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HomeMy WebLinkAbout2006 06-20 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 — June 20, 2006 - 6:00 P.M. Onen 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 interpretacion en espanol se pt'oporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII 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 6/20/06 Page 2 1. Employee of the Month Program — Rizza Dela Cuadra, Accountant Assistant — Finance Department, Community Development Commission 2. Recognition — Kathleen Trees, Building & Safety Director CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of the minutes of, the Regular Community Development Commission meetings ;of January 24, 2006 and February 28, 2006, the Adjourned City Council meeting of January 31, 2006, the Regular City Council meeting of February, 21,, 2006, the Special City Council meeting of February 28, 2006, and the Regular City Council/Community Development Commission meetings of March 21, 2006 and April 4, 2006. (City Clerk) 4. 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) 5. Resolution in support of the League of California Cities' Position on State and Federal Telecommunications Legislation. (City Manager) 6. Resolution authorizing the City Engineer to establish a "30 Minute Parking" zone in front of 539 Highland Avenue (R. Winchell and R. Vera, TSC Item No. 2006-09) (Engineering) COUNCIL AGENDA 6/20/06 Page 3 CONSENT CALENDAR (Cont.) 7. Resolution authorizing the City Engineer to establish two handicap parking spaces in front of 1701 "D" Avenue (Sweetwater District, TSC Item No. 2006-10). (Engineering) 8. Resolution of the City Council to approve, accept and record Plaza Village Condominiums Subdivision Map located on the west side of "L" Street North of Plaza Boulevard. (S-2004-10, CUP-2004-19) (Engineering) 9. Resolution of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the National City Boulevard, 7th to 12th Street Improvements. (Engineering) 10. Resolution approving an Agreement with Rick Engineering, Inc. to provide the City engineering ,services to develop a Bike Master Plan in the "Not Exceed" amount of $74 168 and authorizing the City Engineer to execute the agreement. (Funding for this Master Plan is available through a grant from the FY 2006 Transportation Development Act (TDA) and TransNet Bicycle and Pedestrian Project Funds) (Engineering) 11. Resolution of the City Council; approving a Conditional Use Permit for a wireless communications facility on the A -American Self -Storage building at 525 West 20th Street. (Applicant: M&M Telcom for Cricket Communications) (Case File CUP-2005-25) (Planning) 12. Resolution of the City Council denying a tentative Subdivision Map and Conditional Use Perrnit ;for the proposed conversion of the Van Linn Apartments (48 rental units) to condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue..,(Applicant:, Westone Management Consultants) (Case File No. S-2003-7/CUP-7903-26) (Planning) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with American Medical Response to provide for advance life support and basic life support ambulance service to the City of National City. (Fire) COUNCIL AGENDA 6/20/06 Page 4 CONSENT CALENDAR (Cont.) 14. Resolution of the City Council of the City of National City authorizing an emergency, sole source purchase of a digital voice logger. Such expenditure to be funded through reimbursable FY05 Law Enforcement Terrorism Prevention Program funds in the amount of $16,695.83 and FY05 State Homeland Security Grant funds in the amount of $17,375.00 SHSG Acct. #282-411-910-515-0000. LETPP Acct. #282-411-911-515-0000. (Police) 15. Resolution of the City Council of the City of National City selecting annual adjustment factors and establishing the annual appropriations limit for Fiscal Year 2005-2006 and for Fiscal Year 2006-2007. (Finance) 16. Resolution of the City Council of the City of National City authorizing investment of monies in the Local Agency Investment Fund (LAIF). (City Manager/Finance) 17. WARRANT REGISTER # 44 (Finance) Ratification of Demands in the amount of $3,157,887.22 18. WARRANT REGISTER # 45 (Finance) Ratification of Demands in the amount of $1,183,896.50 19. WARRANT REGISTER # 46 (Finance) Ratification of Demands in the amount $1,070,224.02. 20. WARRANT REGISTER # 47 (Finance) Ratification of Demands in the amount $118,004.58 21. Temporary Use Permit — Granger Middle School graduation ceremony on June 14 -15, 2006 at 2101 Granger Avenue request to use the City's stage and chairs. (Building & Safety) COUNCIL AGENDA 6/20/06 Page 5 CONSENT CALENDAR (Cont.) 22. Temporary Use Permit — Cornerstone Church of San Diego's Summerfest 2006 at 1920 Sweetwater Road on June 24, 2006 with no waiver of fees. (Building & Safety) 23. Temporary Use Permit - Sweetwater Harley-Davidson's 3rd Annual Rosarito Beach Harley Run at 3201 Hoover Avenue on July 29, 2006 from 9 a.m. to 12:30 p.m. with no waiver of fees. (Building & Safety) 24. Temporary Use Permit — Inflatable World at Westfield Plaza Bonita from May 13, 2006 to September 3, 2006 with no waiver of fees. (Building & Safety) 25. Temporary Use Permit — The Revolution 5K hosted by In Motion, Inc. at Kimball Park on October 1, 2006 with no waiver of fees. (Building & Safety) PUBLIC HEARINGS 26. Public Hearing — Introducing an Ordinance of the City Council of the City of National City which amends Chapter 18.108 of Title 18 (zoning) of the National City Municipal Code by amending Section 18.108.230 which would allow the termination of nonconforming uses through amortization. (Applicant: City initiated — Case File No. A-2006-2) (City Attorney/Planning Department) 27. Public Hearing — 2005-2006 Weed Abatement Public Hearing. (Fire) 28. Public Hearing — Tentative Subdivision Map for a mixed -use project "Centro/Revolution 2 Condominiums." Location: 41 East 12th Street. (APN: 556-554-16 and -17) (Applicant: Constellation Property Group LP) (Case File No.: S-2006-5) (Community Development Commission) COUNCIL AGENDA 6/20/06 Page 6 ORDINANCES FOR INTRODUCTION 29. An Ordinance of the City Council of the City of National City amending Sections 15.16.010, 15.16.015, 15.16.035, 15.16.040, 15.16.045, 7.24.020, 15.08.025, 15.10.010, .15.14.010, 15.20.010 and 15.24.025 of the National City Municipal Code pertaining to housing inspections and permits. (Building & Safety) 30. Introducing an Ordinance of the City Council of the City of National City which amends Chapter 18.108 of Title 18 (zoning) of the National City Municipal Code by amending Section 18.108.230 which would allow the termination of nonconforming uses through amortization. (Applicant: City initiated — Case File No. A-2006-2) (City Attorney/Planning Department) NON CONSENT RESOLUTIONS 31. Resolution of the City Council of the City of National City adopting a budget for the 2006-2007 Fiscal Year and discussion. (City Manager/Finance) 32. Resolution of the City Council of the City of National City supporting the SDG&E Sunrise Powerlink Transmission Line Project and urging the California Public Utilities Commission to approve the construction of the project. (SDG&E to make presentation) (City Manager) 33. Resolution of the City Council approving a Tentative Subdivision Map for a mixed -use project "Centro/Revolution 2 Condominiums." Location: 41 East 12th Street. (APN: 556-554-16 and -17) (Application: Constellation Property Group LP) (Case File No.: S-2006-5) (Community Development Commission) 34. Resolution of the City Council of the City of National City authorizing the approval of the 2005-2006 Weed Abatement Public Hearing findings. (Fire) 35. Resolution of the City Council of the City of National City approving the proposed plans for the National City Boulevard Streetscape and Fountain Plaza Improvements Project and authorizing the City Engineer to advertise the project for bids. (Engineering) COUNCIL AGENDA 6/20/06 Page 7 NON CONSENT RESOLUTIONS (cont.) 35(a).Resolution of the City Council of National city approving Change Order Number Five and California Commercial Pools, Inc. for the installation of a water slide for the new Activity Pool in the amount of $158,469 as part of the National City Municipal Swimming Pool Renovation Project and authorizing the City Engineer to execute the Change Order (Pool project is primarily being funded by State Parks Grant) NEW BUSINESS 36. Notice of Decision — Tentative Parcel Map for the division of one 21,642 square foot property into three lots at 835 East 2nd Street with an exception for Tess than 50 foot street frontage and a variance for reduced driveway width and increased wall height. (Applicant: Augie Bareno — ABCO Consultants) (Case File No. LS-2006-2/Z-2006-2) (Planning) 37. Report — Update on "52 Acres" joint planning process with the Port of San Diego. (Community Development Commission) 38. National City Transit Monthly Report for June — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) 39. Alpha Project — National City Progress Report for April 2006 — May 2006. (Public Works) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 40. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 05/05/06 through 05/24/06 of $2,218,895 (Community Development Commission/Finance) 41. Resolution of the City Council approving an Assignment and Assumption Agreement between the Acevedo Group, Palm Plaza Associates, LLC and the Community Development Commission of National City for a 1.07-acre parcel located at 1640 East Plaza Boulevard. (APN #557-410-20) and authorizing the Chairman to execute said Agreement. (Community Development Commission) COUNCIL AGENDA 6/20/06 Page 8 PUBLIC HEARING/RESOLUTION 42. Public Hearing and Resolutions of the Community Development Commission (CDC) of National City determining and declaring the public interest and necessity for acquiring and authorizing condemnation and immediate possession of APN#s 555-114-11, 12, 13 (commercial property also referred to as 1112-1146 National City Boulevard — used auto sales dealership and auto body paint shop) and APN#S 555-114-03, 05, 07 (commercial property also referred to as 21 W. 12TH Street — meeting hall for the Fraternal Order of the Eagles) for redevelopment purposes and authorizing condemnation proceedings by CDC counsel to acquire said property in a manner provided by law. (Community Development Commission) 43. Public Hearing — Downtown Specific Plan Consistency Review for mixed - use development project, "Park Lofts." Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street. (APN: 560-100-05, -06, 07, -08) (Applicant: Willmark Communities, Inc.) (Case File No.: DSP- 2006-1) (Community Development Commission) NON CONSENT RESOLUTIONS 44. Resolution of the Community Development Commission of the City of National City adopting a budget for the Fiscal Year 2006-2007. (Finance - Community Development Commission) 45. Resolution of the Community Development Commission of the City of National City adopting the Morgan and Kimball Towers budgets for the Fiscal Year 2006-2007. (Finance- CDC) 46. Resolution of the Community Development Commission approving a Downtown Specific Plan Consistency Review for a mixed -use development project, "Park Lofts." Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street. (APN: 560-100-05, -06, 07, -08) (Applicant: Willmark Communities, Inc.) (Case File No.: DSP-2006-1) (Community Development Commission) COUNCIL AGENDA 6/20/06 Page 9 MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting Tuesday — July 18, 2006 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE \ 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 May 30, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM 6/20/06 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in June 2006 is Rizza Dela Cuadra, Accountant Assistant. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 20, 2006, to be recognized for her achievement and service. cc: Rizza Dela Cuadra Jeanette Ladrido — CDC Deputy Director of Finance Councilmember Natividad Human Resources — Office File AJL:Igr Performance Recognition Program (2) R r•;' r! P: u , City of National City Performance Recognition Award Nomination Form I nominate Rizza Dela Cuadra for the Performance Recognition Award for the following reasons: Please state why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Rizza has been employed as an accounting assistant for the CDC since 2004. She has continually performed above & beyond her current responsibilities and is always professional to her customers, co-workers & supervisors. Since the merging of the CDC and City finance functions, Rizza has taken on additional CDC responsibilities without hesitation. She is currently responsible for the accounts payables for the CDC and the Section 8 program, maintenance of the rehab & First Time Homebuyers Loan programs and the financial reporting for the Nutrition Center. Aside from maintaining her current workload, she has managed to prepare useful analysis statement for the Section 8 program & the Nutrition Center and has presented recommendations to streamline some of their procedures. She has prepared reports summarizing the investment activity of the CDC and Section 8 programs. ITEM #2 6/20/06 RECOGNITION - KATHLEEN TREES, BUILDING & SAFETY DIRECTOR ITEM i#3 6/20/06 Approval of the minutes of the Regular Community Development Commission meetings of January 24, 2006 and February 28, 2006, the Adjourned City Council meeting of January 31, 2006, the Regular City Council meeting of February 21, 2006, the Special City Council meeting of February 28, 2006, and the Regular City Council/Community Development Commission meetings of March 21, 2006 and April 4, 2006. (City Clerk) ITEM #4 6/20/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption • It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE: June 20, 2006 AGENDA ITEM NO. 5 (-ITEM TITLE Resolution in support of the League of California Cities' Position on State and Federal Telecommunications Legislation PREPARED BY EXPLANATION Lin Wurbs, Assistant City Manager 619-336-4240 DEPARTMENT City Manager New telecommunications services are vital to businesses, households and the public safety of local communities. Congress and the California state legislature are beginning serious debates on a new regulatory framework for telecommunications services. Financial resources that cities receive under the current regulatory framework for telecommunications services are vital to support local public services such as public safety and transportation. Therefore, the taxpayers have a financial interest to protect in the public's right-of-way; a fair level playing -field competition among telecommunications providers is important to delivering services at the best price for citizens and consumers. This resolution does hereby adopt certain principles (as listed in the resolution) for Congress and the state legislature to consider in its debate over a new telecommunications regulatory framework. Environmental Review Financial Statement N/A ✓ N/A Account No. N/A STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. League of California Cities' sample letter regarding AB2987 the "Digital Infrastructure and Video Competition Act of 2006" A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES' POSITION ON STATE AND FEDERAL TELECOMMUNICATIONS LEGISLATION WHEREAS, technological advances in telecommunications services are outpacing the current state and federal regulatory framework for those services; and WHEREAS, the new telecommunications services will be vital to the businesses, households and the public safety of local communities; and WHEREAS, Congress and the California state legislature are beginning a serious debate on a new regulatory framework for telecommunications services in the 2006 legislative session (the Digital Infrastructure and Video Competition Act of 2006 (AB 2987)); and WHEREAS, financial resources that cities receive under the current regulatory framework for telecommunications services are vital to support local public services such as public safety and transportation; and of -way; and WHEREAS, the taxpayers have a financial interest to protect in the public's right - WHEREAS, fair, level playing -field competition among telecommunications providers is important to delivering telecommunications services at the best price for our citizens, the consumers; and WHEREAS, telecommunications industry services to a local community such as Public Education and Government (PEG) channels, INET services to local schools and E911 and 911 public safety services to local citizens are important services to maintain. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of National City does hereby adopt the following principles for Congress and the state legislature to consider in its debate over a new telecommunications regulatory framework: REVENUE PROTECTIONS • Protect the authority of local governments to collect revenues from telecommunications providers and ensure that any future changes are revenue neutral for local governments. • Regulatory fees and/or taxes should apply equitably to all telecommunications service providers. • A guarantee that all existing and any new fees/taxes remain with local governments to support local public services and mitigate impacts on local rights -of -way. • Oppose any state or federal legislation that would pre-empt or threaten local taxation authority RIGHTS -OF -WAY • To protect the public's investment, the control of public rights -of -way must remain local. • Local government must retain full control over the time, place and manner for the use of the public right-of-way in providing telecommunications services, including the appearance and aesthetics of equipment placed within it. Resolution No. 2006 — June 20, 2006 Page 2 ACCESS • All local community residents should be provided access to all available telecommunications services. • Telecommunications providers should be required to specify a reasonable timeframe for deployment of telecommunications services that includes a clear plan for the sequencing of the build -out of these facilities within the entire franchise area. PUBLIC EDUCATION AND GOVERNMENT (PEG) SUPPORT • The resources required of new entrants should be used to meet PEG support requirements in a balanced manner in partnership with incumbent providers. • For cities currently without PEG support revenues, a .minimum percentage of required support needs to be determined. INSTITUTIONAL OR FIBER NETWORK (INET) • The authority for interested communities to establish INET services and support for educational and local government facilities should remain at the local level. PUBLIC SAFETY SERVICES • The authority for E-911 and 911 services should remain with local government, including any compensation for the use of the right-of-way. All E-911 and 911 calls made by voice over internet protocol shall be routed to local public safety answering points (PSAPs); i.e., local dispatch centers. • All video providers must provide local emergency notification service. CUSTOMER SERVICE PROTECTION • State consumer protection laws should continue to apply as a minimum standard and should be enforced at the local level. Local governments should retain the authority to assess penalties to improve customer service OTHER ISSUES • Existing telecommunications providers and new entrants shall adhere to local city policies on public utility undergrounding. BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to the Congressional Representative and all state legislative representatives for the City of National City as well as all appropriate local media outlets. Resolution No. 2006 — June 20, 2006 Page 3 PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SAMPLE LETTER AB 2987 Date Assembly Member Fabian Nunez Speaker of the Assembly State of California State Capitol, Room 219 Sacramento, California 95814 RE: Cable and Video Service. AB 2987 (Nunez/Levine) NOTICE OF OPPOSITION Dear Speaker Nunez: This is to communicate the opposition of the City of to AB 2987. The legislation proposes to enact the "Digital Infrastructure and Video Competition Act of 2006." It will have a profound impact on communities across. California and will set the regulatory template for telecommunications services in this state for many years to come. The City of supports healthy competition among telecommunications providers in our local communities. In the end, competition is good for consumers. The concern that the City of has with AB 2987 is the conditions under which telecommunications services will be deployed in our communities. Based on this concern, the City of is opposed to AB 2987 for the following reasons. Preemption of Local Franchises The bill preempts local franchising authority and establishes a new state bureaucracy with the power to oversee telecommunications franchising in California. The state has never had any authority over local franchising and has no experience in addressing what are essentially local issues that arise in any franchising agreement. If the state intends to establish a new state franchising law, at least permit the local government to actually issue the franchise under the provisions of the law. This makes more sense than creating a new bureaucracy at the state level and it provides local governments with a notification of those telecommunications companies who plan to do business in the community. Also, provisions should be placed in any state franchising law that permit local governments and telecorrununications providers, incumbent and new entrants, to negotiate a franchise by mutual agreement. This provides flexibility for local problem solving that is much more creative and adaptable to local communities than a state administered, tops -down approach. Further, local franchise law typically includes provisions to deal with problems of late payments by a provider, including interest and late payment charges. Provisions should be included in AB 2987 to cover these operational issues. Franchise Fees The bill should be amended to make it clear that local government franchise fee revenue needs to be maintained at least at its current level. In the bill, the definition of "gross revenues," on which franchise fees are calculated, will likely result in some communities experiencing a loss of revenue. The bill should be amended to meet this objection. Local Tax Authority AB 2987 preempts locally tax and fee authority and places in jeopardy collections of business license fees and encroachment permit fees as well as other local taxes and fees. This is unacceptable and the bill needs to be amended accordingly. PEG/INET Services Many communities have established public, education and governmental (PEG) channels in local franchise agreements. These channels are critical for local communities and provide excellent educational opportunities for local citizens. Current PEG channels must be maintained and an opportunity created in the legislation for communities to establish and increase the number of PEG channels to serve the community. Also, many communities have established institutional networks (INETS) in local franchise agreements. An INET is a network of telecommunications lines connecting schools, libraries, nonprofit organizations and/or government facilities. AB 2987 appears to permit these services to expire after a certain date. Any new regulatory scheme should require the maintenance of the current INET services and permit local communities in the future to adopt INETs. The provisions of the bill would result in an elimination of current local franchise agreements on support for PEG channels and substitute revenue that comes from a 1% fee on gross revenues. Provisions should be amended into the bill to ensure that the current local fee structure could be maintained if the local community would face a revenue loss under the new gross revenues calculation. Right -of -Way Authority AB 2987 fails to clearly spell out the authority of local government to manage the public's right- of-way. The bill needs to be amended to ensure that local authority is maintained to address the inevitable problems when deploying new telecommunications infrastructure. Also, the bill needs to be amended to ensure that local governments have control over aesthetic issues when it comes to the deployment of telecommunications infrastructure. One new entrant plans to place large boxes, said to have a 3' to 4' base and to be as tall as 5' to 6', in the public right-of-way. Local citizens will want to give their input on the placement of these devices. Emergency Notification Local franchise agreements often require local cable operators to notify citizens of critical information during emergencies. This authority should be maintained in any state bill. AB 2987 does not maintain this critical emergency warning option. Customer Service Standards Under current law, local governments can assume enforcement of customer service standards. Current law also allows cities to enforce the Federal Communications Commission customer service standards and to adopt standards on top of the FCC standards for the local community. AB 2987 does not permit local governments to enforce these standards. The bill should be amended to permit local agencies to enforce customer service standards if they choose to do so. Build Out/Discrimination Local governments in California have been successful in ensuring that cable video services are deployed equitably in local communities. AB 2987 should be amended to ensure that new entrants are subject to a build out standard that sets a reasonable time frame for the deployment of its telecommunications infrastructure in local communities. This will ensure access to these services by all areas of a community, not just the most economically attractive areas of a community. Conclusion We hope this clearly outlines the basis of the City of opposition to AB 2987. The City looks forward to working with you on this critical legislation. Sincerely, Cc: Senator Carole Migden Assembly Member Joe Nation Amy O'Gorman, League of California Cities MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 20, 2006 6 AGENDA ITEM NO. / ITEM TITLE Resolution authorizing the City Engineer to establish "30 Minute Parking" zone in front of 539 Highland Avenue (R. Winchell and R. Vera, TSC Item No 2006-09). PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Mr. Randall Winchell and Mrs. Rosa Vera, the owner and the business owner of Purified Water Store located at 539 Highland Avenue, have requested the installation of a "30 Minute Parking" zone in front of the business. They stated in their correspondence that vehicles from the restaurant and kitchen cabin manufacturers next door are parking in front all day and are leaving no parking for their customers. At their meeting of May 10, 2006, the Traffic Safety Committee approved the "30 Minute Parking" zone in front of 539 Highland Avenue. Environmental Review "NIA Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION At their meeting of May 10, 2006, the '1 raffle Safety Committee approved the "30 Minute Parking" zone in front of 539 Highland Avenue. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 (9/80) 2006-09 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 8:00 P.M. IN FRONT OF 539 HIGHLAND AVENUE (R. Winchell and R. Vera, TSC ITEM NO. 2006-09) WHEREAS, property owner Randall Winchell and Purified Water Store business owner Rosa Vera, have requested the installation of a 30-minute parking zone in front of the Purified Water Store located at 539 Highland Avenue because vehicles from a nearby business occupy the parking spaces in front of their store all day leaving customers without parking; and WHEREAS, at its meeting on May 10, 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 539 Highland 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 8:00 p.m. in front of the business at 539 Highland Avenue. PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 10, 2006 ITEM NO. 2006-9 ITEM TITLE: REQUEST FOR THE INSTALLATION OF "30 MINUTE PARKING" ZONE IN FRONT OF 539 HIGHLAND AVENUE (BY: R. WINCHELL AND R. VERA) PREPARED BY: DISCUSSION: Adam J. Landa, Engineering Department Mr. Randall Winchell and Mrs. Rosa L. Vera, the owner and business owner of Purified Water Store, have requested the installation of a "30 minute parking" zone in front of 539 Highland Avenue. They would like the City to approve the parking to help with the parking situation. They stated that the restaurant and kitchen cabin manufacturers next store takes all of the parking and leaves no parking for their customers. They desire that the signs state the following: "30 minute parking" between the hours of 8:00 a.m. and 8:00 p.m. 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 8:00 p.m. at 539 Highland Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-9 April 14, 2006 Mr. Adam Landa NATIONAL CITY — TRAFFIC & SAFTEY 1243 National City Blvd. National City, CA 91950 Re: 539 A & B Highland Ave, National City, CA Mr. Landa, Via Fax: 619-336-4397 Per our conversation last week, I am requesting that the curb in front of our property be fitted with 30 minute parking for 2 spaces. We have 25 feet from the ingress/egress in which to place the 2 desired parking spaces with 30 minute limits and to paint the first 25' feet of curbing yellow. I appreciate your assistance in this matter and should you have any questions, please feel free to contact me at (949) 361-3343. Thank you in advance, Randall Winchell 20 de Febrero de 2006 To Whom It May Concern: I am asking for help for a limited parking in front of my business. My business is located between two other businesses. On one side is a restaurant, I do not have any inconveniences since the customers parked in two other streets. The other business is a kitchen cabinets. The employees parked all day on the street from 7:00 a.m. to 5:00 p.m.. This business has a parking of at least 4 cars, but they only use 2 parking spaces. My business is going to be a purified water store and I need a parking space for loading and unloading. Before the curb was painted yellow, but now the paint is fainted. The address of my business is 539 Highland Avenue, National City, CA 91950 Sincerely, Rosa L. Vera F'ANfIL R'ESTA t 1'4 x coin � KS'[f Febrero 20 2006. A quien corresponda . Por medio de esta carta me dirijo a ustedes muy attentamente ayuda para Pedirles un permiso para la calle [banqueta] o lo que se requiem Ya que mi local esta ubicado enmedio de dos locales , uno es un Restaurant que esta ubicado en la esquina con este mismo no hay ningun Inconveniente por que las personas se estacionanpor dos calles . El otro Local es un taller donde hacen trabajos pare hater muebles o azulejos De cosina , este mismo Megan los empleados y se par quean por lo Menos de 7am 5pm , y no mueven sus carros en todo el dia. Este mismo Local tiene por lo menos parking para unos cuatro carros pero nomas Usan dos . Me gust aria que me ayudaran por que mi negocio sera una Purificadora de agua y si necesito el parking libre porque sera de carga Y descarga este local anteriormente estaba pintado de Amarillo pero Como este local duro bastante tiempo sin rentarse lo que estaba pintado ni Siquiera se alcansa a notar . De manera mas attenta les pido que rebicen Mi por mi negocio defender mucho de este permiso para que las Personas pudieran estacionar por que esta calle es muy traficada. Este local esta ubicado en: 539 Highland Ave. National City Ca. 91950. ATTE. Rosa L. Vera. GRACIAS. ("- C 77� G re9 L(rt f-4-`e . C ck TI 6t 7-1 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 20, 2006 7 AGENDA ITEM NO. ()TEM TITLE Resolution authorizing the City Engineer to establish two handicap parking spaces in front of 1701 "D" Avenue (Sweetwater School District, TSC Item No. 2006-10). PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering EXT. 4394 Sweetwater School District is requesting the installation of two handicap parking spaces in front of 1701 "D" Avenue. They stated in their correspondence, due to the physical site constraints and future school growth they couldn't accommodate handicap parking on site. Therefore, they are requesting that the handicap parking be approved in front of the school. At their meeting of May 10, 2006, the Traffic Safety Committee approved the two handicap parking spaces in front of 1701 "D" Avenue. Environmental Review Financial Statement N/A N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION At their meeting of May 10, 2006, the Traffic Safety Committee approved the two handicap parking spaces in front of 1701 "D" Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO HANDICAP PARKING SPACES IN FRONT OF NATIONAL CITY MIDDLE SCHOOL LOCATED AT 1701 "D" AVENUE (SWEETWATER SCHOOL DISTRICT, TSC ITEM NO. 3006-10) WHEREAS, the Sweetwater School District has requested the installation of two handicap parking spaces in front of National City Middle School located at 1701 "D" Avenue because the necessary additional handicap parking spaces cannot be located onsite due to physical restraints caused by the District's Phase I of the modernization project at the school; and WHEREAS, at its meeting on May 10, 2006, the Traffic Safety Committee approved the installation of two handicap parking spaces in front of National City Middle School located at 1701 "D" Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish two handicap parking spaces in front of National City Middle School located at 1701 "D" Avenue. PASSED and ADOPTED this 20th day of June, 2006. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 10, 2006 ITEM NO. 2006-10 ITEM TITLE: REQUEST FOR THE INSTALLATION OF TWO BLUE CURB HANDICAP PARKING SPACES IN FRONT OF 1701 "D AVENUE. (BY: SWEETWATER SCHOOL DISTRICT) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Sweetwater School District has requested the installation of two handicap parking spaces in front of National City Middle School located at 1701 D Avenue. They are requesting the handicap parking due to the physical site constraints and future school growth. The school also stated that they could not provide handicap parking on site. City Council has adopted a policy that does permit publicly used buildings and schools to have handicap parking in front of the site. Staff has investigated the site and the request can be accommodated. STAFF RECOMMENDATION: Staff recommends the installation of two handicap parking spaces in front of 1701 D Avenue, since it does meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-10 SWEEiWATER UNION HIGH SCHOOL DISTRICT PLANNING AND CONSTRUCTION Sweetwater Program Management Katy Wright Director of Planning and Construction April 27, 2006 Mr. Adam Landa City of National City Engineering Department c/o Traffic Safety Committee 1243 National City Blvd. National City, CA 91950 Subject: National City Middle School — ADA Parking for D Avenue Dear Mr. Lands, cry GO n N P l The Sweetwater Unified High School District is currently undergoing Phase I of the modernization 0 project for the 7.72 acre National City Middle School campus located at 1701 'D' Avenue. Phase I improvements include utility infrastructure upgrades, classroom remodeling, and a new adaptive building facility (Building 1700). Due to physical site constraints and in anticipation of the school's future growth, we cannot provide additional disabled parking onsite. The District therefore proposes converting threepublic parking spaces on `D' Avenue to accommodate disabled access. The location of these new spaces, as shown on the attached Exhibit, would provide the most convenient and direct access to the school's administration building and library. Nasland Engineering has prepared a construction plan for this work in the City's right-of-way and is prepared to submit this plan for your review and approval. The District looks forward to partnering with your office to provide a safe and accessible environment for our students and community. If you have any questions, please feel free to contact me at 619 407-4932 or steve.dow(suhsd.k12.ca.us. Sincerely, Steve D. , PE Area ' roject Manager Enclosure: Construction Plan Exhibit — Proposed ADA Parking (Nasland Engineering) cc. Katy Wright, Chris Dunne (SUHSD) Chuck McArthur (Barnhart), Raul Diaz (RNT), Chron file Document Control SWEErWAI'ER UNION HIGH SCHOOL DISTRICT; PROGRAM MANAGER; 1130 5thAvenue; Chula Vista, CA 91911 phone:(619)407-4955 facaimile:619-407-4956 SITE PROPERTY: NATIONAL CITY MIDDLE SCHOOL 1701 'D' AVENUE NATIONAL CITY, CA 91950 APN: 560-191-24 OWNER: SWEETWATER UNION H.S. DISTRICT 1130 5TH AVE. CHULA VISTA, CA 91911 (619) 426-4570 EXISTING LIBRARY o o IQ CONSTRUC LION PLA EXISTING ADA Pi�f) FNG � _XHIBI1-9POPOSED ADA PAP•<ING JOB NO. I03- 166.2 FOP THE IV-POVEIV EN T 0- : NATIONAL CITY vIDDLE SCHOOL SWEETWATER HIGH SCHOOL DISTRICT NASLAND ENGINEERING CIVIL ENGINEERING • SURVEYINL • LAND PLANNING 6790 Ruffner Slreet. San Oiego, Calilcrnio. 02111 • 898 292 - 16T SIR I City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE June 20, 2006 AGENDA ITEM NO. 8 (-ITEM TITLE Resolution of the City Council to approve, accept, and record Plaza Village Condominiums Subdivision Map located on the west side of "L" Street North of Plaza Boulevard (S-2004-10, CUP-2004-19). PREPARED BY Adam Landa DEPARTMENT Engineering Ext. 4394 EXPLANATION Coast Contracting and Development, the owner of the Plaza Village Condominiums Subdivision, has submitted a final map for the property located on the west side of "L" Avenue North of Plaza Boulevard for the City Council's approval, acceptance, and filing with the County Recorder. The final map consists of 17 residential condominium units. The Planning Commission, on November 1, 2004, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution No. 2004-238 on December 21, 2004. The Engineering and Planning Department have also approved the final map. There are no street dedications on this map. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOI ?dENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Subdivision Map Resolution No. plazavillage A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE FINAL SUBDIVISION MAP FOR PLAZA VILLAGE CONDOMINIUMS LOCATED ON THE WEST SIDE OF "L" STREET, NORTH OF PLAZA BOULEVARD ( S-2004-10, CUP-2004-19) WHEREAS, at a regular meeting of the City Council held on December 21, 2004, the City Council adopted Resolution No. 2004-238, approving the tentative subdivision map for Plaza Village Condominiums located on the west side of "L" Street, north of Plaza Boulevard, generally described as: Parcel 3 of Parcel Map No. 8128, in the City of National City, County of San Diego, State of California, according to map thereof filed in the Office of the County Recorder of San Diego County, December 4, 1978 as File No. 78-520662 of the official records. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for Plaza Village Condominiums located on the west side of "L" Street, north of Plaza Boulevard, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 40, MOOD 3 /' -R[W 1 1DW00 W 6 (1.' N2 Or P.M. C1' CORNER PER P.Y. 1CCti6) AS PEP PJ/. 8128 AND P.y. 100J6 N1r(68"W (P) 9.75' E40 . DISC AOCEPRD AS 9.755TO GW LINE OF PPLAlZALTBMW/ ARO SB ro1'" �ri;4 Pr A' DETAIL A= NOT TO SCALE A.P.N 556-510- 55 PARCEL 1 PAL NO b574 T._ (N1r°n--71 a I 4' MN 1\ L. 871 PO1 AL E P9 16036 (1.00' \NIY of CORNIER PER P.L 10036) A � PARCEL 2 P.M. NO. r0035 A.P.N. 000-510-57 LOT 1 0.51 AC. PARCEL 3 ''��7 071 00 rr 7r (200.00 0E7A2 A p=r1270"=1040W' L=1J0.79" PER P.Y., 10036) W 18b6W (R) 9.75" BOULEVARD t3 3990 RUPTIN REND SURF 120 Z SAN 0/E00 7I47 CA 92723 758-560- 859-560-8157 (PAC) PARCEL 1 PM. Na 10030 N7J6414 2286 (N6'J4 091 P.44 10036) -Q72;l6' R.IDICL00' L=IIS75' lNEW &COROO PER PALL Aram 0-0r7747 R-20W' L=30.47' ricky've'r61--4-1—' ; h 4 ggw' KI CA9WNC SCALE M4 P NO. 40 0 40 An LED CONVERGENCE ANGLE AT POINT 3239" AE COAOMED SOLE 8ICI.R AT PORN' 72JR. LooX2II GR47 06IANCE = CAO(W OSTNICE r COIASI ED SCI.E FACTOR i \ PARCEL 1 .' 1 P.AL NO. 5574 t AS044/aQ E C� 7 "E --�-_ s/r SHEET 2 OF 2 SHEETS MONUA/£NTAT/ON Evora 7. 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LATM ��`� e t IVIOW WCIII/MAP MA" /// Aw 7o sow. ) 8171AKMRY CtEVIREIAE 7E IAEE PD0547 LEIC AM 05C R.CE ISM ON A75' O¢SE7 f2R PAL Ora ICCU6 MISS MEED LMCESS MO O 8W so- .r a 24' OOP PPE 4011 DEC CS i9T7 SR47WQOR LC 212-1719 C.1 83 C1852-6281 PLI4ZI4 P11 L A E CONDOMINIUMS /N THE C/7Y OF NATIONAL C/TY CAUFORAIII PARCEL 3 OF PARCEL MAP WO. 8128, /N :.CITY OF N4770NAL C/T3; CO /NTY OF SAN DIEGO, STATE OF C4L/FORN4I, ACCORD/NO TO i 4P THEREOF FILED.,: IN 771E: OFFICE OF THE, CO.U,vTY RECORDER OF S4N DIEGO COUNTY, DECEMBER 4, 1978 AS<F/LE Na 78-520662 OF OFTJC/,4L RECORDS THIS /S A _MAP OF A CONDOMIN/UM PRWECT AS: DEFINED ./N SEC770N 1350 ET. SEQ. OF 7HE C/V L CODE OF THE STATE OF CAL/FORAM AND /S _ FILED PURSUANT 770 7HE SUBDMS/ON MAP ACT. THE TOTAL NUMBER OF RES/DEN77AL UNITS /S 1Z SUBOMS/ON GUAR4NTEE BY OLD REPUBLIC N4770M4L 77TLE /NSUR4NCE COMPANY, ORDER NO. 2425000497,, DATED JANUARY 27, 2006. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City of National City accepting the work and authorizing the fling of a Notice of Completion for the National City Boulevard, 7th to 12th Street Improvements. Alberto Griego Engineering Ext. 4386 PREPARED BY DEPARTMENT EXPLANATION See Attached Explanation. X Environmental Review N/A Financial Statement The total cost of the project is $805,399.78. This amount is within the estimated budget for this project, which is $852,814.48 for construction and contingencies Funding is available through CDC Account No. 900353. Account No. STAFF RECOMMENDATION Adopt the Resolution. (k t BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion heffler A-200 (9/80) Resolution of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the National City Boulevard, 7t to 12th Street Improvements. Explanation On March 15, 2005, by City Council Resolution No. 2005-56, the City Council awarded a contract in the amount of $656,011.14 to Heffler Company, Inc. for the National City Boulevard 7th Street to 12th Street Improvements Project, Specification No. 04-12. On July 19, 2005, by City Council Resolution No. 2005-142, Change Order No. 1 in the amount of $127,049.94 for additional asphalt overlay from 7th to 8th St. and from Plaza to 12th St. additional removal and disposal of unsuitable material on 9th Street and removal of railroad ties was approved. This increased the contract amount to $783,061.08. On December 20, 2005, by City Council Resolution No. 2005-260, Change Order No.2 in the amount $22,338.30 for substitution of 5 gallon shrub to 1 gallon shrub, overtime inspection, additional electrical meter pedestal, traffic loops, and paving fabric was approved. This increased the contract amount to $805,399.78. On March 1, 2006, a final inspection was completed. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a notice of completion for the National City Boulevard 7th to 12th Street Improvements Project, Specification No. 04-12. The current project cost of $805,399.78 remains unchanged. CONTRACT FINAL BALANCE DATE: 6/20/06 PROJECT: National City Boulevard 7th to 12th Street Improvements, Specification No..04-12 Notice of Completion TO: Heffler Company, Inc. Mr. Patrick Heffler, President 1800 McKinley Ave. National City, CA 91950 Original Contract Adjusted Contract (Includes CO #1 and #2) No Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 1 Mobilization LS I 34,285.00 34,285.00 _ I 34,285.00 34,285.00 2 Traffic Stripping and Markings LS 1 6,048.00 6,048.00 1 6,048.00 6,048.00 3 Traffic Signage LS 1 3,325.00 3,325.00 1 3,325.00 3,325.00 4 Traffic Control LS 1 100,000.00 100,000.00 1 100,000.00 100,000.00 5 Adjust Existing Utilities to Grade LS I 2,000.00 2,000.00 1 2,000.00 2,000.00 6 Pollution Control Measures LS 1 2,500.00 2,500.00 1 2,500.00 2,500.00 7 Replace Existing Utility to Grade SF 4 500.00 2,000.00 4 _ 500.00 2,00 - I 8 Clearing and Grubbing EA 1 5,000.00 5,000.00 1 5,000.00 5,06. J 9 Removal of Sidewalk and sub- grade SF 2,130 2.78 5,921.40 2,410.58 2.78 6,701.41 10 Removal of Street Section (up to 6.5" A.C./6" PCC) SF 10,430 2.69 28,056.70 7,164.50 2.69 19,272.51 11 Removal of Street Section (6.5"A.C.) SF 2,159 2.34 5,052.06 7,041.50 2.34 16,477.11 12 Removal of Curb and Gutter LF 180 7.33 1,319.40 176 7.33 1,290.08 13 Remove existing street Tight EA 1 1,500.00 1,500.00 1 1,500.00 1,500.00 14 Digout Street Section (up to 6.5" AC/6" PCC) SF 1,390 3.84 5,337.60 2,461.87 3.84 9,453.58 15 8" Modified Median Curb LF 2,740 14.80 40,552.00 2,738 14.80 40,552.40 16 6" Type "G" Concrete Curb and Gutter LF 228 16.31 3,718.68 236 16.31 3,849.16 17 Class II Agrega.te Base CY 50 42.13 2,106.50 0 42.13 0 18 Crushed Miscellaneous Base CY 130 34.03 4,423.90 148.34 34.03 5,048.01 19 Dig -out Replacement (5" AC/I2" Class 1I Base) SF 1,130 6.90 7,797.00 3225.16 6.90 22,253.60 20 Replacement of AC Section Adjacent to Median (8"AC/4.5" Base) SF 4,140 7.74 32,043.60 2,344.8 8 7.74 18,149.36 21 Pedestrian Ramps EA 2 1,182.33 2,364.66 2 1,182.33 2,364..6.E 22 1 1/2" AC Overlay TON 230 100.00 23,000.00 223.09 100.00 _ 22,30f 23 Cold Plane Existing Pavement LF 2,178 3.12 6,795.36 2,178 3.12 6,795.36 Page 1 CONTRACT FINAL BALANCE No, Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 4 Metal Bollards EA 7 500.00 3,500.00 6 500,00 3,00000 25 Detectable Warning Pavers and Concrete Band LS 1. 2,746.20 2,746.20 1 2,746.20 2,746.20 26 I" Irrigation Service with 1" Meter and Backflow Preventer LS 1 2,500.00 2,500.00 1 2,500.00 2,500.00 27 Trench and Resurface for Irrigation Main Line and Service LF 245 20.00 4,900.00 261 20.00 5,220.00 28 Colored Concrete Pavement in Median SF 2,347 8.87 20,817.89 2,209 8.87 19,593.83 29 Sidewalk Unit Pavers SF 2,685 9.74 26,151.90 2,668 9.74 25,986.32 30 Broom Finish Colored Concrete Sidewalk SF 1,013 7.65 7,749.45 , 997.50 7.65 7,630.88 31 Tree Grate EA 4 1,305.00 5,220.00 4 1,305.00 5,220.00 32 Class "A" Topsoil CY 290 33.87 9,822.30 578 33.871 708.89 19,576.86 14,177.80 33 Tree 36 Inch Box EA 20 708.89 14,177.80 17 34 Palm 20 Foot Brown Trunk Height EA 8 10,397.67 83,181.36 8 10,397.67 83,181.36 35 Shrub- 5 Gallon EA 1,052 16.94 17,820.88 0 16.94 0 36 Fine Grade in Landscaped Median SF 5,200 0.30 1,560.00 5,200 0.30 1,560.00 37 Mulch CY 30 44.70 1,341.00 30 44.70 1,341.00 38 Root Barrier LF 420 6.65 2,793.00 780 6.65 5,187.00 39 Complete Irrigation System for Trees, shrubs, and Sod LS 1 56,276.41 56,276.41 1 56,276.41 56,276.41 3 Soil Test LS 1 500.00 500.00 I 500.00 500.00 41 Maintenance (90 days) LS 1 2,106.09 2,106.09 1 2,106.09 2,106.09 42 Traffic Signal and Street Lighting Installation LS 1 67,700.00 67,700.00 1 67,700.00 67,700.00 43 Removal and Dumping of Unsuitable Material and Replacement with Class II Base on NCB at 9th St. LS 1 1 9,686.25 9,686.25 44 Removal of Railroad Ties on NCB LS 1 1 8,387.22 8,387.22 45 Additional 1.5" grind, overlay, petromat, traffic loops, adjust utilities and stripping from 7`h to 8`h St. and from Plaza to 12th St. on NCB. LS 1 1 108,976.47 108,976.47 46 Shrub- I Gallon EA 1,052 1,052 13.06 $13,739.60 47 Compensation for overtime inspection (credit) LS 1 2 (130.50) (261.00) 48 _ Install Double Meter Pedestal LS I 1 2,139.57 $2,139.57 49 Install additional Traffic Loops LS I 1 2,458.89 $2,458.89 50 Install additional petromat LS 1 1 5,882.94 $5,882.94 TOTALS $656,011.14 149,388.64 $805,399.78 Page 2 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on June 20, 2006, of the National City Boulevard, ?th to 12th_Street Improvements, Work of improvement or portion of work of improvement under construction or alteration. on the premises located at National City Blvd., 7th to 12th St. City of National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Heftier Company Inc Name of Original Contractor The following work and material were supplied•Fareman, Laborers, Dump Trucks, Grinder, Backhoe, Paver, Concrete Mixers, Milling Machine, Compaction Roller, Tire Roller General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: 2006; Joint tenants, tenants in common, or other owners Signature of Owner Nick Inzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , at National City, California. Signature: NICK INZUNZA, MAYOR Forms/noticeco 0 RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY BOULEVARD, 7TH STREET TO 12TH STREET IMPROVEMENTS (Engineering Specification No. 04-12) BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Heffler Company, Engineering Department Specification No. 04-12, for the National City Boulevard, 7th Street to 12th Street Improvements has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 10 (-ITEM TITLE A resolution approving an Agreement with Rick Engineering, Inc. to provide the City engineering services to develop a Bike Master Plan in the "Not to Exceed" amount of $74,168, and authorizing the City Engineer to execute the agreement. (Funding for this Master Plan is available through a grant from the FY 2006 Transportation Development Act (TDA) and TransNet Bicycle and Pedestrian Project Funds) PREPARED BY Alberto Griego DEPARTMENT Engineering Ext. 4386 EXPLANATION See Attached Explanation. Environmental Review Financial Statement This agreement is for a "Not to Exceed" amount of $74,168. Funding is available through a Grant from the Transportation Development Act and the TransNet Bicycle and Pedestrian Project Funds. The Account number is 312-409-500-598-1012. X N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Agreement Resolution No. A-200 (9/80) RIKF MASTFR A resolution approving an Agreement with Rick Engineering, Inc. to provide the City engineering services to develop a Bike Master Plan in the "Not to Exceed" amount of $74,168 and authorizing the City Engineer to execute the agreement. EXPLANATION: On April 1, 2005, the Engineering Department of the City submitted an application/claim to SANDAG to fund a Bicycle Master Plan for the City. A grant in the amount of $75,000 was obtained from the FY 2006Transportation Development Act (TDA) and TransNet Bicycle and Pedestrian Project Funds. Beginning with the 2007 project application cycle, all cities will need to have a SANDAG approved Bicycle Master Plan to be eligible for TDA/TransNet funds for individual projects. The City has not updated its Bicycle Master Plan since 1992. On October 4, 2005 the City of National City issued a Request for Qualification seeking civil and traffic engineering firms interested in providing engineering services required to create a Bikeway Master Plan for the City. This Bikeway Master Plan will not only be used as a planning instrument but also used as a tool to apply for various grants available to insure implementation. The statement of qualifications deadline was established as November 10, 2005. The City has not updated its Bicycle Master Plan since 1992. We received statements from six qualified firms of which Rick Engineering Company, was selected as one of the most qualified by experience and ability to perform the required services. Rick Engineering Company has been meeting the planning and civil engineering needs of the San Diego area for over 50 years and is the largest civil engineering firm headquartered in San Diego. The Headquarters office is comprised of more than 200 professionals and support personnel. Recently, Rick Engineering has completed the San Jose., CA Downtown Streetscape and Bike Master Plan and also the Qualcomm Stadium to Zion Avenue Bikeway and Feasibility Study for San Diego County. Based upon the staff's request, Rick Engineering has a proposed plan, outlined in Exhibit "A" of the agreement, to perform the required services to develop the Bike Master Plan. This scope of work is consistent with the City's requirements outlined in the request for qualifications. The fee for performing the work per the cost proposal is a "Not to Exceed" amount of $74,168 from the TDA/TransNet funds. RESOLUTION NO: 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE AN AGREEMENT WITH RICK ENGINEERING, INC. IN THE "NOT TO EXCEED" AMOUNT OF $74,168 TO PROVIDE ENGINEERING SERVICES TO DEVELOP A BIKE MASTER PLAN WHEREAS, the City desires to employ a contractor to provide engineering services to develop a Bike Master Plan; and WHEREAS, the City has determined that Rick Engineering is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute an agreement with Rick Engineering to provide engineering services to develop a Bike Master Plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of June, 2006. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICK ENGINEERING, INC. THIS AGREEMENT is entered into this June 20th, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RICK ENGINEERING, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide engineering services to develop a BIKE MASTER PLAN for the City. specializing perform the services. FOLLOWS: WHEREAS, the CITY has determined that the CONTRACTOR is a firm in Civil Engineering design work, and is qualified by experience and ability to services desired by the CITY, and the CONTRACTOR is willing to perform such NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase . in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 1 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR Martin Flores, R.L.A.-Director of Urban Design and Planning thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days fromreceipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall makesuch materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (90) ninety working days from the date the agreement is entered. Therefore the final report shall be submitted no later than November 136, 2006. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work Prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither .the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CON TRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain •confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 4 CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CON TRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence, B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. 5 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability andworker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration 6 Rules of the AAA then existing, parties, and ajudgmentAny award rendered shall be final ct matter oa tde thereon may be entered in and conclusive the o the arbitration controversy.The expenses of the any court havingupon the , provided that . arbitration shall be o borne ction over ties to the evidenceband ,prove each party shallme equally by the attorneys'fees, that the pay for and bear the costs of its own Parties to thereof against a specified party except arbitrator may assess such expenses orexperts, . Part of the arbitration award. any part 19. TERMINATION. Termination A. This gi�'eement without cause. shah be be terminated with or Termination effective onlywithout cause noticey the CITY, accordance with thins q rig said 60-day period the CONTupon 60-da ' gig said RACTOR y s wr oen alletoc the shall perform all services in B. This A cause in the - event of a Agreement may y also be terminated immediate! b CONTRACTOR material breach of this Agreement,Y Y the CITY for Cser NTRices, or Te Raiinre cto onnection with the formation of is AgeAgreement ortperfr perform services as directed bythis Agreement or the by the C. Termination with or the CITY, performance of Notice of Termination to the CONTRACTOR without cause shall be effected b D. RACTOR as provided for herein. by delivery of written Maps, Drawings,In the event of termination, all finished or unfinished whether p Plans, Specifications paper Sp, shall immediately other documents preparedthe CONTRACTOR, CTOR, CITY and ther CON immediately become and CONTRgCTOR, TRACTOR shall be entitled to receive property any work satisfactorily completed on such documents and other PertY of be delivered to the of the Notice sofatisfactorily Te justrand equitable compensation caused the nni action, not to exceed the materials up to the and esse any damages g material shall IT vest in y the e CITY ' amounts payable rfter, ohereunder, less any R s breach, e any. Thereafter, ownership of said vvritte�' all rights set forth in Section 6. E. The CITY further reserves the right Agreement upon: (1) the filing of a reorganization the petition in bankruptcy to immediately terminate this reorganization, changeofin business CONTRACTOR for P Y affecting the CONTRACTOR; the benefit of creditors; or CTOR; (2) a name or change in business status of the CO (3) a business in20. writing, CONTRACTOR. All notices or other communications re hereunder(Federal shallls be the like); and shall be personally delivered; required or permitted receipt Express or sent by registered or certified or sent by overnight sent b or sent by ordinarymail gat mail y telex,t tbleco mail, postage prepaid; telegraphed prepaid, return deliveredr earlver of or if personally by l, facsimile or fax; P or deemedtesec or cabled; the such nonce, (ii) if sent bydelivered, the date of deliveryand shall dbe ss of the received u mail notice, overnight mail, the business da to the address Pon facility, (iii) if mailed by registered Y followingperson to receive the address is outside the , certified or ordinary its deposit in (tennch overnight mil State of mail, five (5) days , or other facility California))after the date of deposit ( )days if chute,y or nth likeor cable y regularly maintained byP sit inStates a post office given(vif given ' when delivered to the telegraph the United wPostal Service, id, if direction or other bytelex, telecopy, facsimile or fax company with charges request, met communication delivered or sent Shsn sent. An g Prepaid o� dollowing persons: Y notice, ecdemand, pacified above shall be directed to the To the CITY: Stephen M. Kirkpatrick City Engineer City of National City Boulevard 1243 National CityCA 91950 National City, To the CONTRACTOR: Martin Flores, R.L.A. and Planning Director of Urban Design Rick Engineering, Inc. 5620 Friars Road San Diego, CA 92110 shall be given by written notice in the manner Notice of change of address or the inability to deliver because of shaltb acceptdeemedor toh inability to receipt of ec use o chspanged in this Section. which no Rejection othersgivenrefusal to e demand, direction of or other changed address of orcommunication no notice was nnotice, request, demand, request by cable, caex, sent. Any cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight sent in this Section. eight (48) hours by letter mailed or delivered as specifiedPOLITICAL FORM ACT CONFLICT OF INTEREST ANDperform 21 • cement, the CONTRACTOR shall not the term of this Agr rya with those the OBLIGATany ki During erson or entit whose interests conflict i anyy product, ose of the kind for any p y services of any The CONTRACTOR also agrees not to specify City ssof National City. in which the CONTRACTOR has a material financial interest, process director or indirect, for the project the CITY of that fact. The CONTRACTOR shall either or iply w t, without firstthepnotifying Reform uan itselfNational and shall of all times comply with the terms of the POirmmediat 1y disqualify andthe National City Intere its at CONTRACTOR shall n not useh the official fcial Code. Theo CONTRA way any matter coming beforeent Code CITY Section 87103.whiThe CONTRACTOR position to influenceroan in any e of any financial interests that would require CONTRACTOR rehresentathatlit has no knowledefined dg in Gove CONTRACTOR rep matter on which it might perform services for the CITY. it to disqualify itself from any h The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or bythe ex enses the CITY may suffer by virtue of any violation of this Paragr p p CONTRACTOR. 