corporate partners) ACKNOWLEDGEMENT STATE OF ) ) ss: COUNTY OF ) I CERTIFY that on , 200 , personally came before me and this/these person(s) acknowledged under oath to my satisfaction, that: (a) this/these person(s) signed, sealed and delivered the attached document as [title] of [name of corporation] a corporation of the State of , which is a general partner of the partnership named in this document; (b) the proper corporate seal of said corporate general partner was affixed; and (c) this document was signed and delivered by the corporation as its voluntary act and deed as [a] general partner(s) on behalf of said partnership [by virtue of authority from its Board of Directors]. Notary Public: My Commission Expires CORPORATE ACKNOWLEDGEMENT STATE OF ) COUNTY OF ) I CERTIFY that on , 200 , [name of representative] personally came before me and acknowledged under oath that he or she: (a) is the [title] of [name of corporation], the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. Notary Public : My Commission Expires: TENANT ACKNOWLEDGEMENT STATE OF ) ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of New Cingular Wireless PCS., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: ITEM #26 1/17/05 VERBAL REPORT - UPDATE ON THE PORT (CITY MANAGER) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES January 17, 2006 AGENDA ITEM NO. 27 ITEM TITLE Boundary Reorganization between City of National City and City of Chula Vista, Directing Staff to Negotiate a Pre -Annexation Agreement with the City of Chula Vista to Realign the Boundary Between the Two Cities as the Sweetwater River Flood Control Channel. PREPARED BY DEPARTMENT Chris Zapata 1 619-336-4240 City Manager EXPLANATION The City Managers of Chula Vista and the City of National City are negotiating a Pre - Annexation Agreement with the City of National City to realign the boundary between the two Cities to follow the Sweetwater River Flood Control Channel, based upon the following principles: 1. The level of revenues generated by properties within the reorganization area ("base revenue") will remain with the City currently receiving such revenue. 2. Increased revenue from existing development (above "base" revenue) will be shared on a 50/50 basis by the two Cities, and 3. New revenue that is created from new development will be shared equally if development costs are shared equally or, alternatively, will be shared in proportion to the sharing of development costs. Environmental Review V N/A Financial Statement There will be no fiscal impact from this action. If a Pre -Annexation Agreement is completed and a Resolution of Application made to LAFCO, there will be costs associated with boundary surveys, preparation of legal descriptions, and LAFCO application and State filing costs, which will be shared by the two Cities. Account No. N/A STAFF RECOMMENDATION That the City Council direct staff to negotiate a pre -annexation agree- ment with the City of Chula Vista to realign the boundary between the two cities as the Sweet- water River Flood Channel based on the principles outlined above in the explanation section. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. City of Chula Vista's staff report, which includes the map and LAFCO procedures. A-200 (9/80) 11.01011174 OW OF CHUM VISTA Council Agenda Statement Item: Meeting Date: 01/17/2006 ITEM TITLE: Directing Staff To Negotiate A Pre -Annexation Agreement With The City Of National City To Realign The Boundary Between The Two Cities As The Sweetwater River Flood Control Channel SUBMITTED BY: Laurie Madigan, Assistant City Manager REVIEWED BY: City Manager (4/5ths Vote: Yes _ No X ) RECOMMENDATION: That the City Council direct the City Manager to negotiate a Pre -Annexation Agreement with the City of National City to realign the boundary between the two Cities to follow Highway 54 and the CALTRANS flood control channel, based upon the following principles: 1. The level of revenues generated by properties within the reorganization area ("base revenue") will remain with the City currently receiving such revenue, 2. Increased revenue from existing development (above "base" revenue) will be shared on a 50/50 basis by the two Cities, and 3. New revenue that is created from new development will be shared equally if development costs are shared equally or, alternatively, will be shared in proportion to the sharing of development costs. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: Attachment 1 to this report depicts the current jurisdictional boundary line between the Cities of Chula Vista and National City. This meandering boundary creates a situation where certain properties located south of Highway 54 lie within the jurisdiction of the City of National City, while other properties located north of Highway 54 are within the Chula Vista jurisdiction. The interweaving boundary across both the flood control channel and the highway makes little sense, creates jurisdictional confusion, and sets - up a situation where each City has responsibility to provide health and safety services to areas that are more easily reachable by the other jurisdiction. Your City Manager and Page 2, Item: Meeting Date:. 01/17/2006 the City Manager of National City have met, with staff, to discuss a process to "reorganize" our municipal boundaries, using the CALTRANS Sweetwater River Flood Control Channel along Highway 54 as the more appropriate dividing line between the two cities. Currently, two areas on the south side of 54 are part of the National City jurisdiction. The most westem of these areas is comprised of approximately 32.5 acres. South Bay Motorsports as well as the Southland and Regency industrial parks are located in this area, as is a mitigation area of approximately 14.5 acres. This wetland mitigation area is owned by the San Diego Aircraft Carrier Museum, who are currently undertaking clean-up and re -vegetation of the area as mitigation for loss of water area resulting from the location of the USS Midway in San Diego Bay. The eastern area south of 54 located in National City is comprised of approximately 14 acres and is the site of the South Bay Marketplace with Dixieline Lumber, Old Navy and Office Depot among other businesses. North of 54 two areas are now within the jurisdiction of the City of Chula Vista. These include an area comprised of approximately 11 acres, which includes the Harbor Drive - In Theater and, to the east, an area of approximately 17 acres which is the site of the Food 4 Less, Econo Lube and Tune and the Sweetwater Authority demineralization