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Home My WebLink About2006 05-02 CC CDC AGENDA PKTAgenda Of A Regular Meeting National City City Council Agenda of a Regular Meeting Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — May 2, 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 and Community Development Commission (CDC) 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/Executive Director any matter that you desire the City Council or Community Development Commission Board 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 or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission 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 and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Ji- Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL PRESENTATIONS COUNCIL AGENDA 5/2/06 Page 2 1. Employee Service Recognition and Proclamation proclaiming Monday, May 15, 2006 as: "James A. Dredge Day" - 25 years — James A. Dredge, Equipment Maintenance Supervisor 2. Recognition - George Cameron as "Superintendent of the Year" for the San Diego/Imperial County School Districts 3. Presentation of a check for $27,556 to the City Council from the SDG&E Savings by Design Program for implementing energy efficiency strategies in the design of the National City Library 4. Presentation of a check for $15,703 to the City Council from the Regional Solid Waste Association for one-half year of the RSWA contract membership benefit for National City PROCLAMATION 5. Proclaiming, Wednesday, May 10, 2006 as: "LAW ENFORCMENT OFFICERS' MEMORIAL DAY" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 6. Approval of the minutes of the regular City Council/Community Development Commission meeting of March 7, 2006. (City Clerk) 7. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) COUNCIL AGENDA 5/2/06 Page 3 CONSENT CALENDAR (Cont.) 8. Resolution authorizing the City Engineer to establish red "No Parking" zones adjacent to the driveway at 1908 E. 17th Street. (A. Martinez, TSC Item No. 2006-08) (Engineering) 9. Resolution authorizing the City Engineer to establish "30 Minute Parking" zones in front of 1900 Wilson Avenue. (S. Gold, TSC Item No. 2006-07) (Engineering) 10. Resolution of the City Council of the City of National City directing the installation of streetlights on 3000, 3100 and 3200 blocks of Hoover Avenue. (Public Works/Building & Safety) 11. Resolution authorizing appropriation of Fiscal Year 2005/2006 Supplemental Law Enforcement Services Fund for $100,000.00 to the Police Department for purchase of three fully outfitted Police interceptors (Police) 12. WARRANT REGISTER # 39 (Finance) Ratification of Demands in the amount of $196,161.21. 13. WARRANT REGISTER # 40 (Finance) Ratification of Demands in the amount of $1,169,164.34. 14. WARRANT REGISTER # 41 (Finance) Ratification of Demands in the amount of $145,853.77. ORDINANCE FOR ADOPTION 15. An Ordinance of the City Council of the City of National City amending Subsection #1 of Ordinance #1673, and Subsection 2.42.040 (B) of the National City Municipal Code, pertaining to the disposal of surplus city property. (Purchasing) COUNCIL AGENDA 5/2/06 Page 4 PUBLIC HEARINGS 16. Public Hearing — Appeal of Planning Commission denial of a Conditional Use Permit for beer and wine sales for off -site consumption at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue. (Applicant: Saad Pattah) (Case File CUP-2005-6) (Planning) 17. Public Hearing — Amendment to the National City Downtown Specific Plan to include properties at the southeast corner of 11th Street and A Avenue in Development Zone 5B. (Applicant: Constellation Property Group, LP) (Case File No.: SP-2006-2) (Community Development Commission) 18. Public Hearing on the 2006-07 Annual Action Plan for the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. (City Manager) NON CONSENT RESOLUTIONS 19. Resolution — Amendment to the National City Downtown Specific Plan to include properties at the southeast corner of 11th Street and A Avenue in Development Zone 5B. (Applicant: Constellation Property Group, LP) (Case File No.: SP-2006-2) (Community Development Commission) 20. Resolution of the City Council of the City of National City approving the 2006-07 Annual Action Plan for the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) programs. (City Manager) 21. Resolution of the City Council denying a Conditional Use Permit application for a wireless communications facility on Sweetwater Union High School property at 2900 Highland Avenue. (Applicant: Cingular Wireless) (Case File No. CUP-2005-12) (Planning) NEW BUSINESS 22. City Budget Deliberations. Discussion of revenue projections and proposed budget cuts to balance budget. (City Manager) COUNCIL AGENDA 5/2/06 Page 5 NEW BUSINESS (Cont.) 23. Temporary Use Permit — Inflatable World at Westfield Plaza from May 13, 2006 to September 3, 2006 with no waiver of fees. (Building & Safety) 24. Temporary Use Permit — First 5 Kids Expo on July 22, 2006 from 10 a.m. to 2 p.m. at Kimball Park with no waiver of fees. (Building & Safety) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a 1,350 square foot mini -market and zone variance for less than required parking at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue. (Applicant: Saad Pattah) (Case File CUP-2005-6) (Planning) 26. Alpha Project Progress Report — February 2006 - March 2006 (Public Works) 27. Correspondence from Mr. Willard Cheng. (Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 04/05/06 through 04/20/06 of $206,634 (Community Development Commission/Finance) 29. Status Report — The Community Development Commission (CDC) contracted with Cornerstone Building Group to perform a health and safety code analysis of the playhouse on Plaza building, which was completed on February 22, 2006. (Community Development Commission) COUNCIL AGENDA 5/2/06 Page 6 NON CONSENT RESOLUTION 30. Resolution approving the issuance of owner participation letters related to the Green Village Project, located in the National City redevelopment project on four and one-half blocks bounded by Interstate 5, Plaza Boulevard, Roosevelt Boulevard and 8th Street. (Community Development Commission) NEW BUSINESS STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Alfredo Lopez, Ryan Hyland, Don Condon, Walter Amedee Employee Organization: Firefighters' Association ADJOURNMENT Next Regular City Council and Community Development Commission Meeting Tuesday — May 16, 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 5/2/06 EMPLOYEE SERVICE RECOGNITION AND PROCLAMATION PROCLAIMING MONDAY, MAY 15, 2006 AS: "JAMES A. DREDGE DAY" - 25 YEARS - JAMES A. DREDGE, EQUIPMENT MAINTENANCE SUPERVISOR City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE March 17, 2006 TO Lupe Lemus-Mancilla, Special Assistant to the Mayor Lavonne Watts, Executive Assistant II (City Manager's Office) FROM Lilia Munoz, Executive Assistant II SUBJECT : EMPLOYEE RECOGNITION The following City employee will complete his twenty-five years of service with the City of National City on March 25, 2006: NAME : JAMES A. DREDGE POSITION : EQUIPMENT MAINTENANCE SUPERVISOR HIRED : MARCH 25, 1981 As part of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, May 2, 2006. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The commendation letter, anniversary pin, and gift catalog will be sent prior to the presentation. Thank you. xc: Roberto Saucedo, PW/Special Projects Director James Dredge, Equipment Maintenance Supv, RECOGPRG.DOC-1 1 ® Recycled Paper I CITY OF NATIONAL CITY WHEREAS, James A. Dredge was hired by the City Of National City as a Equipment Mechanic on March 25, 1981 to repair the City's vehicular fleet; and WHEREAS, James A. Dredge worked diligently and attended the California Fire Mechanics Academy and the Automotive Service Excellence (ASE) Certification Program earning certifications as Certified Master Mechanic qualifying him to service the City's Fire Apparatus; and WHEREAS, James A. Dredge on April 7, 1988 was promoted to Equipment Maintenance Supervisor in recognition of his mechanical and supervisory skills; and WHEREAS, James A. Dredge excelled throughout his career and graciously donated his time to community activities such as Christmas In July, as a member of the Municipal Employees Association (MEA) Executive Board and has provided a fine example of leadership to his staff. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Monday, May 15, 2006 as: JAMES A. DREDGE DAY We call upon all citizens of National City to recognize Jim A. Dredge for his outstanding performance of duty and extend our sincere finest wishes for a joyful retirement. Ron Morrison Vice Mayor Nick Inzunza Mayor Frank Parra Councilmember ,ter' Rosalie G. Councilwom ITEM #2 5/2/06 RECOGNITION - GEORGE CAMERON AS "SUPERINTENDENT OF THE YEAR" FOR THE SAN DIEGO/IMPERIAL COUNTY SCHOOL DISTRICTS ITEM #3 5/2/06 PRESENTATION OF A CHECK FOR $27,556 TO THE CITY COUNCIL FROM THE SDG&E SAVINGS BY DESIGN PROGRAM FOR IMPLEMENTING ENERGY EFFICIENCY STRATEGIES IN THE DESIGN OF THE NATIONAL CITY LIBRARY Sa=% TRADESHOW SERVICES, LLC 17.5" 46" SDGE Sempra Energy utility - PAY TO THE ORDER OF' DATE MU, % 2. 2oo6 II7iCrC1�tiv*t io' eery I s 7 ze4 Seueu 744404 d 7ivequellted sex agd `0o MEMO: NON-NEGOTIABLE 27.5 6. DOLLARS SP44 Vier. 944 & Seeditee San Diego Gas & Electric ITEM #4 5/2/06 PRESENTATION OF A CHECK FOR $15,703 TO THE CITY COUNCIL FROM THE REGIONAL SOLID WASTE ASSOCIATION FOR ONE-HALF YEAR OF THE RSWA CONTRACT MEMBERSHIP BENEFIT FOR NATIONAL CITY REGIONAL SOLID WASTE ASSOCIATION (RSWA) JOINT POWERS P.O. BOX 780 POWAY, CA 92074-0789 Vat& March 28, 2006 16-49 274 1220 2740014822 National City ( $ 15,703.00 Fifteen Thousand Seven Hundred Three Dollars and 00/100 UNION BANK OF CALIFORNIA GOVERNMENT SERVICES SOUTH #274 'A �,,,,, 445 S. FIGUEROA ST., LOS ANGELES, CA 90071 0 800 798 6466 i1eI"IL a 000LO750 I: L 2 20004961: 27400148220 Viaillr 8 ITEM #5 5/2/06 CITY OF NATIONAL CITY l WHEREAS, our law enforcement officers are the guardians of life and property, defenders of the individual right to be free, warriors in the battle against crime, and are dedicated to the preservation of life and property; and WHEREAS, the dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and WHEREAS, in May of each year National Police Week is observed throughout the nation in order to recognize the hazardous work, serious responsibilities and strong commitment to our nation's peace officers; and WHEREAS, in conjunction with this special observance, May 10 is recognized as San Diego Law Enforcement Officers' Memorial Day in commemoration of those officers who have sacrificed their lives in the line of duty; and WHEREAS, these special observances provide an opportunity for the community to acknowledge the heroic men and women who have dedicated their lives to safeguarding public safety; and THEREFORE, as Mayor & C'ity Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Wednesday, May 10, 2006 as: LAW ENFORCEMENT OFFICERS' MEMORIAL DAY We call upon all citizens of National City to remember those individuals who gave their lives for our safety and who continue to dedicate themselves to making San Diego County a safer place to live. Ron Mon-ison Vice Mayor ativ Ca6inciln ep,-'ber Nick Inzunza Mayor Franarra Councils;:- .suer Rosalie G. Za Councilwoman ITEM #6 5/2/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF MARCH 7, 2006 (CITY CLERK) ITEM #7 5/2/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalia — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption • It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT May 2, 2006 ,MEETING DATE AGENDA ITEM NO. 8 ITEM TITLE Resolution Authorizing the City Engineer to establish red "No Parking" zones adjacent to the driveway at 1908 E. 17th Street (A. Martinez, TSC Item No. 2006-08). PREPARED BY Adam Landa Engineering EXPLANATION DEPARTMENT Ext. 4394 Ms. Ana Martinez, the owner of 1908 E. 17th Street, has requested the installation of red curb "No Parking" zones adjacent to her property's driveway. The reason for the request is that people from the neighborhood are parking their vehicles adjacent to her driveway. Thereby, the encroaching vehicles do not allow ingress and egress from her driveway. The Traffic Safety Committee approved three feet of red curb on both sides of her driveway, at their meeting on April 12, 2006. Environmental Review A N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution` L1 BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of April 12, 2006, approved the three feet of red "No Parking" zone adjacent to the driveway at 1908 E. 17th Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2006-08 A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE-FOOT RED CURB NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 1908 EAST 17TH STREET (A. Martinez, TSC ITEM NO. 2006-8) WHEREAS, Ana Martinez, the owner of 1908 East 17th Street, has requested the installation of red curb no parking zones adjacent to her driveway because parked vehicles• encroach into her driveway restricting ingress and egress from the property; and WHEREAS, at its meeting on April 12, 2006, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones on both sides of the driveway for the property located at1908 East 17th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three-foot red curb no parking zones on both sides of the driveway for the property located at 1908 East 17th Street. PASSED and ADOPTED this 2nd day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 12, 2006 ITEM NO. 2006-8 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB " NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1908 E. 171" STREET (BY: A. MARTINEZ, PHONE NO. 619/474- 7394) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Ms. Ana Martinez, the owner of 1908 E. 17th Street, has requested the installation of a red curb "No Parking" zone adjacent to her driveway. According to Ms. Martinez correspondence, vehicle from the neighborhood are parking next to her driveway and are not allowing egress and ingress. Staff investigated the site and agrees with the installation of the red curb. The approximate length will be 3 feet on each side of the driveway. STAFF RECOMMENDATION: Staff recommends the installation of 3' of red curb "No Parking" zone on each of her driveway located at 1908 E. 17th Street. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-8 Engineering Department 1243 National City Blvd National City, CA 91950 ATTN: Traffic Safety Committee March 14, 2006 The following written request is regarding the residence on 1908 East 17th St. in the city of National City. The residents at this address have been experiencing the inconvenience from unknown parked vehicles in front of the residence. Specifically the right side of the starting point of the curb; vehicles are being parked in front of the residence, past the driveway entrance causing us (the residents) unable to and fairly difficult way to exit/enter the driveway. In order to solve this frequent issue, painting the curb about 3 ft in length to avoid parked vehicles to occupy part of our driveway and make it less difficult to exit and enter our driveway. If any more information needs to be obtained please feel free to contact us. We look forward your response in regards to our request. Thank you. Ana Martinez orAn'a Martinez 1908 East 17t St. National City, CA 91950 Ph#619-474-7394 17th ST 18th LOCATION MA LAS PALAMAS ELEMENTAY SCffi9OL U cc 1T It w7 cam` c� Lai I, City of National City, California COUNCIL AGENDA STATEMENT May 2, 2006 .AEETING DATE 9 AGENDA ITEM NO. ITEM TITLE Resolution Authorizing the City Engineer to establish "30 Min. Parking" zones in front of 1900 Wilson Avenue (S. Gold, TSC Item No. 2006-07) . PREPARED BY Adam Landa EXPLANATION DEPARTMENT Engineering Ext. 4394. Mrs. Susana Gold, the owner of South Bay Leather Corp. located at 1900 Wilson, has requested the installation of a "30 Min. Parking" zone in front of her business. She stated in her correspondence, that vehicles from the neighborhood are parking there all day in front of her business leaving no parking for her customers. The Traffic Safety Committee approved the "30 Min." zone in front of 1900 Wilson Avenue at their meeting on April 12, 2006. Environmental Review v N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of April 12, 2006, approved the "30 Min. Parking" zone in front of 1900 Wilson Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2006-7 A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A 30-MINUTE PARKING ZONE BETWEEN THE HOURS OF 8:00 A.M. AND 4:00 P.M. AT 1900 WILSON AVENUE (S. Gold, TSC ITEM NO. 2006-07) WHEREAS, Susana Gold, the owner of South Bay Leather Corporation located at 937 East 8th Street, has requested the installation of a 30-minute parking zone between the hours of 8:00 a.m. and 4:00 p.m. in front of her business at 1900 Wilson Avenue because vehicles from the neighborhood occupy the available parking spaces all day leaving her customers without parking; and WHEREAS, at its meeting on April 12, 2006, the Traffic Safety Committee approved the installation of a 40-foot 30-minute parking zone between the hours of 8:00 a.m. and 4:00 p.m. in front of the business at 1900 Wilson Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish a 40-foot 30-minute parking zone between the hours of 8:00 a.m. and 4:00 p.m. in front of the business at 1900 Wilson Avenue. PASSED and ADOPTED this 2nd day of May, 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 APRIL 12, 2006 ITEM NO. 2006-7 ITEM TITLE: REQUEST FOR THE INSTALLATION OF "30 MINUTE PARKING" ZONE IN FRONT OF 1900 WILSON AVENUE (BY: S. GOLD, PHONE NO.619/336-4070) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mrs. Susana Gold, the business owner of South Bay Leather Corp. has requested by letter the installation of a "30 minute parking" zone in front of 1900 Wilson Avenue. She would like the City to approve the parking request to help with the parking situation. Mrs. Gold stated that the residents and other business workers are taking all of the parking and leaving no parking for her customers. Mrs. Gold desires that the signs state the following: "30-minute parking" between the hours of 8:00 a.m., and 4:00 p.m." The length will be approximately 40' . Staff has researched the site and found that this can be accommodated. STAFF RECOMMENDATION: Staff recommends approval for a 40' "30 minute parking" zone between the hours of 8:00 a.m. and 4:00 p.m. at 1900 Wilson Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-7 South Bay Leather Corp. 1900 Wilson Ave. National City, Ca. 91950 Engineering Department Attn: Traffic Safety Committee 1243 National City Blvd. National City, Ca 91950 To Whom It May Concern: We are contacting you for assistance in regards to the possibility of a locating private parking for our customers. South Bay Leather Corp., is a wholesale and retail leather business located at 1900 Wilson Ave., National City, Ca. 91950, because our walk in clientele need to be parked in front of the premises due to the nature of our merchandise that is heavy enough to be carried to long distances. Thanking you in advance for your kind consideration to this important matter we remain yours. Susana Gold P -,(161) LO ATIO W 18 /-1 SITE CHURCH City of National City, California COUNCIL AGENDA STATEMENT May 2, 2006 MEETING DATE AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of National City directing the installation of streetlights on the 3000, 3100 and 3200 blocks of Hoover Avenue. PREPARED BY Roberto Saucedo Kathleen Trees .EXPLANATION See staff report. DEPARTMENT Public Works A EXT.4580 Building & Safety 42510 CEnvironmental Review_ N/A MIS Approval Financial Statement The installation of the proposed lights would result in a net Approved By:` increase in the City's streetlight energy costs of $360 per year. This expenditure is covered with General Fund Revenues. Staff will include sufficient funds in the proposed FY 06-07 budget to cover this increase Account No. STAFF RECOMMENDATION 001-422-22 235 Finance Dir Adopt the Resolution directing the installation of the additional streetlights (three on SDG&E owned poles and two solar powered units). BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Mr. Thomas A. Homing letter dated March 23, 2006 2. Response letter to Mr. Horning dated April 12, 2006 Resolution No. 3. Street Light Policy A-200 (Rev. 7/03) Resolution of the City Council of National City directing the installation of streetlights on the 300, 3100 and 3200 blocks of Hoover Avenue. Staff Report On March 23, 2006 Mr. Tomas A. Homing, owner of Sweetwater Harley-Davidson located at 3201 Hoover Avenue, requested the installation of street lights on the 3000, 3100, and 3200 blocks of Hoover Avenue (see letter attached). After an investigation of the request, staff determined that installation of streetlight in this area is warranted to deter crime and improve the safety of the citizens doing business in and around the shops now under construction or planned in the near future. Specifically, staff recommends that five lights be installed to achieve this goal. Three of these lights could be installed (subject to SDG&E approval) on SDG&E owned poles located on the west side of Hoover Avenue within the -aforementioned blocks at 300 Ft intervals starting at the W. 30"' Street and Hoover Avenue intersection. Because there are no poles south of 3201 Hoover Avenue, staff further recommends that two solar powered lights be installed at the entrance to the Sweetwater River Channel Bike Path on W. 33td Street and Hoover Avenue and that Mr. Homing consider the installation a private light on his property (see response letter to Mr. Homing dated April 12, 2006). Upon approval by the City Council, and in accordance with Council Policy No. 706, staff will request SDG&E to install the three lights on their poles. The annual cost to energize these lights is estimated to be $120 per light (for a total of $360 per year). Staff will assure that adequate funding for these additional streetlights is contained in account 001-422-221-235 in next year budget (it will take two to three months for SDG&E to install the lights). The two solar powered lights would be provided and installed under State grant for alley lights administered by the Building and Safety Department. There would be no on going energy cost for these two lights. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DIRECTING THE INSTALLATION OF FIVE SOLAR POWERED STREETLIGHTS ON THE 3000, 3100 AND 3200 BLOCKS OF HOOVER AVENUE WHEREAS, Mr. Tomas A Horning, owner of Sweetwater Harley-Davidson located at 3201 Hoover Avenue, requested the installation of street lights on the 3000, 3100, and 3200 blocks of Hoover Avenue to promote safety, help deter crime, and hasten the development of the highest and best use of the area for the benefit of the City; and WHEREAS, after an investigation of the request, staff determined that installation of five solar powered streetlights that have no ongoing energy costs, are warranted in the area to improve the safety of the citizens doing business in and around the shops now under construction or planned in the near future; and WHEREAS, in accordance with Council Policy No. 706, SDG&E will be requested to install solar powered street lights on their three poles already in the subject area. The remaining two lights are to be provided and installed under a State grant for alley lights administered by the Building and Safety Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby directs the installation of five solar powered streetlights on the 3000, 3100, and 3200 blocks of Hoover Avenue. PASSED and ADOPTED this 2nd day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 �^�•THE SOUTHWEST CORNER of HARLFYICOUNTRY March 23, 2006 Mr. Roberto Saucedo Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950 HOOVER A NATIONAL CITY, CA 91950 re: 3000, 3100 and 3200 blocks of Hoover Avenue National City, CA sub: Street lighting Dear Roberto, As you know, there is presently no street lighting for the 3000, 3100 and 3200 blocks of Hoover Avenue. As you also know, the area is in the process of change with the advent of Penske and Sweetwater Harley-Davidson bringing more and more citizens, and more and more traffic, into those blocks creating more of a retail/commercial atmosphere with substantially later hours of operation, as opposed to the original industrial orientation. Because of this change in orientation, it has become more and more difficult to deal with the crime and safety issues that exist each day. Adequate street lighting would help deter marauders and vandals as well as helping citizens and visitors deal with trip and fall hazards Therefore, please consider this as our request for the installation of street lights, one at the corner of 30th & Hoover, a second where 31st would intersect Hoover, a third where 32nd would intersect Hoover and a fourth at 33rd and Hoover to promote safety, help deter crime, and hasten the development of the highest and best use of the area for the benefit of the City of National City. Please let me know your thoughts on this matter at your earliest convenience. TAH/hpc cc: Chris Zapata Respectfully, Sweetwater Harley-Davidson omas A. Horning, CEO 7: 4 V HAALEY-OAVIOSON PHONE 619-477-4477 • FAX 619-477-4470 1 ATTACHMENT 2 City of National City Department of Public Works 2100 Hoover Avenue, National City, CA 91950 (619) 336-4580 Fax: (619) 336-4594 April 12, 2006 Thomas A. Homing, CEO Sweetwater Harley -Davison 3201 Hoover Avenue National City, CA 91950 Re: Street Lighting Dear Mr. Homing: The purpose of this letter it to respond to your letter dated March 23, 2006 requesng the installation of street lights for the 3000, 3100 and 3200 blocks of Hoover Avenue (copy attached). We have investigated your request and concur with you that street lights are needed in said portion of Hoover Avenue. Therefore, we will recommend to the City Council, at their May 2, 2006 meeting, that staff be directed to request SDG&E to install three streetlights on the west side of Hoover Avenue within the aforementioned blocks at 300 foot intervals (approximately). In addition, we will recommend Council to direct staff to install two solar -powered streetlight at the entrance to the Sweetwater River Channel Bike Path on W. 33rd Street and Hoover Avenue. Please be informed, that once approved by SDG&E, the installation of the three street lights could take up to two months. The cost to energize these three lights will be bome by the City. These lights will provide lighting from West 30th Street to the railroad spur crossing just north of your property. Southerly of this crossing, the utilities have been undergrounded and there are no poles to place any other lights. Thus, the recommendation is to install two solar -powered street lights. These two lights will be funded via a State grant obtained by the City for use in areas that have been identified as having a high incidence of graffiti such as the bike path or in areas that require additional Tight to ensure the citizens' safety. The five street lights we will recommend the Council to approve will alleviate the situation considerably. There will be a segment of Hoover Avenue (from the spur crossing to W. 33rd Street) with no streetlights. We recommend, therefore, that you install a private light on your property to illuminate your frontage to compliment the lights we will request Council to approve. Our contact at SDG&E is Ms. Sue Button. You may reach her at 858-654-1218. 2 Tom Horning April 12, 2006 Page 2 Thank you for your interest in making this area of the City a better place to live, work and visit. If you have any questions regarding this matter, please call me at 336-4582. Sincerely, oberto Sa cedo, P.E. Director of Public Works and Special Projects RS/mla Attachment cc: Chris Zapata, City Manger Lin Wurbs, Assistant City Manger Kathleen Trees, Building &, Safety David Parson, Community Development Adam Landa, Engineering Jeff Servatius, Public Works 3 f CITY COUNCIL POLICY. ATTACHMENT 3 TITLE: STREET LIGHT POLICY POLICY NUMBER: 706 ADOPTED: February 24, 1987 AMENDED OR REVISED: January 17, 1989 Purpose Page 1 of 5 The establishment of criteria for street lighting in streets and alleys. Policy A. All signalized intersections shall be lighted by at least two and preferably four 250-watt HPS lights. B. That local streets and arterials and collector streets are as designated on the attached sheet. Such definitions are in accordance with the General Plan. C. That residential and commercial streets are as designated on the attached sheet which conforms with the National City General Plan. D. That the standard light for local residential streets shall be a 150-watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. Normally, lights will be placed on alternating sides of the street unless this practice is prohibited by power distribution pole location. In cases where streets end in cul-de-sacs, a light will be considered warranted if the closest street light is 300 or more feet away. E. That the standard street light for residential arterial and collector streets shall be a 200-watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. F. That the standard street light for commercial arterial and collector streets shall be a 200-watt High Pressure Sodium light and the standard interval between these lights shall be 400 feet. G. That present street lighting is considered to be appropriate ut specific requests by aresidents.notThis policy changedshall obe extended to include the replacement of existing lights with TITLE: CITY COUNCIL POLICY STREET LIGHT -POLICY ADOPTED : February 24, 1987 AMENDED OR REVISED: January 17, 1989 J- That staff is standards authorized to deviate from the above many additionalmuch as 100 feet in order to place mSany additiona will lights as practical at intersections• justification to Council be considered as requiring e above, mentioned in subparagraphhI — K• That staff is authorized to install or have installed upon resident request tet idsq a maximum of 120 which shouldhtper year for a padditional mentioned bring the p tot theof five years,dd herebytiin subparagraphs D,tE, a d to standards directed ensure above. Staff is these additional street lightsthat adequate funding for 001-422-221-235 budget submissions• contained in account similar or equal substitutes for alteration unless a Page 2 ofq 5 Department. has been made to the pePublic regorkt Department. The only exception to this Wthkt replacement of Mercury Vapor lights with High re that e. odiumVapor lights of approximately gh Pressman intensity is authorized. Y equal lumen H. That staff installed is authorized to cause lights to be at shorter intervals when, the additional light is warranted in theire opinion, characteristics of the particular curve, dense tree by the unusual growth location (vertical etc.y- POLICY NUMBER: 706 L. I• That if a resident re and is refusedrbyquests additional street lighting a with the detstaff, staff will provide the Council s denial of it within threeguestg d the basis for their working dnd ays. That requests for alleys willesstreet light installation in existing lleysnormally be denied unlessPublic SDG&E distribution therelyware hich can support the Poles in the alley which e requested street light. In the event thate are distribution poles in the alley, order the installation of a light if the established in staff paragraph D is met. criterion The requirement to CITY COUNCIL POLICY TITLE: STREET LIGHT POLICY POLICY NUMBER:706 ADOPTED: February 24, 1987 AMENDED OR REVISED: January 17, 1989 Page 3 of 5 notify City Council of denial of a street light request detailed in paragraph I also applies to requests for light installation in alleys. Any light ordered installed in an alley shall be a 150-watt High Pressure. Sodium Vapor (HPSV) lamp. 10 r TITLE: CITY UNCIL POLI CY STREET LIGHT POLICY ADOPTED: February 24, 1987AND ED OR REVISED: January 17; 1989 COMM ER C/AL National Cit RESIDENTIAL, Highland y Blvd, Plaza Boulevard (most) All other Eighth Street (most) 24th St. west of Highland 30th/Sweetwater Tidelands Avenue Road (most) Wilson Avenue Harbor Drive Hoover Avenue Euclid Avenue ue (Plaza-8th onl of rw Primarily desi Y, 16th residential use) gnated Street (primarily r residential use) 18th designated Street (primarily designated for residential use) R COLLECTO—`— �/AR T`r= Division Street LOCAL 4th Street 8th Street All other Plaza Boulevard 16th Street (N.C. Blvd to east city limit) 18th Street 24th Street(except Gast ctty limit Prospect Pt Grove to 30and east of Van Ness /Sweetwater Road (except of Hoover) Highland Avenue west National t Osborn S) Blvd. (including ng Tidelands lands Avenue Civic Center Drive POLICY NUMBER: 706 Page 4 of 5 CITY COUNCIL POLICY TITLE: STREET LIGHT POLICY POLICY NUMBER: 706 ADOPTED: February 24, 1987 AMENDED ORREVISED: January 17, 1989 Page 5 of 5 Harbor Drive Harbison Avenue (Division to 16th) Palm Avenue 19th Street (Tidelands to 1-5) Cleveland (Civic Center Drive to 24th) Wilson (Civic Center Drive to 24th) Coolidge (Plaza to 18th) Hoover (18th to 33rd) 33rd (Hoover to National City Blvd.) Roosevelt (Division to 16th) West Avenue Main Street "D" Avenue (Division to 30th) "L" Avenue (16th to 30th). Granger (18th to Leonard) Rachael (18th to 20th) Manchester Street Rer Drive (proposed Rt. 54 to Sweetwater) City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE 05/02/2006 AGENDA ITEM NO. 11 ITEM TITLE Resolution Authorizing Appropriation of FY 2005/2006 Supplemental Law Enforcement Services Fund for $100,000.00 to the Police Department for Purchase of Three Fully Outfitted Police Interceptors PREPARED BY Lt. Craig Boegler DEPARTMENT 336-4433 olice/Captain Leonard Knight EXPLANATION Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $100,000 as its share for fiscal year 2005/2006. These funds must be expended or encumbered by June 30, 2006, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. Continued on page 2) Environmental Review ✓ N/A Financial Statement There is no local match required for these funds There is no impact to the General Fund 208-411-506-511-0000 Account No. STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Council Agenda Statement Resolution Authorizing Appropriation of FY 2005/2006 Supplemental Law Enforcement Services Fund. Page 2 Explanation (Continued) In prior years, the County Auditor & Controller transferred the funds to the cities without first involving the Supplemental Law Enforcement Oversight Committee (SLEOC). As of last year, the statute requires the SLEOC to certify receipt of an approved expenditure plan from the. governing board of that agency, in this case either the Board of Supervisors or the City Councils. After the SLEOC approves the expenditure plan the funds will be transferred to the City. Proposal The Police Department requests approval to purchase three (3) fully outfitted Police Interceptors, black and white units to supplement its existing marked vehicle fleet. In light of the short timeframe, the Police Department requests the City Council waive the bid process and allow the Purchasing Department to piggyback off the State Contract. As allowed by Purchasing Ordinance #1480, Section 16, this award will be made as a result of competitive bids awarded by the State of California. It is requested that City Council waive the formal bidding requirements, as allowed in Section 12a4 of the Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, which states that the Purchasing Agent may dispense with the requirements of bidding: "When the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure". The Police Department further requests that any funds not expended for the purchase of the three (3) fully outfitted police interceptors be expended for Homeland Security Equipment purchases. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF 2005/2006 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS IN THE AMOUNT OF $100,000 TO THE POLICE DEPARTMENT FOR PURCHASE OF THREE FULLY -OUTFITTED POLICE INTERCEPTORS WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide Supplemental Law Enforcement Services Funding (SLESF) for public safety purposes; and WHEREAS, under the State COPS program, the City of National City was allocated $100,000 as its share for Fiscal Year 2005/2006, which must be expended or encumbered by June 30, 2006; and WHEREAS, the City Council must designate an eligible public safety program for which the annual fiscal year COPS grant will be appropriated in order to receive such grant; and WHEREAS, pursuant to the recommendation of the Police Department, the City Council has determined that the purchase of three fully -outfitted Police Interceptors is an appropriate expenditure of said grant funds, with any remaining funds to be expended for Homeland Security equipment purchases; and WHEREAS, because funds must be utilized by June 30, 2006, it is recommended that the bidding process be waived pursuant to National City Municipal Code Section 2.60.220(D), which states that the Purchasing Agent may dispense with the requirements of bidding when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity without compliance with the bidding procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the anticipated grant funds of $1000,000 in FY 2005/2006 SLESF funding to Account #208-411-506-511-0000 for three fully - outfitted Police Interceptors, with any remaining funds to be expended for Homeland Security equipment purchases. PASSED and ADOPTED this 2nd day of May, 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, 111 City Attorney .EETING DATE MAY 2, 2006 ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT WARRANT REGISTER #39 PREPARED BY DEPARTMENT Finance EXPLANATION AGENDA ITEM NO. 12 City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #39 per Government Section Code 37208. 7-4) CEnvironmental Review Financial Statement Not applicable. N/A >STAFF RECOMMENDATION Approved By: Budget &':Invest1nt Iger Account No. I recommend ratification of these warrants for a total of $ 196,161.21 BOARD / COMMISSIONS ECOMMDATION ATTAcHMNTA R44iir,MP#Aelow 2. Workers Comp Warrant Registers dated 3/29/06 3. Resolution No. A-200 (9'99i Payee I.M.P.A.C. GOVERNMENT SVCS AAA RADIATOR WAREHOUSE ACCOUNTEMPS ADAMSON POLICE PRODUCTS ADVANCE REPROGRAPHICS AIRGAS-WEST ALPHA PROJECT FOR THE HOMELESS AMERICAN FORENSIC NURSES ARROYO BROTHERS BANK OF AMERICA City of National City WARRANT REGISTER # 39 4/4/2006 Description. ACCT# 4055016000203374 AUTOMOTIVE PARTS (RADIATORS, HEA 1 TEMP SRVCS MARY-JO REBELEZ W/E 03/1 SAFETY VESTS, SECOND CHANCE MONA REPRO - OCE DIGITAL BOND COPY MOP 45714 - EAR PLUGS/GLOVES ALPHA PROJECT FOR THE HOMELESS FO SUSPECT BLOOD WITHDRAWALS, URINE UPHOLSTER FULL SIZE BENCH SEAT IN CREDIT CARD PAYMENT#7172 BARRETT ENGINEERED PUMPS INC. FLAP VALVE ASSY 6" BC NEO BDS ENGINEERING INC BOYD BUTLERS MILL, INC. C W REED JR CA ASSO OF CODE ENFORCEMENT SERVICES 11/1/05 THRU 12/01/05 RETIREE HEALTH BENEFITS APR 2006 MOP 45695 - SIGNS RETIREMENT 2000964-890 APR 2006 MEMBERSHIP FOR CACEO - SALVADOR C CALIFORNIA COMMERCIAL SECURITY MOP 45754 - PADLOCK CHEVRON USA, INC. CHILDREN'S HOSPITAL CHOICEPOINT CINGULAR WIRELESS CITY OF CHULA VISTA MOP 45699 - CITY GAS CARDS CHILD SEXUAL ABUSE EXAMS AS NEEDI AUTO TRACK DATABASE - UNLIMITED A CINGULAR WIRELESS SERVICE#00455185' ANIMAL SHELTER COSTS FOR FY 06 chk no chk date amnun 207490 3/29/2006 303.85 207491 4/4/2006 56.71 207492 4/4/2006 1,480.00 207493 4/4/2006 2,157.94 207494 4/4/2006 73.49 207495 4/4/2006 170.75 207496 4/4/2006 3,964.26 207497 . 4/4/2006 1,220.00 207498 4/4/2006 483.18 207499 4/4/2006 1,328.86 207500 4/4/2006 576.24 207501 4/4/2006 3,044.80 207502 4/4/2006 145.00 207503 4/4/2006 75.64 207504 4/4/2006 981.51 207505 4/4/2006 75.00 207506 4/4/2006 59.06 207507 4/4/2006 364.80 207508 4/4/2006 3,711 00 207509 4/4/2006 100.00 207510 4/4/2006 621.73 207511 4/4/2006 16,520. 82 CITY OF NATIONAL CITY CLF WAREHOUSE CORPORATE EXPRESS COUNTY OF SAN DIEGO D-MAX ENGINEERING INC D-MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING DATA TICKET INC DATA TICKET INC DEFRATIS DELL MARKETING CORP DICERCHIO DIXIELINE LUMBER CO. DSI, EXTREME EDCO DISPOSAL CORPORATION ENTERPRISE GROUP ESPIRITU EWERT, PHILLIP EXPRESSTEL FEDEX FLAMINGO RESORT HOTEL FLEET SERVICES, INC FRAZEE PAINT & WALLCOVERINGS GIBBS GUY DANTE CHEMICAL SERVICES HAMILTON HOLLOWAY, WILLIAM HOME DEPOT/GECF HORIZON HEALTH EAP INTL. TRAINING RESOURCES, LTD PETTY CASH 207512 INV#4-155796 #P 103113 CUP ASSY 207513 MOP 45704 RACK LTUR 12 PKT 207514 AIR POLLUTION CONTROL DISTRICT 207515 T&A#930 CYPRESS GLEN CONDO PROJEC 207516 T&A#949 TOWN AND COUNTRY MALL PR FABRICATE REAR BUMPER FOR FIRE EN( FEB 2006 PARKING CITATIONS PROCESSI JAN 2006 PARKING CITATIONS PROCESSI RETIREE HEALTH BENEFITS APR 2006 STATE ENVIRONMENTAL FEE RETIREE HEALTH BENEFITS APR 2006 MOP 45707 TOOLS AND SUPPLIES COMMUNITY COMPUTER PROJECT EL TC HARBISON CLEAN UP DUMPSTER COPY PAPER MEALS/ESPIRITU RETIREE HEALTH BENEFITS APR 2006 LONG DISTANCE SERVICES AS NEEDED I GOLF COURSE AUDIT LODGING/ESPIRITU MOP 67804 REGISTRATION/MECHANICS MOP 45713 - PAINT TIPS EDUC RE1MBURSEMENT LO-TEMP PREMIUM DETERGENT 5 GAL RETIREE HEALTH BENEFITS APR 2006 RETIREE HEALTH BENEFITS APR 2006 NAIL ST PK EMPLOYEE ASSISTANCE PROD FEB 2006 TUITION/TELLEZ 4/4/2006 829.80 4/4/2006 88.18 4/4/2006 891.30 4/4/2006 256.00 4/4/2006 2,352.50 207517 4/4/2006 445.00 207518 4/4/2006 732.70 207519 4/4/2006 7,434.00 207520 4/4/2006 6,716.50 207521 4/4/2006 120.00 207522 4/4/2006 1,348.18 207523 4/4/2006 70.00 207524 4/4/2006 222.54 207525 4/4/2006 28.00 207526 4/4/2006 758.00 207527 4/4/2006 207528 4/4/2006 207529 4/4/2006 207530 4/4/2006 207531 4/4/2006 207532 4/4/2006 207533 4/4/2006 207534 4/4/2006 207535 4/4/2006 207536 4/4/2006 207537 4/4/2006 207538 4/4/2006 207539 4/4/2006 207540 4/4/2006 207541 4/4/2006 1,073.19 163.00 160.00 15.12 19.21 333.00 30.00 434.34 110.00 154.63 100.00 150.00 265.49 902.16 530.00 JUDD ELECTRIC EMERGENCY REPAIRS TO THE BAY MAR 207542 4/4/2006 11,062.00 KAMAN INDUSTRIAL TECHNOLOGIES BALL BEARING FLANGE UNIT 207543 4/4/2006 1 15.94 KIMBLE RETIREE HEALTH BENEFITS APR 2006 207544 4/4/2006 300.00 KINKO'S NATIONAL 7 GRANT SURVEY BOOKS AS PER ATTAC 207545 4/4/2006 196.75 LASER SAVER INC MOP 45725 HP 4000/4050 COMPATIBLE 207546 4/4/2006 80.76 LEXIS-NEXIS NATIONAL CITY CODE PRINT SUPP #14 207547 4/4/2006 441.55 MAIN ST. ANIMAL HOSPITAL VET CARE FOR POLICE K9 DOGS AS NEEI 207548 4/4/2006 232.23 MASON'S SAW & LAWNMOWER SRVC MOP 45729 - BLADES 207549 4/4/2006 384.50 MATIENZO RETIREE HEALTH BENEFITS APR 2006 207550 4/4/2006 100.00 MCCABE RETIREE HEALTH BENEFITS APR 2006 207551 4/4/2006 280.00 MYERS RETIREE, HEALTH BENEFITS APR 2006 207552 4/4/2006 140.00 N & U TRUCKS & AUTO RECYCLING LABOR 207553 4/4/2006 152.75 NAPA AUTO PARTS MOP 45735 OIL FILTERIQT 10W30 207554 4/4/2006 398.92 NEXUS INTEGRATED SOLUTIONS ANNUAL MAINTENANCE FOR TELECOM 207555 4/4/2006 1,701.36 NEXUS IS, INC. MOVE, ADD AND CHANGE PHONE LINES 207556 4/4/2006 480.00 NOSAL, WILLIAM A. RETIREMENT SETTLEMENT FOR APRIL 2( 207557 4/4/2006 921.86 OFFICE TEAM TEMP SRVCS HARROD JILL A W/E 03/10/01 207558 4/4/2006 739.20 ONE SOURCE DISTRIBUTORS MOP 67256 - STOCK FOR CIVIC CENTER 207559 4/4/2006 451.61 PARTS PLUS AUTOSTORE #713 MOP 64946 - THERMO QUIET METALIC 207560 4/4/2006 51.48 PAUU RETIREE HEALTH BENEFITS APR 2006 207561 4/4/2006 340.00 PEACE OFFICERS RESEARCH PORAC/PEACE OFFICER RESEARCH ASSC ' 207562 4/4/2006 80.00 PERRY FORD MOP 45703 - WHEEL ALIGNMENT 207563 4/4/2006 64.11 PORAC LEGAL DEFENSE FUND LEGAL DEFENSE FUND FOR RESERVE OF 207564 4/4/2006 96.00 POTTER RETIREE HEALTH BENEFITS APR 2006 207565 4/4/2006 150.00 PROCI-IEM SPECIALTY PRODUCTS INC 401 125LB FIBER DRUM SUPER WASH. 207566 4/4/2006 190.99 PRUDENTIAL OVERALL SUPPLY MOP 45742 - MOPS 207567 4/4/2006 542.50 RANDOLPH RETMB FOR RETURNED CI-IECK CHARGE: 207568 4/4/2006 50.00 RAY RETIREE HEALTH BENEFITS APR 2006 207569 4/4/2006 190.00 ROMAN'S TRUCK BODY & PAINT MATERIALS TO REPAIR SENIORS BUS 207570 4/4/2006 2,223.99 RUI7 RETIREE HEALTH BENEFITS APR 2006 207571 4/4/2006 310.00 S.D. COUNTY SHERIFF'S DEPT. CAL -ID PROGRAM COSTS FOR FY 2006 207572 4/4/2006 8,709 50 SAN DIEGO ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SBC/MCI SBC/MCI SHORT, CRA1G SMART & FINAL SOUTHERN CALIF TRUCK STOP STARTECH COMPUTERS SUNGARD PENTAMATION INC TASER INTERNATIONAL, INC. TELLEZ THE BAY PARK HOTEL THE LIGHTHOUSE, INC. THE STAR .NEWS TREES U.S. HEALTHWORKS UNITED PARCEL SERVICE UNITED PARCEL SERVICE UNITED PARCEL SERVICE UNITROL/STINGER SPIKE SYSTEMS VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT ZAI'ATA WESTINGHOUSE TYPE J FRAME 3 POLE 2: ELECTRIC BILL/FACILITIES#86482714057 ELECTRIC BILL/FACILITIES#94282909927 ELECTRIC BILL/FACILITIES#68199629265 SUNDRY/TRACT "C" ELECTRIC BILL/STREET#76860974845 ELECTRIC B1LL/FACILITIES#10439934345 ELECTRIC BILL/FACILITIES# 10441036857 ELECTRIC BILL/STREET#07385071072 VOICE AND DATA #619 477.6232 981 9 SBC COMMUNICATION ACCT#619-336-13: RETIREE HEALTH BENEFITS APR 2006 MOP 45756 MATERIALS AND SUPPLIES MOP 45758 - DIESEL MOP 61744 WESTERN DIGITAL WD800JD RENEWAL ENCOMPASS TASER REPAIRS, M26 HANDLE BLACK TC MEALS/MILEAGE/TELLEZ LODGING/LT JOSE TELLEZ MOP 45726 - SOLENOID LEGAL ADVERTISING APR 2006 REIMBURSEMENT FOR CIVIL ENG CERTII MEDICAL SERVICES UPS SHIPMENT UPS SHIPMENT UPS SHIPMENT LABOR TO REPAIR CONTROLLER MOP 46453 -BACKFLOWS CTIYWIDE GRAFFITI PAINT BUSINESS MEETING 207573 4/4/2006 431.00 207574 4/4/2006 6,550.35 207575 4/4/2006 6,495.95 207576 4/4/2006 3,147.24 207577 4/4/2006 2,699.19 207578 4/4/2006 1,309.86 207579 4/4/2006 1,022.69 207580 4/4/2006 766.09 207581 4/4/2006 123.97 207582 4/4/2006 58.48 207583 4/4/2006 85.58 207584 4/4/2006 300.00 207585 4/4/2006 99.79 207586 4/4/2006 185.25 207587 4/4/2006 58.14 207588 4/4/2006 8,918.44 207589 4/4/2006 150.00 207590 4/4/2006 311.06 207591 4/4/2006 544.50 207592 4/4/2006 41.09 207593 4/4/2006 240.88 207594 4/4/2006 125.00 207595 4/4/2006 175.00 207596 4/4/2006 118.91 207597 4/4/2006 24.66 207598 4/4/2006 12.80 207599 4/4/2006 100.00 207600 4/4/2006 300.77 207601 4/4/2006 484.53 207602 4/4/2006 89.84 ZIETLOW, DAVID RETIREE HEALTH BENEFITS APR 2006 207603 4/4/2006 150.00 ZUMAR INDUSTRIES 2" CAP FOR SQUARE POST 207604 4/4/2006 408.26 ASSOCIATED TOWING TOWED BUS # 6013 NEWFLYER 1105832 Fl 207605 4/4/2006 270.00 BAYSHORE TRANSIT MGMT INC PAYROLL CK DTD 03/24/06 207606 4/4/2006 49,645.35 CALIFORNIA COMMERCIAL SECURITY REMOVE CAMERA FOR GARAGE WALL. 207607 4/4/2006 150.00 CINTAS CORPORATION #694 MAINT. LAUNDRY SERVICE 207608 4/4/2006 128.34 DHL EXPRESS (USA) INC. SHIPPING CHARGES 207609 4/4/2006 45.71 DIX1ELINE LUMBER CO BLUE PAINT FOR BUS BENCHES 207610 4/4/2006 163.45 NATL CITY CHAMBER OF COMMERCE ADVERTISING - AUTO HERITAGE DAY 8/( 207611 4/4/2006 300.00 NEW FLYER PARTS BUS PARTS AS NEEDED FOR FY06 207612 4/4/2006 737.67 RITEC INDUSTRIAL PRODUCTS 2035-DA DZ STICK -A -ROUND MULBERRY 207613 4/4/2006 147.00 SAN DIEGO TRANSIT CORPORATION BUS PASSES FY06 207614 4/4/2006 30.00 SOUTH COAST MEDICAL CLINIC PRE -EMPLOYMENT - ERWIN MIRADOR 207615 4/4/2006 144.00 THE LIGHTHOUSE G/E57 MIN LAMP # 25591-G/EH4666 HEADI 207616 4/4/2006 85.12 TIIE LIGHTHOUSE, INC. MAINT. SUPPLIES 207617 4/4/2006 56.57 THE STAR NEWS VISIONS 2006 - NCT AD 207618 4/4/2006 601.20 Workers compensation checks Total 5183,459.21 11429 3/29/2006 . 11.69 11430 3/29/2006 133.20 11431 3/29/2006 467.92 11432 3/29/2006 919.45 11433 3/29/2006 4,511.82 11434 3/29/2006 495.00 11435 3/29/2006 59.29 11436 3/29/2006 2.00 11437 3/29/2006 497.03 11438 3/29/2006 235.26 11439 3/29/2006 32.63 11440 3/29/2006 181.78 11441 3/29/2006 22.18 Tidal 11442 3/29/2006 38.50 11443 3/29/2006 38.50 11444 - 3/29/2006 98.99 11445 3/29/2006 148.41 11446 3/29/2006 47.60 11447 3/29/2006 83.94 11448 3/29/2006 59.29 11449 3/29/2006 195.45 11450 3/29/2006 150.00 11451 3/29/2006 350.91 11452 3/29/2006 82.44 11453 3/29/2006 45.24 11454 3/29/2006 108.27 11455 3/29/2006 49.89 11456 3/29/2006 45.24 11457 3/29/2006 438.00 11458 3/29/2006 157.62 11459 3/29/2006 47.50 11460 3/29/2006 60.57 11461 3/29/2006 79.26 11462 3/29/2006 122.19 11463 3/29/2006 131.17 11464 3/29/2006 1,290.30 11465 3/29/2006 400.00 11466 3/29/2006 400.00 11467 3/29/2006 370.00 11468 3/29/2006 5.55 11469 3/29/2006 32.30 11470 3/29/2006 55.62 812,702.00 6 Total Grand Total 183,459.21 $196,161.21 TRANSIT WARRANTS CHECK 1'/ 207605-207618 CHECKS 14 TOTAL $52,784.47 City of National City WARRANT REGISTER #39 4/4/2006 001 GENERAL FUND 55,778.04 105 PARKS MAINTENANCE FUND 681.64 109 GAS TAXES FUND 408.26 111 P.O.S.T. FUND 3,210.42 125 SEWER SERVICE FUND 15,116.48 131 ASSET FORFEITURE FUND 1,348.18 136 TINY TOT CLASSES FUND 81.36 172 TRASH RATE STABILIZATION FUND 3,964.26 198 PROPERTY EVIDENCE SEIZURE 303.85 212 PERSONNEL COMPENSATION FUND 4,908.37 253 RECREATIONAL ACTIVITIES FUND 636.17 301 GRANT-C.D.B.G. 717.20 302 CDC PAYMENTS 360.32 348 STATE GRANT 73.49 552 TDA 52,784.47 626 FACILITIES MAINT FUND 19,638,58 627 LIABILITY INS. FUND 12,702.00 628 GENERAL SERVICES FUND 2,097.83 629 INFORMATION SYSTEMS MAINTENANC 9,398.44 631 TELECOMMUNICATIONS REVOLVING 2,510.27 632 GENERAL ACCOUNTING SERVICES 1,570.38 643 MOTOR VEHICLE SVC FUND 5,073.70 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 2,797.50 TOTAL 196,161.21 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 2ND OF MAY 2006. AYES NAYS ABSENT .FETING DATE MAY 2, 2006 (-ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 WARRANT REGISTER #40 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 ./ Ratification of Warrant Register #40 per Government Section Code 37208. 2) CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Pam. Budget & Investment Manage Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,169,164.34 BOARD / COMMISSION_ RE COMMENDATION ATTA¢H T&t R€5iiAeS aelow ) 2. Workers Comp Warrant Registers dated 4/5/06 3. Payroll Register dated 4/5/06 Resolution No. A-200 (9 99) Payee AAA RADIATOR WAREHOUSE ACCOUNTEMPS ALEX ALVARADO ALLEN BANK OF AMERICA BEST BUY City of National City WARRANT REGISTER # 40 4/11/2006 Description AUTOMOTIVE PARTS (RADIATORS, HEATER TEMP SRVCS MARY-JO REBELEZW/E 03/24/06 REFUND VOIDED CITATION #NC251011010 125 PLAN REIMBURSEMENT CREDIT CARD PAYMENT 4847-4573 PURCHASE OF COMPUTER PROGRAM BLACKIE'S TROPHIES AND AWARDS MOP 67727 NAME TAGS BOHDAN & DOUCETTE LLP BOOT WORLD CAPF PROFESSIONAL SRVCS RENDERED THRGH MAR MOP 64096 SAFETY BOOTS FIRE/LTD APRIL 2006 CALIFORNIA COMMERCIAL SECURE MOP 45754 - PROXIMITY READER CALIFORNIA LAW ENFORCEMENT PD/LTD APRIL 2006 CEB CEB CHRISTIANSEN JEFFERSON'S CA EVIDENCE BENCHBOOK 2006 CA ADMINISTRATIVE MANDAMUS 2006 EDUC REIMBURSEMENT FOR CHRISTIANSEN M. CLAIMS MANAGEMENT ASSOCIATE LIABILITY CLAIM COSTS/PEREZ CLEAN HARBORS COMFORT INN/MONTEREY BAY CONCHA, ALEXANDER CORPORATE EXPRESS D-MAX ENGINEERING INC DAILY JOURNAL CORPORATION DELTA DENTAL DELTACARE (PMI) HAZARDOUS WASTE PICK UP FOR FISCAL YEAR HOTEL RESERVATION REFUND CITATION NCI 51107034 DISMISSED MOP 45704 OFFICE SUPPI T&A# 1051 225 W 30TH STREET SECOND REVIEW ANNUAL SUBSCRIPTION RENEWAL DENTAL INS APRIL 2006 DENTAL INS PMI APRIL 2006 chk no chk date amount 207619 4/11/2006 54.79 207620 4/11/2006 1,480.00 207621 4/11/2006 110.00 207622 4/11/2006 87.20 207623 4/11/2006 50.00 207624 4/11/2006 107.74 207625 4/11/2006 21.55 207626 4/11/2006 8,190.00 207627 4/11/2006 434.10 207628 4/11/2006 624.00 207629 4/11/2006 337.98 207630 4/11/2006 1,618.50 207631 4/11/2006 136.33 207632 4/11/2006 102.93 207633 4/11/2006 350.00 207634 4/11/2006 329.00 207635 4/11/2006 990.00 207636 4/11/2006 237.57 207637 4/11/2006 60.00 207638 4/11/2006 279.59 207639 4/11/2006 1,105.00 207640 4/11/2006 80.82 207641 4/11/2006 13,956.74 207642 4/11/2006 3,276.49 ORCUTT PEREZ DEPARTMENT OF TRANSPORTATIOI' HIGHWAY LIGHTING FOR FISCAL YEAR 2006 207643 4/11/2006 959.23 DIXIELINE LUMBER CO. MOP 45707 - BOARDUPS 207644 4/11/2006 1,027.50 DOW EDUCATIONAL REIMBURSEMENT/TIM DOW 207645 4/11/2006 490.00 DREW FORD MOP 49078 - PARTS FOR VEHICLE #437 207646 4/11/2006 301.92 FEDEX FEDEX STANDARD OVERNIGHT TRANSPORTATII 207647 4/11/2006 148.22 FORTIS BENEFITS VTL APRIL 2006 207648 4/11/2006 2,592.99 HARRIS & ASSOCIATES T&A#951 PARADISE WALK 8TH STREET PROJECT 207649 4/1 1/2006 731.50 HARRIS & ASSOCIATES T&A#930 CYPRESS CLEN CONDO MAP CHECKING 207650 4/11/2006 676.50 HEALTH NET HEALTH INS APRIL 2006 57135A 207651 4/11/2006 62,614.59 HEALTH NET HEALTH -ELECT INS APRIL 2006 85027A 207652 4/11/2006 2,999.98 HEALTH NET HEALTH RET INS 57135F APRIL 2006 207653 4/11/2006 2,543.09 HEALTH NET HEALTH NET 85027B APRIL 2006 207654 4/11/2006 514.01 HEALTH NET HEALTH NET 57135J APRIL 2006 207655 4/11/2006 471.80 HILARIO, DANILO REFUND FOR CITATION #NC150412030 OVERPMT 207656 4/11/2006 30.00 HOLLIS ADVANCED WARRANT FOR TRAVEL EXPENSES 207657 4/11/2006 200.00 HUNTER'S NURSERY INC. MOP 45719 - TREE 207658 4/11/2006 70.04 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - COVERS 207659 4/11/2006 49.07 INFRASTRUCTURE ENGINEERING T&A#950 PACIFIC VIEW ESTATES MAP CHECK 207660 4/11/2006 1,868.90 INFRASTRUCTURE ENGINEERING T&A#973 H & H TOWNHOUSES MAP CHECK 207661 4/11/2006 154.85 JACKSON REFUND CITATION NCI50823040 DISMISSED 207662 4/11/2006 80.00 KAISER FOUNDATION HEALTH PLAT KAISER INS ACTIVE APRIL 2006 207663 4/11/2006 107,740.31 KAISER FOUNDATION HEALTH PLAT KAISER INS RETIREES APRIL 2006 207664 4/11/2006 616.38 LANGUAGELINK TRANSLATION SRVCS-CTS PROJECT 207665 4/11/2006 305.00 LASER SAVER INC MOP 45725 TONER HP 8100 COMPATIBLE 207666 4/11/2006 134.63 LOPEZ INTERPRETATION SRVCS ON 4/04/06 207667 4/11/2006 100.00 MAGGIORA 125 PLAN REIMBURSEMENT 207668 4/11/2006 235.00 MATLOCK EDUC REIMBURSEMENT/MATLOCK 207669 4/11/2006 173.73 NAPA AUTO PARTS MOP 45735 - FUEL FILTERS 207670 4/11/2006 130.73 ONE SOURCE DISTRIBUTORS MOP 67256 - LIGHTS 207671 4/11/2006 117.42 125 PLAN REIMBURSEMENT 207672 4/11/2006 442.50 LIABILITY CLAIM COSTS 207673 4/11/2006 1,750.00 2 PERRY FORD PERVO TRAFFIC CENTER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM REDIKOP REGIONAL TRAINING CENTER ROAD ONE TOWING ROBERT HALF LEGAL ROE SAN DIEGO GAS & ELECTRIC SANCHEZ SEGAL SOUTHERN CALIF TRUCK STOP SULLIVAN SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY TETRA TECH ISG #1 TETRA TECH ISG #1 THE LIGHTHOUSE, INC. THE WAGGONERS TRUCKING INC. THE WAGGONERS TRUCKING INC. TORTI, MIKE UNION TRIBUNE PUBLISHING CO VALLEY INDUSTRIAL SPECIALTIES VASQUEZ, JOSE H.