22. MISCELLANEOUS PROVISION. erred provided for in A.Complegal holiday, then such date Computation of Time Periods. If anydate or time Sunday or federal, state or whichhenis not a this automata is or ends to a Saturday, p.m.Pacific Time of the next day shall automatically be extended until a�101 oday. Saturday, Sunday or federal, state or leg' B. Counterparts. This Agreement may be executed in multiplecounterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. ■ Exhibit A — Scope of Services and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ,7/G, - Cll,6ik e--V'44 GD, /NVCn (Two signatures required) By: By: Stephen M. Kirkpatrick, (Nam City Engineer APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Title erne) 1/1744 k6/- /'rov (Title) 10 EXHIBIT "A" 11 Rick Engineering — Urban Design and Planning 512/2006 METHODS TO ACCOMPLISH THE WORK The proposed scope outlined below represents the range of investigations and concept generation needed to prepare the Bikeway Master Plan. The issues are to integrate public input, identify community impacts, identify funding sources, evaluate existing local and regional bike facilities into a new system, identify geographical constraints and ensure that the development of the cycle linkages are promoted through land use, policy and transportation planning. Working closely with the City, cycle organizations, and other community and business stakeholders, the Rick Team will consider the full range of physical, social, political, and economic factors that must come together to implement a viable development criteria and program within the National City project area. We will build critical City, stakeholder agency, and community support through a proactive design process where stakeholders are actively engaged, concerns addressed, and hopes realized. The core of this proposal is that we recognize that there are indeed significant existing opportunities for a bikeway system within the City and that these existing opportunities, combined with new cycle routes and facilities, can be a catalyst to connecting cyclists to the downtown, job centers, schools, recreational areas and transportation centers within National City. Given the current regional cycle routes on the border of National City, one key challenge will be to investigate bikeways that are continuous and are appropriate to the street classifications, traffic volume, and speed on all right-of-ways. Additionally, the means of how new and integrated bikeway improvements can provide a clear sense of place, discovery, and arrival will be an important aspect to any new bike infrastructure investment. It is important to note that the key to any successful plan is to have clear implementation measures, which include looking at early, intermediate, and long term measures to sustain continued development built around bike facilities and transportation. TASK 1— EXISTING CONDITIONS SURVEY Task 11 Refine Scope of Work and Project Area • Review and refine proposed project area, scope, and budget with City staff. Task 1.11— Project Set Up • Develop and agree upon a project schedule and manual to be applied throughout the entire project. • Reconfirm appropriate review processes/committees. • Reconfirm with the City all stakeholders and regulatory agencies to be engaged during the planning and design process. • Define all project deliverables, project meetings, public meetings with various stakeholders and interested property owners, interviews, and workshops, and integrate complied information into the master project schedule. • Work with the City to set up a working Technical Committee (to include all agencies, such as the National City Planning Department, transportation staff, and other strategic stakeholders recommended by the project engineer), to review all work and help guide the overall process 1 Rick Engineering — Urban Design and Planning 5/2/2006 Task 1.2 — Review of Existing and Current Planning • Review of updated General Plan Circulation Element, any existing bike facilities, and any relevant design guidelines. This includes reviewing State standards and accident data involving bicycles within the City. • Review the bikeway planning by other public agencies undergoing planning, which impacts the project area. Task 1.3 Review ofExisting Conditions Site Issues and Opportunities • Review the regional bikeway system to determine and evaluate continuity and flow characteristics of City routes into adjacent communities. • Assess all existing cycle routes. • Collect GIS data source. • Staff rides existing routes, and review existing data to ensure consistency. Deliverables • Existing Conditions Report to include GIS data and existing regional and local assessment. • Project schedule • Prepare a Bikeway Master Plan fact sheet to be distributed at public meeting and sent to stakeholders. • Prepare a stakeholder data base. • Work with National City information officer or Web Master to promote Master Plan and provide updates. Meetings • Meetings with the Technical Committee (1). • Meetings with other stakeholder groups as required (2) • Public Meeting #1 Community Meeting: Presentation of existing conditions and other successful bike systems TASK 2 — PRELIMINARY MASTER PLAN/ PREFERRED ALTERNATIVE PLAN Conceptual design illustrations for the entire area and key alternatives and their specific programs will be developed that outlines major and minor cycle routes, bike facilities, future and phased development, and key linkages. As the Team moves from the scale of the City and the design of bike routes within the project area, potential development sites may be tested through development of plans and sections. All designs will be done with to assure compliance with all key regulatory constraints, transportation realities, and to ensure maintenance and economic feasibility. Preliminary recommendations for Master Plan guidelines will be developed. One or a series of public meetings will be held to inform the community and gain feedback for the proposals. 2 Rick Engineering — Urban Design and Planning 5/2/2006 Task 2,1 • Define and illustrate alternatives for bikeway designs, transit options and recommendations, land use policies, facilities through plans, sections, and illustrations that translate the goals and visions. • Define and illustrate key elements of the design for each alternative from roadway configurations to potential bikeway systems. • Identify key implementation options for each alternative. • Develop and prepare preliminary multi -use transportation circulation plans and recommendations for the project area. • Develop and prepare a preliminary companion off bike parking plan, as part of the multi- circulation system connecting proposed parking structures, businesses, schools etc., in the city. • Estimation of project specific public improvements needs and costs Through a working meeting with the Technical Committee and community meeting a preferred alternative will be chosen to further develop and refine. • Complete illustrative final plans, sections, and illustrations. • Complete recommendations in regard to phasing, early implementation, and potential funding sources. • Bike route and parking recommendations including circulation plan, parking plan, roadway recommendations, transit recommendations, and recreational opportunities. • Preliminary Streetscape and infrastructure recommendations, guidelines, and standards. Deliverables • Alternative Plan with specific recommendations for bike routes, amenities, road improvements, implementation measures, funding sources. Meetings • Interactive meeting with the Technical Committee to establish working goals and vision. (1) • Meetings with other key stakeholder groups. (2) • Public Meeting #2 Community Meeting: Presentation of Alternatives and Preferred Alternatives TASK 3 — FINAL REPORTS This Task will culminate and document all the previous work and provide the following: Task 3.1 ■ Bikeway Master Plans that includes a plan, sections and illustrations. 3 • Rick Engineering — Urban Design and Planning 5/2/2006 • Key illustrated proposals will also be made for new bike links, new site and storage, amenities, connections to adjacent streets, , key street sections and regional connections. • Prepare key design criteria, bikeway guidelines, standards, and recommendations for the entire project area and document key regulatory constraints. • Develop and prepare multi -modal bikeway circulation plan for the project area. • Develop and prepare a companion bike -parking plan for the multi -modal circulation system connecting proposed parking structures and major bike facilities within the City. • Recommendations relative to phasing the implementation of the Master Plan. Deliverables • Final Bikeway Master Plan, plans, text, sections, and illustrations for entire site. • Implementation Plan with specific recommendations for first phase of development and infrastructure improvements. • Draft Final Report for Review. (5 colored copies and digital copy) • Final Report. (5 colored copies and digital copy) • Presentation Meeting to City Council_ (Information only) CITY OF NATIONAL CITY Rick Engineering - Urban Design and Planning - Hours By Staff - National City Bike Master Plan 1. Task #1 - Exisitng Scope Survey 2. Phase #2 - Preliminary Master Plan/Preferred Alternative Plan 3. Task #3 - Final Reports 22-May-06 $140 40 55 52 24 34 31 32 54 52 22 15 3 40 60 39.5 24 17 $ 14,554 $ 27,206 $ 23,450 $ 64,168 National City Bikeway Mast elan •• Public Outreach Budget Fact Sheet "- -.: r ::?.<= F:. rr....rz-r{�''. '• �•, n x �r� tf'.u $575 ur4 u. $175 5 _-0 $750 Database development '�.��� ._..... and maintenance sygcp r- E I $230 Y s 9 A§ % spy- a r .r.-.xec •c �. �. 10 Two formal •ublic meeti •s Four additional commun' meetin•s 6 $175 $1 050 As direct b team leader 8 Tg f�r1®iFP.. `::. :J 2 $850 13 $1,055 $1 055 MEM EWE EMI 6 [ J,.ttw �li.X w. I ut..:::: --IIMMIE31111111111MINII : 1 8C =12111:{ � $1,400 $4 525 $4 525 24 8 16 0 $2320 - *- Katz a Associates, Inc 1 of 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council approving a Conditional Use Permit for a Wireless Communications Facility on the A -American Self -Storage Building at 525 West 20th Street. Applicant: M&M Telcom for Cricket Communications) (Case File CUP-2005-25) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the May 16, 2006 public hearing, with the deletion of the condition regarding graffiti removal. The attached resolution is needed to follow through on the action. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON THE A-AMERICAN SELF -STORAGE BUILDING AT 525 WEST 20TH STREET. APPLICANT: M&M TELCOM FOR CRICKET COMMUNICATIONS CASE FILE NO. CUP-2005-25 WHEREAS, the City Council considered a Conditional Use Permit application for a wireless communications facility on the A -American Self -Storage building at 525 West 20th Street at the regularly scheduled City Council meeting of May 16, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2005-25, which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on May 16, 2006, support the following findings: 1. That the site for the proposed wireless communications facility is adequate in size and shape, since the antennas and 170 square foot equipment storage area will be located within and on an existing 21,850 square -foot industrial building. 2. That the site has sufficient access to streets and highwaysthat are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from a paved alley off West 20th Street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the bulk of the equipment will be located inside an existing building, and since the three small panel antennas located on the outside of the building will appear as small architectural features painted to match the building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cricket Communications wireless communications network, resulting in enhanced service for its customers. Resolution No. 2006 — June 20, 2006 Page 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 525 West 20th Street. 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-2005-25, dated December 29, 2006. 2. Building plans shall include a note that the rooftop cable trays will be painted to match the roof of the building. 3. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 4. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in. no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 5. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 6. The property owner shall submit a letter to Sweetwater Authority ("Authority") stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 7. 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 8. 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. Resolution No. 2006 — June 20, 2006 Page 3 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 12 ITEM TITLE Resolution Denying a Tentative Subdivision Map and Conditional Use Permit for the Proposed Conversion of the Van Linn Apartments (48 Rental Units) to Condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue (Applicant: Westone Management Consultants) (Case File No. S-2003- 7/CUP-2003-26) PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION At the City Council meeting of March 21, 2006, the applicant asked for a rehearing of the request. According to a communication dated May 17, 2006, the applicant is now considering another subdivision alternative (not involving conversion of the units to condominiums) and would like the matter continued indefinitely. Since the Council has already voted to deny the proposed condominium conversion, it would be appropriate to adopt the attached Resolution. A separate land division request could then be submitted at a later time and would require its own set of hearings before Planning Commission and City Council. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A f ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE PROPOSED CONVERSION OF THE VAN LINN APARTMENTS (48 RENTAL UNITS) TO CONDOMINIUMS AT 1905-1935 "J" AVENUE AND 1904-1934 "K" AVENUE APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2003-7/CUP-2003-26 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of the Van Linn Apartments (48 rental units) to condominiums at 1905-1935 "J" Avenue and 1904-1934 "K" Avenue on property generally described as: Block 6 of J. J. O'Brien's Subdivision of the southeast quarter of 20 acre Lot 2 in quarter section 133 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof no. 1068, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission considered said application at public hearings held on December 5, 2005, January 9, 2006, and February 6, 2006, and by Resolution recommended denial of the application; and WHEREAS, the City Council considered said applications at a public hearing held on March 21, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2003-7 and CUP-2003-26, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby denies the Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of the Van Linn Apartments (48 rental units) to condominiums at 1905- 1935 "J" Avenue and 1904-1934 "K" Avenue based on the following findings: FINDING FOR DENIAL OF THE TENTATIVE SUBDIVISION MAP FOR CONVERSION OF THE VAN LINN APARTMENTS TO CONDOMINIUMS The proposed Tentative Subdivision Map to convert 48 existing apartment units into condominium units is not consistent with the National City General Plan Housing Conservation Policy which states "consider, on a case -by -case basis, the conversion of existing apartments or other rental properties to condominiums, community projects, or stock cooperatives in order to provide additional home ownership opportunities at all income levels" since the project will reduce the range of existing rental .housing opportunities, by specifically removing larger (i.e. 2 and 3 Resolution No. 2006 — June 20, 2006 Page 2 bedroom) apartment units, which are in short supply and provide suitable housing for larger family households from the existing rental housing stock. Larger families are considered a special needs housing group because of their need for larger units, which are often limited in supply and therefore can command higher rents which can lead to overcrowding. Based on 2000 Census data, overcrowding disproportionately affected renters — 42.4 percent of renters versus 23.9 percent of owners lived in overcrowded conditions. Furthermore, the City's Housing Element indicates that the availability of three -bedroom units is limited therefore converting an existing apartment complex with larger units sizes would limit available housing for this particular segment of the community. FINDING FOR DENIAL OF THE CONDITIONAL USE PERMIT FOR CONVERSION OF THE VAN LINN APARTMENTS TO CONDOMINIUMS That the proposed conversion of the Van Linn Apartments into residential condominiums is not deemed essential and desirable to the public convenience and welfare, since the conversion will result in the displacement of a number of long-time residents of the community by removing existing large apartment units (i.e., 2 and 3 bedroom units), that are in short supply in National City and provide suitable housing for larger family households. This particular type of rental housing stock is limited within the City (City's Housing Element). Coupled with the need to provide adequate housing for larger family households, the conversion of an existing apartment complex with larger units sizes would not be deemed essential or desirable since this particular housing type would be reduced within the community. The proposed conversion of the Van Linn Apartments into residential condominiums is not consistent with Housing Element goals and objectives, since there are limited large unit size apartments (i.e., large 2 and 3 bedroom) within the community, therefore, the conversion to condominiums will result in a short supply of large unit size apartments. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 20th day of June, 2006. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney lEETING DATE 06/20/06 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute an Agreement with American Medical Response to Provide for Advance Life Support and Basic Life Support Ambulance Service to the City of National City PREPARED BY Donald Condon, DEPARTMENT Fire EXPLANATION Battalion Chief (619) 336-4550 The City's ambulance services contract with American Medical Response (AMR) will expire on July 30, 2006. The City released a Request for Proposal (RFP) seeking qualified providers to provide exclusive emergency and non - emergency ambulance service in National City. Through this RFP process, AMR was selected as the most qualified responding provider. City and AMR representatives have met, discussed and produced the attached agreement AMR, at no cost to the City, will provide basic and advance life support ambulance transportation services to the City. To ensure the continued delivery of quality emergency medical services and provide for future quality enhancements to the system, including the implementation of a Fire Department Paramedic First Responder Program, Staff recommends that this Ambulance Service Agreement with AMR be approved. This agreement will be in effect for a period of five (5) years with the ability to be extended twice for two (2) years each extension. This Agreement will provide for the City's ambulance service needs, ensuring that these services are delivered in an effective and efficient manner without a City revenue subsidy, while also supporting the Fire Department's Paramedic First Responder Program. Environmental Review X N/A Financial Statement No financial impact; Ambulance Services Agreement is a fee for service with no City revenue subsidy. Account No. STAFF RECOMMENDATION Adoption of City Council Resolution authorizing the execution of the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) i 1. Agreement between the City of National City and American Medical Response. 2. Resolution. Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH AMERICAN MEDICAL RESPONSE ("AMR") TO PROVIDE BASIC AND ADVANCED LIFE SUPPORT SERVICES WHEREAS, the City desires to employ a contractor to provide basic and advanced life support services within National City; and WHEREAS, after conducting an RFP process, the City has determined that American Medical Response is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with American Medical Response to provide basic and advanced life support services within National City. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. This agreement is entered into this 1st day of June 1, 2006 by and between the City of National City (CA), a municipal CITY ("CITY") and American Medical Response Ambulance Service, Inc. ("AMR") I. RECITALS A. The CITY, is a municipal corporation operating under general law of the State of California. B. The County of San Diego has contracted with CITY to administer the provision of paramedic ambulance services for the geographic area that is within the corporate boundaries of CITY and the Lower Sweetwater Fire Protection District. C. After a competitive selection process, CITY has selected AMR to provide exclusive ALS transport services within the exclusive bperating'area-administered by CITY. AMR is an experienced and qualified provider of ALS transport services. and is willing to enter into a performance based agreement with the CITY to provide such services within the exclusive operating area. It is not the intent of the parties to create, by this recital, any contractual rights of the above referenced entities that do not otherwise exist in law. IT IS, THEREFORE, AGREED BETWEEN THE CITY AND AMR AS FOLLOWS: D. Administration. The CITY designates the City Manager of the City of National City, or his/her designated representative, to administer this agreement on behalf of the CITY. AMR designates the CEO of AMR; West Region or his/her designated representative to administer this agreement on behalf of AMR. All reports, proposal, letters, notices and/or other correspondence shall be sent to the attention of the designated representatives at their respective addresses. E. Service Area. The service area shall be the exclusive operating area defined by the NATIONAL CITY AMBULANCE, SERVICE CONTRACT WITH AMR corporate boundaries of the City of National City and Lower Sweetwater Fire Protection District, hereinafter referred to as "CONTRACT SERVICE AREA," and may be modified as these corporate boundaries change and exist from time to time. This Agreement does not prohibit AMR from serving territory outside of these boundaries. AMR shall advise the CITY of the locations where AMR ALS ambulances that service areas adjacent to the CONTRACT SERVICE AREA are based, and shall advise the CITY of any changes in such service areas or base locations F. Term: This agreement shall begin July 1, 2006 and be in full force and effect through June 30, 2011, unless either party invokes Section IV number 3, :Termination" or it is extended through the provisions of extension clauses (Section IV number 4). II, RESPONSIBILITIES OF THE PARTIES A. Responsibilities of AMR. In furtherance of this agreement, AMR shall: 1. Provide and maintain, at no cost to CITY, a minimum of two (2) fully equipped, supplied and staffed advanced life support (ALS) type I or II Ambulances available for providing paramedic services seven (7) clays a week, twenty-four (24) hours per day on a year round basis. These units shall have as their principle station a location within, the City of National City, or othermutually agreeable location. AMR shall notify CITY of the locations where each Advanced Life Support Unit is principally posted and shall seek advice from CITY if a change of such location is determinednecessary. Each ALS Ambulance shall be staffed at a level consistent with County of San Diego protocols and/or requirements. For purposes of this agreement, Paramedics shall be individuals licensed by the State of California according to Title 22, CCR Division 9, Chapter 4 and accredited to practice as a paramedic by San Diego County. 2. Ensure all ALS ambulances be supplied and equipped in accordance with the standards promulgated by the County of San Diego. 3. Provide and maintain one mobile radio per ALS unit with status transmission capability, and one portable radio per ALS unit compatible with first responder fire agencies within the Contract Service Area. Page 2 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 4. Provide to the CITY copies of all written complaints received by AMR concerning ALS ambulance service within the contract area, within seven (7) days of receipt. The CITY will provide AMR with copies of all written complaints concerning the ALS ambulance service received by the CITY. AMR will prepare and, where appropriate, submit all reports required of paramedic provider agencies by the County of San Diego in connection with the ALS ambulance service, and AMR shall collect and maintain any other information or data required by the County. 5. Comply with all applicable governmental regulations and requirements in connection with the operation of each ALS ambulance, including the San Diego County Ambulance Ordinance and applicable Division of EMS policies and protocols. 6. Provide suitable facilities for stationing and maintaining each ALS ambulance in fully operational condition; develop mutual aid and/or call-up plans to provide ALS ambulance service in the area in the event the assigned ALS ambulances are not operable or are away from the area for other reasons. AMR agrees to work collaboratively with CITY in an effort to identify and implement opportunities to house ambulance units in City Fire Station Facilities for mutually agreed upon, market based rent or lease rates. 7. Maintain a comprehensive Advanced Life Support (ALS) Quality Assurance and Quality Improvement Program (QA/QI) designed to act proactively to improve the quality and efficiency of services in addition to identifying potential or existing clinical, operational, or equipment problems. This program shall utilize Six Sigma and Statistical Process Control techniques to identify, in a format that is mutually agreeable to the parties, improvement opportunities, trends, root causes and process variability. The focus of this program shall be to both ensure that the minimum standards and requirements of this contract are maintained and that the overall system and processes improve over time where reasonably possible. 8. Make available, and allow access, to First Responders employed by City, AMR's Continuing Education programs. Such training shall not result in any additional cost to AMR including, but not limited to, costs of educational materials, licensing fees, certification fees, employee compensation or other governmental fees. Page 3 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 9. AMR field supervisory staff shall be trained at ICS 300 level within 12 months of implementation of this agreement. 10. Include, or cause to be included, a mutually agreeable presentation of CITY name and/or logo on the two primary ALS units primarily stationed in the City. 11. As specifically requested by City in its Request for Proposals, pay City a Franchise Fee on a monthly basis. The amount of such fee is determined solely and at the absolute discretion of CITY. City represents, herein, that the purpose, need and necessity of such fee is to offset CITY costs for activities associated with providing and maintaining programs associated with emergency medical services care at an ALS-level and oversight of the ambulance contract:. Such costs are further defined, solely by CITY, as: a) Contract compliance (monitoring and enforcement) b) Medical Director services c) Support of the National City Fire Department's ALS Paramedic Engine Program, to include equipment, supplies, training and salary differentials. As this program is formally implemented, it may enable the AMR to utilize less stringent response time standards d) Franchise Fee payments shall be made in the following amounts by the loth of each calendar month during the term of this contract. CITY represents that these amounts reflect anticipated phased implementation of the NCFD Paramedic Engine Program. Payments will not be made by AMR unless and until CITY certifies that actual liabilities for these costs reasonably exist at the time of payment. Such certification shall be made no later than February 28 of each year of this contract. • Year 1 (June 2006 — May, 2007) - $14,403 per month for a total annual fee of $172,837.00 • Year 2 (June 1, 2007 — May 30, 2008) - $13,817 per month for a total annual fee of $165,806.00 • Year 3 (June 1, 2008 — May 30, 2009) - $16,666 per month for a total annual fee of $199,992.00 Page 4 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR g) h) • Year 4 (June 1, 2009 — May 30, 2010) annual fee of $244,255.00 - $20,355 per month for a total • Year 5 (June 1,. 2010 - May 30, 2011) - annual fee of $291,034.00 $24,253 per month for a total As specifically defined and requested by CITY in its Request for Proposals, provide City with funding up to $6,000 per year during the term of this contract, for uniforms, books and approved supplies for an Explorer Scout program whose purpose is to enhance EMS services within CITY. AMR will provide related training for the participants in this program. Such training shall not exceed a commitment of more than 40 hours/year for each year of the term of this contract. fl As specifically defined and requested by CITY in its issued Request for Proposals, provide support and assistance in the development of a Fire / EMS Technology Program in conjunction with National City Fire Department and Sweetwater High School. Provide funding of up to $6,000 per year for uniforms, books and supplies, or to fund scholarships for students to attend EMT training at Southwestern College. As specifically defined and requested by. CITY in it's issued Request for Proposals, establish an "Equipment Fund" of up to $50,000/year, to be funded annually by June 30th of each year of the term of this contract. These funds will only be provided to CITY to the extent that appropriate system costs, certified by CITY, are not met by other funding mechanisms included in this contract, including but not limited to Franchise Fees and/or Response Time Performance Penalties. Provide and/or fund "Six -Sigma training to a "Yellow -Belt Certification Level" for a maximum of 6 National City Fire Department Officers — with at least two officers during the first 12 months of this contract and the remaining 4 officers within the first 24 months of this contract. i) Maintain CAAS accreditation for the San Diego Operating Division for the term of this agreement. j) Implement an Electronic Patient Record System (ePCR) utilizing ROAM I.T., (ePCR) software or other mutually agreed upon software solution for ePCR purposes within 180 days of contract execution. Page 5 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR k) Provide CITY with access to AMR's Virtual Solutions Manager (VSM) platform within 30 days after implementation of this agreement. This includes passwords for Web access only and does not obligate AMR for any hardware or software implementation or support of this effort. 1) Make available to. CITY, EMT recertification / Refresher Training for National City Fire Department personnel twice annually during the term of this agreement. m) Provide to City a weekly Performance Report Card to the Contract Compliance Officer or designee. This weekly report card will include the following and be of a format mutually agreed upon by the parties: n) o) p) • System utilization and performance, • Weekly response time performance summary, • Response time and other performance data in the form of and capability indices and statistical process control charts for variable data by response zone (or other mutually agreeable aggregation to meet reasonable statistical validity standards) and level of response, • Results of any investigation into presumed 'special cause' variations in statistical process control chart data of response times or other key clinical or operational processes • Specific action planning to address any sub -standard response performance. Make available flu vaccine administration on an annual basis consistent with the program administered for AMR employees during the term of this Agreement. This program will be limited to "field staff' personnel employed in the Fire Department. Develop and implement a community education and outreach program which will include: Design, carry out and report on a quarterly basis the results of a comprehensive public education program designed to meet the specific needs of the citizens within the service area and carried out, to the reasonable ability of AMR, in a coordinated fashion with similar efforts of Page 6 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR q) CITY. The programs should focus on child, elderly and family health and safety issues and will include, but not be limited to, infant/child injury prevention and rescue, proper use of the 911 EMS system, and other programs related to widespread health system access issues. Development of a resource guide in conjunction with National City and other community stakeholders to educate the public about where low-cost or free resources exist, encouraging and empowering individuals to seek care proactively. r) Assure availability of a School Bus Safety Program, designed by AMR. s) t) u) v) Re -supply ALS and BLS First Responder supplies, on a one for one basis, all Medicare Allowable reimbursable supplies and equipment and medicines, excluding controlled substances, used on joint incidents only to the extent that AMR is able to billfor use of those supplies. Replacement of specific supplies will occur on scene when possible. Properly transport and dispose of all biological/medical waste generated by CITY within the service area while rendering services pursuant to this agreement. Provide ambulance support to the Fire Departments operating within the Contracted Service Area at major emergencies and multiple alarm fires. Nothing in this section is deemed to require AMR to take units out -of - service for this function unless a EMS patient situation develops on -scene — in which case an incident will be generated and a unit will be assigned to it. However, AMR will make reasonable efforts to provide such `stand-by' support as requested. Participate in disaster preparedness planning and training activities carried out by the governmental agencies within the service area and the County of San Diego. B. RESPONSIBILITIES OF CITY: In furtherance of this agreement, City shall: 1. Allocate and expend funds paid by AMR in ways consistent with federal government guidelines, law, rules, regulations and/or standing legal opinions Page 7 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR offered by the Office of Inspector General, Department of Health and Human Services. 2. Provide annual, or upon special request of AMR, written certification of costs and allocation of funds provided City for Explorer Program support demonstrating consistency of such costs and allocations with all applicable federal government guidelines, law, rules, regulations and/or standing legal opinions of the Office of Inspection General, Department of Health and Human Services. 3. Provide annual, or upon special request of AMR, written certification of costs and allocation of funds related to the franchise fee paid by AMR demonstrating consistency of such costs and allocations with all applicable federal government guidelines, law, rules, regulations and/or standing legal opinions of the Office of Inspection General, Department of Health and Human Services. 4. Provide annual, or upon special request of AMR, written certification of costs and allocation of funds related to Equipment Fund payments made by AMR demonstrating consistency of such costs and allocations with all applicable federal government guidelines, law, rules, regulations and/or standing legal opinions of the Office of Inspection General, Department of Health and Human Services. 5. Provide annual, or upon special request of AMR, written certification of costs and allocation of funds related to the payments made by AMR in furtherance of the development of a college Fire/EMS Technology Program made by AMR demonstrating consistency of such costs and allocations with all applicable federal government guidelines, law, rules, regulations and/or standing legal opinions of the Office of Inspection General, Department of Health and Human Services.. 6. Work in good faith in collaborating with AMR in aspects of this contract that require mutual agreement in furtherance of the services defined in this agreement. 7. Provide for a process for review and hearing of timely appeals for response time penalty assessments. 8. Act in good faith in the implementation of ALS services consistent with the defined Franchise Fee amounts. Page 8 NATIONAL CITY AMBULANCE SERVICE CONTRACT wax AMR Ill. INDEPENDENT AMR A. In the performance of the work, duties and obligations devolving upon AMR under this Agreement, it is mutually understood and agreed that AMR, acting by and through its employees, is at all times acting and performing as an independent Contractor. CITY shall neither have, nor exercise, any control or direction over the methods by which AMR shall perform work services and functions except those expressly stated in this agreement. No relationship of employer and employee is created by this Agreement, and AMR and its employees shall have no claim under this Agreement or otherwise against the CITY for employee benefits of any kind. IV. FEE AND CHARGES FOR SERVICES ALLOWED A. Fee Schedule. The CITY shall pay no fee or compensation of any kind to AMR under this Agreement, nor shall the CITY reimburse AMR for any costs or expenses in connection with this Agreement. AMR shall directly bill the individuals utilizing its services or appropriate third -party insurance carriers. B. Fees. AMR may charge the following fees for services rendered pursuant to this Agreement: 1. Ambulance Services Base Rate: $ 1,028.60 per transport 2. Calls for service during which patient care meets the criteria of "ALS2" as defined in the Medicare Ambulance Fee Schedule or successor versions thereof: $1,148.60 Charges. AMR may additionally charge for other related services, supplies and equipment. These services, supplies and equipment and the maximum allowable charges, subject to modification in paragraph "c" below, are identified in Exhibit "A" of this document and made a part herein. Page 9 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 4. Modification: AMR may modify fees and charges allowed by this agreement consistent with the following: a) On May 31, 2007 and each year thereafter on May 30, through and including May 31, 2011, AMR may, at it's sole and absolute discretion increase fees and/or charges for services provided under this contract in order to fully realize revenues sufficient to make up the projected annual increase in Franchise Fees. AMR shall make available to CITY for review, sufficient financial data including collection rates, to verify the needed rate increases to offset increases in Franchise Fee charges. Such financial data shall remain proprietary information of AMR and shall not be reproduced or disclosed in any manner which will make such information public record or accessible to public review without prior consent of AMR. b) On May 30, 2007, and each year thereafter, through and including May 31, 2011, AMR may, at its sole and absolute discretion, and if it has complied with the provisions of Chapter VII, Section G "CRITERIA TO BE CONSIDERED FOR EARNED CONTRACT EXTENSIONS AND RATE INCREASES" in the ambulance service RFP (RFP# GS0506-6), submit a request to National City to increase fees and charges for services provided under this agreement by a percentage equal to the greater of the following percentages: (1) The percentage change on a year-to-year basis, measured on December 31 of each year of this agreement, of the "All Cities — Medical Care Services" component of the Consumer Price Index as published by the Bureau of Labor Statistics or comparable successor data; or, b). The percentage change on a year-to-year basis, measured on June 30 of each year of this agreement of the median ALS Base Rate of the non -subsidized ALS Transport systems identified in Exhibit `B" of this agreement and made a part hereto. Should the jurisdictions change or the nature of the systems change such that they are no longer representative of non - subsidized ALS systems, the parties shall make reasonable efforts at modifying the jurisdictions or agencies in Exhibit `B" such that the intent of finding an approximate average of non -subsidized ALS systems in California is maintained. (2) AMR shall be responsible for providing CITY with the relevant data necessary for the implementation of the provisions of this section. Page 10 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR OPERATIONAL AGREEMENT A. Calculation of Emergency Response Times. Response times shall be calculated from the time of verification of address until the time that the ambulance notifies the dispatcher of its arrival at the scene of the incident, or such arrival is verified by technological means of vehicle location, or until the ambulance is cancelled by the dispatcher. When an ALS unit fails to reach the scene within the response time standard, it is considered an response time compliance violation. B. Response Time Standards. AMR shall comply with the following response time standards (listed in Table 1) for all emergency ambulance responses within the service area defined within this agreement subject to the exemptions listed in subparagraph 18a through 18i. Table 1— Response Time Standards Emergency Incident in District(s) with ALS Engine Company Coverage 11 minutes, 59 seconds 90% of applicable incidents or greater Emergency Incident in District(s) without ALS Engine Company Coverage 9 minutes, 59 seconds 90% of applicable incidents or greater Non -Emergency ALS Incident response received through 911 19 minutes, 59 seconds 90% of applicable incidents or greater C. Response Time Definitions and Change Requirements 1. District Definitions - With specific reference to Table 1 above, Districts are defined as the geographic boundaries of the National City Fire Department "Battalion Designations" of District 31 and District 34 as they exist on May 31, 2006. "Districts with ALS Coverage" are those districts that CITY has identified and provided notice to AMR, of having ALS/paramedic first responder level services available consistent with County protocols and regulations. Such notice shall be provided to AMR at least 30 days prior to any change in this status and Page 11 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR response time standards will apply at the end of that 30 day period. Inability of CITY to staff consistent with this notice shall not mandate a change in response time standards until a 30-day period has passed from the receipt of written notice by AMR. 2. "Emergency Responses" are defined as all calls received and dispatched by AMR through the 911 system. At such time as CITY adopts priority dispatch protocols, parties will meet in good faith to determine definitions of "Emergency" and "Non -Emergency" response categories relative to this section. 3. City Wide Response Time Compliance - In addition to the District response time identified above, AMR shall maintain a city-wide response time compliance level of 90% or greater to both "Emergency" and "Non -Emergency' Incidents. 4. Automatic Response Time Exemptions — Calculation of monthly response time performance in relation to the standards defined in Table 1 above shall include all emergency responses within the service area to which AMR is dispatched and which results in an emergency response and a patient contact, except that the following calls shall be exempted: a) In case of multiple ambulance responses to a single incident, only the response time of the first arriving unit shall be counted in the compliance computation. b) Priority of call upgraded/downgraded during call. If call is upgraded during progress of call, response time shall be measured from the point of notification of the ambulance that the call has been upgraded in priority. If a call is downgraded during responses, ambulance shall have 15 minutes from point of notification of downgrade to arrive on scene. c) Calls received during a declared local emergency, state of war or disaster. d) Calls to a scene or scenes related to an activation of "Annex D" of the San Diego County Multi -Hazard Disaster Plan. D. Response Time Exemptions and Reports — AMR shall provide CITY with reports as outlined below. All reports shall be submitted to the Contract Compliance Officer on or by the Page 12 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 10th day of eachcalendar month. Each report will be developed collaboratively between AMR and Contract Compliance Officer within thirty (30) days of the execution of this agreement and modified over time at the request of the Contract Compliance Officer 1. Response Time Exception Report shall be submitted to the Contract Compliance Officer for all incidents over the response time performance standard in accordance with Section 16 above. The Contract Compliance Officer shall be responsible for determining response time compliance and to which incidents will be granted an exemption from the Response Time standard. Such determinations shall be based upon a reasonable person standard. 2. An "Emergency Response Time Performance Report" 4. a) b) A "Non- Emergency Response Time Report" CITY shall ensure that the Contract Compliance Officer shall provide a written recommendation to AMR and CITY within seven (7) days of receipt of the Response Time Exception Report. AMR may appeal the Contract Compliance Officer's recommendation to the CITY Contract Compliance Committee. After review and consideration of appropriate information and/or evidence in support of the appeal, the decision of the CITY Contract Compliance Committee shall be provided to AMR in writing. The monthly calculations of AMR's response time performance shall include every non -exempted emergency request origination from within the district that results in an emergency response (for emergency response time compliance rate calculation purposes) or a non -emergency response (for non -emergency response time compliance calculation purposes). The types of situations for which exceptions may be considered include: Canceled Responses - Response canceled prior to the unit's arrival at scene (except for excessive response times). These cases may be removed from response time interval calculations. Declared disaster - The Contractor may apply for an exception to response time standards during times of declared "emergencies" as determined by the Fire Chief or their designee. Page 13 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR c) d) e) f) g) Unusually severe weather - Responses during a period of unusually severe weather conditions when such response time compliance is either impossible or could only be achieved at a greater risk to EMS personnel and the public than would result from a delayed response. The contractor shall make such requests in advance of the coming weather event to the Contract Compliance Officer. Incorrect, inaccurate or incomplete dispatch information received from the reporting party or other Public Safety dispatching agency. Non-existent address. Unavoidable delay caused by traffic congestion which is the direct result of the incident to which the ambulance is responding and to which there is no easily identifiable alternative route identified prior to the ambulance's commitment to that route. On incidents requiring crew "stand -back" for safety of ambulance personnel, the on -scene time shall be recorded as the time the unit arrives at an appropriate staging area. h) Any other exception for "good cause" that CITY may, at CITY'S sole and absolute discretion grant. 5. AMR may appeal the findings of the Contract Compliance Committee to the City Attorney of CITY. City Attorney shall review the applicable facts, contract requirements and relevant circumstances and the aspects of AMR's appeal. The City Attorney may uphold, deny or modify the findings of the Contract Compliance Committee consistent with the provisions of this Agreement. The decision of the City Attorney shall be final and binding. Use of Consultants by City - CITY may seek and utilize input and consultation from any source it may deem appropriate to assist it in rendering a reasonable and prudent determination of response time exemptions, except that any delays caused by such consultation shall not result in a material detriment to AMR. CITY agrees that no proprietary information including system status management plans, shall be divulged to any entity or organization in, or likely to be in, competition with AMR. Page 14 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 7. Inclusion of Exempted Calls in Compliance Reports - Calls granted exempt status shall be reported as a category within the compliance reports required herein and shall be excluded from compliance calculations and their number shall be included in the total population of calls received. 8. Monthly Compliance Reporting: AMR shall file a report of response time compliance on a monthly basis. A report with the corrected; uncorrected response time compliance data shall be submitted. Such uncorrected data shall be used for planning purposes only. The monthly compliance reporting form and format will be developed by the CITY and AMR within thirty (30) days of signing the contract agreement and modified over time at the request of the Contract Compliance Officer E. Penalties Provisions for Performance Deficiencies: 1. Failure to Properly Equip and Supply Unit — AMR shall make reasonable efforts to ensure that all units are supplied and equipped to standards defined by the County of San Diego. In the event that, after investigation, CITY finds that either: a) b) an ambulance controlled by AMR responded to an incident not equipped and/or supplied to such standards, and the lack of equipment or supplies significantly impacted care to a patient or patients proper equipment or supplies were discovered to be missing upon an unannounced or scheduled inspection of an ambulance available for service by the Contract Compliance Officer or their designee. AMR shall be assessed a penalty of $500 for each call so responded to or for each failed inspection. 2. Failure to Furnish Required Documentation — In the event AMR fails to furnish normally prepared or readily available reports or data to CITY subject to request of CITY, CITY shall provide notice to AMR giving reasonable time to deliver said data or reports. Reasonable shall be mutually agreed to by the parties considering such variables as, including but not limited to, AMR's access to data, degree of data segregation and/or analysis, AMR's capabilities to produce and provide such data or reports and the relative cost/benefit relationship of such Page 15 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR request. In such event as AMR does not provide CITY with such data or report in such mutually agreed upon time frame, CITY may impose a penalty of fifty dollars ($50) per day for each day that requested data or report is not provided to CITY. Such penalty shall not be applied in cases where the cause of the reporting deficiency is beyond the reasonable control of AMR. 3. Preventable Mechanical Failure — In the event that an ambulance providing services pursuant to this agreement experiences a preventable mechanical failure (vehicular breakdown causing the vehicle to be no longer operable) while responding to a call and/or while transporting a patient to the hospital, a penalty of $500 may be assessed. 4. Failure of Crew to Report On -Scene Time — For each incident that an ambulance crews fails to report an on -scene time, and the on -scene time for that incident cannot be captured by other electronic mechanism, CITY shall assess AMR a penalty of $500. 5. Emergency Response Time Compliance Fines for Response Districts - In the event that the aggregated response time compliance rate for Emergency Responses in either Response District, subject to exemptions based upon this agreement (Adjusted Compliance Rate), falls below 90%, the following fines will be imposed on AMR: • Adjusted Compliance Rate of 87.50% to 89.99% - $1,000 penalty • Adjusted Compliance Rate of 85.00% to 87.49% - $2,000 penalty • Adjusted Compliance Rate less that 85.00% - $3,000 penalty 6. Non -Emergency Response Time Compliance Fines for Response Districts - In the event that the aggregated response time compliance rate for Non -Emergency Responses in either Response District, subject to exemptions based upon this agreement (Adjusted Compliance Rate), falls below 90%, the following fines will be imposed on AMR: • Adjusted Compliance Rate of 87.50% to 89.99% - $1,000 penalty Page 16 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR • Adjusted Compliance Rate of 85.00% to 87.49% - $2,000 penalty • Adjusted Compliance Rate less that 85.00% - $3,000 penalty 7. NATIONAL CITY will inform Contractor of all final decisions of the Contract Compliance Officer (CCO) as to their final decisions regarding any performance failure for which Contractor was responsible and shall invoice Contractor for any fines and penalties assessed at the end of the monthly performance review meeting with the CCO. Contractor shall pay NATIONAL CITY all fines within 45 days of receipt of the notification. A late payment charge of five percent (5%) will be assessed monthly if no payment is received after the 45th day of receipt of the notification. VI. ADMINISTRATIVE PROVISIONS A. Modification. This Agreement may be modified at any time by the written consent of the parties. This document, however, fully expresses all understandings of the parties concerning the matters covered herein. No addition to or alteration of the terms of this Agreement and no verbal understanding of the parties, their officers, agents of employees, shall be valid unless made in the form of a written amendment of this Agreement, and duly approved and executed by the parties' authorized representatives. B. Title to property. Title to expendable and non -expendable property whose cost was borne in whole by CITY shall remain vested in the CITY upon termination of this agreement. Title to such property whose cost was borne in whole by AMR shall remain vested in AMR upon termination of this agreement , with the exception of items purchased with franchise fees, equipment fund, explorer post or school fund monies. C. Assignability — Neither party shall assign this Agreement, or any interest therein, without the prior written consent of the other party. D. Termination: This agreement may be terminated by either Party at any time, without cause, by mutual consent, subject to the following conditions: Page 17 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 1. Party wishing termination must give written notice to the other Party of desire to terminate; and, 2. Both parties must agree to attempt good faith negotiation to resolve any differences, unless otherwise is agreed to by both parties; and, 3. The date of termination shall not be less than one hundred eighty (180) calendar days for the end of negotiations, unless otherwise agreed to by both Parties. 4. Terms for termination and plans for continuation of service are agreed to by both parties 5. Ultimately, both parties must agree to any te, urination of contract on a `without cause' basis. E. Extensions: 1. AMR will be eligible for two (2) additional extensions of this agreement with mutually agreed to amendments, each for a period of two (2) additional years. Such extensions shall be granted at the absolute and sole discretion of CITY. AMR will be eligible for consideration of extensions if it has demonstrated compliance to the following: a) Clear evidence that the management staff has training in contemporary ambulance industry techniques for quality/performance management b) Clear evidence that the management staff has training in the interpretation of statistical process control (SPC) charts and capability indices (CI) (e.g. six sigma green belt certification; SPC and CI training from a recognized educational program; or equivalent as determined by the CCO) c) Consistent demonstration of use of statistical process control methods to monitor and improve overall performance and performance of individual operational and clinical processes Page 18 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR d) e) Consistent demonstration of actions taken by AMR to differentiate between common and special cause sources of variation where SPC chart data points fall outside control limits or data point patterns met the special cause criteria of the Western Electric or other widely recognized rule sets for SPC pattern analysis. Consistent demonstration that where unfavorable special cause variations were discovered, investigations were made to identify and mitigate or remove contributing root cause factors. f) Consistent demonstration of a regular schedule of AMR self -assessments (e.g. annually or bi-annually) using the Baldrige Criteria for Healthcare Excellence (www.quality.nist.gov) and the execution of action plans for improvement based on the results of those self -assessments. The criteria set used for the California Excellence Award (www.calexcellence.org) may be used in lieu of the Baldrige Criteria. g) h) Consistent submission of response time performance data in the form of statistical process control charts for variable data, in X-bar S format, where each day represents one data point on the control charts. Consistent submission of monthly reports of aggregated emergency response time performance data in the form of a one -tailed capability index where the specification limit corresponds to the emergency response time requirement set forth in this RFP i) Consistent submission of monthly reports of aggregated non -emergency immediate response time performance data in the form of a one -tailed capability index where the specification limit corresponds to the non - emergency immediate response time requirement set forth in this agreement j) k) Demonstration of efforts and significant results to improve time process performance over time, as reflected by improvements in the process capability indices. With respect to all response time reports in this section, the data reported shall not be utilized to judge response time conformance unless and until a minimum. of 100 data points have been achieved, regardless of whether such time exceeds a given calendar month. Those 100 data points may Page 19 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR include the underlying data points from which individually charted data points, corresponding to individual calls, are plotted in the SPC charts, F. Hold Harmless 1. AMR shall indemnify and hold harmless CITY, their agents and employees from and against all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance by AMR of the services specified in this Agreement which are caused by any negligent act or omission of AMR, any subcontractor of AMR, or anyone directly or indirectly employed by AMR or its subcontractors. 2. CITY shall indemnify and hold harmless AMR and its agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees, arising out of or resulting from the performances by CITY of its obligations specified in this Agreement which are caused by any negligent act or omission of CITY, any subcontractor, or anyone directly or indirectly employed by CITY or its subcontractors. G. Insurance 1. General Liability. AMR shall obtain and maintain at all times any insurance policy insuring against loss from any personal liability or property damage arising from any operation or activity of AMR, its agents or employees as provided for in this Agreement. Minimum coverage shall be $10,000,000 combined Single Limit Liability. The policy shall include comprehensive, premises -operations, products/completed operations hazard, contractual insurance, broad form property damage, personal injury and ambulance attendants' error and omissions coverage. 2. Automobile Liability. AMR shall maintain a comprehensive form including owned, non -owned and hired vehicles. 3. Workers Compensation and Employer's Liability. AMR shall have in effect during the contract period, Workers Compensation and employer's Liability Insurance providing full statutory coverage. Page 20 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 4. A copy of all policies of insurance shall be filed with CITY and shall name the CITY as an additional insured. Such policies shall specify that the policy may not be terminated, altered or cancelled without thirty (30) days prior written notice to CITY by the insurance company. H. Non -Discrimination Provisions: AMR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. AMR will take positive action to insure that applicants are employed without regard to their age, race, color ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. AMR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. I• Records. 1. AMR shall maintain accurate books and accounting records relative to this Agreement. Such books and records shall be open for inspection and/or copying at any reasonable time by the CITY or their designated representatives, and the auditor of the County of San Diego or his/her designated representatives. CITY and AMR shall cooperatively establish mechanisms for compliance with HIPAA and/or any subsequent regulations or standards specifically addressing privacy of patient medical records related to performance of this agreement. J. Major Breech — Certain conditions and circumstances shall, as determined by CITY, constitute a major breach of this Agreement by AMR. These conditions and circumstances include, but are not limited to: 1. Failure of AMR to operate the ambulance service system in a manner which enables the CITY and AMR to remain in substantial compliance with the requirements of applicable federal and state laws, rules and regulations 2. Failure of AMR to maintain adjusted response time compliance rates for each Page 21 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR calendar month in which the Contractor has met less than 90% of the response time standards in aggregate and/or in each zone, NATIONAL CITY shall declare the Contractor as non -compliant and in breech of contract if in any 12 consecutive month period the Contractor maintains a response time performance level at less than 90% monthly compliance in any four (4) months or two consecutive months. 3. Intentionally, or a pattern of, supplying to the CITY false or misleading information or supplying information so incomplete as to effectively mislead. 4. Falsification of data supplied to the CITY during the course of operations, including by way of example but not by way of exclusion, dispatch data, patient report data, response time data, financial data, or downgrading of presumptive run code designations to enhance AMR's apparent performance, or falsification or deliberate omission of any other data required under this Agreement. 