facility. The sales tax revenues currently generated by the territory described above located in National City south of 54 is estimated at $940,000. Sales taxes generated in the Chula Vista areas north of 54 are estimated at $50-70,000. The two National City areas are located within that City's Redevelopment Area and generate annual property tax increment revenue of approximately $370,000. The annual property tax revenue generated for the City of Chula Vista by the area under study, which is not in an RDA, is approximately $25,000. In order to reorganize the boundaries between the two Cities, a tax -sharing agreement will be required. The City Managers have discussed in concept an approach that would establish a "base year" (much like that which is done when an RDA is formed). AU tax revenues to that amount would continue to accrue to the City of origin. New tax increment resulting from general adjustments and inflation would be shared 50/50. If new development is proposed for a site, new revenues would be shared 50/50 or proportionate to investment; in other words, each City would share in the initial cost for infrastructure necessary to provide for such development to occur and then share in new revenues in relationship to their cost participation. Attachment 2 is a summary of the procedures required to complete a reorganization of City boundaries. Prior to committing to the first action required by the Local Agency Formation Commission (LAFCO), adopting a resolution of application, it is recommended that we negotiate and prepare a Pre -Annexation Agreement with the City of National City. This Agreement will outline all relevant points of agreement upon Page 3, Item: Meeting Date: 01/17/2006 which the annexation and the related tax -sharing agreement will be based, clarifying the understandings of the two Cities prior to making application to LAFCO. FISCAL IMPACT: There will be no fiscal impact from this action. If a Pre -Annexation Agreement is completed and a Resolution of Application made to LAFCO, there will be costs associated with boundary surveys, preparation of legal descriptions, and LAFCO application and State filing costs, which will be shared by the two Cities. Attachments Attachment 1 ii,PLANNING1Gabriellilluum— ivIonliustrationt 6.5x11.2101.06.08 Chula Vista to National City Approx. 11 Acres National City to Chula Vista Approx. 32 Acres National City to Chula Vista Approx. 14 Acres Pre -Annexation Agreement City of Chula V V City of National City LEGEND „...Ne• Existing City of Chula Vita Boundary Potential Boundary Chan ATTACHMENT 2 SUMMARY OF PROCEDURES FOR REORGANIZATION OF CITY BOUNDARIES CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 Required LAFCO Actions 1. Adopt a resolution making determinations and approving: a. The detachment of territories from City of Chula Vista and annexation of same territories to the City of National City b. The detachment of territories from City of National City and annexation of same territories to the City of Chula Vista 2.. Adopt a statement of determinations for concurrent sphere of influence amendments (determine that a municipal service review is not required). 3. Act as Responsible Agency for CEQA review and approvals of the Lead Agency (one or both cities) O/F review and determine the applicability of Section 15319(a) of the State CEQA Guidelines (Class 19 categorical exemption): 15319. Annexations of Existing Facilities and Lots for Exempt Facilities Class 19 consists of only the following annexations: (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre -zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21084, Public Resources Code. Discussion: The exemption under subsection (a) is not allowed if it is foreseeable that utility services would extend into the annexed parcels and have the potential to serve a greater capacity than existing uses. The exemption Is also unavailable if "unusual circumstances" under Section 15300.2(c) are found. For example, in City of Santa Clara v. LAFCO of Santa Clara County, (1983) 139 Cal. App. 3d 923, the court found that unusual circumstances existed when the annexing city's general plan called for the newly annexed parcels to eventually become residential and industrial rather than the prezoned agricultural use. The unusual circumstances arose from the Inconsistency between the prezoned agricultural use and the general plan's designated land use and thus precluded the use of this categorical exemption. Required Actions of Cities 1. Adopt resolution of application requesting initiation of LAFCO Proceedings for a change of reorganization and concurrent sphere of influence amendments. 2. General Plan amendments and prezoning. 3. CEQA - Initial study and preparation of a Negative Declaration or Mitigated Negative Declaration for General Plan amendments and prezoning OR review and determine the applicability of Section 15319(a) of the State CEQA Guidelines (Class 19 categorical exemption). 4. Map & Legal Description - Surveyor's map and metes and bounds description of each affected territory proposed for a change of reorganization. 5. Adopt matching resolutions approving a property tax exchange agreement for the affected territories (typically a 100 percent exchange for the detachment and annexation of territories from one city to another), pursuant to Section 99 of the Revenue and Taxation Code. s Recommended Procedural Steps (Approximately a four- to six-month process following submittal of the LAFCO application.) 1. Prior to submittal of LAFCO application, enter into a pre -annexation agreement and master property tax exchange agreement with negotiated deal points for: a. Property tax exchange b. Sales tax sharing c. Cost sharing i. LAFCO and State Board of Equalization filing and processing fees ii. Map & legal description CEQA 2. Pre -application meeting with LAFCO to walk through process, procedures, and timeline. 