• AT SYSTEMS WEST INC BAYSHORE TRANSIT MGMT INC BOARD OF EQUALIZATION COLORALL TECHNOLOGIES MOP 45703 - SPARK PLUGS MOP 63846 - SIGNS MOP 45742 WHITE TOWEL SERVICE PERIOD 03-06-4 125 PLAN REIMBURSEMENT TRAVEL & TRAINING/CCMA MEETING MOP 45687-TOWING CHRGS TEMP SRVCS JAMBEAU LISA W/E 3/24/06 125 PLAN REIMBURSEMENT/ROE VIRGINIA ELECTRIC B1LL/STREET#27985377588 125 PLAN REIMBURSEMENT EDUC REIMBURSEMENT/MARK SEGAL MOP 45758 - PROPANE EDUC REIMBURSEMENT/SULLIVAN CHRIS WATER BILLS/SEWER#920-3000-0 WATER BILLS/STREET#920-1000-0 WATER BILLS/PARKS#920-6000-0 T&A#722 K AVENUE PARCEL MAP 3RD CHECK T&A#837 520 E DIVISION ST PARCEL MAP MOP 45726 - LAMP REFUND PARKING CITATION NC160228005 REFUND PARKING CITATION NC160228006 REFUND PARKING CITATION NC240121077 UNION TRIBUNE ONE YEAR SUBSCRIPTION MOP 46453 - CITYWIDE FLUSHERS REFUND PARKING CITATION NC3602I3029 MONEY TRUCK - APRIL'06 PAYROLL FOR CHECK DATED 04/07/06 1ST QTR - FUEL TAX BUS REPAIRS FOR FY 06 207674 4/11/2006 105.63 207675 4/11/2006 1,117.10 207676 4/11/2006 185.72 207677 4/11/2006 62,403.58 207678 4/11/2006 389.00 207679 4/11/2006 28.00 207680 4/11/2006 200.00 207681 4/11/2006 960.15 207682 4/11/2006 1,745.00 207683 4/11/2006 37.43 207684 4/11/2006 200.00 207685 4/11/2006 27.96 207686 4/11/2006 39.27 207687 4/11/2006 31.73 207688 4/11/2006 82.56 207689 4/11/2006 66.54 207690 4/11/2006 15.81 207691 4/11/2006 660.00 207692 4/11/2006 660.00 207693 4/11/2006 7.24 207694 4/11/2006 35.00 207695 4/11/2006 35.00 207696 4/11/2006 40.00 207697 4/11/2006 180.00 207698 4/11/2006 249.91 207699 4/11/2006 20.00 207700 4/11/2006 383.20 207701 4/11/2006 49,24732 207702 4/11/2006 375.94 207703 4/11/2006 400.00 CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO FROMEX PHOTO & STUDIO NAIL CITY CHAMBER OF COMMERI PRINCIPAL FINANCIAL GROUP PRUDENTIAL INSURANCE REGIONAL COMMUNICATIONS SYS1 SAN DIEGO FRICTION PROD. SAN DIEGO GAS & ELECTRIC STATE OF CALIFORNIA FEDEX Workers compensation checks OFFICE SUPPLIES PPE 04/01/06 - SHERRY LOGEL GARNISHMENT PPE 04/01/06 - SHERRY LOGEL GARNISHMENT EMPLOYEE RECOGNITION - S TORRES ADVERTISING- BREAKFAST 06/21/06 401 K PPE 04/01/06 PRUDENCIAL LIFE INSUR. - APR1L'04 USE OF THE 800 MHZ NETWORK - MARCH'06 BUS PARTS AS NEEDED FOR FY06 ELECTRICITY - 03/01/06 TO 03/30/06 PPE 04/01/06 - DIANNE BUCKINGHAM GARNISH EXPRESS POSTAGE BY FEDEX Total 207704 4/11/2006 207705 4/11/2006 207706 4/11/2006 207707 4/11/2006 207708 4/11/2006 207709 4/11/2006 207710 4/11/2006 207711 4/11/2006 207712 4/11/2006 207713 4/11/2006 207714 4/11/2006 207715 4/11/2006 145.45 11.52 11.52 30.39 300.00 2,651.57 401.87 609.50 1,610.65 1,601.47 73.36 297.68 351,964.29 11471 4/5/2006 80.88 11472 4/5/2006 11473 4/5/2006 11474 4/5/2006 11475 4/5/2006 11476 4/5/2006 11477 4/5/2006 11478 4/5/2006 11479 4/5/2006 11480 4/5/2006 11481 4/5/2006 11482 4/5/2006 11483 4/5/2006 11484 4/5/2006 11485 4/5/2006 11486 4/5/2006 77.00 18.08 156.84 13.25 44.00 132.00 110.00 88.00 132.00 176.00 66.00 22.00 85.29 44.90 262.20 4 11487 4/5/2006 135.00 11488 4/5/2006 14.96 11489 4/5/2006 32.42 11490 4/5/2006 87.21 11491 4/5/2006 267.29 11492 4/5/2006 1,237.50 11493 4/5/2006 440.00 11494 4/5/2006 400.00 11495 4/5/2006 320.00 11496 4/5/2006 761.04 Total 5,203.86 Total 357,168.15 PAYROLL Pay pet iod Start Date End Date Check Date 277 3/14/2006 3/27/2006 4/5/2006 Total 811,996.19 GRAND TOTAL 1,169,164.34 TRANSIT WARRANTS CK #207700-207714 CKS 15 TOTAL $57,853.76 5 City of National City Warrant Register # 40 4/11/2006 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 154 STATE PUBLIC LIBRARY FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 191 STOP PROJECT 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 273 CBAG-MAJOR MEXICAN TRAFFICKERS 284 Literacy Initiatives XIV 285 EASY VOTER GUIDE II 286 LITERACY SERVICES III 288 PRIME TIME II 291 AMERICORPS CNCS YEAR 3 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 861,236.48 25,372.46 16,681.93 4,751.32 19,243.67 346.04 2,100.57 2,675.06 1,613.25 0.00 1,785.85 29,394.07 11,691.78 3,602.34 2,261.64 1, 060:00 917.22 381.14 3,111.19 3,294.93 8,489.84 30, 860.86 6,502.03 57,853.76 19,691.50 7,282.86 5,453.59 4,206.15 2,651, 50 12,661.58 11,503.72 4,629.26 5,856.75 1,169,164.34 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 2ND OF MAY 2006. AYES NAYS ABSENT EETING DATE MAY 2, 2006 (-ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 14 WARRANT REGISTER #41 PREPARED BY Finance EXPLANATION DEPARTMENT City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #41 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable.. Approved By: Budget & Officer Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 145,853.77 BOARD / COMMISSION RECOMME ,'ATION ATTACH %Mg Rcia l4flelow 2. Workers Comp Warrant Registers dated 4/12/06 3. Resolution No. vestment Payee FLEX -A -CHART MFG. ABS POWER BRAKE INC. ACCOUNTEMPS ADDICTION MEDICINE CONSULTA1 AIRGAS-WEST AMERICAN BACKFLOW SPECIALT ARCO GASPRO PLUS ASSI SECURITY, INC. AUSTIN DOORS BCM MECHANICAL INC. SLACKIE'S TROPHIES AND AWARD BUTLER'S MILL, INC. CA ASSO OF CODE ENFORCEMENT CALIFORNIA COMMERCIAL SECUR CHILDREN'S HOSPITAL CHOICEPOINT CHRISTMAS IN JULY CITY OF POWAY CITY-WIDE ELECTRONICS CORPORATE EXPRESS CUENCO, SANDY S. DAPPER TIRE COMPANY DATA TICKET INC DEPARTMENT OF TRANSPORTATIO DREW FORD JURRA INK City of National City WARRANT REGISTER # 41 4/18/2006 Description chk no BULLETIN BOARDS, 36" X 48'. DECORATOR 200173 FORD EXPLORER ABS UNIT 207716 TEMP SRVCS MARY-JO REBELEZ W/E 03/31/06207717 MEDICAL SRVCS JAN 04, 2006-MAR 31, 2006 207718 MOP 45714 - REPLACEMENT PADS CALIBRATION FOR D/B 226 FUEL FOR CITY FLEET AS NEEDED FOR KEY CARD PROGRAMMING. KEYWAY FOR GA 1E AT PD MAINTENANCE OF HVAC FOR CITY HALL DA 207724 MOP 67727 NAME TAGS W/ENGRAVING MOP 45695 - MOUND CLAY C.A.C.E.O. CERTIFICATION CLASSES MOP 45754 - CYLINDERH7 CHILD SEXUAL ABUSE EXAMS AS NEEDED F' 207729 AUTO TRACK DATABASE UNLIMITED ACCE207730 207719 207720 207721 207722 207723 MAY RENTAL FEES FOR 2032 B AVE QUARTERLY LEAGUE DINNER INV#8137 QUARTERLY ALARM MONITORING 207733 207725 207726 207727 207728 MOP 45704 OFFICE SUPPLIES PARKING CITATION P54379 REFUND TIRES STYLUS FOR PALM, 3 PER PACK 207731 207732 207734 207735 207736 207737 HIGHWAY LIGHTING FOR FISCAL YEAR 2006 207738 MOP 49078 - PIPE 207739 MOP 46766 LETTERHEADS 207740 chk date amount 4/18/06 552.00 4/18/06 335.25 4/18/06 1,295.00 4/18/06 716.00 4/18/06 14.65 4/18/06 499.75 4/18/06 21,359.18 4/18/06 210.00 4/18/06 379.60 4/18/06 1,167.42 4/18/06 32.33 4/18/06 110.01 4/18/06 125.00 4/18/06 24.78 4/18/06 718.00 4/18/06 100.00 4/18/06 1,500.00 4/18/06 100.00 4/18/06 195.00 4/18/06 890.56 4/18/06 35.00 4/18/06 1,352.05 4/18/06 73.27 4/18/06 3,744.45 4/18/06 395.10 4/18/06 54.96 Payee ED REED EXPERIAN FIRE ETC FLEX -A -CHART MFG. FON-JON KENNELS GENESIS COATINGS, INC. GRAINGER GROSSMAN PSYCHOLOGICAL ASS HERNANDEZ HOME DEPOT/GECF HYDRO-SCAPE PRODUCTS INC. IRON MOUNTAIN RECORDS MGMT J AND L DISTRIBUTION, INC. LASER SAVER INC LEXIS-NEXIS MAAC PROJECT MAINTEX, INC. MOTOR COP SHOP, INC. MULTI -BANK SERVICES LTD NAPA AUTO PARTS NATIONAL CITY CAR WASH NEXTEL COMMUNICATIONS NEXUS INTEGRATED SOLUTIONS OUCHI'S POWER EQUIPMENT P&D PERVO TRAFFIC CENTER POWERSTRIDE BATTERY CO INC City of National City WARRANT REGISTER # 41 4/18/2006 Description chk no COMMUNITY CONCERT BAND EXPENSES 207741 CREDIT CHECKS FOR NEW PD EMPLOYEES A 207742 SHELBY MODEL 5280 GLOVES:- 207743 SALES TAX FOR INV#25938128 P068392 207744 KENNEL FOR POLICE K9'S WHILE HANDLERS 207745 GRAFFITI MELT MOP 65179 - CART 207746 207747 OFFICER ASSISTANCE PROGRAM FOR POLIC1207748 125 PLAN REIMBURSEMENT #382-501 RIDGID 18V 2.5 4PC CORDLESS MOP 45720 - DROP IN COVERS MONTHLY IRON M. STORAGE CHARGES RCP6173GY RBWOO JANITOR CART MOP 45725 CARTRIDGES CA PENAL CODE 2006 EDITION 207749 207750 207751 207752 207753 207754 207755 TEEN MAKING A DIFFERENCE AWARDS LUN1207756 24 OZ BOTTLE W/SPRAYER 207757 ARAI MOTORCYCLE HELMET, BLACK/WHITE207758 TRADE SETTLING CHARGES MOP 45735 - THERMOSTAT/SEAL CAR WASHES FOR CITY FLEET FOR FISCAL NEXTEL WIRELESS ACCT#481082028 207759 207760 207761 207762 COR-2193 CONT. HANDSFREE PHONE - BLACK 207763 MOP 45740 - TANK ASSY HOUSING ELEMENT WORK MOP 63846 - VESTS MOP 67839 - BATTERIES 207764 207765 207766 207767 chk date amount 4/18/06 514.44 4/18/06 14.24 4/18/06 2,639.88 4/18/06 35.03 4/18/06 75.00 4/18/06 280.08 4/18/06 380.87 4/18/06 2,697.50 4/18/06 1,999.92 4/18/06 429.92 4/18/06 58.36 4/18/06 100.00 4/18/06 356.66 4/18/06 301.43 4/18/06 48.39 4/18/06 210.00 4/18/06 33.29 4/18/06 810.99 4/18/06 198.00 4/18/06 131.81 4/18/06 124.00 4/18/06 62.37 4/18/06 836.40 4/18/06 66.77 4/18/06 9,933.45 4/18/06 86.23 4/18/06 393.37 City of National City WARRANT REGISTER # 41 4/18/2006 Payee PRUDENTIAL OVERALL SUPPLY ROBERT HALF LEGAL RORE ENVIRONMENTAL SCIENCE SERRANO SOLANA CENTER SOUTHWEST SIGNAL SERVICE, IN SUN TRUST TAB PRODUCTS CO THE LIGHTHOUSE, INC. TOM MOYNAHAN TORREY PINES ORTHO MED GRP I 'RITECH SOFTWARE SYSTEMS UNITED PARCEL SERVICE UNITED WAY US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WESTFLEX INDUSTRIAL WHITAKER BROTHERS WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES CINTAS CORPORATION #694 DIXIELINE LUMBER CO GREAT AMERICAN INSURANCE CO METROPOLITAN IRANSIT SYSTEM NATIONAL INTERSTATE INS CO. 'RE -PAID LEGAL SERVICES INC Description chk no MOP 45742 WHITE TOWEL BATH 207768 TEMP SRVCS EPPLEY DOROTHY W/E 3/31/06 207769 SERVICES 4/10/06 POLICE STATION PROJECT 207770 SEWER SERVICE FEE REFUND 207771 RECYCLED PRODUCTS, PER DEPARTMENT 01207772 TRAFFIC SIGNAL, STREET LIGHTING 207773 NEW FIRE TRUCK #1 RNTAL PMT#26 4/30/06 207774 MISC SUPPLIES FROM TAB PRODUCTS MOP 45726 - TOGGLE SWITCH/LAMPS MOP 45734 - TOWING UNIT #387 RPLC W/C CK#11243 RETURNED BY BANK UPGRADE 6 WORKSTATIONS - VISICAD UPS SHIPMENT 207775 207776 207777 207778 207779 207780 REPLACEMENT OF WARRANT#32810 02/22/06 207781 TRADE SETTLING CHARGES 207782 MOP 46453 - BACKFLOW WIRELESS SVC ACCT#570210396-00001 MOP 63850 - SANDBLAST GLOVE 207783 207784 207785 ANNUAL SERVICE AGMT RENEWAL SHREDD 207786 MOP 45763 SPIKE/SURGE RI-2 36T 80E35 - YIELD 36" TRI .080 MAINT. LAUNDRY SERVICE SHOP SUPPLIES WORKERS COMP - INFO LINE - APR '06 LIABILITY INSURANCE - PRE -PAID LEGAL MARCH '06 207787 207788 207789 207790 207791 207792 207793 207794 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 4/18/06 chk date amount 4/18/06 94.44 4/18/06 1,296.56 22,620.00 192.48 1,540.00 6,820.45 5,009.63 77.05 47.49 50.00 91.44 2,100.00 20.99 4.00 496.36 927.65 3,759.07 49.65 293.02 164.43 484.88 128.34 57.98 16,155.92 2,267.89 16,632.72 775.10 City of National City WARRANT REGISTER # 41 4/18/2006 Payee Description chk no chk date amount SAFETY-KLEEN SYSTEMS, INC. WASTE REMOVAL 207795 4/18/06 220.00 SAN DIEGO TRANSIT CORPORATIO BUS PASSES FY06 207796 4/18/06 60.00 SANTAMARIA TOOL ALLOWANCE 207797 4/18/06 250.00 THE HOME DEPOT CRC DUST PANS FOR BUS WASHERS 207798 4/18/06 45.19 THE STAR NEWS FULL TIME BUS OPERATOR AD 207799 4/18/06 42.80 W.W. GRAINGER, INC. SHOP SUPPLIES 207800 4/18/06 535.64 Total $ 142,108.93 Workers compensation checks 11497 4/12/06 122.19 11498 4/12/06 29.18 11499 4/12/06 704.50 11500 4/12/06 47.50 11501 4/12/06 83.94 11502 4/12/06 72.25 11503 4/12/06 12.27 11504 4/12/06 136.96 11505 4/12/06 169.09 11506 4/12/06 211.50 11507 4/12/06 400.00 11508 4/12/06 1,131.43 11509 4/12/06 400.00 11510 4/12/06 185.00 11511 4/12/06 32.30 11512 4/12/06 6.73 Total $ 3,744.84 City of National City WARRANT REGISTER # 41 4/18/2006 Payee Description chk no chk date amount Grand Total 145,853.77 TRANSIT WARRANTS CK# 207789-207800 CKS 12 TOTAL $37,171.58 City of National City WARRANT REGISTER #41 4/18/2006 001 GENERAL FUND 21,909.72 105 PARKS MAINTENANCE FUND 554.58 109 GAS TAXES FUND 484.88 125 SEWER SERVICE FUND 192.48 131 ASSET FORFEITURE FUND 2,100.00 159 GENERAL PLAN UPDATE RESERVE 9,933.45 172 TRASH RATE STABILIZATION FUND 1,920.87 196 CAPITAL PROJECT RESERVE 22,620.00 250 NEW FIRE STATION CONSTRUCTION 552.00 254 LEAD -BASED PAINT HAZARD REDUC 1,658.53 294 HUD HEALTHY HOMES GRANT 521.85 301 GRANT-C:D.B.G. 7,924.31 552 TDA 37,171.58 626 FACILITIES MAINT FUND 2,552.38 627 LIABILITY INS. FUND 3,832.78 628 GENERAL SERVICES FUND 1,632.13 629 INFORMATION SYSTEMS MAINTENA 1,377.42 631 TELECOMMUNICATIONS REVOLVI 4,657.84 632 GENERAL ACCOUNTING SERVICES 1,302.50 643 MOTOR VEHICLE SVC FUND 22,954.47 TOTAL 145,853.77 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. BUDGET4LNV MENT OFFICER 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 2ND OF MAY 2006. AYES NAYS ABSENT ^IEETING DATE May 2, -2006 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING 15 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SUBSECTION #1 OF ORDINANCE #1673, AND SUBSECTION 2.42.040 (B) OF NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE DISPOSAL OF SURPLUS CITY PROPERTY. pREPARED BY Brenda E. Hodges, C.P.IVLEPARTMENT Purchasing Dept. EXT.x1570 i 3M EXPLANATION This ordinance will amend subsection 1 of Ordinance #1673, and subsection 2.42.040(B) of the National City Municipal Code (both previously amended by Ordinance #92-2044 on 12/1/92), pertaining to the disposal of surplus City property. Major revisions include: Item #1: Revised to be consistent with the Purchasing Ordinance which was revised to allow solicitation of bids via electronic means in addition to printing in local newspaper. Item #4: Added to allow negotiation with special agencies who are primarily interested in purchasing public safety items that we may not necessarily wish to sell on the open market. 1 ( Environmental Review X N/A Financial Statement not applicable MIS Approval Approved By: Finance Director not applicable Account No. STAFF RECOMMENDATION Ordinance for 4doption BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below ) Proposed Ordinance A-200 (Rev. 7/03) Resolution No. ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.42 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 2.42.040 PERTAINING TO THE DISPOSAL OF SURPLUS CITY PROPERTY BE IT ORDAINED by the City Council of the City of National City that Chapter 2.42, Section 2.42.040 of the National City Municipal Code is hereby amended to read as follows: 2.42.040 Manner of disposal. A. If the surplus city property which is not required for city use has been assigned an estimated marketvalue of Tess than one thousand dollars by the purchasing agent, he/she may dispose of said property on the open market without advertising for bids. B. If the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the Purchasing Agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the Purchasing Agent, are reasonably likely to ensure an optimum biding process. 2. Through participation in the San Diego County Cooperative Auction; 3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefore, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with Section 2.42.040 (B)(1), and shall accept offers on behalf of the city, with the city having final acceptance authority. 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other non-profit agency which may have limited funds, and an expressed need for said item(s). C. The purchasing agent shall have the authority to combine any surplus city property with lost and unclaimed property for the purpose of disposal by public auction in accordance with Chapter 2.44. D. The amount received for any property sold pursuant to this chapter shall be deposited in the city's general fund. PASSED and ADOPTED this day of 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III, City Attorney 2.42.040 Manner of Disposal. A. If the surplus city 'property which is not required for City use has been assigned an estimated market value of Tess than one thousand dollars by the Purchasing Agent, he/she may dispose of said property on the open market without advertising for bids. B. If the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the Purchasing Agent, he/she shall dispose of the property: 1 Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. A notice inviting sealed bids shall be • published by the Purchasing Agent at least 7 calendar days before the date set for the receipt of bids designated in the notice. All notices shall be published by the Purchasing Agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the Purchasing Agent, are reasonably likely to ensure an optimum bidding process. 2. Through participation in the San Diego Cooperative Auction. 3. Through consignment of items to a vendor to sell on behalf of the City. The Purchasing Agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefore the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance with chapter 2.42.040 (B)(1), and shall accept offers on behalf of the city, with the city having the final acceptance authority. 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other non-profit agency who may have limited funds, and an expressed need for said items. C. The Purchasing Agent shall have the authority to combine any surplus city property with lost and unclaimed property for the purposed of disposal by public auction in accordance with Chapter 2.44. D. The amount received for any property sold pursuant to this chapter shall be deposited I the City's general fund. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2006 AGENDA ITEM NO. 16 ITEM TITLE Public Hearing — Appeal of Planning Commission denial of a Conditional Use Permit for beer and wine sales for off -site consumption at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avennuee (Applicant: Saad Pattah) (Case File CUP-2005-6) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The applicant is seeking a Conditional Use Permit to sell beer and wine at a mini -market proposed for the existing gas station in the Sweetwater Square Shopping Center. While the mini -market was approved by the Planning Commission (and is a separate item on this Council agenda), the beer and wine request was denied. The applicant has appealed that denial. The attached background report provides more detail on the request as well as the staff analysis. Environmental Review N/A Exempt Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION That the application be approved subject to the attached findings of approval. R 617 BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Ayes— Alvarado, Baca, Flores, Reynolds; Nays- Carrillo; Absent- Pruitt, Abstain- DeLaPaz ATTACHMENTS (Listed Below) 1. Planning Commission Resolution 6-2006 2. Background Report 3. Findings of Approval 4. Recommended Conditions of Approval Resolution No. 5. Location Map 6. Community Meeting Flyer, Sign -in Sheet, Minutes 7. Proposed Exemption 8. Agency Comments A-200 (9/99) • • RESOLUTION NO. 6-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A NEW 1,350 SQUARE FOOT MINI -MART AND A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AND DENYING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES FOR OFF - SITE CONSUMPTION AT AN EXISTING GAS STATION IN SWEETWATER SQUARE SHOPPING CENTER AT 3009 HIGHLAND AVENUE APPLICANT: SAAD PATTAH CASE FILE NO. CUP-2005-6/Z-2005-3 WHEREAS, the Planning Commission of the City of National City considered both a Conditional Use Permit application for a new 1,350 square foot mini -mart with beer and wine sales and a Zone Variance application for less than required parking at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue at a duly advertised public hearing held on March 6, 2006, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2005-6/Z-2005-3 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, members of the public and the National City Police Department testified that no public convenience is served by alcohol sales at the proposed mini -mart; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein are 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 March 6, 2006, support the following findings: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A NEW MINI -MART 1. That the site for the proposed use is adequate in size and shape, since the 11.5- acre shopping center can accommodate the small additions, which total approximately 1,350 square feet, to an existing gas station. 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 gasoline station is currently existing on -site and added trip • • generation as a result of the mini -market is minor, approximately 120 more trips a day, and since fifty percent of gas station traffic is estimated to be pass -by traffic that is not generated by the market but by other destination uses, and since Highland Avenue, a major arterial with a capacity of 25,000 ADT, is currently operating under its capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the commercial corridor that Sweetwater Square shopping center is .located in is designed and intended for gasoline service stations and other retail commercial uses, and because gas sales are currently existing on -site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will allow Fi11Co, which is an established and allowed use in the applicable commercial zone, to offer a larger variety of products to its customers, similar to other existing retailers. FINDINGS FOR APPROVAL OF A VARIANCE FOR REDUCED PARKING 1 That because of special circumstances applicable to the property, including size, location or 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 the gas station is located in the southwest corner of the site to achieve greater visibility and the necessary area for circulation to access the pumps limits the parking. However, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. 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 affecting operation, including plans identifying a mini -mart adjacent to the gas station, will result in the additional square footage that triggers the parking increase to be used almost exclusively by pass -by traffic or by traffic already visiting the site. Also, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. 3. That the variance does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a gasoline station and mini -mart are allowed in the General Commercial (GC) Zone and the gas station use currently exists on site. FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT FOR BEER AND WINE SALES FOR OFF -SITE CONSUMPTION That the proposed use is not deemed essential and desirable to the public convenience or welfare, since there are nearly 100 existing alcohol licenses in the City, including two active on — site licenses within the proposed shopping center (Sweetwater Square), and since there is no net employment gained through the addition of alcohol sales to the proposed mini -mart. According to Police Department testimony, these particular types of businesses (i.e. convenience markets) are typically the highest repeat violators in the City with regard to alcohol sales, and the close proximity to a local high school only increases the availability of alcohol to underage residents. Also, based on statements from the National City Police Department, close to half of all police calls involve alcohol, and therefore the sale of beer and wine for off -site consumption is not deemed essential and desirable to the public convenience or welfare in this location. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit for a mini -mart and Variance for reduced parking are approved subject to the following conditions: 1. This Conditional Use Permit authorizes a 1,350 square foot mini -market at 3009 Highland Avenue. 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-2005-6/Z-2005-3, dated 2/06/06. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 6. 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. 7. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 8. The Priority Applicability checklist for the Standard Urban Stormwater 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 Stonn Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) and approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 9. The Best Management Practices (BMP's) 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. 10. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for the 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. 11. 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. 12. 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 clays of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless' an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and< set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 3,: 2006, by the following vote: AYES: Alvarado, Baca, Flores, Reynolds NAYS: Carrillo ABSENT: Pruitt ABSTAIN: DeLaPaz Afe,z,c71-4„._ CHAIRWOMAN BACKGROUND REPORT Site Characteristics The project site is located within the Sweetwater Square shopping center at the southeast corner of Highland Avenue and 30th Street, in the General Commercial (CG) Zone. The 11.5-acre center includes approximately 116,400 square feet of retail space, most of which is within the main building on the property, as well as a 572-space parking lot and an existing gas station. The gas station is located at the extreme southwest corner of the center, and is visible from both Highland Avenue and the adjacent off -ramp from Highway 54 to the south. Currently, the station includes a pump canopy covering several gas pumps and a small sales booth. Nearby uses to the north and east consist primarily of commercial businesses within the center and beyond. Highway 54 and the City boundary are south of the site, and Acropolis Self -Storage is to the west across Highland Avenue. Proposed Use The applicant intends to remove the existing sales booth at the gas station on -site and construct a new single -story mini -market. The approximately 1,350 square foot market will be located at the southwest corner of the property adjacent to Evans Tire & Service Center. The applicant is requesting to sell beer and wine, along with other typical convenience type goods (sodas, snack foods, etc). The alcohol will be displayed in four (4) lockable coolers at the back of the store with some wine kept at room temperature behind the front counter. Stock will be stored in the rear service/storage area and in the rear walk-in cooler. While the applicant proposes for the mini -mart to be open 24 hours, they only propose alcohol beverage sales between 7:00a.m. and midnight. Analysis The Land Use Code allows the sale of beer and wine for off -site consumption with an approved Conditional Use Permit; there are no distance requirements for convenience markets to adhere to due to the alcohol sales. As part of the Conditional Use Permit process for the sale of beer and wine, the applicant is required to hold a community meeting prior to a hearing being set. This meeting was held on Tuesday, December 20, 2005 from 5:30 to 7:00 p.m. to address any potential public concerns. The meeting was advertised through a mailing to the surrounding neighborhood (660 feet). Copies of the notice were also distributed to Frank Lopez of the Alcohol, Tobacco, and Other Drugs Taskforce, who was present at the meeting, as well as other organizations as required by City policy. According to the applicant, 17 people attended this meeting. A copy of the meeting notice, as well as a sign -in sheet, and detailed meeting minutes are attached. According to California Alcohol Beverage Control (ABC), there arc four ABC licenses in the same census tract as the proposed mini -market. The two licenses for on -site alcohol sales belong to Peter Piper Pizza and China Super Buffet, which are each located within the Sweetwater Square Shopping Center. The two other ABC licenses are for off -site consumption and are each located farther north on E. 18th Street (Farmers Discount Market, 7-Eleven). The Police Department is opposed to the granting of the CUP for beer and wine sales, stating that while this is not a high crime area, there is no public convenience provided by the market and there is an over -saturation of alcohol sales in the area. They have also conveyed their opposition to alcohol being sold from any gas station, due to the various factors involved that result in alcohol being available for immediate consumption (i.e. chilled product, easy access to major thoroughfares, short sales lines). Comments received from the National City ATOD Task Force proposed specific conditions be added to the approval in order to ensure safety and reduce youth access to alcohol. These conditions included a requirement for L.E.A.D. Training (responsible beverage service training) for all those that sell alcohol, that the station not be allowed to sell singles, and that no fortified wines or malt liquor be sold (see attached). However, Mr. Lopez also raised questions regarding the suitability of the site, due to the proximity to Sweetwater High School and a youth center. Although there is no minimum distance requirement between convenience stores and schools, the proposed mini -market will be approximately 620 feet from the nearest school (Sweetwater High School). The standard conditions of approval, as developed by the Planning and Police Departments, have been attached. These include a condition limiting the types and sizes of containers for alcohol products, and prohibit exterior signage for alcohol products. Several of the suggestions proposed by the ATOD are covered by these conditions, and an additional condition was included which places a restriction on the sale of malt liquor, in response to ATOD comments. Planning Commission Hearing The Planning Commission held a public hearing on this proposal on March 6, 2006. There were four residents who spoke at the hearing, as well as one consultant representing the applicant, and Lt. Lanny Roark from the Police Department. One resident spoke in favor of the project and two residents expressed concerns about the sale of beer and wine at the proposed site. Lt. Roark restated his concerns regarding alcohol sales in a convenience store at this location, fearing that the alcohol would be used for immediate consumption. The Commission also requested clarification on proximity requirements and was advised that establishments selling alcohol for off -site consumption as an accessory use, such as grocery and convenience stores, were exempt from such requirements. The Commission voted 4-2 to recommend denial of the proposed project, with findings that the sale of beer and wine for off -site consumption is not deemed essential and desirable to the public convenience or welfare in this location (see attached Resolution 6-2006). While health and safety issues associated with alcohol sales are certainly important, also important are the economic development benefits of allowing the business owner to sell the full range of products normally found in this type of store. With this in mind, and noting that a Conditional Use Permit can be revoked if the conditions of approval are not adhered to, staff is comfortable in recommending approval of this request. RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the proposed mini - mart store will have room available for the incidental sale of beer and wine for off -site consumption. 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 gasoline station is currently existing on -site and the addition of accessory alcohol sales will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the commercial corridor that Sweetwater Square shopping center is located in is designed and intended for gasoline service stations and other retail commercial uses, and because the use is currently existing on -site, and since conditions of approval will limit the types and sizes of product that can be sold and prohibit loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will allow Fi11Co, which is an established and allowed use in the applicable commercial zone, to offer a larger variety of products to its customers, similar to other existing retailers. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes a 1,350 square foot mini -market and the sale of beer and wine for off -site consumption at 3009 Highland Avenue. 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-2005-6/Z-2005-3, dated 2/06/06. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 6. 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. 7. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 8. The sale of alcoholic beverages shall be prohibited between the hours of 12:00 a.m. and 7:00 a.m. 9. The sale of fortified wines and malt liquor shall be prohibited. 10. The sale of beer in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. No beer products shall be sold in less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 11. No wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 12. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 13. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 15. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge. 16. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 17. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File no. CUP-2005-6/Z-2005-3, dated 2/06/06. 18. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 19. All persons who sell and handle alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control, Responsible Hospitality Coalition, or such training certified by the California Council on Responsible Beverage Service. 20. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 21. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 22. No coin operated amusement devices shall be operated on the licensed premises. 23. Permittee shall be responsible for maintaining the exterior free of debris, graffiti, and shall maintain well -lit area during the course of operation. 24. A drainage plan shall be submitted showing all of the proposedand existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 25. The Priority Applicability checklist for the Standard Urban Stormwater 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) and approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 26. The Best Management Practices (BMP's) 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. 27. 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 the 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. 28. 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. 29. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 30. 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. Sweetwater High School APPROXI MATE PROJECT LOCATION • PROJECT PARCEL Highway 54 100 2Q0 300 Feet CITY BOUNDARY ~®M N LOCATION MAP C U P-2005-6 Conditional Use Permit for beer and wine sales for off -site consumption at an existing gas station at 3009 Highland Ave NATIONAL CITY PLANNING 1 DRN. DAT 3/13/05 INITIAL HEARING: 5/02/05 1 FILLCO GAS 3009 Highland Ave. National City, CA 91950 619-474-2088 Dear Neighbor, The following letter serves as notice to the community of a meeting set for December 20, 2005 from 5:30pm - 7:OOpm at the National City Chamber of Commerce, located at 901 National City Boulevard, National City, California 91950. We are inviting you to this meeting to discuss a conditional use permit for the new construction of a premier convenience center and gas station, as well as for the sale of alcoholic beverages at Fillco Gas, located at 3009 Highland Avenue, National City, CA 91950. 15 DEC 2005 FM 3:18 Thank you, Fillco Gas Feb 10 2006 3:25PM SAN DIEGO, CA (619)515-0710 ;;t•Rrioye,,_ ,..PRefaSpr, awnaKa.a.. ‘4- ArAyagaNion Selkolahc/ dav _ ftv • _ Strt?‘104.,7%- iLU LTv fog.44,--As 16.1 Joo, - , I 7. " II 0024170(i 17+140-3ti P 2 Minutes of the Filleo Gas Community Meeting Location: National City Chamber of Commerce 901 National City Boulevard Date/Time: December 20, 2005 5:30pm — 7:00pm Introduction and presentation of agenda for meeting Introduction of members of the public and representatives of Filleo Gas Introduction and brief history ofFillco Gas by Andy Sliuman C — Comment Q — Question A — Answer Andy C: The gas station located. at 3009 Highland Avenue was purchased in March of 2005, My partners and I decided that we wanted to be part of the revitalization and redevelopment of both National City and the strip center where we are located. We knew this center was busy when Albertson was around, but it's a lot slower since it closed. We are here today to help redevelop the south end of Highland and build a clean, safe, well -lit, first class convenience store and gas station. Soon after buying the gas station, me and my partners invested over $150,000 in equipment upgrades, lights, new pumps, safety instruments, and made improvements to the canopy. This ensures both the environment and the community enjoy the latest and greatest in health and safety systems. Our goal is to build and create a safe atmosphere where anyone at anytime of the day or night will feel welcome. Frank, Irma & Guille Q: It looks and sounds nice, and that end of Highland Avenue will definitely benefit from such a convenience store. But what are you going to do to give back to the community? Andy A: First, we are going to create 8-10 new jobs in National City. Second, the store sales will add to the local tax base. Third, we are going to provide gasoline at competitive prices. The full service convenience store will allow for this by offsetting gas prices. Fourth, Filleo Gas is currently a supporter of the Boys & Girls Club of National City and a member of the National City Chamber of Commerce. We are responsible business partners and look forward to becoming more active in the community. Frank C: That's great, and there are many other organizations that could benefit from support from Iocal businesses_ Frank Q: What type of alcoholic beverages do you intend on selling? Andy A: Beer, wine, and related drinks you would expect to find in a gas station/convenience store. Alt of our managers and cashiers will go through the LEAD program sponsored by the California Department of Alcohol Beverage Control_ This program provides our employees with practical information on selling alcoholic beverages safely, responsibly and legally. Frank Q: Are you going to sell malt beverages? AJ.A.1. l L -. Andy A: Depends on your definition of "malt beverages". This is a gas station and convenience store, not a liquor store. Certain malt liquors and fortified wines bring a different clientele. We do not intend to sell Olde English, Mickey's, Colt 45, Schlitz, King Cobra, Magnum, or St. Ides. Here we want people to fill up. on gas, grab chips, beer, coffee or whatever, and continue on their way. Frank Q: Will you be selling singles? Or 40 oz.? Andy A: No. We only intend on selling multipacks of beer and bottles of wine. Our primary goal is to be a one stop shop gas station/convenience store. We don't want to promote or sell anything that will attract the wrong crowd. Frank Q: Andy A: What about alcopops? You know, the alcoholic beverages with fruit flavors. If you are referring to drinks like Alize or Hypnotic with high alcohol content, definitely - not. We are not going to sell fortified wines like Boone's Farm, Mad Dog, Cisco or Thunderbird. Again, that brings a different type of clientele and we are not looking to compete with liquor stores. The convenience store is small, we're only going to have several doors with beer and wine, and some wine coolers such as Bartle & James, Barcardi Breezers, Smirnoff coolers, and alike. Frank Q: What alcohol content per volume is Filko going to sell? Andy A: It depends, there is going to be a range depending on the products. Frank Q: Would you be able run your business if alcohol content greater than 15% wasn't allowed? For example, Ports are higher in alcohol content. Andy A: 1 want to say yes, but I would need to confirm the exact percentage of alcohol content of the products we want to bring. We do not intend on selling Port or other drinks with high alcohol content. The bottom line is that our alcohol sales will be limited -- so let me get back to you on alcohol content percentages, but I'm pretty sure that 15% is fine. Frank Q: What time is Fillco proposing to sell alcoholic beverages? Andy A: The gas station is currently operating 24 hours, and so will the convenience store. But beer and wine sales will be between 8AM to midnight. I don't want to deal with anyone who wants to buy alcohol before 8AM. Frank C: That sounds reasonable. Edward C: Do you recall several months back when I spoke to you Frank), you mentioned that we should look at the conditions placed on the AM/PM at 8 and Roosevelt? The partners of Fillco looked over those conditions and agreed that they are reasonable and would allow Fillco to operate a successful business. Frank Q: What is the approximate shelf space Fillco is proposing to designate for alcohol products? Where are you going to store the excess inventory? • Andy A: We will have several doors in the cooler, a small section of wine products, and the rest will be stored in the back storage room/walk-in cooler. We have plans here for you to see. These are a copy of the plans we submitted to the Planning Department with our application. (Members of the public go over the plans with Andy) Juan C: Looks like a nice store, and that end of Highland needs a good project like this to jumpstart the economy down there. 2 •v LV V V J . L. 11 J lll1 i,1GVV, l.fl • 11a1.71 01J-U/lU P- Mary C: The bottom line is responsibility. We are here to advocate that we need to limit availability. It's terrible to think that we are trying to save lives and someone points out to me that there is a vodka billboard above a youth center office. I have nothing against convenience stores, but alcohol is alcohol. Jessica C: We worked hard in our youth clinic to get the image we have. Even though you are selling to people 21 years or older, you can't control where the alcohol will end up. We are trying to give young people self-esteem and teach them that they don't need to drink alcohol. Mary C: It's a major issue. It's a core problem and is related to teen pregnancy and substance abuse. 1600 youth came through the center, and we actually have gang bangers, punkers, etc. sit together peacefully. We define youth as young people between the ages of 12-24. We don't think it's appropriate to have anyone selling alcohol around here. Let them go buy it down the street. Juan C: I grew up in National City, 1 have two brothers that had substance abuse problems, and I know what it can do to a family. But I'm telling you that this is a chance to do right by our community. Growing up, my brothers and I were able to get alcohol from the large grocery stores and rundown liquor stores. Now that I'm older and have a son in high school, I see the need for responsible businesses being a vital element of our community, just like our teachers and parents. Fillco is a chance for all of us to show the National City business community by example, of how professionally and responsibly a store can be run. Alcohol retailers in the community will follow Fillco's lead and everyone will benefit. Andy C: Fillco is a gas station and a small convenience store, not a liquor store or a hang out. Our customers drive in, fillup, buy something, and drive off. We are not in business to promote teen alcoholism. The partners in Fillco, including myself, have young children. We are investing in this project for the long haul. We promote responsibility in our homes and in business. We promote education and care about the community we do business in. Jessica C: Youth were getting alcohol from Albertsons. We understand that the convenience store will be bring business to the center, but we're afraid that it will lead to problems where we will need to deal with it. Juan C: It's a lot easier to get alcohol at a large supermarket or corporate chain. Many of those employees don't care, and the turn around of employees is unbelievable. You have people getting paid minimum wage or close to, and they will sell to anyone. Andy C: Fillco is a family business, and one of the partners who you see working at Fillco now is going to work and manage the convenience store. We are going to promote a team atmosphere where everyone is going to be cross -trained and paid more than minimum wage. We don't want people selling to anyone without proper identification. We can't afford to lose our business because someone decided to sell to a minor. Suge C: Juan C: Alcohol is easy to get anywhere. Alcohol is easy to get, but 1 am familiar with other businesses run by the Fillco partners, and know that they sell responsibly because they don't want to lose their businesses because of a stupid mistake. These guys have experience in these businesses. To build 3 J a r-1,. 1 1 01,11 ui CUU, Vn • tblalala-uilu P-6 this convenience store is going to take a lot of money, and small businessmen don't build them to lose everything because of selling to minors. Mary C: Kids will try no matter what. I like your intentions, and I respect the fact that you are dealing with the LEAD program. It's nothing personal, but it's about accessibility. Juan C: Then the solution should be to crack down on those stores and restaurants which make it available to minors. Frank C: The AM/PM recently got caught for selling to a minor. I know it's a different location, but service calls to the police have gone up since the AM/PM was built. I know it's a different type of neighborhood over there, so I'm not sure if it's related to prostitution, traffic or alcohol. Frank Q: Andy A: Frank Q: Andy A: Suge Q: Michael A: Is alcohol going to be the prime source of revenue for Fillco? No, beer and wine sales are not going to be the prime source of revenue or gross sales at Fillco. Again, this is not a liquor store, it's a gas station/convenience store. The revenue will come from gasoline and all of the products in the store. Does Fillco propose to have any coin -operated amusement or payphones? No. We will not have video games or payphones. There is currently a payphone owned by the landlord located exactly where the store will be built. So this issue is better directed to him. Most people these days have cell phones anyways. Payphones bring problems and promote Loitering, so we really don't want them. If it's an emergency, the employees of Fillco can help make any calls. What type of problems? Unfortunately some people use them for illegal activities, drugs, etc. Juan Q: Don't some people have a problem with Peter Piper selling beer because it's primarily for children? Jessica A: No, one of my relatives works there and they sell responsibly. Edward Q: Oh, so it's possible to sell alcohol responsibly? Jessica A: Yes. Edward C: I see_ So I guess it is possible to be a responsible retailer. Andy C: We agree, that's why our employees are going to be trained by us and go through the LEAD Program. Frank Q: Would Fillco consider selling all alcohol at room temperature? Andy A: No, unfortunately it doesn't work with a convenience store. First, we are small and space is limited — we want to make sure we can provide other items to the community like snacks, ready made food, baby items, ice cream, etc. Second, because we will be operating 24 hours, we will be selling beer and wine using lockable cooler doors which is the best way to control sales after hours and prevent people from trying to steal. WalMart and other large markets have the space to sell both cold and room temperature alcohol, but they also have limited hours of operation. They don't have to wony about customers shopping at 1:00am in the morning because they are closed at that hour. Frank C: For those of you who don't know, I'm going down a list of questions prepared by our group so we can better understand Fillco's intentions. 1 am going to report Fiflco's answers back to the committee so we can make a decision. I also wanted to get on the 4 rcu ♦v LuuO J: GOI-'n 011ll U1COU, um • lblUlDt-Urtu p•7 record that I have received a comment from Mr. Braddock, Principal for Sweetwater High, that he is staunchly opposed to alcohol sales anywhere near schools or children. Frank Q: Did Fillco notify Sweetwater High School or Operation Samahan? Edward A: Yes, we notified both, as well as other local organizations and neighbors, as instructed and required by the National City Planning Department Suge Q: Isn't alcohol alcohol? Edward A: Alcohol is alcohol, but abuse of alcohol is a different thing. Many things out there can be abused to the point of injury. Schools are removing soda pop machines and fattening snacks because some people don't know when to stop. Jeff C: Yeah, like that guy who invented ruffles (rohypnol) for medical purposes, but then it was abused and became an illegal drug. Jessica Q: Did you know the high school is directly across the street and every day teens will walk right past the store, and the bus stop is right in front as well. Andy A: We rarefy see people walking south down Highland past Fillco over the 54. It's not really pedestrian friendly down there_ Jessica C: But the bus stop is right there, in front of you. Andy Q: Actually, it's not. Are you confusing us with the Mobil gas station across the street from the high school? The one next to Operation Samahan? That's not us. We're the one down in the plaza, next to the Evan's Tires shop — behind us is the 54. Several A: Oh, I thought you were the other one. (Inaudible chatter and confusion in the room) Edward C: We need to clear this up, rillco is not directly across from the high school. It is located next to Evan's Tires, and not conducive to foot traffic. Jeff C: We just don't want young people around alcohol or being tempted. Mary C: It's about accessibility. We are trying to deal with the homeless and troubled youth. It's terrible when a 14 year old child is dropped off at our center. Frank Q: What type of displays or advertisements is Fillco considering? Andy A: No floor displays, most of the beer and wine will be in cooler doors with locks, or stored securely in back. This is a small convenience store, not a supermarket or liquor store. We are not going to clutter our exterior walls or windows with advertising — it looks sloppy and messy. Mary C: Jessica C: Juan C: The magic word is convenience, we are here to make sure that access to alcohol is not too convenient for our youth. We work with youth, and we are trying to limit accessibility, Then we need to work together on stopping the liquor stores who purposely sell to anyone, and the supermarkets with employees who don't care. There is a right way and wrong way to do things. As someone mentioned earlier, there are other businesses in the community who do a good job and sell responsibly. Andy C: If you see the other businesses the partners of Fillco are involved in, you will see that we are responsible business owners to our neighbors and the community. We have a good 5 r ru Au cuuo o;corn .inn U1 tbu, t..M tbia,aib-u-iiu p _ ti reputation with the ABC and law enforcement where our other stores are located. We have clean records with the ABC, and we intend on keeping it that way. This is a big investment for us, and we are a family business. We are not going to jeopardize our business (investment) and our reputations by selling irresponsibly. As I mentioned before, we have more control because we are going to work and manage the business ourselves, as well as work hand in band training our employees. Mary C: Dare to be different Andy C: We are, and that's why we're here before you today. We are trying to bring the Chevron name to our gas station, and they won't sign on unless we do things differently. Edward C: It's not just about alcohol, we are offering a full service convenience store and gas station to the community and trying to help jumpstart the economy of National City and more specifically, help redevelop Highland. It needs to be pointed out that without the sale of beer and wine, the investment will not make economic sense, and bank financing and construction loans will be difficult to get. Additionally, lenders and Chevron want to see a full balance of products usually found in a convenience store because of cross -selling — for example, they know that when someone purchases beer or wine, the sale usually includes the purchase of snacks and other items, which in turn creates a successful business. We are working with Chevron and our lenders, and this is the business model they want. This model allows for convenience store sales to offset gas prices, thus allowing Fillco to be able to offer lower gas prices to the community. It's now 7:00 pm, and we need to bring this meeting to an end. Thank you everyone for coming, it has been our pleasure and we appreciate your participation. 6 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2005-6 / Z-2005-3 Project Location: 3009 Highland Ave., southwest corner Sweetwater Square Shopping Center Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a new 1,350 square foot mini -mart with beer and wine sales for off - site consumption and a Zone Variance for less than required parking at an existing gas station. Applicant: Saad Pattah Telephone Number: (619) 248-7236 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1 Section 15301 (Existing Facilities) n Not a project as defined in Section 15332 of CEQA C Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal to expand an existing shopping center by 1,350 square feet, or approximately one percent, will not have a negative effect on the environment, since the center is not located in or near an environmentally sensitive area, and since it is located in a fully urbanized area with all infrastructure in place for full build out of the General Plan. Also, the proposed variance involves a minor reduction in parking on the site, less than 2 percent, for a mini -mart, which is allowed in the zone and will not result in changes to land use or density. Date: Angela Reeder Assistant Planner ® Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR January 20, 2005 FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: Case File No: CUP-2005-6 / Z-2005-3, Conditional Use Permit for a 1,350 square foot mini -mart at an existing gas station with Alcohol Sales, and a Zone Variance for less than required parking at 3009 Highland Avenue. The applicant has revised a previously submitted Conditional Use Permit application for an approximately 1,350 square foot convenience store at the site of an existing gas station. Plans now include selling alcohol as well as and non-alcoholic beverages, snack foods, and other standard convenience store items. As the attached exhibits indicate, the alcohol will be stored in the cold case near the back of the store. A community meeting on the proposed application was held by the applicant on December 20, 2005. Please submit your comments or recommendations on the proposed project by January 30, 2006. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4311. Thank you. ANGELA REEDER Assistant Planner CS A — s,�� .� -ems C� , No comments cc: Police Department City of Chula Vista National City ATOD Task Force QI' D' TO G(Z.A,%,4-- ® Recycled Paper i3 Page 1 of 1 Angela Reeder From: Lanny Roark Sent: Monday, January 30, 2006 7:06 AM To: Angela Reeder Subject: CUP for Mini Mart- Alcohol sales - 30th and Highland Hi Angela, Don't know if you are handling this, but could you pass it on if necessary. I am en route to L.A., so I don't have time this morning for a more formal statement regarding the proposed mini mart / alcohol sales; however the P.D. remains in opposition to the granting of the C.U.P. Our Opposition is based upon the following: 1. Over -saturation, as prescribed by code 2. No showing of public convenience or necessity, as per code. 3. High crime numbers, as per code 4. Inconsistent with best practice for alcohol sales and community development I will provide a more detailed response tomorrow. Thanks - Lanny 2/20/2006 Page 1 of 1 Angela Reeder From: William Strasen Sent: Monday, January 30, 2006 12:51 PM To: Angela Reeder Cc: Lanny Roark Subject: FillCo CUP Hi Angela, Lanny Roark asked me to e-mail you regarding the FiIICO Project. Apparently, Lanny had previously sent you an e-mail stating that the area of the proposed site was a high crime area. The current stats that we just received show that it is not a high crime area. However, we are still opposed to the granting of the CUP for this project, based upon other information that Lanny had sent you. He will be back at work tomorrow if you have any questions. Thanks, Bill Strasen (619) 336-4326 2/13/2006 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2006 17 AGENDA ITEM NO. i4EM TITLE Public Hearing — Amendment to the National City Downtown Specific Plan to include properties at the southeast corner of 1 lth Street and A Avenue in Development Zone 5B. Applicant: Constellation Property Group, LP Case File No.: SP-2006-2 PREPARED BY David Parsons CDC Project Manager DEPARTMENT Community Development Commission EXPLANATION The proposed amendment would extend the existing Downtown Specific Plan, Development Zone 5B on the western portion of the property to the eastern portion. The Planning Commission held a public hearing on this item at their April 3, 2006 meeting. The attached background report describes the amendment in detail. Environmental Review Addendum to Certified Program EIR and Initial Study. Financial Statement Not applicable. Account No. STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION On April 3, 2006, the Planning Commission voted to recommend approval of Specific Plan Amendment (SP-2006-2). Ayes: Alvarado, Baca, Carrillo, Flores, Reynolds and DeLa Paz Noes: None Absent: Pruitt ATTACHMENTS 1. Background Report 2. Map — Adopted Development Zone 3. Map — Amended Development Zone 4. Program EIR Addendum 5. Program EIR — Executive Summary (Pages 4-22) 6. Initial Study 7. Application A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT Applicant Request On October 18, 2005, the CDC Board adopted Resolution No. 2005-92 approving Consistency Review for a proposed development on the subject property by Constellation Property Group LP (developer). As a condition of approval the CDC Board required the developer to apply for an amendment to the National City Downtown Specific Plan ("Specific Plan/DSP") to "include the subject property in Development Zone 5B or such other Development Zone as determined to be appropriate by the City." On October 25, 2005, the City Council voted (5-0-0) to initiate the proceedings to consider a Specific Plan amendment for the subject property (100 Block East 11th Street). Although the subject property is located within the Specific Plan boundaries and has a Development Zone designation of 5B on the western portion, it does not have a designated development zone on the eastern portion of the subject property. The subject property is also adjacent to and therefore in closest proximity to Development Zone 5B to the west. The project as proposed complies with all development standards for Development Zone 5B, including floor area ratio, building height, and parking. On April 3, 2006, the Planning Commission recommended approval of the current request (SP-2006-2) to extend Development Zone 5B of the Downtown Specific Plan across the entire parcel. Subject Property The subject property is a 1.2 acre public parking lot located between 11th Street and 12th Street, at the intersection (southeast) of A Avenue and 11th Street. The lot has approximately 68-feet of frontage along 11th Street and 153-feet of frontage along 12th Street. Surrounding land uses include the Civic Center complex and Kimball Park to the south of 12th Street, office commercial uses to the west, and single family residences to the north. Adjacent land uses include single-family Residences across 11th Street to the north, a lodge to the east, the City Hall complex to the south across East 12th Street and an office building to the west which is the site of a 22-story residential project (Revolution 2). The single-family residences to the north and the Masonic Lodge to the east are in the IC Zone. The City Hall complex south of East 12th Street is in the Downtown Specific Plan - Zone 15. The office building to the west is part of the Specific Plan area in the 5B Development Zone. Analysis The adoption of the National City Downtown Specific Plan in February 2005 amended the adopted General Plan, serving as a refinement of the goals of the General Plan, and is the governing document for development in the downtown area. The focus of the Specific Plan is the revitalization of downtown National City. The proposed amendment would further the goals of the General Plan and the Specific Plan by extending the existing Development Zone 5B on the western portion of the subject property to the eastern portion of the subject property. aed4 The proposed project for the subject property is a 5-story condominium building consisting of 60 residential units with parking on two basement levels. The low-rise scale of the project would be an appropriate transition and buffer between the more intensive uses envisioned for the National City Boulevard corridor and the less intensive residential neighborhoods to the east, which are outside of the Specific Plan boundaries. The adopted conditions of approval would insure that the development intensity proposed would not be exceeded in order to maintain this appropriate transition in. building mass and form. The current zoning designation on the eastern portion of the subject property provided by the general plan IC (Civic Institutional) does not provide for height, bulk and building area. Also, while the purpose of the IC -designation is to accommodate major public institutional and auxiliary uses, there is no specific restriction to residential development. Specifically, the adopted conditions of approval limit the maximum height to 50-feet (40-feet less than allowed by Development Zone 5B) and the maximum FAR to 1.82 FAR, or 91,900 square feet in floor area (109,329 square feet less than allowed by Development Zone 5B). Conditions of the October 18, 2005, Consistency Review (Resolution No. 2005-92) would insure that the development intensity proposed would not be exceeded in order to maintain this appropriate transition in building mass and form. The project as proposed is well below the maximum FAR and height, and provides more than the required parking. The following table compares the proposed FAR of the project with the maximum FAR allowed by Development Zone 5B. DSP-2005-5 Centro (Proposed) Development Zone 5B (Allowed) Difference Floor Area Ratio 1.82 4 -2.08 Gross Floor Area 91,199 SF 200,528 SF -109,329 SF A public plaza is proposed along the west side of the project that would provide public access between 1 lth Street and 12th Street. This extension of A Avenue would establish a formal pedestrian and vehicular connection from the neighborhoods north of the project to the Civic Center complex and Kimball Park to the south. This connection is one of the major goals identified in the Downtown Specific Plan. The proposed plaza would be approximately 56-feet wide and 260-feet long. A drive lane down the center of the plaza would allow vehicular traffic between 11 th Street to 12th Street, and would provide a bus turnout facility. The applicant has proposed a shuttle service between the public plaza and the San Diego Trolley stations. 