5. Failure by AMR to cooperate with and assist the CITY in its takeover of AMR's operations after a Major Breach has been declared by CITY, as provided for herein, even if it is later determined that such breach never occurred or that the cause of such breach was beyond AMR's reasonable control. K. Declaration of Major Breach and Takeover of Service — In the event that the CITY designated CONTRACT administrator determines that a major breach has occurred and such determination is brought to and approved by the City Council, and if the nature of the breach is, in the Director of Health Services' of San Diego County opinion, such that public health and safety are endangered, and after AMR has been given notice and an opportunity to appear before the City Council and the Director of Health Services, AMR shall cooperate completely and immediately with CITY to effect a prompt and orderly takeover by CITY of AMR's operation in the Contract Service Area, subject to AMR's right to seek an injunction or other alternative provided AMR by law. L„ Severability: Should any provision, section, paragraph, sentence or work of this Agreement be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, then the remaining provisions, sections, paragraphs, sentences and words shall remain in full force and effect. M. No Third Party Beneficiaries: This agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties; and no third party or parties shall Page 22 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR have any right of action hereunder for any cause whatsoever. N. Waiver Provision: The waiver by any party to this agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. O. Applicable Laws: CITY and AMR shall provide services in accordance with all applicable administrative regulations, local, state and federal laws, regulations and directives, and any changes or amendments thereto, including those described in this Agreement and any exhibits to this Agreement. The laws of the State of California shall govern this Agreement. P. Contract Amendments: No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties. Q. No Influence on Referrals: It is not the intent of either party to this agreement that any remuneration, benefit or privilege provided for under this Agreement shall influence or in any way be biased on the referral or recommended referral by either party of patients to the other party or its affiliated providers, if any, or the purchasing, leasing, or ordering of any services other than specific services described in this Agreement. Any payments specified in this Agreement are consistent with what the parties reasonably believe to be the fair market value for the services provided. R. RFP #GS0506--6: Refer to RFP #GS0506-6 for clarification regarding the implementation and enforcement of this agreement. Items which are found within RFP #GS0506-6 are in effect and covered within this agreement. VII. PERFORMANCE SECURITY PROVISIONS A. NATIONAL CITY shall require a Performance Security, provided that the Contractor may furnish such performance security by either the two methods listed below, or by a combination of the two methods approved by NATIONAL CITY. Contractor must obtain and maintain, throughout the term of the contract, a performance security in the amount of two hundred fifty thousand dollars ($250,000.00) in one of the following forms: Page 23 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR 1. An irrevocable letter of credit issued pursuant to this provision in a form acceptable to NATIONAL CITY Counsel and from a bank or other financial institution acceptable to NATIONAL CITY, the terms of which shall recognize and accept the contract's requirements for immediate payment of funds to NATIONAL CITY upon determination by NATIONAL CITY that, pursuant to provisions set forth herein, the Contractor is in major default and that the nature of the default is such that the public health and safety are endangered, and recognizing that any legal dispute by the Contractor or the creditor shall be initiated and resolved only after release of the performance security funds to NATIONAL CITY; or 2. A cash deposit, which must be deposited with an escrow holder acceptable to NATIONAL CITY and subject to an escrow agreement approved by NATIONAL CITY. Any interest earned on the cash deposited as the performance security shall accrue to the benefit of NATIONAL CITY. B. The performance bond or irrevocable letter of credit furnished by the Contractor in fulfillment of this requirement shall provide that such bond or letter of credit shall not be canceled by the issuer of such bond or letter for any reason except upon thirty (30) calendar days advanced written notice to NATIONAL CITY of the intention to cancel said bond or letter of credit. Not later than 20 days following the commencement of the 30 day notice period, Contractor shall provide to NATIONAL CITY replacement security acceptable to NATIONAL CITY. Failure to meet the bonding requirements after cancellation of a bond shall be determined to be a material breach of contract. VIII. LAME -DUCK PROVISIONS A. Should the Contractor fail to win the proposal in a subsequent competitive process, NATIONAL CITY shall depend upon the Contractor to continue the provision of services required under this contract in the manner and scope and at the level so prescribed until such time as the subsequent winning proposer takes over. B. Under these circumstances, NATIONAL CITY recognizes that the Contractor would, for a period of at least several months, be functioning as a "lame -duck" operator. C. During such period of time, the Contractor is expected to continue all operations at Page 24 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR essentially the same level of effort and level of performance as were in effect prior to the award of the subsequent proposal. The Contractor shall specifically be prohibited from making any changes in the Contractor's methods of operation which would reasonably be considered to be designed primarily to reduce Contractor's cost of operations during the final stages of the Contract without the express written approval of NATIONAL CITY. D. In addition, the following shall apply in a given situation of "Lame -Duck" Contractor: 1. It is recognized that if a competing organization prevails in a future procurement cycle, or a Contract extension is not granted, the Contractor may reasonably begin to prepare for transition of service to the new Contractor during the 'lame -duck" period, and NATIONAL CITY shall not unreasonably withhold its approval of Contractor's request to begin an orderly transition process, including reasonable plans to relocate staff, scale down inventory, etc., so long as such transition activities do not impair Contractor's performance during the "lame -duck" period and said activities have received the prior approval of NATIONAL CITY. 2. Contractor agrees not to reasonably impede, penalize or otherwise create hardship for any employee desiring to explore employment opportunities with the subsequent Contractor. Specifically, employees shall be allowed to sign contingent employment agreements with the subsequent Contractor at the employee's discretion. However, in no way does this provision permit employees sharing with or divulging to the subsequent Contractor any information about the Contractor, current operations, personnel matters, etc. 3. The parties agree that raw data from the CAD for responses to National City during the period of this contract and any extensions as well as any other information, spreadsheets, reports, or data sets which may be required by this contract, whether in hard copy, tape or other electronic media, shall become the property of NATIONAL CITY at the conclusion of the Contract. 4. Contractor shall insure that compliance to all vehicle preventative maintenance schedules is current, and that all repairs are made on deficiencies found during routine inspections. Any alteration in the maintenance schedule of vehicles shall be expressly prohibited. 5. Any records required of NATIONAL CITY to maintain compliance with State or Page 25 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR Federal laws shall become the property of NATIONAL CITY. 6. Personnel records of employees shall, with the proper consent of employees, be released to NATIONAL CITY in a timely manner. However, any and all materials related to current employee salaries, wages, private contact information and/or benefits (medical, dental, pension, disability, etc.,) shall not be subject to public disclosure. 7. Unless otherwise specifically instructed, all requests for documents by NATIONAL CITY to the Contractor shall be met within two (2) weeks of written request for said documents. If not specifically requested, documents shall be provided by the Contractor to NATIONAL CITY at the end of the Contract term. 8. It is expressly understood and agreedto by both parties that any delay, lack of submittal of requested or required information, or impedance of any kind on the part of the Contractor as NATIONAL CITY attempts to exercise any or all of these provisions shall constitute an immediate breech of contract. In such case, the performance security shall be immediately encumbered by NATIONAL CITY. IX. EMERGENCY TAKEOVER A. In the event NATIONAL CITY determines in its sole discretion that a Default has occurred and the nature of the Default could endanger the public's health or safety, such Default shall constitute a Default of the Contract. In such event NATIONAL CITY shall give the Contractor written notice setting forth with reasonable specificity the nature of the default and the reason such default endangers the public health or safety. Contractor shall have the right to cure such default within thirty (30) calendar days of receipt of such notice unless to do so would likely immediately endanger the public's health, safety or welfare. Within five (5) days of receipt of such notice, Contractor shall deliver to NATIONAL CITY, in writing, a plan of action to cure and/or mitigate such default. If the Contractor fails to deliver such plan and/or fails to cure and/or mitigate such default (the determination of which shall be at the sole discretion of NATIONAL CITY), NATIONAL CITY may, in exercising an emergency takeover, utilize funds in the performance security escrow account to facilitate securing another temporary contractor or for temporary operation of ambulance services by NATIONAL CITY Fire Department personnel or another long-term contractor is engaged to perform the service. Page 26 NATIONAL CITY AMBULANCE SERVICE CONTRACT WITH AMR B. The Contractor shall have the right of appeal of findings of Default. The Contractor shall also not be prohibited from disputing any finding of Default through litigation, provided, however that such litigation shall not have the effect of delaying, in any way, the immediate takeover of operations by NATIONAL CITY. Nor shall such dispute by the Contractor delay NATIONAL CITY'S access to the funds made available by the performance security escrow account. The contractor specifically stipulates and agrees that the foregoing conditions are reasonable and necessary for the protection of the public health and safety, and any legal dispute concerning the finding that Default has occurred shall be initiated and take place only after the emergency takeover has been completed, and shall not under any circumstances delay the process of an emergency takeover or NATIONAL CITY'S access to performance security funds as needed by NATIONAL CITY to finance such takeover of operations. C. Contractor's cooperation with and full support of such emergency takeover shall not be construed as acceptance by the Contractor of the findings of Default, and shall not in any way jeopardize the Contractor's right of recovery should a court later find that the declaration of Default was made in error. However, failure on the part of the Contractor to cooperate fully with NATIONAL CTTY to affect a smooth and safe takeover of operations, shall itself constitute a breach of the Contract, even if it is later determined that the original declaration of Default by NATIONAL CITY was made in error. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. For the City of National City: For AMR: Signature Signature Name Name Title Title Page 27 CPR OXYGEN AIRWAY SERVICE PULSE OXIMETRY PULSE OX. DISP.SENSOR COMBITUBE INTUBATION NASAL PHARYNGEAL AIRWAY ORAL PHARYNGEAL AIRWAY KY JELLY G-TUBE BITE STICK BULB SYRING SUCTION SERVICE SALEM SUMP PUMP National City Services, Supplies and Equipment Charges $0.00 $69.47 $0.00 $35.09 $42.09 $98.22 $152.07 $25.19 $8.34 $0.00 $5.26 $4.29 $7.37 $0.00 $20.96 BVM DISPOSABLE UNIT $93.28 BVM, DISPOSABLE MASK $25.78 BVM TO ET ADAPTER $3.78 NASAL CANNULA $3.78 OXYGEN CONNECTING TUBIN $2.72 OXYGEN MASK, PEDIATRIC j $11 15 NON-REBREATHER MASK $11.83 NEBULIZER SET-UP . $9.06 IPPB TUBING W/MOUTHPIECE I $5.26 OXYGEN RESERVOIR $10.53 HUMIDIFIER WITH ADAPTER $18.85 ALCOHOL PREPS BETADINE OINTMENT BETADINE PREPS IV SET-UP 250CC IVSET-UP 1000CC ADDITIONAL 250CC BAG(S) ADDITIONAL 1000CC BAG(S) ADDITIONAL IV CATHETERS $0 $0.00 $0.00 $59.89_ $59.45 $7.77 $7.01 $12.42 rrtor rtncvrt $3.55 PRESSURE INFUSER 0 ARM BOARD $5 74 HYPODERMIC NEEDLE SYRINGE - ALL SIZES SYRINGE 60CC CATH-TIP LANCETS NEEDLE COFFIN CARDIAC DEFIBRILLATION BENZION SWABS DEFIB. GEL DEFIB. PADS ELECTRODE SET (ADULT/CHIC 12 LEAD EKG ZIP -STRIP DEFIB QUICK COMBO PAK FILTER LINE H (ADULT/PED) $0.89 $4.93 $6.70 $0.42 $0 $0 $1.60 $11.40 $39.96 $9.15 $11.24 $4.40 $16.26 Exhibit A FILTER LINE REG (ADULT/PED) NASAL LINE -ADULT NASAL LINE-PED NASAL LINE -INFANT OXISENSOR-ADULT LONG OXISENSOR-ADULT REG OXISENSOR-PED OXISENSOR-INFANT rug ACTIVATED CHARCOAL ADENOSINE ALBUTEROL ASPRIN, BABY ATROPINE IMG PLS ATROPINE MULTI -DOSE VIAL ATROVENT BRETYLIUM CALCIUM CHLORIDE 10ML DEXTROSE DIPHENHYDRAMINE DOPAMINE EPINEPHRINE 1: 1000 AMP EPINEPHRINE 1: 1000 MULTI. EPINEPHRINE 1: 10000 PLS GLUCAGON LASIX LIDOCAINE MORPHINE SULFATE NARCAN NITROGLYCERINE 0.4MG SPRAY NITROGLYCERINE 0.4MG TAB NITROGLYCERINE OINTMENT PITOCIN SODIUM BICARB. VERAPAMIL VERSED OB DELIVERY ASSIST OB KIT PORTA WARMER SKULL CAP SPINAL PRECAUTION SERVICE ADHESIVE TAPE BANDAGING SERVICE ABD PAD ACE WRAP EYE PAD KERLIX ROLL MULTI -TRAUMA DRESSING $9.94 $8.14 $13.11 $13.11 $20.75 $19.95 $21.85 $21.85 $60.48 $70.15 $14.93 $1.96 $25.78 $46.17 $1.09 $0.00 $25.78 $000_ $25.78 $25.04 $10.20 $91_41 $25.78 $116.13 $25.78 $28.96 $14.49 $72.90 $50.51 $36.49 $36.49 $11.03 $26.97 $0.00 $20.88 $0.00 $59.76 $75.76 $1.72 $191.40 $1.71 $0.00 $2.20 $6.19 $0.00 $8.85 $15.88 TRANSPORE TAPE TRIANGULAR BANDAGE VASELINE GAUZE 4X4 STERILE 4X4 NON -STERILE SPLINTING SERVICE SAM SPLINT CARDBOARD SPLINT MAST SUIT $0.00 $8.73 $7.37 $2.11 $0.00 $0.00 $96.26 $9.89 $0 BED PAN $8.20 URINAL $q 84 EMISIS BASIN $1.29 WASH BASIN $5.04 COLD PACK $8.43 HOT PACK $7.89 SCALPEL GLUCOSE TEST STRIPS THERMOMETER SHEATH $0.00 TYMPANIC COVER $0 RESTRAINT SEVICE $42.09 SOFT RESTRAINTS $20.62 BLANKET, DESPOSABLE $30.88 CHUX $2.46 NORMAL SALINE $7.58 STERIL WATER ' $10.53 INFECTIOUS PRECAUTION SERV $0 STERILE GLOVES I $3.78 NON -STERILE GLOVES $0.00 BODILY WASTES DISP. BAG $1.90 ISOLATION MASK $8.43 ISOLATION SUIT/KIT $56.13 ADDITIONAL AMR ATTENDANT $0.00 EXTRA CREW/LIFT ASSIST $0.00 TOLL CHARGE BORDER CROSSING $0.00 ALS2 CHARGE MILEAGE NIGHT CHARGE DRY RUN CHARGE $125.00 _-$17.55_ $70 87 $182,60 May 2006 Exhibit B Modification of fees and charges Percentage equal to the greater of the following percentage: (A) The Percentage change on a year-to-year basis, of "All Cities --Medical Care Services component of the Consumer Price Index as published by the Bureau of Labor Statistics. See below web address. http://www.b1s.gov (B) The median ALS Base rate of the non -subsidized ALS Transport systems identified below: Statewide Survey of Non -Subsidized ALS Systems ;4=a $ 750.00 $ 801.49 $ 609.00 $ 690.00 $ 678.50 $ 764.00 $ 844.71 $ 740.00 $ 614.56 n/a $ 820.00 n/a $ 704.28 $ 561.92 $ 580.00 $ 935.60 $ 1,070.15 fi $ 702.08 $ 799.00 $ 738.50 $ 575.00 $ 765.00 Coastal Valleys (Napa, Sonoma, Medocino) $ 802.00 $ Fresno Kings Madera (Fresno, Kings, Madera) Mountain Valley(Alpine, Amador, Calaveras, Mariposa, $ 712.36 802.00 Stanislaus) $ 901.35 North Coast(Lake, Del Norte, Humbolt) n/a Inland Counties(San Bernardino, Inyo, Mono) $ 825.69 Sierra Sacramento Valley(Nevada, Placer, Sutter, Yolo, Yuba) $ 745.69 AVERAGES (Mean) Increase Percentage Alameda Contra Costa El Dorado Imperial Kern County Los Angeles County Marin Merced Monterey Orange Riverside Sacramento San Diego San Benito San Joaquin San Luis Obispo San Mateo Santa Barbara Santa Clara Santa Cruz Solano Tuolumne Ventura Source: AMR rates and Statewide rate survey from Ventura EMS $ 749.85 8.06% City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 14 7.1-:—TEM TITLE Resolution of the City Council of the City of National City authorizing an emergency, sole source purchase of a digital voice logger and related hardware and software. Such expenditure to be funded through reimbursable FY05 Law Enforcement Terrorism Prevention Program funds in the amount of $16,895.83 and FY05 State Homeland Security Grant funds in the amount of $17,375.00 SHSG Acct. # 282- 411-910-515-0000. LETPP Acct. # 282-411-911-515-0000. r PREPARED BY L. Brent Roark, Operations Support Lieutenant EXPLANATION recording and archiving of telephone and radio transmissions. The voice logger is a vital component in officer safety, liability, and the review and investigation of police incidents. Parts and service for the current voice logger are no longer available. The service contract for the voice logger expires 05/31/06 and no vendor will provide maintenance or repair after such time. The current voice logger continues to fail, resulting in the loss of critical data. The immediate replacement of a voice logger system is imperative to maintain a fully functioning communications center consistent with industry standards. The digital voice logger to be purchased is the Dynamic Instruments DI Reliant CS5-HD6-DVD-1-SAL24 and DI Voice Vault DVD1-SAL24, and related accessories, hardware (DI and Dell) and software. National City Municipal Code section 2.60.230(A) provides that in the case of an emergency which requires the immediate purchase of supplies, materials equipment or contractual services, the City Manager may authorize the purchasing agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, subject to ratification by the City Council. Section 2.60.230(D) of the National City Municipal Code provides that the Purchasing Agent may dispense with the requirement s 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. DEPARTMENT Police The digital voice logger is a critical piece of communications equipment necessary for the Environmental Review ✓ NIA Financial Statement No negative impact; FY05 Law Enforcement Terrorism Prevention Program and the State Homeland Security Grant are reimbursable grants that require jurisdictions to order/receive equipment prior to being reimbursed for expenditures. The purchase is fully reimbursable. Account No. STAFF RECOMMENDATION Staff recommends the purchase of equipment from the FY05 Law Enforcement Terrorism Prevention Program and State Homeland Security Grant utilizing $34, 070.83. in City funds. Direct Staff to submit for reimbursement. Staff further recommends waiver of the bidding procedures per 2.60.230(A) and 2.60.230(D) of the City of National City Municipal Code. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN EMERGENCY SOLE SOURCE PURCHASE OF A DYNAMIC INSTRUMENTS DI RELIANT DIGITAL VOICE LOGGER SYSTEM IN THE AMOUNT OF $34,070.83 FOR THE POLICE DEPARTMENT WHEREAS, the digital voice logger is a critical piece of communications equipment necessary for the recording and archiving of telephone and radio transmissions; and WHEREAS, the digital voice logger is a vital component in police officer safety, liability, and the review and investigation of police incidents; and WHEREAS, the current digital voice logger utilized by the Police Department continues to fail, resulting in the loss of critical data, therefore, the immediate replacement of a digital voice logger system is imperative to maintain a fully functioning communications center consistent with industry standards; and WHEREAS, parts and service of the current digital voice logger are no longer available, the service contract expired on May 31, 2006, and no vendor will provide maintenance or repair after such time; and WHEREAS, it has been determined that the DI Reliant digital voice logger system by Dynamic Instruments at the cost of $16,695.83 will satisfy the needs and requirements of the Police Department; and WHEREAS, Section 2.60.230(A) of the National City Municipal Code provides that in case of an emergency which requires the immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, subject to ratification by the City Council; and WHEREAS, Section 2.60.230 (D) of the National City Municipal Code provides 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 finds an emergency and special circumstance to exist, and hereby waives the bid process and authorizes the purchase of a digital voice logger for the Police Department. PASSED and ADOPTED this 20th day of June, 2006. ATTEST: Michael Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT June 20, 2006 'EETING DATE AGENDA ITEM NO. %ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2005-2006 AND FOR FISCAL YEAR 2006-2007 PREPARED BY Bill Yeomans til DEPARTMENT Finance Ext. 4331 Budget & Investment fficer 15 EXPLANATION Each year cities in California are required to pass an Appropriations Limit ("Gann Limit") which increases based on a price factor and a population factor. This action selects the two adjustment factors and adopts the Appropriations Limit. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. (STAFF RECOMMENDATION Not Applicable BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9i991 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEARS 2005-2006 AND 2006-2007 WHEREAS Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the cost of living factors to be used in calculating the appropriations limit for fiscal years 2005-2006 and 2006-2007 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factors to be use in calculating the appropriations limit for fiscal years 2005-2006 and 2006-2007 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2005-2006 shall be $37,204,483, and for fiscal year 2006-07 shall be $39,041,351 as set forth in Attachment 1. PASSED and ADOPTED this 20t" day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Resolution No. 2006 — Attachment 1 June 20, 2006 City Of National City Gann Appropriations Limit 2005-2006 and 2006-2007 Appropriations Limit 2004-2005 $ 34,902,063 CA Per Capita Income Increase (A) 5.26% Limit Sub -Total $ 36,737,911 SD County Population Increase (A) 1.27% Appropriations Limit 2005-2006 $ 37,204,483 Appropriations Limit 2005-2006 $ 37,204,483 CA Per Capita Income Increase (A) 3.96% Limit Sub -Total $ 38,677,780 SD County Population Increase (A) 0.94% Appropriations Limit 2006-2007 $ 39,041,351 (A) Source — State of California, Department of Finance City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES June 20, 2006 AGENDA ITEM NO. 16 (;:TEM TITLE RESOLUTION AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) PREPARED BY Lin Wurbs, Asst CM ("ldl ` DEPARTMENT City Manager EXPLANATION The Local Agency Investment Fund (LAIF) was established by the State of California to enable treasurers to place idle funds in a pool for investment. The City of National City has approximately $28 million invested with LAIF. The intent of this resolution is to update the authorized signatories on file to reflect current management. Environmental Review ✓ N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION Approve Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR FISCAL YEAR 2006-2007 WHEREAS, pursuant to Chapter 730 of the Statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council of the City of National City does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein are in the best interests of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information as provided in that regard. BE IT FURTHER RESOLVED that the following City officers or their successors in office shall be authorized to order the deposit and withdrawal of monies in the Local Agency Investment Fund: George Hood, City Treasurer Chris Zapata, City Manager Lin Wurbs, Assistant City Manager Finance Director (Vacant) PASSED and ADOPTED this 215t of June, 2005. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT JUNE6, 2006 INEETING DATE AGENDA ITEM NO. 17 (ITEM TITLE WARRANT REGISTER #44 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-.1240 EXPLANATION Ratification of Warrant Register #44 per Government Section Code 37208. Environmental Review N/A Finan t rmtle. Approved By: Budget & Inv-' ent Officer Account No. STAFF recomnierid ralilication of these warrants for a total of $ 3,157,887.22 BOARD/COMMISSION ECOMMEN ATION �• ATTARHMANTA nt(IgO tilOgitc1W 2. Workers Comp Warrant Registers dated 5/3/06 3. Payroll Register dated 5/3/06 li Resolution No. A-200 (9/80) J City of National City WARRANT REGISTER # 44 5/9/2006 Payee Description chic no chk date amount SAN LEANDRO MARINA INN ADVANCED LODGING/STRASEN 208072 5/9/2006 277.20 STRASEN ADVANCED MEALS/STRASEN 208073 5/9/2006 94.80 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 04/21/06 208074 5/9/2006 1,480.00 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 04/14/06 208075 5/9/2006 1,443.00 ACE UNIFORMS & ACCESSORIES,INC WOOL BREECHES, INCLUDES PIPING ON EACH 208076 5/9/2006 861.97 ADVANTIDGE FARGO FULL COLOR RIBBON RESIN BLACK PANL 208077 5/9/2006 209.34 AGABAO REFUND CITATION #NC150523019/DISMISSED 208078 5/9/2006 50.00 AIRGAS-WEST MOP 45714 - GLOVES 208079 5/9/2006 64.00 ALL POINTS PUBLIC FUNDING, LLC NEW FIRE TRUCK LEASE PMT# 4 5/29/06 208080 5/9/2006 19,613.22 ALL THE KINGS FLAGS CA 4X6 NYLON FLAG, DYED H&G, #2042091 208081 5/9/2006 422.38 ' T,PHA PROJECT FOR THE HOMELESS ALPHA PROJECT FOR THE HOMELESS FOR 208082 5/9/2006 3,964.26 AMERICAN FORENSIC NURSES SUSPECT BLOOD WITHDRAWALS, URINE TESTS, 208083 5/9/2006 576.00 AMERICAN ROTARY BROOM CO., INC MOP 62683 - SWEEPER PARTS 208084 5/9/2006 425.71 ARCO GASPRO PLUS FUEL FOR CITY FLEET-RPLC CK#207721 208085 5/9/2006 21,359.18 ASBURY ENVIRONMENTAL SERVICES WASTE OIL SERVICE CHARGE 208086 5/9/2006 80.00 AUSTIN DOORS FURNISH AND INSTALL ONE COMPLETE 42" X 208087 5/9/2006 1,852.00 BANK OF AMERICA AIRLINE TICKETS/ HAZ MAT TRAINING 208088 5/9/2006 477.20 BEVERIDGE FIREHOUSE WORLD CONFERENCE/PARKING FEE 208089 5/9/2006 40.00 BUTLER'S MILL, INC. PLAYGROUND MULCH 208090 5/9/2006 3.467.57 CAPE FIRE/LTD MAY 2006 208091 5/9/2006 608.00 CALIFORNIA COMMERCIAL SECURITY MOP 45754 - PADLOCK 208092 5/9/2006 84.43 CALIFORNIA LAW ENFORCEMENT CEB CHEVRON USA, INC. "TY OF CHULA VISTA COGNITECH CORPORATE EXPRSS PD/LTD MAY 2006 PRACTICE UNDER CEQA BK MOP 45699 - FUEL ANIMAL SHELTER COSTS FOR FY 06 COGNITECH VIDEO INVESTIGATOR & VIDEO MOP 45704 TONER CTRG LASR HP 208093 5/9/2006 1,579.50 208094 5/9/2006 408.21 208095 5/9/2006 130.88 208096 5/9/2006 8,123.21 208097 5/9/2006 4,904.36 208098 5/9/2006 184.14 CRAWFORD 125 PLAN REIMBURSEMENT 208099 5/9/2006 697.99 DAPPER TIRE COMPANY TIRES 208100 5/9/2006 872.62 DELL DELL POWEREDGE 1850. INTEL XEON 2.8. 208101 5/9/2006 4,499.86 DELL HDD 73GB U320 SCSI 10K RPM 80 PIN HOT 208102 5/9/2006 925.40 DELL MARKETING CORP PD CAMERA PROJECT 208103 5/9/2006 13,908.92 DELTA DENTAL DENTAL INS MAY 2006 208104 5/9/2006 14,632.53 DELTACARE (PMI) DENTAL IN PMI MAY 2006 208105 5/9/2006 3,335.92 DEPARTMENT OF JUSTICE FINGERPRINTING CHARGES FOR NEW CITY 208106 5/9/2006 313.00 DIAZ SPRING 2006 PEST CONTROL SEMINAR REIMB 208107 5/9/2006 55.00 DIXIELINE LUMBER CO. MOP 45707 HOUSING SUPPLIES 208108 5/9/2006 1,228.11 EMPIRE STEEL BUILDINGS STEEL BUILDING FOR 'CHRISTMAS 1N JULY' 208109 5/9/2006 20,000.00 EPIC FIRE PROTECTION INC REFUND REQUEST PERMIT/FIRE SPRINKLER SYS 208110 5/9/2006 166.00 FEDEX NEIGHBRD COUNCIL MEET/POSTCARDS NOTICES 208111 5/9/2006 187.05 FIRE PREVENTION SERVICES INC FY05-06 APPORTIONMENT #8 208112 5/9/2006 1,029.48 41 FISHER SCIENTIFIC . # 19 130 2261. HIVIS VEST 8210, CLASS 208113 5/9/2006 9,893.73 FLINT TRADING, INC. PREMARK 12 WH LN PLUS `=e 2081.14 5/9/2006 3,014.55 FON-JON KENNELS KENNEL FOR POLICE K9'S WHILE HANDLERS 208115 5/9/2006 350.00 FORTIS BENEFITS VTL MAY 2006 r _ + 41 208116 5/9/2006 2,604.91 HARTS AUTO SUPPLY BRAKE PARTS 208117 5/9/2006 683.00 HEALTH NET HEALTH INS MAY 3/2006 57135A & 57135L 208118 5/9/2006 62,310.58 HEALTH NET HEALTH -NET INS 57135F MAY 2006 208119 5/9/2006 2,543.09 HEALTH NET HEALTH -ELECT INS MAY 2006 85027A 208120 5/9/2006 2,485.97 HEALTH NET 1-IEALI'H-RET INS 85027B MAY 2006 208121 5/9/2006 514.01 HEALTH NET HEALTH NET 57135J MAY 2006/W1LLIAMS JR 208122 5/9/2006 471.80 HEARTLAND COMM. FAC. AUTHORITY 4TH QUARTER BILLING, HEARTLAND 208123 5/9/2006 29,136.00 HODGES VEHICLE MILEAGE REIMB/HODGES BRENDA 208124 5/9/2006 32.49 HOLLIS TRAVEL EXPENSES/HAZ MAT INCDNT TRAINING 208125 5/9/2006 31.45 HOME DEPOT/GECF 8 PC SCREWDRIVER SET 208126 5/9/2006 171.62 HONEY WELL INC. CONDENSER REPLACEMENT WITH COPPER FIN 208127 5/9/2006 25,514.27 INGERSOLL-RAND COMPANY SERVICE MAINTENANCE CONTRACT FOR 208128 5/9/2006 597.00 JEFFERSON PILOT FINANCIAL LIFE INS MAR 2006 208129 5/9/2006 11,499.05 III ENTERPRISE QUARTERLY BILL FOR FIRE ALARM 208130 5/9/2006 97.56 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE MAY 2006 KAISER FOUNDATION HEALTH PLANS KAISER INS RETIREES MAY 2006 208131 5/9/2006 107, 74031 208132 5/9/2006 1.849.14 2 LASER SAVER INC MOP 45725 ONE TONER CARTRIDGE 208133 5/9/2006 408.05 LOCAL GOVERNMENT PUBLICATIONS LONGTIN'S CALIFORNIA LAND USE 208134 5/9/2006 119.56. I,OPEZ INTERPRETATION SRVCS ON 05/02/06 208135 5/9/2006 100.00 ...AAC PROJECT MAAC CONTRACT FOR LEAD HAZARD CONTROL 208136 5/9/2006 36,768.00 MAAC PROJECT MAAC CONTRACT FOR LEAD HAZARD CONTROL 208137 5/9/2006 31,029.00 MAGGIORA 125 PLAN REIMBURSEMENT 208138 5/9/2006 113.63 MAINTEX, INC. JANITORIAL SUPPLIES 208139 5/9/2006 1,777.64 MAN K-9 INC. WEEKLY MAINTENANCE TRAINING, $50.00 PER 208140 5/9/2006 800.00 MANHOLE ADJUSTING CONTRACTORS APR 2006 SRVCS-STREET RESURFACING 208141 5/9/2006 1,621,933.42 MARSHALL MUSIC BAND SHEET MUSIC FOR CONCERTS 208142 5/9/2006 175.92 MARSHALL MUSIC BAND SHEET MUSIC FOR CONCERTS 208143 5/9/2006 148.60 MARSHALL MUSIC BAND SHEET MUSIC FOR CONCERTS 208144 5/9/2006 102.75 MASONS SAW & LAWNMOWER SRVC MOP 45729 - BIKE TRIMMER 208145 5/9/2006 953.88 MAXIMUS, INC. 'CITY-WIDE USER FEE' STUDY 208146 5/9/2006 8.900.00 MEDINA REIMB OF PARAMEDIC ACCREDITATION/MEDINA 208147 5/9/2006 17.00 MILE OF CARS ASSOCIATION FY05-06 APPORTIONMENT #7 208148 5/9/2006 9,857.17 ''ORGAN SQUARE, INC. FY05-06 APPORTIONMENT #7 208149 5/9/2006 8,222.60 i 1ORG.AN SQUARE, INC. FY05-06 APPORTIONMENT #8 208150 5/9/2006 2,908.09 MYERS TIRE SUPPLY #2VSP QUILLED PLUG 208151 5/9/2006 134.43 NAPA AUTO PARTS MOP 45735 - PULLEY 208152 5/9/2006 435.79 NATIONAL CITY AUTO TRIM MANUFACTURE HOSE BED COVER, AWNING RAIL 208153 5/9/2006 807.62 NATIONAL SCHOOL DISTRICT USE OF FACILITIES AT OLIVEWOOD SCHOOL 208154 5/9/2006 72.50 NICK RAIL MUSIC PURCHASE OF HI -HAT CYMBALS 208155 5/9/2006 543.36 ONE SOURCE DISTRIBUTORS MOP 67256 - LIGHTS 208156 5/9/2006 571.14 P & D HOUSING ELEMENT WORK 208157 5/9/2006 938.50 PARTS PLUS AUTOSTORE #713 MOP 64946 - BELT 208158 5/9/2006 30.52 PAUL BREEN REFUND/DATA TICKET#NC360103026 REDUCED 208159 5/9/2006 50.00 PERRY FORD LABOR FOR FRONT END ALIGNMENT ON 208160 5/9/2006 872.66 PERVO TRAFFIC CENTER MOP 63846 ZSGN-SPECIAL SIGN 208161 5/9/2006 628.40 PORTILLO CONCRETE, INC. APR SRVCS 2005-MISC CONCRETE IMPRVMNTS 208162 5/9/2006 4,592.70 iWERSTRIDE BATTERY CO INC MOP 67839 - BATTERY 208163 5/9/2006 129.27 PRO GEAR #KAF-A23 8.8 AXLE 98/01 LINCO 208164 5/9/2006 995.95 PROCHEM SPECIALTY PRODUCTS INC 6 GL PAIL AQUEOUS PARTS CLEANER 208165 5/9/2006 100.75 3 PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAND MCNALLY & CO. RON BAKER CHEVROLET-GEO-ISUZU S.D. COUNTY SHERIFFS DEPT. SAMANIEGO 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 SAN DIEGO PET & LAB SUPPLY SASI SEAGRAVE FIRE APPARATUS, LLC SHERRILL, INC. SO. CAL. VETERINARY DENTAL SOUTHERN MUSIC SPECIALTY LIGHTING STRATACOM SUNDANCE STAGE LINES INC. SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY TRAMEX LIMITED UNITED PARCEL SERVICE US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES WEST GROUP PAYMENT CENTER ZUMAR INDUSTRIES CITY TREASURER SWEETWATER AUTHORITY MOP 45742 - UNIFORMS - PARKS SERVICE PERIOD 04-06-4 THOMAS BROS MAPS Gil DATABASE ANNUAL MOP 45751 - CAP BOOKING FEES FOR FY 06 REFUND PARKING CITATION#NC160428019 ELECTRIC BILL/FACILITIES#94282909927 ELECTRIC B1LL/FACILITIES#86482714057 ELECTRIC BILL/FACILITIES#68199629265 ELECTRIC BILL/STREET#76860974845 ELECTRIC BILL/FACILITIES#10439934345 ELECTRIC BILL/FACILITIES#10441036857 ELECTRIC BILL/STREET#07385071072 ELECTRIC BILL/STREET#27985377588 MOP 45753 K-9 SUPPLIES PROCESSING CHARGES 5/01/06 THRU 7/31/06 VALVE KIT SUCTION 48 IN REPLACEMENT SIGN/TREE WO DENTAL WORK/ROOT CANAL FOR K9 ROY AS PURCHASE OF SHEET MUSIC FOR PERFORMANCE LIGHT BULBS & FLUORESCENT LAMPS MOP 63845 P. O. A. TIMESHEET ANNUAL TRIP TO KNOTT'S BERRY FARM WATER BILLS/STREET 3 ACCOUNTS WATER BILLS/WASTEWATER#920-3000-0 WATER BILLS/PARKS#920-6000-0 MOISTURE METERS. "MOISTURE ENCOUNTER UPS ONE TIME PICKUPS TRADE SETTLING CHRGS 4/15/06 - 4/21/06 MOP 46453 TOOLS AND SUPPLIES ON-LINE CHRGS MAR 21,2006 - APR 20, 2006 RI-2 36T 80E35 YIELD 36" TRI .080 ALUM INDUSTRIAL WASTE MONITORING FY06 ACCT # 960-7774-0 208166 5/9/2006 564.80 208167 5/9/2006 60,052.21 208168 5/9/2006 2,101.13 208169 5/9/2006 62.93 208170 5/9/2006 55,987.50 208171 5/9/2006 20.00 208172 5/9/2006 9,1 1 1.36 208173 5/9/2006 8,597.54 208174 5/9/2006 2,840.42 208175 5/9/2006 1,303.44 208176 5/9/2006 694.47 208177 5/9/2006 648.08 208178 5/9/2006 125.67 208179 5/9/2006 34.89 208180 5/9/2006 278.56 208181 5/9/2006 1,247.00 208182 5/9/2006 208183 5/9/2006 208184 5/9/2006 208185 5/9/2006 208186 5/9/2006 208187 5/9/2006 208188 5/9/2006 208189 5/9/2006 208190 5/9/2006 208191 5/9/2006 208192 5/9/2006 208193 5/9/2006 208194 5/9/2006 208195 5/9/2006 208196 5/9/2006 119.10 168,29 1,140.93 34.53 49.57 359.78 940.00 282.17 67.91 11.84 394.95 12.30 545.18 423.82 868.52 208197 5/9/2006 945.35 208198 5/9/2006 2,614.49 208199 5/9/2006 181.25 4 AT SYSTEMS WEST INC BAYSHORE TRANSIT MGMT INC CINTAS FIRST AID & SAFETY -OUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC JW HOWARD ATTORNEYS KIMBALL MIDWEST OSBORN PLUMBING & HEATING PETRO-DIAMOND INC. PRINCIPAL FINANCIAL GROUP SAN DIEGO FRICTION PROD. SAN DIEGO GAS & ELECTRIC STATE OF CALIFORNIA TILE STAR NEWS UNITED RENTALS NORTHWEST, INC 'ALLEY POWER SYSTEMS, INC WINCAL TECHNOLOGY CORP Workers compensation checks MONEY TRUCK - MAY'06 PAYROLL FOR PAY DATED 05/05/06 FIRST AID MEDICAL SUPPLIES PAYROLL PPE 04/29/06 - SHERRY LOGEL GARN PAYROLL PPE 04/29/06 - SHERRY LOGEL GARN BUS PARTS AS NEEDED FOR FY06 STATUS OF SETTLEMENT 100 MACH SCREW 426806 1 PVC PIPE & FITTINGS DIESEL FUEL 401K - PPE 04/29/06 BUS PARTS AS NEEDED FOR FY06 ELECTRIC 03/30 - 04/28 PAYROLL PPE 04/29/06 - DIANNNE BUCKINGHA FULL TIME BUS OPERATOR AD 11516060#BAG DRY CRETE 21 R 29541736 SEAL ASM-01 OLD PART # PARTS AND SERVICE 1X BACKBOX REBUILT Total 208200 5/9/2006 392.89 208201 5/9/2006 49.877.94 208202 5/9/2006 238.13 208203 5/9/2006 11.52 208204 5/9/2006 11.52 208205 5/9/2006 263.29 208206 5/9/2006 38.50 208207 5/9/2006 236.97 208208 5/9/2006 1,144.02 208209 5/9/2006 20,186.43 208210 5/9/2006 2,771.28 208211 5/9/2006 331.88 208212 5/9/2006 1,468.63 208213 5/9/2006 73.36 208214 5/9/2006 192.60 208215 5/9/2006 106.40 208216 5/9/2006 74.35 208217 5/9/2006 '` 258.00 2,361,919.50 11599 5/3/2006 52.02 11600 5/3/2006 153.94 11601 5/3/2006 69.96 11602 5/3/2006 78.42 11603 5/3/2006 20.90 11604 5/3/2006 795.89 11605 5/3/2006 95.94 11606 5/3/2006 110.00 11607 5/3/2006 176.00 11608 5/3/2006 176.00 11609 5/3/2006 110.00 11610 5/3/2006 66.00 11611 5/3/2006 88.00 5 PAYROLL. Pay period Start Date End Date Cheek Date 279 4/11/2006 4/24/2006 TRANSIT WARRANTS CHECKS 208200 - 208217 11612 5/3/2006 11.69 11613 5/3/2006 11.69 11614 5/3/2006 57.80 -- 11615 5/3/2006 38.50 11616 5/3/2006 281.40 11617 5/3/2006 112.54 11618 5/3/2006 398.75 11619 5/3/2006 440.00 11620 5/3/2006 129.08 11621 5/3/2006 6.39 11622 5/3/2006 10.00 11623 5/3/2006 440.00 11624 5/3/2006 400.00 11625 5/3/2006 761.04 Total Total 5/3/2006 Total GRAND TOTAL CKS 18 TOTAL $77,661.30 5,091.95 2,367,011.45 790,875.77 3,157,887.22 6 City of National City Warrant Register # 44 5/9/2006 001 GENERAL FUND 986,600.67 104 LIBRARY FUND 23,451.34 105 PARKS MAINTENANCE FUND 17,417.91 109 GAS TAXES FUND 8,990.19 111 P.O.S.T. FUND 372.00 125 SEWER SERVICE FUND 21,337.50 131 ASSET FORFEITURE FUND 18,813.28 154 STATE PUBLIC LIBRARY FUND 361.08 159 GENERAL PLAN UPDATE RESERVE 938.50 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,718.80 172 TRASH RATE STABILIZATION FUND 6,115.38 191 STOP PROJECT 5,480.86 196 CAPITAL PROJECT RESERVE 3,209.93 230 ABANDONED VEHICLE ABATEMENT GRANT 1,405.85 246 WINGS GRANT 18,808.60 253 RECREATIONAL ACTIVITIES FUND 940.00 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 75,696.19 256 CODE ENFORCEMENT GRANT PROGRAM 20,000.00 2-CBAG-MAJOR MEXICAN TRAFFICKERS 3,239.57 2t. REIMBURSABLE GRANTS CITYWIDE 9,893.73 284 Literacy Initiatives XIV 1,370.35 285 EASY VOTER GUIDE II 2,047.18 286 LITERACY SERVICES 111 797.05 287 AMERICORPS LSTA III 1,158.67 288 PRIME TIME II 381.14 291 AMERICORPS CNCS YEAR 3 3,111.19 294 HUD HEALTHY HOMES GRANT 2,875.63 301 GRANT-C.D.B.G. 28,461.54 302 CDC PAYMENTS 31,330.49 303 CAPITAL FACILITIES FUND 181.25 307 PROPOSITION A" FUND 1,628,417.66 552 TDA 77,661.30 626 FACILITIES MAINT FUND 69,884.14 627 LIABILITY INS. FUND 5,091.95 628 GENERAL SERVICES FUND 8,606.48 629 INFORMATION SYSTEMS MAINTENANC 6,338.08 630 OFFICE EQUIPMENT DEPRECIATION 5,425.26 631 TELECOMMUNICATIONS REVOLVING 2,651.52 632 GENERAL ACCOUNTING SERVICES 15,870.42 643 MOTOR VEHICLE SVC FUND 35,534.32 724 COBRA/RETIREE INSURANCE 5,900.22 Total 3,157,887.22 Certification 1N 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. BUDGET & INV ENT 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 6th OF TUNE 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT JUNE 20, 2006 MEETING DATE AGENDA ITEM NO. 18 ITEM TITLE WARRANT REGISTER #45 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register #45 per Government Section Code 37208. Environmental Review N/A Finan tStrn eAle. Approved By: Budget & Inv ent Officer Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,183,896.50 BOARD/COMMISSION RECO MENDATIO4)4 ATTAQHM,EALTTni kiet 8 ) 2. Workers Comp Warrant Registers dated 5/10/06 3. Resolution No. A-200 (9/80) '4City of National City WARRANT REGISTER # 45 5/16/2006 Payee Description chk no chk date amount CITY TREASURER i S. D, IND WASTE PERMIT FY 06 208218 5/11/06 2,915.00 BAKER & TAYLOR DONATION BOOKS 208219 5/16/06 256.66 BUSINESS COMMUNICATIONS INC BOOKS -REFERENCE 2006 EDITION OF THOMF208220 5/16/06 59.95 CITY OF NATIONAL CITY OUT OF STATE SALES TAX 208221 5/16/06 20.33 DYNIX INC. CONTRACT SERVICES 208222 5/16/06 12,430.47 EBSCO 2006 RENEWAL MAGAZINE SUBSCRIPTION 208223 5/16/06 7,992.00 MIDWEST TAPE VIDEO/DVD - DONATION 208224 5/16/06 502.99 NOLO PRESS -OCCIDENTAL REFERENCE BOOKS 208225 5/16/06 32.09 OMNIGRAPHICS, INC. BOOKS - REFERENCE 208226 5/16/06 55.85 SCHOLASTIC INC. BOOKS 208227 5/16/06 1,655.78 3E H.W. WILSON CO. BOOKS - REFERENCE. BIO MONTHLY SUB 208228 5/16/06 157.00 THOMSON GALE BOOKS - DONATION 208229 5/16/06 610.15 U.S. POSTMASTER POSTAGE FOR MAILING OVERDUE NOTICES 208230 5/16/06 328.77 ALLMOND LIT. INIT. XIV (TRAVEL) 208231 5/16/06 34.90 BAUTISTA AMERICORPS LSTA Y3 (TRAVEL) 208232 5/16/06 64.60 BELL AMERICORPS CNCS Y3 (TRAVEL) 208233 5/16/06 9.18 BELL AMERICORPS LSTA Y3 (TRAVEL) 208234 5/16/06 25.50 BINDMAN PRIME TIME Y2 (EXPERT SERVICES) 208235 5/16/06 750.00 BRODART BOOKS - PRIME TIME 208236 5/16/06 1,957.06 BROWNLEE AMERICORPS LSTA Y3 (TRAVEL) 208237 5/16/06 18.37 CARLA CAMPBELL LEHN LIT. INIT. XIV (TRAVEL) 208238 5/16/06 309.47 CHRISTENSEN PRIME TIME Y2 (EXPERT SERVICES) 208239 5/16/06 250.00 C1NGULAR WIRELESS WINGS (TELEPHONE) 208240 5/16/06 45.47 CISNEROS LIT. INIT. XIV (TRAVEL) 208241 5/16/06 34.00 CITY OF NATIONAL CITY USE SALES TAX P.O. #68727 & #68610 208242 5/16/06 156.09 LARK EXPERT & CONSULTANT SERVICES - -- 208243 5/16/06 2,962.50 Payee CRIDER DEERING DEVEREUX DILLE DOMENIGHINI ELLIOTT FLORES GOMEZ GUILLEN HAMILTON HERRERA HINE JACQUELYN BRINKLEY KERR LAWSON-NORTH LISA VALORE LITERACYWORKS LOPEZ LUA-CORDOVA LYNN MILLER MISSISSIPPI IND FOR THE BLIND NFOCUS SOFTWARE O'HARA ORTEGA PALATO PIMENTEL "City of National City WARRANT REGISTER # 45 5/16/2006 Description AMERICORPS LSTA Y3 (TRAVEL) AMERICORPS LSTA Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL) PRIME TIME Y2 (EXPERT SERVICES) LIT. INIT. XIV (TRAVEL) PRIME TIME Y2 (EXPERT SERVICES) PRIME TIME Y2 (EXPERT SERVICES) AMERICORPS LSTA Y3 (TRAVEL) AMERICORPS LSTA Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL) PRIME TIME Y2 (EXPERT SERVICES) PRIME TIME Y2 (EXPERT SERVICES) LIT. INIT. XIV (TRAVEL) AMERICORPS LSTA Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL) LIT. INIT. XIV (TRAVEL) EXPERT & CONSULTANT SERVICES — AMERICORPS LSTA Y3 (TRAVEL) AMERICORPS LSTA Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL) LIT. INIT. XIV (TRAVEL) "GETTING THINGS DONE", PATCH,— chk no chk date amount 208244 5/16/06 72.93 208245 5/16/06 30.94 208246 5/16/06 46.00 208247 5/16/06 916.14 208248 5/16/06 72.12 208249 5/16/06 750.00 208250 5/16/06 750.00 208251 5/16/06 36.89 208252 5/16/06 82.96 208253 5/16/06 19.16 208254 5/16/06 300.00 208255 5/16/06 350.00 208256 5/16/06 30.90 208257 5/16/06 124.10 208258 5/16/06 97.74 208259 5/16/06 43.93 208260 5/16/06 74,400.00 208261 5/16/06 5.78 208262 5/16/06 398.48 208263 5/16/06 44.00 208264 5/16/06 50.00 208265 5/16/06 69.00 KIDTRAX ANNUAL SUBSCRIPT & SUPPORT - 208266 5/16/06 2,990.00 AMERICORPS CNCS Y3 (EXPERT SERVICES) 208267 5/16/06 64.00 AMERICORPS LSTA Y3 (TRAVEL) 208268 5/16/06 92.48 AMERICORPS LSTA Y3 (TRAVEL) 208269 5/16/06 8.16 AMERICORPS LSTA Y3 (TRAVEL) 208270 5/16/06 18.70 2 1City of National City WARRANT REGISTER # 45 5/16/2006 Payee ROBINSON ROJAS Description chk no chk date amount AMERICORPS LSTA Y3 (TRAVEL) 208271 5/16/06 40.12 AMERICORPS LSTA Y3 (TRAVEL) 208272 5/16/06 45.63 SCHMIDT AMERICORPS LSTA Y3 (TRAVEL) 208273 5/16/06 223.04 SKY HUNTERS LIT. INIT. XIV (EXPERT SERVICES) 208274 5/16/06 125.00 STANISLAUS LITERACY CENTER AMERICORPS LSTA Y3 (EXPERT SERVICES) 208275 5/16/06 100.00 STRATEGIC RESOURCE COMPANY EXPERT & CONSULTANT SERVICES- 208276 5/16/06 3,136.00 TORRES PRIME TIME Y2 (EXPERT SERVICE) 208277 5/16/06 306.44 WESTLIN AMERICORPS LSTA Y3 (TRAVEL) 208278 5/16/06 70.04 WILMETH PRIME TIME Y2 (EXPERT SERVICES) 208279 5/16/06 750.00 XEROX CORPORATION COPY MACHINE CONTRACT FOR -- 208280 5/16/06 458.00 AAA RADIATOR WAREHOUSE AUTOMOTIVE PARTS (RADIATORS, HEATER 208281 5/16/06 100.19 CCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 04/28/06208282 5/16/06 1,480.00 ALCEM FENCE CO., INC, CITY FENCE AND WALL REPAIRS AS NEEDEE208283 5/16/06 2,285.00 AMERICAN ROTARY BROOM CO., I MOP 62683 - SWEEPER PARTS 208284 5/16/06 337.57 ARCO GASPRO PLUS FUEL FOR CITY FLEET AS NEEDED FOR 208285 5/16/06 23,994.61 BOHDAN & DOUCEIIE LLP PROF SRVCS RENDERED THROUGH 04/30/06 208286 5/16/06 6,006.00 BUTLER'S MILL, INC. MOP 45695 - PEST CONTROL TRAINING 208287 5/16/06 250.00 CA PLANNING & DEVELOPMENT R CP&DR SUBSCRIPTION RENEWAL/ROGER Po:208288 5/16/06 249.00 CARDENAS REPLACE DIRECT DEPOSIT PAYROLL 05/03/0E208289 5/16/06 174.09 CHRISTMAS IN JULY JUN RENTAL FEES FOR 2032 B AVE 208290 5/16/06 1,500.00 CITY TREASURER METRO SEWERAGE SYSTEM 208291 5/16/06 868,478.00 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 208292 5/16/06 1,176.40 DEPARTMENT OF TRANSPORTATIO HIGHWAY LIGHTING FOR FISCAL YEAR 2006 208293 5/16/06 6,860.64 DIXIELINE LUMBER CO. MOP 45707 LEVERLOCK TAPE/GROUND TEST208294 5/16/06 22.11 DREW FORD MOP 49078 - SENSOR 208295 5/16/06 43.02 DURRA INK MOP 46766 ENVELOPES AND BUSINESS CARD208296 5/16/06 295.78 SGIL CORPORATION PLAN CHECK SERVICES APR 2006 208297 5/16/06 21,487.94 Payee I.M.P.A.C. GOVERNMENT SVCS IRON MOUNTAIN RECORDS MGMT JEFFERSON PILOT FINANCIAL KILLACKY, KEVIN KNOX COMPANY LASER SAVER INC LEAGUE OF CA CITIES LEXIS-NEXIS LEXIS-NEXIS MINUTEMAN PRESS MULTI -BANK SERVICES LTD MUNI FINANCIAL N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY DETAIL SHOP OFFICE TEAM OUCHI'S POWER EQUIPMENT PARTS PLUS AUTOSTORE #713 PBS&J PRUDENTIAL OVERALL SUPPLY RON BAKER CHEVROLET-GEO-ISU SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC "City of National City WARRANT REGISTER # 45 5/16/2006 Description chk no CALCARD CHARGES -SPRING CAMPS SUPPLIE208298 DOCUMENT STORAGE TO 5/30/06 208299 LIFE INS APRIL 2006 208300 HAZ MAT INCIDENT COMMANDER TRAINING 208301 1023 LOCK CORE FIRE DEPT MOP 45725 TONERS INKJET COMP 2006 ANNUAL CITY DUES NATIONAL CIY CODE PRINT SUPP#15 2/06 LEXIS-NEXIS ONLINE CHARGES APR 2006 MOP 47939 ROUTING SLIP TRADE SETTLING CHARGES FY04-05 ANNUAL DISCLOSURE SRVCS CITY ENHANCEMENT FUND APR 2006 CITY ENHANCEMENT FUND MAY 2006 CHAMBER MEMBERSHIP/ROGER POST MOP 45735 OIL FILTER 208302 208303 208304 208305 208306 208307 208308 208309 208310 208311 208312 208313 CAR WASHES FOR CITY FLEET FOR FISCAL 208314 MOP 45737 - DETAIL 99 FORD TEMP SRVCS HARROD JILL A W/E 04/21/06 MOP 45740 - GRIP HANDLES MOP 64946 - COIL AS --NEEDED FINANCIAL SERVICES FOR MOP 45742 - UNIFORMS - PARKS MOP 45751 - DUCT ASSM ELECTRIC BILL/STREET#10093014384 ELECTRIC BILL/FACILITIES#29728110755 ELECTRIC BILL/STREET#98917081416 208315 208316 208317 208318 208319 208320 208321 208322 208323 208324 chk date amount 5/16/06 474.49 5/16/06 100.00 5/16/06 11,589.25 5/16/06 241.68 5/16/06 23.71 5/16/06 290.65 5/16/06 600.00 5/16/06 712.23 5/16/06 379.18 5/16/06 65.34 5/16/06 99.81 5/16/06 1,000.00 5/16/06 3,750.00 5/16/06 3,750.00 5/16/06 65.00 5/16/06 86.24 5/16/06 212.00 5/16/06 65.00 5/16/06 924.00 5/16/06 59.96 5/16/06 77.37 5/16/06 380.00 5/16/06 363.00 5/16/06 99.25 5/16/06 24,639.75 5/16/06 16,147.73 5/16/06 3,058.37 Payee SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SILVA SMART & FINAL SOUTHWEST SIGNAL SERVICE, IN SUN TRUST SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY -IE STAR NEWS THE STAR NEWS THE STAR NEWS ULI - THE URBAN LAND INSTITUTE UNDERGROUND SERV ALERT US STERLING CAPITAL CORP VULCAN MATERIALS COMPANY WILLY'S ELECTRONIC SUPPLY ARCO GASPRO PLUS AVAYA, INC COLORALL TECHNOLOGIES CUMMINS CAL PACIFIC, LLC DIXIELINE LUMBER CO FIRST ADVANTAGE CORPORATION GREAT AMERICAN INSURANCE CO IWANIS CLUB OF NATIONAL CITY ELECTRIC BILL/FACILITIES#10091911839 :City of National City WARRANT REGISTER # 45 5/16/2006 Description chk no 208325 ELECTRIC BILL/WASTEWATER#29491892373 208326 ELECTRIC BILL/WASTEWATER#10092646814 208327 REIMB 2006 CITY ATTORNEYS SPRING CONF 208328 MOP 45756 SUPPLIES FOR EAS 1'ER WEEK 208329 TRAFFIC SIGNAL, STREET LIGHTING NEW FIRE TRUCK #1 RENTAL PAYMENT#27 WATER BILLS/FACILITIES 21 ACCOUNTS WATER BILLS/STREET 18 ACCOUNTS WATER BILLS/STREET#143-4960-0 208330 208331 208332 208333 208334 WATER BILLS/WASTEWATER#152-2700-0 208335 LEGAL ADVERTISING PUBLISH NOTICE OF PUBLIC HEARING PUBLISH NOTICE OF PUBLIC HEARING 208336 208337 208338 ULI RENEWAL OF MEMBRSHP-ROGER POST 208339 UNDRGRND SRVC NEW TICKETS/APR 2006 TRADE SETTLING CHRGS 4/22/06 - 4/28/06 ASPHALT FOR FISCAL YEAR 2006 MOP 45763 - BATTERY FUEL FOR STAFF VEHICLES FOR FY06 PHONE MESSAGING 04/02 TO 05/01 BUS REPAIRS FOR FY 06 BUS PARTS AS NEEDED FOR FY06 SHOP SUPPLIES RANDOMS WORKERS' COMP 208340 208341 208342 208343 208344 208345 208346 208347 208348 208349 208350 ORGANIZATIONAL MEMBERSHIP JAN TO API208351 chk date amount 5/16/06 1,746.21 5/16/06 80.92 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 78.11 465.00 180.58 10,108.09 5,009.63 7,039.30 2,718.38 187.23 154.73 84.56 48.69 48.69 190.00 185.60 445.92 129.35 40.06 644.69 46.88 600.00 840.68 46.13 214.06 16,155.92 248.00 1City of National City WARRANT REGISTER # 45 5/16/2006 Payee METROPOLITAN TRANSIT SYSTEM NATL CITY CHAMBER OF COMMER NEW FLYER PARTS REGIONAL COMMUNICATIONS SY SAN DIEGO GAS & ELECTRIC SAN DIEGO TRANSIT CORPORATIO SOUTH COAST MEDICAL CLINIC SPANKY'S, INC. SWEETWATER AUTHORITY THE HOME DEPOT CRC UNIFIRST YELLOW PAGES Description chk no TELE INFO FY 06 - MAY '06 208352 ADVERTISING - AUTO HERITAGE DAY BOOT]208353 BUS PARTS AS NEEDED FOR FY06 208354 USE OF THE 800 MHZ NETWORK - APRIL 200E 208355 GAS - 03/30/06 TO 04/28/06 BUS PASSES FY06 208356 208357 PRE -EMPLOYMENT TEST, JIMMIE HORTON 208358 PORT POTTY SERVICE AT 24TH ST. TROLLEY 208359 WATER - 03/01 TO 04/25 208360 SHELF & STAIN TO PAINT 1N DRIVERS LOUN(208361 MAINTENANCE LAUNDRY SERVICE FOR FY 0208362 PERIODICAL ADVERTISING 208363 chk date amount 5/16/06 2,267.89 5/16/06 300.00 447.84 609.50 146.46 60.00 108.00 436.27 884.22 27.84 74.19 177.00 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 5/16/06 Total $ 1,178,023.84 Workers compensation checks 11626 11627 11628 11629 11630 11631 11632 11633 11634 11635 11636 11637 11638 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 5/10/06 83.94 83.94 78.42 163.80 95.95 83.03 183.28 15.10 71.40 47.39 140.76 47.60 83.94 6 City of National City WARRANT REGISTER # 45 5/16/2006 Payee Description chk no chk date amount 11639 5/10/06 72.25 11640 5/10/06 150.00 11641 5/10/06 78.40 11642 5/10/06 193.41 11643 5/10/06 1,473.24 11644 5/10/06 400.00 11645 5/10/06 7.85 11646 5/10/06 188.57 11647 5/10/06 32.00 11648 5/10/06 320.00 11649 5/10/06 400.00 11650 5/10/06 457.50 11651 5/10/06 116.13 11652 5/10/06 675.32 11653 5/10/06 97.14 11654 5/10/06 32.30 Total $ 5,872.66 TRANSIT WARRANTS CHECKS 208344-208363 CKS. 20 Grand Total 1,183,896.50 TOTAL $24,335.57 City of National City WARRANT REGISTER #45 5/16/2006 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 171 LIBRARY SCHOOL DISTRICT CNTRC 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUC 277 NC PUBLIC LIBRARY DONATIONS F 284 Literacy Initiatives XIV 285 EASY VOTER GUIDE II 286 LITERACY SERVICES III 287 AMERICORPS LSTA III 288 PRIME TIME II 291 AMERICORPS CNCS YEAR 3 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND TOTAL 83,090.76 328.77 105.77 18,296.89 21,487.94 872,321.08 70.15 2,430.47 3,035.47 1,500.00 3,025.58 782.22 2,962.50 583.00 35,669.56 7,231.31 43,467.34 263.85 5,009.63 250.00 24,335.57 24,971.31 5,872.66 176.99 1,515.04 25,112.64 1,183,896.50 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. 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 20th OF JUNE 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT JUNE 20, 2006 MEETING DATE AGENDA ITEM NO. 19 TEM TITLE WARRANT REGISTER #46 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register #46 per Government Section Code 37208. Environmental Review N/A FinaneialrStdte l�le. Approved By: udget & Inve Account No. STAFF RECOMMEN AT N 1 recommend ratification of these warrants for a total of $ 1,070,224.02 BOARD/COMMISSION RECO ENDATION egneee41. At4 ATTAQHMANTrAnt(I14t gtOW ) 2. Workers Comp Warrant Registers dated 5/17/06 3. Payroll Register dated 5/17/06 A-200 (9/80) L/411Veta/L- Resolution No. 4 Lam 9-1-1 FOR KIDS AAA RADIATOR WAREHOUSE ACCOUNTEMPS ACE UNIFORMS & ACCESSORIES,INC ADAMSON POLICE PRODUCTS AEARO CO/AOSAFETY AFFORDABLE SERVICE APPLIANCES AMERICAN FORENSIC NURSES ASBURY ENVIRONMENTAL SERVICES USTIN DOORS BANK OF SACRAMENTO BARON CENTER INC BEST BEST & KRIEGER LLP BIOSYSTEMS BOOT WORLD BUTLER'S MILL, INC. CALIFORNIA COMMERCIAL SECURITY CATHERINE GROBEN CHEVRON USA, INC. CHILDREN'S HOSPITAL CHOICEPOINT CINGULAR WIRELESS CINGULAR WIRELESS ',EAN HARBORS CONSTRUCTION ELECTRONICS INC. CORPORATE EXPRESS City of National City WARRANT REGISTER # 46 5/23/2006 Description 911 FOR KIDS CLASSROOM KIT A, #9101 AUTOMOTIVE PARTS (RADIATORS, HEATER TEMP SRVCS MARY-JO REBELEZ W/E 05/05/06 ESTIMATED PURCHASE OF ROUND STEEL TOE SUREFIRE X200A TAC LIGHTS FOR GLOCK 35 SAFETY GLASSES/HAUG LABOR TO REPAIR ICE MAKER AT THE MLK SUSPECT BLOOD WITHDRAWALS, URINE TESTS, 50/50 COOLANT FURNISH AND INSTALL COMPLETE GRILL ESCROW RETENTION THREAT ASSESSMENT LIABILITY CLAIM COSTS POSI-CHECK CALIBRATION. -- MOP 64096 SAFETY BOOTS MOP 45695 - BLADE EDGER MHT2658 MOP 45754 - KEYS SPEC 03-2 REVIEW DOCUMENTS MOP 45699 - FUEL CHILD SEXUAL ABUSE EXAMS AS NEEDED FOR AUTO TRACK DATABASE - UNLIMITED ACCESS CINGULAR WIRELESS 6198850968 CINGULAR WIRELESS 6196075026 HAZARDOUS WASTE PICK UP FOR FISCAL YEAR MAINTENANCE OF KEY CARD SYSTEM IN MOP 45704 PRINT CARTRIDGE chk no chk date amount 208364 5/23/2006 4,379.32 208365 5/23/2006 282.04 208366 5/23/2006 1,406.00 208367 5/23/2006 172.39 208368 5/23/2006 3,438.52 208369 5/23/2006 9.70 208370 5/23/2006 184.00 208371 5/23/2006 761.00 208372 5/23/2006 208.70 208373 5/23/2006 5,205.81 208374 5/23/2006 21,776.68 208375 5/23/2006 3,277.68 208376 5/23/2006 2,895.50 208377 5/23/2006 445.81 208378 5/23/2006 116.36 208379 5/23/2006 110.55 208380 5/23/2006 129.91 208381 5/23/2006 10 0.0 0 208382 5/23/2006 258.70 208383 5/23/2006 208384 5/23/2006 208385 5/23/2006 208386 5/23/2006 208387 5/23/2006 1,464.00 100.00 4,168.03 68.62 745.00 208388 5/23/2006 843.55 208389 5/23/2006 1,441.65 1 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO, RCS CSK AUTO (KRAGEN) DANIEL PEARCE/ RPM WELDING DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS DECISION MANAGEMENT CO., INC. DIXIELINE LUMBER CO. EAGLE-1 COUNTY VAP/PARADISE CREEK RCS RADIO SERVICE AND MAINTENANCE (JULY AUTOMOTIVE SUPPLIES FABRICATE & INSTALL ONE SOLID TIRES SERVICE AGREEMENT FOR APRIL 2006. QUESTYS IMAGING SYSTEM - GOLD LEVEL MOP 45707 - STAKES 25% DEPOSIT/17 DUSK -TO -DAWN SOLAR LIGHTS EMPLOYMENT DEVELOPMENT DEPT UNEMPLOYMENT INSURANCE P/E 03/31/06 EXPERIAN EXPRESSTEL FIRE ETC FON-JON KENNELS GRAINGER GUNDERT CREDIT CHECKS FOR NEW PD EMPLOYEES AS LONG DISTANCE SERVICES AS NEEDED FOR ESTIMATED PURCHASE OF REDBACK STATION KENNEL FOR POLICE K9'S WHILE HANDLERS MOP 65179 - HARD HAT EDUCATIONAL REIMBURSEMENT HEARTLAND COMM. FAC. AUTHORITY ARCH WIRELESS PAGING FOR OCTOBER 2005 FIIRSCHON HOWARD H. WAYNE, JR. HUERTA HdL COREN & CONE J AND L DISTRIBUTION, INC. JC TOWING JEFFERSON PILOT FINANCIAL KETCHUM MFG. CO. INC. LASER SAVER INC NETWORK CONFIGURATION LABOR, ELECTRONICS REPAIR ON RESCUE TRAVEL EXPENSES REIMB FOR HUERTA RUBEN CONTRACT SRVCS PROPERTY TAX APR-JUN 2006 208410 #24060525 - BLEACH TOWING FOR FIRE TRUCK #236 LIFE INS MAY 2006 DOG LICENSE TAGS MOP 45725 TWO TONER CARTRIDGE LONG'S DRUG STORES MOP 45727 MISCELLANEOUS LYNNE PRICE MAINTEX, INC. ITEM #26241513 - 18" NYLO-GRIT BRUSH 5 MAN K-9 INC. MASON'S SAW &LAWNMOWER SRVC MOP 45729 FELT PREFILTER/SPARK PLUG MASTER FORMULA MINUTEMAN PRESS MONTGOMERY KONE, 1NC. RPLC CK#206401- LIT INIT XIV PUB AWRNSS WEEKLY MAINTENANCE TRAINING, $50.00 PER MASTER FORMULA METAL GLOSS, 16 MOP 47939 RETURN ENVELOPES LABOR FOR MECHANIC (OFFICER TRAPPED IN 208.90 5/23/2006 92.00 208391 5/23/2006 8,718.50 208392 5/23/2006 25.54 208393 5/23/2006 332.33 208394 5/23/2006 426.87 208395 5/23/2006 794.88 208396 5/23/2006 8,817.90 208397 5/23/2006 228.13 208398 5/23/2006 21,190.50 208399 5/23/2006 17,143.98 208400 5/23/2006 14.24 208401 5/23/2006 184.67 208402 5/23/2006 123.91 208403 5/23/2006 75.00 208404 5/23/2006 406.48 208405 5/23/2006 375.00 208406 5/23/2006 778.59 208407 5/23/2006 286.20 208408 5/23/2006 80.93 208409 5/23/2006 971.57 5/23/2006 2,400.00 208411 5/23/2006 245.41 208412 5/23/2006 350.00 208413 5/23/2006 11,478.54 208414 5/23/2006 150.00 208415 5/23/2006 380.35 208416 5/23/2006 183.36 208417 5/23/2006 81.49 208418 5/23/2006 1,545.66 208419 5/23/2006 800.00 208420 5/23/2006 27.33 208421 5/23/2006 145.30 208422 5/23/2006 226.74 208423 5/23/2006 319.70 2 MOTOR INFORMATION SYSTEMS ALLDATA RENEWAL - GOVERNMENT RENEWAL 208424 5/23/2006 1,500.00 i MURRAY, JOHN RETIREE HEALTH BENEFITS MAY 2006 208425 5/23/2006 150.00 MX LOGIC, INC EMAIL PROTECTION, ANTI-SPAM PROTECTION, 208426 5/23/2006 441.00 .APA AUTO PARTS PUMP PART #27-7564 208427 5/23/2006 849.35 NATIONAL CITY TROPHY MOP 66556-RECOGNITION PLAQUE PICTURE 208428 5/23/2006 20.20 NEXUS IS, INC. MOVE, ADD AND CHANGE PHONE LINES AND 208429 5/23/2006 96.00 ONE SOURCE DISTRIBUTORS MOP 67256 - STOCK 208430 5/23/2006 188.12 ORIENTAL TRADING, CO., INC. MISC SUPPLIES IE CHILD'S COWBOY HAT, 208431 5/23/2006 290.83 ORION SAFETY PRODUCTS FUSEES 208432 5/23/2006 1,367.21 PARKHOUSE TIRE 145/75X161 10PR FST IND SPEC 208433 5/23/2006 557.59 PARTS PLUS AUTOSTORE #713 MOP 64946 - POWERBALL 208434 5/23/2006 128.23 PERRY FORD MOP 45703 - PAD VEHICLE #354 208435 5/23/2006 44.10 PETERS TRAINING/TRAVEL EXPENSE/SHERMAN PETERS 208436 5/23/2006 105.26 PIERCE MANUFACTURING INC RELAY, SPST 200A 12V WATERPROOF 63-4632 208437 5/23/2006 689.60 PITNEY BOWES EQUIP MAINT-DESKTOP FOLDER 208438 5/23/2006 53.00 POWERSTRIDE BATTERY CO INC MOP 67839 - BATTERIES 208439 5/23/2006 303.97 'RAXAIR/WSE PARTS TO REPAIR SMITH S209 & SW1 COMBO 208440 5/23/2006 57.83 PROFESSIONAL PHOTOGRAPHIC LABOR FOR CAMERA REPAIR.-. 208441 5/23/2006 255.04 PRUDENTIAL OVERALL SUPPLY MOP 45742 TOWEL BATH WHITE 208442 5/23/2006 759.36 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 05-06-3 208443 5/23/2006 58,806.55 R..f. SAFETY SUPPLY #SH7261 "HAWS" PEDESTAL MOUNTED EYEWASI 208444 5/23/2006 578.96 SAFE RESTRAINTS, INC THE WRAP, SAFE RESTRAINT SYSTEM 208445 5/23/2006 590.00 SAFETY KLEEN PICKUP OF SOLID PAINT CHIPS. HAZ MAT 208446 5/23/2006 614.97 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#87271426986 208447 5/23/2006 47.60 SAN DIEGO PET & LAB SUPPLY MOP 45753 K-9 SUPPLIES 208448 5/23/2006 182.38 SBC/MCI SBC COMMUNICATION VOICE AND DATA 208449 5/23/2006 6,995.35 SBC/MCI SBC COMMUNICATION 619 477 9738 643 8 208450 5/23/2006 254.15 SCHMIDT DESIGN GROUP DEVELOP ARCHITECTURAL PLANS FOR 208451 5/23/2006 1,495.00 SDMSE-SAN DIEGO PROJ HEARTBEAT ONE YEAR CONTRACTUAL AGREEMENT 208452 5/23/2006 330.00 SEAGRAVE FIRE APPARATUS, LLC ITEM #SFP0773100 - REGULATOR, WINDOW 208453 5/23/2006 195.18 "3ARP REES-STEALY MED GROUP FLU SHOTS FOR FIRE DEPARTMENT 208454 5/23/2006 15.00 SIMPLEXGRINNELL REPAIR/SERVICE TIME STAMP MACHINE 208455 5/23/2006 266.47 SMART & FINAL MOP 45756 STRIKE TEAM BOXES NUTRITION 208456 5/23/2006 224.93 3 SOUTHERN CALIF TRUCK STOP SPECIALTY LIGHTING SSD SYSTEMS STATE COMPENSATION INS FUND STRATACOM SWEETWATER AUTHORITY TARULLI TIRE SAN DIEGO INC THE STAR NEWS THE STAR NEWS THE STAR NEWS U.S. HEALTHWORKS US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES VALLEY INDUSTRIAL SPECIALTIES VCA MAIN S'F ANIMAL HOSPITAL VERIZON WIRELESS MOP 45758 - PROPANE LIGHT BULBS & FLUORESCENT LAMPS SECURITY CAMERA SYSTEM FOR PD WC CLAIM COSTS MOP 63845 REQUEST FOR LEAVE OF ABSENCE WATER BILLS/FACILITIES# 143-4710-0 MOP 45726 - TIRE REPAIR 93 PUBLISH NOTICE OF PUBLIC HEARING PUBLISHING NOTICE OF PUBLIC HEARING ADVERTISING OF BIDS, AUCTIONS & OTHER MEDICAL SERVICES TRADE SETTLING CHRGS 4/29/06 - 5/05/06 PLUMBING SUPPLIES MOP 46453 - BATTERIES/FLUSHOMETER VET CARE FOR POLICE K9 DOGS AS NEEDED VERIZON MOBILE ACCT# 970467631-00001 VERSATILE INFORMATON PRODUCTS WORDNET SERIES II RECORDER 24 CHANNELS, VISTA PAINT WOLVERINE SPORTS ZEE MEDICAL, INC. ZUMAR INDUSTRIES BAYSHORE TRANSIT MGMT INC CORPORATE EXPRESS. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DIXIELINE LUMBER CO JIM'S GLASS & SCREENS KIMBALL MIDWEST NEXTEL COMMUNICATIONS NORTHWEST PUMP & EQUIPT CO PACIFIC SAFETY COUNCIL PECKS HEAVY FRICTION INC PETRO-DIAMOND INC. PRE -PAID LEGAL SERVICES INC GRAFFITI PAINT BLANKS, .22 CAL, ITEM #TR127P MISC SUPPLIES, IE BANDAGES (ELASTIC BLANKS 2409 EXD3 BLANK 24X9 EXTRUDED DF PAYROLL FOR CHECK DATED 05/19/06 OFFICE SUPPLIES PAYROLL PPE 05/13/06 - GARNISHMENT PAYROLL PPE 05/13/06 GARNISHMENT SHOP SUPPLIES SERVICE TO REPAIR # 4 GLASS FOR BUS # SI-IOP TOOLS AS NEEDED FOR FY06 NEXTEL PHONES - APR 10 TO MAY 09 LABOR - 79.0 @ .50 EACH CHECKED THE ANNUAL MEMBERSHIP RENEWAL NF-6312397NFA MANN FRONT / DRUM DIESEL - FUEL PRE -PAID LEGAL - APR'06 208457 5/23/2006 22.97 208458 5/23/2006 123.91 208459 5/23/2006 9,960.00 208460 5/23/2006 6,553.60 208461 5/23/2006 352.13 208462 5/23/2006 62.72 208463 5/23/2006 410.67 208464 5/23/2006 579.13 208465 5/23/2006 138.38 208466 5/23/2006 30.94 208467 5/23/2006 160.00 208468 5/23/2006 148.91 208469 5/23/2006 362.13 208470 5/23/2006 582.85 208471 5/23/2006 272.14 208472 5/23/2006 51.62 208473 5/23/2006 3,374.00 208474 5/23/2006 186.81 208475 5/23/2006 33.58 208476 5/23/2006 399.47 208477 5/23/2006 972.23 208478 5/23/2006 46,126.42 208479 5/23/2006 58.62 208480 5/23/2006 11.52 208481 5/23/2006 11.52 208482 5/23/2006 72.08 208483 5/23/2006 495.25 208484 5/23/2006 1,738.70 208485 5/23/2006 481.80 208486 5/23/2006 665.76 208487 5/23/2006 245.00 208488 5/23/2006 280.04 208489 5/23/2006 19,969.24 208490 5/23/2006 759.15 PRINCIPAL FINANCIAL GROUP 401K PPE 05/13/06 208491 5/23/2006 2,647.72 PSECO INC. ELEC0014 1 SENSOR PROXIMITY 30MM 208492 5/23/2006 220.20 SAN DIEGO COUNTY SHERIFF PAYROLL, PPE 04/29/06 - GARNISHMENT 208493 5/23/2006 50.00 _.AN DIEGO FRICTION PROD. BUS PARTS AS NEEDED FOR FY06 208494 5/23/2006 179.58 SBC PHONE - MAY 5 THRU JUNE 4 208495 5/23/2006 296.70 SOUTH COAST MEDICAL CLINIC RANDOM 208496 5/23/2006 72.00 STATE OF CALIFORNIA PAYROLL PPE 05/13/06 GARNISHMENT 208497 5/23/2006 73.36 UNIFIRST MAINTENANCE LAUNDRY SERVICE FOR FY 06 208498 5/23/2006 74.19 UNISOURCE MAINTENANCE SUPPLY 10050912 21606 FACIAL TISSUE- KLEENEX 208499 5/23/2006 614.87 Workers compensation checks Total 311,765.76 11655 5/17/2006 11.69 11656 5/17/2006 11.69 11657 5/17/2006 82.76 11658 5/17/2006 245.33 11659 5/17/2006 152.50 11660 5/17/2006 175.63 11661 5/17/2006 78.42 11662 5/17/2006 95.95 11663 5/17/2006 95.95 11664 5/17/2006 704.50 11665 5/17/2006 93.74 11666 5/17/2006 2,145.02 11667 5/17/2006 85.29 11668 5/17/2006 47.50 11669 5/17/2006 15.43 11670 5/17/2006 73.68 11671 5/17/2006 110.97 11672 5/17/2006 47.60 11673 5/17/2006 120.28 11674 5/17/2006 180.96 11675 5/17/2006 213.37 11676 5/17/2006 325.96 5 11677 5/17/2006 48.60 11678 5/17/2006 103.00 11679 5/17/2006 57.11 11680 5/17/2006 66.80 11681 5/17/2006 14.93 11682 5/17/2006 510.55 11683 5/17/2006 45.24 11684 5/17/20(16 132.38 11685 5/17/2006 33.87 11686 5/17/2006 406.62 11687 5/17/2006 47.39 11688 5/17/2006 440.00 11689 5/17/2006 342.86 11690 5/17/2006 53.00 11691 5/17/2006 120.66 11692 5/17/2006 440.00 Total 7,977.23 Total 319,742.99 PAYROLL Pay period Start Date End Date Check Date 278 4/25/2006 5/8/2006 5/17/2006 Total 750,481.03 • GRAND TOTAL 1,070,224.02 TRANSIT WARRANTS CHECKS 208478 - 208499 eKS 12 TOTAL $75,143.72 001 104 105 109 125 131 136 154 171 172 191 196 212 230 246 254 256 271 2 2b- 284 285 286 287 291 294 301 302 303 307 348 552 626 627 628 629 630 631 632 633 643 City of National City Warrant Register # 46 5/23/2006 GENERAL FUND 634,524.42 LIBRARY FUND 24,245.13 PARKS MAINTENANCE FUND 17,526.58 GAS TAXES FUND 4,884.82 SEWER SERVICE FUND 18,712.47 ASSET FORFEITURE FUND 9,960.00 TINY TOT CLASSES FUND 517.21 STATE PUBLIC LIBRARY FUND 381.15 LIBRARY SCHOOL DISTRICT CNTRCT 1,892.36 TRASH RATE STABILIZATION FUND 3,296.42 STOP PROJECT 4,594.58 CAPITAL PROJECT RESERVE 100.00 PERSONNEL COMPENSATION FUND 150.00 ABANDONED VEHICLE ABATEMENT GRANT 1,405.85 WINGS GRANT 29,856.78 LEAD -BASED PAINT HAZARD REDUCTION GRANT 8,983.23 CODE ENFORCEMENT GRANT PROGRAM 21,190.50 JOBS HOUSING BALANCE GRANT 332.33 CBAG-MAJOR MEXICAN TRAFFICKERS 2,773.16 REIMBURSABLE GRANTS CITYWIDE 4,379.32 Literacy Initiatives XIV 1,039.62 EASY VOTER GUIDE II 1,527.70 LITERACY SERVICES III 930.74 AMERICORPS LSTA III 1,336.71 AMERICORPS CNCS YEAR 3 3,111.20 HUD HEALTHY HOMES GRANT 3,062.33 GRANT-C. D. B.G. 6,348.96 CDC PAYMENTS 15,654.21 CAPITAL FACILITIES FUND 21,776.68 PROPOSITION A" FUND 5,855.81 STATE GRANT 1,587.00 TDA 75,143.72 FACILITIES MAINT FUND 26,899.10 LIABILITY INS. FUND 18,869.74 GENERAL SERVICES FUND 8,435.86 INFORMATION SYSTEMS MAINTENANC 19,278.60 OFFICE EQUIPMENT DEPRECIATION 9,004.70 TELECOMMUNICATIONS REVOLVING 14,373.95 GENERAL ACCOUNTING SERVICES 15,664.21 UNEMPLOYMENT INSURANCE RESERVE 16,030.57 MOTOR VEHICLE SVC FUND 14,586.30 Total 1,070,224.02 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. BUDGET & INVEf MENT OFFICER FINANCE COMMITTEE CITY MANAGER NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 20th OF JUNE 2006. AYES NAYS ABSENT • City of National City, California COUNCIL AGENDA STATEMENT JUNE 20, 2006 20 MEETING DATE AGENDA ITEM NO. ( TEM TITLE WARRANT REGISTER #47 L PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-42A.0 EXPLANATION Ratification of Warrant Register #47 per Government Section Code 37208. Environmental Review N/A Finan i S ale Approved �uL� mar By: e.