3. Submit LAFCO applicatidn as a joint application by both cities. Adopt matching resolutions of application requesting the initiation of LAFCO proceedings for a change of reorganization and concurrent sphere of influence amendments. (Submitting a joint application will indicate that the reorganization proposal is a cooperative effort and will expedite LAFCO proceedings by waiving the 60-day termination window for city detachments under Government Code Section 56751.) a. Typical contents of LAFCO application i. LAFCO processing fees ii. Justification of proposal questionnaire iii. Plan for services iv. Property owner consent forms (see #4 below) v. Map & legal description (metes and bounds) prepared by a licensed land surveyor vi. CEQA documents vil. Matching resolutions approving a property tax exchange agreement vill. Prezoning ix. General Plan amendments x. Indemnification agreement signed by City Managers 4. Depending on the number of parcels and property owners. involved, and depending on whether the affected territory is inhabited (12 or more registered voters) or uninhabited (less than 12 registered voters), contact property owners to seek property owner consent to the proposed reorganization. (If the territory is uninhabited and all property owners have consented to the proposed reorganization, LAFCO may waive property owner protest proceedings entirely. If the territory is inhabited, then LAFCO may waive protest proceedings entirely if written notice is provided and no written opposition is received from any registered voters or property owners.) 5. Within 30 days of submittal of the application, LAFCO sends the applicants a status letter notifying them that the application is either complete or incomplete. The status letter will list all items that must be completed and submitted prior to issuance of a Certificate of Filing. 6. Approximately 30 days after submittal of the application, and after submittal of a map & legal description, LAFCO begins the property tax exchange negotiation process set forth under Section 99 of the Revenue and Taxation Code. a. LAFCO issues notice of the proposal to the County Assessor. b. The Assessor determines which Tax Rate Areas (TRAs) are involved in the proposal and calculates the total assessed valuation (AV) of the affected territory. c. The Assessor issues a report with the TRAs and AV for the proposal to the County Auditor. d. The Auditor determines the total ad valorem property tax revenues that are subject to negotiation as part of the proposal. e. The Auditor issues a report to the affected agencies (e.g., city, county) identifying the total dollars that are subject to negotiation and notifying the agencies that they have 60 days from the date they receive the report to reach agreement on the transfer of property tax revenues among the affected agencies. 7. Upon determination by the LAFCO Executive Officer that the application is complete, the Executive Officer issues a Certificate of Filing and sets a hearing date. 8. LAFCO notices and holds a public hearing on the proposal and takes one of the following actions at the hearing: a. Approves the application subject to terms and conditions b. Approves the application with modifications and subject to terms and conditions c. Denies the application 9. If LAFCO approves the application, within 35 days of the hearing, LAFCO adopts the resolution making determinations and approving the application and sends a copy of the resolution to the applicants. 10. If LAFCO approves the application, within 30 days of the hearing, LAFCO notices and sets a date for a protest hearing, unless waived pursuant to Government Code Section 56663. From the date that the legal notice of the protest hearing is published in a newspaper, registered voters and landowners within the affected territory may file written protests with LAFCO until the close of the protest hearing, LAFCO determines the window of time protests may be submitted (21 to 60 days) at the time it approves the application. 11. LAFCO holds the protest hearing and makes a determination of the value of written protests filed and not withdrawn. LAFCO may continue the hearing to a future date to allow time to review protests. Upon the determination of the value of written protests, LAFCO takes one of the following actions, depending on whether the territory's inhabited or uninhabited: a. Uninhabited i. If a majority protest exists, terminate the reorganization. For uninhabited territory, a majority protest exists if protests are filed by landowners owning at least 50% of the assessed valuation. ii. If a majority protest does not exist, order the reorganization. 11 b. Inhabited I. If a majority protest exists, terminate the reorganization. For inhabited territory, a majority protest exists if protests are filed by at least 50% of the registered voters. II. Order an election if protests are flied by: (a) at least 25%, but less than 50%, of the registered voters; or (b) at least 25% of the number of landowners owning at least 25% of the assessed valuation. iii. Order the reorganization If protests are filed by: (a) less than 25% of the registered voters; or (b) less than 25% of the number of landowners owning less than 25%of the assessed valuation. 9. If the reorganization is ordered, LAFCO records a Certificate of Completion with the County Recorder's Office upon satisfaction of all terms and conditions in the resolution ordering the reorganization. 10. Upon recordation, LAFCO sends documents and fees (paid by the applicants) to the State Board of Equalization (SBE) for purposes of altering the SBE's TRAs to reflect the reorganization of the cities' boundaries. 11. The effective date of the reorganization is set by the LAFCO resolution and Certification of Completion. City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE January 17. 2006 AGENDA ITEM NO. 28 ITEM TITLE PRESENTATION OF PRELIMINARY FEASIBILITY STUDY — CONSOLIDATION OF THE COMMUNITY DEVELOPMENT COMMISSION WITH THE ADMINISTRATION OF THE CITY PREPARED BY EXPLANATION George H. Eiser, III Ext. 4221 DEPARTMENT City Attorney At the October 4, 2005 City Council meeting, the Council adopted Resolution No. 2005-220 authorizing the Mayor to execute an agreement with MBIA Muniservices to provide a report outlining the actions required to consolidate the administration of the Community Development Commission with the administration of the City, to be under the supervision of the City Manager. The report, which was authorized by the Council's actions, is attached. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Preliminary Feasibility Study Resolution No. A-200 (9/80) MunISaMces Company PRELIMINARY FEASIBILITY STUDY CONSOLIDATION OF THE COMMUNITY DEVELOPMENT COMMISSION WITH THE ADMINISTRATION OF THE CITY OF NATIONAL CITY OVERVIEW The opinions expressed in this report provide the perspective of municipal tax and redevelopment experts and should not be considered a substitute for the policy deliberations and decisions to be made by the City of National City's Mayor and Council. In order to promote economy and efficiency in the city government, the Mayor and City Council directed the preparation of a preliminary feasibility analysis of the consolidation of the administration of the Community Development Commission of the City of National City (CDC) with the administration of the City of National City (City) under the supervision of the City Manager. This report will look at the consolidation and its impact on the City from a legal, financial and personnel viewpoint. In the State of California over 95% of the Redevelopment Agencies operate within the city structure with 90% of those having the City Manager as the Executive Director. The structure currently in operation in National City where the entire operation is outside the city management structure is an anomaly within the state. The Redevelopment Agency of National City was formed in 1969 to facilitate redevelopment activities in the City. In 1975 the Community Development Commission was formed when housing was added to the Redevelopment Agency. Between November 1969 and December 1981, the CDC established redevelopment districts in several parts of the City. In 1995, the CDC adopted the Harbor District Redevelopment Project Area. As part of that project area adoption, the CDC merged all six projects into one National City Redevelopment Project Area. Combined, the component areas of the merged Project Area cover 2,080 acres, including most of the City west of Interstate 805. 1 Under the purview of the CDC are redevelopment, economic development, housing (including Section 8 programs), Community Development $lock Grant progtapzs, the federal HOME program, and a nutrition center. The CDC and its Executive Director report directly tQ the Mayor and the City Council acting as the Redevelopment Agency. The Executive Directof of the CDC also serves as the Executive Director of the Parking Authority. A Housing and Community Development Commission, comprised of 10 — 15 members of the community, oversees the disttibution of Conirnunity Development Block Grant funds. According to the CDC's "Adopted Budget Fiscal Year 2005-2006", total revenues and expenditures for all Funds — Redevelopment, Low and Moderate Income Housing, Section 8 Housing, CDBG, HOME, Nutrition Center, and Home Improvement Loan Program — equal $45,707,001. LEGAL RAMIFICATIONS OF A MERGER As attested by the accompanying opinion letter from the law firm of Kane, Ballmer & Berkman, Special Counsel to numerous Redevelopment Agencies in California, there are no legal obstacles to the integration of the CDC into the City administrative structure. The City Attorney already serves as General Counsel to the CDC so there would not appear to be the need for any organizational change in that regard. FINANCIAL RAMIFICATIONS OF A MERGER 1 At the current time the CDC has one budget cycle that begins in April and the City has a separate budget cycle that begins in February. There does not appear to be any coordination between the budgets. Redevelopment law demands that the tax increment accounts be kept separate from general fund accounts. The same is true for Community Development Block Grant funds and Section 8 funds. However, with no coordination between the budget processes, there is a question as to whether or not the two entities are working together to utilize their funds and leveraging their programs to reach common goals and objectives for the City and the residents. Both the CDC and the City use the same financial management system. Integrating the chart of accounts into one system would be possible but would take time to accomplish. However, this could be accomplished within a month of a merger. Diligent oversight and auditing systems would have to be put in place to ensure that separate funding streams are maintained in accordance with the rules and regulations for each program. 2 There is a fear by staff that by bringing the CDC's fmance.department into the City's system, the CDC will lose their flexibility particularly as it concerns the purchase of property or ability to deal with developers. It is true that a merger would bring greater oversight, but this does not necessarily mean a loss of flexibility. Flexibility can be built in during the budget process by identifying projects and setting up defined accounts. Merging the two entities does not mean that the CDC will lose financial identity. Redevelopment financial staff can either be merged into the City's Finance Department or stay within a Redevelopment Division of the City but work in close alignment with the Finance Department. Currently there are duplicate financial systems being run. A merger would result in more efficient payroll, accounts receivable and accounts payable systems. Eliminating duplication would lead to a more efficient financial system for the City overall. Having efficient and coordinated financial systems in place is vital as federal funds for such programs as CDBG, HOME and Section 8 are diminishing yearly. The ability of the City to cut the administrative overhead for these programs means that more of the funding can be used for programs. Duplication also exists in the use of consultants. At the current time it appears that the CDC uses consultants in areas such as engineering and planning for functions that the City does. It also appears that the City does not bill the CDC on a consistent basis for work that it does on CDC projects. This is an area that needs to be examined and systems need to be put in place to eliminate duplication of effort. One such system would be the use of time cards by City personnel to bill against redevelopment projects. This is a common practice between Redevelopment Agencies and the cities that they operate in. Fiscal education would be important in any merger. City staff needs to understand the rules and regulations governing each program. Likewise the CDC needs to understand the City's fmancial operations. Working together in one budget process would be a good time to begin to identify the issues raised by a merger and implement solutions. HUMAN RESOURCES RAMIFICATIONS OF A MERGER The Personnel aspect of a proposed merger is the one aspect that will not only take the most thought, but also the most time. Currently all CDC employees are "at will" employees. They do not fall under the civil service code. However, the City does negotiate benefits for the CDC employees who are also covered under Ca1PERS. 3 The major issues with merging the CDC staff within the City structure are: • Probationary Status: If CDC employees are brought under the civil service umbrella, will they have a probationary period or will they become civil service employees by default? • Classification: Most of the CDC employees are in classifications outside the cities current classification codes. • Pay: Overall the CDC staff is paid at a higher range than City employees. • Duplication: There are areas, such as finance, where there is a duplication of effort. • Union Status: The CDC employees are outside the City's union structure. • Organizational Structure: How will the City structure be changed to accommodate the merger of the Agency? Probationary Status: Civil Service employees go through a probationary period before achieving full status. During the probationary period employees can be terminated without cause. Should a merger occur would the CDC employees maintain their exempt status or would they become civil service employees? Upon becoming civil service employees, would the City waive or modify the probationary period for these employees? It is recommended that civil service codes cover the CDC employees. Waiving or modifying the probationary period should be at the discretion of the City Manager in consultation with the appropriate unions where applicable. Classification: In a merger, new classifications will have to be added to accommodate the Redevelopment, Economic Development, Housing and Nutrition Center staff. How these new classifications fit into the City structure should be part of the classification and compensation study. Pay: Differentiation in pay between the CDC and the City is a major issue that must be addressed. On the whole CDC employees are paid at a higher rate than City employees. The Executive Director of the CDC and the Assistant City Manager are at the same pay level. The Deputy Directors of the CDC are paid at a higher level than four of the City's Department Heads. The Senior Accountant for the CDC is paid $5000 a year more that the same level for the City. While it is not unusual for Redevelopment Managers and Project Managers to be paid at a higher level than many comparable city employees, having staff in general classifications being paid at different rates can cause dissension. It is recommended that a consultant be hired to do a classification and compensation study for the all city employees, excluding police and fire. Duplication: The merger would not only impact the CDC staff but also various other City departments. The Human Resources Department would be assuming a major role in recruitment, hiring, training and retention of CDC employees. The Finance Department would be impacted in a major way. Not only 4 i would they be absorbing staff, they would also be expanding their responsibilities. Redevelopment financing, Community Development Block Grant and HOME dollars all required separate charts of accounts and separate auditing. There will be a learning curve on how these dollars may and may not be spent. Depending on how the CDC is absorbed into the City structure, Community Services could be impacted by absorbing such entities as the Nutrition Center, Section 8 housing, and CDBG programs. The only way that Community Services and Finance could absorb these programs would be if the program came with not only staff but also full funding. Union Status: Currently the CDC employees are not covered by the City's union structure. Management and exempt status employees would remain exempt. All others would potentially fall into the National City Municipal Employees Association. Organizational Structure: Throughout California there are many examples of how Redevelopment Agencies fit into a city structure. Generally the City Manager retains the title of Executive Director of the Redevelopment Agency. As it exists today the CDC is a good model for overall economic development in National City. Redevelopment is a tool of economic development. Housing naturally falls under redevelopment as it is funded primarily by tax increment through set aside funds. In order to promote communication, common goals and objectives and efficiency, the CDC could be incorporated as a separate department reporting directly to the City Manager, in the same way that Fire, Police and Human Resources currently do. Looking at that model with the new department being focused on commercial/retail/industrial development, business retention and attraction, the question then arises of what to do with Section 8 housing, the Nutrition Center and CDBG. Section 8 housing and CDBG carry their own funding including funds for administration of the program. The population served by these programs more generally fits into the same population served by Community Services. These functions could merge into the Community Services Department. The Nutrition Center is an anomaly. Technically tax increment can fund the building and the program under the auspices of the low income housing programs. The Nutrition Center has been found to be of benefit to the Senior Towers and their residents. At the current time program funds are being provided by a loan of tax increment. If there is funding for the program and the staff, the Nutrition Center could also go under the Community Services Department. A second alternative would be to spin the Nutrition Center off as a separate non-profit organization. However, since there is no defined funding for the Nutrition Center program outside of tax increment, becoming self-sustaining might be difficult for the Center. A second alternative would be to merge the CDC into the City under the City Manager and not divide out any of the current functions. There are models where a Community Development Department or Agency 5 is under the City Manager and enconipasses as sub -divisions Redevelopment, Economic Development, Housing and Administrative Services. This model further defines two sub -divisions: Housing and Administrative Services. Housing would be responsible for all housing development, neighborhood services and Section 8 programs. Administrative Services would take on CDBG oversight and administration and potentially budget responsibilities for the Agency. This model would have the least amount of impact on other Departments. However, keeping the CDC separate and apart from the City would not promote the Council's desire for improved efficiency and effectiveness. PROCESS FOR CONSOLIDATION It is legally, fiscally and administratively feasible to reorganize and merge the CDC with the City. It is essential that should a merger take place it is done in such a way that the business of the CDC is not interrupted. The CDC is involved in several negotiations and the development community must be made to feel comfortable that any changes will not affect