30{ y Environmental Review A Program Environmental Impact Report (PEIR) was certified for the Downtown Specific Plan. The PEIR examined potential impacts (i.e. land use, traffic, noise, air quality, etc.) that could result from the implementation of the Specific Plan, and a Mitigation Monitoring and Reporting Program (MMRP) was adopted. Future development of the subject property would be subject to the mitigation measures contained in the MMRP. The proposed Addendum to the PEIR does not update issues discussed in the PEIR; the only update to the PEIR is the establishment of a development zone where none exists. There is no increase in the project area and the development zone is more restrictive than the underlying zoning of the general plan, therefore there is no potential for an increase in the severity of any impacts identified in the Program EIR. The area affected by the amendment 1.20-acres represents less than 1% of the 135-acre DSP total project area. As part of preparing the Addendum to the PEIR, an Initial Environmental Study was conducted, confirming the proposed amendment would not have a significant effect on the environment. 1 NW COR LOT 3 I/4 . 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SELO5 4 114 114 SEC 134 MI51g589_{—ATKWATpERS SUB 1 NAP 136 S DALAHND & WN C010SUB OFRPOR 1/45EC 154 0 ROS 9415 RANCHO DE LA NACIO 2 rn z N ADOPTED DEVELOPMENT ZONE V titi x:lollt ZOtte ATTACHMENT 4 Case File Information: Reference Files: Addendum Completed By: Date: Project Description: Addendum Description: Program EIR Addendum National City Downtown Specific Plan Program EIR SP-2006-2 David Parsons, CDC Project Manager April 4, 2006 A specific plan with land use regulations, development standards, and design guidelines for a 135-acre project area identified as the National City Downtown Specific Plan. Development zone designation where none exists in the National City Downtown Specific Plan project area. Background Environmental review in compliance with California State Law was conducted when the City Council approved the National City Downtown Specific Plan and certified the Program Environmental Impact Report ("PEIR") for the specific plan on February 1, 2005. The PEIR examined many potential impacts (i.e. land use, traffic, noise, air quality, etc.) that could result from the implementation of a Specific Plan that allows intensive mixed -use urban development. Also identified in the PEIR are several significant impacts with mitigation measures that have been incorporated into the project. As desired the approval of the Specific Plan has lead to significant interest in the redevelopment and revitalization of downtown National City. However, some project§ coming forward have illustrated the need for a refinement of the goals of the Specific Plan and the development of precise land use regulations, development standards, and design guidelines to guide development in the downtown core. The purpose of this addendum is to address a 1.2 acre area that has no development zone designation. Project Description The Specific Plan establishes land use regulations, development standards, and design guidelines for the 135-acre Project Area. The Specific Plan does not include any proposed projects or identify any specific development sites. The purpose of the Specific Plan is to provide developers, investors, decision -makers, and citizens with an understanding of the vision for downtown and guidance in implementing quality redevelopment and revitalization of the downtown area. The Specific Plan is intended to provide a roadmap to achieve this vision for the project area over the next 20 years. Project Change The proposed change to the project would be the extension Development Zone 5B on the western portion of the subject property to the eastern portion where no development zone currently exists as shown in Exhibits 2 and 3. Specifically, Development Zone 5B would be extended eastward to include the entire parking lot site located between 11th Street and 12th Street, at the intersection (southeast) of A Avenue and 1lth Street. The proposed change would add no new area to the project area. Environmental Analysis No issues discussed in the Program EIR are updated by this Addendum; the only update is the establishment of a development zone where none exists. There is no increase in the project area and the development zone is more restrictive than the underlying zoning of the general plan, therefore there is no potential for an increase in the severity of any impacts identified in the Program EIR. The area affected by the amendment 1.20-acres represents less than 1% of the 135-acre DSP total project area. Additionally, as the property to be added to the project area is within an urbanized area, and the Specific Plan was considered and approved thirteen months ago, there is no change to the circumstances under which the Specific Plan was approved. Justification for Preparation of an Addendum Pursuant to CEQA §15162, no Subsequent or Supplemental EIR or Negative Declaration is needed for this project since there are no substantial changes to the project or circumstances that will result in new significant impacts or a substantial increase in the severity of previously identified impacts. Furthermore, there is no new information showing that there are mitigation measures or alternatives previously found to be infeasible that are in fact feasible but not proposed by the applicant. Lastly, there is no new information showing that substantially different mitigation measures than those previously identified would reduce significant impacts and that the applicant does not propose these mitigation measures for adoption. The Environmental Analysis and background information above demonstrate that there is no potential for new significant impacts or for a substantial increase in the severity of impacts identified in the certified Program EIR. Since the character of the project and the circumstances of the project area are unchanged the land use/planning, geology/soils, traffic/circulation, aesthetics, noise, air quality, hazards/hazardous materials, population/housing, cultural resources, water services, police protection, fire protection, school facilities, sewage services, and recreation discussions in the Program EIR are still relevant and need not be re-examined. ATTACHMENT 5 2.0 EXECUTIVE SUMMARY 2.1 PROJECT ENVIRONMENTAL SUMMARY The purpose of the Executive Summary is to provide the reader with a summary of the potential environmental project impacts and suggested mitigation measures, if any, that may be associated with adoption and implementation of the proposed National City Downtown Specific Plan. For a complete discussion, it is suggested the reader refer to the text of the PEIR, which addresses potential project impacts, issues and proposed mitigation measures in more detail. The summary of the potential project impacts and recommended mitigation measures as discussed in the PEIR is presented below. Project Summary 2.1.1 LAND USE/ PLANNING Project Impacts The Downtown Specific Plan conforms to all of the policies of the General Plan in terms of promoting sensible infill development and transitioning between residential and commercial uses. The Specific Plan does not conflict with any land use policies of the General Plan. The Specific Plan proposes to change the existing land uses and increase the number of residential units allowed in the Project Area and decrease the amount of commercial and light industrial land use. The adoption of the Specific Plan will require an amendment to the City's General Plan and zoning code. The Project Area is located in a redevelopment area and CDC has the authority to use eminent domain to acquire non-residential property in specific areas. The use of redevelopment funds to assist in the acquisition of properties, assemble parcels, construct infrastructure improvements, etc. will have a positive land use impact towards implementing the Specific Plan. The Specific Plan will encourage new development and remove blight by demolishing buildings, constructing new buildings, upgrading existing buildings to meet current building and fire codes, etc., which will have positive land use effects for the community as a whole. The Specific Plan will have positive impacts by encouraging the private community, City, and CDC to upgrade and improve the physical appearance of the Project Area. The adoption of the Specific Plan will not have any significant direct land use impacts based on the land use threshold criteria. The City will evaluate all future private and public projects for potential land use impacts at the time development plans are submitted for approval for compliance with the Specific Plan. Mitigation Measures There will be no significant land use impacts with the adoption and implementation of the Downtown Specific Plan. Therefore, no mitigation measures are required by CEQA. National City Downtown Specific Plan Program EIR September 2004 Page 4 ATTACHMENT 5 Significance After Mitigation No significant land use impacts are anticipated with adoption and implementation of the Specific Plan. 2.1.2 GEOLOGY/SOILS Project Impacts As with any projects in National City, future development will be exposed to geologic hazards and seismic activity due to active faults that affect National City, including the Project Area. Seismic hardware and construction in compliance with the building code can mitigate impacts due to seismic activity. The incorporation of erosion control measures into future projects will minimize soil erosion impacts. Earthquake induced ground failure such as liquefaction and differential settlement will not impact development in the Project Area. National City follows state regulations and has programs to protect property and residents from geologic hazards. Implementation of these programs relative to the geologic and seismic constraints of development will reduce impacts to a level of insignificance. Since specific development plans for future private as well as public improvement projects are not available at this time it is speculative to identify with any accuracy the direct and indirect soils and geologic impacts that may occur with their construction. The City will determine if additional environmental analysis will be required for compliance with CEQA at the time plans for projects are submitted for approval. Additional environmental analysis to evaluate direct and indirect soil and geologic impacts will be required, if necessary. Mitigation measures will be provided accordingly to reduce significant impacts pursuant to CEQA and local/state building regulations. Mitigation Measures The following mitigation measure is recommended to reduce potential geologic hazard and soil erosion impacts associated with the construction of future public and private projects. 1. Prior to the issuance of a final grading permit a detailed geotechnical investigation shall be approved by the City. The investigation shall include fieldwork (e.g., subsurface exploration, sampling) and laboratory analysis as directed by the City to determine the exact location and extend of potential geologic/seismic hazards. All applicable remedial grading measures and seismic design parameters recommended by the geotechnical engineer shall be incorporated into the project and shown on the final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City. Significance After Mitigation No significant geology/soils impacts are anticipated with the adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. National City Downtown Specific Plan Program EIR September 2004 Page 5 ATTACHMENT 5 2.1.3 TRAFFIC AND CIRCULATION Project Impacts Based on the threshold criteria the adoption and implementation of the Specific Plan will impact key intersections in the Project Area and require mitigation: Main Street at Yama/I-5 Southbound Off ramp (PM: LOS F); Main Street at Division Street (PM: LOS F); National City Blvd at Division Street (AM: LOS F); I-5 South Ramps at 8th Street (AM, PM: LOS F); National City Boulevard at 8th Street (AM, PM: LOS F); National City Boulevard at Plaza Boulevard (AM: LOS E); and I-5 Northbound Onramp at Civic Center Drive (AM, PM: LOS F). Specific Plan traffic will not impact Interstate 5. The proposed parking space requirements are 1.2 spaces per residential unit and 2.5 spaces per 1,000 square feet of floor space for non-residential use. The proposed parking requirements are anticipated to be adequate to serve development allowed by the Specific Plan. Mitigation Measures The following mitigation measures are recommended to reduce impacts to intersections to level of service D. These improvements shall be installed prior to build -out of the Specific Plan or as warranted by the City, whichever is first. 1. Re -stripe the intersection of Main Street at Yama/I-5 southbound off ramp to include two left -turn lanes and a shared through right -turn land for the southbound approach. The improvements shall be coordinated with the City of San Diego and Caltrans. 2. A traffic signal shall be installed at the intersection of Main Street and Division Street. 3. A traffic signal shall be installed at the intersection of National City Boulevard and Division Street. 4. A traffic signal shall be installed at the intersection of 1-5 southbound off ramps and 8th Street. 5. Re -stripe the intersection of I-5 northbound on -ramp at Civic Center Drive to include a left -turn pocket for the northbound approach. 6. Provide bicycle racks when feasible to encourage the use of bicycles. 7. Promote ride -sharing programs for the businesses in the Project Area. 8. National City Transit District shall be notified in writing at least one week prior to the start of construction of any public or private project that will impact an existing bus stop/bus shelter to allow National City Transit District adequate time to provide a temporary bus stop/bus shelter. Significance After Mitigation There will be no significant traffic and circulation impacts with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measures. National City Downtown Specific Plan Program EIR September 2004 Page 6 ATTACHMENT 5 2.1.4 AESTHETICS Project Impacts The Specific Plan design and landscaping guidelines will significantly improve the aesthetics of the Downtown Project Area. The incorporation of the recommended building designs, landscaping, pedestrian amenities to encourage foot -traffic, plaza fountain, etc. will create an improved downtown aesthetic feel. The Downtown Specific Plan should encourage the redevelopment of the downtown area from a mixture of old architecture and design to consistent design throughout the Project Area. The Downtown Specific Plan will have a positive aesthetic impact that may, and is anticipated, to spillover to and have a positive impact to other areas of National City. Construction of hardscape and landscape improvements will significantly improve the aesthetics of the Project Area. All projects, including remodeling of existing buildings as well as new construction, will be reviewed by the City for consistency with the design guidelines of the Specific Plan during the project approval process. Compliance of projects with all applicable design requirements will ensure that development in the Project Area meets the design objectives of the Specific Plan. Mitigation Measures 1. There will be no significant aesthetic impacts with the adoption and implementation of the Downtown Specific Plan. Therefore, no mitigation measures are required by CEQA. Significance After Mitigation No significant aesthetic impacts are anticipated with adoption and implementation of the Specific Plan. 2.1.5 NOISE Project Impacts The development of both public and private projects could increase noise levels in the project vicinity that exceed City adopted noise levels. The development of future projects could increase both short-term (construction) and Long-term (operational) noise levels beyond City standards. The increased noise levels could impact noise sensitive land uses (residential). Potential noise impacts could include both interior and exterior noise levels impacts as well as increasing the ambient, or background noise levels beyond City acceptable limits. Because specific development plans of future projects are not available at this time it is speculative to determine project specific noise impacts, including short or long-term impacts. The City will review all future projects for potential noise impacts at the time plans are submitted for approval. When applicable, noise studies will be required to determine whether or not a project will have noise impacts as determined by the City's Noise Control Ordinance. Mitigation measures to reduce noise impacts will be imposed on projects when applicable to meet the noise ordinance National City Downtown Specific Plan Program EIR September 2004 Page 7 ATTACHMENT 5 and reduce noise impacts to a level of insignificance to comply with CEQA. Based on the threshold criteria the Specific Plan could have significant noise impacts due to future development in the Project Area. Mitigation Measures Upon evaluation of specific projects by the City, if potential significant noise impacts are anticipated the following measure shall be implemented where appropriate: Temporary Impacts 1. To ensure that construction activities comply with the City's Noise Ordinance a Construction Noise Abatement Plan shall be prepared for each construction project and submitted to the City prior to the issuance of demolition, grading or building permits, whichever is issued first. The Plan shall describe the construction activities, equipment required for those activities, and noise level generation characteristics of the equipment to be used. Noise levels at the closest residential use shall be predicted. If projected noise levels will exceed the Noise Ordinance limits, measures to reduce those levels to comply with the Noise Ordinance shall be described and implemented. Long Term Off -Site Impacts The analysis shows that the project will result in a significant traffic noise impact to residences along Civic Center between Wilson Avenue and Roosevelt Avenue. Further, the project will substantially contribute to significant cumulative traffic noise impacts along D Avenue between 8th Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue. Typically sound walls are prescribed to mitigate these impacts. However, in this case, most of the impacted residences front the roadway causing the traffic noise. Building barriers in front of homes is not practical or consistent with the aesthetics and design of the specific plan. Openings would be required to allow access to the streets, which would short-circuit the effectiveness of the noise barriers. The tires interacting with the roadway generate much of the noise generated by traffic. A freshly paved roadway will generally generate substantially lower noise levels than an older worn roadway. However, the reduction in noise levels erodes rather quickly as the new surface is worn. Typically the reduction is completely eliminated within a year. In recent years "low noise" roadway surfaces have been used with success more and more. These surfaces result in lower traffic noise levels than typical roadway surfaces. The question that has lingered is how long the noise reduction qualities exist. Several long-term tests are currently ongoing and indicate that the noise reduction does in fact last over time. The two surfaces most commonly used for their noise reducing qualities are open -graded friction courses (OGFC) and rubberized asphalt. Studies have shown that these surfaces can reduce traffic noise levels by 5 to 10 dB at highway speeds. At lower speeds, the reductions are estimated to be in the 3 to 5 dB range. Use of one of these surfaces on the roadways causing the National City Downtown Specific Plan Program EIR September 2004 Page 8 ATTACHMENT 5 impacts would almost completely eliminate the projected noise level increases due to the project as well as the cumulative increases. To mitigate the significant noise impact caused by increased traffic generated by the project, the following roadway segments should be repaved using OGFC, rubberized asphalt or other roadway surface showing documented long term noise reductions of at least 3 dB; Civic Center between Wilson Avenue and Roosevelt Avenue, D Avenue between 8th Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue. In order to reduce vehicular road noise the following mitigation measure is recommended: 2. These roads (Civic Center between Wilson Avenue and Roosevelt Avenue, D Avenue between 8th Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue) shall be repaved with the noise reducing surfaces prior to issuance of building permits for the specific project that will result in, cumulatively, more than half of the projected increase in trips resulting from the implementation of the specific plan. Long Term Impacts from On -Site Activities The following long-term noise mitigation measure is recommended: 3. As specific commercial projects are submitted for approval they shall be evaluated for noise generating characteristics, the closeness to any residential uses, and the potential for violations of the City's Noise Ordinance. If City staff determines that a proposed commercial project has the potential to violate the City's Noise Ordinance, a detailed noise assessment shall be required. This assessment shall be prepared by a qualified acoustical engineer and describe the noise generating activities and their characteristics as a noise source. Noise levels shall be predicted at the potentially impacted residences and compared with the Noise Ordinance standards. If an exceedance is found, project specific mitigation measures shall be described to reduce the noise levels to below the Noise Ordinance Standards. The noise report shall be submitted to and approved by the City and all mitigation measure incorporated into the building plans prior to issuance of building permits for the project. Long Term On -Site Impacts The noise analysis presents evidence that the residential uses along National City Boulevard, 8th Street, and Plaza Boulevard would be exposed to noise levels in excess of 65 CNEL. Further, indoor noise levels along these roadways and Roosevelt Avenue could be exposed to interior noise levels in excess of 45 CNEL unless properly designed. The noise mitigation measures recommended below will allow development to meet the indoor and outdoor noise level limits of the city. Outdoor Noise Mitigation 3. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most efficient method of reducing outdoor noise exposure levels. The effect of a noise barrier is critically dependent on the geometry National City Downtown Specific Plan Program EIR September 2004 Page 9 ATTACHMENT 5 between the noise source and the receiver. A noise barrier effect occurs when the barrier breaks the "line of sight" between the source and receiver. The greater the distance the sound must travel around the barrier to reach the receiver, the greater the noise reduction of the barrier. To be effective noise barriers are required to have a surface density of at least 3.5 pounds per square foot with no openings or cracks. It may be a solid wall, an earthen berm, or a combination of the two. The wall may be constructed of wood studs with stucco exterior, 1/4-inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier. For patios and balconies the barriers must run along the entire edge of the patio or balcony from building face to building face. Based on the projected traffic noise levels, no residential area would require a barrier with a height greater than 9 feet to reduce noise levels to below 65 CNEL. Typically 5 to 6 foot high barriers will adequately reduce traffic noise levels within the specific plan boundary. However, as no specific projects are proposed the specific locations of any private outdoor living areas are not known. Additionally, final grading plans are required to determine the final barrier heights and ensure compliance with the appropriate standard. The above analysis shows that this standard is achievable with feasible barrier heights. To ensure that residential projects proposed for the project area achieve the 65 CNEL standard, City Staff shall review the preliminary designs to determine if any private outdoor living areas are potentially exposed to noise levels in excess of 65 CNEL. Prior to the issuance of grading permits for any residential area with outdoor living areas potentially exposed to noise levels in excess of 65 CNEL, as determined by the City, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The measures described in the report shall be incorporated into the grading and building plans, as appropriate. Indoor Noise Mitigation 4. New residential uses within the project area will be exposed to noise levels no higher than 76 CNEL. This means that the building structures will need to achieve up to 31 dB of outdoor -to -indoor noise reduction. This level of noise reduction is achievable, but will likely require substantial building upgrades. Most residential uses will not be exposed to noise levels in excess of 69 CNEL, which will require up to a 24 dB outdoor -to -indoor noise reduction. In some cases standard construction will achieve this level of reduction, however, residences along major roadways may require upgraded windows to achieve the required outdoor to indoor noise reduction. With typical residential construction at least 20 dB of outdoor -to -indoor noise reduction is achieved with windows closed. With windows open outdoor -to -indoor National City Downtown Specific Plan Program EIR September 2004 Page 10 ATTACHMENT 5 noise reduction falls to 12 dBA. Therefore, units requiring more than 12 dB of noise reduction require adequate ventilation per the Uniform Building Code to allow windows to remain closed. Typically this is provided through mechanical ventilation. Windows do not need to be sealed shut, but closeable at the occupants' discretion. Units along National City Boulevard, 8`h Street, Plaza Boulevard, and Roosevelt Avenue will require more than 12 dB of noise reduction and mechanical ventilation. With extensive building upgrades, outdoor -to -indoor noise reductions of up to 32 dB can be achieved. All residences require 32 dB or less of outdoor -to -indoor noise reduction. Therefore, the homes in the project will be able to meet the 45 CNEL interior noise standards. Architectural drawings for the homes are not currently available to analyze the actual noise reduction achieved. Prior to issuance of building permits for residential units located along National City Boulevard, 8th Street, Plaza Boulevard, and Roosevelt Avenue, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 45 CNEL interior noise standard. The measures described in the report shall be incorporated into the building plans. Commercial uses located within the 70 CNEL contour from the I-5 Freeway will require up to 26 dBA of outdoor -to -indoor noise reduction to meet the 50 CNEL office interior noise standard. Prior to issuance of building permits for commercial projects units located within the 70 CNEL 1-5 Freeway noise contour as shown in Exhibit 6, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 50 CNEL office and/or 55 CNEL retail interior noise standards. The measures described in the report'shall be incorporated into the building plans. Significance After Mitigation Repaving the roadways with specialized surfaces to reduce traffic noise levels is the only practical way to eliminate the noise impacts from increased traffic generated by the project. While the repaving of the roadway segments where significant project and cumulative noise impacts are projected is expected to eliminate the traffic noise level increases experienced at the affected residences, there is some uncertainty in exactly how much noise reduction will be experienced and how long that reduction will exist. Because of this uncertainty and the lack of other methods to mitigate the impacts, the significant project and cumulative off -site traffic noise impacts are considered unavoidable. 2.1.6 AIR QUALITY Project Impacts The adoption and implementation of the Specific Plan will have both short and long-term air emission impacts and contribute to air quality in the San Diego Air Basin. Based on air quality National City Downtown Specific Plan Program EIR September 2004 Page 11 ATTACHMENT 5 modeling conducted for build -out of the Specific Plan it is not anticipated that future development will exceed any established air quality emission thresholds. However, because specific development projects are not proposed at this time, future projects could emit emissions that exceed air quality thresholds at that time. The City will evaluate all projects for potential air quality impacts at the time plans are submitted for approval. Measures to reduce air emissions will be incorporated when required to reduce both short and long-term air quality impacts for compliance with air emission thresholds enforced by SDAPCD. Mitigation measures are recommended that can be incorporated into the future projects to reduce air emissions, if they could exceed adopted emission thresholds. Mitigation Measures The following mitigation measures are recommended for incorporation into future projects to further reduce air emissions. Short Term Construction If air quality impacts associated with construction of an approved project exceed the significance thresholds, mitigation measures identified below should be implemented as feasible to reduce emissions of the project. Mitigation measures from the SCAQMD are presented below and are recommended for projects in the SDAB, where applicable. The following measures are recommended to reduce pollutant emissions from construction activities. The construction operators shall implement these measures. • Use water trucks to keep all areas where vehicles move damp enough to prevent dust raised when traveling on the site; • Wet down the site in the late morning and after work is completed for the day; • After construction, wet inactive areas down to reduce windblown dust; • Employ street sweeping, should silt be carried over to adjacent public roadways; • Wash off trucks leaving the site; • Reestablish ground cover on the construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods (such as two months or more); • Maintain construction equipment engines by keeping them tuned; and • Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. Long Term The most significant reductions in regional and local air pollutant emissions are attainable through programs, which reduce the vehicular travel associated with the project. Support and compliance with the RAQS for the basin is the most important measure to achieve this goal. The RAQS includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Additionally, energy conservation measures are included. None of these recommended mitigation measures are strictly required. However, all relevant measures should be applied to the greatest extent possible. National City Downtown Specific Plan Program EIR September 2004 Page 12 ATTACHMENT 5 TDM Measures • Schedule truck deliveries and pickups for commercial uses during off-peak hours when feasible. This will alleviate traffic congestion, therefore, emissions during the peak hour. • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. Presumably, this measure would improve traffic flow into and out of the parking lot. The air quality benefits are incalculable because more specific data is required. • Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. Again, the areas where this measure would be applicable are the intersections in and near the project area. Presumably, these measures would improve traffic flow. Emissions would drop as a result of the higher traffic speeds, but to an unknown extent. • Provide on -site services. Provide incentives such as on -site ATMs and other similar measures that address lifestyle needs. These measures reduce the VMT, but the air quality benefit cannot be quantified because more specific data is required. Energy Efficiency Measures and Additional Measures • Compliance with Title 24, Part 6, California's Energy Efficiency Standards for Residential and Nonresidential Buildings. All buildings must comply with Title 24, Part 6. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy and a reduction in pollutant emissions. • Develop operational emissions mitigation plan. Prior to approval of.each building permit for a commercial or office use, the applicant shall submit to the Director of Planning for approval, an operational emissions mitigation plan. The plan shall identify implementation procedures for each of the following emissions reduction measures. If certain measures are determined infeasible, an explanation thereof shall be provided in the operational emissions mitigation plan. o Utilize built-in energy -efficient appliances to reduce energy consumption and emissions. o Utilize energy -efficient and automated controls for air conditioners and lighting to reduce electricity consumption and associated emissions. • Develop plans to facilitate walking and use of bicycles. Prior to approval of each tentative tract map, the Applicant shall submit to the Director of Community Development for approval, a plan showing pedestrian/bicycle trails that facilitate connections to public facilities such as schools, parks, and regional trails, as well as between residential neighborhoods. National City Downtown Specific Plan Program Ell( September 2004 Page 13 ATTACHMENT 5 o Where possible, connect residential areas to public facilities, parks, regional trails and other residential neighborhoods with pedestrian/bicycle trails. o Where possible, connect commercial areas to adjacent residential areas via bike/walking paths. Coordinate with SDTC regarding the location of bus turnouts and bus routes within the project area. Significance After Mitigation As discussed above, specific development projects are not proposed as part of the specific plan. Because of this, it is speculative and not possible to produce reasonable estimates of construction related emissions. It is highly probable that emissions from some projects that will be developed as a result of the Specific Plan will generate construction emissions in excess of the significance thresholds. The short-term construction emissions can be reduced to some extent by the mitigation measures described above. However, it is probable that some construction emissions would still be in excess of the significance thresholds with mitigation. Therefore, short-term construction emissions associated with the project are considered unavoidable and adverse. Regional Impacts The long-term regional air quality impact due to the proposed project will be reduced to an extent with the mitigation measures described above. However, the amount of reduction cannot be quantified. The CO emissions increase due to the project would most likely remain above the significance thresholds even with incorporation of the recommended mitigation measures. Therefore, CO emission increases resulting from the project are considered unavoidable and adverse. Local Air Quality Impacts The CO emissions are projected to be in compliance with the 1-hour and 8-hour state and federal standards, therefore, the CO impacts are not considered to be significant. 2.1.7 HAZARDS AND HAZARDOUS MATERIALS Project Impacts The Downtown Specific Plan will not directly create a significant potential public health hazard or involve the use, manufacture, or disposal of materials that will pose a hazard to people and planned populations. The adoption and implementation of the Specific Plan will encourage the development of both public and private projects in the Project Area. It is speculative, however to determine if the Specific Plan could expose humans to significant health hazards if hazardous materials have been spilled. The development of sites that used hazardous materials in the past could expose the public or the environment to hazards due to the development of such sites. All properties proposed for development with spilled hazardous materials will have to comply with National City Downtown Specific Plan Program EIR September 2004 Page 14 ATTACHMENT 5 all applicable local, county, state and federal laws regarding the remediation of the hazardous materials prior to development. The Specific Plan will not change the requirements to remediate contaminated properties prior to development. Assistance by the Community Development Commission to construct public or private projects will not change or alter any local, county, State or federal requirements to remove hazardous materials in compliance with all applicable laws and regulations. Based on the threshold criteria, the Downtown Specific Plan will encourage development of property in the Project Area. It is possible that some sites in the Project Area may be contaminated with hazardous materials and result in significant adverse hazards and hazardous material impacts to the public or the environment. Mitigation Measures The following measures are recommended to mitigate potential hazardous material impacts of development in the Project Area with the adoption and implementation of the Specific Plan: 1. Prior to development of any property that was formerly occupied by or adjacent to existing facilities that used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be approved by the City of National City to evaluate the potential for soil and groundwater contamination. If warranted by the Phase 1 environmental site assessment, soil and possibly groundwater sampling shall be required. 2. Asbestos, mercury, and a lead -based paint survey of existing buildings shall be conducted prior to any renovation or demolition activities to the satisfaction of the City. 3. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase II, and/or asbestos, mercury, or lead -based paint evaluation indicates the presence of these materials or the potential for hazardous materials at levels requiring mitigation, all remedial measures identified in the studies shall be shown on the face of the grading plans and/or incorporated into contractor specifications prior to awarding the construction contract or issuance of a demolition permit, whichever is first. All remedial measures required by law shall be implemented and completed prior to the issuance of grading or building permits, whichever is issued first. Significance After Mitigation There will be no significant hazardous waste impacts with adoption and implementation of the Specific Plan and implementation of the recommended mitigation measures. National City Downtown Specific Plan Program EIR September 2004 Page 15 ATTACHMENT 5 2.1.8 POPULATION AND HOUSING Project Impacts The Specific Plan will allow an increase in the number of residential units that can be constructed in the Project Area beyond the number currently allowed by the General Plan. An increase in the number of housing units that can be provided tothe residents of National City will allow the City to provide a range of housing types towards meeting more of the housing needs of the community. In addition, because the Project Area is in a redevelopment project area the Community Development Commission has the legal authority to assist to provide financial assistance to upgrade, improve and provide additional residential housing, including low and moderate housing, which will be a positive impact for the community. The Specific Plan will require the City to adjust its projected housing and population projections to reflect the increase in the number of residential units. The Specific Plan will not require a displacement of a large number of people, rather it will allow construction of increased housing units to meet some of the current housing need in National City. The commercial and light industrial development proposed by the Specific Plan is less than allowed by the existing general plan, thus the project will not create a substantial demand for additional housing. Based on the threshold criteria the Specific Plan will not have a significant housing or population impact. Although the Downtown Specific Plan will increase the overall number of residential units allowed in National City, the City will adjust its housing and population projections accordingly during the upcoming Housing Element update. Mitigation Measures The Specific Plan will not have any significant housing or population impacts, therefore, no mitigation measures are required. Significance After Mitigation No significant population or housing impacts are anticipated with adoption and implementation of the Specific Plan. 2.1.9 CULTURAL RESOURCES Project Impacts Based on the threshold criteria, the Specific Plan will not impact any national or local historical resources. The Specific Plan does not propose to demolish or remodel any of the buildings in the Project Area that are registered as national or local historic structures. Mitigation Measures Since no significant cultural resource impacts have been identified no mitigation measures are required. National City Downtown Specific Plan Program EIR September 2004 Page 16 ATTACHMENT 5 Significance After Mitigation No significant impacts to cultural resources are anticipated with adoption and implementation of the Specific Plan. 2.1.10 PUBLIC SERVICES Water Service Project Impacts The Specific Plan will encourage development that may increase the demand for potable water for drinking, fire suppression, and landscape maintenance. New development and/or redevelopment could require upgrades to the existing distribution system in order for development to have an adequate supply of water. The construction of upgrades to the existing water distribution system could have construction impacts, which will have to be specifically identified at the time water improvement plans are submitted for approval. The City, in conjunction with the Sweetwater Authority, will determine whether or not an adequate supply of water can be provided at the time development plans are submitted for approval. The Sweetwater Authority may require improvements to the existing water distribution system in order for a project to have an adequate supply of water. Projects will be required to incorporate all state mandated water conservation measures as applicable to reduce water consumption. The incorporation of state mandated as well as suggested water conservation measures will reduce water impacts to less than significant. Mitigation Measures The following mitigation measures are recommended to reduce water consumption impacts: 1. All water utility plans shall be approved by the Sweetwater Authority to ensure that adequate water service is provided to the development. 2. The City shall require the incorporation of all state mandated water conservation measures. The City shall also require the additional incorporation, as applicable, of water conservation measures including water efficient dishwashers, water pressure reducing valves, hot water pipe insulation, and hot water on -demand units as applicable. Significance After Mitigation No significant water distribution and supply impacts are anticipated with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measures. National City Downtown Specific Plan Program EIR September 2004 Page 17 ATTACHMENT 5 Police Service Project Impacts The Specific Plan is anticipated to encourage development and increase the need the police protection services. Although measures can be incorporated into future projects to improve police safety, additional development will increase calls for service. An increase in service calls could impact the time it takes for police officers to respond to Priority One, Priority Two, and Priority Three calls. Additional service calls could impact the Police Department's ability to maintain desired levels of police service. Future development plans will be reviewed by the Police Department at the time they are submitted to the city for approval. The Police Department will, during their review, determine if design changes or safety hardware can be incorporated to reduce calls for service. The incorporation of the Police Department's recommendations will reduce calls for police protection. The development of additional projects in the Project Area may require additional police protection personnel and/or equipment to meet the Departments desired response times. Based on the threshold criteria, the Specific Plan could indirectly have significant impacts on police protection services. Mitigation Measures The following mitigation measure is recommended to reduce police protection impacts: 1. The Police Department shall review all future development projects for police protection impacts and ensure that additional police personnel and/or equipment are provided to provide an acceptable level of police protection services deemed acceptable by the Police Department prior to the issuance of building permits. Significance After Mitigation No significant police protection impacts are anticipated with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. Fire Protection Project Impacts The Specific Plan will encourage new development and redevelopment of existing uses. Increased development will increase the need for fire protection services. Additional demand for fire protection services could impact the Fire Department by reducing the ability of fire units to respond to calls throughout the City within its desired response time of five minutes. The Fire Department maintains a comprehensive Automatic Aid Agreement for fire protection services with the surrounding cities, including the County of San Diego. This agreement was established to provide assistance for major emergency incidents. All protected jurisdictions have mutually agreed to dedicate their resources, to the extent feasible, to major incidents in the state. If a fire emergency occurs in National City that requires additional fire personnel and equipment, fire departments from surrounding jurisdictions will respond when requested. Future development National City Downtown Specific Plan Program EIR September 2004 Page 18 ATTACHMENT 5 plans will be reviewed by the Fire Department for compliance with the fire code. Additional measures to improve fire safety and reduce service calls will also be recommended by the Fire Department. Based on the threshold criteria, the Specific Plan could have significant impacts on the Fire Department by reducing emergency response times. Mitigation Measures The following mitigation measure is recommended: 1. The Fire Department shall review all future development projects for fire protection impacts and ensure that additional fire personnel and/or equipment are provided to provide an acceptable level of fire protection services deemed acceptable by the National City Fire Department prior to the issuance of building permits. Significance After Mitigation No significant fire protection impacts are anticipated with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. School Facilities Project Impacts Based on the threshold criteria the Specific Plan could have a significant impact on public schools due to an increase in the population in the Project Area. An increase in the population could increase the number of students that will attend area schools. The payment of developer impact fees as allowed by state law prior to the issuance of building permits will mitigate the impact due to the generation of additional students that will be generated by new development, both residential and commercial. Mitigation Measures Since no significant school impacts have been identified with adoption and implementation of the Specific Plan, no mitigation measures are recommended. Significance After Mitigation There will be no significant school impacts with adoption and implementation of the Specific Plan, therefore no mitigation measures are recommended. Sewage Services Project Impacts The Specific Plan proposes to increase the amount of development, which will impact the existing sewage collection system that serves the central portion of the Project Area. The sewer National City Downtown Specific Plan Program EIR September 2004 Page 19 ATTACHMENT 5 system that serves the central portion may have to be upgraded to serve future sewage flows if they cannot be handled by existing facilities. The construction of upgrades to the sewage collection system could have construction impacts, which will have to be specifically identified at the time sewer improvement plans are submitted for approval. If development projects require upgrades to existing sewage collection facilities the project developer will have to pay the cost to upgrade the facilities in conjunction with project construction. Mitigation Measures The following mitigation measure is recommended to ensure that adequate sewage collection facilities are available to serve new development. 1. All development projects shall be reviewed by the National City Public Works Department to make sure that adequate sewer collection facilities will be available to serve the project. If the Public Works Department determines the existing sewer collection facilities are not adequate the project developer shall construct the facilities necessary to the satisfaction of the City Engineer prior to the issuance of occupancy permits. Significance After Mitigation There will be no significant sewage impacts with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. 2.1.11 Recreation Project Impacts Based on the threshold criteria, the adoption and implementation of the Specific Plan will not result in any significant park or recreational impacts. The City will collect a fee for each new residential unit constructed in the Project Area. The monies will be used to upgrade or provide additional recreational facilities as needed and the park fee will mitigate the impacts of the project on park and recreational resources. There are no activities associated with the Specific Plan that will reduce or eliminate existing park or recreational facilities. The Specific Plan will have positive impacts by providing additional landscaped open space and passive recreational facilities in the Project Area, including a linear trail, sitting areas, fountain, etc. Mitigation Measures Since no significant park and recreational impacts have been identified with the adoption and implementation of the Specific Plan, no mitigation measures are recommended. National City Downtown Specific Plan Program EIR September 2004 Page 20 ATTACHMENT 5 Significance After Mitigation No significant park and recreational impacts are anticipated with adoption and implementation of the Specific Plan. 2.2 PROJECT ALTERNATIVES The Project Alternatives presented in Section 7.0 of this document were provided as required by Section 15126.6 of the CEQA Guidelines. Alternatives to the project are provided to reduce potential significant environmental effects that may be associated with adoption and implementation of the proposed Downtown Specific Plan as well as feasible project alternatives. The project alternatives discussed in this Program EIR include the "No Project", as required by CEQA and Expanding the Project Area. Project alternatives are required to reduce potential environmental impacts associated with a proposed. project. The Program EIR identified several potentially significant impacts with adoption and implementation of the Specific Plan. However, mitigation measures are recommended accordingly to reduce the impacts to levels of insignificance in all instances. The project alternatives discuss changes to the Downtown Specific Plan that could reduce potential environmental impacts. Neither of the project alternatives is preferred to the proposed Specific Plan because neither alternatives will completely eliminate project impacts and accomplish the goals of -the Specific Plan. 2.3 AREAS OF CONTROVERSY/ISSUES TO BE RESOLVED CEQA requires the EIR Summary to identify areas of controversy known to the lead agency, including issues raised by public agencies, issues to be resolved including the choice among alternatives, and how to mitigate potential significant effects. A copy of the Notice of Preparation/Initial Study was mailed to all responsible, trustee and taxing agencies as required by CEQA to solicit their environmental concerns with the project. The responses received by the responsible and trustee agencies to the Notice of Preparation/Initial Study discussing their issues or concerns with adoption and implementation of the Specific Plan are presented in Appendix B. Responses were received from the following public agencies during the 30-day Notice of Preparation/Initial Study review period: a. Carol Baubatz, Native American Heritage Commission b. Greg Holmes, Department of Toxic Substances Control c. Terry Roberts, Governor's Office of Planning and Research d. Mario H. Orso, Department of Transportation, District 11 This Program EIR presents as much information as possible regarding the issues raised by the public agencies listed above. Information such as the specific location of future development projects is not known at this time. Therefore, it is speculative to determine specifically the final development density, number of residential units, height of buildings, square footage of National City Downtown Specific Plan Program Ent September 2004 Page 21 ATTACHMENT 5 commercial or industrial use, site access, design, etc. associated with future development of individual sites within the Project Areas pursuant to the Specific Plan. Detailed project information will be available for further analysis at the time specific projects are submitted to the City for approval. The City will determine whether or not subsequent environmental evaluation as required by CEQA will be undertaken at the time each project is submitted for approval. National City Downtown Specific Plan Program EIR September 2004 Page 22 ATTACHMENT 6 1. PROJECT TITLE/PROJECT #: Specific Plan Amendment (SP-2006-2) 2. LEAD AGENCY: City of National City Community Development Commission 1243 National City Boulevard National City, CA 91950 Contact: Raymond Pe, AICP Phone: (619) 336-4421 3. PROJECT LOCATION: Parking lot between 11th Street and 12th Street, east of A Avenue within the City of National City (APN 556-554-16) 4. PROJECT PROPONENT: Constellation Property Group 1133 Columbia Street, Suite 101 San Diego, CA 92101 Contact: Mathew Cumming Phone: (619) 234-3032 5. GENERAL PLAN/ZONING: Downtown Specific Plan (Development Zone 5B and Unclassified) 6. ASSOCIATED APPLICATIONS: Consistency Review (DSP-2005-5) Tentative Subdivision Map (SUB-2006-05) 7. PROJECT DESCRIPTION: The subject property is a parcel located within the National City Downtown Specific Plan; however, only a small portion of the parcel is designated with a development zone (Development Zone 5B). The remaining major portion of the parcel has no development zone designation. The project is an amendment of the Downtown Specific Plan that would designate the remaining portion of the parcel as "Development Zone 5B" and would allow for the future development of the parcel. Zone 5B allows residential/commercial mixed -use and a floor -area ratio of 5:1 and a maximum height of 90-feet. The Community Development Commission Board has approved Consistency Review (DSP-2005-5) for the development of the parcel subject to the proposed specific plan amendment.. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A Initial Study - Page 2 of 19 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use & Planning ❑ Population & Housing ❑ Geological Problems O Water 0 Air Quality O Transportation/Circulation O Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Noise ❑ Mandatory Findings of Significance LEAD AGENCY DEl'ERMINATION: On the basis of this Initial Evaluation: ❑ Public Services ❑ Utilities & Service Systems O Aesthetics ❑ Cultural Resources ❑ Recreation I find that the proposed project COULD NOT have a significant effect on the environment. A PROGRAM ENVIRONMENTAL IMPACT REPORT was prepared for the Downtown Specific Plan, and an ADDENDUM will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. r'i6ymond Pe, AICP Redevelopment Projects Manager Date: March 6, 2006 X El El Initial Study - Page 3 of 19 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3) (D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. Initial Study - Page 4 of 19 ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 6,7) Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation ❑ ❑ X Discussion: The amendment and any subsequent development under `Developiment Zone 5B' would not have a substantial adverse effect on a scenic vista. There are no scenic vistas on or near the project site that would be impacted by this project. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not substantially damage scenic resources. There are no such resources on or near the project site that would be impacted by the project. The project site has been developed as a parking lot. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 6,7) X Discussion: The amendment and any subsequent development would not substantially degrade the existing visual character or quality of the site and its surroundings. The site is located in an urbanized area surrounded by developed land uses. The project site has been developed as a parking lot. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1,2,3,6,7) Discussion: The amendment and any subsequent development would not create a new source of substantial light or glare which would adversely affect day or nighttime views. The light or glare generated by potential projects in Development Zone 5B would be insignificant and subject to development and design standards and guidelines to minimize light and glare pollution; therefore, there would be a less than significant impact. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Sources:1,6,7) Discussion: The amendment and any subsequent development would not convert prime farmland, unique farmland, or X X Initial Study - Page 5 of 19 Potentially Less Than Less Than No Significant Significant Significant Impact ation ISSUES with Supporting Documentation & Sources Impact I cow Incorporation Impact r farmland of Statewide importance. The project site is not mapped nor planned to be mapped as farmland, and has been developed as a parking lot. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not conflict with any existing zoning for agricultural use or a Williamson Act contract. The site is not zoned for agricultural use and does not have a Williamson Act contract associated with the land. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? (Sources: 1,6,7) Discussion: The amendment and any subsequent development would not involve changes to the existing environment which could result in the conversion of farmland to non-agricultural uses. The project site is located in an urbanized area and does not contain farmland. The surrounding area has been developed with non-agricultural uses. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. X III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1,6,7,8) Discussion: The amendment and any subsequent development would not conflict with or obstruct implementation of the applicable air quality plan. According to the San Diego Air Pollution Control District, the development of single-family residences within an urbanized area would have a less than significant impact. Subsequent development of the project site would not conflict with or obstruct implementation of the applicable air quality plan based on the permitted uses and intensity of development of the proposed land use designation. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. ❑ 1 x b) Violate any air quality standard or contribute substantially to an X existing or projected air quality violation? (Sources: 1,6,7,8) Discussion: The amendment and any subsequent development would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. According to the San Diego Air Pollution Control District, the development of single-family residences within an urbanized area would have a less than significant impact. Subsequent development of the project site would not violate any air quality standard or contribute substantially to an existing or projected air quality violation based on the permitted uses and intensity of development of the proposed land use designation. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1,6,7,8) Discussion: The amendment and any subsequent development would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is designated as non -attainment under an applicable federal or state ambient air quality standard. According to the San Diego Air Pollution Control District, the development of single- family residences within an urbanized area would have a less than significant impact. Subsequent development of the LI Initial Study - Page 6 of 19 ISSUES with Supporting Documentation & Sources Potentially Less Than less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation project site would not result in a cumulatively considerable net increase of any criteria pollutant based on the permitted uses and intensity of development of the proposed land use designation. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1,2,6,7) ❑ Discussion: The amendment and any subsequent development would not expose sensitive receptors to substantial pollutant concentrations. Substantial pollutant concentrations are not associated with the permitted uses of the proposed land use designation. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. e) Create objectionable odors affecting a substantial number of people? (Sources: 1,2,6,7) ❑ Discussion: The amendment and any subsequent development would not create objectionable odors affecting a substantial number of people. Objectionable odors are not associated with the permitted ices of the proposed land use designation. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1, 6, 7) C ❑ x Discussion: The amendment and any subsequent development would not have a substantial adverse effect on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project site is located in an urbanized area and has been developed as a parking lot and does not contain such habitat. The surrounding area has been developed with urban land uses and does not contain such habitat. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1, 6,7) ❑ C X Discussion: The amendment and any subsequent development would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. The project site is located in an urbanized area and has been developed as a parking lot and does not contain such habitat. The surrounding area has been developed with urban land uses and does not contain such habitat. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not have a substantial adverse effect on federally protected wetlands. There are no wetlands located on or near the project site. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife C X X Initial Study - Page 7 of 19 ISSUES with Supporting Documentation & Sources nursery sites? (Sources: 1,6,7) Discussion: The amendment and any subsequent development would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The project site is located within an urbanized area, surrounded by developed urban land uses. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1,6,7) Discussion: The amendment and any subsequent development would not conflict with any local policies or ordinances protecting biological resources. There are no biological resoures on the site, and there are no such policies or ordinances that would specifically apply to the project site. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1,6,7) Discussion: The amendment and any subsequent development would not conflict with the provisions of an adopted conservation plan. There is no habitat on the project site, and there are no adopted conservation plans that apply to the project site. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. C C ❑ x V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section15064.5? (Sources:1,6,7) Discussion: The amendment and any subsequent development would not cause adverse change in the significance of a historical resource. According to Section 15064.5, there are no significant historical resources on the project site, which has been previously developed as a parking lot. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. C ❑ C x b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not cause adverse change in the significance of an archaeological resource. According to Section 15064.5, there are no significant historical resources on the project site, which has been previously developed as a parking lot. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. C C ❑ x c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. There are no known features of this type on the project site, which has been previously developed as a parking lot. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. ❑ ❑ X d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not disturb any human remains, including those ❑ ❑ X X Initial Study - Page 8 of 19 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact w/ Mitigation Impact Incorporation interred outside of formal cemeteries. There are no known human remains on the project site, which has been previously developed as a parking lot. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not expose people or structures to potential substantial adverse effects involving a rupture of a known earthquake fault. Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to. build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. There are no active faults in the project area. Due to the number and nature of active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur, therefore, there is a less than significant impact. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. ii) Strong seismic ground shaking? (Sources: 1,6,7) X Discussion: The amendment and any subsequent development would not expose people or structures to potential substantial adverse effects involving seismic ground shaking. Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. There are no active faults in the project area. Due to the number and nature of active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur, therefore, there is a less than significant impact. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. iii) Seismic -related ground failure, including liquefaction? (Sources: 1,6,7) C x Discussion: The amendment and any subsequent development would not expose people or structures to potential substantial adverse effects involving seismic -related ground failure, including liquefaction. Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. There are no active faults in the project area. Due to the number and nature of active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur, therefore, there is a less than significant impact. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. iv) Landslides? (Sources: 1,6,7) X Discussion: The amendment and any subsequent development would not expose people or structures to potential substantial adverse effects involving landslides. The project site and surrounding area have been fully developed with urban land uses. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. Initial Study - Page 9 of 19 ISSUES with Supporting Documentation & Sources b) Result in substantial soil erosion or the loss of topsoil? (Sources:1,6,7) Discussion: The amendment and any subsequent development would notresult in substantial soil erosion or the Loss of topsoil. The project site and surrounding area have been fully developed with urban land uses. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 1,6,7) Discussion: The amendment and any subsequent development would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse. The project site and surrounding area have been fully developed with urban land uses. Any applicable mitigation mrasures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. ❑ _ X ❑ _ X d) Be located on expansive soil, as defined in Table 18-1-B of the ❑ ❑ X Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 1,6,7) Discussion: The amendment and any subsequent development would not be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. The project site and surrounding area have been fully developed with urban land uses. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 1, 6,7) Discussion: Any subsequent development of the project site would have traditional sewer laterals which will connect with the existing sewer system which serves the City. There would be no need for the use of septic tanks or alternative waste water disposal systems. VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Hazardous materials are not associated with the permitted uses of the proposed land use designation. X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: I., 6,7) Discussion: The amendment and any subsequent development would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. There are no hazardous materials associated with the permitted uscs of the proposed land use designation. X X Initial Study - Page 10 of 19 ISSUES with Supporting Documentation & Sources c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school. There are no hazardous materials associated with the permitted uses of the proposed land use designation. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1, 6,7) Discussion: The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 environment. Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation C - x 1 ❑ 1 x e) For a project located within an airport land use plan or, where such C _ C a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 2, 6,7) Discussion: The project site is not located within an airport land use plan or within two miles of a public use airport. f) For a project within the vicinity of a private airstrip, would the ❑ ❑ C X project result in a safety hazard for people residing or working in the project area? (Sources: 1, 2, 6,7) Discussion: The project site is not located within the vicinity of a private airstrip. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Subsequent development would be urban infill development of a previously developed site within an urbanized area, and would occur within the boundaries of the site. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 6,7) Discussion: The amendment and any subsequent development would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. The project site is located within an existing urbanized area and surrounded by developed urban land uses. VIII. HYDROLOGY AND WATER QUALITY Would the project: C L x a) Violate any water quality standards or waste discharge — x requirements? (Sources: 1, 2, 6,7) Discussion: The amendment and any subsequent development would not violate any water quality standards or waste charge requirements. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific tian would apply to subsequent development of the project site. b) Substantially deplete groundwater supplies or interfere substantially Initial Study - Page 11 of 19 ISSUES with Supporting Documentation & Sources with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 2, 6,7) Discussion: The amendment and any subsequent development would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Subsequent development would not disturb the groundwater table. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1, 2, 6,7) Discussion: The amendment and any subsequent development would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site. The project site and surrounding area have been fully developed with urban land uses, and subsequent development would not alter existing drainage patterns. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation [ ❑ ❑ X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1, 2, 6,7) Discussion: The amendment and any subsequent development would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site. The project site and surrounding area have been fully developed with urban land uses, and subsequent development would not alter existing drainage patterns or substantially increase the rate or amount of surface runoff. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. e) Create or contribute runoff water which would exceed the capacity ❑ ❑ _ X of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 2, 6,7) Discussion: The amendment and any subsequent development would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. The project site and surrounding area have been fully developed with urban land uses, and subsequent development would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. f) Otherwise substantially degrade water quality? (Sources: 1, 2, 6,7) X Discussion: The amendment and any subsequent development would not substantially degrade water quality. The project site and surrounding area have been fully developed with urban land uses, and subsequent development would not substantially degrade water quality. Any applicable mitigation measures contained in the Program EIR for the Downtown Specific Plan would apply to subsequent development of the project site. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 2, 6, 7) X Initial Study - Page 12 of 19 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact w/ Mitigation Impact Incorporation Discussion: The project site is not located within a mapped 100-year flood hazard area. h) Place within a 100-year flood hazard areastructures which would impede or redirect flood flows? (Sources: 1, 2, 6,7) ❑ [ X Discussion: The project site is not located within a mapped 100-year flood hazard area. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1, 2, 6, 7) Discussion: The project would not expose people or structures to a significant risk or loss, injury or death involving flooding, including failure of a levee or dam. The project site is located in an urbanized area and designed with adequate drainage improvements to prevent flooding. The project site is not within a failure area of a levee or dam, therefore no impact. ❑ = X j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 2, 6, 7) X Discussion: The project site would not be inundated by seiche, tsunami or mudflow. The project site is not in close proximity to any water features that would create these natural disasters and affect the project site. IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1,2,6,7) Discussion: The project would not physically divide an established community. The project site has been previously developed as a parking lot and is surrounded by existing developed urban land uses. Subsequent development of the project site would be urban infill development that would not extend beyond the site. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 6,7) Discussion: The amendment and any subsequent development would not conflict with any applicable land use plans, policies or regulations. In fact, the amendment is intended to apply the appropriate land use development zone to the project site, which is located within the Downtown Specific Plan, but does not have a development zone designation for the majority of the site. The proposed amendment would apply the existing development zone that is located on a minor portion of the site to the remaining portion of the site. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources: 1, 2, 6) [ _ X Discussion: The project would not conflict with any applicable habitat conservation plan or natural community conservation plan. The project site is not associated with any conservation plans. X X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1, 6,7) X Initial Study - Page 13 of 19 ISSUES with Supporting Documentation & Sources Discussion: The project would not result in the loss and availability of a known mineral resource that would be of value to the region and the residences of the State of California. There are no known mineral resources on the project site. Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation impact Incorporation b) Result in the loss of availability of a locally -important mineral — ❑ ❑ X resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 6,7) Discussion: The project would not result in the loss of availability of a locally -important mineral resource. There is no known locally -important mineral resource on the project site or delineated in any land use plan. XL NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2,6,7) Discussion: The project would not expose persons to or generate noise levels in excess of locally established standards. The types of land uses permiteed by the proposed land use designation are not associated with excessive noise levels. Any subsequent development would be subject to the City's noise ordinance and applicable mitigation measures of the Program EIR of the Downtown Specific Plan. r b) Exposure of persons to or generation of excessive groundborne C vibration or groundborne noise levels? (Sources: 1, 2,6,7) Discussion: The project would not expose persons to or generate excessive groundbourne vibration or noise levels. The types of land uses permiteed by the proposed land use designation are not associated with excessive vibration or noise levels. Any subsequent development would be subject to the City's noise ordinance and applicable mitigation measures of the Program EIR of the Downtown Specific Plan. ❑ x c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2,6,7) Discussion: The project would not create a substantial permanent increase in ambient noise levels in the project vicinity. The project site is located in an urbanized area and surrounded by existing developed urban land uses. Any subsequent development' would be subject to the City's noise ordinance and applicable mitigation measures of the Program EIR of the Downtown Specific Plan d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2,6,7) Discussion: The project would not create a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. The project site is located in an urbanized area and surrounded by existing developed urban land uses. Any subsequent development would be subject to the City's noise ordinance and applicable mitigation measures of the Program EIR of the Downtown Specific Plan. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources:1,2,6,7) Discussion: The project site in not located within an airport land use plan or within two miles of a public use airport. C x ❑ f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to X X Initial Study - Page 14 of 19 ISSUES with Supporting Documentation & Sources excessive noise levels? (Sources: 1, 2,6,7 Discussion: The project site is in not located within the vicinity of a private airstrip. XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 6,7) ❑ ❑ X Discussion: The project would not induce substantial population growth. The project site is located in an urbanized area and surrounded by existing developed urban land uses. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units. b) Displace substantial numbers of existing housing, necessitating the C ❑ construction of replacement housing elsewhere? (Sources: 1, 6,7) ❑ X Discussion: The project site is developed as a parking lot. No existing housing would be displaced. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1,6,7) Discussion: The project site is developed as a parking lot. No people would be displaced. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 6,7) 11 Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation X C C X ❑ Discussion: The Project would not result in significant impacts related to fire protection. The project site is currently and will continue to be served by the National City Fire Department. Any subsequent development would be subject to the applicable mitigation measures of the Program EIR of the Downtown Specific Plan. Police protection? (Sources: 1,6,7) X Discussion: The Project would not result in significant impacts related to police protection. The project site is currently and will continue to be served by the National City Police Department. Any subsequent development would be subject to the applicable mitigation measures of the Program EIR of the Downtown Specific Plan. Schools? (Sources: 1, 6,7) X Discussion: The Project would not result in significant impacts related to schools. The project site is currently and will continue to be served by the National City School District and Sweetwater Union High School District. Any subsequent development would be subject to the applicable mitigation measures of the Program EIR of the Downtown Specific Plan. Initial Study - Page 15 of 19 ISSUES with Supporting Documentation & Sources Parks? (Sources: 1,6,7) Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation [ ❑ x L Discussion: The Project would not result in significant impacts related to parks. The project site is currently and will continue to be served by National City park facilities. Any subsequent development would be subject to the applicable mitigation measures of the Program EIR of the Downtown Specific Plan. Other public facilities? (Sources: 1,6,7) [ ❑ X C Discussion: The Project would not result in significant impacts related to other public facilities. The project site is currently and will continue to be served by existing public facilities. Any subsequent development would be subject to the applicable mitigation measures of the Program EIR of the Downtown Specific Plan. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1,6,7) Discussion: The project would not increase the use of existing neighborhood and regional parks and recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1,6,7) Discussion: The project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units. XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 6, 7) Discussion: The project would not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units, which would result in an estimated 360 daily vehicle trips and not exceed SANDAG's threshold for significance (500 trips). [ x L Initial Study - Page 16 of 19 ISSUES with Supporting Documentation & Sources b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1,6,7) Discussion: The project would not exceed, either individually or cumulatively, the level of service standard established by SANDAG. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units, which would result in an estimated 360 daily vehicle trips and not exceed SANDAG's threshold for significance (500 trips). c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1,6,7) C - X Discussion: The project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. The project will not impact air traffic patterns. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1,6, 7) Discussion: The project would not substantially increase hazards due to a design feature or incompatible uses. Any subsequent development would be required to be designed in accordance with applicable standards acceptable to the City of National City. e) Result in inadequate emergency access? (Sources: 1,6,7) - X Discussion: The project would not result in inadequate emergency access. Any subsequent development would be required to be designed in accordance with applicable standards acceptable to the City of National City and other responsible agencies. f) Result in inadequate parking capacity? (Sources: 1,6,7) Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation 0 Discussion: The project would not result in inadequate parking capacity. Any subsequent development would be required to be designed to provide parking in accordance with applicable standards of the Downtown Specific Plan. g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: I, 6, 7) Discussion: The project would not conflict with adopted policies, plans, or programs supporting alternative transportation. Any subsequent development would be required to be designed in accordance with applicable standards acceptable to the City of National City and other responsible agencies. XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1,6,7) — X Discussion: The project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately I60 dwelling units. The current development proposal for the site is 60 dwelling units. Initial Study - Page 17 of 19 ISSUES with Supporting Documentation & Sources b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1,6,7) Discussion: The project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units. Any subsequent development would be infill development in an urbanized area with existing utility and service systems. Any improvement requirements would take place within existing easements and rights -of -way for such facilities. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1,6,7) Discussion: The project would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Any subsequent development would be infill development in an urbanized area with existing storm water drainage facilities. Any improvement requirements would take place on -site and/or within existing easements and rights -of -way for such facilities. Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation ❑ X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1,6,7) Discussion: The project would have sufficient water supplies available to serve the project from existing entitlements and resources, and would not require new or expanded entitlements. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units. 1 x ❑ e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1,6,7) Discussion: The project would have access to an adequate capacity to serve the project's demand. The wastewater treatment provider is National City Sewer District. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units. There is adequate capacity for the disposal of wastewater for any subsequent development under the proposed land use designation. ❑ x ❑ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: 1,6,7) Discussion: The project would be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. Any subsequent development under the proposed land use designation would result in a relatively insignificant growth in population based on an estimated maximum of approximately 160 dwelling units. The current development proposal for the site is 60 dwelling units. There would be sufficient permitted capacity to accommodate the project's solid waste disposal needs for any subsequent development under the proposed land use designation. g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1,6,7) Discussion: The project would comply with federal, state, and local statues and regulations related to solid waste. Any subsequent development would be subject to the requirements of the City and any responsible agencies. X Initial Study - Page 18 of 19 ISSUES with Supporting Documentation & Sources XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Less Than IPss Than No Significant Significant Significant Impact Impact w/ Mitigation Impact Incorporation ❑ x Discussion: The project would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. The project site and surrounding area do not include any significant habitat, plant or animal communities, or important examples of major periods of history or prehistory. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X Discussion: The project would not have cumulatively considerable impacts. Any subsequent development under the proposed land use designation would result in relatively insignificant impacts based on the potential land uses and intensity of development permitted by the proposed land use designation, and these impacts would not result in cumulatively considerable irnacts when viewed with other projects. The current development proposal for the site is GO dwelling units. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ — X Discussion: The project would not have an environmental effect which will cause substantial adverse effects on human beings, either directly or indirectly. Any subsequent development under the proposed land use designation would not result in significant impacts on human beings based on the potential land uses and intensity of development permitted by the proposed land use designation. The current development proposal for the site is 60 dwelling units. Initial Study - Page 19 of 19 REFERENCE SOURCES: Reference # Document Title Available for Review at: National City General Plan City of National City Community Development Commission 1243 National City Boulevard National City, CA 91950 2 National City Municipal Code 3 National City Design Guidelines 4 National City Redevelopment Plan 5 National City Local Coastal Plan & Implementing Ordinances 6 National City Downtown Specific Plan 7 National City Downtown Specific Plan Program EIR 8 San Diego Air Pollution Control District 9 SANDAG Traffic ITC Manual ATTACHMENT 7 NATIONAL CITY, CALIFORNIA APPLICATION for: Specific Plan Amendment of a Specific Plan 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 3P - Ji q 'r-2 Filing Fee $ -1 O (�i . - Rece o. 5 a- Icoq Date Received 414 f v B z r E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONSANI) CHAPTER 18.112 OF THE NATIONAL CITYMUNICIPAL CODE FOR MORE INFORMATION. 1/We hereby request the National City Planning Commission to set a public hearing to consider a Dcwrivrito Specific Plan or an Amendment of Specific Plan No. crectiqc Pti r iOrdinance No. or Resolution No. to accomplish the following: IV) 1 N C 1--A,1 ifNkt-boe n n NOTE: Applicant must furnish an Assessor's page obtainable frorn County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property. Sketches, maps, etc_ that will aid the Planning Commission's review of this request are encouraged. Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 1 of 5 This request for a public hearing for a Specific Plan or Amendment of a Specific Plan is being requested for the following reason(s): -)-o ( /%_ L c1 IN ►11-} C>erlp,-1-t c,-rJ 9-0 P.ec-rr► 00. %ra-os —12 . PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Pf%%%%%%// Signature (Signa e owle s ges that this (Signature acknowledges that this appli L,' on is being filed) application is being filed) Address: 1; 3 Cot.-v M +4 Address: -ft lot Phone No. 6 ►ei 2. 4 Phone No. Fax No. 6 (1 23i)- Fax No. Date: 2. 1?, •,d Date: Note: All owners of property within the boundaries of the existing and proposed Specific Plan must sign their consent. Attach an ownership list with consent signatures for more than one ownership. Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 2 of 5 APPLICANT Name: 11/4-.1 r }‘," J CLAMM1 Nei C"" 64l}2C—j- 1 -N67: (Please type or hint) Signature: (Signa e certi - e information submitted with this application is rue and ate to the best of the appl cant's knowledge). Address: 1133 Oo-u ,MLA �i'^ �v t �'>� I rfi rr-prt,i C RZta1 Phone No. 4'1 q 2-34 30 3 2- Fax No. Date: a.•13• ATTACHMENTS: Land Use Code Section 18.112.090 California Government Code Section 65461 Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 3 of 5 NATIONAL CITY LAND USE CODE SECTION 18.112.090 18.112.090 General Plan Map, General Plan, and Specific Plan amendments. A. Purpose. The general plan map, general plan, and any specific plan may be amended whenever public necessity, general welfare, convenience or sound planning principles require, in the manner prescribed in Sections 65350 through 65360, and 65500 through 65506 of the Government Code of the state. B. Initiation. Amendments to the general plan map, general plan, or any specific plan may be initiated by: 1. Minute action of the city council; 2. Minute action of the planning commission. C. Application. Any person desiring to initiate a change in the general plan map, general plan, or any specific plan shall address his request on a form prescribed by the planning commission, to the city planning commission, which shall consider the request at a regular meeting within thirty days of receipt thereof. The director of planning, upon receipt of such request, shall fix the date at which the request will be presented to the planning commission and shall inform the applicant thereof not later than ten days prior to such meeting. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Action of Planning Commission. The planning commission shall, in its sole discretion, determine whether or not to initiate any amendatory proceedings as requested by such person. E. Fee. In the event that the proposed amendment to the general plan is requested by a private citizen, no steps shall be taken to hold any hearings on such proposed amendment until said person has deposited with the city a sum equal to the estimated cost of making such amendment in such amount as the city council shall from time to time establish by resolution. (Ord. 1831 §2(part), 1984; Ord. 1686 §2, 1979; Ord. 1629 §2(i), 1978; Ord. 14 §§1--5, 1976). Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 4 of 5 CALIFORNIA GOVERNMENT CODE SECTION 65451 Content of specific plan 65451. (a) A specific plan shall include a text and diagram or diagrams which specify all of the following in detail. (1) The distribution, location, and extent of the uses of the land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land use described in the plan. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). (b) The specific plan shall include a statement to the relationship of the specific plan to the general plan. (Repealed and added by Stats. 1984, Ch 1009; Amended by Stats. 1985, Ch. 1199.) Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 5 of 5 MEETING DATE: May 2, 2006 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 18 (...-ITEM TITLE: PUBLIC HEARING ON THE 2006-07 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS l PREPARED BY: LETICIA QUINTERO DEPARTMENT CITY MANAGER'S OFFICEe.. ) The United States Department of Housing and Urban Development (HUD) requires that all Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) entitlement communities, such as the City of National City, hold a public hearing to solicit input on the Annual Action Plan. Accordingly, a Public Hearing Notice was duly published on March 31 st and April 28th to inform the general public that the City Council will be considering the adoption of the Annual Action Plan. The purpose of this public hearing is to once again invite public input and testimony prior to the City Council's action on the proposed Annual Action Plan. Environmental Review Not applicable to this report. Financial Statement The City will receive $1,123,247 in CDBG and $597,736 in HOME funds from the Depai tnient of Housing and Urban Development for FY 2006-07. The City Council's adopted allocations will then be incorporated into the City and CDC 2006-07 Fiscal Year Budgets. STAFF RECOMMENDATION Conduct Public Hearing. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS (Listed Below) Notice of Public Hearing Resolution No. PUBLIC HEARING NOTICE AND NOTICE OF AVAILABILITY 2006-07 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSIIIP ACT (HOME) PROGRAMS Public Review Period: April 1, 2006 to May 2, 2006 The City Council of the City of National City will conduct a PUBLIC HEARING on Tuesday, May 2, 2006 at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California. The purpose of the public hearing is for the City Council to consider the proposed Annual Action Plan and the Citizen Participation Plan for the Fiscal Year 2006-07 on the CDBG & HOME programs. The public is invited to comment on the housing and community development needs of lower income households in National City. Further information on the above Consolidated Plan activities can be obtained at the City of National City, Community Services office, 140 E. 12th Street, Suite B, National City, CA 91950, or by contacting Leticia Quintero at (619) 336-4568 or via email lquintero@ci.national- city.ca.us Chris Zapata, City Manager Published on March 31, 2006 and April 28, 2006 City of National City, California COUNCIL AGENDA STATEMENT 19 MEETING DATE May2, 2006 AGENDA ITEM NO. IEM TITLE Resolution — Amendment to the National City Downtown Specific Plan to include properties at the southeast corner of 1 l th Street and A Avenue in Development Zone 5B. Applicant: Constellation Property Group, LP Case File No.: SP-2006-2 PREPARED BY David Parsons CDC Project Manager DEPARTMENT P �U Community Development Commission EXPLANATION The proposed amendment would extend the existing Downtown Specific Plan, Development Zone 5B on the western portion of the property to the eastern portion. The Planning Commission held a public hearing on this item at their April 3, 2006 meeting. Environmental Review Addendum to Certified Program EIR and Initial Study. Financial Statement Not applicable. Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission BOARD / COMMISSION RECOMMENDATION On April 3, 2006, the Planning Commission voted to recommend approval of Specific Plan Amendment (SP-2006-2). Ayes: Alvarado, Baca, Carrillo, Flores, Reynolds and DeLa Paz Noes: None Absent: Pruitt ATTACHMENTS 1. Resolution A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN TO INCLUDE PROPERTY AT THE SOUTHEAST CORNER OF 11TH STREET AND "A" AVENUE IN DEVELOPMENT ZONE 5B, APPROVING AN ADDENDUM TO THE CERTIFIED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION APPLICANT: CONSTELLATION PROPERTY GROUP, LP. CASE FILE NO. SP-2006-2 WHEREAS, proceedings were initiated for the amendment of the Downtown Specific Plan in accordance with procedures of the Land Use Code (Chapter 18.112); and WHEREAS, the Planning Commission considered an amendment to include property at the southeast corner of 11t Street and "A" Avenue lb Development Zone 5B of the Downtown Specific Plan, Development Zone 5B at a duly advertised public hearing held on April 3, 2006, at which time oral and documentary evidence was presented; and WHEREAS, the Planning Commission considered the proposed Addendum to the Certified Program Environmental Impact Report for the Downtown Specific Plan together with all evidence and testimony presented at said public hearing; and WHEREAS, at the conclusion of the public hearing the Planning Commission recommended adoption of the amendment to the Downtown Specific Plan, extending Development Zone 5B from the western portion of the subject property to the eastern portion; and WHEREAS, the City Council considered an amendment to the Downtown Specific Plan extending Development Zone 5B from the western portion of the subject property to the eastern portion and the proposed Addendum to the Certified Program Environmental Impact Report for the Downtown Specific Plan at a duly advertised public hearing held on May 2, 2006, at which time oral and documentary evidence was presented; and WHEREAS, the City Council considered the recommendation and findings of the Planning Commission and the staff report contained in Case File No. SP-2006-2 which is maintained by the City and incorporated herein by reference together with all evidence and testimony presented at said public hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law (Government Code §65453 et. al.) and City law; and WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. Resolution No. 2006 — May 2, 2006 Page 2 NOW, THEREFORE, BE IT RESOLVEb by the City Council of the City of National City that the testimony and evidence presented at the public hearing supports the following findings: 1. That the proposed amendment is in the public interest since it would allow for the comprehensive planning and development of the 1.2-acre parking lot and ensure an appropriate buffer and transition in land use intensity between the higher intensity project (Revolution 2) to the west and the Tess intensive community center in the IC (Civic Institutional) zone to the east. 2. That the proposed amendment is consistent with the General Plan and Specific Plan, which encourage the revitalization of downtown, the transition from higher intensity development in the downtown core to Tess intensive development near outlying residential neighborhoods, and the implementationof design guidelines and development standards to achieve high quality development. 3. That the proposed amendment is consistent with the Specific Plan, which has identified improved north -south pedestrian and vehicle access to Kimball Park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City has considered the proposed Addendum to the Certified Program Environmental Impact Report for the National City Downtown Specific Plan and finds on the basis of the whole record that there are no substantial changes to the project or circumstances that will result in new significant impacts or a substantial increase in the severity of previously identified impacts, and that the Addendum reflects the City's independent judgment and analysis, and hereby approves the Addendum and the filing of the Notice of Determination for the amendment to the National City Downtown Specific Plan. BE IT FURTHER RESOLVED that the City Council adopts an amendment to the National City Downtown Specific Plan extending Development Zone 5B from the western portion of the subject property to the eastern portion for property at the southeast corner of 11'h Street and "A" Avenue (Attachment 3, SP-2006-2). PASSED and ADOPTED this 2nd day of May, 2006. ATTEST: Michael R. Dalia, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City COUNCIL AGENDA STATEMENT 20 .MEETING DATE: May 2, 2006 AGENDA ITEM NO. ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2006-07 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY: LETICIA QUINTER011 DEPARTMENT CITY MANAGER'S OFFICE , fxD Upon the conclusion of the duly advertised Public Hearing, the City Council will consider the adoption of the attached Resolution approving the 2006-07 Annual Action Plan. The Annual Action Plan addresses the housing and community development needs assessed in the 5-Year Consolidated Plan and adopted by the City Council in May of 2005. The Annual Action Plan includes a listing of all proposed projects/ programs for Fiscal Year 2006-07 (July 1, 2006- June 30, 2007) utilizing Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) funds and Section 108 Loan Program. The attached Annual Action Plan is in draft form in the event of public input during the required 30 day Public Review Period set for March 31, 2006 to May 1, 2006. Environmental Review Not applicable to this report. Financial Statement The City will receive $1,123,247 in CDBG and $597,736 in HOME funds from the Department of Housing and Urban Development for FY 2006-07. The City Council's adopted allocations will then be incorporated into the City and CDC 2006-07 Fiscal Year Budgets. STAFF RECOMMENDATION Adopt attached Resolution. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS (Listed Below) DRAFT Annual Action Plan Resolution No. RESOLUTION 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2006-07 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant (CDBG) and the Home Investment Partnership Act (HOME) Programs for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, HUD requires that all CDBG & HOME Program entitlement communities, such as the City of National City, hold a Public Hearing to solicit input on the Annual Action Plan; and WHEREAS, the City Council of the City of National City conducted a dully advertised public hearing on March 31, 2006 and April 28, 2006; and WHEREAS, the Annual Action Plan addresses the housing and community development needs assessed in the 5-Year Consolidated Plan and adopted by the City Council in May of 2005. The Annual Action Plan includes a listing of all proposed projects/programs for Fiscal Year 2006-07 (July 1, 2006 — June 30, 2007) utilizing Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) funds and Section 108 Loan Program; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City hereby approve the Annual Action Plan (2006-07) for the CDBG and HOME funds, and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2006-07 Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. PASSED and ADOPTED this 2nd day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Co umt /� 41 ItATED .a•-'� ��% iiiii mania o inent BIoc. Grant CDBG s tent Partnership Act. HOME Fiscal Year 2006-2007 Annual Action Plan (July 1, 2006 - June 30, 2007) TABLE OF CONTENTS Section Page I. Consolidated Annual Action Plan (Fiscal Year 2006/0i) A. General Narrative 1. Geographic Area 2. •Priorities for Funding 3. Obstacles to Meet Underserved Needs B. Managing the Process 1. Lead Agency 2. Development Process 3. Enhance Coordination C. Citizen Participation 1. Participation Process 2. Summary of Comments 3. Outreach to Broaden Participation D. Institutional Structure E. Monitoring F. Lead Based Paint G. Specific Housing Objectives 1. Priorities and Objectives.... 2. Resources 3. Project Narratives II. Public Housing Needs. I. Barriers to Affordabl J. HOME/American - n Pa went Ini ive (ADDI) 1. Other Form 2. Resale/Recap 3. ADDI S ..ecifics. K. SpecificaPre on Elements 1. Se; es of F tnelessness 3. 'k is Homele ess 4Ho 'n ass Prev 4 •n 5. Disch Co nation Policy L. Community - "opment 1. Non -housing Community Development Needs M. Anti -Poverty Strategy N. Non -Homeless Special Needs O. Housing Opportunities for People with AIDS P. Other Actions Narrative 1. Fostering and Maintaining Affordable Housing 2. Fair Housing Program 3. Actions to Affirmatively Further Fair Housing II. Program Specific Requirements A. CDBG Program B. HOME Program and ADDI Program C. ESG Program Appendices A. Listing of Proposed Projects B. Certifications C. Summary of Citizen Participation/Public Comments D. SF424 Forms E. Proof of Publication Consolidated Annual Action Plan (Fiscal Year 2006/07) A. GENERAL NARRATIVE 1. Geographic Area National City is the second oldest city in San Diego County with a population of 54,260 residents. The City covers approximately 9.2 square miles 9.2 square miles; bordered by the City of San Diego on the north and east, National City on the south, San Diego Bay on the west and only 10 miles north of Baja California, Mexico, International Border. Two major north - south freeways, Interstate 5 and Interstate 805 traverse National City. The geographic distribution of funds is as follows: • Housing assistance can be generally described as ay.' • e throuthe entire City. Homeownership activities, rehabilitation of owne upied and re housing, and mixed income rental housing acquisition and d pment an occur in . area of the City exhibiting need or project feasibility (subs �• pro guidelines). Site selection guidelines of the City ensure that all units are acquired in areas of the City where there are adequate services such as schools, th care, transportation and or recreational services. Housing Prese ctivitieimplemented in the low to moderate income census tracts through • Homeless assistance can be Ily des ` � as avai able throughout the entire City, at the specific location oft mprovi• . Clients receive services based on income level. • Special Needs assistant eiie . _`scribed as available throughout the entire City, at the spec � atioi he service providers. Clients receive assistance based on income level • Assistan services, at based on inco escribed as available throughout the entire City for public tion of the service providers. Clients receive assistance • Funds will be distil d to infrastructure and public facilities projects that take place in income eligible low to moderate income census tracts. Assistance is generally available throughout the entire City for Economic Development activities as assistance is provided based on the number of jobs created or retained, income level of applicants receiving assistance and/or businesses are located in eligible low to moderate income census tracts. 2. Priorities for Funding The Consolidated Annual Action Plan outlines the City of National City's planned use of funds during Fiscal Year 2006/2007, which include: Community Development Block Grant (CDBG) funds, and HOME Investment Partnership (HOME) funds. The City allocates these funds/investments geographically within the City limits based on the priority housing needs, priority homeless needs, priority special needs populations, and priority non -housing community development needs listed in the City of National City's Consolidated Plan for Fiscal Years 2005-2010. These priorities were established taking the following two concerns into consideration: [1] those categories of low and moderate income households most in need of housing and community development; and [2] which activities will best meet the needs of those identified households. 8. Obstacles to Meet Underserved Needs The City will fired various programs and activities during FY 20 address obstacles to meeting underserved needs. The City has made a commitme o budg BG funds at the maximum allowable to offer citizens much needed program � '. services in = rea of literacy, youth activities, trauma intervention, and for low- incom ilies. B. MANAGING THE PROCESS 1. Lead Agency The City of National City Communit Develop mmrs wn serves as the lead agency in coordinating the consolidated pl a g d sub ion process and is also responsible for administering the programs cov by t yonsoli ed Plan. 2. Development Process The FY 2006/07 service agencies, Currently, the which would assis was developed in coordination with various public ntY „Apartments, `artments, housing organizations, and residents. plica ion of other entities within the City for programs ng the goals of the Plan. Additionally, non-profi sr evelopers and service providers are a critical resource to the City. The following dev `�s and service providers are some of the non -profits who have been active in. the City and play an important role in the Plan: ■ Metropolitan Area Advisory Committee (MAAC) - Multi -service social service agency and affordable housing developer working with the .City on various affordable housing projects. • San Diego Habitat for Humanity (Habitat)- is a non-profit organization that offers low-income families the opportunity to own their own home.. The non-profit combines donations from the public sector and labor provided by volunteers, including the low- income families to make home ownership a reality. City of National City Annual ActionPlan FY 2006/07 Page 2 The City also coordinates with the following agencies to leverage resources: ■ Redevelopment Agency 20% Set -Aside - The City's Redevelopment Department sets aside approximately twenty percent of tax increment revenue annually that is generated from the City's five redevelopment project areas, which is used for the development and rehabilitation of affordable housing. ■ Section 8 Rental Assistance - Community Development Commission of National City operates the City's Section 8 program and will receive IIUD funding to provide rental assistance for low-income families. 3. Enhance Coordination The City will take various actions to enhance coordinate a etweencies during FY 2006/07 through the following activities: • Target available CDBG funding to those area need ■ Encourage social service providers to service -enriched housing. Services in and case management • Assist county, state, fe economic developmen National City exhibitis 1. Participatio Citizen participation process. The City o following strategy and tim Plan: January 3, 2006: January 27, 2006: on exhibiting the greatest �. with deg c ers and CHDO's to provide rrals, financial counseling, and private organizations involved in eting their efforts toward those areas of e most important components of the Consolidated Plan City Community Development Commission utilized the veto solicit meaningful input in preparing the City's Consolidated Application availability and distribution Application Deadline City of National City Annual Action Plan FY 2006/07 Page 3 January 27- February in: Review Applications and Determine Eligibility February 15, 2006: March 7, 2006:: March 8, 2006: March 21, 2006:: Formal Applicant presentations to the HCDC Committee City Council- Public Hearing 6:00 p.m. Applicant Presentations HCDC Committee recommendations for funding.q City Council Public Hearing (6:00pm) 1. Review budget 2. Decide on applicants to fund March 51 to May 1, 2006: 30-Day Public Review for A May 2, 2006:: May 9, 2006: May 12, 2006: 2. Summary of Comments Comments on the F 3. Outreach to In an effort to brown notices in local papers. ii documents and public mee at all public meetings, as well. City Council Public Hear' Action Plan .m.) Approval of Consolidated Plane ' Annual Action Plan Technical Assist Submit s, leted a1 on Hill) along with 2006 ual C olidated Plan tion Plan can be found in Lion ticipation, the City of National City advertises all public , translation services are available upon request in relation to Persons with disabilities are able to request accommodations D. INSTITUTIONAL STRUCTURE There are many organizations which play a role in implementing the City's five-year strategy. The coordination of these organizations in implementing the five-year strategy rests with the Community Development Commission of the City. City staff continues to work as the Housing Authority to provide Section 8 rental assistance and to build public housing in National City. City of National City Annual Action Plan FY 2006/07 Page 4 The City of National City currently has two/three staff members that are directly involved with the CDBG, and HOME programs. During FY 2006/07 the City will continue to attend regional -wide consortiums to discuss and maintain up-to-date on issues involving our communities, including the CDBG and HOME programs to develop the institutional structure. E. MONITORING Monitoring for the City of National City is directed toward programmatic, financial and regulatory performance. The primary objects are to ensure that all sub -recipients and CHDO's: • Comply with pertinent regulations governing their `nistrative, financial, programmatic operations; • Achieve their performance objectives within schedule and • Assess capabilities and/or any potential needs for : iing or tical assistance in these areas. Careful evaluation of the housing and public service '" ery sy n can be' the most effective tool in detecting gaps and making appropriate modificat � ich, the City of National City monitors and evaluates its sub -recipients and CHDO's as t of the pre -award assessment. Evaluation of the nature of the activity, p - �d plan fo -Tying out the activity, the organization's capacity to do the work, and t ' of po .ia1 conflicts of interest are within the pre -award assessment. After awards have been made Qua CHDO's which must be curr expenditures. In addition conducted to ensure compliant encourage uniform repo assistance is provide its are required of each sub -recipient and of any request for reimbursement of ess reports, annual on -site visits are V;ons. Agreements made with sub -grantees ve consistent information on beneficiaries. Technical The City's Building a fF 'Department will receive CDBG monies for their Housing Inspection program. Whe .