� Budget & Inve tment Officer Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 118,004.58 BOARD/COMMISSION RECOMME RATION b 0 ATTAqHN TIS nii t*,Ngeitcii.vP 2. Workers Comp Warrant Registers dated 5/24/06 3. Resolution No. A-200 (9/80) Payee ZAPATA ESPIRITU GIEDD SAN LEANDRO MARINA INN STRASEN 3T EQUIPMENT COMPANY, INC. ACCOUNTEMPS City of National City WARRANT REGISTER # 47 5/30/2006 Description BUSINESS MEETINGS -REIMBURSEMENT REIMBURSEMENT FOR AIRFARE/MEALS REIMBURSEMENT FOR LODGING/MILEAGE ADV LODGING/WILLIAM STRASEN chk no chk date amount 208500 208501 208502 208503 ADV MEALS -FINAL SUPV LDRSHP INSTITUTE208504 RED FLOAT BALLS 208505 TEMP SRVCS MARY-JO REBELEZ W/E 05/12/06208506 ALPHA PROJECT FOR THE HOMELE: ALPHA PROJECT FOR THE HOMELESS FOR 208507 AMERICAN ROTARY BROOM CO., I MOP 62683 - SWEEPER PARTS BOYD W REED JR 208508 RETIREE HEALTH BENEFITS JUNE 2006 208509 RETIREMENT 2000964-S90 JUN-MAY'06 RETRC208510 CALIFORNIA COMMERCIAL SECUR MOP 45754 - KEY BLANK CITY OF NATIONAL CITY PETTY CASH CITY TREASURER OF S D CORPORATE EXPRESS COUNTY OF SAN DIEGO D-MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING DEFRATIS DICERCHIO DREDGE DSL EXTREME EWERT, PHILLIP FERGUSON ENTERPRISES, INC FLEET SERVICES, INC LORES 208511 208512 INDUSTRIAL WASTE PERMIT COMPLIANCE 1208513 MOP 45704 - BINDERS UNDERGROUNDING FUEL TANK APR 2005 STORM WATER SRVCS 5/25/06 5/25/06 5/25/06 5/25/06 5/25/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 208514 5/30/06 208515 5/30/06 208516 5/30/06 MOP 45749 - RAILING REPAIR CIVIC CENTER 208517 RETIREE HEALTH BENEFITS JUNE 2006 RETIREE HEALTH BENEFITS JUNE 2006 RETIREE HEALTH BENEFITS JUNE 2006 WAYNE SUTTER C C PROJECT -EL TOYON RETIREE HEALTH BENEFITS JUNE 2006 MOP 45723 - TUBING MOP 67804 - PARTS FOR EQM #171 208518 208519 208520 208521 208522 208523 208524 REIMB FOR RENEWAL OF LEAD CERTIFICAT1208525 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 5/30/06 372.34 725.40 498.44 277.20 94.80 47.41 925.00 3,964.26 255.43 145.00 1,050.53 228.88 701.04 265.97 63.57 115.00 9,868.50 383.10 120.00 70.00 250.00 54.16 160.00 494.73 150.62 75.00 1 City of National City WARRANT REGISTER # 47 5/30/2006 Payee Description chk no chk date amount HAMILTON RETIREE HEALTH BENEFITS JUNE 2006 208526 5/30/06 100.00 HOLLOWAY, WILLIAM RETIREE HEALTH BENEFITS JUNE 2006 208527 5/30/06 150.00 JONES & MADHAVAN KIMBLE LASER SAVER INC LOPEZ MATIENZO MCCABE MONTGOMERY KONE, INC. MYERS NAPA AUTO PARTS NOSAL, WILLIAM A. ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PARTS PLUS AUTOSTORE#713 PAUU PERVO TRAFFIC CENTER POTTER PRUDENTIAL OVERALL SUPPLY RAY RUIZ SHORT, CRAIG US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES MOP 46453 - WRENCH/BLADE MUNI POOL RENOVATION JAN 2006 ARCH SR 208528 5/30/06 4,750.00 RETIREE HEALTH BENEFITS JUNE 2006 208529 5/30/06 300.00 MOP 45725 HP 4600 MAGENTA TONER 208530 5/30/06 266.09 INTERPRETATION SRVCS ON 05/16/06 208531 5/30/06 100.00 RETIREE HEALTH BENEFITS JUNE 2006 208532 5/30/06 100.00 RETIREE HEALTH BENEFITS JUNE 2006 208533 5/30/06 280.00 MAINTENANCE/REPAIR AS NEEDED FOR 208534 5/30/06 1,456.50 RETIREE HEALTH BENEFITS JUNE 2006 208535 5/30/06 140.00 MOP 45735 - AIR FILTER 208536 5/30/06 197.64 RETIREMENT SETTLEMENT FOR JUNE 2006 208537 5/30/06 991.60 MOP 67256 ELECTRICAL PARTS 208538 5/30/06 248.03 MOP 45740 - WEEDER 208539 5/30/06 531.94 MOP 64946 - BELT 208540 5/30/06 30.58 RETIREE HEALTH BENEFITS JUNE 2006 208541 5/30/06 340.00 MOP 63846 - PAINT 208542 5/30/06 452.44 RETIREE HEALTH BENEFITS JUNE 2006 208543 5/30/06 150.00 MOP 45742 -MOPS 208544 5/30/06 195.33 RETIREE HEALTH BENEFITS JUNE 2006 208545 5/30/06 190.00 RETIRE HEALTH BENEFITS JUNE 2006 208546 5/30/06 310.00 RETIRE HEALTH BENEFITS JUNE 2006 208547 5/30/06 300.00 TRADE SETTLING CHRGS 5/06/06 - 5/12/06 208548 5/30/06 149.72 208549 5/30/06 49.12 VULCAN MATERIALS COMPANY ASPHALT FOR FISCAL YEAR 2006 208550 5/30/06 134.69 WILLY'S ELECTRONIC SUPPLY MOP 45763 - SWITCH 208551 5/30/06 12.94 ZENGOTA TREO650 BATTERY AND CAR CHARGER 208552 5/30/06 88.39 City of National City WARRANT REGISTER # 47 5/30/2006 Payee ZIETLOW, DAVID ZIONS BANK BLUE SHIELD OF CA CORPORATE EXPRESS DIRECT TV Description chk no chk date amount RETIREE HEALTH BENEFITS DUNE 2006 208553 5/30/06 150.00 4TH LEASE PAYMENT FOR 800 MHZ EQUIPME208554 5/30/06 48,678.25 DENTAL 1NSUR. JUNE 2006 208555 5/30/06 623.95 OFFICE SUPPLIES 208556 5/30/06 364.19 DIRECT TV - 05/13 TO 06/12 208557 5/30/06 74.98 EW TRUCK & EQUIPMENT CO INC BUS PARTS AS NEEDED FOR FY06 208558 5/30/06 659.38 KAISER FOUNDATION HEALTH PLA MEDICAL INSUR. - JUNE 2006 208559 5/30/06 11,264.00 MCDONALD TRANSIT ASSOC. INC. MANAGEMENT FEE 208560 5/30/06 12,776.40 NAPA AUTO PARTS STAFF VEHICLES PARTS 208561 5/30/06 256.36 PSECO INC. BUS WASH PARTS & REPAIRS FY06 208562 5/30/06 3,836.42 SOUTH COAST MEDICAL CLINIC RANDOM - BEN MWANGI 208563 5/30/06 36.00 NIFIRST MAINTENANCE LAUNDRY SERVICE FOR FY C208564 5/30/06 74.19 Total $ 112,165.51 Workers compensation checks 11693 5/24/06 10.79 11694 5/24/06 20.69 11695 5/24/06 183.34 11696 5/24/06 350.26 11697 5/24/06 156.84 11698 5/24/06 574.09 11699 5/24/06 283.46 11700 5/24/06 9.06 11701 5/24/06 145.27 11702 5/24/06 599.40 11703 5/24/06 262.20 11704 5/24/06 1,254.00 11705 5/24/06 88.00 City of National City WARRANT REGISTER # 47 5/30/2006 Payee Description chk no chk date amount 11706 5/24/06 176.00 11707 5/24/06 176.00 11708 5/24/06 88.00 11709 5/24/06 27.06 11710 5/24/06 59.29 11711 5/24/06 214.28 11712 5/24/06 306.00 11713 5/24/06 400.00 11714 5/24/06 22.74 11715 5/24/06 400.00 11716 5/24/06 32.30 Total $ 5,839.07 Grand Total 118,004.58 TRANSINT WARRANTS CHECKS 208555 — 208564 CKS 19 TOTAL $29,985.87 001 105 111 125 136 172 212 254 303 307 349 552 626 627 628 631 632 643 City of National City WARRANT REGISTER #47. 5/30/2006 GENERAL FUND 50,665.15 PARKS MAINTENANCE FUND 420.85 P.O.S.T. FUND 1,595.84 SEWER SERVICE FUND 10,700.97 TINY TOT CLASSES FUND 205.55 TRASH RATE STABILIZATION FUND 3,964.26 PERSONNEL COMPENSATION FUND 5,297.13 LEAD -BASED PAINT HAZARD REDUC 75.00 CAPITAL FACILITIES FUND 3,000.00 PROPOSITION A" FUND 12.00 GEN FUND LOCAL ASSISTANCE FOR 1 1,750.00 TDA 29,985.87 FACILITIES MAINT FUND 2,478.09 LIABILITY INS. FUND 5,839.07 GENERAL SERVICES FUND 68.00 TELECOMMUNICATIONS REVOLVI 142.55 GENERAL ACCOUNTING SERVICES 925.00 MOTOR VEHICLE SVC FUND 879.25 TOTAL 118,004.58 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. ,,eint BUDGET VESTM NT 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 20th OF JUNE 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 21 ITEM TITLE TEMPORARY USE PERMIT — Granger Middle School Graduation Ceremony on June 14- 15, 2006 at 2101 Granger Ave request to use the City's stage and chairs PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Granger Middle School for the use of the City's stage and chairs at their graduation event on June 14-15, 2006. Granger Middle School failed to submit the request for the City's stage and chairs in a timely manner. However, The City Manager endorses the use of the City's stage and chairs for this event because this is an annual event that has not incurred any problems or opposition in the past. Environmental Review X N/A Financial Statement The City has incurred $35.00 for processing the TUP through various City departments, plus $450.00 for Public Works. Total fees are $485.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use 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, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 22 EM TITLE TEMPORARY USE PERMIT — Cornerstone Church of San Diego's Summerfest 2006 a� IT 1920 Sweetwater Rd. on June 24, 2006 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from Cornerstone Church of San Diego to conduct the Summerfest 2006 event at 1920 Sweetwater Rd. The event will be on June 24, 2006 from 12:00 p.m.- 6:00 p.m. The event will include food booths, game booths, face painting, basketball, a car show, pony rides, live worship music, and an petting zoo. Alcohol will not be sold and church volunteers will serve as security attendants. 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 The City has incurred $345.00 for processing the TUP through various City departments. 114, Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use 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 Pe lit 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: EVENT: DATE OF EVENT: APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY RISK MANAGER ENGINEERING PUBLIC WORKS/PARKS COMMUNITY SERVICES CONDITIONS OF APPROVAL: Cornerstone Church Summerfest 2006 June 24, 2006 (12:00 p.m. — 6:00 p.m.) YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE (619) 336-4550 1. Provide metal cans with leads and label "HOT COALS ONLY" for used charcoal disposal. 2. A fire safety inspection is to be conducted by the Fire Department prior to opening to the public. Inspection to include all rides, cooking area, game booths, etc.. 3. All cooking booths to have a minimum of one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 4. Minimum of one 2A:10BC fire extinguisher is required for the stage. 5. Fire Department access to be maintained at all times into the area of the Summerfest. 6. Access to any and all fire protection equipment, such as fire hydrants, fire department connections for fire sprinkler systems, standpipes, etc. must be maintained at all times. 7. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine (349.00) dollars. 8. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred (100.00) dollars. POLICE (619) 336-4400 Organization must have professional private security firm handle security and crowd control. The organization also must have signed security agreement and security plan in place before final approval. The Police Department must approve of security plan prior to event. FINANCE (619) 336-4330 1. A business license is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) CITY ATTORNEY (619) 336-4220 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. ENGINEERING (619) 336-4380 No CIP Projects in the event's vicinity anticipated as of date. Please confirm with Engineering 1 week prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus _ Motion Picture _ Grand Opening ^ Other Event Title: S/,(/44 {-i4 e fas-/— ?/ V 4 Event Location: / gX Su., i i ;4,7t el. ,Community Event _ Block Party Event Date(s): From a to lv •dy •4h Total Anticipated Attendance: �// D1 4 Month/Day/Year (/00 Participants) (gpd Spectators) Actual Event Hours: ig a aft Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date, Completion Time: 9 am List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening_ Sponsoring Organization: P125 ,/ f u¢For Profit Chief Officer of Organization (Name) >C Not -for -Profit Applicant (Name): .Sf 2 3i D / Ae4 Address: ' ,3�7/ i �,�/ ��. C�,../ 1/s41. his/I ���� `.a Daytime Phone: G(L 33 Evening tPlhoone: c6/� ` 64' 7 Fax: • L?7% Contact Person on site day of the event: I Y t `'1" 412.e /4 Pager/Cellular: Z7/ J 1-b /j ✓p-rl a. 7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 L,—lam G �lw Is your organization a 'Tax Exempt, nonprofit" organization? Viol' )(YES_/ NO Are admission, entry, vendor or participant fees required? _ YES/� NO If YES, please explain the purpose and provide amounts);, Pp — CkAt �E7. , j ra 7/i VIC $ 0bD Estimated Gross Receipts including ticket, product and sponsorship sates from this event. $ 0 0 Estimated Expenses for this event. $ ^Mat 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. 7 47/;/ C frmfl!/44/4 nrs74,2fail/ 4c:g92 ,cad iS, hz e r �� J, i714-s} L, ✓£ fwi0i5h /i I S/E. eh%// cow/is/ .4e you 1/1,Ji' 5,dm 5 y a 1) an j J2,d s ? 7 i4 zoo, 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 SO S. YES NO YES YNO YES )(NO YES NO YES XNO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: love/ caPt- der,1446 cowl Does the event involve a moving route of any kind streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing ail streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. Mill 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 dro pa- b 0 ) -N , c Y` If you intend tq cook food in the event area please specify the method: _ GAS X ELECTRIC x 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 be retumed 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: 4 4 t4pt lees .074 si , c 6 / /0(E5 -t11 touyti 0J s, i ,P„e 12>!Cye4;4 3 Please describe your procedures for both Crowd Control and Internal Security: Y'�10:4/1S, 5ge ;4 )L (eah vD/ut /t.�iz5 J _ 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. 1145/LL/o/ , 7L5 „ME 1.044/f6/-7-1/Pilo,/1 Please describe your Accessibility Pia for access at your event by individ ✓ i�t7 Gv , // Bf 9"/217y.+s 1 Z. frig/ [.c>r I , pu/16g A/o 4�e1ss,44 7 als with disabilities: hllS S1:17/2 S PleAse provide a detailed description of your PARKING 1 //�� .MQ42i Sw >r F /tv 4-fV 40(.041 iA? /S dl //) r A M 44, (��%. Please describe your plan for DISABLED PARKING: pdfLk- 4.00.4‘5_5 Alf.42F5I --1-4 he, 1/14 wIG, r /a di/i444 7 . a gi7i2/i/E- 01 SirAe i 5 o e✓ Cf s.9/;c47/ 4 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? XYes (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 Co t`Y►e i f -1-0 ✓}e v rch - ,Sar) Oi-ego Type of Organization C h 11 t (' h (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) )i 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) Sig t 9 5%/0 Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 23 ITEM TITLE TEMPORARY USE PERMIT — Sweetwater Harley-Davidson's 3rd Annual Rosarito Beach Harley Run at 3201 Hoover Ave. on July 29, 2006 from 9 a.m. to 12:30 p.m. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Sweetwater Harley-Davidson to conduct the 3rd Annual Rosarito Beach Harley Run event at their location on 3201 Hoover Ave. on July 29, 2006 from 9 a.m. to 12:30 p.m. This event requires a street closure at the 3200 block of Hoover and 33`d Street between Hoover and National City Boulevard. This is for the rider staging area. 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 $164.02 for Public Works. Total fees: $509.02 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Us6 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: Sweetwater Harley-Davidson EVENT: 3" Annual Rosarito Beach Harley Run DATE OF EVENT: July 29, 2006 TIME OF EVENT: 9 a.m. to 12:30 p.m. APPRQVALS: 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 No specific request for police services. Applicant will need to coordinate with Public Works for barricades and temporary road closure signs during the event. No Police assistance will be available for traffic direction. All participants will need to obey all traffic signal devices and traffic laws when proceeding from the parking area to the freeway departure area. A copy of the TUP will be forwarded to the day shift watch commander for extra patrol during event. CITY ATTORNEY I. 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. PUBLIC WORKS (619) 336-4580 1. The applicant has notified the City of a potentially unsafe situation at the railroad crossing immediately adjacent to the proposed staging area. Currently, Public Works is working with the applicant, the railroad agencies and other area stakeholders to correct the situation. To assure that the City is not at risk due to the railroad crossing's condition, the applicant shall be required to provide the City a fully executed hold harmless and indemnification agreement satisfactory to the Risk Manager and the Office of the City Attorney. 2. Crews will post "No Parking" signs on Hoover Avenue and 33rd Street. We will set barricades on the corners of 30t Street and Hoover Avenue and 33rd Street and National City Blvd. for placement/road closure by event personnel prior to the event. 3. Event personnel will return barricades to corners at the end of the event. Public Works crews will remove signs and barricades on Monday morning. 4. The cost to provide Street personnel support for this event is estimated to be $164.02, unless waived by City Council. ENGINEERING No CIP Projects in the event's vicinity anticipated as of date. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City (done). FIRE (619) 336-4550 l . Emergency Access to be provided to all businesses within the area of staging. 2. Participants to move immediately to the right upon approach of emergency vehicle(s). 3. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). Throughout the travel route and event Location. Type of Event: _ Public Concert _ Fair _ Parade Demonstration _ Motion Picture _ Grand Opening RECEIVED MAY 1 0 2006 L CITY, CALIF, _ Festival yC Community Event Circus t Block Party ,g Other N Event Title: 51,1./U/A,.0 (alai D L�tatXj EventLocation:3abl YtnDVLr Ave- — dAtfa) Event Date(s): From r/- 29�I3 to 729-i Total Anticipated Attendance: Month/Day/Year (Participants) Spectators) Actual Event Hours: 4100 gpm to LV3V am/ r/i Setup/assembly/construction Date: 70-9-{4 Start time: 77)0 a{t Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 71,29-1)6 Completion Time: /a:40 amI List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day nd time of reo Wing. 3 4- 33t3D '7 1 tv- 2l1✓1 J Sponsoring Organization: It (v 4 7$h 411 /L" ForProfit ,� S Chief Officer of Organization (Name) //�jSJ S//l� X Not -for -Profit Applicant (Name): AA/I/at/eV / -; f I 1 RE)LJ eat Address: ' 0 ( wr A' Daytime Phone: (//T) 4'f %7 Evening Phone: lr/9) 472-&V2S Fax: 0) 477-447t) Contact Person "on site" day of the event: 'l�Cx Pager/Cellular: b/9- 9,;?/- 1 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _ YES NO Are admission, entry, vendor or participant fees required? �1 /YES _ NO If YES, please explain the purpose and provide amount(s): L62' i J/L )4 $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES ¥ NO X YES _ NO Does the event involve the sale or use of alcoholic beverages? t Will items or services be sold at the event? If yes, please describe: J6Op7CY' YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES _( 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: 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: pZ (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retumed 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: 3 Please describe your procedures for both Crowd Control and internal Security: _ YES A NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please i9dicate whal arrangement you h ve fnade,fpr pr9viding First Aid taffiniAnrquipment. tht[Lbl`s air ��/ Atu.I 11 Ple se describe your/,accessibility RIfor access at your event by,individual/5 with disabilities: M 15 a i'haTDYB� ( ,ALdialf Amp Cam) (1(i2 piA 4A has 4t111/ 4 Please provide a detpjled fle sgription of your PARKING plan: alk Ple se d sgribe your Ian fr DISABLED PARKIN "LaL /,t l-F 4 Please event: scribe your plans to notify II residents, businesses and churches impacted by the .A hil E Ne ighborfib schedu ed in the City parks. ItGlfilL4V4 14111/ k data Nit phd hod hills r 4 paid- must be notified 72 hours in advance when events are _ YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO YES,C NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES ZC NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES A(, NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office Use OnCy 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 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 For Office Use Only Date Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature 9 Date 4. NU vER A E. 1 D ' 40 s 51 P � s PtliLuT 3D 1 PI TRIM] 54 WE1T S4 EAST o i v City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 24 ITEM TITLE TEMPORARY USE PERMIT — Inflatable World at Westfield Plaza Bonita from May 13,� 2006 to September 3, 2006 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION At the May 2, 2006 City Council meeting the City Council asked that this item be brought back to the June; 20, 2006 meeting for review. Staff has contacted the police department and Plaza Bonita and has determined that the event has not caused any problems for City staff and is not impacting other events at the mall. Inflatable World Corp. is conducting the Inflatable World Amusement Park event at Plaza Bonita until September 3, 2006. This event will features 18 inflatable units, including slides and obstacle courses. The event operates daily Tuesday through Sunday from 12 p.m. to 8 p.m. and is closed each Monday. Environmental Review X N/A Financial Statement Original fees totaled $1043. No additional fees will be assessed. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the extension of the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) J 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 [ ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] 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. BUILDING & SAFETY (619) 336-4210 1. The Temporary Use Permit may be revoked if necessary at any time. 2. T.U.P. will be reviewed at June 20, 2006 Council meeting. Type of Event: Public Concert Parade Motion Picture Fair Demonstration — Grand Opening Event Title: Inflatable' World Event Location: Westfield Plaza Bonita Festival Community Event Circus _ Block Party Other Inflatable Amusement Center Event Date(s): From VI 3/06 to 9/1/06 Total Anticipated Attendance: Month/Day/Year Actual Event Hours: 12am/pm to g am/pm Setup/assembly/construction Date: 5/3-5/ 12 Start time: ( ( ln•00a 1,95n per wpek Participants) Spectators) Please describe the scope of your setup/assembly work (specific details): e dimen Thsion of the facilitywe will be setting up at, are a r— oximar-1y 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 ntrppts willhp nppdprl We will fpnre nff the area alnng the perimeter, next by our staff then the inflatables willbe setup Completion Time:9/y/06 am/pm result of this event. Include street name(s), day and eopening. to hp rinsed for the entire pvpnt Sponsoring Organization: ✓/✓ d «'f /• For Profit Chief Officer of Organization (Name) �,/ , 4a‘- Applicant (Name): /7✓7 + ,/ I4��G Not -for -Profit Address: //3�/_atr� ' Clv—L Vi-s+ . / CA 9/ 0 Daytime Phone: CO) ZY7--eo 1.; Evening Phone: (( �z/7�ps LL) y Fax: ( /retY/j'Ir Contact Person "on site" day of the event: 1 Pager/Cellular: /iT Z./7 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 x_ NO If YES, please explain the purpose and provide amount(s): There will hp an admission fee paid for the entire day for the use of the gamPs and faritity Admission for children is $10.00on weekdays, $15.00 on weekends (for the entire day $ 75,0n0 a moEttlinated 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 Amisementtypp park There are a total of 1R inflatable tinitc. which include Glidpc nhctarle enur9es, and hn.u„r-nrg The power source for the entire Bark will hp a silent l00kw grneratnr The asphalt will he covered up by artificial turf for protertinn. We We provide security for our ,ark. Porta potties and handicap port apotties are prnvided fnr oiir patrnns There is handicap arcesihility at the entrance. Floor attendant employees supervise safety of children and games. Tnflatahle gernes arp setup and staked down everyday. and will be deflated and covered up at the end of each day. with the piirrhaRe of adm;ss-(_on patrons will be allowed to ride all day. Inflatable World is a family oriented activity8nd 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 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 tenUcanopies 1 Sizes NOTE: A separate Fire Department permit is requiredF 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 fond rarr is lnrarad ; n the tip. park - Drinks, rhips , and parkagpd randy ni,r enld If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify) Admission 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, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy din enSions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, 'stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition") Number of trash cans: 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: We 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: Metropolitan Public Safety Security Organization Address: P.O. Box 880041 San Diego. Ca 92168 Security Director (Name): Lee Clay Phone: (619) 482— 1151 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. We do provide a first aid kit for small cuts and burns. We We _.av the parimedira information and talaphnna in ['ASP of an PmPrgency. Please describe your Accessibility Plan for access at your event by individuals with disabilities: There are three access Rates at the front entrance. One is used for Entrance. the second for exit, and the third for handicap access. There is n th PP not q ii • doors for eme • Pnt anre or Please provide a detailed description of your PARKING plan: Parking w.i11 be provided on both sides. of the park and additional packing space will be available right in front. Please describe your plan for DISABLED PARKING. seves_al—disabled parking spaces will be made available along the front entrant' Please describe your plans to notify all residents, businesses and churches impacted by the event: Businesses at the Westfield Plaza Bonita will be notified shout 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: Type of Music: _ YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm 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 be used for your event: Number of Bands: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners with the Inflatable World logowillbe displayed on the fence: 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 Trees, 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 inflatable World Corp. Person in Charge of Activity Arthur Fonseca Address 1139 Mansiones Lane Telephone (619) 247-0099 Date(s) of Use 5/13/06- 9/3/06 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. /A` 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, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature 9 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. i DE OP LEASED or 7 7-7? 7 0 2 DEVE�OPER 0 PARCEL b M RVYN' EAS D PAI OT 9 VLO°ER LE ED PARCEL LOT 113 2 Levels 36,O00 sl )o< < / 5 / JI II / �l Endosetl ` ❑ 2 Le e'. Mall C NNEY LEA 0 PA EL PLAN 4,358 PARKING SPACES aim i_A 1 V°' / f er `/� --�r"', �:7' aC i N (,,, FUTURE DEPT. STORE ]9w LOT _ LOT 12 LL PARKING O IIPM060MENT P TOPER (i LEASED ':RL v, ;r v`il%VV .,DI 'v,-ram % 7 / % % 9/2 06 14:4 PAT, Marc' Ms.1; Cityi‘ Btuic' 1243 r Natic ty Depart -men Boulevard 91950-43 ATT : :..i ON Dear 1 Mr. Olso Pleas. at Westfi occ ul rking Lot Cons i Infl DBi Inflata Use: An en slides, snacks, Set i May 3r Ever: May 1 Breal Septem Hour. it Tuesda Monda covere Even ire-- Appro Ienar Noise !. hnsut Mr. i befo:. Fencin 24 Ho Will c Porto- Signag Owng genera Tenant Noise Tenant insur lying for a uncil on a If l c: her inform Spec. vlanager 002 4stfie[t 3HOPPIN,1OWN PLAZA BONITA 3030 Plaza Bonita Road, Sone 2015 National City, CA 91950.8007 Telephone (519) 267.2850 Facsimile (619) 672.5852 Bonita 2Ives owner Arthur Fonseca permission to back Steakhouse for the following use: Corporation t zone consisting of approximately 15 inflated jump-arklund environments. Pre -packaged candy, ater soda will also be sold. May 12` 2006. gh September 3ra, 2006 rough 6th, 2006 Sunday, 12:00 to 8:00 p.m. daily (closed day event is closed slides will be deflated and s. 80' by 180' n tenant's entire event r own trash pickup two times per week eluding handicapped porto-potties ate handicapped parking for power — tenant owns "quiet" form of advised of and agrees to observe National City e at all times. y adequate insurance as per Westfield Plaza Bonita ements y Lise Permit and understands he must appear date before his TUP can be approved. isc call me at 619-2.67-2850. PHONI Ij 001 -Waved. Plaza Bonita 3030 Plaza Bonita Road Nadonal City, CA 91950 Telephone (619) 267-2850 Facsimile (619)472-5952 DATE TO: Joe Olao National Ming & Safety Department FACS, UM R: 619-336 FROAt 619-33613 DonnaK4 rick Plaza Bo PRONE 3E 619.267 FAX 619.472. t12,o .r.,- Joe 1,.. d pi e find a le -rmission for tenant to occupy the West parking lot at P1,.: :ta went as sta i e letter. be at your ic- on Thursday, March 30 to apply for a TUP. Ple3 if u need ft_ inprmation at my office #6I9-267-2850. As -<a you for your assistance The co, , this csimile (includinOttachments) may be privileged and confidential. Any un,.. on. I us f the contents is .4, ly ,prohibited, If you have received the document in erivr, pls_ ce by t one (reverse . mediately and then shred the document Thank you. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 25 ITEM TITLE TEMPORARY USE PERMIT — The Revolution 5K hosted by In Motion, Inc. at Kimball Par on October 1, 2006 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from In Motion, Inc. to conduct the Revolution 5K event at Kimball Park on October 1, 2006 from 7 a.m. to 1 p.m. This event will include a 5K event for runners and walkers and the National City Mile, a prize money competitive one -mile run featuring Steve Scott and Gail Devers. Post -race activities will include entertainment, food, and family events. Event proceeds will go to the Community Athletic Center (CYAC) and the National City Fire and Police Departments. The start/finish line will be located at Kimball Park and will require the following street closures: West 12th St. between National City Blvd and D Ave; D Ave. from W. 12th St to 8th St; 8th St. between National City Blvd and D Ave; National City Blvd. from 8th St. to 28th St; 28th St. between National City Blvd and A Ave; A Ave. between 25th and 28th St. 25th St between A Ave and National City Blvd Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City depai intents, plus $3,183.69 for Public Works. Total fees are $3528.69. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use 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: In Motion, Inc. EVENT: Revolution 5K at Kimball Park DATE OF EVENT: October 1, 2006 TIME OF EVENT: 7 a.m. to 1 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x 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: ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. 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 from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations Located in National City that submit an initial business license application.) POLICE (619) 336-4400 Prior to event date, the applicant will need to coordinate with the Police Department traffic division and public works to plan street closures and staffing requirements for this event. Hired security firm will also need to submit to the Police Department a security plan for crow control and contact phone numbers for on -site security personnel for the date of the event. 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. PUBLIC WORKS (619) 336-4580 Street Division 1. We do not have sufficient manpower to close streets as requested. The entire route will need to be closed and opened following the final group or when the event is finished. 2. Staff will set out and remove barricades from affected streets. 3. Staff will post "No Parking" signs along affected streets before the event. 4. The cost to provide Street personnel support for this event is estimated to be $2,801.55. Parks Division 1. The applicant does not request the use of the City's PA system. Therefore, no PA system will be provided. 2. The applicant does not request the use of the City's stage. Therefore, no stage will be provided. 3. The event organizers shall provide a trash dumpster for the event. 4. The event organizers shall provide 10 portable toilets. 5. The cost to provide park maintenance personnel for this event is estimated to be $382.14. Total Public Works fees for the event are $3,183.69. 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 or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 4. Provide minimum rated 2A:10BC fire extinguishers at the stage and locations where cooking is taking place. 5. Provide a site map reflecting the lay out of the event. Placement of canopies/tents, exit pathways, etc. 6. First aid station to be provided and equipped. First aid station to be staffed by personnel trained at a minimum level of Advance First Aid. 7. Participates to move to the sidewalks upon the approach of any emergency vehicle. Festival Community Event Actual Event Hours: I' /pm to ( a Setup/assembly/construction Date: 1/3°/06 Start time: Please describe the scope of your setup/assembly work (specific details): Type of Event: _Public Concert _ Fair _Parade _ Demonstration Circus �/ Block Party _ Motion Picture _ Grand Opening ✓Other Wks Event Title: PVittA4T10,4 5 Event Location: ovitit t Vk 4 lsfA%IFIsIsK f - aupsv ^AA' victoSS4> — Event Date(s): From 10/ 1l06 to 41110 ce Total Anticipated Attendance: I f 1-vo Month/Day/Year ( IfParticipants) (2.0o Spectators) Dismantle Date: (0.1. 0 ie Completion Time: 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. 'c5-V A TV"c,t+-eD Co,v_s, Aixtr[Z.RATtivES AT.39 gctt rcr Gt.oS14Ef Sponsoring Organization: l f\i MOT►ot tr C- Chief Officer of Organization (Name) I. f tJ c-L -AP,A A.( A l.1 Applicant (Name): LEIS WA 61A R iA For Profit Not -for -Profit Address: 6355 GoFM- Pal- J' 1D / OA VT'S G- 103 eA?tar4D, Daytime Phone: (0) 612.2'100 Evening Phone: (bICI )940. q%(o Fax: ( ) VIZ .211/) (420I I Contact Person "on site" day of the event: L IC Pager/Cellular: ((p 14 8q-: , 8 4-0b NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES 'NO Are admission, entry, vendor or participant fees required? V YES _ NO If YES, please explain the purpose and provide amount(s): 'fit wtve iE coAefe.0 10 co,ft'RtG Cost" or- iiera `tC / fP4KAOS pK+c*ep, SG tti iGFt e. .ter. frogfees' U t 4- QAlu6E Fr -a- 4,9 Tv SO . $ t00,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ q 0, 000 Estimated Expenses for this event. $ 10, 000 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. 5 ptr-AC..-F E..E-"J1- w4(147-A-Tt" . AAP C' 4-SE MAPS �\ p YES _ NO thvcas, cars e xcfrom National Ife eent City car dealers?involvesthe Ifsale NOof, listranywill additional thear dealerscomeinvolvedlusively in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? _ YES V NO Will items or services be sold at the event? If yes, please describe: v YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. /YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES - NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES 1IV0 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: ' 3I7 If you intend to cook food in the event area please specify the method: 'T (jD 'GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (I' (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: 3 (Duw.PSW4S) Describe your plan for clean-up and removal of waste and garbage during and after the event: 6oru.A Su_vtt,Er tot-,g.� 4�S(>,$ \PLE foe. ties4r 3 Please describe your procedures for both Crowd Control and Internal Security: e ► 'h' is Wow Cer iii" •0 'N Q¢ov tDE S^EC44 t 1 foie- T'N% SEGt,pr'f wtw P,� POSRry t tokitAK, cAT utett,4.cciCo4 K6.(2- Q. ✓ YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: SMS, AE(oo cArt' c„eAS Security Organization Address: E5.4"04 Cm P1 " SAtN p sbo CA q 2I 23 Security Director (Name): WOO 4# w4.31,a Phone: BS$. _ 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. IAA D1e.4o0 ,t*g,pILA►- S+E(2-vICej ww I'IZo»toe orSE C_S a.4I??637 AAA5nt c-E Si- f 1 w►CI+ two eATr Ai' 414* tSK 1-11c. Please describe your Accessibility Plan for access at your event by individuals with disabilities: AU SIPEw4t.tj wtu t3% C. c - 'r %gokbViot"r Please provide a detailed description of your PARKING plan: PAILTIGIPArATI Witt- (ASS tt'(LP.&r QA1/4f* C. Please describe your plan for DISABLED PARKING: D1Text, I.,' (2,Rl�vat) Wu-t BCE AVA►T+ r,G-fldr l of Ort TVe CaAgSE 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 1/4/t-+-- » ML am A r+1 b1IVOFtt-Oot> ;'.O1 tcru-norJ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: T Type of Music:D YES NO Will sound amplification be used? If YES, please indicate: 1'j0 Start time: --' Finish Time It `- YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: �)'pm Finish Time , , m Please describe the sound equipment that will be used for your event: / PA sy5TE/vt �lv c _ YES 1 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: "YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 541—.4exi-c 1141514 Ffb'J 1S A4> Revised 08/10/05 5 Event: ,for Office 'Use OnCy 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 Harmles Agreement. Certificate of insurance must be attached to this permit. LC 4 T► CkrE- 11 ,a„/) Organization t Montni Person in Charge of Activity LV►S}I- Gue-F-I'-A Address 6?55 Ca..re vet 'r Et7j rt^ire c.1o? 641S D( D.bQ2,2Q00 42ort- Telephone Date(s) of Use 4J oJo $o`f/o6 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 .WevrnK of OQgR4TterVS Official Title For Office Use Only S•I1.o6 Date Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) / V No (Please sign the form and submit it with the TUP Application) Vc PP-zc.F.-cs wtu- gr-+t tt cyAc-, N.n(4 4 t p > 'TSB 2. Please state the name and type of o?ganization 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 tht 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: Si n ai�t`e 9 No (P lease sign the form and submit it with the TUP Application) LvaS11.• f- P.d�,MµOno.),twit. 9 Date Revolution 5K Run/Walk Sunday, October 1, 2006 - 8 a.m. Course Narratives and Street Closures Revolution 5K Run/Walk — 8 a.m. Start Start at Kimball Park near the entrance at W. 14th Street and National City Blvd Head north out W.14th Street Tum right onto W. 12th Street Tum left onto D Avenue into southbound lane Tum left onto E. 8th Street into eastbound lane Turn left onto National City Boulevard into northbound lane Cross over into southbound lanes at 14th Street Tum left onto E. 28th Street Tum left onto A Avenue Turn left onto 25th Street Tum right onto National City Avenue into northbound lane Tum right onto W. 12th Street Turn right onto W. 14th and retum to start area Street Closures — 5K W. 14th Street — Closed from National City Boulevard to W. 12th Street (inside Kimball Park) from 7 a.m. to 1 p.m. W. 12th Street — Closed from National City Boulevard to D Avenue from 8 a.m. to 9:30 a.m. D Avenue — Northbound lane closed from W. 12th Street/Kimball Way to E. 8th Street from 8 a.m. to 8:15 a.m. W 8th Street — Westbound lane closed from D Avenue to National City Boulevard from 8 a.m. to 8:30 a.m. National City Boulevard — Northbound lane closed from E. 8th Street to E. 25th 8 a.m. to 9:30 a.m. National City Boulevard — Southbound lane closed from W. 14th Street to E. 28th Street from 8 a.m. to 9:30 a.m. E. 28th Street — Closed from National City Boulevard to A Avenue from 8 a.m. to 9 a.m. A Avenue — Closed from E. 28th Street to E. 25th Street from 8 a.m. to 9:15 a.m. E. 25th Street — Closed from A Avenue to National City Boulevard from 8 a.m. to 9:15 a.m. National City Mile — Start Immediately Following 5K Finish (approx 9:30 a.m.) Start at Kimball Park near the entrance at W. 14th Street and National City Blvd Turn left onto National City Boulevard into northbound lane Turn around at or near W. 22nd Street and remain in northbound lane Turn right onto W. 14th and return to start area Street Closures — National City Mile National City Boulevard — Northbound lane closed from W. 14th Street to E. 23`d from 9:30 a.m. to 10:15 a.m. Revolution 5K Run/Walk Sunday, October 1, 2006 — 8 a.m. Event Narrative The Revolution 5K Run/Walk will take place on Sunday, October 1, 2006 at 8 a.m. The walk will start and end in Kimball Park located off National City Boulevard between 12th Street and 16th Street. In addition to a 5K for runners and walkers, the day's activities will include the National City Mile, a prize money competitive mile featuring Steve Scott and Gail Deevers. Post -race activities will include entertainment, food and fun for the whole family. The pre -registration fees will be $25 for adults and $15 for children 15 and under. Late registration fees will be $30 for adults and $20 for children 15 and under. Event proceeds will stay in National City and will go to the Community Athletic Center (CYAC) and the National City Fire and Police Departments to be used for programs and safety equipment that will benefit the community. 12EVo WTI or4 CoUFSE /vlap — I — s iIJor ATi4 AL CID( tLE Cot SE /MAp 1 w. lilt Sr: 1 1 MrrAc _ IL aTSrge. PLhzA- $L 4) 2ge s, c-r- N MOTION EVENT NIAFuKL. t ING 8. MANAGEMEN1- May 17, 2006 Joe Olson City of National City Building & Safety Department 1243 National City Boulevard National City, CA 91950 Dear Joe, In Motion, Inc. is submitting the enclosed Temporary Use Permit application on behalf of Constellation Properties for its proposed event "Revolution 5K Run/Walk" on Sunday, October 1, 2006. This proposed event will also include the National City Mile - a prize money competitive mile featuring Steve Scott and Gail Deevers. Post -race activities will include entertainment, food and fun for the whole family in Kimball Park. Event proceeds will benefit the CYAC and the National City Fire and Police Departments. Thank you for facilitating the consideration of this proposed event. Please don't hesitate to contact me if you have any questions or need more information. Regards, Leisha Guerra Director of Operations 6355 Corte del Abeto, Suite C - 103, Carlsbad, CA 92009 760/ 692-2900 Fax 760/ 692-2901 www.inmotionevents.com MEETING DATE June 20, 2006 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 26 ()TEM TITLE PUBLIC HEARING — INTRODUCING AN ORDINANCE WHICH AMENDS CHAPTER 18.108 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 18.108.230 WHICH WOULD ALLOW THE TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION. (Applicant: City initiated. Case File No. A-2006-2). PREPARED BY Claudia G. Silva (x 4222 EXPLANATION Roger Post (x 4316) DEPARTMENT City Attorney EXT. Planning Department Please see Agenda Item No. 30 for explanation of proposed ordinance. 2 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION 1. Conduct public hearing; or 2. Continue public hearing to a specific date. BOARD / COMMISSION RECOMMENDATION At its regular meeting on May 1, 2006, the Planning Commission recommended adoption of the ordinance L ATTACHMENTS ( Listed Below) Resolution No. 1. Public Hearing Notice (published in newspaper only, not mailed) 2. Notice of Exemption A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, June 20, 2006, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: AN AMENDMENT TO TITLE 18 (ZONING) OF THE MUNICIPAL CODE REGARDING AFFIRMATIVE TERMINATION OF NONCONFORMING USES. (Applicant: City Initiated. Case File No. A-2006-2). Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: June 2, 2006 A Michael R. r all City Clerk ® Recycled Paper NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: Public Hearing — An Ordinance of the City Council of the City Of National City Amending Chapter 18.108 of the National City Municipal Code by Amending Section 18.108.230 Pertaining to Affirmative Termination by Amortization of Nonconforming Uses Proiect Location: City-wide Contact Person: Claudia Silva Telephone Number: (619) 336-4310 Senior Assistant City Attorney Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the National City Municipal Code regarding nonconforming uses. Applicant: City of National City 1243 National City Boulevard National City, CA 91950 Telephone Number: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. ❑ Not a project as defined in Section 15332 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, because the amendment does not have a direct affect on any property or environmental consequence. Any future individual project would be reviewed in accordance with CEQA. Date: Claudia Silva Senior Assistant City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE 06/20/06 27 AGENDA ITEM NO. ITEM TITLE 2005-2006 WWeed Abatement Public Hearing PREPARED BY Donald Condon, EXPLANATION Battalion Chief 336-4550 DEPARTMENT Fire In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. The City Clerk shall thereupon set the report and account for hearing at least ten (10) calendar days after the date of filing. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION City Council by resolution approve the Report and Account as submitted or as modified or corrected by the City Council. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Fixed Charge Special Assessments. Resolution No. A-200 (9/80) 557 380 51 00 558 320 07 00 $2,260.70 $1,345.16 City of ."' ' ,tonal City Weed Abatement Program 2006/2007 Fixed Charge Special Assessments Plaza Blvd National City 3040 E 20th St National City 91950 Barber Agnes I Est Of 2240 El Prado Ave Mellor Alan 303 H St #412 Lemon Grove Chula Vista CA CA 91945 91910 564 401 07 00 $3,667.56 3605 Cagle St National City 91950 Weaver Lawrence A 3605 Cagle St National City CA 91950 Total Parcels: 3 Total Assessrr $7,273.42 -57 3go Si on vA-civo . 2g +E e• . e 40, NW COR, OF C 1/2 OF BO AC A L//OT2 —-!' is VIr ST OP. CLS� D m0 o TH5 NAP WAS PIEPA{EO FOR ASSESZENT RRPDSES OW. W SMUTS S 1535E0 FOR TFE ACLU CY OF THE DATA GOWN. ASSESSORS PARCIS KO NOT CWRT WON LOCAL 511005G01 CA WILING OOONWCES SAN ONO COVNT5 ASSCSSON'a Mar ucox 557 pa GT 38 1'p;r r eA! 9 TA 39 SWW OR OF u NEW OF EI/2 OF BOAC, LOT 2 SCALE 1N 1/10 OF AN INCH 31 // 557-38 IO JI OF 50 AC. LOT 2 aD 0.63 AC. 171 ED MAP I66-RHO. DE LA NACION-POR. QSEC 129 ROS 8845/ 9406 ti 06 55- g 3,. 0 0 7 00 0 p ED SAN DIE COUNTY ASSESSORS MAP 9C 4( 555 PAGE 32 3 oq10 &. ; o ."` s DI 20Itt T. 1 i t O 1 m 350 351 352 353 1 H. t W 387 O 386 as 384 354 0 321 /9J.99 O 355 ao 356 is 357 291.55 }}jj 16 N75 e'EO'E 358 359 LAY 11®TFORCOItrASI GLL 6 OR BUILDIES NG OR Mai ITO 4..... 2e ES au 3 % ® A: 19Oa✓seks., 60 py, 1i1.111 1OS.fo 8 1 PAR 2 36 g $syF� 37 PAR p6S33 j i� vN16333 141.,4 a 7MAe J 2 s PM17821 /55.57 109 >; ▪ PAR Z PAR 1 i-7. 0O e 22 NII 15a55 105 PM17521 m .,... s ti 3/8 40'/N. � )l.. N V COD 279 210 CLMSERIAA3 St 558-32 OS/09/2003 IX C 350 1I i S OLD _ - CUT 33 PO 5 s 127 J16 a VI 2X4 1T 391fle78 alai w79 79 S478 4/ • 3333 92(43 7e ISM 14 A 91 4441 19 445:45 97 1577 16 W 04 719 MAP 1748 — LINCOLN ACRES ANNEX NO 2 wlc CHW' 54BAY PARK W pY S O U T µ µW . OP SAN DIEOO COUNTY ASSESSOR'S MAP 5(0'/o/ 07 00 3605 CA-6L-F ST: MAP 4805 - SWEETWATER HEIGHTS 564-40 al -DO 4OZ 01.0 Um, SUMMARY REPORT FOR APN 557-380-51-00 10/18/05 Citizen complaint received. 10/25/05 Initial inspection was made, property was found to be in violation. 10/26/05 Mailed 30 day courtesy notice to the owner. 12/02/05 Re -inspection was made, property was found to be in violation. 12/02/05 Posted property. 12/02/05 Mailed 10 day final notice to the owner, certified mail. 12/20/05 Final inspection was made, property was found to be in violation. 01/04/06 Verified ownership information with County of San Diego. 01/04/06 Assembled abatement package and forwarded to National City Fire. 01/17/06 Work order authorization signed by City Official. 01/20/06 Certified mail returned "unclaimed". 01/20/06 Verified ownership information with County of San Diego. 01/23/06 F.P.S.I. crews abated the property. 01/24/06 The owner was mailed a bill at our contracted rates. 02/22/06 The owner was mailed a final bill. 03/15/06 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Barber Agnes I Est Of Address: 2240 El Prado Ave Lemon Grove, CA 91945 Parcel Number: 557 380 51 00 Date: 10/26/2005 Location of Public Nuisance: Plaza Blvd National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 10/26/2005. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $200.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared --In General y'F following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Citv Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement-- Appeal-- lIearine Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. .uld have any questions please feel free to contact me at your convenience. Sincerely yours in public safety, 1-866-779-3774 or http:/fireprevention.net Fire Prevention Services*** **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $200.00 B. per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized 30,001 square feet to one acre $425.00 E. per square foot over one acre $ 0.015 2. Discing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $ 0.018 3. Hand Labor A. per square foot of area abated $ 0.08 4. Dozer Operation A. hourly rate $ 95.00 B. move -on fee $ 95.00 5. Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material $ 28.00 B. dump fees (reimbursement of cost) 6. Excavator Brush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot$250.00 minimum $ 0.08 7. Administrative Fee (forced abatement only) A. Per Parcel 8. Attorney Services (when required) A. per parcel $250.00 Statutory 9. Miscellaneous Fees A. special inspection fee (includes documentation & photos) $ 50.00 B. abatement lien $ 40.00 C. release of abatement lien $ 40.00 D. public notary $ 10.00 E. file duplication fee $ 50.00 F. unscheduled labor (per man hour) $ 50.00 G. Unscheduled fees and or material (reimbursement of cost) NATIONAL CITY FIRE DEPARTMENT • COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No 1 DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 1 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes CALL FIRE PREVENTION 1-866-779-3774 http:/fireprevention.net I CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http:/fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT Yes INSTRUCTIONS WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $250.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http:/fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http:/fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http:/fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St., : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Barber Agnes I Est Of Address: 2240 El Prado Ave Lemon Grove, CA 91945 Parcel Number: 557 380 51 00 Date: 12/2/2005 Copy Location of Public Nuisance: Plaza Blvd National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 12/2/2005. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $250.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or _.,ngerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement-- Appeal-- Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If yoiLshpuld have any questions please feel free to contact me at your convenience. icei o.j yours in public safety, notice. 1-866-779-3774 or http:/fireprevention.net Fire Prevention Services*** **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. 0 Er N ru rrl rnl U.S. Postal Service — CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery inf ormation visit our website at www.usps.com,, -OFFICIAL U Postage Certified Fee 0 D O Return Receipt Fee (Endorsement Required) Restricted Delivery Fee —D (Endorsement Required) LJt 0 P- i Total Postage nt To eet Apt. No. or PO Box No. City, State, ZIP 557 380 51 00 Barber Agnes 1 Est Of 2240 El Prado Ave Lemon Grove CA PS:Form 3800, June 2002 r PoStra NC 91945 See Reverse tor ns ruc ions Search Results Label/Receipt Number: 7005 1160 0004 8112 7960 Status: Unclaimed Your item was returned to the sender on December 22, 2005 because it was not claimed by the addressee. NATIONAL CITY FIRE DEPT. m 1243 National City Boulevard 11 ' NATIONAL CITY, CA 91950-4596 'ner: Barber Agnes lI EstQf 1lress: 2240 Bi Prado Ave { Lemon G}ove, CA 91945 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF THE RETURN ADDRESS; FOLD AT DOTTED LINE NMI CERTIFIED MAIITM i i i i i i 7005 1160 0004 8112 7960 Parcel Number: 557 Date: 12/2/2005 `:; :4 5 i T'6 5 4O 'tdi't95QZ4596 NIXIE DEC—r05 Z? P METER 5136481 REc;; ,. National Gil, v AM 7,8 „9,10,11,12, S92i RETURN TO NOT DELIVERAEL>;. LNAELE TO BC: 91950459SS9 4.42_ 2i 1.2130i `5 SENDER AS ADDRESSED FORWARD *0SO4-0716$—O2-97 11,1,1„11)h),,,),),1)11„)„h),),),),,,))11))))717)1,71,)11 557-380-51-00 12/02/05 Re -Inspection 557-380-51-00 12/02/05 Posting 557-380-51-00 12/20/05 Final Inspection CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 1456 Owner: Barber Agnes I Est Of Address: 2240 El Prado Ave Lemon Grove, CA 91945 Parcel #557 380 51 00 Job location:Plaza Blvd National City Authorized by: Signature: Date: ©/ -l> WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: (} 060 sq. ft. Removal: cu. yds. Tractor Mowing: fo sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and anuldo. All piles of dead vegetation and debris must be removed from the property. [11111111 II ITPTR7 I1111111 4 1 I I I III1 5 II III Ill1 6 SCALE IN 1/10 OF AN INCH 1 2 NW CO*. OF E 1/2 OF BO AC LOT 2 w dT 544'/ZtN sr Dv__e CLSD 5T. LP o-0 T6 Wu. WAS PIEPAFEO FCR ASS'SSNNU R,4POSES OUT. NO L11Blnr IS ASSU.ED FO1 TI` ACCL*ACT OF THE DATA SHOWN. ASSESSOR'S PARCELS lar 1OT COIPLV WITH LOCAL SUWN694 OR WLODG CMw,NCES yw SAN DIC(:O COUNTY ASSCS500:0 MO" 000,557 00 ,C 38 ./-<;f N. E. CARS' OF B0 AC. LOT 2 N5514 OF EI/R2 OFOF .,BOAC. LOT 2 Z 4Q 557-38 I"f1 I OQ' CHANGES BLK Sao OLD 32 39 isi 14 4c 65 24 59 NEW i MJr. cr. 1045 Mora 9[ c 65 YR 84 64•L8 Shot" wnrmj a o2 69d90 D4 87 09 CUT 42/e Z828 5507 1401 1078 2255 0 s5l1 �2 Isso 0 See MAP 166-RHO. DE LA NACION - POR. QSEC 129 N� e ROS 8845,9406 �G 39 Q g 1995 Work space for diagrams and amount of work done Hand Sq. Ft.: 03100 0 Tractor Sq. Ft.: Total Removal Cu. Yds.: 000 I r X 267�- 50,9 9 l`S1 r -t—fi. ARMKEDwt-r-i 3j2gspo;s cola 1'1‘ t- 557-380-51-00 01/23/06 Before Abatement • •••••., • ... • • ••••• 557-380-51-00 01/23/06 After Abatement .411101111404**4447..i , Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 1/24/2006 Barber Agnes I Est Of 2240 El Prado Ave Lemon Grove, CA 91945 Parcel # 557 380 51 00 Location: Plaza Blvd National City Dear Barber Agnes I Est Of, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,690.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 380 51 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. A. per parcel Miscellaneous Fees A. special inspection fee B. abatement lien C. release of abatement lien D. public notary E. file duplication fee unscheduled labor G. unscheduled fees NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. , _, per parcel, sized 1 to 7,500 square feet $200.00 per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized 30,001 square feet to one acre $425.00 E. per square foot over one acre $ 0.015 Discing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $ 0.018 Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $ 0.08 $ 95.00 $ 95.00 Remediation (includes hauling, burning, and/or chipping) A. per cubic yard of material $28.00 X B. dump fees (reimbursement of cost) Excavator with Brush Cutting Machine A. per square foot of area abated ($250.00 minimum) $ 0.08 18.000 1440.00 Administrative Fee (forced abatement only) A. per parcel $250.00 1 250.00 Attorney Services (when required) Statutory (per man hour) $50.00 $40.00 $40.00 $10.00 $50.00 $50.00 (reimbursement of cost) FILE # 1456 APN # 557-380-51-00 TOTAL $ 1,690.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 Final Bill 2/22/2006 Barber Agnes I Est Of 2240 El Prado Ave Lemon Grove, CA 91945 Ref: Parcel # 557 380 51 00 COPY Dear Barber Agnes I Est Of, This is a reminder of the letter we sent you on 1/24/2006 and we have not received payment in the amount of $1,690.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 380 51 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 I1 DOG # 2006-0226123 111111111111111111111HII APR 03, 2006 10:53 AM OFFICIAL RECORDS `iAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 0.00 F.4G ES: 1 111IIiN111NIIINIII11111 11111111IIIII1111NIIINIIIII!DIIIIINIII 111NI NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 1/17/2006, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 1/17/2006, and WHEREAS the charge for such abatement amounted to $1,740.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Barber Agnes I Est Of at 2240 El Prado Ave, Lemon Grove, CA 91945 described as follows: APN # 557 380 51 00 -ADDRESS: Plaza Blvd National City ,EGAL DESCRIPTION: Rancho De La Nacion Morrill Map PorOf N H Of W H Of E H Of 80 Ac Lot 2 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $1,740.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: March 15, 2006 State of California County of San Diego BY: Ken Os orn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On March 15, 2006 before me, Penny Hedgecoth, a Notary Public for the State of California, personally appeared Ken Osborn, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he has executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ignature (Seal) PENNY HEDGECOTH Commission # 1532413 Notary Public - California San Diego County My Comm. Expires Dec 6, 2008 5 SUMMARY REPORT FOR APN 558-320-07-00 09/15/05 Initial inspection was made, property was found to be in violation. 09/17/05 Mailed 30 day courtesy notice to the owner. 10/17/05 Re -inspection was made, property was found to be in violation. 10/17/05 Posted property. 10/21/05 Mailed 10 day final notice to the owner, certified mail. 10/24/05 Courtesy notice returned "unable to forward". 10/24/05 Verified ownership information with County of San Diego. 10/27/05 Received signed certified return receipt. 11/02/05 Final inspection was made, property was found to be in violation. 11/03/05 Verified ownership information with County of San Diego. 01/04/06 Forwarded package to National City Fire. 01/17/06 Work order authorization signed by City Official. 01/23/06 F.P.S.I. crews abated the property. 01/24/06 The owner was mailed a bill at our contracted rates. 02/13/06 Bill returned "Return to Sender" wrote on with magic marker. 02/22/06 The owner was mailed a final bill. 02/24/06 Verified ownership with County of San Diego. 03/02/06 Final bill returned "Return to Sender" wrote on with pen. 03/15/06 A Notice of Abatement was filed on the property. SUMMARY REPORT FOR APN 558-320-07-00 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4.596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Mellor Alan Parcel Number: 558 320 07 00 Address: 303 H St #412 Date: 9/17/2005 Chula Vista, CA 91910 Location of Public Nuisance: 3040 E 20th St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 9/17/2005. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $200.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared --In General of,' ---following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials Alt weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement-- Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. iuld have any questions please feel free to contact me at your convenience. Sincerely yours in public safety, 1-866-779-3774 or http:/lireprevention.net Fire Prevention Services*** **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. CITY OF NATIONAL CITY 1. Tractor Mowing A. B. C. D. E. SCHEDULE OF FEES per parcel, sized 1 to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre 2. Discing A. B. C. D. E. per parcel, sized 1 to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre 3. Hand Labor A. per square foot of area abated 4. Dozer Operation A. hourly rate B. move -on fee 5. Debris Removal (includes hauling, burning, and/or chipping) A. per cubic yard of material B. dump fees $200.00 $275.00 $375.00 $425.00 $ 0.015 $250.00 $325.00 $400.00 $450.00 $ 0.018 $ 0.08 $ 95.00 $ 95.00 $ 28.00 (reimbursement of cost) 6. Excavator Brush Cutting Machine (where heavy brush makes it impractical to hand -cut) A. per square foot$250.00 minimum $ 0.08 7. Administrative Fee (forced abatement only) A. Per Parcel 8. Attorney Services (when required) A. per parcel $250.00 Statutory 9. Miscellaneous Fees A. special inspection fee (includes documentation & photos) $ 50.00 B. abatement lien $ 40.00 C. release of abatement lien $ 40.00 D. public notary $ 10.00 E. file duplication fee $ 50.00 F. unscheduled labor (per man hour) $ 50.00 G. Unscheduled fees and or material (reimbursement of cost) NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes CALL FIRE PREVENTION 1-866-779-3774 http:/fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http:/fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $250.