their projects in a negative way. A merger such as this will take time and further studies need to be done. Provided a classification and compensation study can be done in 6 months, a full merger could be accomplished by July 1, 2006. Administratively, the first part of the merger would be taking the appropriate actions by the City Council to ratify the new structure. The merging of the finance responsibilities would be the next step. This can begin with the Fiscal Year 2006-2007 budget. The budgets should be developed together taking time during the budget process for both sides to learn each other's systems, work out the chart of accounts and develop joint policies and procedures. Personnel is the most difficult part of the merger and will take the most amount of time. Because of the complexity of bringing at will staff into the civil service process and the issue of pay differentiation, a classification and compensation study must be done. The administrative changes of moving the CDC under the City Manager can be done within months of Council's decision. The change in staff's status from "at will" to civil service could be accomplished once the study is done at a later date. From the beginning open communication is essential. Staff from both the CDC and the City must be given the opportunity to ask questions and where appropriate give input into the transition. Another essential element during any transition time will be an emphasis on team building in those departments where staffs are merged. Any change brings its own problems, but they can be mitigated through communication and team building. This is especially important since not everyone is sure that a merger such as this is a good idea and there is a good deal of concern about loss of identity. There is also the fear 6 that the CDC will lose their ability to make deals and conduct their business without being hampered by too many rules and regulations. RECOMMENDATIONS Take appropriate City Council and CDC actions to complete the following: 1) Merge the administrative operations of the CDC into the City organization while maintaining the current CDC model for conducting the business of the Redevelopment Agency and Housing Authority. 2) Appoint the City Manager as Executive Director of the CDC. 3) Transfer all CDC staff into the City personnel system continuing "at will" status for certain management staff and bringing "rank and file" staff under appropriate public employee union representation. 4) Consolidate the financial management functions of the CDC into the City Finance Department. 5) Consolidate the personnel management functions of the CDC into the City Human Resources Department. 6) Solicit proposals to hire an outside contractor to conduct a CDC Comprehensive Compensation Analysis in order to equitably integrate existing represented and unrepresented positions into the City personnel system. 7) Solicit proposals to hire an outside contractor to prepare a CDC Reorganization Implementation Plan. 7 ITEM #29 1/17/06 NATIONAL *CITY • TRANSIT MONTHLY REPORT JANUARY-2006 Technolo2v 1. Our RCS radio system was fully operational (as of Dec 1st) and our fleet map (frequencies) has been made available to other County Agencies including those in NC. There have not been any surprises or problems relating to this project and it increases the safety of our employees and passengers. We have also returned some older 800MHz equipment to NC Purchasing Dept. for sale as surplus after we had the equipment de -programmed by Day Wireless Inc as part of the RCS installation agreement. 2. 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 lst quarter in 2006 at a bus stop location yet to be determined. PERFORMANCE DIVIDENDS MONTH DEC-04 NOV- 05 DEC-05 Ridership : 129,424* 141,971* 138,876* Passengers per mi. 3.26 3.66 3.36 Passengers per hr. 37.01 42.47 39.51 Revenue miles: 39,684 38,762 41,306 Revenue Hours: 3,497 3,343 3,515 Fare Box recovery (revenue vs. expense) 41.4% N/A** N/A** * One less weekday service day due to Holiday on Nov 24th (Thanksgiving) * One less weekend service day due to Holiday on Dec 25th (Christmas) ** Data delayed due to submission dates Ridership data for the first 6 months of FY06 (July -Dec) are up approx 5.7% over the same period in FY05 (860,553 vs. 814,230), a 7% increase over Dec 04 and another indication that NCT routes continue to provide an efficient and valued service to our highly Transit dependent Community. 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 D*vIDENbs MONTH DEC-04 NOV-05 DEC- 05 Road Calls 02 01 02 Preventable Accidents 02 0 0 Ramp deployments N/A* 639 521 Our on -time performance 94.3% 93.8% 94.2% Customer Complaints N/A* 0 0 Customer Compliments N/A* 0 01 *Data not previously tracked. Maintenance: NCT vehicles used 12,572 gallons of low sulfur diesel fuel in December. The average price per gallon was $2.03 in December, which was down from the November price of $2.28, and dramatically lower than the monthly cost (FY highest) recorded in October of $2.63. NCT maintenance personnel performed 14 Preventative Maintenance Inspections (PMI's) and made 21 minor repairs consisting of driver seat cushions, front shocks, tail lights, tires, window inserts and interior stickers. We also made 05 major repairs consisting of fuel pump, turbo chargers, brakes and ~adiator to our fleet vehicles in December. Community Collaboration NCT provided a bus for nineteen NC Seniors to attend an event on December llth at the Old Globe Theatre (Balboa Park) in conjunction with NC Community Services. NCT conducted our annual Food Drive from December 11th thru the 24th and Passengers who donated a non-perishable food item received a free ride in lieu of a cash fare. Last year we collected over 1,800 lbs and expect to exceed that amount this year as we expanded this program by an additional week (2 total). We will deliver the donated items to the Highland Ave Baptist Church Food Distribution Ministry (Dr. David Womack), which assists needy families in and around National City. 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 needs and meet operational transportation goals within the constraints of the current financial and operating environment." Phase II will focus on achieving long-term financial sustainability through creased ridership, productivity, and operational efficiency. MTS will be conducting another public outreach event on Wednesday, January 11th at the MLK (south room) from 4:30ptn to 6:30pm. NCT is sponsoring this event and will pay any MLK related fees and 2 _.cpenses as part of our special events budget. In addition MTS will be printing event flyers (take one's) that we will distribute on all of our buses to notify our passengers as their feedback and comments are very important in order to make the proposed route changes a success. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Business/Education and Public Safety Committees and I am extremely proud to serve as the NC Chamber of Commerce President through February 2006. I am also a participant on the NCPD Chief of Police advisory and safety camera/ procedures and policies committees. NCT is also committed to working with the National City Community and residents through direct participation in Community projects andorganizations as volunteers or sponsors. NCT is also willing to evaluate, and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. S bmitt d: Jan ry 5, 006 'rohn P. Web ter Sr. ice President -General Manager National City Transit 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■ Jan-05 0 Feb-05 0 Mar-05 IN Apr-05 ■ May-05 ■ Jun-05 0 Jul-05 ■ Aug-05 ■ Sep-05 ❑ Oct-05 ■ Nov-05 ■ Dec-05 Post 12/30/05 -1/11/06 TAKE ONE Community Meeting Proposed Changes to Metropolitan Transit System (MTS) Bus Services in National City This information will be made available in alternative formats upon request. To request this notice in an alternative format, please call (619) 231-1466. The Metropolitan Transit System operators adhere to a non-discrimination policy with regard to both services and facilities. MTS is conducting an analysis of all its bus and trolley services, to improve service efficiency and reduce travel times. A community meeting will be held by MTS in National City, to provide information to passengers, residents, and other interested individuals on proposed route and schedule changes (shown below). MTS will also be asking for community comments and feedback on the proposals at the meeting. Passengers, area residents, and other interested individuals are encouraged to attend the meeting. Date, time, and location of the community meeting is: January 11, 2006 4:30 — 6:30 p.m. MLK Community Center 140 East 12th St., National City, CA 91950 The MTS Board of Directors will hold a public hearing in February on the proposals and vote on approval of the changes. If approved, the proposed changes would take effect between June 2006 and January 2007, and the following routes would provide service within and through National City: ROUTE SERVICE 13 24th St. Trolley Station - Grantville, via 18th St, Euclid Ave, Eudid Ave. Trolley Station, the Green Line and Kaiser Hospital Grantville. 601 Replaced by Route 604, 605, 955 and 961. 602 Replaced by Routes 13, 605, 962 and 963. 603 Replaced by Routes 13 and 962. • • • 605 24th St. Trolley Station - Munda/Ridgewood, via 4th St. (both -directions). • 929 San Ysidro Border - Downtown San Diego, via Highland Ave. • 932 San Ysidro Border - 8th St. Trolley Station, via National City Blvd. • 955 8th St. Trolley Station - SDSU, via Eudid Ave Trolley Station and 54th St. • 961 24th St. Trolley Station - Plaza Bonita - Encanto/62nd St. Trolley Station, via 30th St., Parkside Ave., Woodman St. • 962 • 8th St Trolley Station - Spring Valley - Casa de Oro, via Potomac St, Reo Dr., Allegheny St., Plaza Blvd. (both directions). • 963 8th St Trolley Station - Plaza Bonita, via Plaza Blvd., Granger, Eudid Ave. • 604 24th St. Trolley Station - Ave St/Mariposa, via D St. and Division St. (both -directions). Significant other changes are also proposed for areas outside of National City. For more information about MTS route and schedule change proposals, please call (619)595-3711 or visit us online at www.sdcommute.cortl. • • • • spy=<€i 12130/0S -_1.? KUMUHA NG ISA Pagtitipon ng sambayanan para sa mungkahing pagbabago sa serbisyo ng bus ng Metropolitan Transit System (MTS) sa National City. Ang impormasyong ito ay maaaring makuha sa mapagpipiliang pormat Para humiling ng paunawang ito sa ibang pormat, tumawag lamang sa (619) 231-1466. Ang mga nangangasiwa ng MTS ay matapat na sumusunod sa patakarang hind/ pagpapakita ng pagtatangi o pagkiling hinggil sa serbisyo at pasilidad. Ang MTS ay nagsasagawa ng pagsusuri sa lahat ng serbisyo sa bus at troll (sasakyang pinatatakbo ng kuryente) para mapabuti ang pagbibigay ng serbisyo at mapabilis ang pagbibiyahe. (sang pagtitipon ang gaganapin sa may MTS sa National City para magbigay ng impormasyon sa mga pasahero, residente, at iba pang mamamayan na interesado sa mungkahing pagbabago sa ruta at talaorasan / iskedyul (ipinapakita sa ilalim).Sa pagtitipon, ang MT5 ay hihiling muia sa taong bayan ng pahayag o kuro-kuro tungkol sa mga mungkahi. Ang mga pasahero, residente, at iba pang mamamayan na interesado ay hinihimok na dumalo sa nasabing pagtitipon. Ang petsa, oras, at lugar ng pagtitipon ay: Ika-labing isa ng Enero, 2006 (January 11, 2006) Alas kwatro y media hanggang alas sais y media ng gabi (4:30 — 6:30 PM) Sa MLK Community Center 140 East 12th street National City, CA 91950 Ang mga Lupon ng triga Patnugot ng MTS ay magdaraos ng pampublikong pandinig sa Pebrero ukol sa mga mungkahi at pagbotohan angpag apruba ng mga pagbabago. Kung maaprubahan, ang mga mungkahing pagbabago ay isasagawa sa pagitan ng Hunyo 2006 at Enero 2007, at png sumusynod na mga ruta ay magbibigay ng serbisyo sa loob at sa buong National City: 13 24th St Trolley Station - Grantville, dadaan sa 18th St, Eudid Ave., Euclid Ave Troll Station, angGreen Line at Kaiser Hospital Grantville. - _ -- - Trolley 601 Papalitan ng Ruta 604, 605, 955, at 961. "" -"" -_ 602 Papalitan ng Ruta 13, 605, 962, at 963. 603 Papalitan ng Ruta 13 at 962. 604 24th St. Trolley Station - Ava St./Mariposa, dadaan sa D St. at Division St (parehong direksyon). _ 605 24th St Trolley Station - Munda /Ridgewood, dadaan sa 4th St. (parehong direksyon). 929 San Ysidro Border -Downtown San Diego, dadaan sa Highland Ave. 932 San Ysidro Border-8th St. Trolley Station, dadaan sa National City Blvd. 955 8th St. Trolley Station-SDSU, dadaan sa Eudid Ave. Trolley Station at 54th St. 961 24th St. Trolley Station - Plaza Bonita - Encanto/62nd St. Trolley Station, dadaan sa 30th St, Parkside Ave, Woodman St. — 962 _ 8th St Trolley Station - Casa de Oro, dadaan sa Potomac St., Reo Dr., Aileghany St., Plaza Blvd. (parehong direksyon). 963 8th St Trolley Station - Plaza Bonita - dadaan sa Plaza Blvd., Granger, Euclid Ave. Mga mahalagang pagbabago ay iminungkahi din sa mga Iugar sa labas ng National City. Para sa karagdagang impormasyon tunkol sa mungkahing pagbabago sa ruta at talaorasan/iskedyul ng MTS tumawag lamang sa (619) 595-3711 o kaya'y pumunta sa www.sdcommute.com. 1 • • 0 • • • Publicacicn del 12i30105—1111/06 TOME UNO Junta con la comunidad para tratar los cambios propuestos a los servicios de autobus del Metropolitan Transit System (MTS) en National City. Previa solicitud, esta information se proporcionara en diferentes formatos. Para solicitar este aviso en un formato alternativo, por favor, Ilame al (619)231-1466. Los operadores del Metropolitan Transit System se adhieren a una politica no discriminatoria con respect° a los servicios e instalaciones. El MTS esta Ilevando a cabo un analisis de todos sus servicios de autobus y Trolley para mejorar Ia eficiencia del servicio y reducir Ia duration de los viajes. El MTS Ilevara a cabo una junta con la comunidad en National City para propor- cionar information acerca de las rutas propuestas y los cambios en el horario (como se indica a continuation) a pasajeros, residentes y otras personas interesadas. El MTS tambian consultara a la comunidad para saber si hay comentarios sobre las propuestas que se realicen en Ia junta. Se invita a que pasajeros, residentes de la zona y otras personas interesadas asistan a Ia junta. La fecha, hora y lugar de la junta con la comunidad son: 11 de enero de 2006 de 4:30 a 6:30 p.m. MLK Community Center 140 East 12th St, National City, CA 91950 La Junta Directiva del MTS Ilevara a cabo una audiencia publica en febrero pera tratar las propuestas y votar la aprobacion de los cambios. En caso de ser aprobados, los cambios propuestos sedan efectivos entre junio de 2006 y enero de 2007, y las siguientes rutas prestar(an servicio dentro y a traves de National City: RUTA SERVICIO 13 Estaddn de Trolley de la calle 24 - Grantville, por la cane 18, Euclid Ave, Euclid Ave. Trolley Station, Green Line y Kaiser Hospital Grantville. 601 Reemplazada por las Rutas 604, 605, 955 y 961. 602 Reemplazada por las Rutas 13, 605, 962 y 963. _.-.....__.._ ._._.._..__._..-._.........,._ ._. 603 Reemplazada por las Rutas 13 y 962. 604 Estacidn de Trolley de la cane 24 -Ava St/Mariposa, por las calles D y Division (en ambas direcciones). 605 Estaci6n de Trolley de la cane 24 - Munda/Ridgewood, por la calle 4 (en ambas directions). 929 San Ysidro Border - Downtown San Diego, por Highland Ave. 932 San Ysidro Border — Estacidn de Trolley de la calle 8, por National City Blvd. 955 Estaddn de Trolley de la calla 8 - SDSU, por la estaddn de Trolley de Euclid Ave. y la cane 54. 961 Estacidn de Trolley de la calla 24 - Plaza Bonita - Encanto%station de Trolley de la calla 62, por la calle 30, Parkside Ave. y calle Woodman. 962 Estacl6n de Trolley de la calle 8 - Casa de 0ro, por la calle Potomac, Reo Dr., calle Alleghany y Plaza Blvd. (en ambas direcciones). 963 Estacidn de Trolley de la calla 8 - Plaza Bonita, por Plaza Blvd, Granger y Euclid Ave. Se propondran otros cambios significativos para areas fuera de National City. Si desea mas information acerca de las propuestas para cambiar las rutas y los horarios del MTS, (lame al (619) 595-3711 o visite nuestro sitio de Internet en vvww.sdcommute.com. Community Meeting Junta con la Comunidad Pagtitipon ng Sambayanan January 11, 2006 - 4:30 — 6:30 p.m. MLK Community Center, 140 East 12th St., National City, CA 91950 • • • • • • • • • • • ITEM #30 1/17/06 NATIONAL CITY PROGRESS REPORT November 1, 2005 - December 1, 2004 The mission of the Alpha Project is to empower individuals, families, and communities by providing work, recovery and support services to people who are motivated to change their lives and achieve self-sufficiency. Since October, 2004, Alpha Project has been working in National City providing outreach services to the City'a growing homeless population. Alpha Project's Take Back the Street Program provides the City of National City outreach and community services one day out of the week with a crew of three persona and one supervisor. Alpha Project's TBS program has assisted with homeless mitigation in National City with referrals, weed abatement, clearing homeless camps, outreach, and tree skirting or removal of trees and debris. Since the inception of the program, Alpha Project has been providing walking patrols in Kimball Park twice a day once, in the morning and in the afternoon. To date, Alpha Project has provided community revitalization/cleanup and outreach at the below sites. 11-03-05 - cleaning of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • CDC Building • 24th and Wilson (In & Out Burger), • 8th and Highland 11-10-05 - cleaning up of transients camps, weed and tree trimming, cutting brush, hauling debris to dump, • Kimball Park Outreach, • 99 Cent Store, • Behind Toys R Us, • Plaza Bonita walkway 11-17-05 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • River Bed adjacent to Plaza Bonita shopping mall 11-23-05 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • Palm and Division, • Kimball Park Outreach, • 8th and Olive, • Plaza and Euclid, • Plaza Bonita walkway, This month Alpha Project has been to the aforementioned locations at least four / five times each and some locations more than five times. We have cleaned and removed approximately 6.4 net tons of homeless camps, trash and debris. We have trimmed and skirted 12 trees. Alpha Project has provided outreached to 1 homeless men, women, and teens ranging from 15 to 68 years of age. Alpha Project has housed zero of those homeless people and offered services to all. About half of the homeless population that Alpha Project encounters in National City is from out of State. On average, contacts have been homeless from one day to 20 years. A portion of those people are on SSI, but refuse to get help. Approximately 75% of those offered services are on drugs and/or alcohol. Many collect cans and panhandle for money to buy food and support there drug or alcohol habit. The homeless of National City have been living underneath bridges, in the river beds, in the City's parks and recreation areas, flood water channels, churches, on -ramps, and in commercial and residential foliage. Alpha Project for the Homeless would like to thank the City of National City for the opportunity to collaborate with the City to provide meaningful solutions to its homeless dilemma. Of course, we could provide a more thlsfough outreach and community revit8H7ation if we had more than one day a week to provide said services. Attached, you will find numerous pictures that have been taken within the City demonstrating our work. r/( �uC�� n • cci, Community Projects Manager ti: �, ;.. � r. Ati