-based paint is discovered through inspection non CDBG funds are used to remove and dispose of the paint chips and to repaint the house. With the newly implemented lead -based paint legislation, National City has designed a lead -based paint hazard program to provide information to National City residents and measures to limit the impact of lead -based paint. City of National City Annual Action Plan FY 2006/07 Page 6 G. SPECIFIC HOUSING OBJECTIVES 1. Priorities and Objectives The City of National City will fund the following projects listed in Table 1 in hopes of achieving the specific priorities and objectives established in the Consolidated Plan for 2005- 2010 as well as the annual goals for FY 2006/07: TABLE 1: List of Proposed Projects for FY 2006/07- 2 Boys & Girls Club 3 5 8 9 15 City- Building & Safety City- Community Services CYAC City- Library Trauma Intervention Services Transportation Program Graffiti Removal Tiny Tots Program Developme Literac $ 15,725.00 $ 76.05 $ 24,736.00 20,000.00 47,250.00 COMMUNITY ENHANCEMENT Tab No. Organization o ramie City Council Allocation City of National City Annual Action Plan FY 2006/07 Page 6 16 City- Building & Safety Housing Inspection $ 120,928.98 17 City- Building & Safety Code Enforcement $ 120,928.97 18 NC Living History Farm Bathroom Facility $ 10,000.00 CITY CAPITAL IMPROVEMENTS PROJECTS (CIP) Tab No. Organization Program 23 City- Engineering 25 City- Engineering City- Fire City- Fire City- Fire City- Fire Upgrade Pedestrian Ramps Misc. Storm Drain Improvements City Council Allocation 75,000.00 0,000.00 Apparatus Lease Pmt # $ 7: 1.00 Apparatus Lease Pmt Fu $ 60,116.00 Fire Appara adios $ 30,000.00 Rescue Equia_ HOME INVEN BP ACT (HOME) Tab No. Organizatio City - Eco Develop City - Econ X Develo.ment 2. Resources gN,m' istration roduction- Affordable in City Council Allocation 59,773.00 $ 537,963.00 City Council Allocation $ 597,736.00 City of National City Annual Action Plan FY 2006/07 Page 7 The City anticipates using the resources for implementation of the Consolidated Annual Action Plan: CDBG Entitlement Grant $1,123,247.00 Reallocation of CDBG Funds $ 200,000 HOME Investment Partnerships Act (HOME) Program Total Funding Sources: 3. Project Narratives The City hopes to meet the following priorities and obi funding the following programs and activities (leveraged section entitled "Managing the Process"): Priority 1: Targeted Groups: Five -Year Objectives: Performance Measure: • es d $597,736.00 ,920,983.00 g the next fiscal year by s are described under the Maintain a _� e the 's aging housing stock Low to me per Yks (31 to 80 percent of the median) Inspect period. and abate 5,500 cases over the 5 year ou ds/Housing Units assisted as a proportion of the oderto income households with housing problems in the 1) City Building Code Enforcement Program: Code Enforcement is a complaint -driven prop which targets private residential (single-family detached and attached) and commerci. properties. CDBG funds are used to pay the salary of one Code Enforcement Officer and support staff: Proposed Accomplishment: 1,000 — Housing Units Proposed Funding: $120,928 CDBG fiends 2) City Planning & Building — Housing Inspection Program: Proactive Housing Inspection will be conducted by 1 City Inspector. These include visual inspections for Lead and environmental hazards as well as electrical, fire, and structural hazards. City of National City Annual Action Plan FY 2006/07 Page 8 Proposed Accomplishment: 100 — I-Iousing Units Proposed Funding: $120,928 CDBG funds Priority 2: Targeted Groups: Five -Year Objectives: Performance Measure: Provide Affordable Housing Opportunities to low income households Low -Income persons (less than 80% of Area x n Income) Assist 20 to 25 low income families to rer dreams of home ownership. Number of households assisted. 1) City Community Development Commission — Lance in the Production of Affordable Housing Proposed Accomplishment: Proposed Funding: $537,963 HOME funds Priority 3: Targeted Groups: Five -Year Objectives: Performance Measure: Assist house e hofla'� d oping affordable housing for very -low and -Incoi so .' ' .ss than so% of Area Median Income) ist in the co „ ruction of 20-25 low-incomehousingunits ing units built for low-income families. 1) City Community Development — Assistance in the Production of Affordable Housing: Funds will be used to provide financial assistance in the production of affordable housing. Proposed Accomplishment: Proposed Funding: $537,963 HOME funds 2) City- Community Development Commission- CHDO Set -Aside: Funds requested are to cover the mandatory 15 percent CHDO Set -Aside. City of National City Annual Action Plan FY 2006/07 Page 9 Proposed Accomplishment: A minimum of 15% of the allocation will be set aside for CHDO's for the production of affordable housing. Proposed Funding: Minimim of 15% or $89,660. H. PUBLIC HOUSING NEEDS The Section 8 program was enacted as part of the Housing and Community Development Act (Act) of 1974, which re -codified the U.S Housing Act of 1937. The Act has been amended from time to time, and its requirements, as they apply to the Section 8 Tenant -Based Assistance Program, are described, as implemented, throughout this Administrative Plan. The Section 8 rental assistance programs are federally funded and administered "fr the Community Development Commission of the City of National City (CDC) thro the Section 8 Rental Assistance Division. These public housing units are as follows: ■ Morgan & Kimball Towers • Telacu South Bay Manor • Summercrest Apts • National City Park Apts • InterCity Manor • Granger Apts • Park Villa Apts ■ Paseo Del Sol Apts I. BARRIERS TO AF The City actively en affordable housing at supplying pu developers in ne low and moderate median income and 5 ses ousing. ting afforda me housi mod ers to set -aside 10% of newly developed units for so strongly supports the County of San Diego's effort -he Housing Element, the City works closely with housing agreements which require a 10% unit set -aside for which are five percent of households at or below 80% of income households. To encourage affordable ho ng construction, developers of affordable housing are entitled to a density bonus and/or equivalent concessions or incentives under certain conditions. Senate Bill 1818, which went into effect January 1, 2005, significantly reduced the amount of units that a developer must provide in order to receive a density bonus and requires between one to three concessions, depending upon the percentage of affordable units that the developer provides. Under the new State law, the maximum density bonus a developer can receive is 35 percent when a project provides either 10 percent of a proposed project for very low income households, 20 percent for low income households, or 40 percent for moderate income households. City of National City Annual Action Plan FY 2006/07 Page 10 Throughout the country and the San Diego region, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include a lack of housing affordable to low and moderate income persons, increases in the number of persons whose income fall below the poverty level, reductions in subsidies to the poor, drug/alcohol abuse, and the de - institutionalization of the mentally ill. K. SPECIFIC HOMELESS PREVENTION ELEMENTS The City of National City has developed the following priooals and objectives pertaining to the homeless during its 2005-2010 Consolidated P Priority 1: Target Groups: Five -Year Objectives: Performance Measure: Continue to support programs offeri man services Medium Priority is assigned to extrem individuals National City will continue of Care for the Homeless pr Number of homeless persons number of homel - :.. ationa 1. Sources of Funds The City's plan for investment a funds for the Alpha Pr 2. Homelessne The City's Action continued support of a financial support of the fo for FY ies ncome families and ate in an Diego County Conituum ss h Bless issues. iste .rtion of the estimated f funds 2006/07 include allocating City general ces program. 6/07 will address homeless needs and objectives through ng with homelessness. These efforts include the continued project to help the homeless in fiscal year 2006-07: • Alpha Project- The City of National City has contracted with Alpha Project to assist with the homeless issues in National City. Approximately $45,000 is paid out of the City's general fund to provide these much needed services. Alpha project will provide outreach to the homeless by providing several alternatives to being on the streets. S. Chronic Homelessness The City of National City hopes to help end chronic homelessness by 2012 through the continued collaboration of agencies and social service providers. City of National City Annual Action Plan FY 2006/07 Page 11 4. Homeless Prevention • National City Family Resource Centers have been instrumental in assisting families in need with a wide range of services. • MAAC Project has several human services programs that include housing, nutrition, and job training. 5. Discharge Coordination Policy Currently, the City of National City does not have a Discharge Coordination Policy; however, efforts to move toward this type of policy will be reviewed during the upcoming fiscal year. L. COMMUNITY DEVELOPMENT 1. Non -housing Community Development Needs The City of National City has identified sev -housin munity development needs and has assigned various priority levels as to � , se- able 1 under the Housing Section): Priority 1 - Infrastructure: Target Groups: Five -Year Objectives: Performance Measure: Provide incom e improvements in lower and moderate ion assigned to addressing the need for street improvement, pr r ents and street lighting. Medium Priority is assigned the : a;°d for flood prevention/drainage improvements nt ADA improvements for those existing substandard ber ublic facilities improved as a proportion of the number of to derate income households located in the projects census tracts. 1) City -Engineering Department- Upgrade Pedestrian Ramps: Some of the existing pedestrian ramps in the City are 10-20 year old improvements and do not meet the current Americans with Disability Act (ADA) requirements. The project will remove the existing substandard pedestrian ramps and replace them with the standard ramps per the current ADA requirements. Proposed Accomplishment: People Proposed Funding: $75,000 CDBG Funds City of National City Annual Action Plan FY 2006/07 Page 12 2) City Engineering Department- Miscellaneous Storm Drain Improvements: The project includes the removal and replacement of the existing deteriorated storm drain improvements at various locations throughout the City. The facilities will be removed and replaced adjacent the new or existing concrete improvements. Proposed Accomplishment: People Proposed Funding: $50,000 CDBG Funds Priority 2- Public Facilities: Continue to improve the quality of existing co . nity facilities to serve the needs of lower and moderate income househ Target Groups: Five -Year Ob'ectives: Performance Measure: High Priority is assigned to addressing t i ei community facilities serving youth, park and recreational f •ties, and *borhood facilities. Medium Priority is assigned to add he needs for unity facilities providing health care, and those ' ng c - • ren requiri hild care, seniors, and the disabled. Provide opportunity for Number of public facili moderate income house Community Enhancement 3) NC Living History F facility at the S projects on s Proposed Acco Proposed Fundin erve ortion of the number of low to ects census tracts. room Facility: To build a bathroom used by visitors to the farm, and by students conducting blic Facility BG Funds 4) National City Fir`1 apartment: Apparatus Lease Payment #2: This request provides funding to purchase a new fire apparatus to replace the existing 1991 Beck Fire Apparatus. CDBG funds will be used to fund the 2nd year payment of a 5 year lease/purchase agreement for the Fire Apparatus. The total cost was estimated at $360,000, which results in a 2nd year payment of $78,453 during fiscal year 2006-2007. Proposed Accomplishment: 1 Apparatus Proposed Funding: $78,453 CDBG Funds City of National City Annual Action Plan FY 2006/07 Page 13 5) National City Fire Department: Apparatus Lease Payment #4: This request provides funding to pay the lease on the new fire apparatus that replaced a 1989 Seagraves fire apparatus. CDBG funds will be used to fund the 4th year payment of a 5- year lease/purchase agreement for the fire apparatus. The total cost was $280,000, which results in a 4th year payment of approximately $60,116 during fiscal year 2006- 2007. Proposed Accomplishment: Capital Improvement- 1 Apparatus Proposed Funding: $60,116 CDBG Funds 6) National City Fire Department- Fire Apparatus Radios: P `°;chase fire apparatus mobile and portable radios. This request provides funding t+rchase radios for the new fire apparatus. This request is a one-time purchase. dal cost is estimated at $s0,000 during fiscal year 2006-2007. Proposed Accomplishment: Capital Improvement - Proposed Funding: $30,000 CDBG Funds ratus Radios fo n apparatus 7) National City Fire Department- Rescue Equipm Purchase rescue equipment to include webbing, carabiners, prussicks, ^ar racks, , s, gas sensors, and blades. Proposed Accomplishment: Cap Proposed Funding: $2,000 C prove escue i quipment Priority S -o fu , ublic services at the federally mandated 15% cap Public Services: Targeted Group Five -Year Objectives: Performance Measure: ge erate Income residents of National City e with public services with emphasis on youth, elderly, and the ulation Num ier of People assisted as a proportion of the number of people in need for each special needs category. Public Services Services 1) Trauma Intervention Program- National City Team: Citizen volunteers provide immediate support to emotionally traumatized citizens of National City after suffering a tragic event, Fire, police, and medics call for TIP assistance whenever needed. City of National City Annual Action Plan FY 2006/07 Page 14 Proposed Accomplishment: People Proposed Funding: $8,000 CDBG Funds 2) National City Public Library- Literacy Services: National City Public Library Literacy programs provide assistance to adults and families who want to improve their literacy skills. Proposed Accomplishment: People Proposed Funding: $47,250 CDBG Funds Youth Services 3) Community Services Department — Tiny Tots: The . c experience prepares 4-year old Tiny Tots for elementary school. The s u -nts w rn about colors, numbers, songs, shapes, classroom conduct, crafts, tr field, days e week and go on outings such as Seaport Village. Proposed Accomplishment: People Proposed Funding: $24,736 CDBG Funds 4) Community Youth Athletic Athletic Center (CYAC) is at risk youth of Nation boxing and education youth to attend our pr goes into its fourteenth CYAC has be Proposed Ac Proposed Fun ple G Funds opment: Community Youth allenge of saving our youth by targeting of intervention is through an amateur There is no monetary fee required for ge from 9-17years old. As our program has become a part of growing up in National City. pions in Life." 5) Boys and Girls Club of National City- Transportation Services: Busing for elementary school children that are members to the club after school. Proposed Accomplishment: People Proposed Funding: $15,725 CDBG Funds Senior Services City of National City Annual Action Plan FY 2006/07 Page 15 1) National City Nutrition Center- Meals -On -Wheels: Provide meals a day, seven days a week, including special diets, to low and moderate income seniors, age 60 and over, in their homes in National City. Homeless Services 1) Alpha Project — The City of National City has contracted with Alpha Project to assist with the homeless issues in National City. Alpha project will 'de outreach to the homeless by providing several alternatives to being on the str Proposed Accomplishment: N/A Proposed Fundin $45,000 General Fund Planning & Administration 1) City of National City -Community used for the management and admini program, including: planning, regulator management. Proposed Accomplishme Proposed Fundin : $? Ta 2) City of Natio the Neighbor ,00d Co housing community needs. needs. Co ent nistration: Funds will be of National City's CDBG tract administration, and fiscal -pity Development - Planning: Funds will be used for Pr m. The goal is to ensure the City understands its elop At needs and to address the community's changing Proposed Accomp en '/A Proposed Funding: $ i CDBG Funds 3) Regional Task Force on the Homeless - Regional Task Force on Homeless: The Regional Task Force on the Homeless collects, analyzes and disseminates information on homelessness, and facilitates regional solutions through planning, coordination and advocacy on behalf of the City. City of National City Annual Action Plan FY 2006/07 Page 16 4) Fair Housing Council of San Diego - City of National City Fair Housing Program: Provide outreach and education regarding fair housing legal rights and responsibilities, provide technical training to industry professionals, and maintain programs and procedures under which citizens of the City may register complaints concerning their allegations of unlawful housing discrimination and seek enforcement assistance. Proposed Accomplishment: N/A Proposed Funding: $51,000 Tax Increment Funds 5) City Community Development - HOME Program Administration: Administration funds will be utilized for staff costs associated with the management and administration of National City's HOME program, including planning, staff training regulatory compliance, contract administration, and fiscal management. Proposed Accomplishment: N/A Proposed Fundin_: $59,77s HOME Funds M. ANTI -POVERTY STRATEGY • As part of the City's Anti -Poverty Strategy, the services and housing activities for households below N. NON -HOMELESS SPECI The "non -homeless special nee the City's 2005-2010 Consol Needs services, the City of Nat who collaborate with th O. HOUSIN EDS endeavor to integrate social overty line. - iven a medium to high priority need in o coordinate all Non -Homeless Special Family Resource Centers in National City School District. The MAAC Project R PEOPLE WITH AIDS There are several + ams w1th1 e County of San Diego administers of which National City residents are eligible P. OTHER ACTIONS NARRATIVE 1. Fostering and Maintaining Affordable Housing Single-family owner occupied homes are eligible to receive assistance under the rehabilitation program. The Program is currently administered by Christmas in July, which will be funded through local funds and will be providing rehabilitation assistance to very low-income families. In addition the City, through its Redevelopment Agency will be looking into establishing a rehabilitation loan program to address the need of maintaining its housing stock. City of National City Annual Action Plan FY 2006/07 Page 17 2. Fair Housing Program The City of National City contracts with the Fair Housing Council of San Diego. The City collaborated with the Fair Housing Resource Board and other jurisdictions in 2003, when the County of San Diego Conducted a Regional Analysis of Impediments to Fair Housing Choice (AV, which included the following impediments and recommendations relevant to National City: Education and Outreach Impediment: Educational and outreach literature regarding fair housing issues, rights, and services on websites or at public counters is limited. Approximately 38 percent of the Fair Housing Survey respondents indicated that they had been discriminated against did not know where to report their complaints. Recommendation: Jurisdictions should provide links to fai resources with current information on their websites prominently display fair housing information. Timeframe: By the end of 2007. Impediment: As many individual homeowners e renting out their homes, many may notbe aware Jurisdictions should make a concert t to ide within their jurisdictions that are use materials to this segment of the market Timeframe: Ongoing, co owners of small propert Impediment: Many fai pop" rental opera;. s. San Diego C Recom the San D "mom and po lower -tier mem education program Timeframe: To the extent of small rental properties. providers in 2006. Lending and Credit Counseling ing and other housing nters should also siness of being a landlord by urrent laws. Recommendation: n t one- to four -unit residences t education and outreach ocations to pursue periodic mailing to end to be committed by small "mom and roperty owners/managers are often not members of the sociation. Outreaching to this group is difficult. d fair housing service providers should work with ments Association (SDCAA) to expand outreach to the rties. Discuss with SDCAA if it is feasible to establish a two- to six -unit owners to encourage access to SDCAA feasible, take proactive efforts to expand outreach to owners Begin discussion with SDCAA and fair housing service Impediment: Hispanics and Blacks continue to be under -represented in the homebuyer market, and experienced large disparities in loan approval rates among the 19 jurisdictions. Specifically, low and moderate income Black loan applicants achieved City of National City Annual Action Plan FY 2006/07 Page 18 significantly lower approval rates than White applicants at the same income level. This pattern was also identified in the 2000 Als. Also, several lenders had high rates of loan applications due to incomplete information, suggesting inadequate follow-up with potential homebuyers. Recommendation; Provide findings of this AI and other related studies to the Community Reinvestment Initiative (CRI) Task Force to follow up with discussions and actions with lenders. Timeframe: Upon adoption of this AI in 2006, provide a copy to the CRI Task Force. Impediment: Many of the reasons for application denial, whether in the rental market or in the home purchase market, relate to credit history and ncial management factors. Recommendation: Provide findings of this AI and Community Reinvestment Initiative (CRI) Task Force actions with lenders. ted studies to the discussions and Timeframe: Upon adoption of this Al in 2006, to the CRI Task Force. Recommendation: Jurisdictions should collaborat on Credit History and Financial Maria' ° t. rovide education and outreach Timeframe: By 2007, identify an agenc and experience in conducting outreach and education on Cre Histor ancia anagement. Consider funding a l ona re iprogram using g p gi �� ther �, ing funds, as appropriate. Housing for Persons with Impediment: Ho ch+ or persons with disabilities are limited. Recomme In additi range of h townhomes o ion: Jur o persons wi g options. domin. tion uld expand the variety of housing types and sizes. sabi ' ties, senior households can also benefit from a wider o allow seniors to age in place, small one-story homes, , or senior rentals may be needed. Timeframe: Ongoi ort to promote variety of housing. Re-evaluate housing policies as part of the 2005-2010 Housing Element update. Impediment: Discrimination against people with disabilities has become an increasing fair housing concern, which is supported by general literature, statistical data, cases filed with DFEH, and recent audits conducted in the region. Recommendation: Jurisdictions should consider promoting universal design principles in new housing developments. Timeframe: Ongoing. City of National City Annual Action Plan FY 2006/07 Page 19 Recommendation: Jurisdictions should consider using CDBG, HOME, and other housing funds available to provide monetary incentives for barrier removal of non- compliant complexes. Timeframe: Develop a realistic strategy to improve housing accessibility and allocate funding in 2007 as part of the five-year Consolidated Plan process. Recommendation: Fair housing service providers, supportive housing providers, or other regional agencies as appropriate, should collaborate and develop a list of apartments that are ADA-compliant and provide vacancy information for persons with disabilities. Timeframe: Collaborate to include the development and ntenance of such a database as part of the fair housing services work scope.." to launch database in 2006. Lead -Based Paint Hazards Impediment: Lead -based paint hazards often families with children. While lead -based paint housing choice, testing of lead hazards is rarely a unit. Recommendation: Jurisdictions should part of their homebuyer and re ' ential r Timeframe: Consider e part of the Consolidat Regional Collaboration Impedime has been tely affect minorities and e a potential impediment to ed when purchasing or renting g lead -based paint testing as tion p grams. nt testing to home -buying programs as 7as identified in the 2000 AIs, only minimal success Recommend. • : Encoi 'ge fair housing service providers to collaborate and support each others' ac that similar activities are available to residents across jurisdictions. The ousing Resources Board (FHRB) should continue to function as a collaborative to coordinate fair housing services for the region. Timeframe: Ongoing Recommendation: Jurisdictions should consider the service gaps identified in this Al and revise work scope with fair housing service providers to ensure equal access to fair housing services. Timeframe: 2007 and annually thereafter. City of National City Annual Action Plan FY 2006/07 Page 20 Reporting Impediment: Fair housing service providers report accomplishments and statistical data in different formats based on the requirements of each jurisdiction. Ethnicities and income data are also track differently across jurisdictions. Inconsistent reporting makes tracking trends difficult. Recommendation: Jurisdictions should develop a uniform method of reporting to incorporate into each sub -recipient contract to ensure that proper documentation is available regarding ethnicity, income level, and types of calls received based on HUD's reporting categories. Timeframe: Develop reporting format in 2007. Impediment: While education and outreach efforts are a cle 1ority of all agencies involved, a review of sub -recipient contracts, Action Plans, ' R reports, and annual objectives, accomplishment reports indicates a lack of uanti ��' e s, and P P q ,.� accomplishments to gauge success or progress. Recommendation: In response to HUD's recen erformaneasures that should be outcome based, Consolidated Plan, n Pla =. 'APERs, and sub -recipient contracts and annual reporting should identi e quantifiable objectives and measurable goals related to furthering fair housing. Timeframe: Annually, jurisdictions ient uld work on developing outcome -based performance measures, it diti tics on clients served. Fair Housing Services Impediment: Fair h providing the services levels of funding v also Recomme to ensur may regw level of servic levels of funding pion: Jurr adequate le ditional se ould bed oss the region based on the agency of each sub -recipient contract. Differing explanation accounting for variances in services. tion uld collaborate with fair housing services providers of service is available to all residents. Some jurisdictions ces due to their special circumstances. However, a basic ablished. Jurisdictions should also consider the appropriate ovision of these services. Timeframe: Evaluate service gaps annually and budget as appropriate. Annually update the service area map for use regionally to provide the public with clear information on service providers and types of services available. Impediment: While a few cities include auditing in the scope of work required by the fair housing services providers, no specific criteria are established to ensure audits are performed on a regular basis. Sales audits and lending audits are rarely performed. Recommendation: Ensure that audits are conducted within the County on a regular basis. City of National City Annual Action Plan FY 2006/07 Page 21 Timeframe: To the extent feasible, set aside funding for audits in 2006 and every two years thereafter. Specifically, rather than acting individually, consider pooling funds to conduct regional audits and work collaboratively with fair housing service providers to pursue FHIP funds for audits and testing as HUD funding is available. Impediment: While tenant/landlord disputes are not fair housing issues in general, providing dispute resolution services may prevent certain situations from escalating to discrimination issues. Recommendation: Incorporate tenant/landlord dispute resolution into fair housing contracts. Encourage mediation services by qualified mediator as part of the fair housing contracts. Timeframe: To the extent feasible, set aside funding for a 2006 and every two years thereafter. Specifically, rather than acting individu ' , eer pooling funds to conduct regional audits and work collaboratively wit - .1 housin vice providers to pursue FHIP funds for audits and testing as HUD f_' g is availab S. Actions to Affirmatively Further Fair Housing During FY 2006/07, the City of National City will seek to housing through contracting with the Fair H' Council residents. Additionally, the City will continu for 2005-2010 AI recommendations, specific to As part of the upcoming Hous impediments, and mitigate if, Element law regard mitigatin of special needs population, and p ess to affirmatively further fair wide fair housing services to 1 Analysis of Impediments City. he City will be evaluating the potential rder to comply with the State Housing g development, addressing housing needs ng for a variety of housing for all income groups. City of National City Annual Action Plan FY 2006/07 Page 22 II. PROGRAM SPECIFIC REQUIREMENTS Community Development Block Grant (CDBG) CDBG activities to be undertaken during the reporting period have been previously discussed under Section I. Specific Requirements regarding CDBG funds expected to be available during the program, year includes the following: National City will receive $1,123,247 in HUD CDBG entitlement funds. Additionally, $200,000 will be allocated through eligible CDBG program reallocations of funds. Surplus from Urban Renewal Settlements - Not Applicable Grant Funds Returned to Line Of Credit - Not Applicable Income from Float -Funded Activities - Not Applicable Urgent Needs Activities - National City has not ide d any'nt need activities. National City only budgets CDBG funds in eligible cens r acts with a low and moderate income population in excess of 51%. HOME Investment Partne The Federal HOME Invest directly to state and local jurisdictions are able developers or direct grants, loans, ad (HOME) allocated funds by formula mote affordable housing. Participating assistance to both for -profit and non-profit housing layers or renters. The assistance may take the form of tine and interest subsidies. HOME funds ma°' used to rovide affordable rental housing and home ownership opportunities throug co� action, acquisition, rehabilitation, and tenant -based rental assistance. In addition, ` +`'funds can be used to fund operational costs for Community Housing Development Org. "°izations (CHDO). A CHDO is a non-profit, community -based organization that has, or intends to retain, staff with the capacity to develop affordable housing for the community it serves. Currently, the City has the following designated CIIDO's: San Diego llabitiat for Humanity and Metropolitan Area Advisory Committee (MAAC). The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing rehabilitation, and acquisition of standard housing. A 30 percent match is required for new construction. Some examples of allowable snatching contributions would include Redevelopment Agency Low and Moderate Income Housing Funds, land value (donated or a City of National City Annual Action Plan FY 2006/07 Page 23 loan), on and off -site improvements, waiver of local and state taxes or fees, voluntary labor in connection with site preparation. If a project exceeds the required match, the excess credit can be applied to future projects. The table below delineates the uses of HOME funds for fiscal year 2006/07. Fundin Re uests Staff Administration Recommended Fundin $59,773 Community Housing Development Oranization CHDO Production of Affordable Housin Tenant Based Rental Assistance TOTAL The following is a brief description of the above HOM funding: Staff Administration Administrative costs for City st represent 10% of the HOM training, accounting, environ been budgeted for HOME admini CHDO 15% Set Per HUD regula Community Housin and/or support in prov City of National City is se the ese cost vities being recommended for E program. These administrative costs lude staff costs for coordination, staff D reporting requirements. $59,773 has n in FY 2006/07. equired to set -aside 15% of the annual allocation for Organizations (CHDO) to assist the City in development able housing for low income families. For FY 2006-07, the side at a minimum 15% or $89,660. CHDO Operation CHDO operation costs will not be funded during FY 2006/07. CHDO Monitoring A careful evaluation of the CHDO delivery system is an effective way to determine the organization is carrying out the goals and objectives in providing affordable housing. City of National City Annual Action Plan FY 2006/07 Page 24 Affordable Housing Projects National City is very proactive in the development of affordable housing. HOME funds have generally been the financing source in the production of affordable housing.. Per 24 CFR 92.205 HOME funds may be used by participating jurisdictions to provide incentives to develop and support affordable rental housing and homeownership affordability. National City utilizes its HOME funds through for -profit, non-profit developers and CHDO in the production of affordable housing.. Tenant -Based Rental Assistance TBRA will not be funded furing FY 2006/07 Geographic Location for HOME Funds The City of National City has committed IIOME fit city. These projects are designed to target low -inco Minority Home Ownership In the past, a difference in rates of homeowner significant. In response to the statistics homeownership became a priority for tCity 0 Resale and Recapture Provisi In order to ensure afford ility, HOME -funded hom general, the City housing project Resale restrictions o The recapture of princ among many other restric us projects-oughout the and white households was ations, increasing minority y has established resale and recapture requirements for as per 24 CFR 92.254 of the HOME regulations. In e production and/or the rehabilitation of affordable mebuyer Loans include the following: terest upon the sale or violation of occupancy restrictions place on the property.. City of National City Annual Action Plan FY 2006/07 Page 25 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing - The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan - It will comply with the requirements of the Uniform Relocation Assistance and Real Pro of 1970, as amended, and implementing regulations at 49 CFR following a residential anti -displacement and relocation assis 104(d) of the Housing and Community Development Act with any activity assisted with funding under the CDBG plan r 974, as ame OME .rograms. sition and relocation cquisition Policies Act has in effect and is ed under Section in connection Drug Free Workplace - It will or will continue to prov free workplace by: 1. Publishing a statement notifying empl that the dispensing, possession, or use grantee's workplace and specifying the violation of such prohibition; 2. Establishing an ongoin (a) The dangers o (b) The g (c) (d) The pen occurring i ful manufacture, distribution, ance is prohibited in the e taken against employees for ogram to inform employees about: place; intaining a drug -free workplace; unse g rehabilitation, and employee assistance programs; may be imposed upon employees for drug abuse violations orkplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will: (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; City of National City Annual Action Plan FY 2006/07 Page 26 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: Taking appropriate personnel action against such an ployee, up to and including termination, consistent with the requireme~•f the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfa or rehabilitation program approved for su local health, law enforcement, or other ap 7. Making a good faith effort to continue to ma implementation of paragraphs 1, 2, 3, 4, 5 and 6 Anti -Lobbying - To the best of the jurisdictio 1. No Federal appropriated funds have been pai person for influencing or attemp j fluent, Member of Congress, an office , emp ee of Congress in connection with grant, the making of any Fede and the extension, continuation, contract, grant, loan amendment, ement; y in a rposes by a iate agency; abuse assistance eral, State, or rug -free workplace through ief be d, by or on behalf of it, to any n officer or employee of any agency, a gress, or an employee of a Member of ral contract, the making of any Federal o of any cooperative agreement, or modification of any Federal 2. If any fundsappropriated funds have been paid or will be paid to any person for influe g to influence an officer or employee of any agency, a Member of Congre employee of Congress, or an employee of a Member of Congress in connectio Federal contract, grant, loan, or cooperative agreement, it will complete and submi dard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructi ns; and 3. It will require that this language on anti -lobbying of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. Authority of Jurisdiction - The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable IIUD regulations. r than Fede or attem officer 'th City of National City Annual Action Plan FY 2006/07 Page 27 Consistency with plan - The housing activities to be undertaken with CDBG and HOME funds are consistent with the strategic plan. Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Chris Zapata City Manager May 5, 2006 City of National City Annual Action Plan FY 2006/07 Page 28 SPECIFIC CDBG CERTIFICATIONS The Entitlement Community certifies that: Citizen Participation - It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan - Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long- term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan - It is following a current consolidated plan prehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds - It has complied with the following criteria: Maximum Feasible Priority. With respect to CDBG funds, it certifies that it has developed feasible priority to activities which benefit low the prevention or elimination of slums or blight. activities which the grantee certi e design development needs having a partic becat serious and immediate threat to the financial resources are not avail le); 2. Overall Benefit. The a loans during progra three specific consecut moderate income in a expended for 3. S.ecial improvem by assessing moderate inco obtaining access to ssments. ssisted wi mount is petted to . _;a ssisted with n so as to give maximum ate income families or aid in Action Plan may also include to meet other community xisting conditions pose a o Y the community, and other funds including Section 108 guaranteed y the grantee consisting of one, two, or all principally benefit persons of low and that ensures that at least 70 percent of the amount is t such persons during the designated period; ill n't attempt to recover any capital costs of public DBG funds including Section 108 loan guaranteed funds inst properties owned and occupied by persons of low and g any fee charged or assessment made as a condition of public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with City of National City Annual Action Plan FY 2006/07 Page 29 respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force - It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non -violet civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against phys ly barring entrance to or exit from a facility or location which is the subject of suc'n-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws - The grant w condu and administered in conformity with title VI of the Civil Rights Act of 196 USC 2000d, Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint - Its notification, inspection, testing ment procedures concerning Lead -based paint will comply with the requirements of 24 C 70.608; Compliance with Laws - It will comply with Chris Zapata City Manager ay 5, 2006 City of National City Annual Action Plan FY 2006/07 Page S0 SPECIFIC HOME CERTIFICATIONS The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance - If the participating jurisdiction intends to provide tenant - based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs - It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR 92.205 through 92.209 and that it is not g and will not use HOME funds for prohibited activities, as described in 92.214. Appropriate Financial Assistance - Before committing any fu o . *ect, it will evaluate the project in accordance with the guidelines that it adopts fo s purpo =' d will not invest any more HOME funds in combination with other Fed assistance th r necessary to provide affordable housing. Chris Zapata City Manager City of National City Annual Action Plan FY 2006/07 Page 31 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification 1. By signing and/or submitting this application or agree , the grantee is providing the certification. 2. The certification is a material representation o the agency awards the grant. If it knowingly rendered a false certification, or other Drug -Free Workplace Act, HUD, in '' 'on to an Federal Government, may take action ` eider t 3. Workplaces under grants, foi the certification. If know, t does not identify the wor application, the grant and make the informati workplaces constitutes 4. Workplace building descriptio highway dep office, performei ntificati other site. ay be us lent whi, ch reliance is placed when etermined that the grantee iolates the requirements of the er remedies available to the rug -Free Workplace Act. antees o ,. ii indik(uals, need not be identified on be ide v 'd in the grant application. If the grantee e tim application, or upon award, if there is no he e iden : -,: of the workplace(s) on file in its office 1 inspection. Failure to identify all known n of the grantee's drug -free workplace requirements. mus „elude the actual address of buildings (or parts of here 'work under the grant takes place. Categorical (e.g., all vehicles of a mass transit authority or State n operation, State employees in each local unemployment t halls or radio stations). 5. If the workplace iden ified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: City of National City Annual Action Plan FY 2006/07 Page 32 Place of Performance (Street address, city, county, state, zip code) 140 East 1 Th Street, Suite B NATIONAL CITY, CA 91950 Check _ if there are workplaces on file that are not identified here The certification with regard to the Drug -Free Workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Non -procurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rule "Controlled substance" means a controlled substance in Controlled Substances Act (21 U.S.C.812) and as further 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a ple sentence, or both, by any judicial body charged with of the Federal or State criminal drug statutes; Sche. I through V of the de , `s rG "regulation (21 CFR nolo contender e) position of esponys'ty to determine violations Criminal drug statute" means a Federal n-Federa a final statute involving the manufacture, distribution, dispensing, use, or any c •11ed substance; "Employee" means the employee of a under a grant, including: (i) All "• unless their impact or involve temporary personnel and co under the grant and who are o" not on the payroll of the antee consultants or inde recipients or subco antee "enga in the performance of work ge" e yees; (ii) all "indirect charge" employees nifican - the performance of the grant; and (iii) are dire "y.engaged in the performance of work This definition does not include workers olunteers even if used to meet a matching requirement; not on the grantee's payroll; or employees of sub- kplaces). City of National City Annual Action Plan FY 2006/07 Page 33 City of National City Annual Action Plan FY 2006/07 Page 34 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2006 AGENDA ITEM NO. 21 ITEM TITLE Resolution of the City Council denying a Conditional Use Permit application for a wireless communications facility on Sweetater Union High School property at 2900 Highland Avenue. Applicant: Cingular Wireless. Case File No. CUP-2005-12. PREPARED BY Mary Jo Wilson Principal Planner (336-4319)l/Planning EXPLANATION The City Council denied this project at the public hearing held on April 18, 2006. The attached Resolution will finalize that action. DEPARTMENT Environmental Review X NIA Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT APPLICATION 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 the Sweetwater Union High School property at 2900 Highland Avenue at duly advertised public hearings held on October 17 and December 5, 2005, at which time oral and documentary evidence was presented; and WHEREAS, the City Council considered the Conditional Use Permit application (CUP-2005-12) at public hearings held on January 17, February 21, March 21, and April 18, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the Planning Commission and City Council considered the staff report contained in Case File Nos. CUP-2005-12 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 that the testimony and evidence presented to the City Council at the public hearings held on January 17, February 21, March 21, and April 18, 2006, fail to support the findings required by the National City Municipal Code for granting a Conditional Use Permit, since the proposed use will have an adverse effect on adjacent or abutting properties, and the proposed use is not deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Council that the testimony and evidence presented to City Council at the public hearings held on January 17, February 21, March 21, and April 18, 2006, support the following findings for denial of the Conditional Use Permit: 1. The proposed use is not deemed essential and desirable to the public convenience or welfare of the community. In spite of requests from the City Council for a School Board member to appear at the hearing, no Board member appeared before the City Council. The City Council obtained a copy of the minutes of the meeting at which the School Board approved this wireless facility. Those minutes indicate that one Board member voted against the approval of this facility. The reason that the Board member did not support the project has not been made a part of the record. Resolution No. 2006 — May 2, 2006 Page 2 2. The proposed use will have an adverse effect on adjacent or abutting properties since the proposed location of the wireless facility on a public school site is directly adjacent to a single-family residential neighborhood. The proposed facility is also located along side a set of bleachers that are a part of the track and field facility on campus. The close proximity to these two areas has been determined to have an adverse effect. SE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use Permit Application No. CUP-2005-12. 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 2nd day of May, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ITEM #22 5/2/06 CITY BUDGET DELIBERATIONS - DISCUSSION OF REVENUE PROJECTIONS AND PROPOSED BUDGET CUTS TO BALANCE THE BUDGET (CITY MANAGER) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2006 AGENDA ITEM NO. 23 ITEM TITLE TEMPORARY USE PERMIT — Inflatable World at Westfield Plaza Bonita from May 13-2-\\ 2006 to September 3, 2006 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Inflatable World Corp. to conduct the Inflatable World Amusement Park event at Plaza Bonita on May 13, 2006 to September 3, 2006. This event will feature 18 inflatable units, including slides and obstacle courses. The event will operate daily Tuesday through Sunday from 12 p.m. to 8 p.m. and will be closed each Monday. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $698.00 for the Fire permits. Total fees are $1043.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary se Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Inflatable World Corp. EVENT: Inflatable World DATE OF EVENT: May 13 to September 3, 2006 TIME OF EVENT: 12 p.m. to 8 p.m. Tuesday thru Sunday, closed Monday's APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Police Department recommends that the applicant provide a security plan to the Police Department for approval. The security plan must include information regarding crowd control plans, hours of operation, and emergency contact information for the on -site security personnel. A copy of the T.U.P. will be forwarded to the Watch Commanders for extra patrol of the event. ENGINEERING No CIP Projects in the event's vicinity anticipated as of date. 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. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City. 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 area is to be maintained at all times. 3. Fire Department Permit is required to operate a carnival. Permit fee is three hundred forty nine dollars ($349.00). 4. All cooking/food carts to have one 40:BC or K type fire extinguisher where grease/oil is used in preparation or a byproduct of preparing the food. Fire extinguisher to have a current State Fire Marshal Tag attached. 5. 2A:10BC fire extinguishers required throughout the carnival site with travel distance not to exceed 75 feet. Fire extinguishers to have a current State Fire Marshal 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. 8. Fire Hydrants shall not be blocked or obstructed. FINANCE (619) 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. Type of Event: Public Concert Parade _ Motion Picture Fair Demonstration — Grand Opening Event Title: Inflatable World _ Festival Community Event _ Circus _ Block Party OtherJnflatable Amusement Center Event Location: Westfield Plaza Bonita Event Date(s): From 5/ 13/06 to 9/3/06 Total Anticipated Attendance: 1 , 950 per week Month/Day/Year - ( Participants) ( Spectators) Actual Event Hours: 12 am/pm to g am/pm Setup/assembly/construction Date: 5/3-5/1 9 Start time 1f•(Ina tn. Please describe the scope of your setup/assembly work (specific details): The dimensions of the facilitywe will be setting up at are appr- oximately 180' x 180' Theturf willbe laidout Dismantle Date: 9/4/06 List any street(s) requiring closure as a time of closing and day and time of r No ,treetq wi11hP npecled WP will fancP off the area along the perimeter. next by our staff then the inflatables willbe setup Completion Time: 9/7/06 am/pm result of this event. Include street name(s), day and eopening. to hp r1osPd for the entire PVPnt Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): Address: Daytime Phone Al* L Z1 4 /h/d 61:17. For Profit Not -for -Profit / loll /d reC Gi % iQhe'' Zdf/taZ. CL L V, 5+� f CA cl l 9I 0 ((/9) ZV7-4©7J Evening Phone: (01) Z2/7 O# j / Fax Contact Person 'on site" day of the event: yi/` zy/yr5,4,-G. Pager/Cellular: (10al 7/6"-n// g NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? YES g NO Are admission, entry, vendor or participant fees required? YES g NO If YES, please explain the purpose and provide amount(s): There wi 11 he an admi AA on fee paid for the entire day for the its of the gimaa and. facility Admission for children is $10.00on weekdays, $15.00 on weekends (for the entire da: $ 75,000 a moEatltinated Gross Receipts including ticket, product and sponsorship sales from this event. $ 25.000 montlstimated 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. Tnflatahlp World is an Amnsementtype park Thera are a tntal of 18 inflatable unite, which inrindp Glidpc nh Gtaclp enr+rcac and hn+mnar5 The power source for the entire park will he a ci l pnt l flflkw gPnerator The asphalt will he covered up ],y artificial turf for protection. We We provide security for our nark. Porta potties and handicap port apotties are provided for nor pntrnnG There is handicap arcesibility at the entrance. Floor attendant employees supervise safety of children and games. Tnflatahlp games are Getup and staked down everyday. and will be deflated and covered up at the end of each day. with the pnrrhaGe of admission patrons will be allowed to ride all day. Inflatable World is a family oriented activitydnd environment. YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES X NO Does the event involve the sale or use of alcoholic beverages? XYES NO Will items or services be sold at the event? If yes, please describe: Aflmi ssion to enjoy the park. Plastic Bottle drinks YES g NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES X_ _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies d Sizes 40ft. 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: A fnnd Tarr i q 1 nraIPri in the tha parr . Drinks, rhipc , and parkagard randy niir cnlyd If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL " OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 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, harriers 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 andior 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: 16 Trash containers with lids: 16 Describe your plan for clean-up and removal of waste and garbage during and after the event: Two 4'x 8' trash bins are provide for the disposal of trash. Employees cleanup the park and dispose trash in to containers. Please describe your procedures for both Crowd Control and Internal Security: Wa do contract our security. Theyare at the site all day. X YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Jetropol i ran Pubf is 4 fett Security Organization Address: P.O. Box 880041 San Diego. Ca 92168 Security Director (Name): Lee Clay Phone: (619) 482— 1151 _ YES X- NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We do provide a first aid kit for small cuts and burns. We W liave the paramedirg information and te1phnnP in raga of an emergency. Please describe your Accessibility Plan for access at your event by individuals with disabilities: There are three access gates at the front entrance. 0ne is used for Entrance. the second for exit, and the third for handicap access. There is not sl (ti • doors for eme • •nr Please provide a detailed description of your PARKING plan: Parking will he provided on both sides of the park and additional ace will be available right in front. Please describe your plan for DISABLED PARKING. Several disabled parking spaces will be made available along the front entrar Please describe your plans to notify all residents, businesses and churches impacted by the event: Businesses at the Westfield Plaza Bonita will be notified about the event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, X-- 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/prn YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will he used for your event: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Ranners with the Inflatable World logo will be displayed on the fence. Revised 08/10/05 Event: for Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 • City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Inflatable World Corp. Person in Charge of Activity Arthur Fonseca Address 1139 Mansiones Lane Telephone (619) 247-0099 Date(s) of Use 5/11/06- 9/1/06 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Vice- President 4/29/06 Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, wil► be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Pleaseproceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) y Date This is a picture of our setup in Mission Valley At the Westfield Mall. The setup at Plaza Bonita will be almost identical to The Inflatable World Park In Mission Valley. This picture shows how the generator will be setup at our location . For the safety of the public the generator islocated outside of the gated area, but also in a secure place where the public will not have access to. 1 00 OP:R LEAS 0 P' CEL OT 5 UL PARK NG 4 0VYN LEIS U P0. CEL 9 86.000 si JC NNEY LE0. D PA EL C3 LOT 1 C3 `iEL ER LE E0 P RCE. 145.25D sl 4,358 PARKING SPACES OE3 EASE LOT 10 LOT 13 OPER (� LEA ' RL'L P�gZA BONIT evem FUTURE DEPT. STORE LOT 12 LL PARKING _SPINY PC5 /EOWPIAENT P jc-w-' _Ati) Iris ..i,..,rom,4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2006 AGENDA ITEM NO. 24 ITEM TITLE TEMPORARY USE PERMIT — First 5 for Kids Expo on July 22, 2006 from 10 a.m. to 2.---N\ p.m. at Kimball Park with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from KPBS to conduct the First 5 for Kids Expo event at Kimball Park on July 22, 2006 from 10 a.m. to 2 p.m. This is a family event, where participants enjoy crafts and activities with PBS characters. Alcohol will not be served and KPBS staff and volunteers will assist with crowd control. The applicant is requesting the use of the City stage. Per City Council Policy #802, the stage may only be used at City sponsored events unless waived by City Council. City Council Policy requires 6 weeks between major events in the park. The 4th of July Carnival is scheduled for July 4. This requirement can be waived by the City Council. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. However, due to the City's budget situation, staff is not recommending the waiver of fees. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City departments, plus $986.79 for Public Works and $349.00 for the Fire permit. Total fees: $1680.79 STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit s with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A Account No. ject to compliance with all conditions of approval ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: KPBS EVENT: First 5 For Kids Expo DATE OF EVENT: July 22, 2006 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. POLICE (619) 336-4400 The Police Department recommends that the applicant provide a security plan to the Police Department for approval. The security plan must include information regarding crowd control plans, hours of operation, and emergency contact information for the on -site KPBS staff and volunteers. A copy of the T.U.P. will be forwarded to the Watch Commander for extra patrol of the event. ENGINEERING "D" Ave. will be resurfaced from E. 12th St. to E 16th St. Please confirm with Engineering 3 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. Emergency access to be maintained at all times, into and through the park. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated areas, are to be used, they are to be flame- retardant treated and a permit form the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 4. Minimum of 4 exits are required for the 30X30 canopies/tents. Exits are to be a minimum clear width of 8 feet wide. Minimum of 3 exits are required for the 20X20 canopies/tents. Exits are to be a minimum clear width of 6 feet. Exits to be clearly identified. Provide a minimum of one 2A:10BC fire extinguisher in each of the above sized canopies/tents. 5. Provide a site map reflecting the lay out of the event. Placement of canopies/tents, exit pathways, etc. FINANCE (619) 336-4330 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. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City. PUBLIC WORKS (619) 336-4580 The applicant is requesting the use of the City stage. However, the sponsor of this event is not a National City recognized organization. Council Policy #802 (copy attached) requires that in such instances, Council must waive this requirement in order to authorize the use of the City stage. Therefore, unless the City Council waives said policy, the stage will not be provided for this event. Council Policy #704 (copy attached) limits events to one every six weeks to allow the lawn to rejuvenate. It should be noted the Fourth of July Carnival is historically held prior to the date this event would occur. Approval of this T.U.P.; therefore, cold potentially preclude the approval of the Fourth of July carnival event. Nevertheless, should Council opt to waive the aforementioned policies and approve the T.U.P., staff would impose the following conditions: I . The cost to provide park maintenance personnel for this event is estimated to be $986.70. 2. A permit is required for the Astrojump, which can be obtained at the Community Services Department. rEIVED LIAR 2 2 2006 N VIIONA1. Off Type of Event: Public Concert Parade Motion Picture _ Fair _ Festival Demonstration Circus _ Grand Opening _ Other /Community Event Block Party Event Title:'i( �1dS Event Location: IPPI (I tCAri< t Event Date(s): From1` 93 t(7 to l J aa'lob Total Anticipated Attendance: Month/Day/Year ( Participants) ( Spectators) Actual Event Hours: /pm to a`-- aame Setup/assembly/construction Date:101O(o Start time: C ctri Please describe the scope of your se up/assembly work (specific details): ',fit4e,4O4to etto -1 i 12..s Dismantle Date:1 (a'i o(7 Completion Time: 3'0 am,lbm J List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization 'gS Chief Officer of Organization (Name) For Profit Not -for -Profit Applicant (Name): nail Nis CCro ie ( Address: t5(?t/tl L`dilant[e ve Daytime Phone: 40(156i -01O1t1 Evening Phone: (pl(t) [(0-1 Fax Contact Person on site" day of the event &)IiS Crone ar!Cellular: tj9t9 latPittlib NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): VYES NO YES � NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent intgormalion about the event. Q 6t --a VIL Pick I 64 1 goat Whare, ctrtictixtriki cJI 41. p Gra , o&fwI hPs Mi1C tttrlfeat and _Y011/fi � FYID, 6t9Cflti .hurafACA Commua ercttni ' ro✓4tei rPCuutzeS It ailendar And (1-40s .rpr YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES ✓NO YES NO _ YES /NO _ YES ✓ NO / YES NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. If YES, attach a detailed site map or 3P-1. j0 Does the event involve the use of tents or canopies?, If' ES: Number of tent/canopies 5 Sizes _ 3: 1 2 ID tO NOTE: A separate Fire Department permit is required for tents or canopies. / YES _ NO Will the event involve the use of the City stage or PA system? Does the event involve a fixed venue site? showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must he returned to a clean condition ) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event cold YOlLIYlOT 141 U PMire fart ISC Day lo deter Please describe your procedures for both Crowd Control and Internal Security: ASAct fund volufeec ati� ratri crowd control • YES ✓_ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. 4 Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES /NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: I Number of Bands: Type of Music: IYES NO Will sound amplification he used? If YES, please indicate: Start time: i /pm Finish Time pQ --_t— am/6 /YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: ar /'pm Finish Time _ �Q 0/pm Please describe the sound equipment that will be used for your event: YES /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, _pease describe: Revised 08/10/05 Event: for Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen l rees. Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization l(f Type of Organization 40(C,o(,tdca.si (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) 17 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) 9 Marc 9d,)oo62 Date Nttkorlal Ott *411 data 44 \\age ACORD,, CERTIFICATE OF LIABILITY INSURANCE 3/21ro6 PRODUCER 619-238-1828 Driver Alliant Insurance Warren G. Johnson THIS CERTIFICATE 18 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, 1620 Fifth Avenue COMPANIES AFFORDING COVERAGE San Diego, CA 92101 COMPANYA GENESIS INSURED SDSU Research Foundation COMPANY B TRAVELERS INDEMNITY OF ILLINOIS 5250 Campanile Drive San Diego CA 92182-1949 COMPANY c 1 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYI POLICY EXPIRATION DATE IMMIDD/YYI UMITS A GENERAL X UABILITY COMMERCIAL GENERAL LIABILITY lCLAIMS MADE I X I OCCUR OWNER'S & CONTRACTOR'S PROT YXB3000954B 7/01/05 7/01 /06 GENERAL AGGREGATE $' 1500000 PRODUCTS - COMP/OP AGO $ PERSONAL & ADV INJURY $ EACH OCCURRENCE S 1000000 FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) 5 A AUTOMOBILE X X X UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS YXB3000954B 7/01/05 7/01 /06 COMBINED SINGLE LIMIT 1000000 BODILY INJURY P. person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ GARAGE --' LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE 5 EXCESS LIABILITY UMBRELLA FORM J OTHER THAN UMBRELLA FORM EACH OCCURRENCE 5 AGGREGATE $ $ B WORKERS EMPLOYERS' THE PARTNERS/EXECUTIVE OFFICERS COMPENSATION LIABILITY PROPRIETOR/ ARE: AND INCL EXCL 419J489505 7/01 /05 7/01 /06 X WC TLIMTITS OT _ I I I ---- - "' EL EACH ACCIDENT 5 1000000 EL DISEASE - POLICY LIMIT $ 1000000 EL DISEASE - EA EMPLOYEE $ 1 000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE KPBS FIRST 5 FOR KIDS EXPO JULY 22, 2006 CERTIFICATE HOLDER IS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT CERTIFICATE HOLDER CITY OF NATIONAL CITY ATTN: JOE OLSON C CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1243 NATIONAL CITY BOULEVARD BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY K �N THE COMPANY, ITS AGENTS OR REPRESENTATIVES. NATIONAL CITY, CA 91950 AUTH• 1•'...R ' TIVE ACORD 254 11/851 2- i 1 , fl ACORO CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Endorsement Number 14 POLICY NUMBER YXB300954B ENDORSEMENT EFFECTIVE July 1, 2005 COMPANY Genesis Insurance Company NAMED INSURED California State University Risk Management Authority - Auxiliary Group Purchase Insurance Program COVERAGE PARTS AFFECTED The School Policy Retained Limit Form Coverage Part A CHANGES BLANKET ADDITIONAL INSURED Paragraph D. SECTION II — WHO IS AN INSURED in Coverage Part A is deleted and replaced by the following: D. Any person, entity, or any organization you are required by an insured contract to include as an insured we will include as an Insured under Coverage Part A but only with respect to bodily injury, personal injury, advertising injury or property damage arising out of your operations or premises owned by or rented to you. This insurance shall be limited to the extent of coverage and limits of liability required by the insured contract and shall not increase the Limit(s) Of Insurance stated in SECTION III - LIMIT(S) OF INSURANCE or alter any of the terms of coverage stated in this Coverage Part. The insured contract must be effective and executed prior to a covered occurrence. The insurance provided herein to any person, entity, or any organization qualifying as an Insured, does not apply to any liability occurring after those operations or use of premises have ceased or the end of the policy period, whichever is first. Except with respect to the relevant Limit(s) of Insurance, any applicable exclusion(s), and any rights or duties specifically assigned to the First Named Insured, this policy applies separately to each Insured against whom claim or suit is brought. The terms of Endorsement Numbers 15 and 17 do not apply to this endorsement. Signed at Stamford, Connecticut on July 1, 2005 TSPA9901 Authorized Representative Copyright, Genesis Insurance Company, 2005 u , L a •°.'{' "k R' B "rA ,* Pph.„, 10 a < r gtr} r„yy •, �T. �kry �. �. 1�,. � � .y.r..'r � fi/...lit. J$, rNi s :�Cl � S. �<7,,�%�.Slt� F91' � ,�7(;"f']�a},.1�� yy��`d iattt w�tjf#��1. ' �`N'� 28-J 11n-2DQ5 PRODUCER Driver Alliant insurance Services 600 Driver Montgomery Street 9th Floor San Francisco, CA 94111 (415) 403-1400 MS-e�. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED POLICIES BELOW. ONLY AND CERTIFICATE BY THE INSURED San Diego State University Research Foundation 5250 Campanile Drive San Diego, CA 92182-1949 573 INSURERS AFFORDING COVERAGE Please refer to Coverages section below. s:... '+r . I °sN) •v,.:,.: �`C4 A4-'7afs(5.rri i+u"0"...f ;IRtiir ` :: v y y tiw'". (-•' wn. }.# THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR POLICY PERIOD INDICATED.�NOTWITHSTANDING ] ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GoverageType TInswer 'Policy I Effecdv.Dats I ExplrationDate ILlnatType Amount - Insured Whittle CSURMA Sea Insured AGPIP SIR Fund AGPIP-0606.01 01Ju1-2005 01Jt1.2006 General Uabiity • Each Occurrence S250000 Auto Liability (Ind. In GL Limit) Hbe6TWnOMsd Auto find. In GL Limit) Prod+CcmPt 0perationa(ind inGL Limit Contractual UBHYy(Ind in GLUrni1Z P.xceas SIR Liability GENESIS YX83000548 01,1W-2005 01Ju1.2006 General Uatlfy- Each OcnMBlloe S750,000^ General LioljilY Aggregate Lime $1,5p).000 Auto Liaheity (Ind. In GL Limit) HirediNonOened Auto (Ind. In GL Lima) Prnd,Compl. Operations (Ind in C1 Lima Contractual Liability (I_nd In GL Limi) Excess SIR E&O Llab IEvldence at Insurance Only) GENESIS YXA D1154B 01Ju42005 01JW2006 SIR Eras 8 Omissions 5250,000 Excess SIR Errors & Omissions 5750.000 Aggregate LIMI Excess Liability (For Evidence of Insurance Onlyl S1,500.000 Schods EXCESS Ladlity Fund T0705-19J1247 01J0-Xl5 01Jd-2006 General Liability- Each Occurrence 31003.000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTS/SPECIAL PROVISIONS Evidence of insurance only, IMPORTANT If the kale holder is an ADDITIONAL INSURED, Me pdicy(ies) must be endorsed. A statement on als cerflfcate does nd confer nghts to the certificate bower in lieu Of such en dorsernenI(s) If SUBROGATION IS WAIVED, subtect to the terns and renditions of the policy. certain pdicits may require an endorsement. A statement on this certi care does rid confer rights to the cellificate holder In lieu of Such endorsement( a). DISCLAIMER The Certificate of Insurance on his form does not constitute a contraa between be issuing hnsuregs}, authorized representative or producer, and the certificate holder, nor dons It afms0vely or negatively amend, extend or alter the coverage afforded by the ponces listed thereon tT1FJ LTE HQLDER 0AN A IA . ''. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT , BUT FPit. URE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE --_,.s _.�-i City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2006 25 AGENDA ITEM NO. ITEM TITLE Notice of Decision— Planning Commission approval of a Conditional Use Permit for a 1,350\ square foot Mini -Market and Zone Variance for less than required parking at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue (Applicant: Saad Pattah) (Case File CUP- 2005-6) 0 PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is located within the Sweetwater Square shopping center at the southeast corner of Highland Avenue and 301h Street, in the General Commercial (CG) zone. The 11.5-acre center includes approximately 116,400 square feet of retail space, as well as a 572-space parking lot and an existing gas station. The gas station is in the extreme southwest corner of the center, visible from both Highland Avenue and the adjacent off -ramp from Highway 54. The applicant's proposal is to remove an existing sales booth at the gas station and construct a new single -story mini -market. The approximately 1,350 square foot market will have a stucco exterior and flat roof, with an entry tower over the front door; the tower will house new rooftop equipment per City Code. As the new mini -mart requires additional parking and the proposed plans result in an overall shortage of 11 spaces for the shopping center, a Variance for reduced parking has been requested. The proposed construction will allow for the enhancement of an existing tenant, FiIICo Gas, by extending their services to include sale of convenience goods as well as gasoline. This is consistent with General Plan policies that encourage full utilization of commercial sites. The project also meets several other General Plan policies, including the expansion of existing businesses where compatible and the private revitalization of older shopping areas in the City. The Planning Commission thus voted to approve the Conditional Use Permit and Variance associated with the mini -market. A companion Conditional Use Permit for beer and wine sales in the market was denied by the Planning Commission. An appeal of that action is also on this Council agenda. Environmental Review N/A Exempt Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and recommends that the Notice of Decision be filed. Xolo BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Alvarado, Baca, Flores, Reynolds Nays: Carrillo Absent: Pruitt Abstain: DeLaPaz ATTACHMENTS (Listed Below) 1. Planning Commission Resolution 6-2006 2. Location Map Resolution No. 3. Applicant's Plans (Exhibit A: 2/6/06) A-200 (9/99) RESOLUTION NO. 6-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A NEW 1,350 SQUARE FOOT MINI -MART AND A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AND DENYING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES FOR OFF - SITE CONSUMPTION AT AN EXISTING GAS STATION IN SWEETWATER SQUARE SHOPPING CENTER AT 3009 HIGHLAND AVENUE APPLICANT: SAAD PATTAH CASE FILE NO. CUP-2005-6/Z-2005-3 WHEREAS, the Planning Commission of the City of National City considered both a Conditional Use Permit application for a new 1,350 square foot mini -mart with beer and wine sales and a Zone Variance application for less than required parking at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue at a duly advertised public hearing held on March 6, 2006, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2005-6/Z-2005-3 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, members of the public and the National City Police Department testified that no public convenience is served by alcohol sales at the proposed mini -mart; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein are 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 March 6, 2006, support the following findings: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A NEW MINI -MART 1. That the site for the proposed use is adequate in size and shape, since the 11.5- acre shopping center can accommodate the small additions, which total approximately 1,350 square feet, to an existing gas station. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to can-y the volume and type of traffic generated by the proposed use, since the gasoline station is currently existing on -site and added trip generation as a result of the mini -market is minor, approximately 120 more trips a day, and since fifty percent of gas station traffic is estimated to be pass -by traffic that is not generated by the market but by other destination uses, and since Highland Avenue, a major arterial with a capacity of 25,000 ADT, is currently operating under its capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the commercial corridor that Sweetwater Square shopping center is .located in is designed and intended for gasoline service stations and other retail commercial uses, and because gas sales are currently existing on -site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will allow Fil1Co, which is an established and allowed use in the applicable commercial zone, to offer a larger variety of products to its customers, similar to other existing retailers. FINDINGS FOR APPROVAL OF A VARIANCE FOR REDUCED PARKING 1. That because of special circumstances applicable to the property, including size, location or 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 the gas station is located in the southwest comer of the site to achieve greater visibility and the necessary area for circulation to access the pumps limits the parking. However, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. 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 affecting operation, including plans identifying a mini -mart adjacent to the gas station, will result in the additional square footage that triggers the parking increase to be used almost exclusively by pass -by traffic or by traffic already visiting the site. Also, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. That the variance does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a gasoline station and mini -mart are allowed in the General Commercial (GC) Zone and the gas station use currently exists on site. FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT FOR BEER AND WINE SALES FOR OFF -SITE CONSUMPTION That the proposed use is not deemed essential and desirable to the public convenience or welfare, since there are nearly 100 existing alcohol licenses in the City, including two active on — site licenses within the proposed shopping center (Sweetwater Square), and since there is no net employment gained through the addition of alcohol sales to the proposed mini -mart. According to Police Department testimony, these particular types of businesses (i.e. convenience markets) are typically the highest repeat violators in the City with regard to alcohol sales, and the close proximity to a local high school only increases the availability of alcohol to underage residents. Also, based on statements from the National City Police Department, close to half of all police calls involve alcohol, and therefore the sale of beer and wine for off -site consumption is not deemed essential and desirable to the public convenience or welfare in this location. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit for a mini -mart and Variance for reduced parking are approved subject to the following conditions: 1 • This Conditional Use Permit authorizes a 1,350 square foot mini -market at 3009 Highland Avenue. 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-2005-6/Z-2005-3, dated 2/06/06. 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. Plans must comply with the 2001 California Mechanical Code, the Electrical Code, and California Title 4. Television cable companies shall be of cable trenches. editions of the California Building Code, the California Plumbing Code, the California 24 energy and handicapped regulations. notified a minimum of 48 hours prior to filling 5. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 6. 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. '• A drainage plan shall be submitted showing alp of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. The Priority Applicability checklist for the Standard Urban Stormwater Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering !7 • • 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 Stonn Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) and approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 9. The Best Management Practices (BMP's) 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 Stonn Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 10. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A. performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for the 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. 11. 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. 12. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. • • BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the following the City Council meeting where the Planning Commission resolution is set for review, unit* an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Co meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 3 ,- 2006, by the following vote: AYES: Alvarado, Baca, Flores, Reynolds NAYS: Carrillo ABSENT: Pruitt ABSTAIN: DeLaPaz ct z CHAIRWOMAN Sweetwater High School APPROXIMATE PROJECT LOCATION • N Highway 54 100 20 300 Feet PROJECT CITY PARCEL e' BOUNDARY LOCATION M A p CUP-2005-6/Z-2005-3 Conditional Use Permit for a 1,350 sq ft. mini mart and Zone Variance for less than required parking at an existing gas station at 3009 Highland Ave NATIONAL CITY PLANNING DRN. DAT 3/13/05 INITIAL HEARING: 5/02/05 4. 900Z/9/Z :3111(1 £-S00Z-Z/9-500Z-diD :ON 3114 3S113 IMMO. thalitirld AID liftiOLINN N'te .115 tf. aTaxi -ora4ato J.•• ,at r, '',1r-1.7C17 ;11711r'771-17r71.17 E [ [fi ?4*I r I —[•,e7 J jJ -n-- --- ----i I r,t1 19; 1 l'Itliql , 1 W1. --L,--T— d,di, 10-\-`...\ fNO*001. ' - Egi- Gm. • ' . ..3 ,..__. ,N ':' • - L. o .s.k 4x '-'''' s ' \ \ \ \\\ e'' \ X • — , 4-4 s BONS t),T, [0'4 VICIWINA •-47:2,21 - - tly 4 .11(10,r .0 r e .1.pinqiu.o; _ _ _ . _ _. _ „ _ _ riOtad \ s [ [ \ [ \ t 1 ' , , 1 " •,-...,, t t 1• • , \[.:" v\ Id. I -11 -o ro 004 • SWEETWA • 0 0 9,0. .ea 1.001- RAPE tli it; G II �'I mil --0 II,1:1161 g ] t ��ii IiflJ111 41 ii ie i�� J1i, +;i ��i �° �)4 Plii i � ��i FF i! itlli 9iIi �} 1i�aiia ! =t 01 ii _i3iii��!!{`i 1 I! i �i i�ttlt! epf �1�� 1�111101101]jigs 1. 1 1 ,1 ;1t , MINI MART NrEi aec TER SQUARE RETAI/IyyL��yCE Mr N•I��Y./Aw as 1N'IIrWN cirryr n wrar sis�w.ww _ __ I Xat 4b. Ml • Mf LY6 NOR-H ELEVATION SOUTH ELEVATION AST ELEVATION WEST ELEVATION aflhnp if 0 .11 Ct Ag W * N NORTH ELEVATION 1.4".I'O' SOUTH ELEVATION -191�f 71:��+T74--7 0 EAST ELEVATION V4••I'O' WEST ELEVATION oe I ttu CC 11 ALPHA PRHoBEC� e�tvtiracles aP NATIONAL CITY PROGRESS REPORT February 2006 - March 2006 ITEM #26 5/2/06 The mission of the Alpha Project is to empower individuals, families, and communities by providing work, recovery and support services to people who are motivated to change their lives and achieve self-sufficiency. Since October, 2004, Alpha Project has been working in National City providing outreach services to the City's growing homeless population. Alpha Project's Take Back the Street Program provides the City of National City outreach and community services one day out of the week with a crew of three persons and one supervisor. Alpha Project's TBS program has assisted with homeless mitigation in National City with referrals, weed abatement, clearing homeless camps, outreach, and tree skirting or removal of trees and debris. Since the inception of the program, Alpha Project has been providing walking patrols in Kimball Park twice a day, once in the morning and in the afternoon. To date, Alpha Project has provided community revitalization/cleanup and outreach at the below sites. 02-02-06 - cleaning of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • CDC Building, • Park Motel • Paradise Motel • Plaza & Highland, • Big Lots • Civic Center Dr., • 8th & Highland • 8th Street Trolley Stop 02-09-06 - cleaning up of transients camps, weed and tree trimming, cutting brush, hauling debris to dump, • Kimball Park Outreach, • Toys R Us, • Big lots, • Plaza & Highland • 99 Cent Store, • Civic Dr. & Harbor Dr., • Wal Mart Sign, • Smart n Final, • Jimmy's restaurant, CD o 7.71 ca .� CO 02-17-06 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • National City Library, • Kimball Park Outreach, • Burger King, • Paradise Motel, • Cozines Liquer, • Toys R Us, • Civic Center & Cleveland, • Plaza & Euclid, • Jimmy's Restaurant, • Sunny's Donuts, 02-23-06 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • National City Library, • Kimball Park Outreach, • National City Blvd./Keystone trailers, • underpass by Sweetwater Rd., • Behind Jimmy's, • Cozine's Liquor, • Smart N Final, • Behind Big Lots, • 99 Cent Store, 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 7 net tons of homeless camps, trash and debris. We have trimmed and skirted 5 trees. Alpha Project has provided outreached to 5 homeless men, women, and teens ranging from 15 to 68 years of age. Alpha Project has housed five of those homeless people and offered services to all. About half of the homeless population that Alpha Project encounters in National City is from out of State. On average, contacts have been homeless from one day to 20 years. A portion of those people are on SSI, but refuse to get help. Approximately 75% of those offered services are on drugs and/or alcohol. Many collect cans and panhandle for money to buy food and support there drug or alcohol habit. The homeless of National City have been living underneath bridges, in the river beds, in the City's parks and recreation areas, flood water channels, churches, on -ramps, and in commercial and residential foliage. Alpha Project for the Homeless would like to thank the City of National City for the opportunity to collaborate with the City to provide meaningful solutions to its homeless dilemma Of course, we could provide a more thorough outreach and community revitalization if we had more than one day a week to provide said services. Attached, you will find numerous pictures that have been taken within the City demonstrating our work. Th - nk You, a ommunity Projects Manager ALPH ,®DEC'IT ��c Miracles yipPPnr NATIONAL CITY PROGRESS REPORT March 2006 - April 2006 The mission of the Alpha Project is to empower individuals, families, and communities by providing work, recovery and support services to people who are motivated to change their lives and achieve self-sufficiency. Since October, 2004, Alpha Project has been working in National City providing outreach services to the City's growing homeless population. Alpha Project's Take Back the Street Program provides the City of National City outreach and community services one day out of the week with a crew of three persons and one supervisor. Alpha Project's 'PBS 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. 03-02-06 - cleaning of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • CDC Building, • Big Lots, • Jimmy's Restaurant, • Sunny's Donuts, • 222 Plaza, • Smart N Final, 03-09-06 - cleaning up of transients camps, weed and tree trimming, cutting brush, hauling debris to dump, • Kimball Park Outreach, • Toys R Us, • Big lots, • 222 Plaza, • 99 Cent Store, • Cleveland &Civic Dr. & Harbor Dr., • Sunny's Donuts, • Smart n Final, • Jimmy's restaurant, • Cozines Liquer, CD CLD 03-16-06 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • 222 Plaza Blvd., • 99 Cent Store, • Cozines Liquer, • Toys RUs, • Civic Center & Cleveland, • Plaza & Euclid, • Jimmy's Restaurant, • Sunny's Donuts, 03-23-06 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • National City Library, • Kimball Park Outreach, • 222 Plaza Blvd., • 8th & Highland, • ToysRUs. • Jimmy's Restaurant, • Sunny's Donuts, 03-23-06 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • 222 Plaza Blvd., • Park Motel, • 99 Cent Store, • Kimball Park Outreach, • Highland Car Wash, • Plaza Bonita walkway, • Big Lots, 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 7 net tons of homeless camps, trash and debris. We have trimmed and skirted 5 trees. Alpha Project has provided outreached to 5 homeless men, women, and teens ranging from 15 to 68 years of age. Alpha Project has housed five of those homeless people and offered services to all. About half of the homeless population that Alpha Project encounters in National City is from out of State. On average, contacts have been homeless from one day to 20 years. A portion of those people are on SSI, but refuse to get help. Approximately 75% of those offered services are on drugs and/or alcohol. Many collect cans and panhandle for money to buy food and support there drug or alcohol habit. The homeless of National City have been living underneath bridges, in the river beds, in the City's parks and recreation areas, flood water channels, churches, on -ramps, and in commercial and residential foliage. Alpha Project for the Homeless would like to thank the City of National City for the opportunity to collaborate with the City to provide meaningful solutions to its homeless dilemma. Of course, we could provide a more thorough outreach and community revitalisation 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. You, Community Projects Manager City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2006 AGENDA ITEM NO. 27 ( TEM TITLE Correspondence from Mr. Willard Cheng PREPARED BY Roger Post, Planning Director DEPARTMENT Planning EXPLANATION The Planning Department has received written correspondence from Mr. Willard Cheng regarding his request to Initiate a Specific Plan for the development of 122 residential dwelling units on a 1.7 acre parcel located at the northeast corner of 30th and A Avenue. The Planning Commission considered the request at their March 6, 2006 meeting. At that meeting, the Commission expressed concerns regarding the density (70.2 dwelling units per acre, double the allowable density) of this project and determined that the project would be inconsistent with the General Plan. Therefore, the Commission voted to deny the request. The Planning Commission staff report and meeting minutes are included for your review. While this is not technically an appeal, City Council also has the ability to Initiate a Specific Plan. Since this would involve a major amendment to the City's General Plan and in Iight of greatly diminished staff resources, we recommend this not be done. Environmental Review N/A Exempt Financial Statement NIA Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission denial. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the request. Vote: Alvarado, Baca, Martinelli, Reynolds. Nays: Flores. Absent: Carrillo, Pruitt, DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Letter from Mr. Cheng, dated March 8, 2006 2. March 6, 2006 Planning Commission Staff Report and Minutes 3. Land Use Code Chapter 18.112 (Amendments) A-200 (9/99) March 8, 2006 Mary Jo Wilson, ACP Principal Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4301 RE: Case File # SP-2001-01 Dear Ms. Wilson: Herewith is a request to appeal the Planning Commission's decision to deny our initiation for a Specific Plan for our property located the northeast corner of 30th and A. We would like to present our appeal to the City Council. Please place our case on the City Council Calendar as soon as possible. Thank you for.=.•- time and assistance in this matter. 2171 India Street • Suite Q San Diego • California • 92101.1768 p: 619.338.8138 • f: 619.338.8187 e: will@chengcapital.com City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PLANNING COMMISSION STAFF REPORT Title: Case File.: Location: Assessor's Parcel #.: Staff Report By: Applicant / Property Owner: Combined General Plan/ Zoning Designation: Parcel Size: Adjacent Land Use / Zoning: North: East: South: West: Environmental Review: March 6, 2006 REQUEST TO INITIATE A SPECIFIC PLAN FOR A PROPERTY LOCATED AT THE NORTHEAST CORNER OF 30TH STREET AND A AVENUE AS WELL AS A GENERAL PLAN/ZONING AMENDMENT SP 2006-01 Northeast corner of 30t Street and A Avenue 562-180-31 Mary Jo Wilson, Principal Planner Willard Cheng Heavy Commercial (CH) 74,488 square -feet (1.7 acres) Commercial warehouse and distribution and single-family homes / CH Single-family homes beyond a small canyon / RS-3-PD Offices across 30th Street / CH -CZ San Diego Dodge auto dealership lot / CA-PD Exempt; if initiated the level of required environmental review would be determined PROJECT SITE The project is located at the northeast comer of 30th and A Avenue in the Heavy Commercial (CH) zoning district. The somewhat rectangular property has about 193-feet of frontage on A Avenue and 286-feet on 30th Street. The easterly one-third of the site slopes down from the west to the east. Additionally, the easterly half of the property is below the grade of 30th Street. The westerly two- thirds of the site is developed with a well -maintained, single -story, 12,000 square -foot commercial building that is occupied with industrial -type uses (i.e. a printing business). A 40 space parking lot, accessible from A Avenue, is located on the south and east sides of the building. The easterly one- third of the site is vacant. Much the property is visible from 30th Street and from the single-family homes that ring the top of the canyon. The subject site is surrounded by single-family homes to the north and east, Mile of Cars to the west and office uses to the south. HISTORY In 2004, Council approved a development project (S 2004-3 / CUP 2004-2) to construct 47 condominiums on the easterly portion of the property and retain the existing commercial building. As a part of the proposal, Council also amended the CH Zone to allow mixed -use development with a density of up to 34.8 units per acre. Previous to this amendment, the CH Zone did not allow any residential development. Since that approval, the previous property owner has sold the property. PROPOSAL The new property owner, Mr. Cheng, is requesting authorization to initiate the process to prepare a Specific Plan for this individual property at the comer of 30th and A Avenue. He is proposing to develop the property with 122 residential units; 80 would be multi -family units and 42 units designed as live/work units. The existing commercial building would be demolished and two four- story buildings would be constructed on -site. As a part of the application, he has also provided a list of several existing General Plan policies that he believes would support a project of this magnitude (Attachment A). This proposal is the second project Mr. Cheng has processed in National City. The first project was a subdivision approved for 10 homes at 2504 Highland Avenue. Rather than build the project, Mr. Cheng has been attempting to sell the property. ANALYSIS This initiation step is the first step in determining if the creation of a Specific Plan is appropriate. A Specific Plan is a comprehensive planning document that guides the development of a defined geographic area. The creation of a Specific Plan is a legislative act governed by Califomia State Government Code Sections 65450-65457. Specific Plans contain detailed regulations, conditions, programs and design criteria unique to an area and serve to implement the General Plan. A Specific Plan must to be consistent with the General Plan and include text and diagrams which describe the following: PC Staff Report (SP 2006-01) March 6, 2006 Page 1 of 4 1. Distribution, location and extent of uses of land, including open space; 2. Public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities; 3. Standards and criteria by which development will process and standards for the conservation, development and utilization of natural resource; and 4. An Implementation Program including regulations, programs, public works projects and financing measures necessary to carry out 1-3 above. Planning staff, in consultation with the City Attorney, has reviewed the request to initiate a Specific Plan for this property to develop 122 dwelling units. The proposed density of this project is 70.2 dwelling units per acre which is double the density (34.8 dwelling units per acre) allowed by the underlying General Plan/Zoning designation. The maximum allowed density within any of the City's zoning districts is 34.8 dwelling units per acre with the exception of the Downtown Specific Plan, which is the only area in the community which has the potential to have greater density. There is a General Plan policy which states that a Specific Plan be drafted to reinforce the downtown as the City's heart, civic center and commercial hub which includes development standards which may involve taller structures and higher density relative to other areas of the City and encourages intensive commercial, residential and mixed -use, pedestrian -oriented development. As stated in the General Plan policy, it is important to focus the intense development of the community in the downtown area to ensure a vibrant downtown district. This is the only General Plan policy that encourages intense development in the Downtown District. There are no other such policies contained within the General Plan that would allow a project with density of 70 dwelling units per acre, as this project is proposing, in any other area. The applicant contends that there are sufficient General Plan policies that support this level of development (please see Attachment A) on this property. While the project would provide for additional housing opportunities, enhance the site and provide development along a commercial corridor, the project is not consistent with General Plan policies that promote intense development within the downtown core of National City (as evident in the Downtown Specific Plan) and restricts development that is not compatible with adjacent single-family neighborhoods. Additionally, the General Plan encourages vertical mixed -use (commercial and residential) development within the commercial zones that allow housing. Furthermore, the Overall Urban Framework Issues paper that was approved by the General Plan Advisory Committee in May 1995, and used as background information for the General Plan, discusses the types of development patterns the City would encourage. A mixed -use development pattern was described as needing to be carefully designed in order to achieve objectives for pedestrian -orientation and also attain residential privacy, security and open space amenities. Merely locating housing next to businesses does not guarantee pedestrian orientation or even connection between uses. The proposed project to develop 122 dwelling units on a 1.7 acre piece of land located near established single-family neighborhoods and directly adjacent to the City's automotive district is not consistent with the General Plan. Based on the review of existing General Plan policies, staff PC Staff Report (SP 2006-01) March 6, 2006 Page 2 of 4 does not believe there is sufficient evidence to support the initiation of a Specific Plan based on the proposed density in this area of the community. If the Commission determines that it is appropriate for the applicant to proceed with a Specific Plan, the applicant would also be required to process General Plan and Zoning Amendments to ensure that such development is consistent with the General Plan. As an alternative, the Commission could recommend that the applicant propose a new zoning district that would allow an appropriate density to achieve the proposed project. With the creation of a new zoning district, the applicant would have to provide sufficient evidence that such a zone would be appropriate for the community and include sufficient review of all areas of the community that would be designated within a newly created zoning district. This alternative would also require General Plan and Zoning Amendments. If initiated, a public hearing before the Planning Commission will be scheduled; full public notice would be given to property owners within 300-feet of the project site. Additionally, environmental review will be conducted. RECOMMENDATION 1. File the report and deny the request; or 2. Deny the request to Initiate a Specific Plan and Initiate a General Plan Amendment to create a new zoning district; such initiation would also include a Zoning Amendment; or 3. Initiate proceedings for preparation of a Specific Plan for the northeast corner of 30`h and A Avenue; such initiation would also include the initiation of a General Plan Amendment and would also require a Zoning Amendment. ATTACHMENTS 1. Application including Applicant's List of Consistent General Plan Policies 2. Conceptual Plans 3. Location Map Mary Jo ' ; ',AICP Principal "l er Roger G. Post Planning Director PC Staff Report (SP 2006-01) March 6, 2006 Page 3 of 4 NATIONAL CITY, CALIFORNIA APPLICATION FOR INITIATION OF A: X Specific Plan Amendment of a Specific Plan 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 43p - acoto Filing Fee $rz913o Recei No.0- ILtriPS Date Receivedt/gr[)tp B E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. I/We hereby request the National City Planning Commission to initiate a Specific Plan or an amendment of Specific Plan No. , Ordinance No. or Resolution No. to accomplish the following: The development of a high -quality mixed use (residential and work) project in the heavy commercial (CH) zone, located at 30`h and A Streets, that will serve as a valuable transition between the commercial uses to the west and the lower density residential uses to the east of the project. This project consists of 80 multi -family units plus 42 professional/commercial units combined with living areas. The development provides 220 off street parking stalls within two garage levels and one drive-in level. Attached as Exhibit 1 to this application is a copy of the Assessor's page obtained from the County Assessor's Office showing the exact boundaries of the subject property, and an architectural drawing of the project attached as Exhibit 2. 999999.901038/576724.01 NOTE:: Applicant must furnish an Assessor's page obtainable from County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property. Sketches, maps, etc. that will aid the Planning Commission's review of this request are encouraged. See Exhibit 1. This request for initiation of a Specific Plan or amendment is being requested for the following reason(s): See Attachment A hereto. NOTE: Request for initiation of a Specific Plan is not required on properties where a Specific Plan is already required by City ordinance or resolution. I/We understand that should the Planning Commission approve this request that no steps will be taken to hold any hearings on the proposal until the following application forms and fees are subsequently filed with the City: 1. Specific Plan or Specific Plan Amendment addressing all requirements of the California Government Code (Section 65451) plus a filing fee as adopted by resolution of the City Council. 2. Environmental Assessment Form plus a filing fee as adopted by resolution of the City Council (additional fees are required if it is necessary to prepare an environmental impact report). 2 999999901038/576724.01 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Viewz on A LLC Signature: Address: (Signure ac application is edges that this g filed) 2171 India Street, Suite Q San Diego, CA 92101-1768 Phone No. (619) 338-8138 Fax No. (619) 338-8187 Date: APPLICANT Signature: '1\06 Name: Signature: Address: (Signature acknowledges that this application is being filed) Phone No. Fax No. Date: ng, Viewz on A LLC (Signature certifies at the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 2171 India Street, Suite Q, San Diego, CA 92101-1768 Phone No. Fax No. Date: Yk'No ATTACHMENTS: Land Use Code Section 18.112.090 California Government Code Section 65461 - 3 - 038/576724 01 ATTACHMENT A NATIONAL CITY, CALIFORNIA APPLICATION FOR INITIATION OF A SPECIFIC PLAN (page 2) This request for initiation of a specific plan is being made for the following reasons: The proposed specific plan is deemed essential and desirable to the public convenience and welfare and it is consistent with the general plan and the housing element policies for the city of National City in that: - - the general plan directs the city to consider changes to mixed use regulations to mimic higher density areas near commercial uses and major roadways, while restricting density in areas primarily built with single-family homes. This directive permits "higher densities" in areas near commercial uses and major roadways; - - the project serves as a bridge since it activates and connects the residential area to the east with the commercial activities to the west; -- the development provides for an increase in the City's employment and tax base; -- it maximizes the use of scarce developable land areas within the city. The site is currently underutilized and it is physically suitable for the proposed development since it is located on a major arterial roadway within the city and the general plan encourages higher density residential development near commercial development along major roadways, highways, and public transportation routes; - - the scale of the development is compatible with adjoining usages, see Exhibit 2; - - the development provides additional homeownership opportunities; -- this site offers opportunities to realize important City design guidelines including increased use of pedestrian, bicycle and public transportation choices versus use of the automobile. For example, the site is proximate to a nearby public high school and elementary school which allows for the students to walk or to bicycle to school without requiring the need for traditional transportation which result in related energy and air quality impacts; 4 999999.901038/576724.01 C m ro m ILL mm acas imsni mm mm ..11i01,11.111.4,l�r1 ate! ®�Ir� ;RIM' III' 1N 1■ !1111! '!1111! i i 1111 — w ■ .111i' '111! 1r 1N !111I! lIIIl! mi Awn NI NI mom — !s111! 1Y IN !1111! �L_11.1 LLLI Tanis Y aogs UM ..Ii.01 NOLLVA;II SHE i-� P 1 -- the project will activate the street surrounding it with live -work entries that are well lighted and beautifully landscaped; -- the proposal will not have an adverse affect upon adjacent or nearby properties, since it is consistent with mixed -use development that provides higher density residential uses without impacting traffic in the single family residential neighborhoods; -- the development complies with City policy emphasizing mixed use development by combining 42 commercial units with 80 standard residential units, and satisfies density policies since the 42 commercial units should not count in the density calculations; -- the development provides for superior architecture which is a significant upgrade to the adjoining areas and thus it will result in the beautification of the older commercial area; -- the development will provide open and recreational spaces; -- the development will employ anti -graffiti coatings and surfaces; -- the development will include CC&Rs running with the land setting forth the privileges and responsibilities, including maintenance and funding obligations; -- the site for the proposed use is adequate in size and shape; Currently there is no specific plan in place for the property at issue, however the proposed specific plan will be consistent with the general plan that allows greater density in areas other than downtown when a specific plan is in place. Should the planning commission approve this request to initiate an Application For a specific plan the project proponent will, at that time, address all requirements of the California Government Code (Section 65451) plus submit a filing fee as required by the City. In addition, the applicant will provide appropriate environmental assessment documentation. PROPERTY OWNERS AND APPLICANT Viewz on A, LLC Mr. Willard Cheng Viewz on A, LLC 2171 India Street, Suite O San Diego, CA 92101-1768 - 5 - 999999.901038/576724.0 I PROJECT SITE ZONE BOUNDARY LOCATION MA.P Request to Initiate Specific Plan for Property at Northeast Corner of 30th Street and A Avenue NM MN ON SP-2006-1 NATIONAL CITY PLANNING DRN. DATE: 3/02/06 INITIAL HEARING: 3/06/06 7. Willard Cheng, 2171 India Street, Suite Q, San Diego, applicant, spoke in support of the proposed project. He stated the project is proposed to be 42 mixed commercial and residential units, and 80 residential units. He further stated he had meet with each Council member and has the support of four of the members. Commissioner Reynolds stated that he cannot support this project due to the high density. Motion by Reynolds, 2nd by Baca, to file the report and deny the request. Motion carried by the following vote: Ayes: Alvarado, Baca, Martinelli, Reynolds. Nays: Flores. Absent: Carrillo, Pruitt, DeLaPaz. Other Business 7. Request to Initiate a Specific Plan for a property located at the northeast corner of 30`h Street and A Avenue as well as a General Plan/Zoning Amendment. Applicant: Willard Cheng. Staff Report by Principal Planner Wilson. Case File No. SP-2006-01. Sections: 18.112.010 18.112.020 18.112.030 18.112.040 18.112.050 18.112.060 18.112.070 18.112.080 18.112.090 Chapter 18.112 AMENDMENTS Generally. Initiation. Application. Planning commission hearing. City council hearing. Notice of decision of city council. Modifications to be referred to the planning commission. Adoption of the ordinance. General plan map, general plan, and specific plan amendments. 18.112.010 Generally. The boundaries of the zones established by this title, as described in Section 18.10.080, and all provisions of Chapters 18.10 through 18.100, 18.104,18.106 and 18.110, and Sections 18.102.010 through 18.102.250, 18.102.280, 18.102.290, 18.108.010 through 18.108.070,18.108.090 through 18.108.170, 18.136.010, 18.136.070 and 18.136.130 may be amended only in the manner prescribed by the California Government Code (Sections 65854 through 65857. Amendments to Chapters 18.02 through 18.08 and 18.112 through 18.134, and Sec- tions 18.102.260, 18.112.270, 18.108.080, 18.108.180 through 18.108.220,18.136.020 through 18.136.060 and 18.136.080 through 18.136.120 may be adopted as other ordinances are adopted. (Ord. 1503 § 1 (part), 1976: NCLUC § 990-3.01) 18.112.020 Initiation. The amendments, as specified in Sections 18.112.010 through 18.112.080, may be initiated by: A. The application of an owner or the agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for his prop- erty, or the reclassification of his property; 835 B. The application of a person authorized to exercise the power of eminent domain; C. The application of a redeveloper who is seek- ing to redevelop the property involved, and who is a party to an existing disposition and development agreement with the community development com- mission; D. Minute action of the city council; E. Minute action of the planning commission. (Ord. 2184 § 3, 2001: Ord. 1686 § 1, 1979; Ord, 1503 § 1 (part), 1976: NCLUC § 990-3.02) 18.112.030 Application. A. All applications for amendment shall be made to the planning department. No steps shall be taken to hold any hearings on a proposed amendment until the applicant has deposited with the finance officer a filing fee in such amount as the city council shall from time to time establish by resolution. B. No decision on a zoning amendment shall be rendered by the planning commission or city council until they have, respectively, found that the amendment, if adopted, would be consistent with the general plan. (Ord, 1831 § 2(part), 1984; Ord. 1629 § 2(a), 1978; Ord. 1503 § 1 (part), 1976: NCLUC § 990-3.03) 18.112.040 Planning commission hearing. Upon the filing of a verified application and the deposit of the required fee, or the adoption of a resolution by the planning commission or city coun- cil, the planning commission shall hold a public hearing, Notice of such hearing shall be given as provided by Chapter 18.130. Following such near- ing, the commission shall recommend to the city council approval or denial of the request, including the reasons for the recommendation, and the rela- tionship of the proposed amendment to applicable general and specific plans. Within seven days from the date of the hearing, the commission shall notify the applicant of the decision. (Ord. 1503 § 1 (part), 1976: NCLUC § 990-3.04) 18.112.050 City council hearing. Upon receipt of the recommendation to the plan_ (National City 8-01) 18.112.050 ning commission, the city council shall hold a pub- lic hearing. (Ord. 2063 § 14, 1993: Ord. 1503 § 1 (part), 1976: NCLUC § 990-3.05) 18.112.060 Notice of decision of city council. A. Within seven days following the approval or denial by the city council, the city clerk shall notify the applicant, in writing, of such action. B. Where an application for an amendment has been denied and that action has become final, no new application for substantially the same purpose shall be accepted for a period of one year after the effective date of the denial. (Ord. 1503 § 1 (part), 1976: NCLUC § 990-3.06) 18.112.070 Modifications to be referred to the planning commission. The city council may approve, modify or disap- prove the recommendation of the planning commis- sion; provided that any modification of the proposed amendment by the city council not previously con- sidered by the planning commission during its hear- ing shall first be referred to the planning commis- sion for report and recommendation, but the plan- ning commission shall not be required to hold a public hearing thereon. Failure of the planning com- mission to report within forty days after the refer- ence shall be deemed to be approval of the proposed modification. (Ord. 1503 § 1 (part), 1976: NCLUC § 990-3.07) 18.112.080 Adoption of the ordinance. Within thirty days of approval, the city attorney shall prepare and present, for council adoption, an ordinance incorporating the approved amendment. (Ord. 1503 § 1 (part), 1976: NCLUC § 990-3.08) 18.112.090 General plan map, general plan, and specific plan amendments. A. Purpose. The general plan map, general plan, and any specific plan may be amended whenever public necessity, general welfare, convenience, or sound planning principles require, in the manner prescribed in Sections 65350 through 65360, and (National City 8-01) 836 65500 through 65506 of the Government Code of the state. B. Initiation. Amendments to the general plan map, general plan, or any specific plan may be initiated by: 1. Minute action of the city council; 2. Minute action of the planning commission. C. Application. Any person desiring to initiate a change in the general plan map, general plan, or any specific plan shall address his request on a form prescribed by the planning commission, to the city planning commission, which shall consider the request at a regular meeting within thirty days of receipt thereof. The director of planning, upon re- ceipt of such a request, shall fix the date at which the request will be presented to the planning com- mission and shall inform the applicant thereof not later than ten days prior to such meeting. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Action of Planning Commission. The plan- ning commission shall, in its sole discretion, deter- mine whether or not to initiate any amendatory proceedings as requested by such person. E. Fee. In the event that the proposed amend- ment to the general plan is requested by a private citizen, no steps shall be taken to hold any hearings on such proposed amendment until said person has deposited with the city a sum equal to the estimated cost of making such amendment in such amount as the city council shall from time to time establish by resolution. (Ord. 1831 § 2 (part), 1984; Ord. 1686 § 2, 1979; Ord. 1629 § 2(i), 1978; Ord. 14 §§ 1-5, 1976) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES March 21, 2006 AGENDA ITEM NO. 28 il-TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FOR THE PERIOD OF 04/05/06 THROUGH 04/20/06 OF 206,634 PREPARED BY Jeanette LCPA 619-336-4 DEPARTMENT EXPLANATION See attached report. CDC— Finance Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 04/05/06 THROUGH 04120/06 amount to $206,634. STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A Account No. N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 04/05/06 through 04/20/2006 A-200 (9/80) FOR MEETING OF MAY 2, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 04/05/06 - 04/20/06 Pa ee CDC ARROWHEAD MTN SPRING WTR CO. CHRISTENSEN SCHWERDTFEGER CITY OF NATIONAL CITY DEL VALLE, XAVIER EDCO DISPOSAL CORPORATION FOWLER INTERNATIONAL COUNCIL OF SHOPPING CENTERS KEYSER MARSTON ASSOCIATES, INC KLEINFELDER, INC. LAW OFFICE OF DON DETISCH LIEBERT CASSIDY WHITMORE LUCERO NATIONAL CITY CHAMBER OF NATIONAL CONSTRUCTION RENTALS NEXTEL COMMUNICATIONS PURCHASE POWER RJA MANAGEMENT SERVICES, INC.. TELACU SOUTHBAY MANOR AT SYSTEMS WEST, INC. BATIZ.COM BEST BEST & KRIEGER CAFFE D' AMORE, INC. CITY OF NATIONAL CITY FAST SIGNS FEDEX KINKO'S GRAPHIC SOLUTIONS HARRIS & ASSOCIATES KEAGY REAL ESTATE LAND AMERICA COMMONWEALTH LASER SAVER, INC. LINTVEDT, MC COIL & ASSOCIATES OPPER & VARCO LI.P OVERLAND PACIFIC & CUTLER, INC SAN DIEGO GAS & ELECTRIC SOUTH COUNTY ECONIMIC SWEETWATER AUTHORITY VERIZON WIRELESS CDBG COMMUNITY YOUTII NUTRITION AIRGAS - WEST CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE SAN DIEGO GAS & ELECTRIC SLETTENGREN THE COOLING STORE HOUSING ASSISTANCE PAYMENTS PURCHASE POWER XEROX CORPORATION GM AC MORTGAGE Descri don WATER SERVICE FOR CDC 03/06 LEGAL SERVICES FOR 1820 G ST, 03/03/06 REIMB OF CHECK ERRONEOUSLY DEPOSITED EDUCATION REIMBURSEMENT WASTE SERVICES AT 921 A AVE, THRU 06/06 REIMB OF EASELS FOR COUNCIL WORKSHOP MEMBERSHIP FEES ECONOMIC CONSULTING FOR VARIOUS PROJS PROF SERVICES FOR HIGHLAND AVE MEDIANS LEGAL SERVICES & EMINENT DOMAIN FOR PROJ LEGAL FEES RE RETAINER AGREEMENT 02/06 PAYOFF OVERPAYMENT REFUND CDC-2002-02 NC CHAMBER ANNUAL DUES FENCING FOR DAYS INN SITE CELL PHONE CHARGES THRU 03/26/06 POSTAGE REFILL THRU 03/24/06 CONSULTING FEES FOR CITY COUNCIL WORKSHOP SOCIAL SERVICES FOR THE YEAR 2006 ARMORED CAR SERVICES FOR 04/06 PROPERTY LISTING APPLICATION DEVELOPMENT PROF SERVICES FOR NC PLAZA DEVELOPMENT MISC KITCHEN SUPPLIES FOR CDC VISITORS WATER FOR SLOPE 1RRIGATION PARADISE MARS NEW SIGN FOR THE OFFICE TRANSPORTATION & HANDLING CHARGES 03/06 BROWNFIELD REDEV POSTCARDS ENGINEERING SERVICES FOR VARIOUS PROJECT APPRAISAL FOR PSI PRELIMINARY TITLE REVIEW -PURPLE COW SITE CDC COPIER SUPPLIES PROF SERVICES FOR PACIFIC STEEL SURVEY LEGAL SERVICES FOR PACIFIC STEEL SITE RELOCATION CONSULTING FOR PACIFIC VIEW UTILITIES AT 2300 CLEVELAND THRU 3/30/06 SCEDC NOV -.LAN FY 05-06 UTILITY BILL FOR 1820 G ST THRU 03/02/06 CELLULAR PHONE CHARGES FOR 03/06 SUBTOTAL - CDC: CDBG REIMBURSEMENT FOR 03/06 FY05-06 SUBTOTAL - CDBG: CONSUMABLES AT NCNP FOOD FOR NCNP FOOD FOR NCNP FOOD FOR NCNP CONSUMABLES AT NCNP JANITORIAL SUPPLIES AT NCNP SHARPENING SERVICE AT NCNP UTILITIES AT NCNP REIMBURSEMENT OF EXPENSES AT NCNP HOTSHOT REPAIR AT NCNP SUBTOTAL - NUTRITION: TOTAL GENERAL FUND: MANUAL PAYMENTS POSTAGE REFILL THRU 03/24/06 S8 OFFICE EQUIPMENT LEASE FOR 03/06 SECTION 8 OFFICE RENTAL FOR 04/06 Chk No Amount 15943 34.47 15946 1,099.69 15947 6,579.63 15948 425.00 15949 104.49 15950 60.32 15951 50.00 15952 2,141.27 15953 988.00 15954 6,257.20 15955 3,900.00 15956 106.08 15959 100.00 15960 99.00 15961 85.00 15964 1,008.50 15965 2,490.69 15969 5,000.00 15971 697.68 15972 5,500.00 15973 I ,485.00 15974 187.94 15975 5,757.61 15977 77.04 15978 24.14 15979 325.00 15980 2,557.00 15981 9,500.00 15982 500.00 15983 584.71 15984 1,237.50 15985 12,651.43 15986 957.50 15987 121.34 15988 4,120.11 15989 30.33 15990 450.63 77,294.30 15976 1,666.67 1,666.67 15942 18.70 15944 31.1.80 15945 2,515.57 15957 642.15 15958 84.03 15962 1,946.24 15963 40.00 15966 1,745.86 15967 87.19 15970 227.88 S7,619.42 $86,580.39 $16,287.37 10193 1,008.49 10194 816.45 10195 3,527.50 Payee NATIONAL CREDIT REPORTING RAMIREZ-CULAN TRAMMELL CROW COMPANY VERIZON WIRELESS PAYROLL FOR MEETING OF MAY 2, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 04/05/06 - 04/20/06 Description CREDIT REPORT FOR S8 APP/PARTICIPANTS REFUND OF S8 HAP OVERPAYMENT SS OFFICE LEASE OPERATING EXPENSES CELLULAR PHONE CHARGES FOR 03/06 TOTAL - SECTION 8: PAYROLL 03/28/2006 - 04/10/2006 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No 10196 10197 10198 10199 Amount 203.80 51.00 97.71 225.21 $22,21753 $97,835.74 $97,835.74 TOTAL OF ALL FUNDS: $206,633.66 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 2, 2006 /ITEM TITLE Status Report — The Community Development Commission (CDC) contracted with Cornerstone Building Group to perform a Health and Safety Code Analysis of the Playhouse on Plaza building, which was completed on February 22, 2006. AGENDA ITEM NO. 29 PREPARED BY Angela Nazareno Economic Development Manager DEPARTMENT Community Development Commission EXPLANATION Staff retained the Cornerstone Building Group to complete a health and safety code analysis of the building. Their analysis recommends improvements estimated at $640,000. This estimate accounts for structural, mechanical & plumbing, electrical, a fire sprinlder system, a fire alarm, civil engineering (ADA requirements), asbestos abatement, termite damage and control, a general contractor, architectural and engineering services, and a contingency fee of 10%. The estimate did not include any facade treatments, roof replacement, ADA improvements, parking lot upgrades, or tenant improvements. Environmental Review: x Financial Statement: The CDC's Fiscal Year 05/06 budget for Playhouse on Plaza appropriated $70K of which 80% has been expended. No additional funds for the Playhouse have been iden Account No. STAFF RECOMMENDATION: Staff recommends accepting Cornerstone Building Group's evaluation, pending the 90-day report from the CDC prd Strategic Workshop (March 25, 2006) prioritizing the direction of this project. 314t BOARD / COMMISSION RECO IINENDATION N/A Resolution No. ATTACHMENTS 1. Background 2. Structural Analysis BACKGROUND REPORT The Playhouse on Plaza formally known as the "Lamb's Players" theatre hosted its' last season of production in 1994. Since that time, the theatre was used to house their scenic and costume shops until the company recently outgrew the space. In May of 2005, the Playhouse on Plaza was purchased by the CDC for $983,000, at which time the structure of the building was not in compliance with Building and Safety Code Requirements. Cornerstone Building Group was retained by the CDC to perform a Health and Safety Code Improvements analysis of the building. In order to proceed with the Health and Safety Code Improvement identified by Cornerstone Building Group, a Request for Qualifications (RFQ) to hire an architect to develop of set of plans and specifications will be advertised. The plans and specifications will be used to go out to Bid for a General contractor to complete the work. It should be noted that the estimate of $640,000 simply brings the building into code compliance. It does no improvements to the building that may be desired by an "End User". These would come at an additional cost and may include such things as painting, carpeting, lighting, and parking lot improvements along with facade treatments, roof replacement and ADA improvements. Since no "End User" has been identified these costs have not yet been estimated. However, depending on timing and schedule after the project is prioritized, these items maybe included in the bid package prepared by the selected architect. Before an RFQ is advertised it will be presented to the council for review. If it includes "End User" improvements the cost estimate will be amended. CORNERSTON]t? Bullding Oro%.;p 22 February 2006 Ms. Angela Nazareno Project Manager Community Development Commission City of National City 140 E. 12th Street, Suite B National City, CA 91950 RE: Due Diligence Report Playhouse on the Plaza 500 E. Plaza Blvd. National City, CA 91950-3426 Dear Ms. Nazareno: In accordance with your request, Cornerstone Building Group (CBG) is pleased to provide you with this Due Diligence Report for the Playhouse on the Plaza building located in National City, California. The primary purpose of our study was to provide the City of National City with recommendations to make the structure more functional and in compliance with applicable building code requirements. Please note that our study did not include an architectural review to enhance the aesthetics of the building and subject property. CBG retained the services of Flores Lund Consultants, Salehi & Salehi, Turpin & Rattan Engineering, and Air & Building Sciences to assist in our Due Diligence study. Our investigation included a structural, mechanical, plumbing, electrical, and civil review of the building and subject property. Samples of on site building materials were collected and analyzed for the presence of asbestos and lead -based paint. The Due Diligence reports for the respective disciplines are enclosed. Our consultants provided written recommendations to upgrade the structure in order to meet current building code requirements and industry standard of care. CBG reviewed these recommendations and subsequently prepared rough order of magnitude (ROM) estimates for the associated costs of each recommendation. We hope that the information provided in this Due Diligence Report will assist the City of National City in evaluating the overall condition of the Playhouse on the Plaza building from a construction and economic standpoint. 3590 Kettner Blvd. San Diego, CA 92101 Office (619) 296-5784 Fax (619) 296-6508 CA. Lic.# 812183 Due Diligence Report Playhouse on the Plaza National City, CA Page 2 Please do not hesitate to call us at 619.296.5784 (office) or 619.241.5574 (mobile) if you have any questions. Respectfully submitted, CORNERSTONE BUILDING GROUP Bayani Abueg, P.E. Sr. Project Manager Attachments: • Rough Order of Magnitude (Rom) Estimate • • Structural Report prepared by Flores Lund Consultants dated 2/14/06 • Mechanical & Plumbing Report prepared by Salehi & Salehi dated 2/7/06 • Electrical Report prepared by Turpin & Rattan Engineering dated 2/7/06 Civil Report prepared by Flores Lund Consultants • Asbestos & Lead Report prepared by Air & Building Sciences dated 1 /30/06 t• Termite and Dry -Rot Report • prepared by Kennedy Pest Control dated 2/3/06 Roofing Report prepared by Premier Roofing dated 2/17/06 • As -Built Drawings (12 Sheets) cc: Rick Osgood (CEO) Mike Najera (President) Mark Franko (Sr. Estimator) Description Structural: aty Unit __ O • tion #2 - Re . air roof truss with steel dates 4,500 SF RpIace roof sheathing and install new roof. 8.00 Add shear walls to exterior walls and common wall. Install new holdowns. Remove and replace rear access stairs. Repair exterior stucco. Mechanical & Plumbing: Replace black iron gas pipe. Replace water heater Install ADA restrooms Install new floor drains. Install vent at janitor's sink. Install new condensate. Replace ductwork Rezoning HVAC system. Replace diffusers and grills. Replace existing AC unit with 10-ton AC unit. Demo wall heater. Title 24 upgrades. Install roof ladder. 4,500 SF 9.86 44�� 4,140 SF 11.06 45, a. a 30 EA 130.00 1 EA, 1 4,190.00 4,, 4,680 SF 12.00 56,1 Subtotal: 1190 42 1 225 1 20 1 1 LS LS LF LS EA EA EA 3,400.00 3,352.96 1,225.00 700.00 900.00 14.00 7,250.00 125.00 15,400.00 1 LS EA Electrical: Install Ground Rod 75.00 7,500.00 900 7,250 2,500 15,400 75 7,500 1,650 Subtotal: 58,69 1,650.00 Raise Service Drop Update Switchboard Directory Install S/Board Bklank Offs Demo Shrubs/Main Switchboard Cover Unused Knockouts Remove Remote Meter Can Support Conduit to Booth Relocate Stage Dimmer Panel Short Circuit Study Relocate Panelboard Fasten Transformer Grounding for Transformer Replace Missing Conduit Covers Remove X-Mas Lighting R&R Coverplates Relocate Recepticals @ Counter Replace Flexible Cables @ Stage Hard Wire Exhaust Fan Remove Exposed Cable @ Lights Install Recepticals @ Power Strips Install Exterior GFCI Recepticals Install Emergeny Exterior Lighting Install Low Level Exit Signs Replace Non -working Exit Signs Replace Exterior Photocell Install Wire Guards on Lights 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS 250.00 2,500.00 50.00 100.00 100.00 100.00 200.00 500.00 1,000.00 750.00 1,000.00 250.00 250.00 250.00 50.00 250.00 750.00 7,500 00 125.00 2,000.00 750.00 500.00 1,500 00 1,500.00 2,500.00 250.00 500.00 250 2,500 50 100 100 100 200 500 1,000 750 1,000 250 250 250 50 250 750 7, 500 125 2,000 750 500 1,500 1,500 2,500 250 500 Date: 3/1/2006 Page 1File: ROM Estimate for Due Diligence Work (Revised) cst Desorlption Install Egress Lighting Seal All Wall Penetrations Install Fire Alarm System 1,500.00 500.00 Subtotal: rite opnrnuer: Install fire sprinkler system 5,200 SF 11.00 57,211 Underground fire service (backflow preventer, FDC, PIV) 1 LS 10,000.00 10, Fire service connection at E. Plaza Blvd. 1 LS 4,000.00 4,00. Subtotal: 71 1 g Civil: ADA path of travel study 1 LS 2,000.00 2 000` Grading for ADA accessility 1 LS 2,500.00 2 e w Modify existing ramps 1 LS 3,500.00 3 0 Slurry seal parking lot 1 LS 10,000.00 10, r $ e Restripe parking lot 1 LS 2,000.00 2,1. r Subtotal: 20 I 1 1 Asbestos Abatement: Remove and replace acoustical ceiling 1,000 SF 14.10 14 100 Remove and replace floor tile 1,000 SF 9.00 9,000 Subtotal: 23,100 Termites: , A I C A I a7n nn 1 7 17' Remove drywood termites Remove drywood termite damage at exterior Remove fungus/dryrot in doors, jams, threshold Fumigation 10 4 EA LS 670.00 1,205.00 3,528.00 Subtotal: 6,70,. 4,820 3,528 22,418 General Conditions (Superintendent Project Mgr.) MO 15,000.00 Subtotal: 75,000 75 000 Subtotal: 488,312 General Contractor O&P © 10% Architectural & Engineering Services Subtotal: Contingency @ 10% 48,831 45,000 582,144 Rough Order of Magnitude (ROM) Estimate for Due Diligence Work Please note that our ROM estimates does include costs for the following items: 1. Architectural enhancements to structure or subject property. 2. Provisions for increasing number of parking spaces. 3. New retaining walls which may be required to increase parking spaces. 58,214 $640,358 Date: 3/1/2006 Page Tile: ROM Estimate for Due Diligence Work (Revised) µ GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Structural # 1 Estimator. Mark F C4D ERSTOPIE BuiMing Group Date: 16-Feb-06 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL LABOR LABOR MTRL MTRL EQUIP EQUIP SUB SUB LINE DESCRIPTION QTY UNIT COST COST COST COST COST COST COST COST COST ITEM # 7.1 - - - - -_ Roof Truss Repair - -- - Option # 1 (Replace Trusses with Glulam Beams) - - - Remove HVAC/Electrical 4,500 SF 5.00 22,500.00 - - 22,500.00 Demo Roof/Plywood 0 SF 0.65 - - 0.21 - - Derno Trusses 4,500 SF 2.00 9,000.00 - 0.50 2,250.00 - 11,250.00 Install new glu-lam beams 4,500 SF 0.92 4,140.00 5.99 26,955.00 0.25 1,125.00 - 32,220.00 Install plywood 0 SF 2.00 - 2.00 - - Reinstall HVAC/Electrical 4,500 SF 5.00 22,500.00 1.00 4,500.00 - - 27,000.00 Install new roof 0 SF - - - 5.00 - Protection while roof is removed 0 SF 0_75 - 0.50 - - - -Fall protection 1 LS 400.00 400.00 250.00 250.00 - 650.00 - - 93,620.00 Option # 2 (Repair trusses) - - - - - Repair existing roof trusses 4,500 SF 4.00 18,000.00 4.00 18,000.00 - - 36,000.00 ITEM # 7.2 - - - Diagonal Roof Sheathing - - - - Option#1 - - - Demo Roof/Plywood 4,500 SF 0.65 2,925.00 - 0.21 945.00 - 3,870.00 Install plywood 4,500 SF 2.00 9,000.00 2.00 9,000.00 - 18,000.00 Install new roof 4,500 SF - - - 5.00 22,500.00 22,500.00 _ - 44,370.00 Option # 2 (Same Cost as Option #1) _ Option # 3 - - - Not cost effective. - _ _ Item # 7.3 - - Shear Wall System - - - _ _ Demo Drywall 4140 SF 0.55 2,277.00 - 0.50 2,070.00 0.35 1,449.00 5,796.00 Install Plywood shear wall 4140 SF 4.50 18,630.00 4.50 18,630.00 37,260.00 !Oise 1-LS 1,750.00 1,750.00 1,000.00 1,000.00 - - 2,750.00 - - 45,806.00 SUBTOTAL 111,122.00 78,335.00 6,390.00 23,949.00 Date: 2/22/2006 Page 1 FM: Rough Ohlof Of Magnitude aweSheet W W1Y1a1 it ITEM # 7.4 Holdown System Demo Wall Install holdown Patch wall ITEM X7.5 DESCRIPTION Rear Access Stairs Demo Stairs Install new stairs ITEM # 7.6 GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Structural # 2 QTY 30 30 30 1 1 UNIT EA EA EA EA EA UNIT LABOR COST 30.00 30.00 50.00 1,040.00 TOTAL LABOR COST 900.00 900.00 1,500.00 1,040.00 Estimator. Mark F Date: 16-Feb-06 UNIT MTRL COST 10.00 10.00 TOTAL -- MTRL COST 300.00 300.00 UNIT EQUIP COST 150.00 TOTAL EQUIP COST 150.00 -UNIT SUB COST 3,000,00 TOTAL SUB COST TOTAL LINE COST 3,000.00 900.00 1,200.00 1,800.00 3,900.00 1,190.00 3,000.00 4,190.00 Repair Stucco Demo Stucco (see Hazard Mat) Patch Stucco ITEM #7.7 Termite Damage (see Termite) 4,680 4,680 SF SF 3.00 9.00 14,040.00 42,120,00 14,040.00 42,120.00 56.160.00 SUBTOTAL 4,340.00 600.00 150.00 59,160.00 64,250.00 Date: 2/21/20( Page 2 File: Rough Order Of Mrgr.lt000 Catenate Shoot Sp1K1{ROI tit GENERAL CONSTRUCTION isTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Mechanical & Plumbing # 1 Estimator: Mark F CORPIER1E9NE Building oeoup Date: 16-Feb-06 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL DESCRIPTION LABOR LABOR MTRL MTRL EQUIP EQUIP SUB SUB LINE QTY UNIT COST COST COST COST COST COST COST COST COST ITEM # 1 Replace - Black Iron Gas Pipe- Demolition - - Install New 85 LF 5.00 425.00 4.00 340.00 765.00 Pipe 85 LF 56.50 4,802.50 10.00 850.00 7.00 595.00 - (includes welder and helper) ITEM # 2- - . 6,247.50 7,012.50 Replace _ - Water Haeter Demolition - - - New Enclosure 1 LS 800.00 800.00 - _ 800.00 Water Heater 1 LS 1,200.00 1,200.00 400.00 400.00 - 1,800.00 (30 gal elec) 1 LS 500.00 500.00 500.00 500.00 - - ITEM # 3- - 1,000.00 3,400.00 ADA Restrooms - -- Demolition - Toilets 4 EA 100.00 400.00 400.00 (includes floor) Sinks 2 EA 301.90 603.80 533.36 1,066.72 1,670.52 Vanities 2 EA 350.00 700.00 410.52 821.04 1,521.04 Partitions 2 EA 200.00 400.00 323.25 646.50 - 1,046.50 Toilet 2 EA 228.60 457.20 630.33 1,260.66 1,717.86 Accessories 1 LS 100.00 100.00 250.00 250.00 - - 350.00 ITEM # - - 6,705.92 4 Install - - Floor Drafhs Demolition - - Install Floor 2 EA 400.00 800.00 75.00 150.00 950.00 Drains Repair Floor 2 EA 200.00- 400.00 50.00 100.00 500.00 Finish 2 EA 400.00 800.00 100.00 200.00 - 1,000.00 ITEM 2,450.00 # 5 Vent - - - at Janitor's Sink Demolition - - New 1 LS 200.00 200.00 - - 200.00 Vent 1 LS 400.00 400.00 100.00 100.00 - - 500.00 ITEM - 700.00 # 8 A/C • -- Condensate -- - Demolition 1 LS 400.00-4 400.00 - 400.00 Install New Condensate 1 LS 400.00 400.00 100.00 100.00 - - 500.00 ITEM* - " 900.00 7 - - - - Replace Ductwork Demolition - - - - - - New 225 LF 3.00 875.00 1.00 225.00' 900.00 Duct 225_ LF 4.00 900.00 5.00 1,125.00 1.00 225.00 - 2,250.00 - - 3,150.00 SUBTOTAL 15,363.50 7,419.92 1,535.00 24,318.42 Date: 2/2112006 Page 1 Fi Rculph Order (Magnitude S 4.1 GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Mechanical & Plumbing # 2 Estimator: Mark F Date: 16-Feb-06 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL DESCRIPTION LABOR LABOR MTRL MTRL EQUIP EQUIP SUB SUB UNE OTY UNIT COST COST COST COST COST COST COST COST COST ITEM # 8 Re -Zoning A/C Re - -Zoning A/C Patching 1 LS 2,500.00 2,500.00 750.00 750.00 at Ceilings 20 EA 150.00 3,000.00 50.00 1,000.00 - 3,250.00 - - _ 4,000.00 7,250.00 ITEM # 9 - . - - Replace Diffusers/Grills - - - Demofition - Install New 10 EA 50.00 500.00 - - - Diffusers/Grills 20 EA 50.00 1,000.00 50.00 1,000.00 _ - 500.00 2,000.00 - - 2,500.00 ITEM # 10 - Air - - Circulation (this item - - - - - will be corrected with #v6,#7,#8,#9,#11) • - - _ - ITEM#11 • - Replace A/C - _ - Unit Demolition - - on 10 Ton 1 EA 2,400.00 2,400.00 1,000.00 1,000.00 A/C Unit 1 EA 4,000.00 4,000.00 7,000.00 7,000.00 1,000.00 1,000.00 - 3,400.00 12,000.00 - - - 15,400.00 ITEM#12 _ - - Demolish Wall _ - - - Heater Demolish - - - Wall Heater (cap off) 1 EA 75.00 75.00 - - - - - 75.00 75.00 ITEM#13 - Title - - 24 Upgrades Title - 24Upgrades 1 EA 5,009.00 5,000.00 2,500.00 2,500.00- _ 7,500.00 . 7,500.00 ITEM _ - - - it Roof _ _ - - Ladder Install - Roof Ladder 1 EA 400.00 400.00 1,000.00 1,000.00 250.00 250.00 1,650.00 - - _ - 1,650.00 - - - ITEM # 15 Not - - - Appicable - - SUBTOTAL 18,875.00 ' 13,250.00 2,250.00 34,375.00 - Date: 2121120f' Page 2, File: Rough Order OfMapNhxle Estimate StbacP , 1 GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Elecrtcal Estimator. Mark F Date: 16-Feb-06 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL DESCRIPTION LABOR LABOR MTRL MTRL EQUIP EQUIP SUB SUB TOTAL CITY UNIT COST COST COST COST COST COST COST COST UNE COST RECCOMENDATIONS Install Ground Rod - Raise Service Drop 250.00 - 250.00 Update Switchboard 1 LS 2,500.00 2,500.00 250.00 Directory Install S/Board Bklank 1 LS 50.00 50.00 2,500.00 Offs Demo Shrubs/Main 1 LS 100.00.. 100.00 50.00 Switchboard Cover Unused Knockouts 1 LS 100.00 100.00 100.00 100.00 Remove Remote Meter 1 LS - - 100.00 100.00 Can Support Conduit 1 LS - - - 200.00 200.00 100.00 to Booth Relocate Stage Dimmer Panel 1 LS - _ - 500.00 500.00 200.00 1 LS ' 1,000.00 1,000.00 500.00 Short Circuit Study 1 - - 750.00 750.00 1,000.00 Relocate Panelboard Fasten Transformer 1 LS - - 1,000.00 1,000.00 750.00 Grounding for Transformer 1 LS 250.00 250.00 1,000.00 Replace Missing 1 LS 250.00 250.00 250.00 Conduit Covers Remove X-Mas 1 LS 250.00 250.00 250.00 Lighting R&R Coverplates 1 LS- - 50.00 50.00 250.00 1 LS 250.00 250.00 50.00 Relocate Recepticals @ Counter 1 LS 750.00 750,00 250.00 Replace Flexible Cables @ Stage 1 LS - 7,500.00 7,500.00 750.00 Hard Wire Exhaust Fan Remove Exposed 1 LS - 125.00 125.00 7,500.00 Cable @Lights Install Recepticals 1 LS 2,000.00- 2,000.00 125.00 @Power Strips Install Exterior 1 LS 750.00 750.00 2,000.00 GFCI Recepticals Install Emergeny 1 - 500.00 750.00 Exterior Lighting Install Low 1•00 - 1' 1'500'00 500.00 1.500.00 Level Exit Signs Replace Non 1 LS '� 1,500.00 1,500.00 1,500.00 -working Exit Signs Replace Exterior 1 LS 2,500.00 2,500.00 Photocell2,500.00 Install Wire 1 LS - 250.00 250.00 Guards on Lights Install 1 LS . 500.00 500.00 250.00 Egress Lighting Seal All Wall Penetrations 1 LS 1,500.00 1,500.00 1,500.00 1 LS - - 500.00 500.00 500.00 Fire Alarm System 1 LS - - - 40,000.00 40 000.00 40,000.00 SUBTOTAL • - - 67,225.00 67,475.00 Date: 2121(2006 Page 1 Re: RoughWer Of MagaitudeadinatiShootieliekical GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Fire Sprinkler Estimator: Bayani Abueg Date: 17-Feb-06 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL DESCRIPTION LABOR LABOR MTRL MTRL EQUIP EQUIP SUB SUB LINE QTY UNIT COST COST COST COST COST COST COST COST COST Fire Sprinkler System 5,200 SF 5.00 26,000.00 5.00 26,000.00 1.00 ' 5,200.00 Underground 57,200.00 Fire Service 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 - 10,000.00 Connect fire serve at E. Plaza Blvd 1 LS 2,000.00 2,000.00 2,000.00 2,000.00 - - 4,000.00 SUBTOTAL 7,000.00 7,000.00 - 71,200.00 Date: 2/21/20i. Page 1 Ric Rough Older Or MagniludrEMinM ie Fire Spridder GENERAL CONS1LCTION ESTIMATE SHEET PROJECT: Playhose on Plaza SECTION; Hazardous Materials Estimator: Bayani Abuag Date: 1 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT DESCRIPTION LABOR LABOR MTRL MTRL EQUIP EQUIP SUB TOTAL TOTAL QTY UNIT COST COST COST - COST COST COST COST SUB LINE COST COST ITEM *1 Remove Acoustic Ceiling Install Acouutc Ceiling 1,000 SF 11.00 ' 1,000 SF 1.10 1,100.00 2.00 2,000.00 -- 11,OIi0.00 11 - - - 100.00 3,100.00 Stucco Demolition (for others) - 14,100.00 Stucco Replacement 0 SF 3.00 0 SF _ B.DO - - - Floor Demolition (for others) - Floor Replacement 1000 SF - - 5.00 5,000.00 5,000.00 1000 SF - - 4.00 4,000.00 - 4,000.00 9,000.00 • SUBTOTAL 1,100.00 2,000.00 - 20,000.00 23,100.00 Date: D06 1 Fe,: Rough Order Or magma*, l m8t0 Sheet Haan .4ateriitls GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Termite # 1 Estimator Mark F Date: CC) RN MRSI2r1Oop 6-Feb-06 UNIT TOTAL UNIT 1 TOTAL UNIT TOTAL UNIT LABOR LABOR MTRL MTRL TOTAL TOTAL DESCRIPTION QUANT UNIT COST COST COST COST EQUIP COST EQUIP COST SUB COST SUS COST LINE COST item 2A Demolition - - Replacement 11 EA 260.00 2,860.00 - - 11 EA 260.00 2,860.00 150.00 1,650.00 - - 2,860.00 Item 28 - - - - 4,510.00 Demolition - - . - 7,370.00 Replacement 10 EA 260.00 2,600.00 - - - - 10 EA 260.00 2,600.00 150.00 1,500.00 - - 2,600.00 Item 3A - - - - 4,100.00 Demolition - - - 8,700.00 Replacement 4 EA 195.00 780.00 _ - - - 4 EA 260.00 1,040.00 750.00 3,000.00 - - 780.00 1 Item 4A - - - 4,040.00 (This item is addressed . - -- - 4,820.00 by hazardous materials - - consultant) - - - .. - - - fumigation - - - - 1 LS - - 1 - 3,528.00 3,528.00 - - - - 3,528.00 - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - • - - - - - - - . - - - - - - - - - - - _ SUBTOTAL 12,740.00 6,150.00 - 3,528.00 22,418.00 Date: ; e stucco repair me stucco repair w doors/frames Fite: Rapti oickiieoutimoittiriaa:ttAis..u. DUE DILIGENCE REPORT FOR PLAYHOUSE ON PLAZA IN NATIONAL CITY PREPARED FOR: CORNERSTONE BUILDING GROUP 3590 Kenner Boulevard San Diego, CA 92101 PREPARED BY: FLORES LUND CONSULTANTS 7220 TRADE STREET, SUITE 120 SAN DIEGO, CALIFORNIA 92121 (858) 566-0626 FAX: (858) 566-0627 DATE: February 14, 2006 PROJECT NO.: 06019 / Playhouse on P1a7a in National City Due Diligence Report TABLE OF CONTENTS SECTION SUBJECT PAGE 1. FOREWORD 2 2. EXECUTIVE SUMMARY 3 3 PREFACE 4 5. 6. 7. 8. 4 RESOURCE DOCUMENTS g EXISTING STRUCTURAL CONDITIONS 6-7 LIFE SAFETY CODE CONSIDERATIONS 8 EVALUATION AND RECOMMENDATIONS 9-10 LIMITATIONS AND UNIFORMITY OF CONDITIONS 11 PHOTOGRAPHS 12-14 Playhouse on Plaza in National City Due Diligence Report SECTION 1 - FOREWORD This report was prepared to evaluate the overall condition of the existing building. A review, evaluation and assessment of this nature does not result in a single scientific answer. Rather, the findings and recommendations are based on visual observation, experience and judgment without the benefit of an in-depth structural analysis. As a result, other structural engineers may reach different assessments and recommendations. This report was prepared by Raymond H. Flores, a practicing Structural Engineer of Flores Lund Consultants whose career started in the mid 1960's. Mr. Flores has performed earthquake hazard study services for the G.S.A., United States Navy, UCSD, San Diego City Schools, San Diego State University, Children's Hospital, and various private entities. Many of the studies have progressed to commissions for construction drawings and aiding with construction support services. 2 r.� Playhouse on Plaza in National City Due Diligence Report SECTION 2 - EXECUTIVE SUMMARY The purpose of this report was to review the existing building condition in order to identify the basic structural condition of the existing building and to identify any limitations for future alterations to the building. In order to accomplish this task, we performed two limited site reviews and reviewed the available construction drawings for the existing building. The existing construction was evaluated and compared to modern current construction standards and design criteria. In general it is our opinion that the buildings are in good structural conditions. The following is a summary of our review comments and recommendations for the mitigation of our concerns: 1. The most obvious issue is the existing truss repair condition. We have assessed the repair to be incomplete since it is not continuous within itself and does not contain over distressed portions of the truss. This is the prime issue to be repaired. 2. In general, the original building contains either deficient or undersized roof diaphragms and shear wall systems. Particularly, given the fact that the local seismic zone has increased after these buildings were designed. We have provided several recommendations from adding new diaphragms and shear walls. 3. The rear access stairs are compromised due to corrosion and should be replaced in the near future. 4. There are two front and rear large vertical stucco separations cracks which allow moisture intrusion and should be repaired in a timely manner as normal maintenance repair work. Careful attention should be given to the introduction of the expansion joint and the water proofing detailing. 5. The building contains several random locations where termite damage occurs. A termite specialist should be consulted in order to provide their recommendations. Since this building is of wood framed construction therefore there is a great deal of flexibility for modifying the structure to accommodate different architectural alterations. 3 ,/ Playhouse on Plaza in National City Due Diligence Report SECTION 3- PREFACE The purpose of this report was to review the existing building condition in order to identify the basic structural condition of the existing building and to provide recommendations to any structural concerns. In order to accomplish our charge we performed the following: 3.1 We performed two separate non-destructive site reviews. Each review focused on identifying any structural distress. 3.2 Once we received the as -built drawings, we were able to compare our site photographs with the as -built drawing to identify for any major deviations. 3.3 Once we received the as -built drawings, we reviewed and evaluated the existing construction drawings. Our evaluation was based on comparing the construction to conventional modern construction. 4 / Playhouse on Plaza in National City Due Diligence Report SECTION 4 - RESOURCE DOCUMENTS December 1977 Architectural As -Built Drawing Dick Kidwell Lamb's Players Remodel -Addition Sheets 1 to 5 Exterior Improvements include adding front trellis and fountain, "E" Avenue Exit stair, adding ceiling catwalk and interior tenant improvements. December 1979 Mike Balich Lamb's Players Alterations Sheets 1 to 4 Alterations to south end theater seating, adding of Roof Glue Lam Beam Support, add rear exit stair and extending ceiling catwalk. Other Drawings Mechanical Plan 5 1� Playhouse on Plaza in National City Due Diligence Report SECTION 5 - EXISTING STRUCTURAL CONDITIONS 5.1 GENERAL 5.1.1 We performed two limited site reviews one to initially understanding the project, then, two for the purposes of identifying any significant structural deficiencies. 5.1.2 We did not verify the location of each and every bearing wall or shear wall. 5.1.3 We did not verify any dimensions. 5.1.4 This section of the report does not distinguish between the possibility of two phases of construction. While we were given drawings of the building, these drawings were additions and modifications to the existing building and were not the original construction drawings. 5.2 ROOF FRAMING 5.2.1 We reviewed major portions of the roof from the interior and exterior. It is obvious that the major roof supports, one being a glulam beam on the west side and the other being a repaired truss, that major repairs and/or modifications were performed to these members. 5.2.2 We reviewed major portions of the roof from the interior and exterior and did not observe any significant structural distress to the roof system except for the repaired truss. 5.2.3 We reviewed major portions of the roof framing from the interior and exterior and did not observe any significant structural distress except at the repaired truss. The repairs to this truss have not encompassed all of the portions of the distresses to the truss and the steel plates, in our judgment, should be continuous not discontinuous. Additionally, the roof line at the repaired truss contains an obvious slope toward the truss indicating that the truss was not jacked up to its original location prior to repair. 5.3 FLOOR FRAMING 5.3.1 The building contains a portion in rear which is framed over what could have been a partial crawl space and is now an inhabitable portion. We reviewed the floor for distress and no significant structural distress was observed. 5.4 INTERIOR WALLS 5.4.1 We reviewed a minimum number of interior walls for distress. No significant structural distress was observed. 6 /� Playhouse on Plaza in National City Due Diligence Report SECTION 5 - EXISTING STRUCTURAL CONDITIONS (CONT.) 5.4.2 Portions of the walls contain damage due to termites. 5.5 EXTERIOR WALLS 5.5.1 We reviewed the exterior of the buildings for distress. No significant structural distress was observed. 5.5.2 On both the front and rear walls at the interface between the theater and lobby portion of the building a large, basically vertical, crack separation occurs. We have assessed this to be between the original building and the lobby addition and it dos not compromise the structural integrity of the building. 5.5.3 Portions of the wall contain damage due to termites. 5.6 SLAB-ON-GRADE/FOUNDATION SYSTEM 5.6.1 The scope of this report does not include a subsurface investigation. Therefore, we were unable to verify the depth and/or thicknesses of the slab -on -€grade and foundation system. 5.6.2 A significant portion of the slab -on -grade contains floor covering therefore, we could only observe portions of the slab -on -grade for major distresses. We did not identify any major distress. 5.6.3 If significant differential settlement occurs, then, the exterior and interior walls will normally indicates signs of distress. In our review of the wall system, we did not observe any major distresses which could solely be attributed to foundation differential settlement. 5.7 REAR ACCESS STAIRS 5.7.1 The rear access stairs contain damage to the underside of the concrete landing and treads due to rebar and steel corrosion. 7 Playhouse on Plaza in National City Due Diligence Report SECTION 6 - LIFE SAFETY CODE CONSIDERATIONS 6.1 There are four basic seismic code categories in California which address Life Safety Considerations. They are as follows: A. The California State Historic Code. B. Uniform Code for Building Conservation (UCBC), Applied Technology Council Publication 14 (ATC-14) and FEMA 178-NEHRP Handbook for the Seismic Evaluation of Existing Buildings. C. Uniform Building Code (U.B.C.). D. The State of California Title's for schools and hospitals. The difference between these codes is the degree of seismic risk (safety) and thus damage due to earthquakes. 6.2 Code categories A and B represent those codes which evaluate existing buildings for minimum Life Safety Considerations. These codes provide criteria for identifying a minimum level of safety or performance for existing buildings. The FEMA document replaced ATC-14 and the UCBC Appendix Chapter 1 was written for un-reinforced masonry buildings. 6.3 The traditional codes which apply to the design of new facilities are represented by items C and D. 6.4 The criteria used for the evaluation of these existing buildings was the applicable sections of the Uniform Building Code which apply to standard occupancy buildings. 6.5 The risks to life -safety are generally described as a breaking off of parts of the buildings, such as parapets or exterior walls, or partial or total collapse of the major structural components. A common life -safety threat is walls that fall away which usually are of either un-reinforced or under -reinforced concrete or tilt -up panels with inadequate or nonexistent anchorage to the roof or floor structure. 8 Playhouse on Plaza in National City Due Diligence Report SECTION 7 - EVALUATION AND RECOMMENDATIONS STRUCTURAL CONCERNS RECOMMENDATIONS 7.1 Roof Truss Repair — Steel Plates have been added to the top chord of the truss on the sloped portion adjacent to "E" Avenue. We have two concerns over the repair: 1. The truss clearly shows signs of distress beyond the repair. 2. The steel plates are not continuous and may relay on compromised sections of the remaining truss. 7.2 Diagonal Roof Sheathing — Modern construction does not employ diagonal sheathing for the roof diaphragms because they are expensive and because they have a very low value as a seismic diaphragm. Option 1— The truss can be replaced with a glue lam beam similar to the roof support to the immediate south. Option 2 — The roof truss can be re -repaired by providing continuity of the steel plates and continue the repair to mitigate •the distress portions of the truss. Option 1— The entire roof can be sheathed with plywood and nailed in a pattern based on the seismic stresses. Option 2 — Option 1 can be value engineered by only providing plywood sheathing where the diagonal sheathing reaches its stress limit. As a result, the plywood sheathing would be added adjacent to the shear walls over 20-30 feet from the shear walls. Option 3 — A special structural analysis may be performed on the diaphragm since historically buildings have not shown a history of collapse solely due to diagonal sheathing. Further, refer to Note 2 below, this provides for the further possibility that this system may qualify. In order to perform the special analysis the actual size of the diagonal sheathing and nailing pattern would have to be obtained through destructive testing. The results of this special analysis may or may not eliminate the recommendation for added plywood roof sheathing. It would, however, minimize the amount of added plywood sheathing. 9 Playhouse on Plaza in National City Due Diligence Report 7.3 Shear Wall System — No apparent shear wall system was observed. Add plywood shear walls to the exterior walls and the common wall between the theater and lobby portion of the building based on a current design standard (the plywood can be added to interior or exterior of studs). 7.4 Iloldown System - The scope of this report did not include distinctive investigation to the degree that holdowns could be investigated. Based on the age of this facility and the lack of obvious shear walls we have assessed that holdowns if present may not be adequate. Holdowns can be provided based on the shear wall analysis. 7.5 Rear Access Stairs — The rear access stairs contain a significant amount of corrosion to both the reinforcing and the steel members. The stairs should be removed and replaced. 7.6 Front and Rear Vertical Separation Wall Cracks Repair stucco; check for dry rot and repair should include an expansion joint. 7.7 Termite Damage — We observed termite damage throughout the facility. A termite specialist should be consulted in order to provide their recommendations. 10 Playhouse on Plaza in National City Due Diligence Report SECTION 8 - LIMITATIONS AND UNIFORMITY OF CONDITIONS 8.1 The site visual observations noted in this report are limited to those areas which were accessible. 8.2 The opinions expressed are based on a comparison of the construction to acceptable conventional construction and are given without the benefit of final structural calculations or a post -construction soils investigation report. 8.3 The opinions expressed are valid as of the present date. However, changes in the conditions of property can occur with the passage of time, whether they be due to natural processes or the works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur, whether they result from legislation or the broadening of knowledge. Accordingly, the opinions of this report may be invalidated wholly or partially by changes outside our control. Therefore, this report is subject to review and should not be relied upon after a period of three (3) years. Rear of Building Side of Building Northwest Corner of Building Front Trellis Roar Stair Addition Transition Distress al Roar of Building Addition Transition Distress at Front of Building 2006 01 G5 lluiiding Crawl Space Roof Truss Damage Repair ALEH1 'dc ALEHI, NNC;'_ February 7, 2006 Mr. Bayani Abueg Cornerstone Building Group 3590 K.ettner Boulevard San Diego, CA 92101 RE: Due Diligence Report Project: National Ciity Playhouse Dear Mr. Abueg: An onsite investigation was carried out in January 2006 to evaluate the condition of the air- conditioning and plumbing equipment and systems at the National City Playhouse. The following priorities were made when making observations: • Identify Conditions having Health & Safety Implications. • Review Installations for Compliance With Current Building Codes • Evaluate Future Usable Life of Equipment and Scheduling Replacements Almost without exception, the mechanical and plumbing equipment and distribution systems throughout the Playhouse have exceeded its expected and useful life. Most of the equipment cannot simply be repaired and replaced with new equipment. In many cases, the installation doesn't meet current building codes. The code or administrative authority for this project is the City of National City. Usually work of this magnitude will trigger a number of new code provisions to cover the equipment, ducts, and pipes and their installation. These codes include: California OSHA, California Mechanical Code, California Plumbing Code, and Title 24 (the California. State Energy Code.) Other codes, like the federal Americans with Disabilities Act, cannot be andfathered in and apply whether improvements are carried out in the building or not. 1. Black iron natural gas piping is exposed on the roof. The pipe is showing signs of considerable corrosion. Eventually pipe corrosion could enable the natural gas to leak out. If this should ever occur, there would be a possible fire hazard. It is recommended that the natural gas piping on the roof be replaced.(Please refer to Picture 1) 2. The enclosure for the water heater does not have an access door. The vent terminal on the roof is closer than 3'-0" to a door or window opening into the building. The location of the vent is in violation of the building code as is the lack of an access door to the water heater. It is recommended that the water heater be relocated to an interior space for better maintenance and longevity of the water heater. The current water heater is past its economic life and should be replaced (Please refer to Picture 2, 3, 4). 3. While primarily an architectural concern, the sinks, toilets and urinals in bathrooms and their layout do not comply with the Americans with Disabilities Act (ADA) or the California Plumbing Code. Non-compliance with the exact requirements of the ADA leaves the owners of the building open to litigation from handicapped users of the building, which in this case would be any theater patron. Ensuring compliance with ADA regulations is an immediate priority. For example, the faucets do not comply with ADA because they arc difficult to operate and are not self -closing. The current drinking fountain does not have an accessible component for patrons in wheelchairs. Both of the toilets are too low to the ground. (Please refer to Picture 5, 6, 7, 8, 9, and 10). 4. By the California Plumbing Code, the restrooms require floor drains. None are currently installed. This requirement is triggered by having two or more fixtures in the bathroom. 5. The janitor's sink had a vent that terminated under the stairs near an inoperative window. Code mandates that this vent be carried up through the roof. In addition, when the new vent is run it must be 3'-0" above the roof. Also, the vent cannot terminate closer than 10-'0" to any outside air intake to a rooftop air conditioning unit, window, door, or other opening to the inside of the building. (Please refer to Picture 11, 12). 6. The building is primarily served for ventilation and air-conditioning by rooftop package units. The cooling coils on these units on the roof cause moisture to he condensed as the return air from the building is cooled. Currently the piping to carry this water away does not have a trap. The condensate piping is now connected to the roof scuppers. Whenever cooling is taking place, water will run off the roof in the channel intended for stone water. The rooftop units need to have traps provided for their condensate piping and the runoff carried to the sewer system in accordance with the California Plumbing Code. Also, the condensate piping needs to be sloped down in the direction of flow(Please refer to Picture 13) 7. Galvanized steel ducts carry the cooled ventilation air from the rooftop package units into the building. These exposed ducts are badly corroded and leak valuable cooled air into the outside environment. These ducts need to be replaced with new galvanized steel ducts. Field observations of exposed and some of the hidden ductwork showed that even in the building the ductwork needs to be replaced. (Please refer to Picture 14, 15, 16). 8. A major replacement of ductwork in the building will allow the existing system to be rezoned. Air-conditioning engineers design the air-conditioning building with a number of thermal zones. Rooms with an outside wall on the south side of the building should be in thermal zones with similar rooms because they all need maximum cooling at the same time. Interior rooms should be grouped with rooms have similar schedules, uses, and occupancies. The current air-conditioning zoning could be considerable improved. This advanced type of redesign can cost effectively be done together with the wholesale replacement of the air-conditioning ductwork. O. Diffusers are the metal plates where air blows out of the ceiling into each room. Grilles are the metal plates where the hot, stale air from the room is taken out to be conveyed to the rooftop package units to be cooled and filtered. The diffusers and grilles in the Playhouse are in poor condition. Also, they are poorly located and replacement by new diffusers of a modern design would improve comfort and indoor air quality by improving air circulation(Please refer to Picture 17,18,19,20) 10. The air circulation in the theater room itself was inadequate to provide comfort or health. The amount of ventilation and cooling air to the Theater itself was about 20% of the code mandated minimums. Most of the playgoers currently will not be able to feel proper air motion and will feel that the air is stuffy and stagnant when attending plays. 11. The rooftop package units are past their economic life. Most commercial equipment has an economic life of 15-20 years. These units seemed to be older than that and had not been scrupulously maintained. Rooftop units in this condition have high operating costs due to inefficient operation. They should be replaced. The replacement will be subject to Title 24, the State of California Energy Code. This will mandate that much higher efficiency units be installed. Several of the rooftop units do not allow outside air to be drawn into the ductwork. Two of the requirements for the replacement units include the addition of outside air economizers, and powered exhausts (Please refer to Picture 21, 22 & 14, 15, 16). 12. The building also had at least one exposed direct fired wall furnace. Because of its age, it would usually require replacement. However, because the potential that these units have to put carbon monoxide into the space, the recommendation is that it be removed and not replaced with the same type of unit.(Please refer to Picture 23). 2 � 13. If the proposed remodel is significant enough, Title 24's current provisions will become mandatory. Since October 2005, high occupancy spaces like theaters have been mandated to have wall mounted carbon dioxide sensors. This will regulate the flow of outside air to the theater to match the number of people in the space. During performances, outside air will be at a maximum. During rehearsals, with fewer occupants, the outside air can be minimized. 14. Also, by code, roof mounted equipment that needs periodic maintenance needs to be accessed by ladder or stairway to the roof. 15. Most of the sewer, hot and cold water piping were inaccessible to inspection. Any major upgrade or renovation to the mechanical and plumbing systems should verify their condition and what repairs are needed. I have attached copies of some of the pictures taken during the field investigations. Sincerely, j/Latham LL Shahram "Sal" Salchi. P13 President Attachments Playhouse on Plaza National City, California Electrical Systems Condition Report February 7, 2006 Prepared by: Stephen J. Kurtzman, P.E. Turpin & Rattan Engineering, Inc. 4719 Palm Avenue La Mesa, California 91941-5221 (619) 466-6224 Building Electrical Power Distribution The 120/240 volt, single phase, 3 wire, 400 ampere service is provided via an overhead service drop from a pole mounted transformer on the west side of 'E' Avenue. The service mast / weatherhead extends upward from a GTE/Sylvania switchboard on the west side of the playhouse at the southwest corner. The switchboard consists of a top metering section, a 400 ampere main fusible switch and a circuit breaker distribution panel with a 200 ampere main circuit breaker. The switchboard feeds panelboards inside the playhouse as well as the rooftop air conditioning units. Observations/Comments • There is no visible sign of any grounding of the electrical service to a ground rod, cold water pipe or UFER (rebar) ground. • The service drop/weatherhead is too close (within 3 feet) to a door and operable window. • The main switchboard circuit directory appears to be out of date. • The main switchboard working space is inadequate and is blocked by shrubs. • Unused knockouts have not been covered in the switchboard distribution section. • An unused remote meter can is still piped to the switchboard and has inadequate working space. It should be removed. • The vertical portion of the feeder conduit from the switchboard to the booth panelboard is not supported anywhere. Bends in the same conduit in the booth area appear to be made without the proper tools. Two hole straps used to support this conduit have been secured to the framing with conduit nailers rather than nails or screws. • The stage dimmer panelboard and patch panels are installed without the required 6'-6" minimum headroom. • The switchboard and panelboards may not have adequate interrupting capacity for the available fault current from the utility. • The panelboard installed inside the playhouse directly behind the service is installed too high. • A transformer at the booth panel is not secured to the structure and is not grounded to a grounding electrode. • Many branch circuit conduits are installed without proper support. • Some individual enclosed circuit'breakers are not labeled with the load served. • Many junction boxes are installed without proper support. • Unused knockouts have not been capped in some junction boxes. • Some conduit bodies have covers missing. • A few receptacles are missing coverplates, have the wrong size cover, or the coverplates are damaged. • Type 'SO' cable has been used for permanent wiring to the stage ventilation fan and is routed through a wall. • Flexible (Type 'S' and 'SO') cables have been used for fixed (i.e. permanent) wiring to stage lighting. • Stage lighting cables are improperly installed at the patch panel, with outer protective jacket removed and no strain relief's installed at panel opening. • Romex 0 type cable has been run exposed on ceiling to light fixtures. • Many temporary power strips have been fastened in place and used for permanent wiring. • Some exterior receptacles are not marked as being protected by an upstream GFCI receptacle or circuit breaker. Some have loose or missing covers. • Appliance cords plugged into counter height receptacles are being damaged by furniture and as such are a fire hazard. Lighting Interior lighting is provided by surface mounted fluorescent fixtures, surface mounted incandescent decorative fixtures and track lighting, as well as numerous bare bulb lampholders. Emergency egress lighting is provided by 2 head battery operated wallpacks. Exit signage has been provided, and includes battery backup. Exterior lighting consists of decorative incandescent wall mounted fixtures at entrances and PAR lamp floodlights. Some floodlights have integral photocell control. High pressure sodium yard lights and photocells are installed at the southwest corner of the building and at the building rear. Observations/Comments • High temperature lead wires on stage lighting may be asbestos cloth. • Some exit sign battery backup circuits are not operational. • Surface mounted fluorescent fixtures have been installed, wired with "zip" cord and/or extension cords connected to illegal taps at bare bulb lampholders. • No emergency lighting has been provided on building exterior paths to the public way. • Lenses of fluorescent lighting fixtures have severe yellowing. • Wire guards are missing from bare bulb fixtures subject to physical damage. • Christmas style decorative lighting has been abandoned in place at the front entrance. • The yard light photocell does not appear to be operating properly. The light at the service entrance switchboard remains on during the daytime. • Egress lighting is inadequate in the performance area. • No low level exit signs are installed in the building. Telephone/Data Telephone service is provided by two overhead drops from a pole at the northwest corner of the property. The drops terminate at a telephone backboard at the west end of the building, at two MPOE terminal blocks. It appears that 8 incoming lines are available. A "TEL PLUS" telephone switch is installed at the telephone backboard. Observations/Comments • Many telephone cables and remote terminal blocks have been abandoned in place. Fire Alarm / Security Security is provided by motion detectors connected to an ITI security panel (now GE Security Systems). A Building Code mandated fire alarm system is not installed. Observations/Comments • The security panel was locked. The model number could not be obtained and battery backup could not be confirmed. �=/tom_ �-�r�-r•-� Recommendations 1. Verify that a cold water piping ground is missing by opening switchboard and tracing wiring. If missing, add a properly sized grounding electrode conductor connection to the cold water service piping within 5 feet of entrance to building. 2. Relocate service weatherhead such that proper clearance is obtained from windows and doors. 3. Update switchboard, panelboard and unit mounted circuit breaker circuit directories. 4. Install blank -offs in unused switchboard circuit breaker spaces. 5. Clear shrubbery at service switchboard to obtain 36 inch working space and to permit door swing to 90 degrees. 6. Remove old metering at service switchboard. 7. Add proper supports for feeder conduits above switchboard. 8. Add proper supports for branch circuit conduits and junction boxes throughout the building. Close unused openings in boxes. 9. Relocate stage and dimmer panels to booth area or other area with proper headroom. 10. Perform short-circuit study to verify switchboard and panelboard short circuit ratings. 11. Relocate panelboard behind switchboard such that no circuit breaker handle is over 6'-6" AFF. 12. Fasten transformer to structure at stage panelboard. 13. Provide grounding electrode for above transformer if required by Electrical Code (existing label missing or covered so transformer configuration could not be determined.) 14. Replace missing conduit body covers. 15. Remove abandoned decorative lighting at entrance. 16. Replace broken and missing receptacle coverplates (building interior and exterior). 17. Raise or lower receptacles installed at counter level where cords are being damaged by furniture. 18. Replace flexible cables to stage lighting with permanent conduit and wire to fixed outlets located above stage. 19. Replace flexible cable at stage area exhaust fan with permanent wiring. 20. Remove exposed Romex and "zip cord" cables at lighting fixtures and replace with surface raceway. 21. Add permanently installed duplex receptacles where power strips have been used. 22. Replace outdoor receptacle(s) with GFI type or label as being protected if already wired to an upstream GFI receptacle. 23. Provide emergency lighting outdoors at building exits per Code 24. Provide low level exit signs required in unsprinklered 'A' occupancies. 25. Repair or replace malfunctioning exit signs. (No emergency operation) 26. Repair or replace malfunctioning photocell on yard light. 27. Install wire guards on bare bulb lighting where subject to physical damage, especially below 7 feet. 28. Provide additional emergency lighting to achieve 1 footcandle rninimum along egress paths. 29. Seal all penetrations of fire rated walls/ceilings. Photos: See Appendix for photos. References: 2001 California Building Code 2001 California Fire Code 2004 California Electrical Code Switchboard working space blocked by shrubbery. III Switchboard front panel openings not covered. Abandoned metering at switchboard %1 '`� Service drop in close proximity to door and window. Telephone service drop. �i`2 Telephone service point. Broken receptacle and missing cover. ram. ;•• • • ••• • , • : • . • ; • •• ••••••• •:•••• .• • ••••:•:.••:••••••••.•••••:,....•.......,...•••.••• • Missing conduit body cover — exposed wiring. LIL Panelboard installed too high. No labeling at circuit breakers 0`7 Inadequate conch:it support above doorway Missing conduit support Improper light fixture wiring. Improper light fixture wiring. Lig 11••••••• • ,, ••• ...• . • . • • • • . • • • . Missing coverpiate. Missing coverplate. pwruniFIMIllr Missing coverplate. Yellowed fixture acrylic lens. AA'lAil1,11I 1111.11 Ig11Ammompor. • Yard light. Floodlighting above doorway Decorative lighting, i Abandoned Christmas Lighting Exit lighting Missing lighting fixture globe Missing wire guard at light fixture Telephone backboard and switch Security panel Unused openings not covered Unused openings not covered and inaccessible junction box. C it .,,,.,:_„4"4,...„,...„...„,,.,.„.....,:.,...... .,,, „:„.,.„. ) : ,,,KIV:7*.7,4 '74-',....,',:,.:.• .' .; Portable power strip permanently installed Outer jacket removed from wiring and no strain relief installed. Inadequate working clearance at panelboard (installed horizontally) 1 / Improperly made conduit bend Two -hole strap secured by j-nail Unsupported junction box Cords damaged by furniture 3 FLOp1118 ILUNC3 CONSULTANTS CIVIL SITEWORK 1.0 General Site Description The site is located at 500 East Plaza Boulevard in the City of National City, California. The property is bordered by East Plaza Boulevard to the north, E Avenue to the west and residential housing to the south and east. The existing building was last remodeled in 1979. The building is currently unoccupied and will be remodeled again to serve as an operational theatre. Northwest Corner of the Building Southwest Corner of the Building Page 1 of 7 ti South Side of the Building The northern frontage of the playhouse building slopes to the east and includes a concrete patio area, landscaped area and a sidewalk. The western frontage slopes to the south and has a stairway, some landscaping and a sidewalk. The east and south sides of the property are paved for parking. The west portion of the parking lot slopes from the street upwards to meet the east parking lot. View of the Patio Area Looking West Page 2 of "7 PLC View of Onsite Parking East Side of Building View of Onsite Parking South Side of Building Existing Utility Services The existing site "wet utilities" include water and sewer; there are no storm drain lines located on either E Avenue or East Plaza Boulevard, From record drawing Page 3 of 7 FLm information, there are six sewer laterals on the north edge of the site and water service at the east side of the building. The utility connections to the mains for the water and sewer are in East Plaza Boulevard. It is not known how many of the six sewer laterals actually serve the property. 2.0 Grading and Drainage 2.1 Grading The existing site grading was performed for the original site layout. Minor grading at the northeast comer of the building may need to be implemented for ADA accessible reasons, and additional grading may be required if future improvements are implemented. 2.2 Drainage Since no maintenance information was available for the building, drainage information is based on visual inspection of the facilities. The parking area south of the building will need to be slurry sealed in order to protect the pavement from runoff. General Condition of the South Parking Lot Pavement 2.3 Walls There are no existing retaining walls on the property site. New walls may be required if new parking spaces or site design changes influence the steeper areas. Page 4of7 /_ `7 F Lim 2.4 iacotechncical Report Although a current geoteclmical report is not available, it is recommended that a report be obtained if new grading or improvements are anticipated. 3 A A.D.A.. Site Accessibility 3.1 farnps Three existing ramps provide access to the building. The ramp that provides access to the front of the building from the east parking lot may need to be remodeled to meet current A.D.A. standards or if changes to the east parking area are proposed. Current Ramp from the East Parking Lot 3.2 Path of Travel The architectural site plan may address A.D.A. path of travel. A survey of the existing site is recommended if additional paths of travel are anticipated. In addition, the existing path of travel may need to be surveyed to determine its adequacy in meeting current standards. Page 5 of 7 1111 I1I1I Rqq 1 I 11 F LC Sidewalk West of the Building on E Avenue 4.0 Site Utilities 4.1 Sanitary Sewer There are six sanitary sewer connections to the building according to record drawings. All of them connect to the sanitary sewer main in East Plaza Boulevard. The type and size 'of the existing laterals are not shown on the record drawings but it is assumed that they have adequate capacity for the existing fixtures. Capacity should be reevaluated if additional fixture units are proposed. 4.2 Domestic Water Supply The capacity of the existing water lateral should be evaluated if additional fixture units are contemplated. 4.3 Fire Water Supply There are no record drawings which indicate an existing fire water supply. If a new fire water supply is required with the future improvements, a connection at the main will be required. The fire water service would require a backflow preventcr, fire department connection, and post indicator valve. The connection at East Plaza Boulevard would also require trenching and replacement of asphalt/sidewalk in those areas where trenching occurs. 4.4 Storm Drains Storm drains do not exist for this site. Runoff from the northern portion of the site sheet flows into East Plaza Boulevard and travels westward. The majority of Page 6 of 7 FLU the site, including the parking lots, flows into E Avenue where it is collected by a publicly maintained storm drain system near the intersection of E Avenue and 12131 Street. Roof Drain on the East Side 5.0 Parking 5.1 Shortage Currently, there may not enough spaces of onsite to accommodate the proposed usage adequately. In addition, activities at adjacent properties, such as the apartments to the south or the school to the north, could affect the existing parking lot as those patrons might use this building's spaces. When parking is full at the existing parking lots, both East Plaza Boulevard and E Avenue are utilized assoff-site parking. There is currently room for about 6 parking spaces along 1.2 Street directly in front of the site on the north side and 6 more spaces along E Avenue on the west side. Page 7 of 7 0141FIRIIIII II II 0-co IR & BUILDING SCIENCES, LLC 4883 Ronson Court, Suite S • San Diego, CA 92111 January 30, 2006 Mr. Bayani Abueg Cornerstone Building Group 3590 Kettner Blvd. San Diego, CA 92101 Project: Playhouse on the Plaza, 500 East Plaza Blvd., National City, CA Subject: Preliminary Investigation for Asbestos, Lead -Based Paint and Mold -Containing Materials Mr. Abueg: At your request, Air & Building Sciences, LLC performed a visual and sampling inspection of the: building at the above project location to determine the presence of Asbestos -Containing Materials (ACM), Lead -Based Paint (LBP) and building materials affected by moisture/mold. This inspection was performed on January 19, 2006. Asbestos -Containing Materials A total of eighteen (18) (bulk material samples were collected to determine if asbestos fiber was present. The materials sampled included acoustic ceiling materials, floor and wall tile, floor leveling compound, composite drywall wall, sheet vinyl, mastic, window putt3;, and exterior stucco. The samples were transported under chain -of -custody to JMR Environmental Services, Inc. for analysis using Polarized Light Microscopy. Materials containing 1% or greater of asbestos fiber are as follows: • Floor tile in the lower level • .Acoustic ceiling material in the entry lobby and large room to the south. We are assuming the that acoustic ceiling material in the restrooms is also asbestos - containing, however, we will re -visit the site to sample. • Widow putty • Exterior stucco Phone: (858) 278-8188 • Fax: (858) 278-8202 The interior plaster has less than 1% asbestos fiber and, therefore, is consiidlered to be asbestos -containing construction material in accordance with CAL/OSHA regulations and, if disturbed, a contractor registered with the State of California Carcinogen Unit must perform the work. Lead -Based Paint Samples were collected and analyzed to determine if LBP was present on suspect building materials. These materials consisted of gutter downspouts and window sills/frames. Samples were transported under chain -of -custody to EnviroMatrix Analytical, Inc. for analysis using EPA 6000/7000 Series Method. The analysis indicates the paint on these suspect materials is not considered lead -containing. Moisture/Mo1d Visual inspection of the accessible building materials was performed to determine if the interior finish materials had been affected by moisture and/or mold. Ceiling tiles in the upper level large room and ticket office areas are water stained with possible visible mold growth. These areas are minimal in size and should be addressed in accordance with the:, EPA Guidelines for Mold Remediation in Schools and Commercial Buildings. The source of moisture which has caused the water staining must be determined and secured. Removal of the affected tiles can be performed carefully to allow for inspection in these areas. CONCLUSIONS 1. In accordance with the USEPA, ACM are present within the building. The acoustic_ceilin material is ACM and consideredeasily crumbled by hand pressure when dry). The floor r tile in the lower level is ACM and is non -friable. The winc____Lg_w_21.1.1ty and exteri�co are ACM and are considerednoble^, 2. In accordance with CAL/OSHA, the interior plaster in the lower level is asbestos - containing construction material (ACCM, less than 1% but greater than .1% asbestos fiber). 3. There are no suspect lead -based paints on or in the building. 4. Minor amounts of moisture/mold affected materials are present in the upper level large room. If you have any questions, please contact me at (858) 278-8188. Resctfully, v {y� y akhdeen Air & Building Sciences, LLC RECEIVED FEB 0 4 2006 „C1r;ERS10\E B G RECEIVED FEB U 2 2006 Environmental Services, Inc. Air and Building Sciences, LLC Craig Sobotka 4883 Ronson Court, Suite S San Diego, CA 92111 RIV4 Report of Test 1-858-011906-A January 25, 2006 A bulk sample analysis was performed by JMR Environmental Services, Inc. on January 25, 2006. Eighteen sample(s) submitted and identified by Air and Building Sciences, LLC on January 19, 2006 from Playhouse on Plaza: 500 E. Plaza, National City. Project: The samples described above were analyzed for asbestos content. Results are reported in approximate percent of each type of asbestos present. Results included in this report are representative of the submitted samples only. Procedure: Sample analysis of bulk materials was performed in accordance with EPA/600/R-93/116 Test Method: Method for the determination of Asbestos in Bulk Building Materials. This procedure involves examination of the samples with a petrographic microscope utilizing polarized light, a procedure commonly known as Polarized Light Microscopy (PLM). JMR Environmental Services, Inc. appreciates the opportunity to provide this service. This report shall not be reproduced, except in full, without prior authorization by JMR and shall not be used by the client to claim NVLAP or U.S. Government product endorsement. Sincerely, Jill S. Brodwolf Laboratory Analyst Revised 10/04 Page 1 of 3 Reviewed by, ik/044- Rick De Nisco Laboratory Manager 4560 Alvarado Canyon Rd.. Suite 20, San neao. CA 92120 Inn: 10191 R.SR-72011 Fax (RII R) R R-7PR4 Project: Playhouse on Plaza 500 E. Plaza, National City JMR Lab Number 1-858-011906—A Date Analyzed Ol/25/O6 Type of Total Other Sample Asbestos Percentage Materials Cross Number Sample ID Present by Volume Present Appearance 85790 06-0048-1; 9" x 9" Floor Tile Chrysotile 3% Cellulose <I% 1-lomogenous Lower Level Quartz Fibrous Vinyl Brown 85791 06-0048-2; 9" x 9" Floor Tile Mastic None Detected Cellulose I% Homogenous Lower Level Quartz Fibrous Bitumen Black 85792 06-0048-3; 12" x 12" Wall Tile None Detected Cellulose 50% Layered Lower Level Storage Paint Fibrous Quartz Brown/Brown 85793 06-0048-4; Wall Composite None Detected Cellulose 7% Layered Lower Level SE Room Paint Fibrous Quartz Gry/O1l Wt/Brn/Wt Gypsum 85794 06-0048-5; 12" x 12" Floor Tile None Detected Cellulose <1 % Homogenous Upper Level, SE Room Quartz Fibrous Vinyl Gray 85795 06-0048-6; 12" x 12" Floor Tile None Detected Cellulose 2% Homogenous Mastic Quartz Fibrous Upper Level, SE Room Adhesive Lt fellow 85796 06-0048-7; Leveling Compound None Detected Cellulose 2% Layered Upper Level, SE Room Quartz Fibrous Gypsum Off Wt/Lt Yell Adhesive 85797 06-0048-8; Acoustic Ceiling Material None Detected Cellulose <1`Yo Homogenous Upper Level Ticket Office Quartz Fibrous Gypsum Off -White Synthetic 85798 06-0048-9; Acoustic Ceiling Material Chrysotile ( 10°/u Cellulose HomogenousUpper Level SE Room ` Vermiculite Fibrous (Above 12" x 12" Ceiling Tile) Quartz Lt Brown Gypsum 85799 06-0048-10; 12" x 12" Ceiling Tile Notre Detected Cellulose 60`/n Layered Ilpper Level SE Rnorn Paint Fibrous Quartz W hilcit3rown Pane 2 of 3 Illat\ Environmental Services, Inc. Project: Playhouse on Plaza 500 E. Plaza, National City Sample Number Sample ID JMR Lab Number 1-858-011906-A Date Analyzed 01/25/06 Type of Total Other Asbestos Percentage Materials Present by Volume Present 85800 06-0048-11; Acoustic Ceiling Material Chrysotile Upper Level Entry Lobby 85801 06-0048-12; 12" x 12" Floor Tile Upper Level Storage 85802 06-0048-13; 12"x 12" Floor Tile Mastic Upper Level Storage 85803 06-0048-14; Sheet Vinyl Flooring Layer 1 Upper Level Storage Bathroom 85804 06-0048-15; Sheet Vinyl Flooring Layer 2 Upper 1,evel Storage Bathroom 85805 06-0048-16; Wall Plaster Upper Level Storage None Detected None Detected None Detected None Detected Chrysotile <1 "/o* *<I% Chrysotile found in light yellow layer. All other layers were None Detected. 85806 06-0048-17; Window Putty Lower Level, S. Wall Chrysotile Cellulose Vermiculite Paint Quartz Gypsum Cellulose <I% Quartz Vinyl Cellulose 2% Quartz Bitumen Cellulose Synthetic Quartz Vinyl Cellulose Fiberglas Quartz Vinyl Cellulose Vermiculite Paint Quartz Gypsum Cellulose Paint Quartz Synthetic Gross Appearai t ce Layered Fibrous Olf Wt/Lt 13rn Homogenous Fibrous Lt Brown Homogenous Fibrous Black Layered Fibrous Brn/Lt Gry Layered Fibrous Off Wt/Lt Gry Layered Fibrous Off Wt/Lt Yell/Off Wt Layered Fibrous Wt/Off Wt VMf-1 Environmental Services, Inc. Page 3 of 3 RECEIVED IA(' ^ .7;06 26 January 2006 Air & Building Sciences Attn: Larry Lindeen 4883 Ronson Court, Suite S San Diego, CA 92111 EnviroMatrix Project Name: Playhouse on the Plaza Analytical, Inc. EMA Log #: 0601305 Enclosed are the results of analyses for samples received by the laboratory on 01/19/06 14:33. Samples were analyzed pursuant to client request utilizing EPA or other ELAP approved methodologies. I certify that this data is in compliance both technically and for completeness. n Verdon __ aboratory Director CA ELAP Certification #: 2564 4340 Viewridge Avenue, Suite A • San Diego, California 92123 • (858) 560-7717 • Fax (858) 560-7763 A nnlvfirc.l /'hnrnicfrn 1 ohnrnfnrn Ijtrit Name: Air'B4 Building Sciences ect Name: Playhouse on the Plaza ANALYTICAL REPORT FOR SAMPLES EMA Log #: 0601305 ripple ID # 1~Gutter Downspout #2 Ext. Window Sill cu. Laboratory ID 0601305-01 0601305-02 ults in this report apply to the samples analyzed in accordance with the chain of :document. This analytical report must be reproduced in its entirety. Matrix Date Sampled Date Received Solid 01/19/06 10:30 01/19/06 14:33 Solid 01/19/06 10:30 01/19/06 14:33 EnviroMatrix Analytical, Inc. Page 2 of 5 writ Name: Air & Building Sciences ject Name: Playhouse on the Plaza Total Metals by EPA 6000/7000 Series Methods EMA Log #: 0601305 fAnalyte Reporting Result Limit Units Dilution Batch Prepared Analyzed Method Notes #1 Gutter Downspout (0601305-01) Solid Sampled: 01/19/06 10:30 Received: 01/19/06 14:33 Lead 12900 100 mg/kg 10 6012503 01/25/06 01/26/06 EPA 6010 #2 Ext. 'Window Sill (0601305-02) Solid Sampled: 01/19/06 10:30 Received: 01/19/06 14:33 Lead 946 10.0 mg/kg 1 6012503 01/25/06 01/25/06 EPA 6010 77ie re,ults in this report apply to the samples analyzed in accordance with the chain of co :/ocumenl. This analytical report must he reproduced in its entirety. EnviroMatrix Analytical, Inc. Pane 3 of 5 Merit Name: A & Building Sciences EMA Log #: 0601305 eject Name: Playhouse on the Plaza rAnalyte Batch 6012503 Blank (6012503-BIAK1) Lead LCS (6012503-BS1) Lead Total Metals by EPA 6000/7000 Series Methods - Quality Control LCS Du (6012503-3SD1) Lead Duplicate (6012503 -DU P1) Lead Matrix Spike (6012:CO3-.MSi) Lead Matrix Spike Dup (601::! 503-M'SD1) Result Reporting Limit Units ND 10.0 Spike Source %REC RPD Level Result %REC Limits RPD Limit Prepared & Analyzed: 01/25/06 99.4 10.0 mg/kg 100 • 99 ' 75-125 Prepared & Analyzed: 01/25/06 103 10.0 mg/kg 100 103 75-125 4 20 Source: 0601337-04 Prepared & Analyzed 01/25/06 2.57 10.0 mg/kg 2.10 20 20 Source: 0601337-04 Prepared & Analyzed: 01/25/06 99.1 10.0 mg/kg 94.3 2.10 103 75-125 Source: 0601337-04 Prepared & Analyzed: 01/25/06 101 10.0 mg/kg 94.3 2.10 105 75-125 2 20 !is in this report alply to the scmples analyzed in accordance with the chain of ou ' ocument. 2-Ws anc: oicrl report must be reproduced in its entirety. Notes EnviroMatrix [ 141Analytical, Inc. Page 4 of 5 "Merit Name: Air & Building Sciences eject Name: Playhouse on the Plaza EMA Log IV: O601305 ND NR dry RPD Notes and Definitions Ana. lyte NOT DETECTED at or above the reporting limit Not Reported Sample results reported on a dry weight basis Relative Percent Difference The r,cults in this report apply to the samples analyzed in accordance with the chain of cu document This analytical report must he reproduced in its entirety. Paee 5 of 5, U4/Vr/41.1V1:1 11.L0 CHA 110Viaio* eut mo,No. 500 eenrInvx r11J1 LU1l11CVL t_UUi/Ur yV WOOD DESTROYING PESTS AND ORGANISMS INSPECTION REPORT STREET, env, STATE ZIP East Plaza Boulevard, San Diego CA 91950 KENNEDY PEST CONTROL, INC. 15113 Sterling Court, Escondido, CA 92029 Tel: (800) 420-7378 (780) 233-2090 Fax Finn Registration No. PCt 1932 Ordered Sy: Cornerstone Building Group 35901ptttner Boulevard San Q; o. CA 92101 Attn: ey 619- 784 619-206-2726 Report No. 5735 Property OwneriParty of Interest Cornerstone Bullding Group 3590 Kettner Boulevard San Diego, CA 92101 Attn: Harvey 619-296-5784 619-206-2726 Dab or Inepedion 2/3/2006 Escrow No. No. of Pogo* 7 Report Sent To: Cornerstone Building Group 3590 KetMer Boulevard San Diego, CA 92101 Attn: Harvey 619-296-5704 619-208-2726 COMPLETE REPORT 0 General:' Description: Vacant and furnished two-story commercial building LIMITED REPORT 0 SUPPLEMENTAL REPORT 0 REINSPECTION REPORT ❑ Inspection Tag Posted: Cabinet Other Inspection Tags: None noted .' 4nspeetion has been made to the structure(s) shown on the diagram In accordance with the Structural Pest Control , detached decks and any other structures not an the diagram were not inspected. anean Termites ❑ Drywood Termites ® Fungus/Dryrot ® Other Findings IA F; of above boxes are checked, it indicates that there were visible problems in accessible areas. Read the report for Inspected by Chris Luce License No. OPR 9842 Signature You ere enHlled to oDlaln copies of all reports and completion notices on this properly reported to the Structural Pell Control Board daring the proceeding Iwo years. To obtain copies contact Structural'. Pest e NOTE: Questions or problems concerning Ihs above report should be directed In the manager of the company. Unresolved questions or problems with services performed may be directed to 43M-01 If Oal Control Board, 1410 HIT. Ave., SIB. 10, Serramentu, Calilomie 95825- 204, 1Noi) Bost Control beard at (916) 561-0708, or 18801 737-0t 0B or w .pestboard.ragnv- —: / Act. Detached porches, detached Further Inspedion❑ detalls on checked Items. 02/07 /2006 11:23 FAX 17604345499 2nd KENNEDY PEST CONTROL PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 500 East Plaza Boulevard, San Diego CA 91950 2/3/2006 5735 al002/O10 BUILDING NO. STREET, CRY, STATE, LP INSPECTION DATE REPORT NO. A. Certain areas are recognized by the industry as inaccessible and/or for other reasons not inspected. These include but are not limited to: Inaccessible and/or insulated attics or portions thereof, attics with less than 18" dear crawl space, the Interior of hollow walls; spaces between a floor or porch deck and the ceiling below; area where there is no access without defacing or tearing out lumber, masonry or finished work; areas behind stoves, refrigerators or beneath floor coverings, furnishings; areas where encumbrances and storage, conditions or brill make inspection impractical, portions of the sub area concealed or made inaccessible by ducting or insulation, area beneath wood floors over concrete, and areas concealed by heavy vegetation. AP inspections are done from ground level only unless otherwise indicated. Although we make visual examinations, we do not deface or probe window/door frames or decorative trims. Unless otherwise specified in this report, we do not Inspect fences, sheds, clog houses, detached patios, detached wood decks, wood retaining walls or wood walkways. We assume no responsibility for work done by anyone else, for damage to structure or contents during our inspection, or for infestation, infection, adverse conditions or damage undetected due to inaccessibility or non -disclosure by owner/agent/tenant. 8. Slab floor construction has become more prevalent in recent years. Floor covering may conceal cracks in the slab that will allow infestation to enter. Infestations In the walls may be concealed by plaster so that a diligent inspection may not disclose the true condition. These areas are not practical to Inspect because of health hazards, damage to the structure; or lnconvenlence. They were not inspected unless described in this report We recommend further Inspection if there is any question about the above noted areas. RefStructural Pest Control Act, Article 6, Section 8516(b), paragraph 1990(). Amended effective March 1, 1974. Inspection is limited to disclosure of wood destroying pests or organisms as set forth in the Structural Pest Control Act, Article 6, Section 8516(b), Paragraph 1990-1991. C. A re -Inspection will be performed, if requested within four (4) months from date of original inspection, on any corrective work that we are regularly in the business of performing. if CERTIFICATION Is required, then any work performed by others must be CERTIFIED by them. There is a re -inspection fee. D. This company is not responsible for work completed by others, recommended or not, including by Owner. Contractor bills should be submitted to Escrow as certification of work completed by others. Kennedy Pest Control does not comment on workman -ship done by others. Interested parties must satisfy themselves as to quality or appearance of work which Is not completed by our company. E. This report includes findings related to the presence/non-presence of wood destroying organisms and/or visible signs of leaks in the accessible portions of the roof. The inspector did not go onto the roof surface due to possible physical damage to the roof, or personal injury. No opinion Is rendered nor guarantee implied concaming the water -tight integrity of the roof or the condition of the roof and roofing materials. If interested parties desire further information on the condition of the roof, we recommend that they engage the services of a licensed roofing contractor. F. Second story stall showers are inspected but not water tested unless there is evidence of leaks in ceiling below. Ref. Structural Pest Control Rules and Regulations, Sec. 8516G. Sunken or below grade showers or tubs are not water tested due to their construction. G. During the course of/or after opening walls or any previously concealed areas, should any further damage or infestation be found, a supplementary report will be Issued. Any work completed in these areas would be at Owners direction and additional expense. H. During the process of treatment or replacement it may be necessary to drill holes through ceramic tiles or other floor coverings: These holes will then be sealed with concrete. We will exercise due care but assume no responsibility for cracks, chipping or other damage to floor coverings. We do not re -lay carpeting. '; ; ,s:ame no responsibility for damage to any Plumbing, Gas or Electrical lines, etc, in the process of pressure treatment of concrete slabs or replacement of concrete or structural timbers. J. When a fumigation is recommended we will exeroiso all due care bul assume no responsibility for damage to Shrubbery, Trees, Plants, TV Antennas or Roofs. A FUMIGATION NOTICE will be left with, or mailed to the Owner of this property, or his designated Agent- Occupant must comply with Instructions contained in Fumigation Notice. During fumigation and KENNEDY PEST CONTROL, INC. — License No. PR 1932 vexvricwo il, La rate 1/0V404042,V 500 nnrrrrnur rnar. 1. urrJ uL PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: East Plaza Boulevard, San Diego CA 91950 2/3/2006 5735 t/},.'0Va/V1V BUILDINGNO. STREET, COY, STATE, ZIP INSPECTWN DATE REPORT NO. aeration, the possibility of burglary exists as it does any time you leave your home. Therefore, we recommend that you take any steps that you feel necessary to prevent any damage to your property. We also recommend that you contact your Insurance agent and verify that you have insurance coverage to protect against any loss, damage or vandalism to your property. The company does not provide any on site security except as required by stale or local ordinance and does not assume any responsibility for care and custody of the property in case of vandalism, breaking or entering. Natural gas service to the home must be disconnected before fumlaation can commence. Kennedy Past Control. Inc. will arrange for ass disconnection prior to rumination, however the owner or owner's anent must contact the local qas company for the restoration of qas service. Kennedy Pest Control. Inc. or It's sub -contractors cannot be held liable for delays cause by disconnection or restoration of ass service not being completed, K. If you should have any questions regarding this report. please call or come by our office any weekday between 8:00 a.m. and 5:00 p.m. We also provide information about additional services for the control of Household Pests such as Ants and Fleas, etc. L. I agree to pay reasonable attomey's fees if sul't is required by this COMPANY to enforce any terms of this contract, together with the costs of such action, whether or not suit proceeds to judgement. M. The total amount of this contract is due and payable upon completion of work unless otherwise specified. A finance charge computed at a Monthly rate of 1.5% of the unpaid balance (annual percentage rate of 18%) will be added to all accounts past due. N. If this report Is used for escrow purposes then it is agreed that this inspection report and Completion, if any, is part of the ESCROW TRANSACTION. However, if you received written or verbal instructions from any Interested parties involved in this escrow (agents, principals, etc.) to not pay our invoice at close of escrow, you are instructed by us not to use these documents to satisfy any conditions or terms of your escrow for purposes of closing the escrow. Further, you are instructed to retum all of our documents and the most current mailing address you have on file for the property owner. O. Owner/agent/tenant acknowledges and agrees that inspection of the premises will not include any type of inspection for the presence or non -presence of asbestos and that this report will not include any findings or opinions regarding the presence or non -presence of asbestos In, upon or about the premises, we recommend that you contact a contractor specifically licensed to engage In asbestos related work. Further, should we discover the presence of asbestos during our Inspection of the premises or should our Inspection of the premises cause a release of asbestos dust or particles, owner/agent/tenant shall be solely responsible for the cleanup, removal and disposal of the asbestos and the cost thereof. Owner/agent/tenant hereby agrees to waive any and all claims against this Company which are In any way related to the presence of asbestos on the premises and further agrees to indemnify and hold this company harmless from any and all claims of any nature asserted by any third party, Including this Company's employees, which is in any way related to the presence of asbestos on the premises. P. Reports on this structure prepared by various registered companies should list 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 the right to seek a second opinion from another company. Q. If any infestation, infection or damage is discovered in a concealed area during the course of performing any recommendation in this report, this company will file a supplemental report. This company is not responsible for controlling such Infestations or infections nor repairing such damage. R. This company makes no guarantee or warranty, express or implied, regarding future infections or adverse conditions or conditions present but not evident at lime of inspection. S. Local treatment is not intended to be an entire structure treatment method. If infestations of wood -destroying pests extend beyond the area(s) of local treatment, they may not be exterminated. U4,I„ /.UUo 11;ca r/u 1/Uu40404UU 4th Innlrlrnuc rIDi l.U1rIXUL PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 500 East Plaza Boulevard, San Diego CA 91950 2l3/2006 5735 IL/JUU4/ V y„ BUILDING W. STREET, CITY, STATE, ZIP 2. DT w..d. ormites: vidence of drywood termites noted in interior and exterior, as indicated on diagram. INSPECTION DATE REPORT NO. RECOMMENDATION: umigate the entire structure for the eradication of drywood termites using an approved fum gan i ane . as or remove fecal pellets in accessible areas. ** Two (2) year warranty for drywood termites ** """"' This is a Section 1 Item """*** EM2B vidence of drywood termite damage noted In exterio4 as indicated on diagram. RECOMMENDATION:Correct termite damaged wood Fpemhers _as nnt.d alive if more damage is found during the curse of performing repairs, a supplemental report will be issued with additional findings and recommendations and costs for corrections. Bids for repair work include prime coat only.** One year warranty ** This is a Section 1 Item *'""** 3 F , Dryrot: I M 3A Evidence of fungus/dryrot noted in doors, jambs, and threshold, as indicated on diagram. RECOMMENDATION:Owner to contact qualified person to Inspect and make necessary recommendations to correct areas noted above. —4-- This is a Section 1 Item ****** 4. Other Findings: TEM 4A cessive moisture was noted at ceiling, as indicated on diagram. RECOMMENDATION:Owner to contact qualified person to inspect and make necessary recommendations to correct. ***""" This is a Section 2 Item This is a structural pest control inspection report Not a building inspection report, therefore no opinion is being rendered regarding the structural integrity of the building. The following areas were not inspected, as indicated in section #1990, paragraph (j) of the structural pest control act and rules and regulations furnished interiors, inaccessible attics, insulated attics, and portions thereof the interior of hollow walls spaces between a floor or porch deck and the ceiling or soffit below stall showers over finished buttresses and similar areas to which there is no access without defacing or tearing out lumber, masonry and finished work, built-in cabinet work floor beneath coverings, areas where storage conditions or locks make inspection impractical. This wood destroying pests and organisms report does not include mold or any mold like conditions. Molds, sometimes called mildew, are not wood destroying organisms. Branch III licenses do not have a duty under the Structural Pest Control Act and related regulations to classify molds as harmful to human health or not harmful to human health. No reference will be made to mold or mold like conditions. Mold is outside the scope of the report as defined by the Structural Pest Control Act. If you wish your property to be inspected for mold or mold like conditions please contact the appropriate mold professional. KENNEDY PEST CONTROL, INC. -- License No. PR 1932 UL/V//LUUU 11.4J rnA 1/0U40434V An/v/vnuL rnal �UrranU/. PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 06 5735 500 East Plaza Boulevard, San Diego CA 91950 2/3/2006 DATE REPORT ND. BUILDING NO. It is the owners responsibility to disclose any knowledge of conditions which are not visible during the course of a normal inspection. This firm will use commonly available material for work performed by this company, but does not guarantee to match material no longer available or wood requiring custom milling. Bidsfor r wood outside repair u inclue deri prime coatt to outside wood. This firm will not stain or paint in or This firm reserves the right to substitute materials due to availability and/or discontinued materials. IMPORTANT NOTICE If persons other than this firm are to complete repairs it is recommended that the lender be consulted for guarantee regluirements prior to commencement by nor will we guarantee workrol done by others. If all items are not make any nnot to the tity of hisfiworkmanship completed by this firm, our price per item may vary from the original bid and warranty will be limited to specific areas. Kennedy Pest Control Inc. does not guarantee work performed by others. Such guarantees should be obtained from those performing the repairs. Kennedy Pest Control only certifies the absence of infestation or infection in the visible and accessible areas. If it is found that other have concealed or hidden infestations or infections during the course of their repairs, it will be the responsibility of the interested parties to pursue the responsible parties. NOTICE: The charge for service that this company subcontracts to another registered company may include the companys charges for arranging and administering such services that are in addition to the direct costs associated with paying the subcontractor. You may accept this companys bid or you may contract directly with another registered company licensed to perform the work. If you choose to contract directly with another registered company, this firm will not in any way be responsible for any act or omission in the performance of work that you directly contract with another to perform. Windows are inspected, but not opened during inspection. The exterior surface of the roof was not inspected. If you want the water tightness of the roof to be determined, you should contact a roofing contractor who is licensed by the contractors state license board. *** It is unlawful for a handyman to perform work in excess of $500 *** Exterior was inspected as permitted due to heavy vegetation. STREET, CRY, STATE, ZIP KENNEDY PEST CONTROL, INC.- License No. PR 1932 UG/D//GVVD 11;44 VA..Y. liou4a404o, ACIYIYCVX rnal 1J V1Y 11(VL PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 500 East Plaza Boulevard, San Diego CA 91950 2/3/2006 5735 I4/.1UUO/ U 1v BUILDING NO. STREET, CITY, STATE, ZIP INSPECTION DATE REPORT NO. Plants and shrubs must be trimmed at least 12 inches from structure prior to fumigation. Plant damage will occur during the course of performing the fumigation. Kennedy Pest Control offers no warranty on vegetation. A fumigation notice and fact sheet will be sent to, or left with the owner of this property, or his/her designated agent, which gives necessary information regarding procedures for fumigation. This form MUST be signed and returned to Kennedy Pest Control three (3) working days prior to scheduled fumigation date. Fumigation cannot commence without signed forms and keys. IMPORTANT Prior to fumigation this company must be notified of any construction elements, conduits, drains, or vacuum systems that could allow passage of the fumigant from the structure to be fumigated to any adjacent or adjoining structure(s). Prior to fumigation, owner or agent MUST contact local gas company to have gas service reconnected after fumigation process is complete. Fumigation cannot commence without gas service being disconnected. Kennedy Pest Control cannot be held liable for costs associated with delays caused by gas company. Electricity MUST be available during the course of fumigation. vh,UI/LUDO 111G4 PAA 1/UU4,14040V 7th nnonCLY rIDi UUl IKUL PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 500 East Plaza Boulevard, San Diego CA 91950 2/3/2006 5735 4!�vvu U'-1U BUILDING NO. STREET, CRY, STATE, ZIP INSPECTION DATE REPORT NO. OCCUPANTS CHEMICAL NOTICE Kennedy of wood Control nug peststordorganismslin locations identified the this Structural Pest Controfreport. (1) The pesticide(s) proposed to be used and the active ingredient(s). A. Demon TC:C�permethrin 253%, Inert Ingredients 74.7% —' B. Termidor TC: ipronil9.1 %inert ngredientso$0 9% o C. Vikane Gas rumigant:Su uryl Floride 99.8%, inert Ingredients 0.2 /o (2) "Stets Law rewires that ou be iven the following information: CAUTION -PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board and apply estictdes which are registered and approved for use by the Galifomia g Department of Pesticide Regualtion and the United States Environmental Protection Agency. Registration is granted when the State finds that based e on scientific that theensks are ourtweighed by if proper 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 Kennedy Pest Control.'' For further information, contact any of the following: Kennedy Pest Control (800) 420-7378 San Diego County Health Department B00 876 4766 San Diego County Agriculture Commissioner 858 694-2739 Poison Control Center �(80 ) 334-0019 Structural Pest Control 1418 Howe Avenue, Suite 18, Sacramento, CA 95825 (916) 561-8708 Persons with respiratory or allergic conditions or others who may be concerned aboutptheir health relative tothischemical treatment, should treatme their PRIOhR TO SIGNING THIS occupancy OTICE y during and after chemical ISNO RETURNED to KENNEDY PEST CONTRL APPLICATION WILL BE OL.OHAVINGUNTIL SUCH A READ THE INSTRUCTIONS, 1 E THAT THIS NOTICE UNDERSIGNED, ACCEPT RESPONSIBILITY FOR UNDERSTANDING ALL THE AFOREMENTIONED. OWNER/OCCUPAN 1 DA1 E UWNI R/UCCUPAN 1 DA I L KENNEDY PEST CONTROL, INC. -- License No. PR 1932 02/17/2006 07:14 FJU 6196671281 PREMIER Roo IrNG INCORYORAT'I!it) 9054 Ouvt mow STRING VALLICA' CALIFORNIA 91977-2301 37-456;5 619-667-128t ,: n,x Premier Roofing Inc a002 PREMIER! ROOFING MINIM .f: ebruary I'7, 2006 Harvey iliebel Cornerstone Building Group 3590 Kenner Blvd. San Diego, CA 92101 Re: Roof inspection Project Playhouse on the Plaza 500 East Plaza Blvd. National City, CA As per your request, Premier Roofing, Inc. has conducted a visual examination of the existing roofs at the referenced project. The examinations were conducted in order prepare recommendations for roof replacement and roof maintenance. Observations: T'he subject building, which is one and two—story, stucco structure with a combination of asphalt shingles and low sloped built—up roof systems. Flat Roof Areas: The low -sloped build-up roofing system is in poor condition, and should be replaced at the ti rne. I1[VAC Ducting: The exposed HVAC is in poor condition do to rust and leaking seams on ductwork. .Sloped Shirt 1e Roof: !'he asphalt shingle roof area is in fair condition and needs general roof maintenance at this time. Recommendations: It is our recommendation that flat roof be replaced with a new 4—ply built-up roof system. The HVAC ducting should also be replaced at the same time the flat roof is replaced. The sloped shingle roof requires general roof maintenance at this time. Please review and call me if you have any questions. Sincerely, Pr in Roofing, Inc. Tom Pigeon President CA 5ren C(]NTP.1 Cr., I.n_uw[ NO: 657726 / ,S X12 14* exterior elev's. La h F.,Crirr SKOG 2,...2,ro.1 aHn rar41 rzona on worbl* 422. IV rga PT. I I t V.I. T.5 1111.. Orrin emon,,,24‘ 2..2; 0.04 6•1: n 4. (154.70,1..(414.1 •-s K14 • 5. Tor r. row? .1 9' 4.2 "21. 4/1, 54,, con. 22. cowC IMI1k • 2122, IP 4641.42 , WIta. anon ca.1 4.•52.0•11. M. 101.1t MOM.. 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MUITA."*RUMK MELALUcA,EEALAERA' 29' Tl'J8 '. MULTA TRLNK' PLANT, -CA[E APPDX.".Jf•1'- NOTE: Amat: A ,n, GRi$ 'Tfl Mt GAZAN IA LOCATION61AGN:Ai'© ONDROONS ' - SPAR JASMINE ISAL.29'OC Nauwa. , csv rI_ NN, iNGS MEET.. f141�" ' nat. mow AM OS6anw City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE 5-2-06 AGENDA ITEM NO. 30 ITEM TITLE A Resolution approving the issuance of Owner Participation Letters related to the Green Village Project, located in the National City Redevelopment Project on the blocks bounded by Interstate 5, Plaza Boulevard, Roosevelt Avenue and 8th Street. PREPARED BY Patricia Beard, Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION In December, 2005, Knoefler Enterprises Incorporated approached the Community Development Commission ("CDC") about a project called Green Village, which :it would like to develop. The four and one-half block project, bounded by Interstate 5, Plaza Boulevard, Roosevelt Avenue, and 8th Street, would feature a mixed use project including public green space, commercial opportunities, employment centers and multi -family housing in a project designed to feature the best technologies in water and energy reclamation and efficiency available today. (see attached sheet) Environmental Review Not applicable Financial Statement Not applicable Account No. STAFF RECOMMENDATION Consider adoption of the Resolution approving the issuance of Owner Particination Letters related to the Green Village Protect. BOARD / COMMISSION RECOMMENDATION Not applicable ATTACHMENTS Resolution No. i. Background report 2. DRAFT owner participation letter 3. Owner Participation Rules 4. Statement of interest • A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF OWNER PARTICIPATION LETTERS RELATED TO THE GREEN VILLAGE PROJECT LOCATED IN THE NATIONAL CITY REDEVELOPMENT PROJECT ON FOUR AND ONE-HALF BLOCKS BOUNDED BY INTERSTATE 5, PLAZA BOULEVARD, ROOSEVELT BOULEVARD AND 8TH STREET WHEREAS, the Community Development Commission of the City of National City is engaged in activities necessary to carry out and implement the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, in order to carry out and implement the Redevelopment Plan, the Community Development Commission has considered a request to issue Owner Participation Letters to the owners of properties bounded by Interstate 5, Plaza Boulevard, Roosevelt Boulevard and 8th Street. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves an issuance of Owner Participation Letters related to the Green Village Project located in the National City Redevelopment Project on four and on -half blocks bounded by Interstate 5, Plaza Boulevard, Roosevelt Boulevard and 8th Street. PASSED, APPROVED AND ADOPTED this 2nd day of May, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT Since December, Mr. Josh Knoeffler, President, formed the development entity Green Village LLC and continued meeting with various community members and officials, designing the project and seeking property acquisition. On March 30, 2006, Mr. Knoeffler approached the CDC about an Exclusive Negotiating Agreement ("ENA") for the proposed project site. An ENA would give Green Village LLC the exclusive opportunity to continue site development plans over a period of time, without competition. Prior to negotiating an ENA for Board consideration, staff desires to conduct an Owner Participation Process, as required by the National City Redevelopment Plan. The process will allow affected property owners to state an interest in participation or otherwise comment on the development proposal before the CDC enters any Agreement regarding the project. The Owner Participation Process does not commit the CDC to any future action or imply future project endorsement or approval. Attachment 2 May 4, 2006 Name Address City State ZIP ATTN: Name SUBJECT: OWNER PARTICIPATION PROCESS Dear Name: It is the responsibility of the Community Development Commission (CDC) of National City to plan and implement redevelopment projects. CDC works with owners and tenants to obtain qualified developers, acquire property, relocate occupants, demolish existing buildings, rehabilitate historic structures, and construct public improvements and facilities to carry out adopted redevelopment plans in National City. We have received a request from Green Village LLP for development of the four and one -half -blocks bounded by Interstate 5, Plaza Boulevard, Roosevelt Avenue and 8th Street. The property that you own, Assessor Parcel No. would be affected by this Project. A site map has been included as Exhibit 1. As an affected property owner, you have the right to submit an alternative proposal or otherwise comment on the project. These rights are set forth in the enclosed "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project" ("OP Rules" attached as Exhibit 2). These rules explain what assistance the CDC will provide to any persons or businesses that are displaced by a redevelopment project. They also explain the standard procedures that the Agency follows to provide assistance. Before considering the Green Village proposal, the CDC wishes to ask you whether or not, and if so in what way, you would like to participate in the redevelopment of this four and one -half -block project. Enclosed with this letter is a Statement of Interest Form (Exhibit 3). According to the OP Rules, you have forty-five (45) days from the date of this letter to return the enclosed Statement of Interest to participate or not participate. The failure to return the Statement of Interest Form within the forty-five (45) days will be considered an affirmation of non -interest to participate. PLEASE NOTE: If you are in escrow or currently negotiating to sell your property you may continue with your escrow or your negotiations concurrently with any action the CDC may take regarding your property. If you :have any questions, please contact myself or Patricia Beard, Redevelopment Manager, at (619) 336-4255. Sincerely, Chris Zapata Executive Director Exhibits: 1. Site Map 2. OPA Rules 3. Statement of Interest Form Cc: Patricia Beard, Redevelopment Manager Attachment 3 RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE NATIONAL CITY REDEVELOPMENT PROJECT SECTION I. (100) PURPOSE AND INTENT These rules are adopted to implement the provisions of the Redevelopment Plan for the National City Redevelopment Project (the "Project") regarding participation and the exercise of preferences by property owners and business occupants within the National City Redevelopment Project Area (the "Project Area"). These rules set forth the procedures governing such preferences and participation. The Health and Safety Code of the State of California Section 33000 et seq. requires the adoption of these rules by the Community Development Commission of the City of National City to permit participation by owners of real property and the extension of preferences to persons engaged in business within the boundaries of the Project Area to reenter the redeveloped area to the maximum extent feasible consistent with the objectives of the Redevelopment Plan for the Project. SECTION II.(200) GENERAL DEFINITIONS As used herein, the following definitions apply: A. "CDC" means the Community Development Commission of the City of National City. B. "Business Occupant" means any person, persons, corporation, association, partnership, or other entity engaged in a lawful business within the Project Area for so long as such Business Occupant remains in business within the Project Area. C. "City" means the City of National City. D. "Disposition and Development Agreement" means a contractual agreement between a developer and the CDC that sets forth terms and conditions for development. E. "Long -Term Lease" means a lease of real property with a term of twenty (20) years or more, with at least ten (10) years remaining on such term. F. "Owner" means any person, persons, corporation, association, partnership, or other entity holding recorded fee title to or a long-term lease of real property in the Project Area for so long as such Owner holds such title or Tong -term lease. G. "Participant" means an Owner who has entered into a Participation Agreement with the CDC. H. "Participation Agreement" means an agreement entered into by an Owner with the CDC providing for such Owner to participate in the development or redevelopment of property within the Project Area in accordance with the provisions of the Redevelopment Plan and these Rules. I. "Plan" means the Redevelopment Plan for the National City Redevelopment Project adopted on June 18, 1995 by Ordinance No. 95-2095. J. "Project Area" means the Project Area of the CDC which is subject to the Redevelopment Plan, as depicted on Exhibit A attached hereto. K. "Rules" means these Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project. nattcity\ownpan 2 May 16, 1995 SECTION 111. (300) OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO REENTER IN BUSINESS WITHIN REDEVELOPED AREA A. (301) Opportunities for Owner Participation Owners of real property within the Project Area shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Area if such Owners agree to participate in the redevelopment in conformity with the Plan and these Rules. B. (302) Preferences for Persons Engaged in Business in the Project Area Business Occupants engaged in business in the Project Area shall be extended reasonable preference to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Plan and these Rules. SECTION IV. (400) METHODS OF PARTICIPATION AND LIMITATIONS THEREON A. (401) Methods of Participation Participation methods include remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the CDC or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property, or submitting to the CDC for its consideration another method of participation proposal pursuant to these Rules. An Owner who participates in the same location may be required to rehabilitate or demolish all or a part of his/her existing buildings, or the CDC may acquire the buildings only and then remove or demolish the buildings. Participation methods also include the CDC buying land and improvements at fair market value from naticitybwnpart 3 May 16, 1995 Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. B. (402) Limitations on Participation Opportunities Owner Participation opportunities shall be subject to and limited by factors such as hereafter listed and the following minimum requirements: 1. The Participant(s) can demonstrate to the reasonable satisfaction of the CDC that he is financially capable and has the qualifications and/or experience to perform any and all development, modification, rehabilitation, modernization, construction, land assembly, and/or acquisition of the subject property or properties in order that it will conform to the Plan, any specific plan or design guide, and the redevelopment proposal, if any, contemplated by the CDC with respect to the subject property. 2. The Participant's proposed improvements and/or redevelopment will conform to: the goals and objectives established by the CDC; the Plan; any specific plan or design guide; any applicable zoning, building and safety laws and regulations; and/or the redevelopment proposal approved by the CDC. 3. The CDC retains its authority to determine in its sole and reasonable discretion whether the proposed Participant(s) development conforms to and furthers the goals and objectives of the Plan and any specific development proposals on the basis of all the facts and circumstances pertaining to the proposed Participant's development. Laticitybwppatt 4 May 16, 1995 4. The CDC shall consider whether the proposed owner participant development necessitates that the Participant and/or the CDC shall remove, relocate and/or install public utilities and public facilities determined necessary by the CDC for the proposed development. 5. Consideration of the elimination and/or change of land uses, particularly nonconforming land usesas specified in City codes. 6. The CDC shall consider the need to realign, abandon, vacate, widen, or open public rights -of -way and the indirect effects of such acts. 7. Consideration of any reduction in the total number of individual parcels in the Project Area. 8. Consideration of whether the proposal involves land assembly and development of areas for public and/or private development in accordance with the Plan. C. (403) Establishing Preferences Among Owners If conflicts develop between the desires of participants for particular sites or land uses, the CDC is authorized to exercise its reasonable discretion and establish reasonable priorities and preferences among the Participants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: development experience and qualifications, financial ability to perform, length of time in the area, accommodation of as many potential participants as possible, and conformity with intent and purpose of the Plan. Participation, to the extent feasible, may be available for two or more persons, firms, or institutions, to join together in partnerships, corporations, or other joint entities. To the extent multiple owners are included within a proposed development site, an Owner with a majority interest in the total proposed aatkitybwapart 5 May 16, 1995 development site may be determined by the CDC to have a preference over an Owner with a minority interest in the proposed development site. SECTION V. (500) METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON A. (501) Methods for Extending Reentry Preferences Whenever a Business Occupant will be displaced by CDC action from the Project Area, the CDC will, prior to such displacement, determine: 1) whether such Business Occupant desires to relocate directly to another location within the Project Area, or 2) if suitable relocation accommodations within the Project Area are not available prior to displacement, whether such Business Occupant would desire to reenter in business within the Project Area at a later date should suitable accommodations become available. For those Business Occupants who desire to relocate directly to another location within the Project Area, the CDC will make reasonable efforts to assist such Business Occupants to find accommodations suitable to their needs. A record of the Business Occupants who cannot be or do not want to be directly relocated within the proposed development site, but who have stated that they desire to reenter into business in the Project Area whenever suitable locations and rents are available, will be maintained by the CDC. The CDC will make reasonable efforts to assist such Business Occupants to find reentry accommodations at locations and rents suitable to their needs. In order to implement the operation of this Section 501, the CDC will provide in all Participation Agreements, disposition and development agreements, and other agreements, as applicable, that in the renting or leasing of premises rehabilitated or developed pursuant to such agreements the Participant or developer will give reasonable preferences (over other potential tenants or lessees) to Business Occupants who will be or who have been displaced from naticitybwnpart 6 May 16, 1995 their places of business by the CDC to lease or rent premises within the newly rehabilitated or developed facilities. B. (502) Limitations on the Extension of Preferences The following are the minimum requirements that must be met by any business to establish its eligibility for the reasonable preference to reenter in business in the Project Area after displacement: 1. The business use proposed shall be consistent with the land use standards of the Plan and any specific plan and development standards and criteria adopted by the CDC or the City. 2. The improvement on the business premises made or proposed to be made shall (unless otherwise approved by the CDC) meet, or shall be brought up to meet, a structural condition equal to or better than that required for a new structure or improvement of equivalent size, location, use and occupancy as required by the building and safety laws and regulations then applicable in the City, and shall conform to the Plan. 3. The business operator shall demonstrate to the satisfaction of the CDC that he is financially capable and qualified to perform any and all modifications or rehabilitation or modernization on the property at the new location in order that it will conform to the Plan and capable of meeting the financial requirements to occupy space in the new location. 4. The business shall agree in writing that in the use, occupancy and conduct of business in the premises there shall be no discrimination because of race, sex, marital status, color, creed, religion, national origin, ancestry, sexual orientation, physical handicap, or medical condition. naticitybwnpart 7 May 16, 1995 C. (503) Establishing Preferences Among Business Occupants Seeking Similar Preferences If conflicts develop between the desires of participants for particular sites or land uses, the CDC is authorized to exercise its reasonable discretion and establish reasonable priorities and preferences among the Business Occupants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: financial ability to perform, length of time in the area, accommodation of as many potential Business Occupants as possible, appropriateness of the type of business within the proposed premises or location, the feasibility of business success, and conformity with intent and purpose of these Rules and the Plan. Participation, to the extent feasible, may be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. SECTION VI. (600) PARTICIPATION PROCEDURES A. (601) Notice and Statement of Interest Before entering into any Participation Agreements or Disposition and Development Agreements relating to the acquisition, development, or rehabilitation of real property in the Project Area, the CDC shall first comply with these Rules relating to soliciting interest in owner participation from Owners of property, which may be acquired, developed, or rehabilitated and call upon them to submit a Statement of Interest in the proposed development or in otherwise participating in the redevelopment of the Project Area. Those desiring to submit a Statement of Interest in Participation must complete and submit said Statement to the CDC within forty-five (45) days of receipt. Any owner may also submit such a Statement at any time before such notification. natkitybwnpan 8 May 16. 1995 Such Statement shall include information requested by the CDC and shall be in the form requested by the CDC. The CDC shall consider such Statements as submitted on time and shall seek to develop reasonable participation for those submitting such Statements whether to stay in place or to move to another location. The CDC may in its sole discretion determine that a participation proposal is not feasible or in the best interest of the Project or the community, or is otherwise limited by one or more of the criteria set forth in Section 402 hereof. In such event, the CDC may select a developer from among prospective participants submitting statements of interest in participating and others invited to submit proposals. The CDC retains and shall exercise the discretion vested in it by law to consider and determine whether the proposal or proposals for redevelopment submitted by an Owner or Owners for participation in the Project Area conforms to, and meets the goals and objectives of, the Plan. The CDC shall exercise said discretion reasonably, in good faith, and without discrimination. B. (602) Participation Agreements 1. (603) General Public and private Owners wishing to develop or improve their properties within the Project Area may be required, as a condition to CDC approval of such development, to enter into a binding written Participation Agreement with the CDC if the CDC determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan, or of any design guide adopted by the CDC pursuant to the Plan. naticitybwnpart 9 May 16, 1995 2. (604) Contents A Participation Agreement shall obligate the Owner, and the Owner's heirs, successors and assigns to acquire, rehabilitate, develop and use the property, as may be applicable, in conformance with the Plan and/or to be subject to such other provisions and conditions of the Plan as the CDC may require for the period of time that the Plan is in force and effect, excepting those provisions related to nondiscrimination and nonsegregation which shall run in perpetuity. Each Participation Agreement will contain such terms and conditions and will require the potential Participant to join in the recording of such documents as the CDC may require in order to insure the property will be acquired, rehabilitated, developed and used in accord with the Plan and the agreement. Participation Agreements will be effective only if approved by a majority vote of the members of the CDC. SECTION VII. (700) ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Plan, with a CDC determination of conformance, or a Participation Agreement, then the CDC is authorized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance. The CDC shall not acquire real property retained or developed under an approved Participation Agreement if the Participant fully performs under the agreement. SECTION VIII. (800) AMENDMENT OF RULES The CDC may amend these rules at any regular meeting or duly called special meeting held after their adoption, but only after notice to the CDC members and the public. The naticitybwnput 10 May 16, 1995 text of the proposed change shall be made available and notice of said meeting shall be published in a newspaper of general circulation. Such notice shall be published at least fourteen (14) calendar days before the date of the meeting at which the proposed amendment will be considered. The method of notice is at the discretion of the CDC. No such amendment shall retroactively impair the rights of any parties who have executed Participation Agreements with the CDC in reliance upon these rules as presently constituted. natkitybwnpart 11 May 16, 1995 Attachment 4 STATEMENT OF INTEREST FORM To: Chris Zapata, City Manager Community Development Commission of National City (CDC) 1243 National City Boulevard National City, CA 91950 From: SUBJECT: Green Village development proposal Dear Mr. Zapata, 1 have received your letter dated May 4, 2006 regarding the CDC's receipt of the unsolicited proposal from the Green Village LLC about a redevelopment project within National City. I acknowledge that I have received the "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project." Please be advised: I wish to prepare a proposal for I do not wish to prepare a for development of the subject proposal for development of property. the subject property. By: Date: (Signature) (Print) Representing: (Owner of Subject Parcel) (Print)