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http:/fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http:/fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http:/fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St., : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner Mellor Alan Parcel Number: 558 320 07 00 Address: 303 H St #412 Date: 10/21/2005 Chula Vista, CA 91910 Location of Public Nuisance: 3040 E 20th St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 10/21/2005. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $250.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: 'When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement --Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions please feel free to contact me at your convenience. t. yours in public safety, notice. 1-866-779-3774 or http:/fireprevention.net Fire Prevention Services*** **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City of National City. SENDER: ,LETS THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Pri•11t your name and address on the reverse so that we can retum the card to you. IN Attach this card to theback of the mailpiece, or on the front if space permits. 1. Article Addressed to: 558 320 07 00 rvlellor Alan 301HSt#412 Chula Vista - CA ? Arlicl0411. r 7.(r+a si-Voki4.C4 o/abei),1., I11t1itr++�t1 1N,1r1�. ;�e :t•Q,dl111r.4!Prl�t :t13324 PS Form 3811, February 2004 Domestic Return Receipt NC 91910 COMPLETE THIS SECTION ON DELIVERY A SI. ature Cl Agent I B. Received b Addressee i t?Y (Printed Name) C; �!pa�te ofery Deyv D. Is delivery address dillent.from item 1? 0 yes If YES, enter delivery address below: 0 No 3: Service Type ❑ Certified Mall Registered ❑ Insured Mail Express Mail ❑ Return Receipt for Merchandise I ❑ C.O.D. to m m 1.11 rL —0 Certified Fee 0 0 Return Reoelpt Fee (Endorsement Required) iiestdcted Delivery Fee P'I (Endorsement Required) U.S. Postal Services, CERTIFIED MAILrr. RECEIPT (Domestic Mai) Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comx Postage Total Postage & Street Apt No.; or PO Box No. Clty, Mete, ZIP+4 4. Restricted Delivery? (Extra Fee) 558 320 07 00 Mellor Alan 303HSt#412 Chula Vista CA Postmark Here r�J NC 91910 0 Yes 102595-02-M-1540 NATIONAL CITY FIRE DEPT. 333 E. 16TH ST. NATIONAL CITY, CA 91950-4596 I IMPORTANT HAZARD ABATEMENT NOTICE L\ V T -X."/--- 1 V .111-.1,1° . 1 11 1 lJ L_ r: Mellor Alan Parcel Number: 558 320 07 00 ss: 303 H St #412 Date: 9/17/2005 NC. L tuF Chula Vista CA 91910 A5 t,r,0qES= ',..t• '.' U;rA..DIT TDF'lird.._ RETURN YU SENDER ilil!?fl itll..?i i!liT�fllii Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 L/Z.G/LA.1110 Mellor Alan 303 H 10 gigi 0+ -9-d022%2720 Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 Mellor Al 91910 3a0 07_00_ SAN DIEGO CA 921 77 FEB 2006 PM 1 T' NIX= 921 1 op 02/29/ 06 RETURN TO SENDER NOT MELIVERABLE :OS ADDRESSED UNAML.E TO FORWARD MC: 92022172020 *1SO4- 09223-22-33 11111:1:1:1111)1):1:1):)1»11)11:01:1,111):Ial1113):)1111 010111 -Q-11 2Eiri'YAR ((1 1I mullimahublijdukh.tHouLkAl. 558-320-07-00 10/17/05 Re -Inspection 558-320-07-00 10/17/05 Posting 558-320-07-00 10/17/05 Final Inspection 558-320-07-00 11/02/05 Final Inspection 558-320-07-00 11/02/05 Final Inspection 558-320-07-00 11/02/05 Final Inspection 558-320-07-00 11/02/05 Final Inspection 558-320-07-00 11/02/05 Final Inspection CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 1442 Owner: Mellor Alan Address: 303 H St #412 Chula Vista, CA 91910 Parcel #558 320 07 00 Job location:3040 E 20th St National City 91950 Authorized by: Signature: Date: _ f,.— ) WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break Removal: sq. ft. sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. „I LE Je w Z Z (1 7 o + ! • OI J • G+ ) .r► 100 J J .0_ •� it -7L,l /5/.69 ss 355 L9/( 40 356 /31.47 K.,3 350 351 2• is 357 291.65 291.64 N70 52'00"E 352 °- .. 353 C7 ) Tf.N (8 ) 358� 16 359 S0 a 0 l0 t0 387 386 r3, vck 383 D1v 384 ai TO • . ? " 9) 3S3 (22 ) 4 0 n LI. L9 .Zs, cn 3$2 ® /v.70‘3232k2g446 0 0 143.18 PAR 2 PM 6553 1 ra a.17 PM17821 163.67 PAR 2 45 163.68 379 0 0 108. So PM 6553 0 PAR I o toD.50 108 PAR 1 1osPM17821 (17 ) 378 30 S0 C1meenL AND sr 587 24 Work space for diagrams and amount of work done Hand Sq. Ft.: -7) 349 Tractor Sq. Ft.: Total Removal Cu. Yds.: IJo PO ivy Feg eisr.,=ic., k - 7 , 558-320-07-00 01/23/06 Before Abatement 558-320-07-00 01/23/06 Before Abatement 558-320-07-00 01/23/06 Before Abatement 558-320-07-00 01/23/06 After Abatement 558-320-07-00 01/23/06 After Abatement 558-320-07-00 01/23/06 After Abatement Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 1/24/2006 Mellor Alan 303 H St#412 Chula Vista, CA 91910 Parcel # 558 320 07 00 Location: 3040 E 20th St National City 91950 Dear Mellor Alan, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $837.52. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 558 320 07 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A per parcel, sized 1 to 7,500 square feet $200.00 per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized 30,001 square feet to one acre $425.00 E. per square foot over one acre $ 0.015 Discing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $ 0.018 Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee Remediation (includes hauling, burning, and/or chipping) per cubic yard of material $28.00 x B. dump fees (reimbursement of cost) $ 0.08 7,344 587.52 $ 95.00 $ 95.00 Excavator with Brush Cutting Machine A. per square foot of area abated ($250.00 minimum) Administrative Fee (forced abatement only) A. per parcel Attorney Services (when required) A. per parcel Miscellaneous Fees A. special inspection fee B. abatement lien C. release of abatement lien D. public notary E. file duplication fee unscheduled labor G. unscheduled fees (per man hour) $ 0.08 $250.00 1 250.00 Statutory $50.00 $40.00 $40.00 $10.00 $50.00 $50.00 (reimbursement of cost) FILE # 1442 APN # 558-320-07-00 TOTAL $ 837.52 Fire Prevention Services, Inc. P.O. Sox 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 Final Bill 2/22/2006 Mellor Alan 303 H St#412 Chula Vista, CA 91910 Ref: Parcel # 558 320 07 00 Dear Mellor Alan, COPY This is a reminder of the letter we sent you on 1/24/2006 and we have not received payment in the amount of $837.52 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 320 07 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 <619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC # 2006-0226122 u 1 1 11! it III 11 1 1 II III 1 1 1 APR 03, 2006 10:53 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREIGORYJ. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 1 1 1 1 111111111111111111111111 Hill 01111111111111111111111111 g1111111111111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 1/17/2006, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 1/23/2006, and WHEREAS the charge for such abatement amounted to $887.52; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Mellor Alan at 303 H St #412, Chula Vista, CA 91910 described as follows: APN # 558 320 07 00 DDRESS: 3040 E 20th St National City 91950 LEGAL DESCRIPTION: Lincoln Acres Annex # 2 E 1/4 Lots350 Thru 353 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $887.52 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be �aired or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: March 15, 2006 State of California County of San Diego BY: Ken Osborn, Fire Prevention ervrces, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On March 15, 2006 before me, Penny Hedgecoth, a Notary Public for the State of California, personally appeared Ken Osborn, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he has executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) Signature PENNY HEDGECOTH Commission # 1532413 "- .e w'� Notary Public -California al �2�1xr San Diego County My Comm. Expires Dec 6, 2008 II SUMMARY REPORT FOR APN 564-401-07-00 05/30/05 Courtesy notice issued and mailed by National City Code Enforcement. 06/23/05 Administrative citation issued by National City Code Enforcement . 08/01/05 Administrative citation issued by National City Code Enforcement . 09/06/05 Notice to abate issued by National City Code Enforcement . 10/17/05 Final inspection performed, property found to be in violation. 10/20/05 Verified ownership information with County of San Diego. 10/20/05 Work order authorization signed by City Official. 11/07/05 F.P.S.I. crews abated the property. 11/30/05 Received bill from EDCO for services. 12/08/05 The owner was mailed a bill. 12/29/05 The owner was mailed a final bill. 01/18/06 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "A"] and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY Code Conformance Program 1243 National City Blvd. National City, CA 91950-4397 Phone: (619) 336-4314 or (619) 336-4210 Fax: (619) 336-4217 Courtesy Notice May 30, 2005 Lawernce Weaver 3605 Cagle St. National City, CA 91950 Dear Mr. Weaver, It has been brought to our attention that there exist on your property a violation of the National City Municipal Code. The violation constitute public nuisance. The following violation was noted: weeds on you property at 3605 Cagle St. in National City, CA 91950. • ^orrect this situation no later than June 21, 2005, since it constitutes National City Municipal Codes: sections 9.12.020 — 2c �y the need cut & remove all the weeds, clean and maintain a 'lotions can result in administrative citations with a fine ranging y station to $500 for succeeding citations, plus a $50 re -inspection y ,perty is re -inspected and correction has not occurred. Other a'' ,') abatement action by the city, for which you will be charged the plus overhead and a lien placed on your property; 2) criminal $1000 fine and 6 months imprisonment for each violation or count; 3). notice of public nuisance against the property; and 4), other action Municipal and Civil Code that will correct the violations, the costs of charged back to you and the property. ,cote that these are continuing violations, and each day the situation continues ..utes a separate offense, with separate penalties. Please give this your immediate attention. You may contact me directly if you have any questions. Sincerely, SALVADOR GIL Code Conformance Officer (619)336-4317 CITY OF NATIONAL CITY Code Conformance 1243 National City Blvd. National City, CA 91950-4397 Phone: (619) 336-4210 Fax: (619) 336-4217 DECLARATION OF PUBLIC NUISANCE AND NOTICE TO ABATE PUBLIC NUISANCE September 6, 2005 To: Lawemce A. Weaver and all MORTGAGEES Re: 3605 Cagle St. National City CA 91950 Assessor Parcel Number (APN): 564 401 07 00 Dear Mr. Weaver and [mortgagee]: The property located at 3605 Cagle St., National City; CA 91950 (Assessor's Parcel# 564 401 07 00) is in violation of law and is declared a Public Nuisance. According to our records, you are the owner (and Mortgagee) of that property. The property was inspected on 8/16/05, and the following [attached] violations of State and Municipal codes were observed.. 9.12.020 (a)(b)(e) -- Public nuisance declared --Weeds and other flammable materials. 7.12.020 Accumulation deemed public nuisance. 7.12.030 Accumulation of junk prohibited. • • This property is also in violation of 1.36.010 (F) of the National City Municipal Code (NCMC), maintaining a public nuisance. If you elect to clean up the property, you must immediately contact the undersigned and, within those thirty (14) days, "a reasonable and feasible schedule for expeditious clean up"will be established for correction of the violations and avoidance of further action. NOTE: PROCEDINGS INITIATED BY THE CITY MAY INCLUDE CRIMINAL, CIVIL OR ADMINISTRATIVE ACTIONS, OR ANY COMBINATION. ATTACHED IS A LIST OF THE VARIOUS ACTIONS AND COSTS THAT WILL BE CHARGED. Please be advised that any person having any record title or legal interest in the building may appeal this Notice to Abate Public Nuisance or any action of the building official to the Advisory and Appeals Board, provided the appeal is made in writing within ten (10) days of the date of this Notice to Abate Public Nuisance and is accompanied by the $1721 appeal filing fee. The appeal must contain the name, address, and telephone number of the appellant and a statement of the act, decision, or interpretation being appealed. The City is desirous of achieving voluntary compliance and trusts that this Notice to Abate Public Nuisance will be sufficient to cause corrective action on your part thereby avoiding legal action. Should you have any questions or require additional assistance or clarification, please do not hesitate to contact the undersigned at the Building and Safety Department. If, however, you fail to comply with this notice, the public nuisance will be abated and you will be subject to criminal and civil action initiated by the City Attorney, and you will be charged for all costs of abatement. Sincerely, Salvador Gil Code Enforcement Officer (619) 336-4317 CC: City Attorney -01.10 'COSV . xoq sl%.5 ut. vrart vas 'ssoippe `attrau VAid as13‘ci -pus. D.° AV\ !E. THIS SECTION arnprete kerns 1, 2, and 3. Also complete item 4 It Restricted Dernrery Is desired. Print your name and address on the reverse so that e can return the card to you. I Attach is card to the back of the mairpieca, or on e front if space permite. Addressed to: CALLitufWe..E c•itc--A-r.--- (71 ktqlotu (Cry t TOSE) vOss sOo oas3.140 COMPLETE THIS SECTION OM DELIVERY D. Is delivery address afferent from If Y133, eriter derrvery address below: 3. Service Type *Certified Mail 0 Express tii 0 [IN:armed 0 Return Receipt for Merchandise C.O.D. Resktcted Delivery? (Extra Fes] OJjEInJ0,13fig 7199 Form 881i, February 2004 Daraesdic Return Fiscifrit 102585-0244.1540 co ts3 Ain 1VNOLLVN 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection CITY OF NA'IONAL CITY FIRE DEPARTMENT 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Owner: Weaver Lawrence A Address: 3605 Cagle St National City, CA 91950 Parcel #564 401 07 00 Authorized by: Signature: G Date: /d • Do- as! WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Authorization # 1455 Job location:3605 Cagle St National City 91950 S•C-71 METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: 80�- cu. yds. Tractor Mowing: sq. ft. Discing: V sq. ft. Crew Type: ittivi VJt r I ► N Type: fiem al Type: Type: CREW INFORMATION Date II(3jc5 Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. MAP 4805 - SWEETWATE Work space for diagrams and amount of work done band Sq Pt Z75 Tractor Sq, Ft.: Total Removal Cu, Yds.: 00 h (Dn Z5 s 1 V 2_ 110'got] 0ri-5 564-401-07-00 11/07/05 Before Abatement 564-401-07-00 11/07/05 Before Abatement 564-401-07-00 11/07/05 Before Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 After Abatement 564-401-07-00 11/07/05 After Abatement 564-401-07-00 11/07/05 After Abatement 564-401-07-00 11/07/05 After Abatement 564-401-07-00 11/07/05 After Abatement Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 12/8/2005 Weaver Lawrence A 3605 Cagle St National City, CA 91950 Parcel # 564 401 07 00 Location: 3605 Cagle St National City 91950 Dear Weaver Lawrence A, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $2,957.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 564 401 07 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. NATIONAL CITY SCHEDULE OF FEES Tractor Mowing f $200.00 per parcel, sized 1 to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized 30,001 square feet to one acre $425.00 E. per square foot over one acre $ 0.015 Discing $250.00 A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $ 0.018 quantity sub total Hand Labor A. per square foot of area abated $ 0.08 275 22.00 Dozer Operation A. hourly rate B. move -on fee $ 95.00 $ 95.00 ,bris Remediation (includes hauling, burning, and/or chipping) $28 00 x 80 2,240.00 per cubic yard of material B. dump fees (reimbursement of cost) 445.00 445.00 Excavator with Brush Cutting Machine A. per square foot of area abated $ 0.08 ($250.00 minimum) Administrative Fee (forced abatement only) 250.00 A. per parcel $250.00 1 Attorney Services (when required) A. per parcel Miscellaneous Fees A. special inspection fee. B. abatement lien C. release of abatement lien D. public notary file duplication fee unscheduled labor G. unscheduled fees (per man hour) Statutory $50.00 $40.00 $40.00 $10.00 $50.00 $50.00 (reimbursement of cost) FILE # 1455 APN # 564-401-07-00 TOTAL $ 2.957.00 e Prevention Services, Inc. P.C. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 Final Bill 12/29/2005 Weaver Lawrence A 3605 Cagle St National City, CA 91950 Ref: Parcel # 564 401 07 00 Dear Weaver Lawrence A, This is a reminder of the letter we sent you on 12/8/2005 and we have not received payment in the amount of $2,957:00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include fling an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 564 401 07 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. f'.1 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DCC # 2006-0089548 l'Itll l l lull IIIII [ll►l illil kill► illil lllli lilll lull hill kill it FEB 07, 2006 10:21 AM DPEIO,AL RECORDS SA.N DIEGO COUNTY RECORDER'S OFFICE GREGOR`t' J. WITH, COUNTY RECORDER FEES iron PAGES; 1 11I1111111111111$1I1i1 hill IIIII II11I IIIII IIIII IIIII 111 IIIII IIIII IIII N NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORDDANPROPE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 10/21/2005, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 11/7/2005, and WHEREAS the charge for such abatement amounted to $3,007.00; regardless of owner until paid. The THEREFORE be it known that an abatement obligation exists on the property g current owner of the property is Weaver Lawrence A at 3605 CagleSt, National City, CA 91950 described as follows: APN # 564 401 07 00 ADDRESS: 3605 Cagle St National City 91950 LEGAL DESCRIPTION: Sweetwater Heights Lot 106 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may required or determined be sold to satisfy that obligation. The amount of such claim the filing of shall be for collection. Should such as interest and ctions i�ser ost �which may hereafter become due. This filing does not preclude to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: January 18, 2006 BY: —�— Ken Osborn, Fire Prevenon_Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement State of California ) County of San Diego Penny Hed e coth, a Notary Public for the State of California, personally appeared Ken Osborn, personally Janally 18 n to be (or ro, __.�� me that he has executed the same in his authorized capacity, and that by his signature on personally known to me (or proved to to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the thein instrument and acknowledged t the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ' WITNESS my hand and official seal. Signature (Seal) PENNY HEDGECOTH Commission # 1532413 Notary Public - California San Diego County My Comm. Expires Dec 6, 2008 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 28 ITEM TITLE Public Hearing — Tentative Subdivision Map for a mixed -use project "Centro/Revolution 2 Condominiums" Location: 41 East 12th Street APN: 556-554-16 and -17 Applicant: Constellation Property Group LP Case File No.: S-2006-5 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The proposed project consists of a four-story condominium building, `Centro,' with 61 residential units and a 22-story condominium building, `Revolution 2,' with 247 residential units and three commercial units. On October 18, 2005, the Community Development Commission Board approved Downtown Specific Plan Consistency Reviews (DSP-2005-1) for the `Revolution 2' project and (DSP-2005-5) for the `Centro' project, subject to conditions of approval and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-5) would implement the approved projects by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-5) is consistent with the Downtown Specific Plan and adequately addressed in the program EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission BOARD / COMMISSION RECOMMENDATION On June 5, 2006, the Planning Commission voted to recommend approval of Tentative Subdivision Map (S-2006-5). Ayes: Alvarado, Baca, Carrillo, De La Paz, Flores, Pruitt, Reynolds Nays: None Absent: None ATTACHMENTS 1. Tentative Subdivision Map Resolution No. A-200 (9/80) Mm«l Ola0MN., Ran oc T MOAN °i°°< ro.aOMttmw _______t_, iSr�f_COI�IOSIOSIpIO aoevNx J Nae„Jl J TYPICAL SECTION - 1PN STREET MO SCALE oast Cala aMFa ear. ow pM/ ro• C- aYaa MAW Mut TO MOAN W WV.. 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LA J4, CAIIMN9f91911$ 697.9934, E1X PIM 46941033 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 29 ITEM TITLE An Ordinance of the City Council of the City of National City amending sections 15.16.010, 15.16.015, 15.16.035, 15.16.040, 15.16.045, 7.24.020, 15.08.025, 15.10.010, 15.14.010, 15.20.010 and 15.24.025 of the National City Municipal Code pertaining to housing inspections and permits. PREPARED BY Kathleen Trees DEPARTMENT Building and Safety 4213 EXPLANATION See attached staff report Environmental Review X N/A Financial Statement Finance Director Potential for additional funds through the collection of fees for Housing Occupancy Permits Account No. Approved By: STAFF RECOMMENDATION , e��/{ /\�'��/ I Introduce the Ordinance '� �- BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Staff report Ordinance Resolution No. A-200 (9/99) STAFF REPORT This ordinance will remove the references to the County Health Department as the entity having jurisdiction over apartments, hotels and lodging houses. In addition, it will give the City the authority to charge rental property owners of 1, 2, 3 and 4 units for housing inspection services. Background In 1996 the City of National City at the request of the City Council started a housing inspection program with CDBG funding. The program consisted of 1 housing inspector providing pro- active housing inspections in a target area. In 2001, the department received a State grant for $300,000 to hire a 2" inspector and to set up a pilot program that consisted of community involvement and pro -active housing inspections and attempted to change the image of the housing inspector into someone who is there to help residents and property owners determine housing deficiencies. In 2003, the City received a State grant for housing code enforcement capital costs for $300,000. Money was used to enhance the program by purchasing a vehicle, and XRF machine, street lights and tools. Also in 2003 the City was awarded a federal grant from HUD for approximately $3,000,000 for lead hazard control. Through this grant the City was able to add another housing inspector and the 4th inspector was added after the City received another federal grant from HUD in 2005 for approximately $1,000,000 for a Healthy Homes program. This grant also enabled the department to contract with the Paradise Valley Hospital to provide environmental health inspections for mold and mildew. When the housing inspection program was started in 1996 it covered only single family, duplex, triplex and four-plex units. At this time the City had a contract with the County of San Diego for the inspection of the larger apartment units. The County inspections were done on a complaint basis only. In 2004, the City met with the County and determined that it was feasible for the City to inspect the apartments and motels in the City thus giving the City the authority to require apartment owners maintain their properties. The City Fire Department has also historically conducted annual inspections for the large apartments and motels. Recently, however, due to staffing issues the Building and Safety Department has taken over this responsibility. These inspections consist of inspection of the common areas and fire extinguishers. Legislation Section 17920(e) of the State Housing Law gives the City the jurisdiction to perform housing inspections on rental units. In addition, Government Code Section 54988(a)(E) & (G) gives the City the authority to charge fees for the inspections. The fees must not exceed the actual costs incurred and can only apply to rental units. In addition, the City Municipal Code section 15.16.035 requires annual housing permits for apartments and motels. Municipal Code section 15.16.040 sets the fees for the service by referring to the adopted fee schedule. Housing Inspection Goals The main goal of the housing inspection program is the preservation of affordable housing. In addition, the program strives to assure that the residents have a safe and healthy home in which 1 to live. A secondary goal is to enhance the neighborhood by removing blight caused by improperly maintained properties. Characteristics of the Housing Stock Housing units in the focus area west of I805 are among the oldest in the city with the greatest number of hazards. According to Census 2000, Summary File 3 Data, 86% (8,872) of the housing units in the area were built prior to 1980 making them likely to need maintenance. More than half of the homes in the area are 36 years old or older. 7,572 (75.8%) of the 9,995 occupied housing units in the area are rentals. Many of these rentals have absentee landlords. Experience has shown that some landlords do not visit their properties on a regular basis. The Building and Safety Department studied 500 housing inspections over the past few years and found that multiple health & safety code violations exist among housing units in the city, especially rentals. Housing inspections conducted in the NCHHP target area have identified 23 of the most common code violations found in the past five years. The top 5 violations include: miscellaneous electrical violations, missing smoke detectors, miscellaneous plumbing violations, broken doors and windows, and inoperative stove hoods. The number one violation, miscellaneous electrical, was identified in 391 of the 500 units inspected. The need to correct existing health & housing violations is essential for the prevention of electrical shock, burn injuries, exposure to respiratory irritants (like mold, mildew, and cockroaches), lead poisoning, carbon monoxide poisoning, falls, other injuries and death. A list of all 23 common violations & their links to health & safety issues is attached. Future Plans Grants are currently sustaining the housing inspection program, and the City is proposing to renew the lead grant in 2007 to extend through 2010. After the grants are completed the City will need an alternative funding source to continue meeting its goals. Costs The County of San Diego had been charging for the housing inspections for years and the money has now reverted back to the City and averages approximately $40,000 per year. There is a disparity now, however, since the larger units must pay for the housing inspection service and the smaller rental units are getting the service free. The current fee for housing inspections was established by MAXIMUS and was adopted in the 2005 Fee Schedule. The fee for the small rental units is $68.00 per unit per year. If the landlord were to pass this fee on in rent it would cost the tenant less than $6.00 per month. For this fee the landlord will receive an annual inspection that would alert him to code violations present in the unit that could potentially start a fire, cause an injury or cause a health problem creating a liability for him/her. The tenant would be receiving a home that is safe and healthy. Advantages of Annual Housing Inspections The advantages of annual housing inspections include: 2 • Properly maintained housing units • All rental units are treated the same • Eliminates the complaint system that often results in tenant eviction • Higher quality of life for some tenants • Elimination of blighted properties in neighborhoods • Indirectly reduces crime COMMON CODE VIOLATIONS RANK HAZARD NUMBER % ASSOCIATED HEALTH AND SAFETY EFFECT 1 Miscellaneous electrical 391 78.2% Electrical shock, fire 2 Missing smoke detectors 153 30.6% Fire prevention 3 Miscellaneous plumbing 147 29.4% Mold, mildew, unsanitary 4 Broken doors and windows 131 26.2% Mold, mildew, pests, cockroaches 5 Stove hood inoperative 113 22.6% Carbon monoxide 6 Unsanitary conditions 94 18.8% Variety of health issues 7 Unprotected exterior walls 90 18.0% Mold, mildew from water intrusion 8 Miscellaneous fire hazards 85 17.0% Fire 9 Abandoned vehicles 84 16.8% Rodents 10 Holes in walls, floors, ceilings 83 16.6% Mold, mildew, water intrusion 11 No GFCI 68 13.6% Electrical shock, fire 12 Lead Paint 63 12.6% Elevated blood levels 13 Deteriorated roofing 62 12.4% Mold, mildew from water intrusion 14 No heat 61 12.2% 15 Accumulation of junk 50 10.0% Rodents 16 Cockroach infestation 43 8.6% Asthma trigger 17 Deteriorated floors 42 8.4% Injury from structural collapse 18 Windows inoperable 41 8.2% Mold, mildew from lack of ventilation 19 Non -operational toilet 38 7.6% Variety of illness from lack of sanitation 20 Improper deadbolt 23 4.6% Unable to escape in a fire 21 Water heater malfunction 15 3.0% Fire 22 No ventilation 13 2.6% Mold, mildew 23 Gas leaks 7 1.4% Carbon monoxide 4 ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 7.24, 15.08, 15.10, 15.14, 15.16, 15.20, AND 15.24 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO HOUSING INSPECTIONS AND PERMITS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 7.24 of the National City Municipal Code is amended by amending Section 7.24.020 to read as follows: 7.24.020 Apartment house management required. A. The owner of each multiple -family dwelling complex of four or more dwelling units on any site shall provide a resident or nonresident manager who can be contacted by residents or by public agencies on any matter relating to questions of lawful compliance with this title or related building, zoning, health, housing, fire prevention or penal laws. Such managers shall have the responsibility of an authority for arranging for an achieving compliance therewith. B. The owner of each multiple -family dwelling complex of nine or more dwelling units on any site shall provide a resident manager. Such owners shall also file with the National City Department of Building and Safety, an address and telephone number of a responsible person having authority to act, pursuant to subsection A, in the absence of the resident manager. The Director of Building and Safety shall distribute this information to the police and fire department. C. Resident owners may be managers. D. The homeowners' association of all residential condominium projects shall designate a person or persons through whom public agencies may communicate regarding the matters described in this section. E. Failure to comply with any part of this section is a violation. Section 2. That Chapter 15.08 of the National City Municipal Code is amended by amending Sections 15.08.025 to read as follows: 15.08.025 Section 104.2.3 `Right of entry" — Amended. Section 104.2.3 of the California Building Code is amended to read: 104.2.3 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 2006 Ordinance 1 Housing Inspections and Permits Section 3. That Chapter 15.10 of the National City Municipal Code is amended by amending Sections 15.10.010 to read as follows: 15.10.010 Section 201.3 "Right of entry" — Amended. Section 201.3 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 201.3 Right of Entry. When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. Section 4. That Chapter 15.14 of the National City Municipal Code is amended by amending Sections 15.14.010 to read as follows: 15.14.010 Section 108.3 "Right of entry" — Amended. Section 108.3 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 108.3 Right of Entry. When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. Section 5. That Chapter 15.16 of the National City Municipal Code is amended by amending Sections 15.16.010, 15.16.015, 15.16.035 and 15.16.045 to read as follows: 15.16.010 Section 201.1 amended — Authority. Section 201.1 of the Uniform Housing Code is amended to read: 201.1 Authority. The Director of Building and Safety is hereby authorized and directed to enforce all of the provisions of this code and State Housing Law as contained in Part 1.5 of Division 13 of the California Health and Safety Code. 15.16.015 Section 201.2 amended — Right of entry. Section 201.2 of the Uniform Housing Code is amended to read: 201.2 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation 2006 Ordinance 2 Housing Inspections and Permits which make such building or premises unsafe, dangerous or hazardous, the Building Official and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.16.035 Section 304 added — Annual housing permit. Section 304 of the Uniform Housing Code is amended to read: 304 Annual Housing Permit. (a) It shall be unlawful for any person, firm, partnership, or corporation to own or operate an apartment house, hotel, or lodging house as defined in Chapter 4 of this code or any single family, duplex, triplex or four-plex rental unit without first obtaining an Annual Housing Permit therefor. (b) The Annual Housing Permit required by this section shall be prorated on a quarterly basis and shall expire by limitation on the last day of the quarter one year later in which it was issued. The Annual Housing Permit shall not be transferable from one establishment to another; however, the permittee for an Annual Housing Permit may be changed without charge upon notification to the City of National City Building and Safety Department. 15.16.040 Section 305 added — Fee schedule. Section 305 of the Uniform Housing Code is amended to read: 305. Fee Schedule. All fees for housing permits and housing permit inspections shall be as set forth in a fee schedule as adopted from time to time by resolution of the City Council. 15.16.045 Section 306 added — Permit suspension or revocation. Section 306 is added to the Uniform Housing Code to read: 306. Permit Suspension or Revocation. Whenever it is found that any rental unit is not being conducted in conformity with the provisions of this code, the Annual Housing Permit to operate same shall be subject to suspension or revocationby the City of National City. Section 6. That Chapter 15.20 of the National City Municipal Code is amended by amending Section 15.20.010 to read as follows: 15.20.010 Section 102.2.2 "Right of entry" - Amended. Section 102.2.3 of the California Plumbing Code is amended to read: 102.2.3 Right of Entry. When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 2006 Ordinance Housing Inspections and Permits 15.24.025 Section 80.13(7) — Amended. Section 80.13(7) of the California Electrical Code 2002 Edition, is amended to read: (7) When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. PASSED and ADOPTED this day of 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2006 Ordinance 4 Housing Inspections and Permits AEETING DATE June 20, 2006 City of National City, California COUNCIL AGENDA STATEMENT 30 AGENDA ITEM NO. ITEM TITLE INTRODUCING AN ORDINANCE WHICH AMENDS CHAPTER 18.108 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 18.108.230 WHICH WOULD ALLOW THE TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION. (Applicant: City initiated. Case File No. A-2006-2). PREPARED BYClaudia G. Silva (x 4222 EXPLANATION oger Post (x 4316) DEPARTMENT City Attorney EXT. Planning Department Please see attached memorandum. i ( Environmental Review N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION 1. Introduce Amendment to Title 18 (Zoning) of the Municipal Code based on the attached finding; or 2. Recommend specific modification to the Amendment, based on findings to be determined by the City Council; or 3. Recommend denial of the Amendment, based on findings to be determined by the City Council. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION At its regular meeting on May 1, 2006, the Planning Commission recommended adoption of the ordinance ATTACHMENTS ( Listed Below ) 1. Amendment to Title 18 (Zoning) of the Municipal Code 2. Recommended Finding for Approval Resolution No. 3. Notice of Exemption 4. Public Hearing Notice (published in newspaper only, not mailed) A-200 (Rev. 7/03) CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4220 Fax: (619) 336-4327 E-mail: attorneyAci.national-citv.ca.us TO: Mayor and City Council DATE: May 25, 2006 FROM: Senior Assistant City Attorney SUBJECT: An Ordinance Amending Chapter 18.108 of the National City Municipal Code by Amending Section 18.108.230 Pertaining to Affirmative Termination by Amortization of Nonconforming Uses BACKGROUND On April 4, 2006, the City Council directed staff to proceed with an amortization ordinance based on the discussion contained in the attached Report (Attachment A). On May 1, 2006, an amortization ordinance was brought before the Planning Commission for their consideration. After public testimony and discussion, the Planning Commission recommended approval of the ordinance. We now have before you an ordinance for your review and consideration. DISCUSSION Generally, the City of National City can adopt an ordinance that restricts and terminates nonconforming uses. A nonconforming use is one that was an allowed use until it became prohibited by the adoption of a new zoning restriction, but has continued as a use after the adoption of the new zoning restriction. Such situations arise most frequently when a zoning ordinance is adopted which restricts or prohibits a commercial or manufacturing use in certain areas where such uses were pennitted prior to the adoption of the ordinance. The Code currently allows nonconforming uses and provides for the termination of nonconforming uses when the use discontinues, expands, changes, or violates provisions of the chapter.' There is not a current codified method for the City of National City to affirmatively terminate a nonconforming use. Thus, as long as the nonconforming use abides by the Code, it can continue indefinitely. Please see Attachment A for a complete discussion of the current Code provisions related to nonconforming uses. Ordinance: Amortization of Nonconforming Uses May 25, 2006 Page 2 TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION Amortization is an available method of terminating nonconforming uses. Termination of a nonconforming use through amortization allows the nonconforming use to continue for a period of time, after which the use is terminated without compensation. Amortization does not result in taking private property. At the Planning Commission meeting on May 22, 2006, some members of the public raised concerns that this ordinance amounted to the exercise of eminent domain. This ordinance does not amount to eminent domain. The property can still be put to allowable uses, and the government is not "taking" any property through this ordinance. Zoning regulations may provide for the termination of a nonconforming use after a reasonable period of time passes which is commensurate with the investment made. Determining what is a reasonable time requires weighing the public gain from the removal of the use against the private loss caused by the removal of the use. Some of the relevant factors to consider may include the nature of the nonconforming use, the character of the structure, the length of time the use has existed, adaptability of the land and improvements to a currently permitted use, the total cost of the land and improvements, the location, the cost of moving, the length of time the user had notice of the nonconformity, the compatibility with the surrounding land uses, the percentage of total business involved concerned, the time periods, salvage, depreciation for income tax purposes and other purposes, and the advantage, if any, which accrues to those nonconforming uses due to the prohibition of new uses becoming established in the same area. While amortization is available, it is not without limitation. As described above, various factors are considered before a specific use is terminated within a specified period of time. Moreover, the proposed amortization ordinance will not automatically eliminate all nonconforming uses. Generally, a nonconforming user will be provided an opportunity to be heard regarding the length of time to be applied to the use before it terminates. Depending on the various factors present and whether the structure itself is nonconforming, amortization periods can range from 1 year to over 20 years. DESCRIPTION OF AMENDMENT TO TITLE 18 (ZONING) OF MUNICIPAL CODE - PROPOSED AMORTIZATION ORDINANCE The proposed amortization ordinance will provide a method of generally terminating nonconforming uses (Attachment B). This ordinance would apply to the whole city and will be part of the Nonconforming Uses chapter of the Code. It would provide the ability to terminate all types of nonconforming uses. The ability to amortize a specific type of use would arise when a re -zone of an area occurs, thereby creating the nonconforming use. It would be possible, to concurrently re- zone an area and make a determination of a reasonable amortization period as to certain nonconforming uses. As provided for in the ordinance, any such determination would Ordinance: Amortization of Nonconforming Uses May 25, 2006 Page 3 consider various factors, and provide the nonconforming user(s) an opportunity to be heard as to the reasonableness of the amortization period. The minimum amortization period could be as minimal as one year for those instances in which the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially used or recovered through a use currently permitted. For example, if a certain type of use becomes nonconforming but it is easily relocated without any significant loss of investment, then it could be a situation that could allow for the minimal amortization period. The City of National City has previously amortized one nonconforming business (cigarette store) over a three-year period. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially used or recovered through a use currently permitted, then a longer reasonable time for the nonconforming use to terminate could be recommended. The following factors would be considered in deciding what length of time constitutes a reasonable amortization period: 1) total cost of land and improvements; 2) length of time the use has existed; 3) adaptability of the land and improvements to a currently permitted use; 4) cost of moving and reestablishing the use elsewhere; 5) whether the use is significantly nonconforming; 6) compatibility with existing land use patterns in the neighborhood; 7) possible threat to health, safety, and welfare; and 8) any other relevant factors. An ordinance similar to what is proposed has withstood legal challenge.2 While the ordinance and discussion refers to nonconforming uses, it should be noted that this includes both uses and structures that are nonconforming. For example, if an area was rezoned to single family residential and there were existing uses and structures which were not single family residential, then those uses and structures would then be nonconforming. If the City Council chose, they could request that the Planning Commission make a recommendation regarding termination of certain classes of nonconforming uses and/or structures. Based on the factors contained in the proposed ordinance, the Planning Commission would then make a recommendation. It would be possible for a type of use to have a shorter amortization period than the structure in which the use is sited. The proposed ordinance provides the City broad authority to terminate nonconforming uses and/or structures, and also protects the due process rights of those potentially affected. ROGER G. POST CLAUDIA G. SILVA Planning Director Senior Assistant City Attorney 2 While the proposed ordinance addresses uses on a case -by -case basis, some public entities use a standard type of depreciation schedule for structures. For example, some ordinances amortize buildings according to a schedule from the Uniform Building Code, which would allow a building to remain a certain number of years based on the type of building, from date of construction. Those cities that provide a schedule also contain a provision for the owner to request an extension of the amortization period. City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Elser, Ill . City Attorney (619) 336-4220 Fax: (619) 338-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: April 4, 2006 FROM: Senior Assistant City Attorney VIA: City Attorney SUBJECT: Ordinances Regulating and Terminating Nonconforming Uses BACKGROUND The City Council has asked this Office to return with a report on a possible ordinance that would terminate nonconforming uses. This direction was given to us with the backdrop of the Westside Specific Plan currently underway. This area is characterized by residential and industrial uses operating side -by -side. With this in mind, we discuss possible options for your review and direction. Staff now seeks your direction based on the discussion below. DISCUSSION Generally, the City Of National City can adopt an ordinance that restricts and terminates nonconforming uses. A nonconforming use is one that became a prohibited use by the adoption of a new zoning restriction, but which was lawful prior to the effective date of the zoning restriction, and has since continued. Such situations arise most frequently when a zoning ordinance is adopted which restricts or prohibits a commercial or manufacturing use in certain areas where such uses were permitted prior to the adoption of the ordinance. A. The Current Code Provisions Allow for Nonconforming Uses Currently, the City Of National City Municipal Code addresses nonconforming uses in Chapter 18.108. Generally, the Code allows the continuation of a lawful nonconforming use as long as the use is maintained arid occupied. When a use becomes nonconforming, the planning director issues a certificate of nonconforming use. A nonconforming use cannot be enlarged, extended, reconstructed or structurally altered, except under certain enumerated instances. For example, ordinary structural alterations or replacements of walls, fixtures or plumbing, that do not exceed twice the building's assessed value, are allowed. In addition, structures partially destroyed by fire, explosion or natural disaster can be rebuilt and resume the nonconforming use. ® Recycled Paper fitivchme + A Ordinances/Nonconforming Uses April 4, 2006 Page 2 of 4 B. Termination of Nonconforming Uses While nonconforming uses can generally continue as long as they do not change or expand, there are certain instances in which a nonconforming use may be terminated, Specifically, a violation of the provisions contained in the "nonconforming use" chapter results in an immediate termination of the use. Also, discontinuance of the nonconforming use for a specified period of time terminates the right to that nonconforming use. Such terminations are subject to the +batement process contained in Chapter 18.108. Lastly, should a nonconforming use become a nuisance, hence an unlawful use, it is subject to the abatement process provided for nuisances contained in Chapter 1.36 of the Code. While the Code addresses the termination of nonconforming uses, such termination is limited to those situations that arise from a violation of the code, discontinuance of the use, or determination of a nuisance. C. Termination of Nonconforming Uses Through Amortization While nonconforming uses can be terminated upon the occurrence of a code violation, discontinuance, or nuisance, there is not a current method of affirmatively terminating nonconforming uses. Thus, if the nonconforming use complies with the Code and does not become a nuisance, it can continue indefinitely. There are methods, however, of terminating nonconforming uses that do not fit within the current parameters. Amortization is an available method of terminating nonconforming uses. Termination of a nonconforming use through amortization allows the nonconforming use to continue for a period of time, after which the use is terminated without compensation. Zoning regulations may provide for the termination of a nonconforming use after a reasonable period of time passes which is commensurate with the investment made. Determining what is a reasonable time requires weighing the public gain from the removal of the use against the private loss caused by the removal of the use. Some of the relevant factors to consider may include the nature of the nonconforming use, the character of the structure, the length of time the use has existed, adaptability of the land and improvements to a currently permitted use, the total cost of the land and improvements, the location, the cost of moving, the length of time the user had notice of the nonconformity, the compatibility with the surrounding land uses, the percentage of total business involved concerned, the time periods, salvage, depreciation for income tax purposes and other purposes, and the advantage, if any, which accrues to those nonconforming uses due to the prohibition of new uses becoming established in the same area. The courts have sanctioned the amortization of nonconforming uses. The courts have recognized for over 50 years the "growing tendency to guard against the indefinite continuance of nonconforming uses by providing for their liquidation within a prescribed period." The City of Los Angeles v. Gage, 127 Cal. App. 2d 442 (1954), citing to County of San Diego v. McClurken, 37 Cal. 2d 683, 686. Accordingly, amortization is a recognized viable method for terminating nonconforming uses. 4_ itachmenf Ordinances/Nonconforming Uses April 4, 2006 Page 3 of 4 While amortization is available, it is not without limitation. As described above, various factors are considered before a specific use is terminated within a specified period of time. Moreover, the creation of an amortization ordinance will not automatically eliminate all nonconforming uses. Generally, a nonconforming user is provided an opportunity to be heard regarding the length of time to be applied to the use before it terminates. Each case must be determined on its own facts. National Advertising Company v. County of Monterey, 1 Cal. 3d 875, 879 (1970). Depending on the various factors present and whether the structure itself is nonconforming, amortization periods can range from 1 year to over 20 years. D. Proposed Amortization Ordinance The City Of National City could enact an amortization ordinance to provide a method of generally terminating nonconforming uses. This ordinance could be applicable to the whole city or be limited to geographic areas. The ordinance could be written so that it is part of the Nonconforming Uses chapter of the Code, and would provide the ability to terminate all types of nonconforming uses. The ability to amortize a specific type of use could arise when a re -zone of an area occurs, thereby creating the nonconforming use. Concurrently with the re -zone adoption, a determination of a reasonable amortization period could be made as to that type of use. Any such determination would need to consider various factors, like those described below, and provide the nonconforming user(s) an opportunity to be heard as to the reasonableness of the amortization period. The minimum amortization period could be as minimal as one year for those instances in which the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially used or recovered through a use currently permitted. For example, if a certain type of use becomes nonconforming but it is easily relocated without any significant loss of investment, then it could be a situation that could allow for the minimal amortization period. The City Of National City has previously amortized one nonconforming business over a three-year period. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially used or recovered through a use currently permitted, then a longer reasonable time for the nonconforming use to terminate could be recommended. The following factors could be considered in making a determination of the length of time which constitutes a reasonable amortization period: 1) total cost of land and improvements; 2) length of time the use has existed; 3) adaptability of the land and improvements to a currently permitted use; 4) cost of moving and reestablishing the use elsewhere; 5) whether the use is significantly nonconforming; compatibility with existing land use patterns in the neighborhood; 6) possible threat to heal, safety, and welfare; and 7) any other relevant factors. An ordinance similar to what is described herein has withstood legal challenge. - Maehmerif,T Ordinances/Nonconforming Uses April 4, 2006 Page 4 of 4 RECOMMENDATION If the City Council wishes to proceed with an amortization ordinance based on the discussion above, the Council can direct staff to begin the process for amendment of� e Mun Code. C TU •" `rsfl. CGS/cgs Senior AssCity Attorney �hnf ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 18.108 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 18.108.230 PERTAINING TO AFFIRMATIVE TERMINATION BY AMORTIZATION OF NONCONFORMING USES BE IT ORDAINED by the City Council of the City of National City that Chapter 18.108, Section 18.108.230 of the National City Municipal Code is hereby amended to read as follows: 18.108.230 Affirmative Termination by Amortization. The City Council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after 10 days written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a minimum of one year after the date of the Order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the Planning Commission shall consider: (i) The total cost of land and improvements; (ii) The length of time the use has existed; (iii) Adaptability of the land and improvements to a currently permitted use; (iv) The cost of moving and reestablishing the use elsewhere; (v) Whether the use is significantly nonconforming; (vi) Compatibility with the existing land use patterns and densities of the surrounding neighborhood; (vii) The possible threat to public health, safety or welfare; and (viii) Any other relevant factors. The term "nonconforming use" when used in this section shall include nonconforming uses, nonconforming structures and nonconforming lots, consistent with the intent of this title. Failure to comply with the City Council's Order to terminate a nonconforming use shall constitute a violation of this Chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code. PASSED and ADOPTED this day of 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalia, City Clerk George H. Eiser, HI, City Attorney RECOMMENDED FINDING FOR APPROVAL That the proposed amendment is in the public interest and is consistent with General Plan policies, as the General Plan calls for review of National City zoning and development ordinances to achieve implementation of General Plan programs and policies, and the amendment will carry out General Plan policies that encourage the conversion or relocation of nonconforming, higher intensity uses in order to improve the quality of neighborhoods and business districts. NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: An Ordinance of the City Council of the City Of National City Amending Chapter 18.108 of the National City Municipal Code by Amending Section 18.108.230 Pertaining to Affirmative Termination by Amortization of Nonconforming Uses Proiect Location: City-wide Contact Person: Claudia Silva Telephone Number: (619) 336-4310 Senior Assistant City Attorney Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the National City Municipal Code regarding nonconforming uses. Applicant: City of National City 1243 National City Boulevard National City, CA 91950 Telephone Number: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. ❑ Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, because the amendment does not have a direct affect on any property or environmental consequence. Any future individual project would be reviewed in accordance with CEQA. Date: Claudia Silva Senior Assistant City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, June 20, 2006, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: AN AMENDMENT TO TITLE 18 (ZONING) OF THE MUNICIPAL CODE REGARDING AFFIRMATIVE TERMINATION OF NONCONFORMING USES. (Applicant: City Initiated. Case File No. A-2006-2). Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: June 2, 2006 Michael R. •all City Clerk ® Recycled Paper g ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 18.108 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 18.108.230 PERTAINING TO AFFIRMATIVE TERMINATION BY AMORTIZATION OF NONCONFORMING USES BE IT ORDAINED by the City Council of the City of National City that. Chapter 18.108, Section 18.108.230 of the National City Municipal Code is hereby amended to read as follows: 18.108.230 Affirmative Termination by Amortization. The City Council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after 10 days written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a minimum of one year after the date of the Order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the Planning Commission shall consider: (i) The total cost of land and improvements; (ii) The length of time the use has existed; (iii) Adaptability of the land and improvements to a currently permitted use; (iv) The cost of moving and reestablishing the use elsewhere; (v) Whether the use is significantly nonconforming; (vi) Compatibility with the existing land use patterns and densities of the surrounding neighborhood; (vii) The possible threat to public health, safety or welfare; and (viii) Any other relevant factors. The term "nonconforming use" when used in this section shall include nonconforming uses, nonconforming structures and nonconforming lots, consistent with the intent of this title. Failure to comply with the City Council's Order to terminate a nonconforming use shall constitute a violation of this Chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code. PASSED and ADOPTED this day of 2006. ATTEST: Michael R. Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney CEnvironmental Review N/A City of National City, California COUNCIL AGENDA STATEMENT FETING DATE June 20, 2006 AGENDA ITEM NO. 31 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2006-2007 FISCAL YEAR PREPARED BY Bill Yeomans W Budget & Investment(fdfficer EXPLANATION DEPARTMENT Finance Ext. 4331 On June 20, 2006, the City Council for the City of National City considered the City's Preliminary Budget for Fiscal Year 2006-2007 as presented and recommended by the City Manager. State Law requires the Budget be adopted before the start of the new fiscal year on July 1. With the adoption of this resolution, Finance will proceed with preparing the Final Budget document for distribution in August, 2006. This action formally adopts the Budget for Fiscal Year 2006-2007. J 7-Financial Statement Not Applicable Approved By: Finance Director Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 i9:991 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2006-2007 FISCAL YEAR WHEREAS on June 20, 2006, the City Manager submitted to the City Council a Recommended Budget for the 2006-2007 fiscal year, and said budget has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2006 with City expenditures totaling $61,726,085 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in Exhibit "A" (Projected Expenditures" column) shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Exhibit "A". BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments and/or activities as set forth in the fiscal year 2006-2007 budget. PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Fund 001 103 104 105 108 109 110 111 113 115 120 125 131 158 159 172 173 174 176 188 189 191 201 204 211 212 220 230 233 254 259 273 282 301 302 304 307 325 345 348 552 626 627 628 629 630 631 632 633 643 644 CITY OF NATIONAL CITY BUDGET ANALYSIS, BY FUND -ALL FUNDS, FINAL BUDGET FISCAL YEAR 2006-2007 Title General Fund General Fund Reserves General Capital Outlay Library Parks Maintenance Library Capital Gas Taxes Emergency Preparedness POST Fund Cultural Arts Fund Park & Ree C/O Plan Check Revolving Sewer Service Asset Forfeiture Swim Pool Revolv Fund General Plan Update P.W. Refuse National SD Contract Sweetwater School Contract Police Reimbursed OT Police HIDTA Grant Civic Center Refurbishing Police Stop Project NCJPFA Debt Traffic Eq For All Police Security Alarm Fund Personnel Compensation LLEBG 00-01 Police AVA LLEBG 01-02 Lead Based Paint Library GO Bonds Debt Service CBAG -- Police Mex Traff Reimbursable Grants C.D.B.G. CDC Contribution Park Development Fund Proposition "A" Development Impact Fees Traffic Congestion Relief State Coastal Conservancy Grant Local Transit (TDA) Facilities Maint. Risk Management General Services Info. Systems Maint. Office Equip. Depreciation Telecomm. Revolving General Accounting Svcs Unemployment Insurance Vehicle Services Vehicle Replacement Total All Budgeted Funds Fund Balance 7/1/2006 4,980,768 5,705,124 532,627 0 0 550,130 777,860 47,558 72,109 60,812 488,759 172,611 7,926,437 298,848 223 291,082 235,712 31,170 162,031 29,364 11,934 2,640,390 43,748 4,642 107,958 84,547 0 39,737 6,141 0 (0) 414,467 0 76,202 (146,376) 0 163,401 4,950,539 174,369 266,000 3,848 66,927 838,473 340,894 140,459 731,788 1,066,596 552,317 119,753 78,032 94,013 200,000 35,434,022 180,000 32,000 164,000 50,000 75,000 0 65,000 494,563 0 25,000 356,900 0 120,369 0 829,316 440,000 75,000 65,000 146,376 0 491,000 200,000 5,000 135,252 3,359,771 2,137,396 2,547,650 432,972 734,759 441,565 437,962 865,895 38,818 1,587,933 0 62,695,210 120,000 400,000 7,131,500 130,000 15,466 80,000 Projected Revenues 35,716,274 Projected Transfers Expenditures (938,690) (34,344,269) 0 516,700 1,200,000 597,700 538,690 184,200 1,268,873 0 (1,654,417) (1,103,273) (99,120) (800,000) (595,509) 0 (15,000) (100,000) 0 (25,000) (100,000) (136,000) (7,245,578) 0 (3,123) 0 (140,000) (205,443) (35,975) (178,818) 0 (60,630) (200,000) (61,957) (490,062) (7,525) (48,441) (356,900) 0 (126,510) 0 (829,316) (398,408) (75,000) (77,639) 0 0 (163,401) (166,000) 0 (271,000) (135,252) (2,989,875) (2,156,388) (2,483,807) (323,901) (827,595) (931,501) (372,340) (829,386) (38,318) (1,203,408) (120,000) 61,726,085) EXHIBIT "A" Page 1of3 Fund Balance 6/30/2007 5,414,083 5,705,124 532,627 62,283 33,117 635,210 651,224 32,558 52,109 35,812 508,759 436,611 7,812,359 428,848 12,566 151,082 210,269 27,194 147,212 79,364 26,304 2,440,390 46,790 9,143 100,432 61,106 0 39,737 (0) 0 0 456,059 0 63,562 0 0 0 5,275,539 374,369 0 3,848 436,823 819,481 404,737 249,530 638,952 576,660 617,938 156,262 78,532 478,538 80,000 36,403,148 Activity CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2006-2007 Personnel Maintenance & Capital Eq. Capital Services Operations & Debt Improvements Sub -total EXHIBIT"A" Page 2 of 3 Internal Charges Total City Council 302,449 48,659 0 0 351,108 211,578 562,686 City Clerk -Operations 35,137 51,045 0 0 86,182 52,689 138,871 City Clerk- Records Mgmt. 45,750 14,050 0 0 59,800 0 59,800 City Manager 449,063 52,336 0 0 501,399 119,888 621,287 City Manager-PIO 98,117 53,600 0 0 151,717 0 151,717 Revenue & Recovery 297,926 7,950 0 0 305,876 41,763 347,639 City Attorney 374,520 130,271 0 0 504,791 59,890 564,681 Planning 588,627 26,200 0 0 614,827 169,899 784,726 Personnel 393,806 57,010 0 0 450,816 (527,308) 0 Non -Departmental 0 820,834 27,200 0 848,034 0 848,034 City Treasurer 24,859 2,193 0 0 27,052 14,151 41,203 Police 13,082,204 1,319,956 256,061 0 14,658,221 4,090,493 18,748,714 PD Tuition Reimb 0 15,000 0 0 15,000 0 15,000 Fire Operations 5,129,742 381,498 0 0 5,511,240 708,483 6,219,723 Building & Safety 386,003 13,837 0 0 399,840 185,592 585,432 Mgmt. Info. Systems 66,287 4,500 0 0 70,787 105,887 176,674 Engineering 525,277 46,325 0 0 571,602 408,658 980,260 P.W.-Operations 154,431 28,200 0 0 182,631 (247,572) (64,941) P.W.-Streets 702,662 714,150 0 0 1,416,812 559,843 1,976,655 Community Services 776,060 106,167 0 0 882,227 703,881 1,586,108 Street Tree Maintenance 0 0 0 0 0 0 0 Total General Fund 23,432,920 3,893,781 283,261 0 27,609,962 6,657,815 34,344,269 103 General Capital Outlay 104 Library 1,040,282 126,366 0 0 1,166,648 487,769 1,654,417 105 PW-Parks 891,520 50,653 3,000 0 945,173 158,093 1,103,273 108 Library Capital Outlay 0 99,120 0 0 99,120 0 99,120 109 Gas Taxes 150,509 0 0 445,000 595,509 0 595,509 110 Emergency Preparedness 0 15,000 0 0 15,000 0 15,000 111 POST Fund 0 100,000 0 0 100,000 0 100,000 113 Cultural Arts Fund 0 25,000 0 0 25,000 0 25,000 115 Parks & Rec C/O 0 100,000 0 0 100,000 0 100,000 120 Plan Check Revolving 0 136,000 0 0 136,000 0 136,000 125 City Manager Sewer Service 39,042 0 0 0 39,042 0 39,042 125 Eng, Sewer Service 245,895 350,600 0 880,000 1,476,495 0 1,476,495 125 P.W. Sewer Service 411,628 4,940,679 156,114 0 5,508,421 221,620 5,730,041 131 Asset Forfeiture 0 0 0 0 0 0 0 158 Swim Pool Revolv Fund 3,123 0 0 0 3,123 0 3,123 159 General Plan Update 0 140,000 0 0 140,000 0 140,000 172 P.W. Refuse 76,512 114,000 0 0 190,512 14,931 205,443 173 National SD Contract 35,975 0 0 0 35,975 0 35,975 174 Sweetwater School Contract 178,818 0 0 0 178,818 0 178,818 188 Police HIDTA Grant 60,630 0 0 0 60,630 0 60,630 189 Civic Center Refurbishing 0 200,000 0 0 200,000 0 200,000 191 Police Stop Project 61,957 0 0 0 61,957 0 61,957 201 NCJPA Debt Service 0 0 490,062 0 490,062 0 490,062 204 Traffic Eq For All 0 7,525 0 0 7,525 0 7,525 211 Police Security Alarm Fund 46,231 2,210 0 0 48,441 0 48,441 212 Personnel Compensation 356,900 0 0 0 356,900 0 356,900 230 Police AVA 126,510 0 0 0 126,510 0 126,510 254 Lead Based Paint 299,574 529,742 0 0 829,316 0 829,316 259 Library Bonds Debt Service 0 1,000 397,408 0 398,408 0 398,408 273 Police Mex Traffic 75,000 0 0 0 75,000 0 75,000 282 Reimbursable Grants 0 0 77,639 0 77,639 0 77,639 301 CD.B.G. 0 0 0 0 0 0 0 302 CDC Contribution 0 0 0 0 0 0 0 304 Park Development Fund 0 72,985 90,416 0 163,401 0 163,401 307 Proposition "A" 0 0 0 166,000 166,000 0 166,000 345 Traffic Congestion Relief Fund 0 0 0 271,000 271,000 0 271,000 348 State Coastal Conservancy Grant 0 0 0 135,252 135,252 0 135,252 552 Local Transit 1,380,945 1,095,459 513,471 2,989,875 2,989,875 Activity CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2006-2007 Personnel Maintenance & Capital Eq. Capital Services Operations & Debt Improvements Sub -total EXHIBIT"A" Page 3 of 3 Internal Charges Tota. 626 Facilities Maint. 730,767 1,136,950 0 0 1,867,717 288,671 2,156,388 627 Risk Management 122,375 2,344,485 0 2,466,860 16,947 2,483,807 628 General Services 152,928 94,932 0 0 247,860 76,041 323,901 629 Info. Systems Maint. 150,573 639,885 25,000 815,458 12,137 827,595 630 Off. Equip. Depreciation 145,001 581,500 205,000 931,501 0 931,501 631 Telecomm. Revolving 94,590 267,750 10,000 0 372,340 0 372,340 632 General Accounting Svcs 656,189 86,542 0 0 742,731 86,655 829,386 633 Unemployment Insurance 0 38,318 0 0 38,318 0 38,318 643 Vehicle Services 420,642 476,320 70,470 0 967,432 235,976 1,203,408 644 Vehicle Replacement 0 0 120,000 0 120,000 0 120,000 Total Restricted Funds 7,954,116 13,773,021 2,158,580 1,897,252 25 782 969 1 598 840 27 381 816 % of Total 30.85% 53.42% 8.37% 7.36% 100.00% Total All Funds 61,726,085 City of National City, California COUNCIL AGENDA STATEMENT JIEETING DATE: June 20, 2006 AGENDA ITEM NO. 32 ilTEM TITLE Resolution of the City Council of the City of National City Supporting the SDG&E Sunrise Powerlink Transmission Line Project, and Urging the California Public Utilities Commission to Approve the Construction of the Project PREPARED BY Lin Wurbs, Asst. City Manager DEPARTMENT City Manager 619-336-4244 EXPLANATION See attached letter from SDG&E Environmental Review V N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF SDG&E'S SUNRISE POWERLINK TRANSMISSION LINE PROJECT, AND URGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO EXPEDITIOUSLY APPROVE THE CONSTRUCTION OF THE PROJECT WHEREAS, the Sunrise Powerlink transmission line project (Sunrise Powerlink) is a proposed electric transmission line that would deliver reliable power and help reduce overall energy costs for San Diego Gas & Electric (SDG&E) customers; and WHEREAS, the Sunrise Powerlink will provide access to clean, renewable sources of energy located in the Imperial Valley, including solar, wind and geothermal power generation; and WHEREAS, the delivery of reliable power to homes and businesses is critical to the City of National City economic competitiveness and quality of life; and WHEREAS, access to cost-effective electricity is vital to ensure continued economic prosperity and strengthen the city's job base; and WHEREAS, the construction of new energy infrastructure projects, including the Sunrise Powerlink, are needed in Southern California to meet the projected demands for power in the region; and WHEREAS, the Sunrise Powerlink will save SDG&E ratepayers more than $100 Million per year by reducing the region's dependence on older, local power plants that are inefficient and expensive to operate; and WHEREAS, when completed, the Sunrise Powerlink will provide enough energy to serve more than 650,000 homes; and WHEREAS, the completion of the Sunrise Powerlink will help SDG&E meet requirements to have 20% of its ;power come from renewable sources by the year 2010; and WHEREAS, the City of National City supports the increased use of renewable sources of energy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the Sunrise Powerlink and the delivery of reliable and renewable energy to the regions. BE IT FURTHER RESOLVED, that the City Council of the City of National City strongly urges the California Public Utilities Commission to expeditiously approve the construction of this vital energy transmission project. -- Signature Page to Follow — Resolution No. 2006 — June 20, 2006 Page 2 PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney sncf A Sempra Energy utility May 4, 2006 Chris Zapata City Manager National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Zapata: San Diego Gas & Electric 8330 Century Park Court San Diego, CA 92123 I am writing to request that a presentation and resolution of support for San Diego Gas & Electric's (SDG&E) proposed Sunrise Powerlink transmission line project be docketed on an upcoming City Council agenda. This vital new major transmission line will help meet the future energy demands of businesses and residents throughout our region. The Sunrise Powerlink will not only ensure energy reliability, it will also provide access to clean - energy renewable power sources like solar, geothermal and wind. In addition, the Sunrise Powerlink will help reduce energy costs in the region by reducing expensive transmission congestion, providing access to less expensive power, and reducing reliance on older and less - efficient power plants that are more expensive to operate. As our regional demand for electricity continues to grow, we must invest in needed infrastructure to ensure energy reliability and our economic competitiveness. While Sunrise Powerlink will complement two new power plants planned for or under construction in San Diego County, building new transmission facilities is vital to providing our region with the power needed to sustain economic growth and protect the and maintain the quality of life of the residents and businesses in your community. I have attached a draft resolution and will follow up in the next couple of days. Sincerely, hmad Solomon Public Affairs Manager San Diego Gas & Electric City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 33 ITEM TITLE Resolution approving a Tentative Subdivision Map for a mixed -use project "Centro/Revolution 2 Condominiums" Location: 41 East 12th Street APN: 556-554-16 and -17 Applicant: Constellation Property Group LP Case File No.: S-2006-5 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The proposed project consists of a four-story condominium building, `Centro,' with 61 residential units and a 22-story condominium building, `Revolution 2,' with 247 residential units and three commercial units. On October 18, 2005, the Community Development Commission Board approved Downtown Specific Plan Consistency Reviews (DSP-2005-1) for the `Revolution 2' project and (DSP-2005-5) for the `Centro' project, subject to conditions of approval and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-5) would implement the approved projects by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-5) is consistent with the Downtown Specific Plan and adequately addressed in the program EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission BOARD / COMMISSION RECOMMENDATION On June 5, 2006, the Planning Commission voted to recommend approval of Tentative Subdivision Map (S-2006-5). Ayes: Alvarado, Baca, Carrillo, De La Paz, Flores, Pruitt, Reynolds Absent: None Nays: None ATTACHMENTS 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR A MIXED -USE PROJECT 'CENTRO/REVOLUTION 2 CONDOMINIUMS', AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION LOCATION: 41 EAST 12TH STREET APPLICANT: CONSTELLATION PROPERTY GROUP LP CASE FILE NO. S-2006-5 WHEREAS, application was made for approval of a Tentative Subdivision Map for a mixed -use project "Centro/Revolution 2 Condominiums" located at 41 East 12th Street within the City of National City on property generally described as: PARCELS 1 & 2 OF PARCEL MAP NO. 10377, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 27, 1980, AS FILE NO. 275023, OFFICIAL RECORDS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on June 5, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on June 20, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-5, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. Resolution No. 2006 — June 20, 2006 Page 2 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered that the Program Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Program Environmental Impact Report, which reflects the City's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. Resolution No. 2006 — June 20, 2006 Page 3 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-5), dated January 20, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Reviews (DSP-2005-1) & (DSP-2005-5). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 15, 2005. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. Resolution No. 2006 — June 20, 2006 Page 4 b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. Thechecklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. g) A sewer permit will be required. A sewer study is currently being prepared by the City to consider the adequacy of the existing sewer system with respect to the Downtown Specific Plan. The sewer study recommendations shall be part of the Engineering Department Requirements to be completed for this project. The Resolution No. 2006 — June 20, 2006 Page 5 method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the Cityright-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of the existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. o) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. Resolution No. 2006 — June 20, 2006 Page 6 p) q) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. r) The final map shall be recorded prior to issuance of any building permit. s) All new property line survey monuments shall be set on private property, unless otherwise approved. t) The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the , boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memoranda dated September 13, 2005 and March 16, 2006. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall upgrade the sewer line serving the project area to 12-inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. The developer shall submit sewer and drainage improvement plans to the Public Works Department for review and approval. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. d) The developer shall install streetlights along the public plaza, alley, and 11th and 12th Street frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained in Fire Department memoranda dated October 4, 2005 and March 21, 2006. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will be required. Resolution No. 2006 — June 20, 2006 Page 7 c) Automatic and manual fire alarm system with communications system will be required. d) Smoke control system will be required e) Class I standpipe system will be required f) Minimum fire flow requirement will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. g) Fire Department central control station will be required. h) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. 14. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 20, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated March 10, 2006. a) Construction of an expanded bus stop at National City Boulevard & 12th Street with a larger shelter (or two smaller sizes) and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. b) NCT should be directly involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. c) Evaluate the existing bus stop in front of the NCPD (West side of National City Boulevard) for installation of shelter and bench if warranted. Resolution No. 2006 — June 20, 2006 Page 8 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. Resolution No. 2006 — June 20, 2006 Page 9 22. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 2oth day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, HI City Attorney n1EETING DATE 06/20/06 City of National City, California COUNCIL AGENDA STATEMENT 34 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Approval of the 2005-2006 Weed Abatement Public Hearing Findings PREPARED BY Donald Condon, — DEPARTMENT Battalion Chief 336-4550 EXPLANATION Fire In accordance with National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protests by any parties interested in same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises. In accordance with National City Municipal Code, 1.36.110, a copy of the resolution required by Section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in Section 1.36.030 not later than fifteen days after the date of adoption of such resolution. Environmental Review Financial Statement N/A STAFF RECOMMENDATION X N/A Account No. Adopt City Council Resolution Confirming 2005-2006 Weed Abatement Public Hearing Report and Account. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Fixed Charge Special Assessments 2006-2007. 2. Summary Report of Abated Properties. 3. Resolution. A -too 9'80) Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT FOR FY 2005/2006 WHEREAS, the Chief of the Fire Department has heretofore filed in the office of the City Clerk of National City an assessment attached hereto as Exhibit "A" for the certain weed abatement work in said City done under and pursuant to National City Ordinance No. 2081, adopted by the City Council on September 27, 1994; and WHEREAS, after the filing of said assessment the City Clerk has, as required by said ordinance, given notice of the filing of said assessment and of the time fixed in said notice for hearing by the City Council and an affidavit of posting of such notice has been made and is on file in the office of the City Clerk; and WHEREAS, at the time and place fixed in such notice, to -wit, June 20, 2006, a hearing was fully held by this City Council at which all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by this City Council and the City Council is fully informed in the premises. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby find, resolve, determine and order as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that the City Council is satisfied with the correctness of the assessment, the proceedings and all matters relating thereto, and all protests, objections or appeals be and the same are hereby overruled and denied and the City Council does herby confirm said proceedings and said assessment and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this resolution. PASSED and ADOPTED this 20th day of June, 2006. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Weed Abatement Program 2006/2007 Fixed Charge Special Assessments 557 380 51 00 558 320 07 00 564 401 07 00 Total Parcels: Total Assess $2,260.70 $1,345.16 $3,667.56 3 $7,273.42 Plaza Blvd National City 3040 E 20th St National City 91950 3605 Cagle St National City 91950 Barber Agnes I Est Of Mellor Alan Weaver Lawrence A 303 H St #412 3605 Cagle St Chula Vista National City CA CA CA 91945 91910 91950 „ V„ 1ISIHX3 City of NI" -anal City Weed Abatement Program 2006/2007 Fixed Charge Special Assessments $2,260.70 �; Plaza Blvd National City ,1 Barber Agnes 1 Est Of 2240 El Prado Ave Lemon Grove CA 91945 557 380 51 00 558 320 07 00 $1,345.16 3040 E 20th St National City 91950 Mellor Alan 303 H St #412 Chula Vista CA 91910 564 401 07 00 $3,667.56 3605 Cagle St National City 91950 Weaver Lawrence A 3605 Cagle St National City CA 91950 _a,.,,r _- ° c ky{�"k?za �...,kl"x .ate-+ rvb ru-r j-.v. °i s? tr'�i l -Y`.. p� s sew se-��'.uu. f �S Total Parcels: 3 Total Assessrr $7,273.42 MEETING DATE June 20, 2006 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 35 ITEM TITLE Resolution of the City Council of the City of National City approving the proposed plans for the National City Boulevard Streetscape and Fountain Plaza Improvements Project and authorizing the City Engineer to advertise the project for bids PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Engineering EXT. 4387 See attached explanation Environmental Review N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Adopt the resolution. J� BOARD / COMMISSION RECOMMENDATION Approved By: Finance Director Account No. N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution A-200 (Rev. 7/03) RE: Resolution of the City Council of the City of National City approving the proposed plans for the National City Boulevard Streetscape and Fountain Plaza Improvements Project and authorizing the City Engineer to advertise the project for bids On January 17, 2006, a contract was awarded to Project Design Consultants firm to provide design services for the National City Boulevard Streetscape from 12th to 2nd Streets and 9th Street Fountain Plaza Improvements project. On March 23, 2006, the Consultant completed the program development, planning analysis, and the concept alternative tasks in accordance with the project schedule. Two public workshops were held during the preparation of the project conceptual plans. Approximately, three hundred public notices were sent to the property owners, and occupants/businesses in the vicinity of the project site (within a 300 feet radius). In addition, the notice for workshops was published on the local newspaper. The National City Chamber of Commerce, Developers, Morgan Square Board, Historical Society, Southwestern College, and various stakeholders were also notified of the workshops. Flyers were distributed in the Neighborhood Councils. Posters for the workshops were placed on the City Clerk Bulletin Board, Martin Luther King and Library Buildings,and other City Departments. Posters were also placed at the Chamber of Commerce building and the Education Village. On March 27, 2006, the first public workshop was held and the proposed project concept was discussed in detail with all of the interested parties in attendance. The input from all of the attended parties were collected, and then carefully reviewed for similarities/consistencies. After the review process the original plans were revised and the public comments and recommendations were incorporated into the conceptual plans as appropriate. On April 11, 2006, the second public workshop was held and the revised plans were presented and discussed again with all of the attending parties. In addition, the .staff met twice with the Morgan Square Board members and twice with the Public Art Committee and discussed the goals and objectives of the project with them. At each meeting the plan and/or the project schedule was discussed. Based upon the general consensus the construction plans have been completed. The Consultant is here tonight to provide the City Council with a presentation summarizing the results of the public workshops and providing an overview of the proposed project approach and concept. Following the presentation the City staff and the Consultant will answer to any questions. The environmental documents, and necessary studies have been completed and are currently being processed through Department of Transportation and the Federal Highway Administration. The funds available for the project are $2,000,000 through San Diego Association of Governments (Pilot Smart Growth Incentive Program). The total amount as matching -funds budgeted through the CDC funds for the project is $2,400,000. The total cost for design and construction, which will include the streetscape improvements along National City Boulevard and 9th Street fountain plaza improvements, is estimated at $4,400,000. Staffs recommendation is to adopt the resolution approving the proposed plans for the Project and authorizing the City Engineer to advertise the project for bids. 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ADVERTISE THE NATIONAL CITY BOULEVARD STREETSCAPE AND FOUNTAIN PLAZA PROMENADE IMPROVEMENTS PROJECT FOR BIDS WHEREAS, in February 7, 2006, the City Council adopted Resolution No. 2006-13, approving an agreement with Project Design Consultants, Inc. to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project; and WHEREAS, the project concept was presented at a public workshop on March 27, and April 11, 2006, for public input. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to advertise the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project for bids. PASSED and ADOPTED this 20th day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT June 20, 2006 MEETING DATE AGENDA ITEM NO. 35 (a) ITEM TITLE Resolution of the City Council of National City approving Change Order Number Five with California commercial Pools, Inc. for the installation of a water slide for the new Activity Pool in the amount of $158,469 as part of the National City Municipal Swimming Pool Renovation Project and authorizing the City Engineer to execute the Change Order (Pool project is primarily being funded by State Parks Grant) Din Daneshfar Engineering 4387 PREPARED BY DEPARTMENT EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement Change Order is for $158,469. The funds are available in the following accounts: 303-409-500-598-4097 ($ 197,181) Account No. STAFF RECOMMENDATION Adopt the Resolution. 1 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Change Order Number Five A-200 (9/80) RE: Resolution of the City Council of National City approving Change Order Number Five with California Commercial Pools, Inc. for the installation of a water slide for the new Activity Pool in the amount of $158,469 as part of the National City Municipal Swimming Pool Renovation Project and authorizing the City Engineer to execute the Change Order (Pool project is primarily being funded by State Parks Grant) The purpose of the Change Order Number Five is to include an installation of a water slide for the new activity pool into the existing Municipal Swimming Pools Renovation project. The installation of the water slide was originally included in the swimming pools renovation project contract. Due to the financial difficulties this work was excluded from the original contract. Now, with the proposition D passed on June 6th, the staff has recommended to include the water slide in the contract. Various state grant and local funds have been invested to make the municipal swimming pool facility up-to-date. With this additional feature the City's swimming pool facility will be compatible with the most of the advanced pool facilities in the region. A thicker concrete slab with the plumbing and electrical fixtures have been already installed under the water slide as a part of the original contract. The staff has negotiated the cost and schedule with the Contractor. The total cost to install the slide will be $158,469. The waiting time to deliver the slide will be thirteen weeks. The work will be completed within seventeen weeks. See attached contract change request (proposed costs and schedules) dated June 13, 2006 along with the specifications for the detailed information. Currently, the construction of the Swimming Pools Renovation has been completed and the Contractor is working on a few unfinished items to meet the facilities opening date. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 5 WITH CALIFORNIA COMMERCIAL POOLS, INC. FOR THE INSTALLATION OF A WATER SLIDE FOR THE NEW ACTIVITY POOL IN THE AMOUNT OF $158,469, AS PART OF THE NATIONAL CITY MUNICIPAL SWIMMING POOL RENOVATION PROJECT WHEREAS, the contract for the National City Municipal Swimming Pool Renovation Project ("Project") was awarded to California Commercial Pools on May 17, 2005, by the adoption of Resolution No. 2005-99; and WHEREAS, the installation of the water slide for the new activity pool was originally included in the swimming pools renovation project contract, but due to financial difficulties, it was removed; and WHEREAS, the City is now in a better financial condition allowing the installation of the water slide for the new activity pool to be included in the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 5 with California Commercial Pool in the amount of $158,469 for the installation of the water slide for the new activity pool as part of the National City Municipal Swimming Pool Renovation Project. PASSED and ADOPTED this 2oth day of June, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CHANGE ORDER CIO Number 5 To (Contractor): California C/O Initiation Date: June 8, 2006 Commercial Pools, Project: Municipal Swimming Pool Renovation Inc. Project Specification No.: 04-13 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: This change order is to install a water slide on the southeast side of the new Activity Pool as shown on the original construction plans. See attached contract change request (proposed costs and schedules) dated June 13, 2006. COST RECONCILATION: Costs were reviewed by the Architect and City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary: The original Contract Amount $ 991,000.00 The original Contract Amount (Alternative I) $ 435,000.00 Net change by previously authorized Change Orders $ 133,637.00 The contract Amount prior to this Change Orders $1,559,637.00 With the Change Order request the Contract cost is increased by $ 158,469.00 New Contract Amount $1,718,106.00 Change in Contract Time: Contract Completion Date: Recommended for Approval by: 90 Working Days October 27, 2006 CITY PROJECT MANAGER DATE PROJECT ACHITECT/JONES&MADHAVAN DATE Approved by: CONTRACTOR/CALIFORNIA COMMERCIAL DATE POOLS, INC. CITY OF NATIONAL CITY DATE CC: Construction File Inspector OW40 4tqaoly 140 aa4cu ;lnnxrfl ny u. sza: EDGE OF POOL WALL RECOMMENDED MINIMUM POOL AREA RESERVED FOR SUDE OPERATION IS 10' x 20' WITH MINIMUM WATER DEPTH OF 36". STANDARD LAYOUT MODEL # MPF-140S3 BASE SPECIFICATIONS RIDE LENGTH 134.58' CENTERLINE LENGTH 111.00' TOWER HEIGHT 16.33' LANDING HEIGHT 9.33' SLOPE 14.85% OPEN FLUME WIDTH 36.00" CENTERLINE RADIUS 52.00" STAIRWAY WIDTH 36.00" STAIRWAY CONFIG 7/11 DESIGNED WATER FLOW 800 GPM PUMP MOTOR 10 HP PREUMINARY tiSA SLIDE USA SLIDE, INC PHONE: 770 297 1551 1180 AIRPORT PARKWAY 1 800 872 7543 GAINESVILLE, GEORGIA FAX: 770 297 9633 30501 USA www.usaslide.com MINARY LAYOUT — FOR REVIEW AND APPROVAL ONLY. NOT FOR CONSTRUCTION CONFIDENTIAL - PROPERTY OF USA SLIDE, INC N MODEL MP-140 - 36"w STAIRWAY MODEL MP-140 [ DRAWN BY MEB DWG. DATE JAN. 31, 2000 DWG SCALE 1 /s" = 1'-0" REVISION 5 DWG. N0. 140XF36, 06/12/2006 23:11 9093941630 CAL COMM POOLS PAGE 02/.S June 13, 2006 City of National City 1243 National City Blvd. National City, CA 91950 Attn: Din Daneshfar RE: Change Order Request Enclosed: Estimate Summary for Change Order Proposal 6(Revised) CONTRACT CHANGE REOUEST California Commercial Pools will furnish the necessary supervision, labor, materials, tools, and equipment to provide and install the new USA Slide for S158,469.00 (One Hundred Fifty Eight Thousand Four Hundred Sixty Nine Dollars and No Cents). Slide to be installed on currently installed concrete deck. Reference Sheets A1.1 and At.2 from the project drawings for slide Location. Proposal Parameters: California Commercial Pools requires atotal of 20 1 working days for the installation once the slide is delivered. There is approximately a 12-14 week leadtime once the slide is ordered. California Commercial Pools wilt not be held responsible for delivery delays dr.e to circumstances beyond our control. A 25% deposit of the quoted amount is due with the purchase order. California Commercial Pools requires this amount be included in the most current pay application request and will not issue the purchase order until the pay request authorization is provided. The balance is due net 39 days after equipment delivery. Slide pump is to be installed on the pool deck below the slide. No costs are included for any work not specifically listed above. Exclusions: I. Engineering, Surveying, Structural Calculations, Soils Reports 2. Design, 3. Permits, Fees, Bonds, Licenses, Taxes, Any Required Submissions by Local Authorities 4. Any pool and/or concrete work not noted above Sincerely, Califo is Commercial Pools Dave Jensen Project Manager 2255 E. Auto Centre Dr., Glendora, CA ? 1740 / ph:909.394.1280 fax:904.394.1630 / CAL UC. No. 415172 06/12/2006 23:11 909394163a CAL COMM POOLS PAGE 03/16 Equipment Fork Lift Material Labor Description Provide and Install New Slide Quantity Unit Unk Coat Total 12 EA $ 275.00 $ 3,300.00 Subtotal $ 3,300.00 Description Quantity Unit Unit Coat Total MPF140S3 Water Slide 1 EA $94,348.48 $ 94,348.48 10 HP Three Phase Pump 1 EA $ 4,250.00 $ 4,250.00 Schedule 80 Pipe 40 LF $ 20.00 $ 800.00 Schedule 80 Fittings 5 EA $ 275.00 $ 1,375.00 Flow Meter 1 EA , $ 400.00 $ 400.00 Glue 1 GAL $ 52.00 $ 52.00 Primer 1 GAL $ 45.00 $ 45.00 Pipe Straps & Supports 10 EA $ 25.00 $ 250,00 Conduit 40 LF $ 0.81 $ 32.40 Wire 900 LF $ 0.19 $ 171.00 Mag Starter and Disconnect 1 EA $ 1,500.00 $ 1500,00 Emergency Stop 1 EA $ 500.00 $ 500.00 Check Valve 1 EA' $ 500.00 $ 500.00 Intake/Discharge Pernp Valves 2 EA $ 300.00 $ 600.00 No Hub Couplings 2 EA $ 30.0 $ 60.00 Subtotal $ 104,883.88 Description Quantity Unit Unit Cost Total Water Slide Installation 1 EA $22,500.00 $ 22,500.00 Journey Man (Electrician) 10 HR $ 41.79 $ 417.90 Plumber 10 HR $ 43.65 $ 436.50 Journey Man (Laborer) 10 HR $ 38.98 $ 389.80 Laborer 20 HR $ 33.58 $ 671.60 Estimator'Project Manager 2 HR $ 75.00 $ 150.00 Subtotal $ 24,565.80 Commercial General Liability Insurance Subcontractor Overhead and Profit Contractor Overhead and Profit Bonds and Insurance Subtotal Equipment, Material, Labor $ 132,749.68 15.00% $ 3,684.87 Subtotal $ 136,434.55 0.00% $ - Subtotal $ 136,434.55 15.00% $ 20,465.18 Subtotal $ 156,899.73 1.00% $ 1,569.00 TOTAL' $ 158,46873 06/12/2006 23:11 3093941630 FROM :USA SLIDE INC CAL COMM POOLS PAGE 04/16 FAX NC. :7722979533 Nov. 09 2005 09:43AM P2 USA Side, Inc. Mn Park, ,Sepes - 1.r.•!', • • , 06/12/2006 23:11 9093941630 CAL COMM POOLS PAGE 13/16 FF4OM :USA SLIDE INC FAX NO :77029,79633 4 HIGHWALL FLANGE Part 3 - DETAIL VIEWS Nov. 09 2006 09:47AM P11 1 i/2" I.O'WWAI.I. FLANGE 1YPICAL FLUME PROFILES CEL COAT - ISO WO 1 LLYER 24 OZ, WOVEN ROVING SPRAY / CHOP LAYLP GEL COAT - ISO NPG TYPICAL JOINT OETAIL 9. OS/12/2006 23:11 9033941630 FROM :USA SLIDE INC CAL COMM POOLS PAGE 14/16 FAX NO. :7702979633 Nov. 99 2905 09:47AM P12 t Og '__...... - 1 ' _ . ro STUB ON BOTTOM OF START TUB SECTION Part 3 - DETAIL VIEWS 6-0+ x 5 3/4" RUBBER COUPUNC w/ 2 ADJUSTABLE HOSE CLAMPS 6"0 NOM. PVC PIPE PIPE. CONNECTION ( START SEtiTON 1 96/12/2E19E 23:11 9093947.63E CAL COMM POOLS PA'3E 15/16 USA Strde, Inc 1180 Airport .� Parkway Gainesville, GA 30501 Phuyie; j770j 772-18v_ Fax: Cr/0) 297-9533 call Free: 1 900 872 i5 M1J Pert 4 — LANDING POOL INFORMATION 4.01 For Installation Into a swimming pool or separate landing pool For slide exit, recommendations are as follows: A. The mfnlmum ellowebfe water depth is 3 feet. A minimum clearance of 5 feel Is required on each side of the flume terminus measured from the centerline of the flume section. B. Fora single flume, a Landing area of 10 feet wide by 20 feet long is 'the minimum allowable. C. The slide exit height shall be approximately 2 Inches above static water level. P. The bottom of the landing pool should be smooth and level for a distance or at least le feet out in front of the pool entry section. E. The landing area reauires a hioh capacity exit with handrails. Part i — SANITY ciON8EDIRATIONS FOR WATER SLIDE OWNERS 5.01 Below are listed the safety considerations for water elide owners. A. All employees should be trained in the safe operation and usage of the waterstide. This tralnlno should be reviewed at regular intrrvala throughout the operating season. B. Be sure that the slide rules are posted where the riders can read and understand then before using the water slide, C. Be sure that riders t:0 NOT ride the water slide headfirst. Headfirst riding can lead to submarining and contact with the pool bottom, which can cause spinal tnjurles, paralysis, or death, D. The slide can only be used when supervised and with water flowing down the tiurne sections. E. Do not allow users to come down the water slide steps, except in an emergency. (If the water slide Is to be shut down during breaks, we recommend stopping riders at the bottom of the tower prior to the break end then allow the rider on the tower to rlde down the slide thereby emptying the water vide by break time.) F. Isolate pump area under structure and lower flume areas from public by use of a perimeter fence, 3. Provide means of a positive lock off the water slide structure. H. Shut water slide down during any maintenance time. 1, Be sure a documented emergency plan Is available to all employees and they are aware of it. Record it with a local authority and the fire rescue service. J. Water slide should have an emergency shutoff (provided by purchase downer; easily .accessible to the slide operators, 11. 06/112/2206 23:__ 92 94".5 0 CAL. CDY'' PCOLS FAX N]. 17?02979633 PAS= Nov. 09 0305 09:4$ T1 P14 FROM :USA SLIDE INC • byy..�Yw,Mnw. ' WM.4 ..w, . Yin•.rµi•+•.. r�i ({� YSAStltiw USA Slide, Inc 1 1 fill A irnnrl aprlrwnv Gainesville, GA 30501 Phone:(770)297-1551 Fah: (7'70) 297-9533 Toil Free: 1 800 872 7543 K. Water slide should be well lighted during evening and nighttime operations. L. No one should be allowed to use the water slide with metal parts such as budrets, buttons, locker pins, safety pins, or tags attached to their bathing suits, shirts, or other wearing apparel. The gel coat finish is very hard but cannot withstand direct metal contact. Repeated scratching of the surface will shorten the Ilia of the fiberglass Aurae sections. M. Mats are not required or recommended far use In the Mlni Park Series"" water slides because the slide surface le designed for body sliding. N. USA Slide Inc., water slide equipment, by design, has On intended specific use. Lade of maintenance and/or rider usage of thla piece; In a manner other than the intended use for which It was designed, can result In serious Injury. 4. Any attempt to altar, adapt, change, attach to, or assemble the product for any purpose other then its intended use, as stated in these Water Slide Specifications and the Instaliabon, Operations, and Maintenance Manual, Is strictly prohibited. Part 6 - SAFETY StGNAGa 5,01 Below suggested rules and regulations are listed for the safe operation of the Mini Park SeriesT" water slide. A. These rules are generally accepted industry wide. a. It should be retell that klrai cedes ar rssidallnaa minnr rnns,ira additional controls. C. Signs should be posted identifying the proper nitro position and ail rules and regulations. D. Ensure that water slide safety rules are posted where users cart read and understand them before using the slide. E. Failure to follow rules can result In serious injury. �-c 96/12/2006 23:1i 9093941630 FROM :USA SLIDE-INC CAL COMM POOLS FAX NO. :7702979633 PAGE 05/16 hbv. 09 2095 09:44AM P3 USA Slide, Inc 11AP Airport Parkway Gainesville, GA 30501 PhdnBf(770)297-1551 Fax; (770) 297-533 Toll Free; 2 Sr10 872 7543 Prot 1— GENERAL 1.01 saps A. Fiberglass water slide shall be USA Slide, Inc., standard Mini Park Series ureter slide system complete with steal tower, support structures, and required mechanical appurtenances as manufactured and distributed by USA Slide, Inc. of Geinesvife, Georgia. 1.02. Code A. The work of these epedftcationa are considered tribe in compliance with the Guideline for Risk Managernent end Operating Safety prepared by the • Wor?d WaterparkAssociation art! ttiaiiealtiLend Safety Guldelines.far ..• Recreational water Slide Flumes. Flans, spedit attons, and calculations were prepared bye .professional engineer licensed to practice by the State of Georgie. 2.03 Submittal A. The water slide manufacturer shall submit three (3) copies of the „hre:f+gh ,ir,oiwirxrfr for review. annrovai. and Installation. t .ne.t Prowitiet bollverv. Sterana. and Handline A. At the site, store water slide components In safe areas, out of the way of Waffle and other construction. Also, stare materials to allow easy access for I,.:nmeNnn .nei Irf.ntifirnf,nn K►nn nhanl mornhnrc off tinIno pallets, platforms, or other supports. Protect water slide components and materials from erosion and deterioration. B. If required, provide safety barricades or other Pike measures for the protection of the public and adjacent property. C. Exercise care In handling of water slide components to prevent excessive stress and abrasions 2.03 Options A, Available for all Mini Park Series water slides 1. Higher Toad conditions than specified, If dictated by special area, climate, or climate conditions. 2. Conditions other than soecified. if dictated by special code rectuirements, 1.03 Specification Changes A. USA SSda, Inc., reserves the right to make specification changes without notification. 1.. 06/12/2006 23:11 3093941630 FROM :USA SLIDE INC CAL COMM FOOLS PAGE 06/16 OSA AXE USA Slide, Inc 1180 AirportP2rkwa,+ Gainesville, GA 30501 Phone;(770)297-1551 Far,; (770) 207-5633 Toll Free: 1 800 872 75x,3 FAX NO. : r rbe'd79633 Nov. 09 2005 09:44AM P4 Part 3 - DETAIL SPECIFICATIONS 2.01 Fiberglass Flume Sections A. fiberglass flume sections will conform to design dimensions of Mini Park Series spedflcatlons. B. Flume Dimensions: 1. All flume sections shall be U-shaped, molded fiberglass approximately 36' x 24" in cross-section with nominal 5' aide rail extensions. 2. Slide surface shall be of a smooth finish with factory machined round and smooth side rail edges. C. Ride Configurations; 1, Alt ride cenflgurations shall be constructed from Mini Park Series standard sections consisting of: Start Section Right Helical Radius 403.6 degrees) Left Hellcat Radius (103.6 degrees) Right Hellcat Radius (50,0 degrees) Left Helical Radius (50.0 degrees) Straight Section Pod Entry Section Fiume Saddle D. Rbengiass Laminate Materials, 1, Gelcbat: Cook Cornpcsttes or equal, ISO-NPG get coat containing UV Inhibitors that have been talored for marine and/or aquatic use 18 to 20 miss thick ride surface. Color of owners' choice, 10 mils exterior coatino on the exposed fiberglass. 2. Sam;mate thickness of 3/16" to 1/4' lay-up throughout flume section. FIAn¢a Iaminare rhI knees hoe up to 3/R" with one laver of 24 oun, a wive roving throughout the flume body between layers of chop, Glass to resin ratio of approximately 35 to 65. Fillers are not allowed. 3. Sadc side of flume to be sanded free of burrs and sprayed with ISO-NPG gel coat containing UV Inhibitors and a wax surfacing agent. A$ edges to be trimmed and sanded dull, rounded edge and covered with same gel coat used on flume back. 6, Tndtviduei Fiberglass Sections 1. Starting section seat and slide surface are smooth with Integral built in rids water distribution chamber and two recessed water outlets (5" x 4" u-snapecu ror Gistrioution or water into icne ride path. The start section is designed for one rider to sit down on a 15-inch seat height ensuring a safe rider loading procedure. 2. The cross sections! shape of the radial fiberglass flume unit is molded to Centro/ oscillation accumulation. 2. 06/12/2036 23:11 9093941630 FROM :USA SLIDE INC CAL COMM POOLS FAX NO. :770297'633 PAGE 07/16 U$A Slide, Inc 11.80 .Airport Parkway Gainesville, GA 30501 Phone: (770) 297-15s1 Fax; (770) 297.9633 Toll Free; 1 800 872 7542 Nov. 09 22C5 39:45AM P5 3. Non radial fiberglass flume units are pre -molded to precise degrees of change in ascent or descant to provide smooth transition from shallow graduations to deep descents. 4. Ali units shell be fabricated and joined to provide a smooth transition throughout. 5. Sections are joined at the L Range, which is pre -marked and factory drilled ensuring best alignment in ride path. 6. Joining of flume sections shall be with 3/8"stainless steel hex -head bolts, flat washers, lock washers, and hex nut on three Inch centers at each joint. 7. Flume units to be side or bottom mounted to support arms with Grade 8, 5/8"galvanized steel hex head bolts with flat washers, lock washers, and hex heed nut. 2.02 Shintoist Skeet A. Design Loads 1. The water slide shag be designed for the following minimum Toad conditions. 2. In addition to the weight of the structure, the water slide flume support system shalt be designed for a uniform, vertical live load of 50 pounds per linear foot of Some with a dynamic impact factor aftwo, This design load shall be determined to be adequate by a full-scale load test. 3. A uniform lateral Toad generated by centripetal accelerations shall be considered to act In conjunction with the verticai dead and thee loads, 4. Tower deck, landing deck, and stairs designed for 100 pounds per square foot live load. B. 9truoturalStteel 1. All roiled shapes, plates, rods, and miscellaneous steel Items shall conform to ASTM A36, Fy=36 KSI, Structural tube shall conform to ASTM A500, Grade B, Fy.46 KSI. Pipe shall conform to ASTM A501 orA$TM A53,Fye.36 KSI, 2. All bolted connections, unless otherwise noted, ;chap be made with high strength bolts, ASTM A325 Type N. 3. Ste& angles end plates shall conform to ASTM A36. 4. Structural steel shall be fabricated and erected according to the AISC "Specification forthe Design Fabrication and Erection of Structural Steel for Building." 5. Alt welds shalt be made by welders certified as passing test required by the AWS for the type of work required, Welding shall be performed with E70 XX series electrodes. 06/12/2006 23:11 9093941630 CAL COMM POOLS PAGE 08/16 FRX NO. :77.82978633 Nov. 09 2005,®9:45RM P6 FROM tUSA SLIDE INC f�1SJISilg6 USA SIkeje, Inc :I.180 Airport Parkway Gainesville, GA .30501 Phone: {777) 229'-1551 Pax: (770; 297-952 Tait Frees 1 S00 572 7543 C. Crandon P►atextide Nate& 1. Pipe columns, tle arms, support arms, etc., shellbe brushed off end sandblast cleaned in accordance with 5SPC-SP or power tool cleaned (SSP-SP3) and hot dipped gelvenited. D. Tamar Stnature: 1. Tower Column: 9" standard pipe with 1" thick cap and 1" base plate. 2, Deck Framing: Perimeter channels - C4 x 5.4 Cross Members C4 x 5.4 Bottom Connection plate - i" 1, Decking: 3/16" thick 3003H 22, aluminum titamorid pattern safety tread plate or Plbergrate and/or riberplate, 2, Riling: i 1/2"x 1 1/2" x 14 GA tubular steel top rail and side posts, 1/2 square vertical stee! pickets on 4"centers. 3. Misc. Steel: ASTM A-36, B. Handrails -Stair & Landings: 1 1/2" x 1 1/2" x 14 GA tubular steel top rail and side posts, 1/2" square vertical steel pickets on 4' center. P. Phase Suppott Structures; L. Support Columns; 8"standard pipe with domed cap and base plates. 2. Bottom Tie Arms: 4"x4x3/16"tubular steel, ASTMA-36 , Flume Support Arms: 4"x 4"x 3/16"tubular steel, with telescoping 3 1/2" x 3 1/2 "x 3116"tubular steel sections, both ASTM A-36. 4. Misc. Steel: ASTM A-36. 5. Flume Connection Plates: Flume Connection Plate 1/4" x 2 1/2". G. Steel Erection: 1. General: Comply with the RISC specifications and Code of Standard Practice, one as specified. Maintain work in a safe and stable condition during erection. 2, Temporary Bracing: Provide temporary connections of sufficient strength to bear imposed loads, Remove temporary members and connections when permanent members are In place and final connections are made. Provide temporary guidelines to achieve proper alignment of the structures as erection proceeds. 3. Field Assembly: Set structural members to the lines and elevations indicated. Align and adjust the verious members forming a part of a complete frame or structure and other surfaces, which will be In permanent ccntaCt before aSSembiy. Perform necessary adjLStmenta to compensate for discrepancies in elevations and alignment. 4, 06/12/2006 23:11 9093941630 CAL COMM POOLS FAX ND. :7702979633 PAGE 09/16 Nov. 09 2005 09:45p't P7 FROM USA SLIDE INC 1 18 D Airport Parkway Gainesville, G.A 30501. Phone: (770)2J7.1551 fax:(770)297.9533 ToII Free.: L 800 8•72 7543 2.08 Pm* / Pltunhiriq / MSaherdell A. The nominal water volume requirements range from approximately 650 gpm to 800 gpm for our standard Mini Park Series water slides that range from 45'to 210'ride length. S. The pump/motor units available (purchased as an option by purchaser) through USA Slide, Inc., which produce this volume of water flow are a 7. 1/2 hp and 10 hp. These pump nits are typicailY 3 phase 60 cycle, 230/460 volts, capable of operation at 208 volts, however, single phase Is available If required. C , Pumps may be Installed above ground or below ground to accommodate customer preference. Possible methods are: 1. Deck Mounted. Typically, the pump is located underneath the water slide tower where the steel support structure acts as a natural restriction to slide patrons but stilt allows accessibility to water slide operators. 2. Dry Pit. Typkaliy, the pump may be located in a pit with a check valve In the suction line to ensure constant prime. The pit should have e ere to leper r si urfnro wwtnr and r cover that prevente ecctdental entry without restricting air ventilation. Ventilation in accordance with manufacturer recommendations for the pump motor must be provided. Additionally, a sump chamber and pump must be provided to remove any water that accumulates in the pump pit, D. the standard plumbing system available (purchased as an option by purchaser) through USA Slide, Inc Is an "Over -the -Deck" configuration and utilizes an 8'suction and 6"discharge PVC schedule 40 pipe distribution system. The system comes with a minimum number of fittings, along with a suction basket and foot valve for the suction Line, and a butterfly valve for the discharge piping now meter, The staff section flange is a melded in 6"fiberglass pipe that acccrnmodates a 5"rubber fernco. For all systems, a butterfly valve Is recommended between the pump and the start section to allow for adjustment of the water flow to the start section. E. The standard suction basket supplied with each Over -the -Deck hydraulic configuration Is an 18"diameter by 32" tall cylinder. It Is constructed of 20 gauge stainless steel perforated sheet rolled into a cylinder. The top and bottom of the cylinder are constructed of PVC. This suction basket Is intended for applications where the plumbing to the pump Inlet is run at or above deck level. F. The arrangement, general location, and size of all piping are ;teeny shown, install all piping accurately to grade and alignment. Should structural or other conditions require Installation of mains or any of the piping differently from the manner shewn, the contractor shall consult with the owner and obtain written approval for all che noes before proceeding with the work, G. A II piping shall be Installed and anchored as shown or as may be reeulred to prevent undue strain on the olotne. H. The electrical supply is the responsIbtllty of the purchaser/owner who shall furnish a 3 phase or 1 phase, 23C/460-volt service and associated motor or electrical controls. s_ 96/12/2006 23:11 9093941630 FRCt1 :t$R SLIDE INC CAL CDMM POOLS PAGE 1B/16 FoN NO. : Trlo 379E33 Nov. 09.2005 09: 46A' .. PB SrE MOUNT CONNECTION Part 3 - DETAIL VIEWYB BOTTOM MOUNT CONNECTION FLUME SUPPORT INSERT 3 1/2" SOUARE TUBE FLUME SUPPORT ARM 4 SQUARE TUBE B"oY STEEL COLUMN 1" STEEL. BASE PLATE (4) 3/4"0 WE[N;E ANCHOR COLUMN TIE ARM 4" SOUARE TUBE — CONCRETE POOL DECK FLUME SUPPORT ARMS - iMINIPARK SERIES CAL COMM POOLS FRX ND. :7722979533 Nay. PAGE 11/16 09 2005 29:4EAN P9 06/12/2006 23:11 91333941630 FROM :USA SLIDE INC Part 3 - DETAIL, VOWS 1-1 /2" SA, i 4OA STEEL TUBING .1/2' SQ. STEEL PICKET 3/16" ALUMINUM SAFETY TREAD PLATE C4 x 3.4 DECK CHANNEL 1 " SttEL DECK SASE PLATE i " STEEL COLUMN CAP PLATE S" STEEL COLUMN (d) 3/4".3 WEDOE ANCFOR 1" STEEL SASE PLATE TOWER CONFIGIvURATION -- MINIf ARK SERIES 06/12/2006 23:11 9033941630 'FROM :USA SLIDE INC CAL COMM POOLS PAGE 12/16 FAX NO. :7702979633 Nova 09 2005 09:46AM P10 Part 3 - DETAIL VIEWS SECURE WATERSuDE BASE PLATES TO EXISTING 4" (MINIMUM) CONCRETE POOL DECK • WITH 3/4-10 x B 1/4" WEDGE ANCHORS. S, FOOTING REQUIREMENTS — EXISTING POOL DECK TH+CKEN CONCRETE DECK SLAS Tq A 36 x 36 x 9" CONFIGURATION UNDER SLIDE COLUMNS. SECUIRE WATERSUOE BASE PLATES TO POOL DECK WITH 3/4-10 x 6 1/4" WEDGE ANCHORS FOOTING REQUIREMENTS — NEW POOL DECK (4) - #4 EACH WAY 012' ON CENTER PLACE A 48 x 48 x 24" DEEP CONCRETE FOUNDATION BLOCK REINFORCED WITH /4 BARS AT 12" CENTERS EACH WAY, CONCRETE SHALL HAVE A 28 DAY COMPRESSION STRENGTH OF 3.00C PSI. SECURE WATERSLIQE 3ASE PLATES TO FOUNDATION WITH 3/4-10 x 6 1/4" wEDGE ANCHORS, FOUNDATION NOTE UNLESS OTHERWISE SPECIFIED, ALL FOUNDATIONS SHOULD BE PLACED ON SUITABLE SOIL wmi A BEARING CAPACITY OF NOT LESS THAN 2.000 POUNDS PER SQUARE FOOT. FOUNDATIONS MUST ExTEND TO THE APPROPRLATE DEPTH FOR SOIL CONDITIONS AND IN NO CASE SHOULD THEY SE LESS THAN THE LOCAL CODE REQUIREMENT FOR FROST DEPTH AT THE SLICE INSTALLATION SITE, FOOTING REQUIREMENTS - NC POOL DECK 8. r City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 20th AGENDA ITEM NO. 36 / ITEM TITLE Notice of Decision - Tentative Parcel Map for the Division of One 21,642 Square Foot Property Int ITEM Three Lots At 835 East 2nd Street With an Exception for Less Than 50 foot Street Frontage and a Variance for Reduced Driveway Width and Increased Wall Height. (Applicant: Augie Bareno — ABCO Consultants) (Case File No. LS-2006 2/Z-2006-2) PREPARED BY Patrick Zabrockki, 336-4310 DEPARTMENT Planning EXPLANATION The project site is Located to the east of the intersection of Highland Avenue and East 2nd Street, on the northern side of the street in the Residential Single -Family Extendable (RS-3 PD) Zone. The applicant proposes to divide the existing 21,642 square foot property into three lots containing 9,642 sq. ft., 6,350 sq. ft., and 5,650 sq. ft. respectively. In this narrow but long property, Lot 1 would be along East 2nd Street and contain the existing home. Lots 2 and 3 would each be developed with identical 2,536 square foot, two-story single-family homes containing three bedrooms, three bathrooms and a two -car garage. Plans include the construction of a driveway and necessary curb improvements to the west of the existing house, which would provide access to a rear garage on the existing house and to the two proposed new homes. The orientation of the three proposed lots, one in front of the other, allows for usability on a unique parcel but does not allow Lots 2 and 3 to have the 50 feet of frontage required in the Land Use Code, thereby requiring an Exception. The driveway to access the three homes would require a Variance because there are only 15 feet in between the existing house and the adjacent building to the west and the Code calls for 18' for two-way drives. In addition, the varied topography of the site would require a retaining wall/fence combination built to a maximum of 10-feet where the Land Use Code allows a maximum height of 8 feet. The retaining wall portion of the wall will be 4 feet and the remaining 6 feet will be a wood fence. The lower portion of the wall will be used to accommodate the difference in pad elevation in between the two lots and the wooden fence will be for privacy and security. The Planning Commission held a public hearing on May 15, 2006. The neighbor to the east verbally questioned the need for the proposed wall separating the two properties, due to their upcoming plans to develop their property and install a driveway that would grade to level along the property line. Commission voted to approve the application with an added condition to remove existing chain link fencing to be replaced with wood fencing. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recommends that the Notice of Determination be filed. BOARD / COMMISSION RECOMMENDATION Planning Commission approved the Tentative Parcel Map and Variance. Ayes - Carillo, Alvarado, Baca, Flores, Pruitt, Reynolds, De La Paz ATTACHMENTS ( Listed Below ) Resolution No. 1. Planning Commission Resolution 17-2006 4. Applicants Plans (Exhibit A) 2. Location Map 3. Site Photos A-200 (9/99) RESOLUTION NO. 17-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF ONE 21,642 SQUARE FOOT PROPERTY INTO THREE LOTS AT 835 EAST 2ND STREET WITH AN EXCEPTION FOR LESS THAN 50 FOOT STREET FRONTAGE, AND A VARIANCE FOR REDUCED DRIVEWAY WIDTH AND INCREASED WALL HEIGHT. APPLICANT: AUGIE BARENO — ABCO CONSULTANTS CASE FILE NO. LS-2006-2/Z-2006-2 WHEREAS, application was made for approval of a tentative parcel map for the division of one 21, 642 square foot property into three lots at 835 East 2"d Street with an exception for less than 50 foot street frontage, and a Variance for redued driveway width and increased wall height on property generally described as: The easterly 70 feet of the westerly 264 feet of the southerly half of 20 acre Lot 1 in Quarter Section 131 of Rancho De La Nacion, in the city of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County recorder of San Diego County, May 11, 1869 WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on May 15, 2006 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. LS-2006-2/Z-2006-2 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative parcel map, support the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since it will result in the infill of a vacant residential property with two houses suitable for larger families as encouraged by the General Plan. Additionally, two home ownership opportunities will be created. Finally, there are no specific plans governing use of the project site. 2. The site is physically suitable for the proposed type of development, since the 21,642 square foot lot can safely and efficiently accommodate two single-family homes and yard areas. 3. The site is physically suitable for the proposed density of development, since the proposed density of 6.04 units/acre is less than the density of adjacent residential development, less than the maximum density of 8.7 units/acre allowed in the Single - Family Extendible Zone, and since the property can easily accommodate two appropriately sized houses with sufficient off-street parking and yard areas. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no native habitat nor bodies of water on the partially developed 21, 642 square foot property, which is located in a fully urbanized area. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTION 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in this particular case to conform fully to the frontage requirements, as the narrow yet long lot size makes it impracticable to meet the 50-foot frontage requirement. 2. The exception will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed parcel map and future development pattern is compatible with the adjacent properties, which are single-family, multi -family, and small-scale commercial uses. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exception facilitates, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. RECOMMENDED FINDINGS FOR APPROVAL OF A VARIANCE FOR A WALL HEIGHT AND DRIVEWAY WIDTH 1. That because of special circumstances applicable to the property, including size, shape, location or surroundings, the strict application of the driveway requirements in the Land Use Code deprives such property of privileges enjoyed by other property since the reduced width of the driveway is the only way to provide access to the rear lots without removing a portion of the existing house. 2. That because of the special topographical circumstances applicable to the property, the strict application of wall height requirements may increase safety concerns due to the necessity of retaining slopes and through adequate security fencing. Granting the proposed wall height allows the applicant to provide a safe and secure development. 3. That the requested variances are subject to such conditions which will assure that the adjustments 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 adequate access and safety measures are provided, as is intended for single-family residential development. 4. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since single-family homes are allowed in the RS-3-PD Zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative parcel map for the division of one 21, 642 square foot property into three lots at 835 East 2"d Street with an exception for less than 50 foot street frontage, and a Variance for redued driveway width and increased wall heightis hereby approved subject to the following conditions: 1. This Tentative Parcel Map authorizes the division of one 21,642 square foot property into three lots, one with an existing single-family home to remain and two to be developed with one single-family home each. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A case file no. LS-2006-2/Z-2006-2, both dated 4/10/2006. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 4. 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. 5. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 6. All surface run-off, shall be collected by approved drainage facilities and directed to the street. Adjacent properties shall be protected from surface run-off resulting from this development 7. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 8. 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. 9. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 10. The deteriorated portions of the existing street improvements (sidewalk 5') along the property frontages shall be removed and replaced. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 12. Street improvements shall be in accordance with City Standards. All missing street improvements (82' of gutter) shall be constructed. 13. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 14. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 15. The parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 16. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 17. Separate water and sewer laterals shall be provided to each parcel. 18. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 19. The creation of an easement for ingress and egress to and from parcel 2 and 3 across parcel 1 from 2nd Street will be required. The easement shall be created on the final map. 20. The final map shall be recorded prior to issuance of any building permit. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 5 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 25. Residential fire sprinkler systems will be required for each new building on Lots 2 and 3. 26. Before this Tentative Parcel Map / Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Parcel Map / Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Parcel Map / Zone Variance 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. 27. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 28. All chain link fencing shall be removed. Any new perimeter fencing shall consist of wood or wood/block combination. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this resolution shall become effective and final upon adoption, unless appealed pursuant to Section 17.04.050 of the Subdivision Ordinance of the City of National City CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 15, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz. NAYS: ABSENT: ABSTAIN: CHAIRWOMAN PROJECT LOCATION Tentative Parcel Map For The Division Of An Approximately 21,642 sq. ft. Property At 835 E. 2nd St. and Variance for Driveway Width &Wall Height LOCATION MAP 100 200 Feet LS-2006-2 / Z-2006-2 NATIONAL CITY PLANNING DRN. DATE: 05/02/06 INITIAL HEARING: 05/15/06 Site Photographs — 835 E. 2nd Street (LS-2006-2/Z-2006-2) Figure I: Looking across E. 2nd Street north to subject property Figure 2: Driveway entrance requiring Variance for 15' width Site Photographs — 835 E. 2nd Street (continued) (LS-2006-2/Z-2006-2) Figure 3: Looking south toward proposed driveway from center of subject property Figure 4: Looking north from driveway entrance at proposed Lots 2 and 3 of subject property Site Photographs - 835 E. 2nd Street (continued) (LS-2006-2/Z-2006-2) Figure 5: Looking south at existing house from northern property line Figure 6: Adjacent property fronting Highland Avenue; looking east toward subject property beyond NATIONAL CITY PLAN, DEPT. EXHIBIT A CASE FILE NO: LS-2006-2/l.2006-2 DATE: 4/10/2006 YICNIrr YAP (Ao s04E) MUENN: PROPERTY UNE EXISTING LOT UNE EXISTING EASEMENT EXISTING CONTOUR UNE. EXISTING SEWER MANHOLE EXISTING SEWER LINE EXISTING WATER LINE EXISTING GAS UNE EXISTING CURB EXISTING CHAIN LINK FENCE EXISTING 'WOODEN FENCE EXISTING TREE PROPOSED RETAINING WALL. PROPOSED GRASSY SCALE FLOW PROPOSED CONTOUR UNE. TENTATIVE PARCEL JL4P \ \ 19W Q MH W GAS PROJECT N01T.0 T. PROPOSED SPRINKLED ARE SYSTEM FOR THE PROPOSED ROUSES PARCEL 2 K 3. 2- VARIANCE 18' MINIMUM DRIVEWAY REDUCED TO 15' AND COMBINED WALL HEIGHTS 10'. 3. O(CEPRON TO STREET LOT FRONTAGE FOR PARCELS 2 IMAMS FRONT, 15' SIDE: 5' REAR. 5' EXISTING AC PAVING (-EXISTING5' SIDEWALK TYPICAL SICTION END STREET NOT TO SCALE iT Q EXISTING CURB 30 6o ( IN FEET ) 1 inch .3O It. GRAPHIC SCALE 910 0 10 5 ss 3 VJo..,,e4.. }I,• 4.1 vuxa ,A.kN 41 Ri / 156 \ \ 11 \ N�X _ /HN a 1 s -SS . 1 aP es.f 6 \ 10w TILL Po,�, F E \ 2 \ Ex. ,\ i' G01 311 N E'• PEFywLO >jelL DESCR677oN : THE EASTERLY 70 FEET OF THE WLSItHLY 264 FEET OF THE SOUTHERLY ILALF OF 20 ACRE LOT 1 IN QUARTER SECTION 131 OF RANCHO DE LA NAOION, IN THE CNY OF NATIONAL CITY. COUNTY OF 51N DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF No. 166. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11. 1869. p$$L3QR'S PARCEL N0 556-D86-19-00 MT ADDRESS : 835 E 2140 51. ��1INNA1:ID�IIONAL CITY, CA 91950 • EXISTING RESIDENTML PROPOSED : RESIDENTAL COSTING : RS-3-PD PROPOSED : RS-3-PD jJQp USE DESIGNATION: EXI5RNG : RESIDENTAL PROPOSED : RESIDENTIAL THE 70P OF STROM DRAIN MANHOLE 0 SOUTH 10 FEET ,'•��, \ OF THE CENTER UNE OF THE 2ND STREET. AS PER 1DWG / 3617-0. ELEV.- 66.99 MSL 1\ ®\\\ 1\ W 4-1 \ •+p39 \ 11\\ 1 I•9E , \ — 'f .. T ' 1L $ 1.HT06 1 034 ityse F%118 y., �'L - CONTACT: KEVIN MILLER T`ON ' r.15 '•?? 5 Pp��p}::/ 881�19-��9��94-0032 ��p� AGE\. n CUT 50 CY ' n� 4'FILL 600 CY nwi +Aft IMPORT 550 CY :roPrrARAPHY : SURVEYED BY: VICTOR RODRIGUEZ-FERNANDEZ. LS 5335 ON OCTOBER 2005 mTAL NO. ON PARCELS PROP: 3 MCA 1 9642 7,,727 5,000 6,950 5,071 5,000 3 5,650 5,650 5,000 }VTOL 21,642 13448 j56A \ 1_-1� \ ��48 � l�FjIp \ \1 l 1 y:A"aye DERACA FAMILY 9A .. 835 E 2ND. STREET W NATIONAL CITY, CA 91950 �fA�G 1"I THESE OUANRTIES (')ARE FOR BONDING PURPOSES ONLY. PREPARED BY \\`I ENGINEER OF WORK: VICTOR RODRIGUEZ—FERNANDEZ 4901 MORENA BLVD., STE } 409 1 5A1 DIEGO, CA 92117 EXP. 9-30-07 1 \ PHONE (858) 967-5693 \ FAX: ( 8) 581-6136 L a VICTOR R.CE 36373 -FERIWIDEZ • • 04/96/2006 / L. SSEE pap 4 R aQ 1 ■ fi Ei '. 1 1 1 1 TYPICAL DOOR TYPES bm"'^g 000R NUMBER DOOR SCHEDULE a.Nam3a... o�•.m.mm• 0..,W4... . F •► • • •• 000l ry N..7 • • •• • •••..• ai.c' • ••• •• • x. • no .,.. • • •• • '4 11 Yw { e' 4 • •• •••••••• .a303 um Bo l • • • .......... 1 ". i a� • •• ..v .—' R .M.�. r'(I!S .m-.u.,.—: DOOR NUMBER 1 1 i 4a 7 E1 i { 1 1 • 7 1 1 3 i 1 ✓1 z 3 1 i Z O A 2 v C S1100NO3e 40 M3e110 9 8 0 5 A 4 • a 0 D in 11Nn 30VL00d 311vnos 9 m; RIM ss rt O 70 0 SI' P • -:r 22 c r • CABS TV CABS no 0 3 6' s , h . Sssse,„ 1-4 f li P i Y NAP! 1.+ .. ,,,,, - tArtilP ig s" !ifi 1 iFINIWIMPraPiii:1411 a9 i"s A ? "/.21, q £6?q q =". 1). - d sm�tF 9 /} '\\ ,, FLOOR PRELIMINARY PLAN VICTOR RODRIGVEZ FERNANDEZ, P.E. LAND DEVELOPING'6!%45 4901 Moreno 61rd Ste. 409.leso, CA 92117 � 80�`. .�. 1 St. FLOOR Phone (858) 967-5693 Foe.581-6138 , li.r LL'f- E. DM (©) !'�i ii 1;14 --- II yMMIIMII . / I/ I/wlwt;i rm suirim 1MN1iI,..II Mw11�IMlwlb■a ss�� ul MI s�s.lYYIsssaaaal Mw1!Mw/ M�s■iia�l_. , o Ilnla:saas HI M MMM1 �.irr-211r --- _€eewa=11R."r-0+IIU_i arm r-a 111�71�1✓�rr�eii i r714� 1g image I4u Ede a-eacsasre3s il= _sins:• _..0 O/I, ,- 11eC•.i� _i7G111 ri tlafir iii�� apt amass 6 1 e. -c 91li li�li 4;1 as aNN 2,2- i:3=ei _ .■I.,,f - __.+ I III! i'__.• gfibiffamiwpaft 11-II/111:22 •..Cnr11" ssq i — �nwanrn •I I I PAIUM= NIViwlrnrn Sat aatle��ii�lYl1i11 OHM non rnirl�frn N 11 r11rIMir11 a eavain osmium BUM i lri wsiiu ••e7ramern11 rlrlvllrnrl u1n1 IV/M I,1t9n/l / ;-Herr CIr111�111 r/rsiorswrl 1 • ,.. nsa_=�: PRELIMINARY FLOORPLAN VICTOR RODRIGUEZ-FERNANDEZ, P.E. M LAND DEVELOPING 4901 Morena Ord56St9 M9. Db+o, 6CA 92117 Phone (B5e) 967-93 Fa 581-38 1 ""'" .. t 1.. -a- ;' _ 2nd. FLOOR E. 2ND T e FRONT ELEVATION. EXTERIOR FINISH - RL PUf la. 103e ./ ]]0 fur TCR 1/Z. 04 4,FIX0. 9(A1( C O PTE CARAT.. MP. 14W00-1, xto. PRONG /5 6 -CYTPoCR MCI. ]QOI C .L6. '1 O STwE Y-!5. COLOR L.M051FE Wu n.. CN( ]4i -CY1t STUCCO / @.]M . 3 O SME ]-5].. MOI yAMJ M•M BA¢ OMM 2. 0 -I r.+r cXR&.c tu. swo caw REAR ELEVATION. RIGHT ELEVATION. 0 LEFT ELEVATION. SCRFI I/4 . r _p NNISIOS 60 ve. 1.1 'A.M.', IPA, 'NA FR S AVRIAD BY TEmoo r.Wrr moo no 93.001 MO E. Ton% AraRs (51m sw) UUfai0..0 VwtT t16 VOk 0111311110 MU1Y SIIVCRA6 01.EY101113.3) 10 FEET N1i1HC110115 M911112IPc 0.4111 LB. 6 n0 MEE", 10 nR OTTAi6 A IQI FIST 10 FEET Dp•1111. Of RUC mRo — 111171.11.1335 POla 011. a -Do r_. 4�KYW 3V016 014131ga 1.10.1.331011 icWt 1713 SEIM MC .03L0 IIDLK no a wor 11s rRactbm mw16PFM M11.0 N Ir/FY / I4RN' IS.'" E. 835 2TH. STREET PRELIMINARY LANDSCAPING IX. VAN mmm7 AP r--+.1Lwll..'.j--I i A' 1I•)k')Y / 16R4I �r.:a 11116l-.1�M111 (tirk,A Q. WINg 0 M CPAP70C SCAB m' ( 0! 7Qf ) 1Inobn 10 It IIIIg111111111 Ililll IIIIIIIII MlPlflp BY '- _ RSMSIQ-FVbI/JIRZ 1�) (sy�n�)Dpegm�y�)} cq�J�y Pnuw RN? 9DI :SB rAr F 191 04/00N3 N010R 1100116K4ifmul0Ei DAR PS W)l. EaP. 9/30/007 BILISCLAMISE WS Z.i00,0* kPoo. wooCfl, fR >hm ao SSRET k 1WI/Nl M11N Do. SMI Ton Pao _I__W POUOIOv'IaFRMi PLMI 091. VICIVie RODRrccria- it maz j - CIVIL ZSIW Nd671 C LAND. R VRFl701t. m IX • W/09/09 arm ...Oa *to OW O. M.A.. *MVO (NW 4.7-01.131'A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 70, 7006 AGENDA ITEM NO. 37 ITEM TITLE Report — Update on "52 Acres" joint planning process with the Port of San Diego. PREPARED BY Patricia Beard Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION After discussions between National City ("City") and Port of San Diego ("Port") staffs, on December 6, 2005 the Port Commission directed its staff to work with representatives from the City and stakeholders to explore the feasibility of issuing a Request for Qualifications ("RFQ") to develop 52 acres of land east of Tidelands Avenue. The direction, in agreement with National City staff, included ensuring: • Protection of Maritime uses • Enhancement of the Working Waterfront Group effort • Environmental compliance • Building of public amenities/visitor serving development compatible with the Marina, Marina Gateway and Aquatic Center projects • Demonstration of a financial benefit to the Port and City • Public participation with the City (continued on attached sheet) Environmental Review Not applicable Financial Statement Preparing and managing a survey would not exceed $15,000. Circulation (insertion in other mailing or separate mailing) has not yet been identified and would be an additional expense. Account No 900807 STAFF RECOMMENDATION Accept and file the report. BOARD / COMMISSION RECOMMENDATION Not applicable ' ,ATTACHMENTS 1. Background Report 2. Parcel Map — showing "52 acre" property 3. Harbor District Specific Plan showing "52 acre" property Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT Earlier this year, Port and City staff held three meetings with a stakeholder group representing the, Port, Working Waterfront Group, Port Tenants Association, Environmental Health Coalition and City to evaluate a potential RFQ process. The stakeholder group identified several steps they felt were needed prior to issuance of a development RFQ and agreed to the following process: 2 months Market and public/stakeholder information: • Port develops scope of work for Maritime Business Plan consultant in coordination with National City • City develops public and stakeholder outreach plan in coordination with Port 3 months Port and City conduct market and public/stakeholder processes 4 months A stakeholder group is established and the role of the group is defined 6 months Stakeholder Group, Port and City review market and public/stakeholder reports 8 months A recommendation about land uses and an RFQ process are formulated by the Port, City and stakeholder group Further time line depends on the results of efforts to this point and City Council direction to staff In order to accomplish the public and stakeholder outreach agreed to between the City and Port, staff proposes to retain University of California at San Diego ("UCSD") to prepare a written survey that would be circulated to every household in National City. The purpose of the questionnaire would be to determine the community's opinions about land uses for the "52 acres". The survey process would be conducted as follows: ■ City staff and UCSD to define parameters and outline survey topics • Solicit input during community stakeholder meetings representing various sectors of the community (for example, Chamber of Commerce, Neighborhood Council representatives, the Port etc.) ■ Develop survey questionnaire for City review ■ Revise and finalize questionnaire • Provide accommodation for Spanish and Tagalog translation ■ Survey printed and mailed (possible insertion with other citywide mailing) • Results tallied and summary report prepared • Results presented to City and Port officials Results of the survey would be due in early autumn, when they will be reviewed and presented to the City Council. e CHANGES HALEr 1-800=345-7334 2 61 :werarm or*slit 06 Avg BLK 232' rcr q 0 414IG wH a:a room \VW1 swotsswasa..ct�a,CBAY AVE.)X'' nAvE. e. INTERSTATE 5 3S SR 2 Attachment 2 559-16 . ® 1".zoo• pt1 4 ais, SHT.S N3p;73333 1 1 1 1 1 1 1 1 1 1 1 1 Historic Depot Ae...ht.s" 12 uni..0•11.0 r no . -. . , j '• • i r ! 6 • 1., ....• . i 1. 1 ,.. li P.I.,..., . . ..:1;:...1 4 1.. . • '.-- j . 4 .2'3rd .0 Street, i(--- .• I I -.- : I - ct Attachment 3 Limit of Plan Area • Paradise Marsh Unit of Sweetwater Marsh National Wildlife Refuge (Not Under National City Coastal Development Permit Authority) Refuge Boundary SDG&E Transmission Towers Access Bridge Railroad Bridge Figure 1.3 an Area and Subareas NATIONAL CITY HARBOR DISTRICT LCP - SPECIFIC AREA PLAN 1 3 ,ior 4I I0TIONAL • CITY *TRANSIT 11I plpl Technology I #38 6/20/06 et MONTHLY REPORT RECEIVED JUN 0 6 2006 JUNE-06 NCT is continuing to work toward placement of Real Time video cameras along a NCT bus route and our project 'ur'ill tie into the NCPD Communication Center for direct viewing. Installation of a probable foi r (44)-camera system at a bus stop location yet to be determined is anticipated sometime in 2006. NCT is evah:u; iktiug the capability for Automatic Vehicle locators (AVL) and Transit TV to be installed on our vehic Hrs. NWT is also in the process of updating our GFI farebox and computer software with NCT/MTS (:'II P funds that will allow better collecting, security and analysis of fare and ridership data. PERFORMANCE ; DIVIDENDS MONTH Ridership: Passenge:n per nii. Passenger' per hr. Revenue 'riles: Revenue :IH[ou rs: Fare Box reel very (revenue vs. expense) ** Data delayed due to submission dates PERFORMANCE'I DIVIDENDS MONTH Road Calls . Preventable. Accidents Ramp deployments Our on -tits e. performance Customer Complaints Customer Compliments MAY-05 141,825 3.68 41.69 38.536 3,402 44.6% MAY-05 04 0 552 92.5% 01 0 APRIL-06 131,494 3.40 38.9 38,722 3,376 33.7% APRIL-06 02 0 499 96.1% 01 0 MAY-06 145,270 3.67 41.9 39,539 3,471 N/A** MAY-06 0 0 597 88.3% 01 0 Maintenance: NCT vehicles used 1.2„963 gallons of low sulfur diesel fuel in May. The average price per gallon was approximately $2, fi19 compared to $2.34 in April. NCT maintenance: personnel performed 15 Preventative Maintenance Inspections (PMI's) and made 80 ninor repairs consisting of lighting, inserts, brake adjustments, air lines, and kneeler heights. We also _nade 4 major repa:]rs consisting of A/C units, replaced air bags, air dryers and tire balance bags to our ""fleet vehicles in April. 522 West llth St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 1 • :'SITS-COA NCT is currently working very closely with MTS staff to coordinate NCT-COA route changes scheduled for January 2007. This most likely will mean an increase in drivers, staff and Revenue vehicles. We also expect to be taking a very pro active role in distributing information (see attachments) to our community to make the new routes and changes go as smoothly as possible. Due to the complexity of this restructuring, a phased implementation is appropriate to ensure that implementation is manageable and rider confusion is minimized Attachment "A" of this report outlines the MTS route changes for each phase of implementation and attachment "B" is a map for COA implementation phasing currently scheduled for June 11, 2006, September 3, 2006 and January 2007. More information is available on line at IN ww.sdcommute.com STAFF TRAINING: On May 15`h all NCT supervisory personnel including myself attended Drug and Alcohol testing program training that is required under both Federal and State regulations. In addition two NCT supervisors completed the Terminal and B.I.T inspection workshop as part of this seminar. This training was conducted by Capt. Ralph S. Limon Ret., a 33yr. veteran of the California Highway Patrol. NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. CT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Chamber Executive Board as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and safety camera/ procedures and policies committees and have accepted a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. Such participation includes using NCT ridership development concession style trailers at various local events to distribute NCT-MTS system information and other community related messages and flyers. NCT is willing to evaluate and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. Submitted: June 6, 2006 r Z L! ohn P. Webster Sr. Vice President -General Manager National City Transit 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■ Dec-05 ■ Jan-06 ❑ Feb-06 ❑ Mar-06 ■ Apr-06 ■ May-06 Route 1 A 5/105 6 7 8/9 10L(908) 11 13 14 15/15L 16 18(85) 20 25 26 27 28 30 31 34 35 40 41 44 48/49 50 70 Att. A, Al 45, 5/25/06, ADM 121.10 COA SERVICE IMPLEMENTATION PHASING Jun-06 (Non-COA) - Detour to Amaya Station - Routing change (North of Downtown Only) - Routing change - Routing change - Frequency change - Transfer route to SDTC (Non-COA) - Detour to Amaya Station (North of Downtown Only) - Discontinue route - Routing change - Frequency change - Transfer route to MCS - Discontinue route - Routing change - Transfer route to MCS (South of UCSD) - Routing change - Frequency change - Discontinue route - Routing change - Transfer route to MCS - Discontinue route - Discontinue route Sep-06 - Routing change - Frequency change (East of Downtown Only) - Routing change - Frequency change Routing change Frequency change - Routing change - Frequency change Jan-07 Minor schedule changes - Routing change - Frequency change - Minor schedule changes - Routing change (North of Euclid Station Only) (South of Euclid Station Only) - Routing change - Routing change - Frequency change - Frequency change - Routing change - Frequency change - Routing change - Frequency change (East of Downtown Only) - Discontinue route Routing change - New route - Minor schedule changes =Transfer route to MCS (East of UCSD) - Routing change - Frequency change ;Routing change - Routing change - Frequency change - Routing change - Frequency change - New route - Routing change - Frequency change A-1 Route 83 89 115 120L(old 25) 150 210 601 602 603 604 605 701 702 703 704 705 706 706A 707 709 711 712 713 Jun-06 - New route - Routing change 810 815 816 820 830 - Discontinue route 832(87) - Frequency change 833(81) - Frequency change 834(86) - Schedule change 844 845 848 850 851 854 858 860 864 870 871/872 873 874/875 Sep-06 - New route - Routing change - Transfer route to MCS - Routing change - Frequency change - Routing change - Frequency change iNrotti, Routing change - Frequency change - Routing change - Frequency change - Discontinue route - Discontinue route - Discontinue route - New route - New route fl - Routing change - Frequency change - New route - Routing change r - Routing change - Routing change - Discontinue route Routing change Routing change - Routing change - Discontinue route - Routing change - Routing change - Minor schedule changes - Routing change - Discontinue route - Routing change - New route -A-2 Route Jun-06 876 - Discontinue route 877 - Discontinue route 878(81) 904 901(2/3) 916/917 921 923+922 927(84) 933/934 936 955 960 961 962 963 - Routing change - Routing change -Frequency change Sep-06 - Routing change - Frequency change - New route - Routing change - Schedule change - Routing change - Routing change - Freq.uency change - Routing change - Frequency change 964 7E� c - Routing change 965 -Routing change 966 'k ' z - New route 980/990 992 - Routing change Jan-07 - New route - Minor schedule changes - Routing change - Routing change - Minor schedule changes - Routing change - Routing change - Routing change Discontinue route A-3 Att. B, Al 45, 5/25/06, ADM 121.10 COA Implementation Phasing co Nuevas rutas y cambios en el sistema de autobus a partir del 11 de junio El 11 de junio de 2006 comenzara una serie de cambios que modificara y mejorara la red de rutas de autobus del Metropolitan Transit System (MTS). Se implementaran mas cambios en septiembre de 2006 y enero de 2007. Se mejoraran las rutas existentes, se inauguraran nuevos servicios hacia la playa y el centro, y se introduciran mejores conexiones entre las distintas rutas de autobus y entre las rutas del trolley. Para obtener mas informacion acerca de los cambios que se produciran en junio, disponga de los siguientes medios: • Folletos Tome lino A fines de mayo, se colocara una lista completa de todos los cambios de junio en todos los autobuses y trolleys. • www.sdcommute.com Aqui puede imprimir los mapas de rutas o horarios y planear su viaje por internet. • 1-800-COMMUTE Si llama al 1-800-commute, uno de nuestros calificados representantes responders a todas sus preguntas sobre rutas, destinos y servicios alternativos. • Limas automaticas.de InfoExpress las 24 horas. Toda la informacion, ruta por ruta, se encuentra disponible en los telefonos 1-800-266-6883 6 619-685-4900 • Puestos de informacion del Transit Center Representantes de MTS estaran disponibles las seguientes fechas en los centros de transito indicados para dar mas informacion. 1° de junto 8 de junio 9 de junio - 3 p.m. a 6 p.m., 12th & Imperial Transit Center - 3 p.m. a 6 p.m., Old Town Transit Center (estacionamiento de autobuses del lado oeste) - 3 p.m. a 6 p.m., Santee Transit Center (estacionamiento de autobuses) Bagong ruta ng bus magsisimula sa ika-11 ng Hunyo Ang una sa mga sunod-sunod na pagbabago at pagpapahusay sa ruta ng mga bus ng Metropolitan Transit System (MTS) ay magsisimula sa ika-11 ng Hunyo 2006. Mga karagdagang pagbabago ay mangyayari sa Setyembre 2006 at Enero 2007. Ang kasalukuyang umiiral na mga ruta ay paghuhusayin, mga bagong serbisyo sa beach at downtown ay ibubunsod at mas mabuting koneksyon na mag-uugnay sa ruta ng bus at troli ay sisimulan. May iba't ibang paraan para malaman ang mga pagbabagong gagawin sa Hunyo: • Take One Notices Kumpletong Iistahan ng pagbabagong gagawin sa Hunyo ay ipapaskil sa mga bus at troli sa katapusan ng buwan ng Mayo. • www.sdcommute.com Makakuha ang mapa ng mga ruta at piano ng biyahe sa Internet. • 1-800-COMMUTE Tatawagan ang numerong ito tungkol sa mga tanong sa ruta, kung saan papunta at iba pang serbisyo. • 24-oras na Iinya ng Automated InfoExpress Ang mga impormasyon ukol sa mga ruta ay pueding makuha sa pamamagitan ng pagtawag sa 619-685-4900. • Istasyon ng Sentro ng Impormasyon ukol sa sistema ng mga sasakyang pampubliko (Transit Center Information) Inaanyayaha naming kayo samahan ang MTS sa isang mga espesyal na istasyon ng Transit Center information para matugunan ang Iahat ng inyong mga tanong: Sa ika 1 ng Hunyo, 3-6 ng gabi, sa kanto ng 12th & Imperial, San Diego Sa ika 8 ng Hunyo, 3-6 ng gabi, sa Old Town Transit Center (kanlurang bahaging hintuan ng bus) Sa ika 9 ng Hunyo, 3-6 ng gabi, sa Santee Transit Center (hintuan ng bus) ALPH ,] R. Mn` e Miracles Nap Pe„� ITEM #39 6/20/06 NATIONAL CITY PROGRESS REPORT April 2006 - May 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 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. 04-05-06 - cleaning of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • CDC Building, • Toy's R Us, • A-1 Alloy's, • Highland Car Wash, • 222 Plaza, • Cozines Liquor 04-17-06 - 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, 04-18-06 - 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 R Us, • Civic Center & Cleveland, • Plaza & Euclid, • Jimmy's Restaurant, • Sunny's Donuts, 04-26-06 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • 30th and 2nd — Sweetwater Authority, 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 8.65 net tons of homeless camps, trash and debris. We have trimmed and skirted 1 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 one 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. Community Projects Manager City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 40 MEETING DATE June 20, 2006 AGENDA ITEM NO. i;EM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO\ THE PERIOD OF 05/05/06 THROUGH 05/24/06 OF $2,218,895 Jeanette Ladrido, CPA PREPARED BY 619-336-4251 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 05/05/06 THROUGH 05/24/06 amount to $2,218,895. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. i, Ratification of Expenditures for the period 05/05/06 through 05/24/06 A-200 (9/80) Pa ee CDC COUNTY OF SAN DIEGO MBIA MUNISERVICES COMPANY PORTILLO CONCRETE, INC. SAFDIE RABINES ARCHITECTS VALDES, EFRAIN AT SYSTEMS WEST, INC. BEST BEST & KRIEGER DE LAGE LANDEN FINANCIAL SVS EDAW, INC. ESTRADA LAND PLANNING NATIONAL CONSTRUCTION RENTALS SAFDIE RABINES ARCHITECTS THE STAR NEWS UNIDEV LLC. VERIZON WIRELESS CUYAMACA MEATS, INC ESTRADA LAND PLANNING FINANCIAL INDEMNITY COMPANY SAN DIEGO COUNTY TAX COI.LFCTOR SUTTER SECURITIES, INC THE BANK OF NEW YORK ALSCHULER GROSSMAN STEIN CITY OF NATIONAL CITY EMPLOYMENT DEVELOPMENT DEPT. GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES PITNEY BOWES CITY OF NATIONAL CITY CITY OF NATIONAL CITY CITY OF NATIONAL CITY PETTY CASH - CDC PORTILLO CONCRETE, INC. PROJECT DESIGN CONSULTANTS HOME VERONICA TAM & ASSOCIATES CDBG HILTON GARDEN INN MONTEBELLO COMMUNITY YOUTH ATHLETICS NUTRITION AIRGAS - WEST AT SYSTEMS WEST, INC. CALIFORNIA BAKING CO. JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION OFFICE SUPPLIES PLUS PACIFIC BELL/WORLDCOM PRO -EDGE KNIFE SAN DIEGO GAS & ELECTRIC SIERRA SPRINGS AIRGAS - WEST CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CULLIGAN WATER JOSEPH WEBB FOODS FOR MEETING OF JUNE 20, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 05/05/06.05/24/06 Descri tion ERAF PAYMENT FY '05406 INTERIM ADMINISTRATIVE CONSULTING CONSTRUCTION IN HIGHLAND AVE PHASE 1 ARCHITECTURAL SERVICE FOR AQUATIC CENTER RELOCATION ASSISTANCE FOR PACIFIC VIEW ARMORED CAR SERVICES FOR 05/2006 LEGAL SERVICES FOR REVOLUTION RI LEASE PAYMENT OF CANON COPIER PROF SERVICES FOR WESTSIDE SPEC PLAN PROF SERVICES FOR HIGHLAND AVE PHASE 1 FENCE RENTAL FOR DAYS INN SITE PROF SERVICES FOR NC AQUATIC CENTER PUBLIC NOTICE FOR CENTRO PROJECT PROF SERVICES FOR SR VILLAGE PROJECT TELEPHONE CHARGES FOR 04/2006 REIMBURSEMENT OF LAIF TO CUYAMACA MEATS PROFESSIONAL SERVICES FOR HIGHLAND AVE PHASE I NCNP AUTO INSURANCE 2005 PROPERTY TAXES FOR 500 E. PLAZA BLVD FINANCIAL ADVISORY SERVICES FOR CDC MERGE BANK CHARGES FOR INVESTMENT TRANSACTIONS LEGAL SERVICES -KEYSTONE TRAILER PARK ATTY SAL&BEN PPE 10/24/05,11/07/05,11/21/05 UNEMPLOYMENT INSURANCE FOR 1ST QTR YRO6 ENVIRONMENTAL CONSULTING -PACIFIC STEEL CIVIL ENGINEERING FOR VARIOUS PROJECTS POSTAGE METER SUPPI TES LEASE FOR POLICE BLDG FY 05-06 CITY COUNCIL SALARY & BENEFITS PPE 10/24, 11/7 & 11/21/05 CITY SERVICES FOR 11/2005 REPLENISHMENT OF PETTY CASH FUND CONSTRUCTION AT HIGHLAND AVE MEDIANS PROF SERVICES FOR NC BLVD STREETSCAPE SUBTOTAL - CDC: IDIS ASSISTANCE FOR 12/2005 SUBTOTAL - HOME: HOTEL ACCOMMODATION FOR L QUINTERO-CDBG TANG CDBG CLAIM FOR 05/06 FY 05-06 SUBTOTAL - CDBG: CONSUMABI FS AT NCNP ARMORED CAR SERVICES FOR 05/2006 FOOD FOR NCNP CONSUMABLES/FOOD FOR NCNP FOOD FOR NCNP NCNP OFFICE SUPPLIES FAX BILL FOR NCNP SHARPENING SERVICE AT NCNP NCNP UTILITIES THRU 04/18/2006 WATER FOR FEELING FIT CLUB FOR NCNP HELIUM FEES FOR NCNP FOR 04/06 FOOD FOR NCNP FOOD FOR NCNP NCNP WATER SOFTENER NCNP FOOD/CONSUMABLES Chk No Amount 16050 $698,473.99 16051 40,436.40 16052 61,534.80 16053 33,719.57 16054 35,095.00 16056 287.68 16057 5,473.50 16059 1,341.91 16060 3,279.03 16061 3,848.21 16065 483.85 16069 9,491.14 16072 248.56 16073 18,657.86 16074 375.18 16076 570,769.32 16077 18,311.66 16078 82.06 16079 266.32 16080 26,836.00 16081 4,012.10 16083 1,602.00 16086 16,489.78 16089 1,747.68 16090 1,165.00 16091 3,064.06 16097 448.25 16103 320,000.00 16104 38,225.33 16105 47,451.91 16106 153.47 16107 51,402.60 16108 36,229.83 $2,051,004.05 16075 $382.50 $382.50 16062 $268.94 16087 1,666.67 $1,935.61 16055 $109.13 16056 416.46 16058 213.55 16063 3,523.58 16064 547.90 16066 256.50 16067 160.06 16068 40.00 16070 1,638.61 16071 28.80 16082 19.50 16084 354.55 16085 3,606.03 16088 155.80 16092 4,701.11 1 Payee MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE OFFICE SUPPLIES PLUS PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE REEDS RESTAURANT EQUIP. SVC. SANCHEZ, MANUEI, SYSCO SAN DIEGO TR PRODUCE, INC HOUSING ASSISTANCE PAYMENTS CANO, ALICE DE LAGE LANDEN FINANCIAL SVS NATIONAL CITY COLLABORATIVE NATIONAL CREDIT REPORTING VERIZON WIRELESS CARAVANTES, SONIA CITY OF NATIONAL CITY EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE CITY OF NATIONAL CITY PAYROLL FOR MEETING OF JUNE 20, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 05/05/06 - 05/24/06 Description FOOD FOR NCNP NCNP LINEN SERVICE NCNP OFFICE SUPPLIES NCNP JANITORIAL SUPPI IFS NCNP SHARPENING SERVICE NCNP EQUIPMENT REPAIRS MILEAGE REIMBURSEMENT THROUGH 04/28/06 NCNP FOOD/CONSUMABLES FOOD FOR NCNP SUBTOTAL - NUTRITION: TOTAL - GENERAL FUND; MANUAL PAYMENTS MILEAGE REIMBURSEMENT FOR 03/06 - 04/06 LEASE PAYMENT OF CANON COPIER S8 HOUSING FSS PROGRAM FOR 04/2006 S8 BACKGROUND CHECK FOR APPLICANTS TELEPHONE CHARGES FOR 04/2006 REIMBURSEMENT FOR OFFICE SUPPLIES ATTORNEY SAL&BENEFITS PPE 10/24/05,1I/07/05,11/21/05 S8 CREDITBACKGROUND REPORT S8 ELECTRICITY CHARGES 04/06 CITY SERVICES FOR 11/2005 TOTAL - SECTION 8: PPE 04/25/2006 - 05/08/2006 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No 16093 16094 16095 16096 16098 16099 16100 16101 16102 Amount 661.35 125.64 189.49 2,622.52 40.00 668.86 49.84 3,734.46 280.17 $24,143.91 $2,077,466.07 $15,795.50 10208 23.49 10209 1,341.91 10210 4,233.33 10211 248.55 10212 223.14 10213 32.30 10214 4,656.34 10215 50.88 10216 256.23 10217 20,336.53 $47,198.20 $94,230.54 $94,23054 TOTAL OF ALL FUNDS: $2,218,894.81 2 Agreement between the Acevedo Group, Palm Plaza Associates, LLC, Commission of National City for a 1.07-acre parcel located at 1640 East BOARD / COMMISSION RECOMMENDATION ( ATTACHMENTS 1. Resolution [. 2. Letter from Acevedo Group 3. Assignment and Assumption Agreement City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE .Tune 20, 2006 AGENDA ITEM NO 41 ITEM TITLE Resolution approving an Assignment and Assumption Agreement between the Acevedo Group, Palm Plaza Associates, LLC, and the Community Development Commission of National City for a 1.07- acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20) and authorizing the Chairman to execute said Agreement. PREPARED BY DEPARTMENT Xavier Del Valle Community Development Commission Senior Project Manager EXPLANATION On January 10, 2006, the CDC and the Acevedo Group entered into an Exclusive Negotiation Agreement (ENA) for a 1.07-acre parcel located at 1640 East Plaza Boulevard (formerly known as the Days Inn site). The purpose of the ENA is to encourage the timely revitalization of the underutilized parcel, which is owned by the CDC. Since the ENA's approval, the Acevedo Grouphas partnered with the Planet Development Corporation and Desert Wells, LLC to prepare plans to develop a residential/commercial mixed use project for the subject parcel, as well as for a parcel they control just west of the location. As a result of this partnership, they have requested that the CDC assign the ENA to the subject property to their newly formed Palm Plaza Associates, LLC. The newly formed partnership is qualified and experienced, and has the financial capability to develop a mixed use project for the subject property. As result, staff recommends approval of the proposed Assignment and Assumption Agreement. Preliminary plans for development of the subject site are slated to be presented to the CDC Board in late July 2006. Environmental Review The proposed Agreement is exempt from CEQA review. Financial Statement A $25,000 deposit from the Developer has been received by the CDC to offset the costs associated with implementing the Agreement. STAFF RECOMMENDATION CDC adopt resolution approving an Assignment and Assumption and the Community Development Plaza Boulevard. Resolution No. J A-200 (9/80) i RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE CHAIRMAN TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN THE ACEVEDO GROUP, PALM PLAZA ASSOCIATES, LLC, AND THE COMMUNITY DEVELOPMENT COMMISSION FOR A 1.07-ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (APN# 557-410-20) WHEREAS, on January 10, 2006, the Community Development Commission of the City of National City (CDC) and the Acevedo Group entered into an Exclusive Negotiation Agreement (ENA) for a 1.07-acre parcel located at 1640 East Plaza Boulevard; and WHEREAS, since approval of the ENA, the Acevedo Group has partnered with the Planet Development Corporation and Desert Wells, LLC to prepare plans to develop a residential/commercial mixed use project for the subject parcel, as well as for a parcel the partnership controls just west of the location; and WHEREAS, as a result of their partnership, the Acevedo Group has requested that the CDC assign the ENA to the subject property to their newly formed Palm Plaza Associates, LLC; and WHEREAS, the newly formed partnership is qualified and experienced, and has the financial capability to develop a mixed use project for the subject property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Assignment and Assumption Agreement between the Acevedo Group, Palm Plaza Associates, LLC, and the CDC for a 1.07-acre parcel located at 1640 East Plaza Boulevard. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 20`h day of June 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel .e:Acevedo,,Oroup 23Sti Celebnent Road, Suite 200 alalgtfiA CA A1,rW4,,2006, •Mr. XaAer De4. Vane Pi*eot Monger Nat -Wig city c novetiv CgrroVission 12*Street Nat:nnal city, CA X-4-Vriert, According to olouseViterds.0 mutt) dt tba sipteit on 149-06 by and betwmitbc, ad The Aeoetio Grcnp, we would like to tortilitotd4d*p-drOtidit of Palirt 1.147.4 4saddiates, aCjunnctidniongseTboAdVetid 'Group,. iistiet Development Commtion Mar errOUP)4. and Desert Wells 2373 LI,CWitlt the purpose of developlitgibd Dr°P.Pitie4 known.a FiliPiTIO: Vill* (parcel numbers-557410-20, 557-411Q-21, and '557_ 41624in N, CA., Thereafter, we reoestto nesigniiaini Plaza Aseoelates ILC-10the AfOnOTENA. ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Agreement") is made and entered into this 20th day of June, 2006, by and between the Acevedo Group, a California corporation, hereinafter referred to as "Assignor," and Palm Plaza Associates, a California limited liability company, hereinafter referred to as "Assignee," and the Community Development Commission of the City of National City, a community development commission, hereinafter referred to as "CDC." RECITALS A. On January 10, 2006, Assignor entered into a written Exclusive Negotiation Agreement with CDC. B. Assignor wishes to assign to Assignee its rights and delegate its duties under the Exclusive Negotiation Agreement with CDC, hereinafter referred to as "the Agreement". Assignee is willing to accept and assume said assignment of rights and delegation of duties, and CDC is willing to consent to said assignment and delegation by Assignor, and to the acceptance and assumption of said assignment and delegation by Assignee, all subject to the terms and conditions set forth herein. NOW, THEREFORE, it is hereby agreed to the parties hereto as follows: 1. Assignor hereby assigns to Assignee all of its right, title and interest in and to the Agreement. By this assignment, Assignor further delegates to Assignee all of Assignor's duties and obligations of performance of the Agreement. 2. Assignee hereby accepts, assumes and agrees to perform all duties and obligations that Assignor has under the Agreement, as if Assignee had been an original party to the Agreement. 3. CDC hereby consents to the above assignment of rights and delegation of duties by Assignor, and to the acceptance and assumption of said assignment of rights and delegation of duties by Assignee. 4. This Assignment and each of its provisions shall be binding on and shall inure to the benefit of the respective heirs, devisees, legatees, executors, administrators, trustees, successors, and assigns of the parties to this Assignment. 5. This Assignment may be amended only by a writing signed by the parties hereto. 6. This Assignment shall be governed by and construed in accordance with the laws of California. 7. The parties have the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. All requisite action (corporate, trust, partnership or otherwise) has been taken by the parties in connection with the entering into this Agreement. No consent of any judicial or administrative body, governmental authority or other party, entity or person is required. The individuals executing this Agreement on behalf of the parties have the legal power, right, and actual authority to bind the parties to the terms and conditions hereof and thereof. This Agreement shall be a valid, legally binding obligation of and enforceable against the parties in accordance with its terms. 8. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 9. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Assignment and Delegation Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Nick Inzunza Chairman THE ACEVEDO GROUP, Assignor By: APPROVED AS TO FORM: PALM PLAZA ASSOCIATES, LLC Assignee By: By: George H. Eiser, III Legal Counsel By: June 2006 2 Assignment and Assumption Agreement CDC, The Acevedo Group, & Palm Plaza Associates, LLC City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 42 ITEM TITLE Public Hearing and Resolutions of the Community Development Commission (CDC) of National City determining and declaring the public interest and necessity for acquiring and authorizing condemnation and immediate possession of APN#s 555-114-11, 12, 13 (commercial property also referred to 1112-1146 National City Boulevard - used auto sales dealership and auto body paint shop.) and APN#s 555-114-03, 05, 07 (commercial property also referred to 21 W. 12th Street - meeting hall for the Fraternal Order of the Eagles) for redevelopment purposes, and authorizing condemnation proceedings by CDC counsel to acquire said property in a manner provided by law. PREPARED BY DEPARTMENT Xavier Del Valle, Senior Project Manager Community Development Commission EXPLANATION On July 19, 2005, the CDU and ARE Holdings, LLC entered into a Disposition and Development Agreement (DDA) for the Cove at San Diego Bay mixed use project. Pursuant to the DDA, the Developer may request that the CDC provide assistance in connection with the acquisition of any remaining parcels necessary to develop the project. Since the developer was unsuccessful in carrying out negotiations with property owners for the properties located at 1112- 1146 National City Boulevard and 21 W. 12th Street, they are requesting that the CDC acquire the properties either by negotiation or by consideration of eminent domain. Environmental Review The Final EIR for the National City Redevelopment Project was certified on June 20, 1995. However, tonight's action is not considered a Project as defined by CEQA. Additionally, this action is consistent with the Final. EIR for the National City Redevelopment Project. Financial Statement An independent appraisal determined that the Fair Market Value (FMV) of the real property located at 1112-1146 National City Boulevard as $2,730,000, and $880,000 for the real property located at 21 W. 12th Street. No deposit is required at this time for tonight's action. The acquisition amount for the subject properties shall be deposited with the Superior Court at the time an Order for Possession is sought. Pursuant to the adopted DDA, the developer shall bear all the costs incurred by the CDC for acquisition of remaining parcels through eminent domain. February 10, 2006, is the agreed upon date of valuation. STAFF RECOMMENDATION Adopt resolutions determining and declaring the public interest and necessity for acquiring and authorizing condemnation and immediate possession of APNs 555-114- 11, 12, 13 and APNs 555-114-03, 05, 07 for redevelopment purposes, and authorizing condemnation proceedings by counsel to acquire said property in a manner provided by law. A two-thirds vote of the Board is required. ATTACHMENTS Resolution No. 1. Offer Letters Exhibit A: Legal Description 2. Locater Map Exhibit B: Letters of Notice 3. Resolution A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT On July 19, 2005, the CDC and ARE Holdings, LLC ("Developer") entered into a Disposition and Development Agreement (DDA) for the Cove at San Diego Bay project, which is proposed on one block bound by National City Boulevard, Roosevelt Avenue, and l lth and 12th Streets within the downtown core. The proposed mixed use project shall consist of mid and high rise towers, and include approximately 219 residential units, 7,500-sf of commercial space, and 360 parking spaces. It is anticipated that the project will revitalize the downtown core by expanding local housing opportunities, and by providing much needed retail services and public parking within the area. Although the Developer has secured site control or ownership to four parcels, they have been unsuccessful in carrying out negotiations with property owners to the properties located at 1112- 1146 National City Boulevard and 21 W. 12th Street. As a result, the Developer has requested that the CDC acquire the properties either by negotiation or by consideration of eminent domain. The property located at 1112-1146 National City Boulevard is 32,688-sf and consists of a used auto sales dealership and auto body paint shop. The property located at 21 W. 12th Street consists of a 11,375-sf parcel upon which is located a meeting hall for the Fraternal Order of the Eagles. The National City Redevelopment Project, particularly the downtown core is dependent upon the acquisition of the subject properties in order to carry out the project. In a letter dated March 21, 2006, the CDC formally presented an offer to the Matchinske Family Trust to purchase the properties located at 1112-1146 National City Boulevard for the sum of $2,730,000. The CDC also sent an offer letter dated March 21, 2006 for the sum of $880,000 to the Fraternal Order of the Eagles for their property located at 21 W. 12th Street. The offers were based on an independent appraisal performed by Kent J. Carpenter, MAI. Since acquisition of the subject properties is necessary to carry out redevelopment within the downtown core, staff recommends that the CDC Board authorize the use of eminent domain by adopting a Resolution of Necessity. The adoption of the Resolution of Necessity at this time will allow the CDC to obtain timely possession of the necessary properties to proceed with the proj ect. Public Hearing In order to acquire real property for public purposes, pursuant to Government Code 7267.2, the CDC must make an offer to purchase the subject properties for an amount constituting just compensation. If an agreement for the voluntary purchase of the property cannot be reached, the CDC may notice and conduct a public hearing to consider whether to acquire the property by their power of eminent domain. At such hearing, pursuant to Civil Procedure Code Section 1240.030, the CDC must find and determine that: 1. The public interest and necessity require the project; 2. The project is planned or located in manner that will be the most compatible with the greatest public good and least private injury; 3. The properties sought to be acquired are necessary for the project; and 4. Offers• to purchase have been made to the record owners, together with a summary of the appraisals on which offers were based. Notice of Public Hearing By letter dated June 5, 2006, the CDC notified the property owners of a public hearing scheduled for Tuesday, June 20, 2006, at which time the CDC would consider adopting Resolutions of Necessity for acquisition of their properties. The letter informed the owners of their right to appear and address the CDC with regard to the CDC's right to acquire their property. Copies of the letters are attached for your reference. DETERMINATIONS TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF REAL PROPERTY IDENTIED AS ASSESSORS PARCELS NUMBER'S (APN'S) 555-114-11,12, 13 AND 555-114-03, 05, 07 1. Does the public interest and necessity require the project? It is anticipated that the Cove at San Diego Bay mixed use project will revitalize the downtown core by expanding local housing opportunities, and by providing much needed retail services and public parking to the area. The redevelopment of the downtown core is dependent upon the acquisition of the subject properties in order to carry out the project. The proposed action for condemnation includes the parcels located at 1112-1146 National City Boulevard and 21 W. 12th Street within the National City Redevelopment Project. The assemblage of property is consistent with furthering goals of the National City Redevelopment Plan by eliminating environmental, visual, and other blighting conditions that will improve the downtown core and the quality of life for area residents, property owners, tenants, and visitors. The project carries out the provisions of the Downtown Specific Plan. 2. Is the project planned or located in a manner that will be most compatible with the greatest public good and the least private injury? The Cove at San Diego Bay mixed use project shall consist of mid and high rise towers, and include approximately 219 residential units, 7,500-sf of commercial space, and 360 parking spaces, including public parking. The proposed action will remove incompatible and underutilized land uses that have caused poor air quality, contamination, and other blighting conditions within downtown core. The project shall remediate all adverse environmental conditions within the project site, and improve the area's public infrastructure and public facilities. The project shall also implement design and land use standards to assure high aesthetic design and environmental quality as well as integrity and compatibility with surrounding developments within the downtown core. The acquisition shall allow for the above improvements in a way that is most compatible with the greatest public good and the least private injury, consistent with the National City Redevelopment Plan, and Downtown Specific Plan. The affected property owners shall be compensated at Fair Market Value for their properties, and shall benefit from any relocation costs consistent with the California Relocation Assistance Law (Government Code Section 7260, et seq.). The Project is located within the larger National City Project area and is appropriately situated with no alternatives. 3. Is the property to be acquired necessary for the project? The properties to be acquired are necessary in order to develop the Cove at San Diego Bay mixed use project, which is proposed on one City block bound by National City Boulevard, Roosevelt Avenue, and 11th and 12th Streets within the downtown core. Additionally, the consolidation of the subject parcels is necessary in order to remove incompatible and underutilized land uses, and facilitate the environmental remediation and revitalization of the downtown core. 4. Has the offer for purchase required by Government Code Section 7267.2 been made to the owner of record? On March 21, 2006, in accordance with Government Code Section 7267.2, the CDC formally presented an offer to acquire the necessary property rights from APNs 555-114-11, 12, 13 (also referred to 1112-1146 National City Boulevard) to the property owner of record. On March 21, 2006, the CDC also formally presented an offer to acquire the necessary property rights from APNs 555-114-03, 05, 07 (also referred to 21 W. 12th Street) to the property owner of record. Both offers were based on an independent appraisal performed by Kent J. Carpenter, MAI. Appraisal Summary Statements were provided in accordance with California Eminent Domain Law. Public Benefits It is anticipated that the Cove at San Diego Bay mixed use project will revitalize the downtown core by expanding local housing opportunities, and by providing much needed retail services and public parking to the area. The condemnation and assemblage of the necessary parcels shall also provide the following benefits to the downtown core: • Eliminate blighting conditions, including visual, underutilized and incompatible land uses, deficient infrastructure and facilities, and other deficiencies in order to create a more favorable environment for compatible residential and commercial development; • Improve public facilities and public infrastructure; • Improve the health, safety, and welfare of the general public through the environmental remediation of hazardous and contaminating conditions; • Implement design and land use standards that assures high aesthetic design and environmental quality as well as integrity and compatibility with surrounding developments; • Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities; • Develop underutilized properties to accommodate high and better land uses; and • Increase the community's supply of housing. All statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the properties described herein have been complied with by the Community Development Commission (CDC) of National City. The property owners have the opportunity to address their concerns at the Public Hearing of Necessity held in conjunction with the consideration of this Resolution. The purpose of the Hearing is not to address the amount of compensation to be paid to the property owner. The adoption of the Resolution of Necessity will allow the CDC to initiate court proceedings to acquire possession of the necessary parcels for the project. Commencement of eminent domain proceedings will authorize the filing of complaints with the Superior Court. CDC legal counsel shall be utilized for the associated condemnation proceedings. LVll Le4J.b1.:11 j uu2 LAW OFFICES of DON DETISCH Attorneys at Law Donald W. Detisch Jackie Ni Mhairtin Heidi Spinali, Paralegal March 21, 2006 110 West A Street, Suite 750 San Diego, California 92101 Tel. (619) 515-1140 Fax(619)235-9100 e-mail: detischlaw?i shcalobal.n.et VIA CERTIFIED MAIL/FIRST CLASS MAIL/HAND DELIVERY Matchinske Family Partnership 11800 E. Calle De Coronado Tucson, AZ 85749 RE: 1112-1146 National City Blvd, National City, CA 91950 Dear Property Owner: The Community Development Commission of the City of National City has previously approved plans for the downtown National City redevelopment project. This project requires the acquisition of your property. Therefore, in exchange for fee title to the subject property, free and clear of any and all recorded or unrecorded adverse encumbrances or conditions, the Community Development Commission of the City of National City hereby offers to acquire your property located at 1112-1146 National City Blvd., National City, California 91950, for the sum of $2,730,000. This offer is subject to the Commission's approval at its sole discretion of the proposed price and of the acceptance of a deed to the property free and clear of all encumbrances. If this contingent offer is acceptable to you we will prepare the necessary documents for your execution and will open an escrow at your earliest convenience. The Commission's offer is the full amount determined to be just compensation for the property and is based upon an independent appraisal made of your property by Kent J. Carpenter, MAI. The basis for that determination is explained in the attached Information and Appraisal Summary Statement. It is the Commission's hope that this price is agreeable to you and that the acquisition can begin immediately. The Cornraission's special counsel, Donald W. Detisch, will work with you in the acquisition of your property and answer any questions you may have regarding this letter and the Information and Appraisal Summary Statements. Mr. Detisch can be contacted at (619) 515-11.40. S 03/21/2006 TUE 8:44 _[JOB NO. 7292) ()002 --- - - uuaa alyYl.i yll L1UUJ This offer is further subject to and conditioned upon acceptable soils conditions and the absence from the property of toxic or hazardous substances and any other kind of soil or water contamination, and to the grant of a right -of -entry to the Commission for the. purpose of conducting a soils, toxic and hazardous substances investigation of the subject property at Commissioner's expense. This offer may be subject to modification depending on the results of said investigation to the extent that the result of such investigation could have an impact on the value of the subject property. For your information, the Community Development Commission is a State Redevelopment Agency created by the City of National City to administer the National City Redevelopment Project. In that capacity, the Commission is authorized to make offers for acquisition of property on behalf of the Commission and to oversee the negotiation process as it pertains to your particular piece of property. In order to establish your eligibility or the eligibility of those occupying your property, for relocation purposes, it is requested that you acknowledge receipt of this offer by signing a copy of this letter and returning the same to Donald W. Detisch. Furthermore, by signing below, you are -acknowledging receipt of the appraisal summary statement, which is being provided to you with this offer. Your signature on the copy does not signify acceptance of this offer to settle the acquisition by the Commission, it only acknowledges receipt of the Commission's offer. Your cooperation in this matter will be greatly appreciated. Sincerely, Donald W. Detisch, Esq. Cc: clients Cc: Law Offices of Louis E. Goebel Cc: Arjay Smith I hereby acknowledge receipt of the following: 1. Offer Letter; 2. Appraisal Summary Statement and Information Dated: Signed: 03/21/2006 TUJE 8:44 _JJnyl Nn. 77g71 (Anon vx4 VG Y10 V13 L.AW OFFICES of DON DETISCH Donald W. Detisch Jackie Ni Mhairtin Heidi Spinali, Paralegal Attorneys at Law March 21, 2006 110 West A Street, Suite 750 San Diego, California 92101 Tel. (619) 515-1140 Fax (619) 235-9100 e-mail: detischlaw@sbcelobal.net VIA CERTIFIED MAIL/FIRST CLASS MAIL/HAND DELIVERY Fraternal Order of the Eagles Aerie 2712 1131 Roosevelt Avenue National City, CA 91950 RE: 21 W. 12th Street, National City, CA 91950 Dear Property Owner: The Community Development Commission of the City of National City has previously approved plans for the downtown National City redevelopment project. This project requires the acquisition of your property. Therefore, in exchange for fee title to the subject property, free and clear of any and all recorded or unrecorded adverse encumbrances or conditions, the Community Development Commission of the City of National City hereby offers to acquire your property located at 21 W. 12th Street, National City, California 91950, for the sum of $880,000. This offer is subject to the Commission's approval at its sole discretion of the proposed price and of the acceptance of a deed to the property free and clear of all encumbrances. If this contingent offer is acceptable to you we will prepare the necessary documents for your execution and will open an escrow at your earliest convenience. The Commission's offer is the full amount determined to be just compensation for the property and is based upon an independent appraisal made of your property by Kent J. Carpenter, MAI. The basis for that determination is explained in the attached Information and Appraisal Summary Statement. It is the Commission's hope that this price is agreeable to you and that the acquisition can begin immediately. The Commission's special counsel, Donald W. Detisch, will work with you in the acquisition of your property and answer any questions you may have regarding this letter and the Information and Appraisal Summary Statements. Mr. Detisch can be contacted at (619) 515-1140. This offer is further subject to and conditioned upon acceptable soils conditions and the absence from the property of toxic or hazardous substances and any other kind of 03/21/2006 TUE 8:44 _[JOB NO. 72921 0014 .. ... ra.. a.vV✓ 4.10..IY rah, Vla GJJil1VV von Le1-1SCri 1015 soil or water contamination, and to the grant of a right -of -entry to the Commission for the purpose of conducting a soils, toxic and hazardous substances investigation of the subject property at Commissioner's expense. This offer may be subject to modification depending on the results of said investigation to the extent that the result of such investigation could have an impact on the value of the subject property. For your information, the Community Development Commission is a State Redevelopment Agency created by the City of National City to administer the National City Redevelopment Project. In that capacity, the Commission is authorized to make offers for acquisition of property on behalf of the Commission and to oversee the negotiation process as it pertains to your particular piece of property. In order to establish your eligibility or the eligibility of those occupying your property, for relocation purposes, it is requested that you acknowledge receipt of this offer by signing a copy of this letter and returning the same to Donald W. Detisch. Furthermore, by signing below, you are acknowledging receipt of the appraisal summary statement, which is being provided to you with this offer. Your signature on the copy does not signify acceptance of this offer to settle the acquisition by the Commission, it only acknowledges receipt of the Commission's offer. Your cooperation in this matter will be greatly appreciated. cc: clients Sincerely, Donald W. Detisch, Esq. I hereby acknowledge receipt of the following: 1. Offer Letter; 2. Appraisal Summary Statement and Information Dated: Signed: 03/21/200A TITF. R dd -(:MR mn 79091 FAIni w Q• Fraternal Order of the Eagles Aerie 2712 21 W. 12th Street, National City APN# 555-114-03, 05, 07 cc w O O Locator Map - Resolution of Necessity June 20, 2006 -d )z 3 Z4 7 a-D8 (5-)9 /oo /O y zs rs /1 y � = z/ • cj ZO3 73 — /9 18040 /2 /4 /3 /oo STREET w z W NATIONAL /oo 348—NATIONAL CITY RE —FILED I lit //S / , (1__)2 3 1, ) 5 6 CD 7 ap ecs (5) 9 ti ti 3... /0 o 2 0 `4 22 //s ry z/(11 ) 20 /9 (1 ) /8 7(9_) / /6 :&) /5 /4 (,Z, "1 v /3 //. h cc 0 S (>> (Z) (3 ) Y a2 min e. 43-35 6 7 .3 =24 23 /9 ®4I /8`er /7(F4) // ,2 (1 ) 3 4 21 ® 2° ) (al If _ J /8(EL) // 7 Matchinske Family Partnership 1112-1146 National City Blvd., National City APN# 555-114-11, 12,13 3e • 3 30 Cs-) (4 ) 5 ©7 .e ZS 25 ry 22 ti 2 0(13 ). 24 Z3,9_ /8( (12 ROOSEVELT Bo 12 5 25 zs /9 /7 /5 /4 /3 /00 /00 / U—) 2 114 3 , — Cr-) 4 —�4 CS-) 5 STREET o° - 41 22 2/ ti 2°_cfr) 23' /� /8 r (4 ) 6 (5 ) 7 e 7 // (6� 9 /00 /0 rs / 70_) /6 STREET Locator Map - Resolution of Necessity June 20, 2006 w z W J 0 z /00. • 18-NATIONAL CITY RE -FILED RESOLUTION NO. 2006 — RESOLUTION OF NECESSITY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE THE REAL PROPERTY AT 1112-1146 NATIONAL CITY BOULEVARD, OWNED BY MATCHINSKE FAMILY PARTNERSHIP, BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES (APNS 555-114-11,12,13) WHEREAS, the City Council, by adoption of Ordinance No. 95-2095, on July 18, 1995, approved and adopted the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, said Redevelopment Plan provides for the acquisition of real property, if necessary by eminent domain, including the real property commonly known and denominated as 1112-1146 National City Boulevard, National City, California, more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Community Development Commission has served the owners of the real property located at 1112-1146 National City Boulevard with a Notice of Intent to Adopt a Resolution of Necessity to Acquire Real Property by Eminent Domain as required by California Code of Civil Procedure, Section 1245.235. A copy of the Notice is attached hereto as Exhibit "B"; and WHEREAS, pursuant to the above referenced Notice, the Commission held a hearing on June 20, 2006, in the City Council Chambers, 1243 National City Boulevard, National City, California, to consider acquiring the real property at 1112-1146 National City Boulevard by eminent domain for redevelopment purposes and provided all persons a reasonable opportunity to appear and be heard on the matters in Section 1240.030 of the California Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City, by a vote of two-thirds or more of its members, hereby finds, determines, declares and resolves as follows: 1. That the public interest, convenience and necessity require the proposed project. 2. That project is planned or located in a manner that will be most compatible with the greatest public good and least private injury. 3. The property to be acquired as described herein is necessary for the proposed project. 4. The offer required by Government Code Section 7267.2 together with the appraisal summary statement has been made to the owners of record which offer and appraisal summary statement was in a form and contained all of the disclosures required. (No evidence was presented contending that the appraisal summary statement was inadequate as a matter of law). Resolution No. 2006 — June 20, 2006 Page 2 5. The real property to be taken is generally described as 1112-1146 National City Boulevard., National City, California, and is more particularly described in Exhibit "A" attached hereto and made a part hereof which takes precedence over all other descriptions. 6. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property for the Project have been complied with by the Commission. 7. The Commission further finds and declares: a. The acquisition of the subject parcel is in conformity with the National City Redevelopment Project. b. The proposed acquisition for redevelopment of this site is planned in accordance with the National City Redevelopment Project and that the acquisition is necessary for the removal of blighting conditions and influences and to facilitate the redevelopment of property within the Project area. c. That said acquisition has been preceded by the review, adoption and certification of all appropriate environmental documents and reports. BE IT FURTHER RESOLVED, that the legal counsel for the Community Development Commission of the City of National City is hereby authorized and directed to commence such actions and proceedings of eminent domain in the Superior Court of the State of California, County of San Diego, as are necessary to acquire in fee, for the purpose and uses aforesaid, that certain real property commonly known as 1112-1146 National City Boulevard, which is situated in the City of National City, and within the County of San Diego, State of California. BE IT FURTHER RESOLVED, that the taking of said real property for redevelopment purposes, specifically for removal of blight and assemblage of properties, is authorized by Health and Safety Code Sections 33000, 330333, 333021, 33342, 33391, 33392, and 33691 and is a public use. BE IT FURTHER RESOLVED, that Sections 1240.010, 1240.110, 1240.21.0, 1240.510 and 1240.610 of the California Code of Civil Procedure and Sections 37350.5 of the Government Code permit the acquisition referenced herein. Resolution No. 2006 — June 20, 2006 Page 3 PASSED AND ADOPTED this 20th day of June 2006. ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Nick Inzunza, Chairman /3 Guarantee Number: 03207521 Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: Lots 13 to 17 inclusive, and the East 15 feet of Lot 12, Block 12, of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882. Parcel B: Lot 18 and Southeasterly Half of Lot 19 in Block 12 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882, the Northwesterly line of said Southeasterly Half being parallel with the dividing line between said Lots 18 and 19. Parcel C: The Northerly Half of lot 19, all of Lots 20, 21, 22, 23 and 24 in Block 12, of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882. Assessor's Parcel Number: 555-114-11, 12 and 13 CLTA Guarantee Form No. 1 Litigation Guarantee (Rev 12-16-93) Page 3 NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.235) To: Matchinske Family Partnership 11800 E. Calle De Coronado Tucson, AZ 85749 Pursuant to the provisions of the California Code of Civil Procedure, Section 1245.235, you have been identified as an owner of certain real property, or interest therein, consisting of the real property and improvements located at 1112-1146 National City Blvd., National City, California 91950 (Parcel Nos.555-114-11, 12,13), which is proposed to be acquired by the Community Development Commission of the City of National City for redevelopment purposes. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project only if the following conditions are established: a. The public interest and necessity require the project. b. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. c. The property sought to be acquired is necessary for the project. The Commission will also determine whether an offer was made pursuant to section 7267.2 of the government code. You are hereby notified it is the intent of the Community Development Commission of the City of National City, at a hearing to be held on June 20, 2006 at 6.00 pm in the City Council Chambers, 1243 National City Boulevard, National City, California 91950, to adopt a Resolution of Necessity to Community Development Commission of the City of National Page 1 of 2 EXHIBIT "B" 15 City to acquire your real property, or interest therein, for redevelopment purposes, by the exercise, of power of eminent domain, as authorized by Health and Safety Code Sections 33342 and 33391. You are further notified that if you file a written request to appear and be heard within fifteen (15) days of the mailing of this notice, you will have the right to appear and be heard concerning the above -quoted conditions set forth in California Code of Civil Procedure 1240.030 as they relate to the intent of the Community Development Commission of the City of National City to acquire your property. Failure to file a written request to appear and be heard by June 20, 2006, will result in a waiver of your right to appear and be heard. Your written request must actually be on file with the Executive Director of the Community Development Commission of the City of National City, as of the above -indicated filing date. Mere deposit of your request in the mail within this time limitation is not sufficient to avoid waiver. All such requests to appear and be heard must be filed with the Executive Director of the Community Development Commission of the City of National City, 1243 National City Boulevard, National City, California 91950. For your convenience, the Board of the Community Development Commission of the City of National City will consider any written comments you may wish to submit to it, pursuant to this notice in lieu of your personal appearance at the hearing. Dated: June ' 006 By: Chris Zapata, Exec t' e Director Page 2 of 2 EXHIBIT "B" RESOLUTION NO. 2006 — RESOLUTION OF NECESSITY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE THE REAL PROPERTY AT 21 WEST 12TH STREET OWNED BY FRATERNAL ORDER OF THE EAGLES AERIE 2712 BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES (APNS 555-114-03,05,07) WHEREAS, the City Council, by adoption of Ordinance No.95-2095, on July 18, 1995, approved and adopted the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, said Redevelopment Plan provides for the acquisition of real property, if necessary by eminent domain, including the real property commonly known and denominated as 21 West 12th Street, National City, California, more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Community Development Commission of the City of National City has served the owners of the real property located at 21 West 12t'' Street with a Notice of Intent to Adopt a Resolution of Necessity to Acquire Real Property by Eminent Domain as required by California Code of Civil Procedure, Section 1245.235. A copy of the Notice is attached hereto as Exhibit "B"; and WHEREAS, pursuant to the above referenced Notice, the Commission held a hearing on June 20, 2006, in the City Council Chambers, 1243 National City Boulevard, National City, California, to consider acquiring the real property at 21 West 12th Street by eminent domain, for redevelopment purposes and provided all persons a reasonable opportunity to appear and be heard on the matters in Section 1240.030 of the California Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED, that the CDC, by a vote of two-thirds or more of its members, hereby finds, determines, declares and resolves as follows: 1. That the public interest, convenience and necessity require the proposed project. 2. That project is planned or located in a manner that will be most compatible with the greatest public good and least private injury. 3. The property to be acquired as described herein is necessary for the proposed project. 4. The offer required by Government Code Section 7267.2 together with the appraisal summary statement has been made to the owners of record which offer and appraisal summary statement was in a form and contained all of the disclosures required. (No evidence was presented contending that the appraisal summary statement was inadequate as a matter of law). 5. The real property to be taken is generally described as 21 West 12th Street, National City, California, and is more particularly described in Exhibit "A" attached hereto and made a part hereof which takes precedence over all other descriptions. 17 Resolution No. 2006 — June 20, 2006 Page 2 6. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property for the Project have been complied with by the Commission. 7. The Commission further finds and declares: a. The acquisition of the subject parcel is in conformity with the National City Redevelopment Project. b. The proposed acquisition for redevelopment of this site is planned in accordance with the National City Redevelopment Project and that the acquisition is necessary for the removal of blighting conditions and influences and to facilitate the redevelopment of property within the Project area. c. That said acquisition has been preceded by the review, adoption and certification of all appropriate environmental documents and reports. BE IT FURTHER RESOLVED, that the legal counsel for the CDC is hereby authorized and directed to commence such actions and proceedings of eminent domain in the Superior Court of the State of California, County of San Diego, as are necessary to acquire in fee, for the purpose and uses aforesaid, that certain real property commonly known as 21 West 12th Street, which is situated in the City of National City, and within the County of San Diego, State of California. BE IT FURTHER RESOLVED, that the taking of said real property for redevelopment purposes, specifically for removal of blight and assemblage of properties, is authorized by Health and Safety Code Sections 33000, 330333, 333021, 33342, 33391, 33392 and 33691, and is a public use. BE IT FURTHER RESOLVED, that Sections 1240.010, 1240.110, 1240.210, 1240.510 and 1240.610 of the California Code of Civil Procedure, and Sections 37350.5 of the Government Code, permit the acquisition referenced herein. PASSED AND ADOPTED this 20t day of June 2006. ATTEST: Chris Zapata, Secretary Nick Inzunza, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Guarantee Number: 03207522 Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1: Lot 5 in Block 12 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882. Parcel 2: Lots 7 and 8 in Block 12, of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882. Parcel 3: Lot 11 and the West 10 feet of Lot 12, in Block 12, of National City, in the he City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882. Assessor's Parcel Number: 555-114-03, 555-114-05 and 555-114-07 CLTA Guarantee Form No. 1 Litigation Guarantee (Rev 12-16-93) Page 3 ig NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.235) To: Fraternal Order of the Eagles Aerie 2712 1131 Roosevelt Avenue National City, CA 91950 Pursuant to the provisions of the California Code of Civil Procedure Section 1245.235, you have been identified as an owner of certain real property, or interest therein, consisting of the real property and improvements located at 21 W. 12th Street,National City, California 91950 (Parcel Nos.555-114-03,05,07), which is proposed to be acquired by the Community Development Commission of the City of National City for redevelopment purposes. California Code of Civil Procedure Section 1240.0 0 provides that the power of eminent domain may be exercised to acquire property for a proposed project only if the following conditions are established: a. The public interest and necessity require the project. b. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. c. The property sought to be acquired is necessary for the project. The Commission will also determine whether an offer was made pursuant to section 7267.2 of the government code. You are hereby notified it is the intent of the Community Development Commission of the City of National City, at a hearing to be held on June 20, 2006 at 6.00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California 91950, to adopt a Resolution of Necessity to Community Development Commission of the City of National Page 1 of 2 EXHIBIT "B" City to acquire your real property, or interest therein, for redevelopment purposes, by the exercise of power of eminent domain, as authorized by Health and Safety Code Sections 33342 and 33391. You are further notified that if you file a written request to appear and be heard within fifteen (15) days of the mailing of this notice, you will have the right to appear and be heard concerning the above -quoted conditions set forth in California Code of Civil Procedure 1240.030 as they relate to the intent of the Community Development Commission of the City of National City to acquire your property. Failure to file a written request to appear and be heard by June 20, 2006, will result in a waiver of your right to appear and be heard. Your written request must actually be on file with the Executive Director of the Community Development Commission of the City of National City, as of the above -indicated filing date. Mere deposit of your request in the mail within this time limitation is not sufficient to avoid waiver. All such requests to appear and be heard must be filed with the Executive Director of the Community Development Commission of the City of National City, 1243 National City Boulevard, National City, California 91950. For your convenience, the Board of the Community Development Commission of the City of National City will consider any written comments you may wish to submit to it, pursuant to this notice in lieu of your personal appearance at the hearing. Dated: June 5 006 By: Chris Zapata, Execurector Page 2 of 2 EXHIBIT "B" CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 43 ITEM TITLE Public Hearing — Downtown Specific Plan Consistency Review for mixed -use development project, 'Park Lofts' Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street APN: 560-100-05, -06, -07, -08 Applicant: Willmark Communities, Inc. Case File No.: DSP-2006-1 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The project site is the block located south of the new City Library. The proposed development is a mixed -use project consisting of three buildings with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. The applicant proposes to develop the project as a condominium subdivision, but to retain and manage the property as market -rate rental units. The largest building consists of five levels above two levels of parking, with a building height of 65-feet. ENVIRONMENTAL REVIEW Consistency Review (DSP-2006-1) is consistent with the Downtown Specific Plan and adequately addressed in the program EIR for the Downtown Specific Plan FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Conduct the public hearing. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Exhibit (DSP-2006-1) Resolution No. A-200 (9/80) Attachment 1 BACKGROUND REPORT Subject Property The project site is the block located south of the new City Library. The site is 84,100 square feet in size (1.93 acres) and consists of four parcels that comprise the block on the east side of National City Boulevard between 15th Street and 16th Street, as well as the proposed vacation of the alley and south half of 15th Street. The site is adjacent to Kimball Park to the east. The site has 290-feet of frontage along National City Boulevard, along 15th Street, and along 16th Street. Existing businesses on the block include used car sales and automotive repair. The project site is located in Development Zone 13 of the Downtown Specific Plan. Proposed Development The proposed development is a mixed -use project consisting of three buildings with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. The applicant proposes to map and develop the project as a condominium subdivision, but to retain and manage the property as market -rate rental units. The largest building, Building A, would occupy two-thirds of the site and include all of the frontage along National City Boulevard and most of the frontage along 16th Street. This building would consist of 255 residential units (110 one -bedroom; 85 one -bedroom plus den; 60 two -bedroom) on five levels above two levels of parking, with a building height of 65-feet. Commercial lease area would be located along National City Boulevard and at the corner of 16th Street. One driveway entrance to the parking levels would be provided along 16th Street. The second-largest building, Building B, would be physically separated from Building A and would be located along the eastern project boundary adjacent to Kimball Park. This building would consist of 45 residential units (15 one -bedroom; 30 two -bedroom) on four levels with a building height of 40-feet. The smallest building, Building C, would consist of six two -bedroom units along the east side of Building A, above one garage level. Buildings B and C would be separated by a driveway with access to 16th Street. Project amenities would include a resident common area, a pool, and cabana. The applicant has proposed and would request that the alley within the project site and the southern half of 15th Street be vacated by the City for purposes of developing the project as proposed. The alley is 20-feet in width and 250-feet in length, and would add 5,000 square feet of developable area to the project. The 15th Street frontage along the project site is 290-feet, and is 40-feet wide south of the center line; the half -street vacation would add 11,600 square feet square feet to the project. The applicant has also proposes to develop the remaining 15th Street right-of-way (north of center line) as a pedestrian paseo from National City Boulevard to Kimball Park. Analysis The proposed development is consistent with the land use regulations of the Downtown Specific Plan. The project falls within Development Zone 13, which allows civic uses or mid -rise residential uses. The preferred land use for the zone includes "multi -family residential". The proposed project would achieve this land use objective. The proposed project is consistent with the development standards of Development Zone 13, which allows a maximum floor area ratio (FAR) of 4:1 and a maximum height of 75-feet. The project totals 283,679 square feet in floor area, which is an FAR of 3.37. The tallest building would have a maximum height of 65-feet. The parking requirement for the project is 334 spaces based on the unit mix (bedrooms) and the floor area of the commercial space; the project would provide 334 spaces. There are no specific design guidelines for Development Zone 13; however, the project is consistent with the general design guidelines of the specific plan. The proposed street and alley vacation would be appropriate since the project would occupy the entire block. An alley is intended to allow service access to multiple parcels, usually under separate ownership; however, the proposed project would not have a need for the alley since it would be a single, comprehensive development. This segment of 15th Street terminates at Kimball Park and does not provide vehicular access to any other public street or parking lot. In fact, 15-feet along the north side of 15th Street was previously vacated to the parcel to the north for the new City Library. The applicant's proposal to improve the remaining 25-feet along the north side of the street centerline as a pedestrian paseo would result in a significant public space amenity and connection to Kimball Park. As a condition of approval, the paseo would remain accessible to vehicles for maintenance and service of the park and library, as well as emergency access. Environmental Review The project, if approved based on the recommended findings, would be found consistent with the adopted Downtown Specific Plan. A Program Environmental Impact Report (EIR) was certified for the Downtown Specific Plan, and a Mitigation Monitoring and Reporting Program was adopted pursuant to the California Environmental Quality Act. The EIR is adequate environmental documentation for those projects that are consistent with the Specific Plan. The project would be subject to applicable mitigation measures. Fiscal Impact The subject property is located within the National City Redevelopment Project Area. Consequently, any improvement of the property would result in an increase in tax increment within the Project Area. The current assessed value of the subject property is approximately $930,000. The proposed project has an estimated value of approximately $85 million, which would result in over $560,000 in additional annual tax increment. Sales tax revenue would also be generated by the commercial component of the project. Development impact fees would result in $377,660 in permit fees based on the number of residential units and commercial square footage. Development impact fees are allocated to Parks and Recreation, Library, Fire/EMS, and Police facilities. In addition, if the project is annexed into the Morgan Square Property Based Improvement District, the residential component would be assessed an annual fee of $240 per residential unit, $73,440 annually, as well as annual fees for the commercial component. CDC OF NATI AL CITY JUN 2 0 2006 Exhibit bsP- 2006 • , tvr, • .$ }/0,44. 1 2 3 4 l 5 6 7 11 8 Li, 'VA010T';1 arO188 1 a1..7117rr4toGahaq0 1101G44• 1 1 ii 1...•04.11,ettpAy,,,,,,1:.,;:r4R,N. . IN:— • ::•"-t:4,x A• - 4r. VI •• •.e." ttteW• eV • .1 • VV•I• ,• • •.•;*5.7.4.." X.:•X ••• Air VA ititv MEI azin — CEO — AAtliA) (4) 61:k arc% i-46.0 Parking Structure : 2B5 Surface Por.g t 2 Private Garage 44 SITE DEVELOPMENT PLAN - LEVEL P1 Parking Summary Total Parking Lekel P1: 183 Total Parking Level 02: 151 Tote, On —Site Parking: 334 Parking Requirements 210 / 6 BR 0 1.0 e 210 96 / 2 BR 0 1.2 er 115 Residential Parking: 325 Commercial Lease Area 3.800 0 2.5/1000 - 9 Total Requked PorkI, 334 Total Parking Provided: 334 Development Summary Site Area 1 B4,100 31 A.A., 4.0 4 336.400 el Floor Area Leml PLevel P2 : 19,9 Level RI 54.635 ef I 922 al ARAI 02 1 54,635 Al Leve 44061 if Level 04 . Bfil et Level 05 44,86 Total GFA i 263.079 at Floor Areo Ratio 1 3.37 -E7DNATIONAL Cal I 1, LIBRARY KIMBALL P ARK SITE DEVELOPMENT PLAN - LEVEL P2 PP PR 150 SCALE CDC OF NATIONAL CITY JUN 2 0 2006 Exhibit 3)-SP-200C-,— I Paradise ONNIR 048 UJ UJ CC 1— C/3 CO R40y8.1.mm Architect .11.1141 FLOOR PLAN Daled lauei 02101406 02/07406 02/02/06 03/15108 1 BR : 125 1 BR D : 85 (M) 2 BR : 96 (31R) ATIONAL 49 48 47 46 45 i 44 18*61180 118i MR 0 101, #ai.v. si0j. DWELLING UNIT PLAN - LEVEL R1/R2 7 CDC OF NATIC L CITY JUN 2 0 2006 Exhibit -200G—) KIMBALL P ARK ATIONA 771 rs� CDC OF NATIONAL CITY JUN 2 0 2006 Exhibit MF` ZOO& Building B • . I 2 I 3 4, 5 1 6 I 7 8 1 9 1 10 I 11 ', %I. 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T— Water Table Level R2 Level Ili Dwelling Units Parking L vel P2 Dwelling Garage SITE CROSS SECTION B Level R5 Level R4 Level R3 Level RI Foundation Water Table Building B Building C Building A SITE CROSS SECTION A SC Ate Level R4 Level RI Building A Existing Grade kigt Dalum HZ Cahn National City Blvd Architect 810,0pGA1111. {12164.1 02/01 /06 02/07/00 02/00/06 03/15/06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT ,EETING DATES June 20, 2006 AGENDA ITEM NO. 44 liEM TITLE A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 0—Fs THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE FISCAL YEAR 2006-2007 PREPARED BY Jeanette Ladrido, 1 'A `'I DEPARTMENT Finance —CDC EXPLANATION Deputy Director of Fine ce On June 20, 2006, the Community Development Commission of the City of National City considered the preliminary budget for the Fiscal Year 2006-2007 as presented and recommended by the Executive Director. State law requires the budget be adopted before the start of the new fiscal year on July 1. With the adoption of this resolution, the CDC finance division will proceed with preparing the final budget document for distribution in August 2006. The action formally adopts the Budget for Fiscal Year 2006-2007. Environmental Review Financial Statement N/A ✓ N/A Account No. N/A STAFF RECOMMENDATION ADOPT the Community Development Commission of the City of National City Budget for the fiscal year 2006-2007. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. L A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2006-2007 FISCAL YEAR WHEREAS, on June 20, 2006, the Executive Director of the Community Development Commission of the City of National City submitted a recommended budget for the 2006-2007, which has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the budget for the fiscal year beginning July 1, 2006, with Community Development Commission expenditures totaling $34,223,310 is hereby approved, adopted and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in attached Exhibit "A" (Projected Expenditures Column) shall be the maximum expenditures authorized for those funds. The Executive Director is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to transfer monies up to the maximum set forth in the Transfers Column in Exhibit "A". BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City does hereby authorize and approve the number and classification of employees in the respective functions, departments and/or activities as set forth in the fiscal year 2006-2007 budget. PASSED AND ADOPTED this 20th day of June 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT .METING DATE5 June 20, 2006 AGENDA ITEM NO. 45 /ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION O\ THE CITY OF NATIONAL CITY ADOPTING THE MORGAN AND KIMBALL TOWERS -BUDGETS FOR THE FISCAL YEAR 2006-2007 PREPARED BY EXPLANATION Jeanette Larido, CPA See attached explanation. DEPARTMENT Finance —CDC Environmental Review ✓ N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION ADOPT the Morgan and Kimball Towers budgets for the fiscal year 2006-2007. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Kimball Tower Budget - (Page 1) 3. Morgan Tower Budget (Page 6) A-200 (9/80) Falkenberg, Gilliam- and Associates has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission. Historically, staff had incorporated these budgets with the overall Community Development Commission's annual budget. Because the Morgan and Kimball Towers operations do not have a direct financial impact on the Community Development Commission operations, staff has decided that these budgets should be presented and approved independently of the Community Development Commission's annual budget. Kimball Tower is a 151 unit complex located at 1317 D Avenue and is owned free and clear by the Community Development Commission. Close to 90% of the tenants in this tower receive rental subsidies from HUD through the Section 8 program. For the fiscal year ending June 30, 2007, the projected annual income is $877,901 and the total cost of operations total $684,756. Although this presents a net income of $193,145, the property management company plans to increase the replacement reserve account by $120,000 ($10,000 per month). Replacement reserves are funds that are restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. Currently, the year to date balance of the replacement reserve fund is approximately $864,441. After funding the reserve account with the additional $120,000, the net income of the Kimball Tower is estimated to be $73,145. Because of this surplus of funds, the management company does not recommend increases to the rent. The current rent per unit is $494. Morgan Tower is a 151 unit complex located at 1415 D Avenue. This building has a mortgage balance of $ 3,193,763 with 13 years remaining on the loan. For the fiscal year ending June 30, 2007, the projected annual income is $1,070,370 and total cost of operations total $872,347. Although this presents a net income of $198,023, this tower requires a mortgage principal payment of $158,005. In addition, Morgan Tower has a replacement reserve fund and, in accordance with HUD requirements, also has residual receipts income fund. After payment of the mortgage principal and a deposit to the residual receipts income fund, the net income of the Morgan Tower is $2,495. The year to date total of the replacement reserve and residual receipts income are $618,263 and $336,777 respectively. The management company is recommending a 4.5% rent increase, from $576 to $602, to be in effect October 2006. This proposed rental increase may affect six (6) of the residents. With this staff recommends adopting the Morgan and Kimball Towers budgets for the fiscal year 2006-2007. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) APPROVING THE KIMBALL AND MORGAN TOWERS BUDGETS FOR THE FISCAL YEAR 2006-2007 WHEREAS, the Community Development Commission of the City of National City (CDC) owns the Kimball and Morgan Towers; and WHEREAS, the Kimball Tower is owned free and clear, and the Morgan Tower has a 40-year fixed loan at an interest rate of 6.5% with 13 years outstanding; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company and is reviewed and approved by the CDC Board; and WHEREAS, the Kimball and Morgan Towers operations do not have a direct financial impact on CDC operations, and should be presented and approved independently of the CDC's annual budget; and WHEREAS, there is a projected surplus of funds for the Kimball Tower and no rent increase is recommended; and WHEREAS, a 4.5% rent increase for the Morgan Tower is recommended to cover the costs of increased utility expenses, special assessments, operating and maintenance costs; and WHEREAS, the budgets for the Kimball and Morgan Towers for the fiscal year ending 2006-2007 have been prepared and presented for CDC approval. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Kimball and Morgan Towers budgets for Fiscal Year 2006-2007; and the Chairman is hereby authorized to attest hereto. PASSED and ADOPTED this 20th day of June, 2006. ATTEST: Chris Zapata, Secretary Nick Inzunza, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 2 KIMBALL TOWER 2006-2007 BUDGET NOTES KIMBALL TOWER 2006-2007 BUDGET NOTES The,budgetlforkfisaal eauendit�g une;30�, 007 projects a �73,143 ^surplus andMhere%oreaziges:tnota�prgpose'�a rentsncreasc. " nr e0anna y O0.1 a71 �ncome�.eligft1etenants rec we pleiitalsnbsiaymn the 1prm Se tton �B t avtNaucher Y- •tibusn ,Aumonty4 !'ft he izty df *Ta%ona1 G'ity id thec'7:S Resi rent zf iotiMng c i7 ban„Deuelopmesit Ovotk age#herito�estdbhshw•currentmen'rsaen0.1uttlit aa7lo�anaes iResider a t O%Jf �.. i 4 r 1 Y. Y° }-d a H f v` m 'mt/�'yaiARt'M1M'1�,�1:W't i J 'i 1 - -ri lit r �IIA 4y�s4 �.P ''i`i .. .+ I ..r..F`? PLi F�'., i'..1, ;ir J.tef rF :,�. .�c,.. Ja •". ii �� i I �ir`�r: [L».r., 5120 Unit Type # Units Current Rents Utility Allowance Total Rents 1 Bedroom 151 $475 $19 $494 5220 VACANCIES/APARTMENTS - Budgeted at 3% of rents. 5410 INTEREST INCOME/PROJECT OPERATIONS - Budgeted per current experience. 5440 REPLACEMENT RESERVE INTEREST - Budgeted per current experience. This is a memo entry only; interest remains in reserve for replacement account and can not be used for operations. 5910 LAUNDRY AND VENDING - Budgeted per audit. 6250 OTHER RENTING EXPENSE - Budgeted per current expense plus 5% for a Service Coordinator at $475 per month. 6310 O1-r'10E SALARIES - Audit amount reflects temporary office help during personnel vacancy. 6311 O.br'10E EXPENSE - Budgeted per audit plus 5% for telephone and Internet Services, office equipment and maintenance, traveling and training, printing and copying expenses, office supplies, postage, tenant background screening fees, etc. 6320 MANAGEMENT FEE - Budgeted a .25% increase to 6.60% of net rental income and laundry income. 6330 MANAGERS' OR SUPERINTENDENT SALARIES - Budgeted per audit plus 5% for Naomi Jiles, Resident Manager, working 16 hours a week, earning $1,275 per month and for Kalinka Angueliev, Assistant Manager, working 40 hours a week, earning $1,941 per month. Budgeted additional allowance for vacation, sick time, on - call and salary increase, if merited by performance. Note that staffs salaries are split between Kimball & Morgan Towers. 6331 ADMINISTRATIVE RENT FREE UNIT - Budgeted for 2 staff units at $494 each per month. 6340 LEGAL EXPENSES (PROJECT) - Budgeted per audit plus 5% for project related expenses. 6350 AUDIT EXPENSES (PROJECT) - Budgeted per current expense of $1,555 for annual audit plus 5%. 6351 ACCOUNTING BOOKKEEPING - Budgeted p er audit plus $500 for computer servicing and technical and software support. 6390 MISC. ADMINISTRATIVE EXPENSES - Budgeted at $100 per month for resident council. Prepared byFalkenberg/Gilliam. & Associates, Inc. IS Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Kimball Tower 2006-2007 Budget Notes Page 2 6450 ELECTRICITY - Budgeted per audit phis 5%. 6451 WATER - Budgeted per audit plus 5%. 6452 GAS - Budgeted per audit plus 34.64%. Current rate is 34.64% higher than same period last year. 6453 SEWER - Budgeted per current plus 5%. Last year's budget included this anticipated expense under GL# 6790. 6510 PAYROLL - Budgeted per current expense plus 5% for Bill Tiles, Superintendent, working 20 hours a week at $1,779 per month, Ivan Angueliev, Assistant Superintendent, working 40 hours per week at $2,427 per month, and for Charles Ray, Maintenance, working 40 hours per week at $2,253 per month. Budgeted additional amount for on -call, vacation, sick and salary increase, ifinerited by performance. Note that staff salaries are split between Morgan & Kimball Towers. 6515 SUPPLIES -Budgeted per audit plus 5% formaintenauce and cleaning supplies, electrical parts, plumbing supplies, hardware and tools, uniforms, appliance parts, paint supplies, lights, locks, keys, gardening supplies, etc. Current is high because it includes $11,484 for refrigerators and stoves. 6520 CONTRACT - Budgeted per audit (less $70,173 for balance of parking lot re -pavement project) plus 5% for landscaping, exterminating, elevator service, plumbing, electrical repairs, interiorpainting, window cleaning, water treatment, gate and door repairs, generator maintenance, etc_ Current is high because it includes partial payment of re -carpeting project at $22,500, flooring at $17,138 and replacement of roller guides of elevators at $13,420. 6525 GARBAGE AND TRASH REMOVAL - Budgeted per audit plus 5%. 6530 SECURITY PAYROLL/CONTRACT - Budgeted per current plus 5% for guard service at $1,684 per month, quarterly fire inspections at $832 per quarter, annual fire alarm monitoring at $360, fire alarm repairs at $511, and fire extinguisher maintenance at $209 6531 SECURITY RENT FREE UNIT - Budgeted for one unit at $494 per month. 6546 HEATING/COOLING REPAIRS - Budgeted per audit plus 5%. 6711 PAYROLL TAXES (FICA) - Budgeted per audit phis 5% for F.I.C.A., Medicare, and for S.U.UETT. 6720 PROPERTY AND LIABILITY INSURANCE - Budgeted per audit plus 5%. 6722 WORKER'S COMPENSATION - Budgeted per current expense phis 5%. 6723 HEALTH INSURANCE & OTHEREMPL. BENEFITS - Budgeted per current expense plus 5% for health, dental and life insurance for four employee. Current monthly amount for each employee is $3 81.05 for health insurance, $5.49 for life insurance and $14.20 for dental insurance. 6790 MISCELLANEOUS TAXES, LICENSES AND PERMITS - Budgeted per audit plus 5% for elevator permits at $420, annual occupancy permit at $701, environmental health permit at $100. RESERVE FOR REPLACEMENTS DEPOSIT REQUIRED - Budgeted per current monthly rate of $10,000. May 24, 2006 Prepared by Falkenberg/Gilliam & Associates, Inc. IS Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 IN (323) 258-3512 Budget Worksheet Income and Expense Projection FISCAL YEAR JULY 1, 2006 - JUNE 30,2007 KIMBALL TOWER Description of Account Acct No Audited FYE 6/30/2005 Per Unit Month 151 / 12 Current 7/1/2005 3/31/2006 • Per Unit r Month 151 / 9 Budget 7/1/2006 6/30/2007 Per Unit Month 151 / 12 272.6:1 218.09 Rental Rent Revenue - Gross Potential . 5120 491,397 271.19 372,065 273.78 494,025 Income Tenant Assistance Payments 5121 393,072 216.93 320,161 235.59 395,175 5100 Stores and Commercial 5140 - - - - j - Garage and Parking Spaces 5170 - - - - - _ - Flexible Subsidy Revenue 5180 - - - - - - Miscellaneous Rent Revenue 5190 - - - - - - Excess Rent (memo only) 5191 ! - - - - - - Rent Revenue/lnsurance 5192 - - - - - - Special Claims Revenue 5193 - - - - - Retained Excess Income 5194 - - - - - Total RentRevenuePotential ®100%Ocenpeney 5100T 884,469 488.12 602,226 50936 889,200 490.73 Vacancies Apartments 5220 13,897 7.67 8,477 6.24 26,676 14.72 5200 Stores and Commercial 5240 - - - - - - Rental Concessions 5250 - - - - - - Garage and Parking Spaces 5270 - - - - - - Miscellaneous 5290 - - - - - Total Vacancies 5200T 13,897 7.67 8,477 6.24 26,676 14.72 Net Rental Revenue (Rent Rev. Less Vac.) 5152N 870,572 480.45 683,749 503.1.3_ . 862,524 476.01 income Nursing Homes/Assisted Living/ Board it Care/Other 5300 E terly Care/Coop/Other Revenues 5300 - 7 - - - - - Financial Interest Income -Project Operations 5410 5,655 3.12 8,211 6.04 8,211 4.53 Revenue Residual Receipts Interest (memo only) 5430 - - - - - 5400 Replacement Reserve Interest (memo only) 5440 11,756 6.49 13,217 9.73 13,217 7.29 Miscellaneous Interest 5490 - - - - Total Financial Revenue 5400T• 5,655 3.12 8,211 6.04 8,211 • 4.53 4 Other Laundry and Vending 5910 7,166 3.95 5,515 4.06 7,166 3.95 Revenue Tenant Charges 5920 - - - - - - - 5900 Interest Reduction Payments 5945 - - - - - Gifts (nonprofits) 5970 - - - - - - Miscellaneous Revenue 5990 530 029 - - - Total Other Revenue 5900T 7,696 4.25 5,515 4.06 7,166 3.95 Total Revenne 5000T 883,923 487.82 697,475 513.23 4 877,901 484.49 Admin. Conventions and Meetings 6203 - - - - - - Expenses Management Consultants 6204 - - _ _ 6200/ Advertising and Marketing 6210 - - - - - - 6300 Other Renting Expense 6250 4,900 2.70 4,275 3.15 5,985 3.30 Office Salaries 6310 1,474 0.81 - - - Office Expenses 6311 15,766 8.70 11,645 8.57 16,554 9.14 Office or Model Apartment Rent 6312 - - - - - Management Fee 6320 52,447 28.94 45,320 33.35 57,400 31.68 Manager Salaries 6330 45,020 24.85 32,576 23.97 47,271 26.09 Administrative Rent Free Unit 6331 11,856 6.54 8,892 6.54 11,856 6.54 Legal Expenses (Project) 6340 1,235 0.68 265 0.19 1,297 0.72 Auditing Expenses (Project) 6350 1,440 0.79 - - 1,633 0.90 Accounting/Booldceeping 6351 1,614 0.89 160 0.12 2,114 1.17 Misc. Administrative Expenses 6390 1,200 0.66 900 0.66 1,200 0.66 Total Administrative Expenses 6263T 136,952 75.58 104,032 76.55 145,309 80.19 5242006 forth HUD-92547-A A'PTACHMENT #3 MORGAN TOWER 2006-2007 BUDGET NOTES ., (0 Description of Account Acct. No Audited FYB 6/30/2005 Per Unit Month 151 / 12 Current 7/1/2005 3/31/2006 Per Unit Month 151 / 9 Budget 7/1/2006 6/30/2007 Per Unit Month 151 / 12 Utilities Fuel Oil/Coal 6420 - - - - - 6400 ` Electricity 6450 45,019 24.84 33,191 24.42 47,270 26.09-7 Water 6451 26,325 14.53 23,688 17.43 27,641 15.25 Gas 6452 47,426 26.17 46,014. 33.86 63,855 35.24 Sewer 6453 - - 45,300 33.33 47,565 26.25 Total Utilities Expense 6400T 118,770 65.55 ;148,192 109.04 186,331 102.83 Operating Payroll 6510 71,267 39,33 62,657 46.11 84,387 46.57. & Mainten Supplies 6515 40,313 22,25 32,872 - 24.19 42,328 23.36 Expenses Contracts 6520 155,791 85.98 133,786 98.44 89,899 49.61 6500 Operating/Maintenance Rent Free Unit 6521 - - .. - - - Garbage and Trash Removal 6525 10,939 6.04 8,734 6.43 11,486 6.34 Security Payroll/Contract 6530 18,748 10.35 17,536 12.90 25,849 14.27 Security Rent Free Unit 6531 5,343 2.95 897 0.66 5,928 3.27 Reating/Cooling Repairs and Maintenance 6546 12,166 6.71 10,181 7.49 12,774 7.05 Snow Removal 6548 - - - - Vehicle & Maint Equip. Oper. and Repairs 6570 - - - - - - Mrsc. Operating and Maint Expenses 6590 - - - - 150.47: - Total Operating & Maintenance Expenses 6500T 314,567 173.60 266,662 196.22 272,652 Taxes and Real Estate Taxes 6710 - - - - Inaarance Payroll Taxes (Project" 6711 11,254 6.21 8,633 635 11,817 6.52 6700 Property and Liability Insurance 6720 34,277 18.92 - - 35,991 19.86 Fulsdity Bond Insurance 6721 - - - - _ Worker's Compensation 6722 9,515 5.25 12,928 9.51 13,574 7.49 Health Insurance & Other EmpL Benefits 6723 12,356 6.82 10,622 7.82 17,673 9.75 Misc. Taxes, Licenses, Permits & Ins. 6790 1,342 0.74 841 0.62 1,409 0.78 Total Taxes & Insurance 6700T 68,745 37.94 33,023 24.30 80,464 44.41 Financial Interest on Mortgage Payable 6820 - - - - Expenses Interest on Notes Payable (Long Term) 6830 - - - - - - 6800 Interest on Notes Payable (Short Term) 6840 - - - - Mortgage Insurance Premiuni/Svce Charge 6850 - - 1 - - - - Miscellaneous Financial Expenses 6890 - - - - Total Financial Expenses 6800T - - - - - - Expenses Nursing Homes/Assisted Living/ Board & 6900 Care/Other Elderly Care/Coop/Other Expenses 6900 - - - Total Cost of Operations 6000T 639,034 352.67 551,910 406.11 684,756 377.90 Replacement Reserves 120,000 66.23 90,000 66.23 120,000 66.23 Principal Payments Required - - - - - Debt Service for other approved loans - - - - - Debt Service Reserve (if required) - - - - - - General Operating Reverve (Coops) - - - - - Total Cash Requirements 759,034 418.89 641,910 472.34 804,756 444.13 Less Total Revenue 883,923 487.82 697,475 513.23 877,901 484.49 Net Cash Surplus (Deficiency) 124,889 68.92 55,565 40.89 73,145 40.37 . We hereby certify that all the Information stated herein, as well as any information provided In the accompaniment herewith Is, to the best of our knowledge, true and accurate.. ttre Date Signature Date a1kenberg/G' am & Associates, Inc. Managing The Community Development Commission of the City of National City, Owners 5/24/200e form HUD-92547-A MORGAN TOWER 2006-2007 BUDGET NOTES • ,AF The,bndget calyearlrenrIna. 3Q, 2007Troposesiaarentanerease of4 5%.based an:therBUD'automatic !klvnual usttne jfiac r I( since the last rent aincrease was weffeci�tire last 3tte i, gas expenses, workers con} enAdlsatxan, and t laea1t14oInsurance rcpsts "have w rease8 he,4nost;Famo�}g zither penes, In;raTd}taon, sewer .assessments) of 45]]600,iw ueh gherxthaa last}yearts* uc gee samoulfl $3 5 D4�e'wall submttr his rent 'Fb JA k r +inetease adl ge otCaQuaBej to aCt�tbce#Fer�tanareascltpbee ve iDct6berl,.; 04 Atlthearost,aonlya6 ,ifick en%03i"4e+affet?teU- yhF+F+V' t'6B1CiC08Q'x, r :4.., J� - Fk rl � z F , .FF1:" k ' d: 5120 RENTAL INCOME APARTMENTS: The proposed rents are as follows: Unit Type # Units Current Rents AAF Increase Proposed Rents 1 Bedroom 151 $576 $26 $602 1 Bedroom 1 Non -Revenue 5220 VACANCIES/APARTMENTS - Budgeted at 1.5% of rents. 5410 INTEREST INCOME/PROJECT OPERATIONS - Budgeted per audit. 5430 RESIDUAL RECEIPTS INTEREST INCO1vJE- Budgeted per audit This is a memo entry only; interest remainsinresidual receipts account and can not be used for operations. 5440 REPLACEMENT RESERVE INTEREST - Budgeted per audit This is a memo entry only; interest remains in reserve for replacement account and can not be used for operations. 5910 LAUNDRY AND VENDING - Budgeted per audit. 6310 OFFICE SALARIES - Budgetedper current expense plus 5% for service coordinator at $475 per month and assistance with HUD paperwork at $554 per month. Budgeted additional amount for front line help with MOR Audits and work related to gross rent increase implementation. Auditor re-classified service coordinator's expense into line item #6311—Office Expense in the actual audit 6311 Or'.tr10E EXPENSE - Budgeted per current expense annualived for telephone and Internet, office equipment and maintenance, traveling and training, copying and printing, office supplies, postage, etc. Audit amount is high since it includes service coordinator expense. 6320 MANAGEMENT FEE - Budgeted a .25% increase to 4.25% of net rental income and laundry income. Last year this fee increase was not processed by HUD. The revised fee is well within HUD guidelines. 6330 MANAGERS' OR SUPERINTENDENT SALARIES - Budgeted per current expense plus 5% for Naomi Liles, Resident Manager, working 16hours aweek, earning $1,275 permonthandforTamaraNadjafinia, Office Assistant, working 32 hours a week, earning $1,941 per month Budgeted additional allowance for on -call, vacation, sick, and salary increase, if merited by performance. Audit amount is low due to personnel vacancies. Note that staff salaries are split between Morgan & Kimball Towers. 6340 LEGAL EXPENSES (PROJECT) - Budgeted per audit plus 5% for project related expenses. 6350 AUDIT EXPENSES (PROJECT) - Budgeted per current expense of $8,725 plus 5% for annual audit, electronic submission and filing fees. 6351 ACCOUNTING BOOKKEEPING -Budgeted per audit plus 5% for computer servicing and technical mid software support. 6390 MISC. ADMINISTRATIVE EXPENSES - Budgeted at $100 per month for resident council expenses. Prepared by Falkenberg/Gilliam 6r. Associates, Inc. • Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Morgan Tower 2006-2007 Budget Notes Page 2 6450 ELECTRICITY - Budgeted per audit plus 5%. 6451 WA1 ilt - Budgeted per audit plus 5%. 6452 GAS - Budgeted per audit plus 33%. Current rate is 33% higher than same period last year. 6453 SEWER - Budgeted per current plus 5%. Last year's budgetincluded this anticipated expense under GL# 6790. 6510 PAYROLL - Budgeted per current expense plus 5% for Bill Jiles, Superintendent, working 20 hours a week at $1,779 per month, Keenie Gutierrez; Assistant Superintendent, working 40 hours per week at $2,427 per month, and for Keyanue McCallon, Maintenance, working 40 hours per week at $2,427 per month. Budgeted additional amount for on -call, vacation, sick and salary increase, if merited by performance. Audit is high br,211s& it includes charges for temp help during personnel vacancies. Note that staff salaries are split between Morgan & Kimball Towers. 6515 SUPPLIES - Budgeted per audit plus 5% for maintenance and cleaning supplies, electrical parts, plumbing supplies, hardware and tools, uniforms, appliance parts, paint supplies, lights, locks, keys, etc. Current is high because it includes replacement of stoves and refrigerators at $11,300. 6520 CONTRACT - Budgeted per audit (less $12,549 for flooring which has beenreimbursed from the reserve for replacement fund) plus 5% for exterminating, elevator service, plumbing, electrical repairs, interior painting, window cleaning, water treatment, landscaping, gate and door repairs, etc. Current is high br"-anse it includes partial payment of $22,000 for the corridor carpeting project, whichhas been reimbursed from the reserve for replacement fund. It also includes carpet drying and cleaning expense due to flooding of $14,000 (which has been reimbursed from the insurance company) and halls and corridor painting expense of $7,800. 6525 GARBAGE AND TRASH REMOVAL - Budgeted per monthly expense of $872.71 plus 5%. 6530 SECURITY PAYROLL/CONTRACT - Budgeted per current plus 5% for guard service at $1,684 permonth, quarterly fire inspections at $832 per quarter, annual fire alarm monitoring at $360, fire alarm repairs at $871, smoke detector installation/repairs at $255, and fire extinguisher maintenance at $189. 6546 HEATING/COOLING REPAIRS - Budgeted per audit plus 5%. Current is high because it includes replacement of chiller and pump at $35,244, which will be reimbursed from the reserve for replacement fun& 6711 PAYROLL TAXES (FICA) - Budgeted per audit plus 5% for F.I.C.A., Medicare, S.U.UETT. 6720 PROPERTY AND LIABILITY INSURANCE - Budgeted per audit plus 5%. 6722 WORKER'S COMPENSATION- Bwigeted per currentplus 5%. Worker's Compensationhas increased by more than 35%. 6723 HEALTH INSURANCE & OTHER EMPL. BENEFITS - Budgeted per current expense plus 5% for health, dental and life insurance. Current monthly amount for each employee is $381.05 for health insurance, $5.49 for life insurance and $14.20 for dental insurance. Audit is low because of personnel vacancies. 6790 MISCELLANEOUS TAXES, LICENSES AND PERMITS -Budgeted pea current plus 5%for two elevator permits at$420, annual occupancy permit at $701, and environmental health permit at $100. 6820 INTEREST ON MORTGAGE PAYABLE - Budgeted per amortization schedule. 6850 MORTGAGE INSURANCE PREMIUM - Budgeted per amortization schedule. RESERVE FOR REPLACEMENTS DEPOSIT REQUIRED - Budgeted per current monthly rate of $3,127. PRINCIPAL PAYMENTS REQUIRED - Budgeted per amortization schedule. May 25, 2006 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 • (323) 258-3512 Budget Worksheet Income and Ltxpense Projection PROJECT NUMBER #129-38013-PB-WA-L8 FISCAL YEAR JULY 1, 2006 - JUNE 30,2007 MORGAN TOWER Description of Account Acct. No Audited FYE 6/30/2005 Per Unit Month 151 / 12 Current 7/1/2005 3/3I/2006 Per Unit Month 151/ 9 Budget 7/1/2006 6/30/2007 Per Unit Month 151 / 12 Rental Rent Revenue - Gross Potential • 5120 459,85$ 253.78 348,816 256.67 517,666 285.69 Income Tenant Assistance Payments 5121 498,690 275.22 420,207 309.20 561,380 309.81 5100 Stores and Commercial 5140 - - - - Garage and Parking Spaces 5170 - - - - Flexible Subsidy Revenue 5180 - - - - Miscellaneous Rent Revenue 5190 - - - - Excess Rent (memo only) 5191 - - - - - Rent Revenue/insurance 5192 - - - _ Special Claims Revenue 5193 - - - - Retained Excess Income 5194 - - - _ Total Rant Revenue Potuemial0100%Occupancy 51001' 958,548 529.00 769,023 565.87 1,079,046 595.50 Vacancies Apartments 5220 12,973 7.16 4,665 3.43 16,186 8.93 5200 Stores and Commercial 5240 - - - - Rental Concessions 5250 1,394 0.77 622 0.46 - Garage and Parking Spaces 5270 - - - Miscellaneous 5290 - - - - Total Vacancies 5200T 14,367 7.93 5,287 3.89 16,186 8.93 Net Rental Revenue (Rent Rev. Less Vac.) 5152N 944,181 521.07 763,736 '561.98 1,062,860 586.57 Income Nursing HomeslAssisted Living/Board & Care/Otber 5300 Elderly CarrJCoop/Otber Revenues 5300 - - - - Financial Interest Income -Project Operations 5410 64 0.04 121 0.09 64 0.04 Revenue Residual Receipts Interest (memo only) 5430 6,992 3.86 5,482 4.03 6,992 3.86 5400 Replacement Reserve Interest (memo only)_ 5440 11,168 6.16 8,104 5.96 11,168 6.16 Miscellaneous Interest 5490 - - - - _ Total Financial Revenue 5400T 64 0.04 121 0.09 64 0.04 Other Laundry and Vending . 5910 7,446 4.11 5,962 439 '7,446 4.11 Revenue Tenant Charges 5920 - - - - _ 5900 Interest Reduction Payments 5945 - - - - Gills (nonprofits) 5970 - - - Miscellaneous Revenue 5990 126 0.07 235 0.17 - - Total Other Revenue 5900T 7,572 4.18 6,197 456 7,446 4.11 Total Revenue 5000T 951,817 525.29 770,053 566.63 1,070,370 590.71 Admin. Conventions and Meetings 6203 - - - - Expenses Management Consultants 6204 - - - 6200/ Advertising and Marketing 6210 - - - 6300 Other Renting Expense 6250 - - - - _ - Office Salaries 6310 9,410 5.19 9,640 7.09 13,720 7.57 Office Expenses 6311 28,141 15.53 16,206 11.92 21,608 11.92 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 37,979 20.96 30,617 22.53 45,488 25.10 Manager Salaries 6330 26,591 14.67 31,159 22.93 42,526 23.47 Administrative Rent Free Unit 6331 - - _ - - - Legal Expenses (Project) 6340 1,662 0.92 477 0.35 1,745 0.96 Auditing Expenses (Project) 6350 12,773 7.05 3,350 2.47 9,161 5.06 Accounting/Bookkeeping 6351 1,746 0.96 1,300 0.96 1,833 1.01 Misc. Administrative Expenses 6390 1,300 0.72 3,863 2.84 1,200 0.66 6263T 119,602 66.01 96,611 71.09 137,282 75.76 Total AdiiiiTlish4ive Expenses 5/25/2225 form HUD-92547-A Description of Account Acct No Audited FYE 6/30/2005 Per Unit Month 151 / 12 Current 7/1/2005 3/31/2006 Per Unit Month 151/ 9 Budget 7/1/2006 6/30/2007 Per Unit Month 151 / 12 Utilities Fuel Oil/Coal 6420 - - - - - - 6400 Electricity 6450 42,880 23.66 29,171 21.46 45,024 24.85 Water 6451 27,497 15.17 20,870 15.36 28,872 15.93 Gas 6452 40,065 22.11 40,557 29.84 53,286 29.41 Sewer • 6453 - - 45,600 33.55 47,880 26.42 Total Utilities Expense 6400T 110,442 60.95 136,197 100.22 175,062 96.61 Operating Payroll 6510 89,731 49.52 62,231 45.79 86,571 47.78 &Mainten Supplies 6515 23,918 13.20 27,194 20.01 25,114 13.86 Expenses Contracts 6520 99,308 54.81 129,936 95.61 91,097 50.27 6500 Operating/Maintenance Rent Free Unit 6521 - - - - - - Garbage and Trash Removal 6525 10,090 5.57 8,784 6,46 10,996 6.07 Security Payroll/Contract 6530 18,733. 10.34 15,638 11.51 26,471 14.61 Security Rent Free Unit 6531 - - - - - - Heating/Cooling Repairs mil Maintenance 6546 21,045 11.61 51,635 37.99 22,097' 12.19 Snow Removal 6548 - - - - Vducle & Maint Equip. Oper. R,,,e.p,�a.,irs 6570 - - - - - - �a�nd Mac. Operating and Wnt e Total Operating &Maintenance Expenses 6500T 262,825 145.05 " 295,418 217.38 262,346 144.78 Taxes and Real Estate Taxes 6710 - - - - - Insurance Payroll Taxes (Project) 6711 10,605 . 5.85 10,I17 7.44 11,135 6.15 6700 Property and Liability Insurance 6720 34,854 19.24 - - 36,597 20.20 Fidelity Bond Insurance 6721 - - - - Worker's Compensation 6722 9,508 5.25 12,928 9.51 13,574 7.49 HealthInsnraace & Other EmpL Benefits 6723 12,356 6.82 10,622. 7.82 17z673 9.75 Misc. Taxes, Licenses, Permits & Ins. 6790 922 0.51 841 . 0.62 1,282 0.71 Total Taxes & Insurance 6700T 68,245 37.66 - 34,507 2539 80,260 44.29 Financial Interest on Mortgage Payable 6820 221,264 122.11 159,882 . 117.65 202,051 111.51 Expenses Interest on Notes Payable (Long Term) 6830 - - - - - - 6800 Interest on Notes Payable (Short Term) 6840 - - . - - Mortgage Insurance Premium/Svice Charge 6850 16,959 9.36 16,119 11.86 15,344 8.47 Miscellaneous Financial Expenses 6890 - - - - Total Financial Expenses 6800T 238,223 131A7 176,001 129.51 217,395 119.98 Expenses Nursing Homes/Assisted Living/ Board & 6900 Care/Other Elderly Care/Coop/Other Expenses 6900 . - - - - Total Cost of Operations 6000T 799,337 441.14 738,735 543.59 872,347 481.43 Reserve for Replacements Dep. Required 37,524 20.71 28,143 20.71 . 37,524 20.71 Principal Payments Required 138,792 76.60 110,160 81.06 158,005 87.20 Debt Service for other approved. loans - - - - - - Debt Service Reserve (if required) - - - - - - General Operating Reserve.Coops) - - - - - - Total Cash Requirements 975,653 538.44 877,038 645.36 1,067,875 58934 Less Total Revenue 9514817 525.29 770,053 566.63 1,070,370 590.71 Net Cash Surplus (Deficiency) (23,836) (13.15 (106,985)_ V8.72 2,495 1.38 We hereby certify that all the Information stated herein, as well as any information provided In the accompaniment herewith Is, to the bast of our knowledge, true and accurate. Siire Date Falkenberg/Gillt�t & Associates, Inc., Managing'i .gents 5/25/2005 Signature Date The Community Development Commission of the City of National City, Owners form HUD-92547-A CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 20, 2006 AGENDA ITEM NO. 46 ITEM TITLE Resolution — Downtown Specific Plan Consistency Review for mixed -use development project, 'Park Lofts' Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street APN: 560-100-05, -06, -07, -08 Applicant: Willmark Communities, Inc. Case File No.: DSP-2006-1 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The project site is the block located south of the new City Library. The proposed development is a mixed -use project consisting of three buildings with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. The applicant proposes to develop the project as a condominium subdivision, but to retain and manage the property as market -rate rental units. The largest building consists of five levels above two levels of parking, with a building height of 65-feet. ENVIRONMENTAL REVIEW Consistency Review (DSP-2006-1) is consistent with the Downtown Specific Plan and adequately addressed in the program EIR for the Downtown Specific Plan FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) APPROVING A DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW FOR A MIXED -USE PROJECT, "PARK LOFTS", AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION LOCATION: 1509, 1531, 1535 NATIONAL CITY BOULEVARD AND 49 EAST 16TH STREET APPLICANT: WILLMARK COMMUNITIES, INC. CASE FILE NO.: DSP-2006-1 WHEREAS, the applicant has filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Community Development Commission (CDC) Board to consider all development proposals at a public hearing; and WHEREAS, the CDC Board considered the application at a duly advertised public hearing held on June 20, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the CDC Board considered the recommendation and findings of the staff report contained in Case File No. DSP-2006-1, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare; and WHEREAS, the CDC Board desires to achieve the goals and implement the policies of the Downtown Specific Plan; and WHEREAS, the CDC has determined that the adoption of the action recited herein would further the goals and policies of the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board finds that the testimony and evidence presented at the public hearing support the following findings: 1. Basic Compliance — The project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 2. Creating a Place for People — The project enhances the pedestrian experience with attractive and distinctive design and amenities. 3. Enrich the Existing - The project enriches the qualities of the existing downtown by exhibiting a distinctive design that arises from and complements its setting, including the scale of the downtown, the block, and the street. Resolution No. 2006 — June 20, 2006 Page 2 4. Make Connections — The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation and automobile — in that order. 5. Work with the Landscape — The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources — the climate, landform, landscape, and ecology to maximize energy conservation and create distinctive amenities. 6. Mix Uses and Forms — The project weaves together different building forms, uses, textures, and densities. 7. Design for Change — The project is designed for energy and resource efficiency; creating flexibility in the use of property, public spaces (including the sidewalk) and the service infrastructure and introduces or acknowledges through design; new approaches to transportation, traffic management and parking. BE IT FURTHER RESOLVED that the CDC Board has considered that the Program Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Program Environmental Impact Report, which reflects the CDC Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the CDC Board approves said Downtown Specific Plan Consistency Review subject to the following conditions: 1. Mitigation Measures. The project shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program EIR for the Downtown Specific Plan. 2. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (DSP-2006-1), dated June 20, 2006, except as modified by the conditions of approval. 3. Paseo Plans. The applicant.shall submit paseo improvement plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. The paseo shall be designed to allow, ingress and egress of emergency, maintenance, and service vehicles to the adjacent park and library. 4. Library Parking. The applicant shall install a second driveway approach on National City Boulevard to the adjacent library parking lot, and shall restripe and improve the parking lot to provide the maximum number of parking spaces possible. 5. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. Resolution No. 2006 — June 20, 2006 Page 3 6. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification and direction, as well as for landmark visibility of the primary buildings and/or significant features of the project. 7. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 8. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 9. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation and sustainable design in the project to the maximum extent feasible. 10. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 11. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated April 17, 2006. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. Resolution No. 2006 — June 20, 2006 Page 4 c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. g) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be implemented as part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2006 — June 20, 2006 Page 5 i) The deteriorated portions of the existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the. plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) An existing 35-foot wide drainage easement reserved to the City of National City exists at the sough side of the property. No building encroachment will be allowed within the easement. The easement shall be shown on the grading plans and on the final map o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. r) The proposed street and alley vacation at this site shall be approved by the City council prior to the final map approval. City vehicle access shall be provided to maintain the park. p) q) s) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. t) The Final Map shall be recorded prior to issuance of any building permit. Resolution No. 2006 — June 20, 2006 Page 6 u) All new property line survey monuments shall be set on private property, unless otherwise approved. v) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 12. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memoranda dated January 5, 2006, and April 12, 2006. a) The developer shall replace the existing sidewalks adjacent to the project. b) 15t Street pedestrian paseo — Any material other than standard asphalt concrete hot mix shall be maintained by the project HOA. Ingress and egress via the paseo to the City Library shall be preserved. c) Sewer facilities — The developer shall agree to obtain occupancy of the project after the City completes its trunk line upgrade project. d) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. e) The developer shall install streetlights along street and paseo frontages. f) Vine type plants shall be planted to cover the wall along the east project boundary, and shall be maintained by the project HOA. g) Access to the park and library for emergency vehicles and delivery trucks (10-ton) shall be maintained. 13. Fire Department 'Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained in Fire Department memoranda dated March 21, 2006. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. Class I standpipe system will be required Resolution No. 2006 — June 20, 2006 Page 7 e) Emergency vehicle access will be required on the north side of the structure. Roadway to have a minimum width of 20 feet with a minimum vertical clearance of 13 feet, 6 inches. Turnaround will be required. f) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 14. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. 15. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 13, 2006. " a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 16. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated April 20, 2006. a) Evaluate the installation of a new bus stop along National City Boulevard near the intersection of 14th Street (Library) or other nearby locations with a shelter, benches, route map and trash containers. This shelter should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. b) Include this stop (and project) in any evaluation of a Green Car -Community circulator shuttle operation such as under consideration with Revolution R2 (Constellation Property Group) S-2006-6/DSP-2005-1 & Centro (Constellation Property Group) S-2006-6/DSP-2005-1. c) The developer should bear all associated costs to implement any Transit recommendations. d) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his review and comments. 17. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, Resolution No. 2006 — June 20, 2006 Page 8 as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 18. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 19. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 20. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 21. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 22. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City, and signed by the City Manager of the City of National City prior to recordation. 23. Expiration. This permit shall expire two years after the effective date of approval unless prior to that date a request for a time extension has been filed in writing to the Community Development Commission. The process for a time extension shall be the same as the process for application for the original permit. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2006 — June 20, 2006 Page 9 BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the Community Development Commission 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 20`hday of June 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel