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HomeMy WebLinkAbout2006 10-17 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 — October 17, 2006 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council 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 proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 10/17/06 Page 2 CITY COUNCIL PRESENTATIONS Employees of the Month Program 1. Juan Sandoval, Police Officer (July Rescheduled) 2. Veronica Serrano, Lead Hazard Control Coordinator 3. Presentation — Aquatic Center — Ricardo Rabines of Safdie Rabines and Tina Williams of the South Bay Family YMCA INTERVIEWS/APPOINTMENTS 4. Interviews and Appointments: Sweetwater Authority Board (City Clerk) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the minutes of the Regular City Council/Community Development Commission meeting of August 1, 2006 and the Special Meeting of August 22, 2006. (City Clerk) 6. 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) 7. Approval of corrected amounts of contractor's compensation for management of Morgan and Kimball Towers. (City Attorney) COUNCIL AGENDA 10/17/06 Page 3 CONSENT CALENDAR (Cont.) 8. Temporary Use Permit — Sweetwater High School's Homecoming Football Game Halftime Show on October 19, 2006 at Sweetwater High School with no waiver of fees. (Building & Safety) 9. Temporary Use Permit — Health Fair hosted by Church of God of Prophecy on October 21, 2006 at 2107 "I" Ave. with no waiver of fees. (Building & Safety) 10. Temporary Use Permit — Harvest Festival 2006 hosted by Integrity Charter School on October 27, 2006 from 4 p.m. to 8 p.m. at 125 Palm Ave. with no waiver of fees. (Building & Safety) 11. Temporary Use Permit — Fall Festival hosted by South Bay Community Church on October 31, 2006 from 6 p.m. to 10 p.m. at 2400 Euclid Ave. with no waiver of fees. (Building & Safety) 12. Temporary Use Permit — Bayview Tower Advertising Banners located at 801 National City Blvd. until February 2007 with no waiver of fees. (Building & Safety) 13. WARRANT REGISTER # 12 (Finance) Ratification of Demands in the amount of $639,143.15. 14. WARRANT REGISTER # 13 (Finance) Ratification of Demands in the amount of $1,378,748.27. 15. WARRANT REGISTER # 14 (Finance) Ratification of Demands in the amount of $262,639.72. COUNCIL AGENDA 10/17/06 Page 4 PUBLIC HEARINGS 16. Public Hearing — Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue. (Applicant: Christie Radder) (Case File No. S-2006-7) (Planning) 17. Public Hearing — Amendment to the Combined General Plan/Zoning Map from Private Institutional -Planned Development (IP-PD) to Senior Citizens' Housing -Planned Development (RM-3-PD) for an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC) (Case File No. GP-2006-1/ZC- 2006-1) (Planning) 18. Public Hearing and finding of No Significant Environmental Effect for a proposed subdivision and planned development permit for a retirement community including 497 senior residential units on an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC) (Case File No. S-2006-2/PD- 2006-1/IS-2006-1) (Planning) 19. Public Hearing- Street Vacation for the closing of that portion of 7th Street east of Burden Drive and west of Arcadia Avenue. (Applicant: Generations Development, LLC) (Case File No. SC-2006-1) (Planning) ORDINANCE FOR INTRODUCTION 20. An Ordinance of the City Council of the City of National City amending Section 2.01.020 W of the National City Municipal Code pertaining to the authority of the City Manager. (City Attorney) NON CONSENT RESOLUTION 21. Resolution of the City Council approving an agreement with the Unified Port of San Diego for displaying an art exhibit entitled "Shift Change: Working Waterfront" by Ming Lowe. (Community Services) COUNCIL AGENDA 10/17/06 Page 5 NEW BUSINESS 22. Request to authorize a letter be written from the Mayor and City Council regarding transit to SANDAG. (City Manager) 23. Time Extension Request — Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th and gth Street into eight residential lots with a Conditional Use Permit for one of the lots to have an accessory living unit. (Applicants: Alfonso Reynoso, Adolfo Gallegos, and Edgar Herrera) (Case File No. S-2004-6/CUP-2004-18) (Planning) 24. Report to the City Council on a staff proposal to phase the repair for the Playhouse on Plaza and request for the City Council to designate funds for the project. (Engineering) 25. National City Transit Monthly Report for October — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 26. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 09/21/06 through 10/03/06 of $1,998,959. (Community Development Commission/Finance) 27. Resolution of the Community Development Commission of the City of National City approving Amendment No. 2 to the Disposition and Development Agreement with Constellation Property Group ("A" Avenue) LP, and approving an Option Agreement with Constellation Property Group (Nat City 12th) pertaining to the Centro and R-2 projects. (Community Development Commission) 28. Resolution of the National City Community Development Commission approving a contract with Rore Environmental Services, Inc. in the amount of $464,890 to provide mitigation services for the former Ace Metals property located at 720 West 23rd Street, and authorizing the City Engineer to sign the contract. (Community Development Commission) COUNCIL AGENDA 10/ 17/06 Page 6 NEW BUSINESS 29. Authorizing the issuance of a Request for Proposals for redevelopment, land use, and economic consultants related to the feasibility of a Harbor District Industrial Park suitable for the relocation of potential non -conforming uses within the City of National City's Westside Specific Planning area. (Community Development Commission) 30. Report - Community Development Commission owned parcels (APN #654- 290-71, 74 and 564-310-03) at Valley Road and Plaza Center Way, National City, California. (Community Development Commission) 31. Report — Community Development Commission owned parcels at 1820 G Street (APN #560-233-06), 1441 Harding Avenue (APN #559-085-08), and 405 West 18th Street (APN #559-063-04), National City, California. (Community Development Commission) STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSIONS Conference with Legal Counsel Existing Litigation — Government Code Section 1) Community Development Commission v Superior Court Case No. GIC 860857 2) Community Development Commission v Case No. GIC 860858-1 3) Community Development Commission v Case No. GIC 860859-1 54956.9(a) . Henschel Trust, San Diego . Brock, San Diego Superior Court . Kim, San Diego Superior Court Public Employee Performance Evaluation — Government Code Section 54957 Title: City Attorney COUNCIL AGENDA 10/17/06 Page 7 ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — November 21, 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 ITEM #1 10/17/06 City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 RE -SCHEDULE OF JULY RECOGNITION MEMORANDUM October 3, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Human Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Police Department (Safety) to be recognized for the month of July 2006 is Juan Sandoval, Police Officer. Juan has been re -invited to attend the Council meeting of Tuesday, October 17, 2006, and be recognized for his achievements and service. xc: Juan Sandoval Chief Adolfo Gonzales Sergeant Mike Harlan Councilmember Natividad Human Resources - Office File AJL:lgr Performance Recognition Program (3) 0 Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate NCPD Officer Juan Sandoval for the Performance Recognition Award for the following reasons: Please state reason 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 to exceed 150 total words. Please be as specific as possible when giving your examples. On 3-28-06, a lone suspect robbed the Wells Fargo Bank, 1199 Highland Avenue, with a demand note. The suspect stole $2000 and fled the area in a cab. NCPD Dispatch received a frantic 9-1-1 call from bank employees and broadcasted the call. On his way to the bank, Officer Sandoval spotted the cab used by the suspect and radioed for back-up. Suddenly, the cab stopped and the suspect bolted from the vehicle. As he gave chase, Officer Sandoval broadcasted the suspect's direction of travel and, as a result, the suspect was taken into custody by officers without anyone being iniured. Bank employees later identified the suspect as the robber and he was turned over to the FBI. The suspect was indicted for this bank robbery and is being investigated for two other National City bank robberies. Due to the outstanding observations and actions of Officer Sandoval, the suspect is facing up to 20 years in prison. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Sqt. Mike Harlan, Investigations Division Supervisor Signature: Date: 6-9-06 ITEM #2 10/17/06 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 October 3, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resourc s SUBJECT EMPLOYEE OF THE MONTH PROGRAM 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 October 2006 is Veronica Serrano, Lead Hazard Control Coordinator. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, October 17, 2006, to be recognized for her achievement and service. Attachment cc: Veronica Serrano Antonio Garcia, Acting Building & Safety Director Councilmember Natividad Human Resources — Office File AJL:Igr Performance Recognition Program (2) ©* Recycled Paper Employee Recognition Name: Veronica Serrano Position: Program Coordinator Department: Building & Safety Employee Description: Veronica Serrano plays an integral role in incorporating health & housing programs into the Building & Safety Department. Veronica Serrano is committed to providing service to the community of National City through efforts to reduce lead poisoning among the child population and improving home environments for families. She coordinates the City's Lead Hazard Control Program and the Healthy Homes Program. Her innovative ideas and leadership skills are assets to the City of National City. She has collaborated with a number of community groups, businesses, and other agencies to bring in necessary resources to the city. She has collaborated on such projects as World Asthma Day, the Cinco De Mayo Con Orgullo Celebration, a local smoke detector program, and the Negocio Verde Task Force Pollution Prevention workshops. Veronica Serrano puts in work beyond her typical job responsibilities while always maintaining a positive attitude. She has served as a liaison between the City Manager's Office, the City Council and the National City Asthma Committee since March of 2004. At a State level, she has provided training for the American Lung Association of California at their 2006 annual conference. On federal levels, Veronica Serrano has been our city's representative to the U.S. Department of Housing & Urban Development as well as the U.S. Environmental Protection Agency. These and other efforts to work with city departments and a diverse representation of outside organizations make her an outstanding city employee. ITEM #3 10/17/06 PRESENTATION AQUATIC CENTER - RICARDO RABINES OF SAFDIE RABINES AND TINA WILLIAMS OF THE SOUTH BAY FAMILY YMCA City of National City, California COUNCIL AGENDA STATEMENT October 17, 2006 MEETING DATE AGENDA ITEM NO. 4 ITEM TITLE PREPARED BY EXPLANATION INTERVIEWS AND APPOINTMENTS: SWEETWATER AUTHORITY BOARD Michael R. Dalla 7 DEPARTMENT City Clerk EXT. The Mayor has requested that the re -appointment of Mr. Mitch Beauchamp to the Sweetwater Authority Board be placed on this agenda. Mr. Beauchamp has requested re -appointment. C. Environmental Review XX N/A MIS Approval Financial Statement None >STAFF RECOMMENDATION Approved By: Finance Director Account No. Approve the Mayor's nomination BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) I None Resolution No. A-200 (Rev. 7/03) ITEM #5 10/17/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF AUGUST 1, 2006 AND THE SPECIAL MEETING OF AUGUST 22, 2006 - CITY CLERK- ITEM #6 10/17/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption • It is recommended that the City Council approve the following motion as part, of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 7 ITEM TITLE APPROVAL OF CORRECTED AMOUNTS OF CONTRACTOR'S COMPENSATION FOR MANAGEMENT OF MORGAN AND KIMBALL TOWERS PREPARED BY George H. Eiser, Ill p4 DEPARTMENT City Attorney (Ext. 4221) EXPLANATION At the October 3, 2006 City Council meeting, the Council approved agreements with Falkenberg/Gilliam & Associates for the management of Morgan and Kimball Towers. The agenda materials contained a copy of each management agreement, which erroneously stated the contractor's compensation for management of Morgan Tower to be 3.75% of gross collections, and 5.85% for Kimball Towers. The correct percentages are 4% and 6.35%, respectively. It is requested that the City Council, by minute action, approve the corrected amounts of compensation to be paid to the contractor. Environmental Review y N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve contractor's compensation as corrected. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 8 ITEM TITLE TEMPORARY USE PERMIT — Sweetwater High School's Homecoming Football Game Halftime Show on October 19, 2006 at Sweetwater High School with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from Sweetwater High School to conduct a Homecoming Football Game Halftime Show on October 19, 2006. This event will include a pre -game Parade of Clubs including the Queen and King Candidates and band accompaniment. The halftime event is a fireworks display. A waiver of fees is requested. The event and sponsoring organization do not meet the criteria in the City Council Policy No. 804 for a waiver of fees because the event is not a National City -sponsored event or co- sponsored event. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits. Total fees are $694.00. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) (2 aJ esolution 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 High School EVENT: Homecoming Football Game Halftime Show DATE OF EVENT: October 19, 2006 TIME OF EVENT: 7 p.m. to 10 p.m. APPROVALS: PLANNING 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 [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] 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. FIRE (619) 336-4550 1. Permit is to be obtained from the Fire Department for the display of fireworks. Permit request must be submitted by licensed pyrotechnic company a minimum of 14 days prior to event. Permit fee is three hundred forty nine dollars ($349.00). 2. Site plan of the fireworks display area identifying firing area, set piece locations, and spectator area with all separation distances reflected must be submitted with permit request for fireworks display. 3. Fire Safety inspection to be conducted by the Fire Department of the designated fireworks display area prior to event. 4. Emergency vehicle access to be maintained at all times. 5. Provide metal cans with leads and label "HOT COALS ONLY" for used charcoal disposal. 6. Permit fee(s) can only be waived by City Council. POLICE (619) 336-4400 Security & Police staffing plans will be coordinated through the Community Services Unit/School Resource Officers. Copy of the TUP will be forwarded to the Watch Commanders. Type of Event: _ Public Concert Parade Motion Picture Fair Demonstration _ Grand Opening Festival rcus then ( -DOH I _ Community Event Block Party {-E I cal Event Title: 45)t4CO&t 1'.)ct totyrskti Co� GL) � L 'T) Wl si-701; Event Location: �u)k_ ? pi 6 it cC.ttDat-`©artpt�W Event Date(s): Fromt0 Actual Event Hours: Month/Day/Year pu, am/pm to /0 am/pm Setup/assembly/construction Date: Total Anticipated Attendance: _a% Participants) (jSpectators) Start time: /il N PlQ se describe the scope of your setup/assembly work (specific details): -foolkatc Dismantle Date: (tJ/ 1 / Completion Time: (1 am/pm 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: 5U)- `! (--o2— (6 ft For Profit ot-for-Profit Chief Officer of Organization Name) �'S : &11V0i)( ll..��'' Applicant (Name): ©ki'0� , c(l -- Address: Lq0D 'Fl 1C)rl L-Ap- "0 r 1. > (' £ 197c) Daytime Phone. ( ) _ FJening Phone: (LP) 4x: Contact Person on site" day of the event ( "" ,Cl- 02-611 Pager/Cellular: tP ( "' T iS -61 C1 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 4P V Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explai /4uV�S YES NO >cE S NO `+f e purpose and provide amou t(s): $ --OCO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 1310 Estimated Expenses for this event. $ Y 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. 4rinw-ccpit ft0'ibc-L _ R CI-v r3 S (.4 1,1 3 ( VVV __,/ / /� t,il V YY ll' 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 ,_ YES )` YES NO Does the event involve the sale or use of alcoholic beverages? f �A r NO Will items or services be sold at the event? If yes, please describe: �i7C� ? 00 .6 `; 5'U / kJ YES Y•-•fVO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES 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. 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: �{ iV If you inte GA ok food in ent area please specify the method: LECTRI. HARCOAL 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 returned to a dean 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: t; l4t cif lZ, 2 6 Please describe your procedures for both Crowd Control and Internal Security: c 0 4-Diu r,t.1 t 44-12 t am s ? 1 f l C-e. _YES lO 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: NO Is this a night event? If YES, please state how the event and surrounding area ted saf will beiN�tminato ensure y of the participants and spectators: 4- / U V''\ (4 tt ,�s t Please ndic t hat arra ement you have mad k ?ATI --4-f) cid /(A. viding First Aid Staffing and E ment,, Cet Please describe our Accessibilit Plan for access at your event by individuals wi disabilities:. JCS T� 5Yl itk-C-C A-$ &4b(c4gV--& P, , u T tv gc c Pleasectide a de tailed description of your PARK NG plan: /64 PleasP describe your plan for DISABLED PARKING: Ay ;t 3 \ i S % i,-<0 4 t t l�1 cY1A- `,IS I-161 t i �V S 5 i n ir'c- ��5 Please describe your plans to notify all res.d Ants, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. `fES _ 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: 0 Number of Bands: Type of Music: \AYES _ NO Will sound amplification be used? If YES, please indicat Start time: / am/pm Finish Time —YES J�1O Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: PJ c ___/CrAc (44-"e YES VO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director 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 7JA 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 andits 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 • pp icant �55. ',�/.--cam fJ — �`tvc�-1I �► i o [P 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. WiII 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. XNo (Please proceed to Question 5) 44 )4 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. o (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. 0 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: o (P lease sign the form and submit it with the TUP Appli motion) Signature Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 9 ITEM TITLE TEMPORARY USE PERMIT — Health Fair hosted by Church of God of Prophecy on October 21, 2006 at 2107 `1' Ave. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Church of God of Prophecy to conduct the Health Fair at 2107 '1' Ave. on October 21, 2006. This event will include vendor booths throughout the parking lot, as well as kid jumpers. Snacks and refreshments will cover the expenses of the event. Various health agencies will participate in the event. Community members will provide crowd control. A waiver of fees is requested. The event and sponsoring organization do not meet the criteria in the City Council Policy No. 804 for a waiver of fees because the event is not a National City -sponsored event or co- sponsored event. 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 $349.00 for the Fire permits and $550.08 for Public Works. Total fees are $1244.08. 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 �iMCo.-- 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: Church of God of Prophecy EVENT: Health Fair DATE OF EVENT: October 21, 2006 TIME OF EVENT: 10 a.m. to 3 p.m. APPROVALS - PLANNING 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 SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 1 weeks prior to the event to check, modify. and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. FIRE (619) 336-4550 1. Maintain clear access to fire department connections and fire hydrants. 2. 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. 3. Kitchen to be equipped with a minimum of a 40:BC fire extinguisher. 2A:10BC fire extinguishers to be located throughout event area with a travel distance of 75 feet. Z 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. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Parks Division 1. Council Policy restricts the use of the City's stage for events on private property. Therefore, unless Council waives Policy #802 (copy attached), the stage will not be provided for this event.. 2. The event organizers shall provide nighttime security for City equipment, if approved by City Council, for the duration of the event. Fees Unless waived by the City Council, the applicant shall pay $550.08 for staff costs associated with this permit request. This cost is estimated as follows: Park Division: $550.08 (account #105-422-000-102) Total: $550.08 Festival Circus Other ,ZC Community Event Block Party W Event Date(s): From /D-01/-'to Total Anticipated Attendance: Sao ( Participantsi CC Actual Event Hours: ( Spectators) pm to 3 am� Setup/assembly/construction Date: /12/20l4 Start time: 7a-wt • Please describe the scope of your setup/assembly work (specific details): c' S A� cri-US /iu !`_L - '- f G,F ECi+ rLc Dismantle Date: /a-2/-6 Completion Time: , 3f afe/pm 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. /fil7lt//� Sponsoring Organization: _Ctrigait,or 60 cL � f f /L.y Lel Chief Officer of Organization (Name) 8,rik , J Aetr -'��e,e 5 Applicant (Name): Address: Type of Event: _ Public Concert Parade _ Motion Picture Fair _ Demonstration Grand Opening Event Title: )4441k. rig-rft- Event Location: s2/o7 Ave: (7.9BRiez (Do-i 7Z .7(U - T' AV-C. Daytime Phone: (6/5) V4-6 —99,fitvenIng Phone &it) ,7,2. 4W2 Fax: (6/9) 7- S 97 Contact Person on site" day of the event: t-'7Ag/Z(et (7-_-7-/ For Profit )C Not -for -Profit Pager/Cellular 9 7 — 51ri NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Fees The cost of processing the permit is dependent on the number of departments that must review the application. The maximum fee is $345. Unless a fee waiver is requested, the application fee is required at the time of submittal. The temporary use permit fees for events which are later withdrawn are nonrefundable Waiver of Fees To apply for a waiver of fees the Request for a Fee Waiver must be completed and submitted with the application. Fee waivers are generally granted for non- profit organizations that can demonstrate that the event will not generate any income to the organization, or that the net proceeds of the event will result in: a) direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or b) direct financial benefit to city government such as the generation of sales tax; c) 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, etc; or d) direct financial benefit to an organization, which has been the direct recipient of City or Community Development Block Grants (CDBG) funding. Only the City Council has the authority to grant a waiver of fees. Duration The Class A Temporary Use Permit will be valid for ten days or as limited by the City Council. The permit is valid for the dates specified on the permit only. Insurance Where the use of City facilities is involved, the applicant may be required to provide a certificate of insurance, evidencing combined single limit coverage of at least $1 million and naming the City of National City and its officials, employees, agents and volunteers as additional insured's. Amounts of coverage are to be determined by the National City Risk Manager. In all cases involving the use of City facilities, the applicant is required to provide Li Hold Harmless Agreement holding the City harmless from liability arising from the use of the facilities. e- Is your organization a "Tax Exempt, nonprofit" organization? `$. YES _ NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): $ � vac, Estimated Gross Receipts including ticket, product and sponsorship sales from this eventfr006[ $ � i�oo, — 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. Jew f cL d 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 6 Business Licenses A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are re istered not-f - ' t will not be a charge for their usiness !cense. • A list of all participating vendors (with their address, phone number and current 7 National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies A permit is required from the Fire Department to erect a tent excess of 200 --- square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be treated with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained from the Fire Department. ‘P..% • 1 /� _it IV-, _ YES NO Does the event involve the sale or use of alcoholic beverages? $. YES NO ^Will items or services be sold at the event? If yes, please describe: 5 ej /vrs YES T 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 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: V tV V V \. �, 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: �OU/`L rn! f!'vN7 Or= (�/'el.c. If you intend to cook food in the event area please specify the method: f ?c GAS ELECTRIC CHARCOAL OTHER (Specify): CO0—bse , /N I 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 / O T,43/ed 20 afraif 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 / 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: u%, z g h/e/pe.i Coll =i144 I �.-, 4 KA rJJ-rN(` 8 Please describe your plans to notify all residents, businesses and churches impacted by the event: / NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES V NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: ✓YES _ NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES r/ O Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES ✓ NO Fireworks, rockets,Dr other pyrotechnics? If YES, please describe: i.-4ES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: c� �s 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: Kcitti eery 1 ees, Director Business Licenses A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are re ist ed not-f - t will not be a charge for their usiness icense. A list of all participating vendors (with their address, phone number and current 7 National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies A permit is required from the Fire Department to erect a tent excess of 2007 square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be treated with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained from the Fire Department. -at Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? _ YES 2 NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event$Fvod $ r2 - 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. NC) if the event involves the sale of cars, will the cars come exclusively from National City oar dealers? If NO, list any additional dealers involved in the sale 6 7. I,. �µ�l lvol 1977./i N.r_ 04i4/1,44 • _P:x4Vz14:707 lind ?TT 'CHURCH e, From the desk of Bishop Jack Sheets Sr. {Emailjpastorjack@pacbell.net September 12, 2006 Mr. Joe Olson, City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Olson: GOD OF PROPHECY 2107 I Ave._,; National City, Ca 919+50 {Office} 619.474.6062 The Church of God of Prophecy, located at the above address, would like to provide a free health fair to the community, on Saturday, October 21, 2006, from 10:00 a.m. to 3:00 p.m. The following health agencies have already confirmed their participation: 1. Blood Bank 2. Health Net — Jaime Rubio 3. United American Insurance 4. Health Advocacy & Legal Aid 5. Community Health 6. Dr. Hoss, DDS 7. Family Health Center — Martha Castillo 8. Y Me — Cancer Society 9. La Maestra Clinic 10. Kimball Senior Center — Maria Wright 11. A couple of classes for young people on H.I.V. prevention, presented by Darlene DeBayona, from Riverside County, Health Department. 12. We plan to invite our Police and Fire Dept. to bring a squad car and Fire Truck for the children to view. We will be setting up booths around the Church grounds, and a couple of kid jumpers in the parking lot, as shown on the attached sketch. The fair will serve the immediate community, free of charge, but, in order to cover expenses we plan to provide snacks and refreshments for a monetary donation. Therefore, because this is a free service to the community, organized by a non-profit agencie, we would like to request the City of National City to waive the fees for the Temporary Use Permit. We thank you in advance for any assistance you can provide in making this a successful Lilt. Please call my telephone number (619) 466-9988, if you have any questions. Gabje1J. Ortiz, Bacon 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. X 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? XYes (Please provide an explanation and details. /FAV7 PV yl. r A/4:Erit, Zvi// Af-r c r A'eXt Ym J6- /,Sr° F 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: IV -No (P lease sign the form and submit it with the TUP Application) 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? K. 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. CIA/WI-Lk o f o cs Name of the sponsoring organization l7I- ietx J %-I Type of Organization (' ,2-c (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? T Ave" - 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. l No (Please proceed to Question 5) (3 City of National City PUBLIC PRORTY USE HOLD HARMLESS AND INDEM FICATION AGREEMENT Persons requesting use of City pro provide a minimum of $1,000,000 co injury and property damage which inclu employees named as additional insured an Agreement. Certificate of insurance must be Organization Person in Charge of Activity Address Telephone rty, facilities or personnel are required to ned single limit insurance for bodily s the City, its officials, agents and to sign the Hold Harmless ached to this permit. 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 contra ^ Signf� of Alican attire a., st ,- _A,,, .� c-a 7-/ D- 40. Official Title Date For Office Use Only Certificate of Insurance Approved Date re_ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 10 (ITEM TITLE TEMPORARY USE PERMIT — Harvest Festival 2006 hosted by Integrity Charter School /// on October 27, 2006 from 4 p.m. to 8 p.m. at 125 Palm Ave. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Integrity Charter School to conduct the Harvest Festival event at 125 Palm Ave. on October 27, 2006 from 4 p.m. to 8 p.m. This is a fundraising event for the public charter school. Food and game booths will be manned by parents. School staff will cover crowd control. A waiver of fees is requested. The event and sponsoring organization do not meet the criteria in the City Council Policy No. 804 for a waiver of fees because the event is not a National City -sponsored event or co- sponsored event. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for Fire Permits. Total fees: $694.00. 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 BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Integrity Charter School EVENT: Harvest Festival DATE OF EVENT: October 27, 2006 TIME OF EVENT: 4 p.m. to 8 p.m. APPROVALS: PLANNING 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 [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 1 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 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. 'Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) City of National City, California COUNCIL AGENDA STATEMENT. MEETING DATE October 17, 2006 AGENDA ITEM NO. 11 ITEM TITLE TEMPORARY USE PERMIT — Fall Festival hosted by South Bay Community Church o� October 31, 2006 from 6 p.m. to 10 p.m. at 2400 Euclid Ave. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from South Bay Community Church to conduct the Fall Festival at 2400 Euclid Ave. on October 31, 2006 from 6 p.m. to 10 p.m. This event will include approximately 10 booths, including carnival -style games, concession stands, and a main stage area. This event is designed to offer a safe alternative to Halloween night. A waiver of fees is requested. The event and sponsoring organization do not meet the criteria in the City Council Policy No. 804 for a waiver of fees because the event is not a National City -sponsored event or co- sponsored event. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits. Total fees are $694.00. 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 ) AvcaC% 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: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: October 31, 2006 TIME OF EVENT: 6 p.m. to 10 p.m. APPROVALS: PLANNING 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 [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) 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. FIRE (619) 336-4550 1. Maintain emergency vehicle access, 20 feet wide with a 13 feet 6 inch vertical clearance. 2. Maintain clear access to fire department connections and fire hydrants. 3. Tents and covered booths with sides taller than 30 inches 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 $349.00. Fees can only be waived by the City Council. 4. Canopies in cooking areas to be flame-retardant with an approved State Fire Marshal seal attached. 5. One 2A:10BC fire extinguisher is required for each food booth where cooking is taking place. Cooking using oil or grease a 40:BC fire extinguisher is required. 2A:10BC fire extinguishers to be located throughout event area with a travel distance of 75 feet. 6. Provide metal cans with leads and label "HOT COALS ONLY" for used charcoal disposal. Fair Demonstration _ Grand Opening F; d Festival Circus Other _ Community Event _ Block Party O m gl -o r rny p t� p 0 o �g Event Location: So�-4l� pa-n.( Co mmun.4-11 __kca -c_tA. iv m Event Date(s): From /0/3146 to /0/3//04. Total Anticipated Attendance: `'OO 0 o� 0 Month/DayNear ( Participants) ( Spectators) • Actual Event Hours: 6 am Cm o /a am Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Vax-4 oN-$ b 0o+t 54-1,-O , 4-0.b(e5 r cU c i- ' , e-, G7tCCoc Dismantle Date: /O/31/010 Completion Time: // ¥ a •' 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: Type of Event: _ Public Concert Parade _ Motion Picture Event Title: +0. • _ kuic For Profit ' `lot -for -Profit Chief Officer of Organization (Name) _' , av e. J orle Applicant (Name): ck_t�ac- - Address: ? `(C)40 Gl r a; kVe-v)/ u. e_ Daytime Phone: ((Ii) �jo?- SSoo Evening Phone: (&!q) K20 55g6/Fax: (/) i7 ` 3370 Contact Person "on site" day of the event: A-A-� 1-0, a.�I (c�c 1 Pager/Ceilula�(G'j 0 064 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 4 Is your organization a "Tax Exempt, nonprofit" organization? "YES _ NO Are admission, entry, vendor or participant fees required? )) _ YES �NO If YES, please explain the purpose and provide amount(s): /)/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. =la/I Frs-i Vr,✓ r-en6i / d Geir ' 4/= 7f 2e 94ir,C LvoDf�-rs 174)0 Genc"sQ.I, sends and a mCrir� S//C€i area, en Dvj- perrk,ny loi- area . yve wi 11 have infkihrkie Zones whiuh 14'/// cc�zrre un %s77de cocrrse, JoUs�r)r Qrena and a sit c/& /lure uui ll be / J K.e, rnvs,c., pa hpe,i-- 4'h0ws, if/ de a pp-ed-e in fio ns he /d al- the 0.7a / n s'Iz e area. Mt-io'r o f 'the Pert l� 7t1 offer Q sq `e n c1 r LCrl 'fMvira7y th.f t r air 742%17, /tes- and c'eknoicar av7 f/Itrrr217 ./ %4T f'�-mar? 1a1 47f. _ 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 2 _ YES 4NO Does the event involve the sale or use of alcoholic beverages? • YES _ NO Will items or services be sold at the event? If yes, please describe: o d - e-o n "5 i 4C.vnS _ 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 /0 Sizes f X / 0 NOTE: A separate Fire Department permit is required for tents or canopies. YES 40 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: C� an -bAn„..1 S4L1I`e "ti^ 4,a,.( yr,., Ous 1-tes If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): M Cr i (JOVe ➢ 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: ?S - f O Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: .scAs dU-‘ `A.. ��o�� EIrL e_.Yefrk i t? cue S Ck_S ' '- ct cLn n der NGtrr t i1 alC f��. ' Y c� l e��an o E1 Q evvf. b Please describe your procedures for both Crowd Control and Internal Security: �1��. \rave, CIA Scukt-- tearr►( 61 rr ) 41n.r.--- OA-4. u.; pP4,d ► acit Q s dwtd. V-LS 1bI4.. Sk.rVs ►n0-1-Ke_cA 5eev�� : `U.) c cicat paacsk. +ems w:t1 We. on -s _ YES _L7NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: /VA Security Organization Address: Security Director (Name): /1/% Phone: -KV /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: '�c k(n5 (oi cxlt1I be_ on Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. �1n-51- A - II the_ cot a,wr boot, anj Aces Derr I/1 \+1-1.e4r_) -o harlot( arut -or- S;ivat-ipvtiS Please describe your Accessibility Plan for access at your event by individuals with disabilities: 1 o—tte. karvl -1;41(5 f�'s�i)em5. An YfYl uj (( 6-0- Please provide a detailed description of your PARKING plan: b� i���Gule CL'ilk0e_ Pat-V-4n�, fir\ out- IQ-i anal cc( -5 el1 (p,,klrl� is Q'Vot(�i�Ie Please describe your plan for DISABLED PARKING: �j b.> e C" \ea, L1 5?c c.es cor c9 .b teol 4 7 Please describe your plans to notify all residents, businesses and churches impacted by the event: ne15hbor 1 odd IAIa.A- 5 , 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: / Number of Bands: 3 Type of Music: vo nr- P4•-ra,t �f 2 YES _ NO Will sound amplification be used? If YES, please indicate: Start time: inish Time /Z) v YES ` NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: inish Time CP Please describe the sound equipment that will be used for your event: y_cr- 1Oa.a Ai y 5pea KPrS, X-C/Mt morir4os> _ YES vN0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: ►� , ycr ba YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: orY1a I( � c�c�(0 In� Revised 08/10/05 g Event: For Office 'Use Onfy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department c7 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 1U %A - Person in Charge of Activity &) / A Address Al- /A - Telephone N� 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 ureU Official Title For Office Use Only Date Certificate of Insurance Approved Date 10 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? V 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 &ty Comm°ni C hu,reh Type of Organization O rch (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) V. 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) 1i 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 Date 9 Iz FALL FESTIVAL LAYOUT Green Room Parking 1111 Entrance a b Entrance To Parking MZ-S Disabled Parking A = American Food Booth B = Boxing Ring C = Coffee House (Gym Wi ndow) CC Cotton Candy D = Dunk Tank G = Game Booths I = Information Booth J = Jousting Arena K = Kiddie Jumper M = Mexican Food (Kitchen) ML = Maze -Large MS = Maze -Small 0 = Obstacle Course P = Puppet Stage PC = Popcorn S = Tent Stage SS = Scramble Slide ST = Story Tent Parking /j. CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION A490603 ENDORSED FILED In ;he offico of the Secretary or state of tho State of California APR 1 0 1997 The undersigned certify that: 1. They are the president and the secretary, respectively, of Gospel Light Bible Church of Natio al itty,. a California corporation. 2. Article 1, NAME of the Articles of Incorporation read as follows: The name of this corporation is South Bay Community Church of National City 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The foregoing amendment of Articles of Incorporation has been duly approved by the required vote of the members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. Date: -- 7- 7 teve Nieme r, Secretary /`? INTERNAL REVENUE SERVICE DISTRICT DIRECTOR B�BLE C-LiRC� CF 32;54G3O3� �99F �AT��Ay �vE cAJT, U6 44'v3O �ear ApPliconr: DEPARTMENT OF THE TREASURY [wployer ldeniif�cat�oo Number. 3J~VO5�2�4 Case Nunoer: 9511510O3 Contact Perscn; AHMED AHME"D Contact Telephone Number: (213) 725-7876 Accounting Perioo Enging: Decenber 3! Form 990 Required: nn Adoendun Appiies: nu �aseu on infornatzon supp�ieo, and assuning your operations will oe as �~�tep �n yn'/r �oo�ic���on fur recu�nitinn cf exen:tion, we have deternined you arp exenpt of Federal incone tax unuer seciion. 501(a) of the Intern�� Rpvpnx� rn�� �s �: or?ani/atinn ���/ribed �n �ectinn 50�(c)(�). �e bave fur�her deternined t h a not a private founoation withi� �:e apan�ng nf sec��nn 5�9(a� :f the Code, because yo� are an nrpanizatisn �esc`ineb in section� 539(a)(�> and 170(h)(1>(A)(i). �� your saurc�s o� suppo, or your purposes, character' orneinod nf n"er���nn chan�e, nlpa�e l�� ''� know �o we con co:s�der thn eff+c� of the c�anye cn your exenpt statu� an� faundation status. In the case of an anend- npn� to yo�r vr�on�,atinn�l d�omcnt ar bylaws` nlease s�'nd us a rnoy nf the ��en�ea oocxnent ur bylaws. Al�u, you should inforn us of oli changes in your nr addre^� As of �anuary �` �984, ynu a`a ��a�le for taxes unucr the �eoeral cr nare ;cu cay �o eac� of /c�r enpicyees ouring a calendar year° �nzs ooes Aazion, you ar� no� �uu�ec� �c �he e,cise st �� �r vsu za:� oxy �upstions a�ou� exc1se` City of National City, California COUNCIL AGENDA STATEMENT 12 MEETING DATE October 17, 2006 AGENDA ITEM NO. (-- ITEM TITLE TEMPORARY USE PERMIT — Bayview Tower Advertising Banners located at 801 National City Blvd. until February 2007 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Motivational Systems to continue to display the Bayview Tower Advertising Banners until February 2007. One banner is 60' x 20' in size and reads "Condos from $185,000". The second banner is 10' x 60' and reads "(619) 336-0303." Appendix "A" of the sign code states that banners should not exceed 40 sq. feet in size and only one banner per street frontage is allowed. No banners can be used for longer than 60 days per calendar year. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. Approved By: Finance Direcyu. 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 IJse Peilnit 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: Motivational Systems, Inc. EVENT: Bayview Tower Advertising Banners DATE OF EVENT: Immediately to February 7, 2006 TIME OF EVENT: N/A APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING When banners are dismantled in February 2007, please use appropriate safety means, i.e. cones and barricades, to protect pedestrians and vehicles from possible falling objects. For more information, please contact Kenneth Fernandez at 619-336-4388. PLANNING (619) 336-4310 The code allows banners to be used for 60 days within a calendar year. Appendix "A" of the sign code states that banners should not exceed 40 square feet in size. One banner per street frontage is allowed. FIRE (619) 336-4550 1. Banners to be of a flame retardant material. 2. Banners to be securely affixed in such a manner as to prevent any possibility of banners become detached. Type of Event: _ Public Concert _ Fair _ Festival _ Community Event _ Parade _ Demonstration _ Circus _ Block Party _ Motion Picture _ Grand Opening XOther .5 Event Title: if d v 6,44am ',,t/€7 A% �//�%-�W S . Event Location: 4Q/ A)41- O AJ 4-'1 e t e1 1.1 t Event Date(s): Fror# to Fib 61 Total Anticipated Attendance: M h/Day/Year ( 'Participants) ( Spectators) Actual Event Hours: am/pm to am/pm Setup/assembly/construction Date:'A 1 Dd Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date D7 Completion Time: am/pm 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 Organizations l D4 i v Q 60&),/ 5+1rj+P�t- �� c' For Profit l Not -for -Profit Chief Officer of Organization (Name) Applicant (Name):mU �l a �0 .) AO Address: �rl llJ' G! �. ae-/ /4) ,7 Al) Daytime Phone:6/ /) 101-/-pa Ve'iiing Phone: (_j Fax: (_j Contact Person "on site" day of the event: Pager/Cellular: q56/— yo,LtU 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 NCB Are admission, entry, vendor or participant fees required? if YES, please explain the purpose and provide amount(s). $ Estimated Gross Receipts inclu this event. $ Estimated Expenses for this event. ponsorship sales from $ 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. g Art,N)4A"..) _ YES _ NO If the e ntJ"nvo e he sale of cars, will the cars come exclusively from Nation lic d ? If NO, list any additional dealers involved in the 2 Please describe your procedures for both Crowd Control and Internal Security: _ YES f 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, plea: e st.. the event and surrounding area will be illuminated to ensure safety oft icipants and spectators: Please indicate what arrangem give made or providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: YES NO .. Does the event involve the sale or use of alcoholic beverages? _ YES NO Will items or services be sold at the event? If yes, please describe: _ 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 V NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES V 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 IZNO 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 Gar > Food Concession and/or Food Prepa tion areas Please describe how food will be serv-d at the event: • en areas. If you intend to cook GAS EL f d in the event IC CHA rea please spe ify the met od: COAL 0 HER (Spe • ): ties for ery 250 ies in the imm ➢ Portable and/or Perm Number of portable to •� applicant can show th. during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricade > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimen ons) > 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: n- ets t th t Toilet Faci (1 e are facil ople is require, unless the late area available to the public Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 5 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES _r10 Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES V NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 4 YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 9 c Revised 08/10/05 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 0 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 ,, ` 6-1 Vlq--Yy w /q- ( SLiSi-eyt, S, JI'O G • Person in Charge of Activity EK c,4 N 20 1) 0 Address -C2c1:t i.e v-e-4 e� Telephone M-4<f6, 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 /6/o 6 Date Certificate of Insurance Approved Date e; 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 Date (i 20' 10' 60' CONDOS FROM $185,000 BANNER AS IS CONDOS FROM $185,000 BANNER AS IT NEEDS TO BE. 120' 74, ECRIC:31:11(;"4 CENT 0;,? a rItg• R.M._..1,1••••••• 9,4 .1•1. At& t 4-- 1,1 .74,7„. 7i7.70-7 - 14: ' ' • •-• EXTERIOR ELEVATION NOTES IsGSGPatrnort olE V MI LAC] 00, ■�i ul n ■■ ya a ui .■ l iT ■■ NO l IIII IN .. o11 ■■ ■. i ■■ . ■I i .._ Ir.: 11 ralmp 1 T :fl n �.: �, � :III ■�lTl.■ sallTl■■ �Tl 1-�l�i�, ,, ,T, ■■ a films-1 l -■®1 -■ I I Irh �� N _Ih r■:It:II,�,l.mml • -I I �Tl'""l '■■illll�l mecum.l�l l■�l -'�I I NMI :I■■I ' ' I I I ,■. III ,■■ IT row IIT .-aril rII ■■11 i III - G.�,,.■ II 11 I'WIII! Ill■ III III. IIII hll. llll l�=l'N I. I_• .. ..11lT•■ 1rlTh 1111 I� 1G:® EMI" I :l ":1i.:ll� � � 7lliET1G:T �111T fll:�T1 'tool■■ sa ■■ JI � III, �, T . 111 .■�■■ II 1■III . III o ..�■■ III III .■ 11 ■■I �l:I■ III ,Ih��%I :1G :ir !� 'I� * : i 'ul�l i !I! v 'lii ruln■■ zalnlm■■■■IIT■it■iu7--iIiTfT_uT.'T■iuTri rlini■1 —_—_ °1111..111 h—IIITL■,1 l ■■I ■■ fII� i I� 11111 ■■.l,.■ it in III. II�III ■silt■■ 1 III .■I ir11T ■: atr ■ imitri 171rIT1■:rl irairot 1■YIT1it III Pr MEM -11 Pr c u u u o 0 II Ili IIIESIII 1111��111 11m1e111 � Ie111 R��'��'��! 1��1�'�11 I '1 11 OFRONT ELEVATION 4-5-06 205013 A6.0 FRONT ELEV .MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT OCTOBER 17, 2006 AGENDA ITEM NO. 13 ITEM TITLE WARRANT REGISTER # 12 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-424 EXPLANATION Ratification of Warrant Register # 12 per Government Section Code 37208. Environmental Review Fi nanQialtStattftl e . N/A Approved By: Lie Budget & I stment & Officer Account No. STAFF RECOMMENDATION alili ation of these warrants for a total of $ 639,143.15 BOARD / COMMISSION RE OMMENDATI g h41-Vier(/ 1.,.. ATTACHRtatinnt(Wd9r) Resolution No. 2. Workers Comp Warrant Registers dated 9/13/06 �I 3. l A-200 (9/80) Payee AT SYSTEMS WEST INC AVAYA, INC BAYSHORE TRANSIT MGMT INC CALIFORNIA TRANSIT ASSOCIATIO CORPORATE EXPRESS FROMEX PHOTO & STUDIO JOHN BURNHAM INSURANCE SVCS MTS MWANGI REGIONAL COMMUNICATIONS SY 1N DIEGO TRANSIT CORPORATIO SOUTH COAST MEDICAL CLINIC THE HOME DEPOT CRC UNIFIRST UNION TRIBUNE PUBLISHING CO. UNION -TRIBUNE BAKER & TAYLOR BAUTISTA BILZ BROCK BRODART CALIFORNIA LITERACY, INC. CINGULAR WIRELESS CITY OF NATIONAL CITY CORPORATE EXPRESS DX City of National City WARRANT REGISTER # 12 9/19/2006 Description chk no ARMORED CAR SERVICES - SEPTEMBER 2006210509 PHONE MESSAGING - 08/02 TO 09/01 .210510 PAYROLL CHECK FOR TERMINATED EMPLO}210511 FULL CONFERENCE MEMBER REGISTRATIOT210512 OFFICE SUPPLIES REPRINTS 210513 210514 POLICY RENEWAL - COMMERCIAL CRIME P0210515 TELEINFO SERVICES FOR FY07 210516 TOOL ALLOWANCE - MWANGI, BEN .210517 USE OF THE 800 MHZ NETWORK - AUGUST 20210518 BUS PASSES AS NEEDED FOR FY07. EMERGENCY PHYSICAL EXAM. K.TEON SHOP MATERIALS AND SUPPLIES MAINTENANCE LAUNDRY SERVICE FOR FY0' 210522 EMPLOYMENT RECRUITMENT SUBSCRIPTION RENEWAL REFERENCE BOOKS AS NEEDED FOR FY07 TRAVEL (AMERICORPS/CNCS Y-3) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XIV) BOOK PROCESSING MATERIALS. AS NEEDED 210529 chk date amount 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 210520 9/19/06 210521 9/19/06 9/19/06 210523 9/19/06 210524 9/19/06 210525 9/19/06 210526 9/19/06 210527 9/19/06 210528 9/19/06 9/19/06 EXPERT SERVICES (LIT. INIT. XIV) 210530 9/19/06 210531 9/19/06 OUT OF STATE SALES TAX ON INVOICE #793.210532 9/19/06 210533 9/19/06 210534 9/19/06 WINGS CELL PHONE. OFFICE SUPPLIES (LIT. INIT. XIV) TRAVEL (AMERICORPS/CNCS Y-3) 210519 392.89 46.88 271.28 380.00 24.44 83.42 105.00 2,335.92 250.00 609.50 90.00 737.20 271.48 3,645.07 577.50 209.01 675.39 26.70 278.60 39.44 711.21 5,000.00 77.57 4.65 728.77 250.09 City of National City WARRANT REGISTER# 12 9/19/2006 Payee DATA MICROIMAGING COMPANY EBSCO GUILLEN HABECK JOHN WILEY & SONS INC. KELLEY BLUE BOOK KERR KREISLER LASER SAVER INC LEAGUE OF WOMEN OF CA EDU FU LEXICON MARKETING CORPORATI LITERACYWORKS LITERACYWORKS LUA-CORDOVA NATIONAL GEOGRAPHIC SOCIETY NEVADA COUNTY LIBRARY NEWSOM NOLO PRESS, INC. O'HARA ORTEGA PALATO PIMENTEL Description chk no chk date amount MICROFILM OF CHULA VISTA STAR NEWS. 210535 9/19/06 192.40 ON-LINE SUBSCRIPTION RENEWAL FOR FY07210536 9/19/06 11,835.00 210537 9/19/06 85.89 210538 9/19/06 98.56 210539 9/19/06 80.00 210540 9/19/06 64.65 210541 9/19/06 79.21 210542 9/19/06 750.00 9/19/06 524.96 9/19/06 40,000.00 9/19/06 4,001.77 210546 9/19/06 68,000.00 210547 9/19/06 1,400.00 210548 9/19/06 454.35 9/19/06 15.90 9/19/06 64.41 9/19/06 62.57 9/19/06 20.82 9/19/06 312.95 9/19/06 307.05 9/19/06 363.57 9/19/06 645.70 9/19/06 185.00 9/19/06 12,258.00 9/19/06 21.36 9/19/06 58.30 9/19/06 42.72 TRAVEL (AMERICORPS/CNCS Y-3) TRAVEL (LIT. INIT. XIV) REFERENCE BOOK 2006 USED CAR GUIDE TRAVEL (AMERICORPS/CNCS Y-3) EXPERT SERVICES (PRIME TIME Y-2) OFFICE SUPPLIES (LIT. 1NIT. XIV) .210543 EXPERT SERVICES (EASY VOTER GUIDE Y-2) 210544 INGLES SIN BARRERAS AUDIO BOOKS. FOR F210545 STATE LIBRARY EXPERT SERVICES STATE LIBRARY EXPERT SERVICES TRAVEL (AMERICORPS/CNCS Y-3) ADULT NON-FICTION BOOKS, AS NEEDED FO210549 210550 210551 210552 210553 PRECIOUS MEMORIES EDUC RESOU PROJECT READ QUILL CORPORATION ROBINSON ROJAS TRAVEL (LIT. INIT. XIV) TRAVEL (AMERICORPS/CNCS Y-3) REFERENCE BOOKS AS NEEDED FOR FY07 TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/CNCS Y-3) TRAVEL (AMERICORPS/CNCS Y-3) TRAVEL (AMERICORPS/CNCS Y-3) BASIC STUDENT WORK BOOKS EXPERT SERVICES (LIT. INIT. XIV) 5/8" VINYL BINDERS TRAVEL (AMERICORPS/CNCS Y-3) TRAVEL (AMERICORPS/CNCS Y-3) 210554 210555 210556 210557 210558 210559 210560 210561 2 SCHMIDT SCHOLASTIC LIBRARY PUBLISHIN SCHOOL SRVCS OF CALIFORNIA IN SCHWARTZBERG SCLLN SCLLN SCLLN SHIELDS SPRINT STRATEGIC RESOURCE COMPANY '3OMSON GALE TORREZ TRAJICO U.S. POSTMASTER U.S. POSTMASTER UNIVERSITY PRODUCTS INC. WILLIAMS ZAP PRINTING & GRAPHICS A GRAPHIC EDGE ACCOUNTEMPS ACCOUNTEMPS ACRO INSTRUMENT CO. ACTION TROPHIES & ENGRAVING AIRGAS-WEST ALLEN NAHEIM MARRIOTT HOTEL City of National City WARRANT REGISTER # 12 9/19/2006 Payee Description chk no chk date amount SAN DIEGO HISTORICAL SOCIETY SAN DIEGO HISTORICAL SOCIETY MEMBERS 210562 9/19/06 60.00 TRAVEL (AMERICORPS/CNCS Y-3) .210563 9/19/06 309.28 CHILDREN BOOKS,-210564 9/19/06 151.29 EXPERT SERVICES (LIT. INIT. XIV) 210565 9/19/06 7,500.00 TRAVEL (LIT. INIT. XIV) 210566 9/19/06 615.20 EXPERT SERVICES (LIT. INIT. XIV) 210567 9/19/06 7,700.00 EXPERT SERVICES (LIT. INIT. XIV) 210568 9/19/06 1,000.00 EXPERT SERVICES (LIT. INIT. XIV) 210569 9/19/06 150.00 TRAVEL (LIT. INIT. XIV) 210570 9/19/06 47.60 TELEPHONE (WINGS) 210571 9/19/06 37.47 AMERICORPS HEALTHCARE 210572 9/19/06 3,136.00 REFERENCE BOOKS/CONTINUATIONS AS NEI210573 9/19/06 1,071.87 EXPERT SERVICES (LIT. INIT. XIV) 210574 9/19/06 2,250.00 EXPERT SERVICES (LIT. INIT. XIV) 210575 9/19/06 7,000.00 POSTAGE FOR STATE LIBRARY .210576 9/19/06 871.98 POSTAGE FOR OVERDUE NOTICES, AS NEEDI210577 9/19/06 300.00 PRESERVATION MATERIALS FOR THE LOCAI210578 9/19/06 444.43 STATE LIBRARY CONTRACT 210579 9/19/06 10,841.70 PRINTING & BINDING (LIT. INIT. XIV) 210580 9/19/06 3,852.46 DIGITAL EDGE FOR TAXICAB PERMITS 210581 9/19/06 49.48 TEMP SRVCS MARY-JO REBELEZ W/E 08/25/0E210582 9/19/06 1,480.00 TEMP SRVCS MARY-JO REBELEZ W/E 09/01/0E210583 9/19/06 1,406.00 MATERIAL 210584 9/19/06 221.00 ACCOUNTABILITY TAGS 210585 9/19/06 5.93 MOP 45714 CAL GAS 210586 9/19/06 536.16 RETIREE HEALTH BENEFITS SEP 2006 210587 9/19/06 125.00 ADV LODGING/CONFERENCE/MOLINA BLANc210588 9/19/06 693.15 Paee ARCO GASPRO PLUS BARRON BECK BLACKIE'S TROPHIES AND AWARD CAPE C.L.E.A.R.S. CONFERENCE CA ASSO OF CODE ENFORCEMENT CA ASSO OF CODE ENFORCEMENT CA ASSO OF CODE ENFORCEMENT CA ASSO OF CODE ENFORCEMENT CAL EXPRESS CALIFORNIA COMMERCIAL ASPHA CALIFORNIA COMMERCIAL SECUR CALIFORNIA LAW ENFORCEMENT CALIFORNIA STATE LIBRARY CALIFORNIA STATE LIBRARY CATHERINE GROBEN CATHERINE GROBEN CEB CEJA CESENA CHEVRON USA, INC. COPY POST PRINTING CORPORATE EXPRESS COUNTY OF SAN DIEGO CRAWFORD DANIEL PEARCE/ RPM WELDING City of National City WARRANT REGISTER # 12 9/19/2006 Description FUEL FOR CITY FLEET AS NEEDED FOR REFUND OF PERMIT PAYMENT 125 PLAN REIMBURSEMENT MOP 67727 NAME TAGS W/ENGRAVING FIRE/LTD SEP 2006 ADV REGISTRATION/MOLINA BLANCA REIMB AIRLINE TRAVEL/GIL SALVADOR ANNUAL SEMINAR REGISTN/VERGARA ARM,210596 MEMBERSHIP ANNUAL DUES/GIL SALVADOF210597 MEMBERSHIP ANNUAL DUESNERGARA ARK210598 CAL EXPRESS AUG CHARGES/COURT FILING:210599 chk no 210589 ASPHALT, AS NEEDED FOR FY07: MOP 45754 - KEY PD/LTD SEP 2006 CK:2 AMERICORPS LSTA RETURN OF FUNDS 210603 CK:1 PRIME TIME YR II RETURN OF FUNDS 210604 SPEC 04-13 REVIEW DOCUMENTS 210605 SPEC 04-9 REVIEW DOCUMENTS 210606 CEB-EFFECTIVE INTRO OF EVIDENCE 210607 REFUND CITATION #NC230726011 DISMISSAL210608 REFUND CITAT NC260719009 DUPLICATE PAY 210609 210610 210611 210612 210590 210591 210592 210593 210594 210595 MOP 45699 - FUEL (201 POSTERS, BLACK, 30X40 ON FOAM MOP 45704 TONNER CTRG LASR HP4100 PERMIT RENEWAL/EMERGENCY STANDBY E210613 125 PLAN REIMBURSEMENT 210614 MOP 45749 - WINDOW GUARD INSTALLATIO11210615 210600 210601 210602 chk date amount 9/19/06 26,201.04 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 148.00 912.48 10.78 608.00 350.00 557.20 415.00 75.00 75.00 38.40 932.64, 3.34 1,540.50 10,210.00 3,942.00 420.00 280.00 95.68 35.00 35.00 278.37 171.79 776.90 428.00 342.01 1,069.92 4 Payee DAPPER TIRE COMPANY DAY DELTA DENTAL DELTACARE (PMI) DIXIELINE LUMBER CO. DOKKEN ENGINEERING DSL EXTREME DURRA INK ESGIL CORPORATION FEDEX FIRE ETC kRT'S AUTO SUPPLY HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HONEYWELL INC. IKON OFFICE SOLUTIONS/IOS INZUNZA INZUNZA INZUNZA JAS PACIFIC, INC. JEFFERSON PILOT FINANCIAL City of National City WARRANT REGISTER # 12 9/19/2006 Description chk no chk date amount TIRES 210616 9/19/06 1,111.91 EDUC REIMB/PARAMEDIC PREPARATION/DA 210617 9/19/06 DENTAL INS SEP 2006 DENTAL INS PMI SEP 2006 MOP 45707 POOL & STOCK 72.00 210618 9/19/06 14,274.30 210619 9/19/06 3,427.29 210620 9/19/06 1,557.95 SERVICES FROM AUGUST 1 THRU FEB 23 200(210621 9/1.9/06 1,748.29 DSL SERVICE, TO SUPPORT DONATED MOP 46766 STATE TAX CHARGES PLAN CHECK SRVCS 8/01/106 - 8/31/06 FEDEX-LEAD GRANT POSTAGE #QCH 32. CHOCK HOLDER. BRAKE PARTS I-IEALTH INS SEP/2006 57135A HEALTH NET - 57135F SEP 2006 HEALTH - ELECT INS SEP 2006 85027A HEALTH - RET INS 85027B SEP 2006 HEALTH NET - 57135J SEP 2006 10/01/06-12/31/06 MAINTENANCE COPIER METER READINGS FOR FY0607 REIMB FOR HOTEL/L. OF CA C./NICK INZUNZ, 210635 REIMB FOR HOTEL/N.B.A./NICK INZUNZA 210636 REIMB FOR LUNCH MEETING/NICK INZUNZA210637 BUILDING INSPECTOR AND OFFICIAL FEES CDC AND CITY LIFE INS SEP 2006 KAISER FOUNDATION HEALTH PLA KAISER INS ACTIVE SEP 2006 KAISER FOUNDATION HEALTH PLA KAISER RET INS SEP 2006 ¶LLACKY. KEVIN EDUC REIMBURSEMENT/KEVIN KILLACKY 210622 9/19/06 53.47 210623 9/19/06 143.97 210624 9/19/06 44,774.46 210625 9/19/06 38.63 210626 9/19/06 67.34 210627 9/19/06 134.00 210628 9/19/06 62,832.79 210629 9/19/06 3,192.15 210630 9/19/06 2,485.97 210631 9/19/06 514.08 210632 9/19/06 471.80 210633 9/19/06 19,211.19 210634 9/19/06 13,498.97 9/19/06 290.40 9/19/06 144.82 9/19/06 32.00 210638 9/19/06 10,185.60 210639 9/19/06 10,562.25 210640 9/19/06 105,995.95 210641 9/19/06 3,029.51 210642 9/19/06 140.00 5 City of National City WARRANT REGISTER # 12 9/19/2006 Payee LACAL EQUIPMENT, INC. LASER SAVER INC LONG'S DRUG STORES MAINTEX, INC. MARCI KILIAN, VISTA CITY CLERK MIRAMAR FORD TRUCK SALES,IN MOLINA NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY TROPHY NATIONAL CITY TROPHY NFPA FULFILLMENT CENTER OFFICE TEAM ONE SOURCE DISTRIBUTORS PERRY FORD POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY SDG&E SOUTH BAY WINDOW & GLASS CO SOUTHWEST PAINT & BODY, INC. SPARKLETTS SPIRITLINE STRATACOM SUPERCO SPECIALTY PRODUCTS SWEETWATER AUTHORITY TETRA TECH ISG #1 UNION SECURITY INSURANCE CO. Description chk no ELECTRIC WATER PUMP MOP 45725 TONERS COMPATIBLE MOP 45727 - FIRST AID SUPPLIES JANITORIAL SUPPLIES DUES 2004-2005 AND 2005-2006 SS4242 42" STEEL ADV MEALS/MILEAGE/MOLINA BLANCA MOP 45735 - TELESCOPI INSERT BUCKET SEAT AND REPAIR PADDINC210651 MOP 66556 - PLAQUE 210652 GOVERNMTL PURPOSES/OVAL ACRYLIC AW,210653 MEMBERSHIP FOR FY07 FOR RODERICK 210654 TEMP SRVCS HARROD JILL A W/E 8/18-25/06 .210655 MOP 67256 - FIRE STATION #31 .210656 MOP 45703 - ALIGNMENT UNIT #390 MOP 67839 - BATTERY MOP 45742 - UNIFORMS - FACILITIES FACILITIES - SDG&E 24X42-1/4 1/4" CLEAR PLEXIGLASS FOR 210661 PARTS TO REPAIR FENDER ON #453. 1998 210662 WATER FOR MAYOR/CITY COUNCIL OFFICE 210663 POMPOMS, MODEL POM-AH7, PLASTIC HAND210664 MOP 63845 MAILING LABEL - CIVIC CENTER 210665 210666 210667 210668 210669 210643 210644 210645 210646 210647 210648 210649 210650 DEAD-END FACILITIES - WATER BILLS DEPOSIT #954 8TH AND D AVENUE VTL SEP 2006 210657 210658 210659 210660 chk date 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 9/19/06 amount 465.08 193.79 13.44 771.46 25.00 413.63 205.04 22.40 156.24 52.26 80.81 1,485.00 1,790.25 370.11 844.39 69.76 38.07 25,411.49 47.39 1,210.16 36.93 398.65 133.61 449.07 24,629.23 330.00 2,500.5E City of National City WARRANT REGISTER # 12 9/19/2006 Payee US STERLING CAPITAL CORP WATTREE Description chk no chk date amount TRADE SETTLING CHRGS 8/19/06 - 8/25/06 210670 9/19/06 99.00 REFUND CITATION #P56191 LEVEL DISMISSA210671 9/19/06 175.00 Total $ 623,964.11 Workers compensation checks 12094 9/13/06 165.46 12095 9/13/06 495.00 12096 9/13/06 304.45 12097 9/13/06 1,139.29 12098 9/13/06 158.52 12099 9/13/06 180.67 12100 9/13/06 27.84 12101 9/13/06 115.92 12102 9/13/06 110.00 12103 9/13/06 22.00 12104 9/13/06 88.00 12105 9/13/06 88.00 12106 . 9/13/06 110.00 12107 9/13/06 7,289.31 12108 9/13/06 156.84 12109 9/13/06 318.69 12110 9/13/06 180.96 12111 9/13/06 19.00 12112 9/13/06 180.34 12113 9/13/06 484.70 12114 9/13/06 180.64 12115 9/13/06 209.28 12116 9/13/06 109.65 7 City of National City WARRANT REGISTER # 12 9/19/2006 Payee Description chk no chk date amount 12117 9/13/06 83.94 12118 9/13/06 12.33 12119 9/13/06 28.18 12120 9/13/06 212.87 12121 9/13/06 400.00 12122 9/13/06 400.00 12123 9/13/06 400.00 12124 9/13/06 400.00 12125 9/13/06 32.30 12126 9/13/06 1,074.86 Total $ 15,179.04 Grand Total 639,143.15 TRANSIT WARRANTS CHECKS 210509-210524 CKS 16 TOTAL $10,029.59 LIBRARY WARRANTS CHECKS 210525-210580 CKS 56 TOTAL $197,056.84 City of National City WARRANT REGISTER # 12 9/19/2006 001 GENERAL FUND 202,741.77 104 LIBRARY FUND 3,787.96 105 PARKS MAINTENANCE FUND 22.40 108 LIBRARY CAPITAL OUTLAY 15,836.77 120 PLAN CHECKING REVOLVING FUND 54,960.06 125 SEWER SERVICE FUND 29.46 212 PERSONNEL COMPENSATION FUND 125.00 230 ABANDONED VEHICLE ABATEMENT GRANT 163.41 246 WINGS GRANT 104.16 253 RECREATIONAL ACTIVITIES FUND 398.65 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 38.63 284 Literacy Initiatives XIV 59,786.30 285 EASY VOTER GUIDE II 40,000.00 287 AMERICORPS LSTA III 10,210.00 288 PRIME TIME L 4,692.00 291 AMERICORPS CNCS YEAR 3 75,478.22 301 GRANT-C.D.B.G. 353.60 302 CDC PAYMENTS 16,628.61 303 CAPITAL FACILITIES FUND 420.00 307 PROPOSITION A" FUND 783.93 312 STP LOCAL/TRANSNET HIGHWAY 1,244.36 320 LIBRARY GRANTS 1,308.78 552 TDA 10,029.59 626 FACILITIES MA1NT FUND 68,060.97 627 LIABILITY INS. FUND 15,179.04 628 GENERAL SERVICES FUND 15,673.83 631 TELECOMMUNICATIONS REVOLVING 53.47 632 GENERAL ACCOUNTING SERVICES 2,919.33 643 MOTOR VEHICLE SVC FUND 29,859.67 724 COBRA/RETIREE INSURANCE 7,923.18 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 330.00 TOTAL 639,143.15 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. B DGET & ITj STMENT 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 17th OF OCTOBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT OCTOBER 17, 2006 MEETING DATE AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER # 13 PREPARED BY Finance DEPARTMENT EXPLANATION Ratification of Warrant Register # 13 per Government Section Code 37208. City Manager Lin Wurbs 619-336-4240 Environmental Review N/A Financial Statement Not applicable. Approved By: Budget & Istment & Officer Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,378,748.27 BOARD / COMMISSION REMMENDATI JNN ATTACHMENTS ( Listed Below ) 1. Warrant Register #13 2. Workers Comp Warrant Registers dated 9/20/06 3. Payroll register dated 9/20/06 Resolution No. A-200 (9/80) PAYEE City of National City WARRANT REGISTER # 13 9/26/2006 DESCRIPTION AFFORDABLE SERVICE APPLIANCES REPAIRS T( ICE MAKER AT MLK COMMUNITY AGUILAR ARJIS ASSI SECURITY, INC. AUSTIN DOORS AZZU BCM MECHANICAL INC. BEST BEST & KRIEGER 14P BEST BEST & KRIEGER LLP BIO-SHIELD 'gOOT WORLD CALIFORNIA COMMERCIAL SECURITY CALIFORNIA POLICE EQUIPMENT CARDIAC SCIENCE CORP. CATHERINE GROBEN CHILDREN'S HOSPITAL CHOICEPOINT CINGULAR WIRELESS CINGULAR WIRELESS CITY-WIDE ELECTRONICS COMMUNITY DEVELOPMENT CONSTRUCTION ELECTRONICS 1NC. CORPORATE EXPRESS COUNTY OF SAN DIEGO JMMINS CAL PACIFIC, LLC DAPPER TIRE COMPANY DEPARTMENT OF JUSTICE REFUND OF CITATION P56951 OVERPAYMENT ARJIS COSTS, JPA COSTS, ARJIS REPAIR BADGE PRINTER DOOR REPAIR - EUCLID FIRE STATION REFUND OF FIRE ALARM PERMIT/OVERPYMNT HVAC MAINTENANCE IN COMPUTER ROOM LIABILITY CLAIM COSTS/LOVE R V. C POLICE LIABILITY CLAIM COSTS/HUNTER V. CITY HAZARDOUS WASTE CLEAN UP MOP 64096 - BOOTS - GISH MOP 45754 - STANDARD KEY MOP 50746 POLICE EQUIPMENT SUPPLIES 9300E-501P. POWERHEART AED G3, SPEC 05-4 REVIEW DOCUMENTS CHILD SEXUAL ABUSE EXAMS AUTO TRACK DATABASE - UNLIMITED ACCESS DATA VOICE AUG 06 SVCS ACCT#992614901 DATA VOICE AUG 06 SVC 619-885-3577 OCT-DEC 06 ALARM MONITORING LAS PALMAS PAYMENT OF CDC'S F500 INTEREST NNE 06 MAINT CONTRACT FOR SECURITY, MOP 45704 OFFICE SUPPLIES MAIL PROCESSING SVCS FOR JULY 06 PCB ASSY-CONTROL PREMIUM TIRES FINGERPRINTING FEES FOR NEW HIRES CHK NO DATE AMOUNT 210672 9/26/2006 280.00 210673 9/26/2006 330.00 210674 9/26/2006 65,257.00 210675 9/26/2006 150.00 210676 9/26/2006 450.00 210677 9/26/2006 197.00 210678 9/26/2006 150.00 210679 9/26/2006 9,275.85 210680 9/26/2006 7,766.95 210681 9/26/2006 2,950.00 210682 9/26/2006 116.35 210683 9/26/2006 13.20 210684 9/26/2006 178.80 210685 9/26/2006 5,980.00 210686 9/26/2006 160.00 210687 9/26/2006 373.00 210688 9/26/2006 100.00 210689 9/26/2006 1,780.35 210690 9/26/2006 11.72 210691 9/26/2006 195.00 210692 9/26/2006 524.84 210693 9/26/2006 843.55 210694 9/26/2006 1,284.91 210695 9/26/2006 2,896.59 210696 9/26/2006 920.50 210697 9/26/2006 599.57 210698 9/26/2006 512.00 1 DIXIELINE LUMBER CO. MOP 45707 RAINSUITS/TOOLS 210699 9/26/2006 168.95 DURRA INK MOP 46766 ENVELOPES 210700 9/26/2006 74.2' ESPIRITU REPLACE UNIFORM ALLOWANCE/ESPIRITU D. 210701 9/26/2006 689.85 FEDEX CONTRACTS TO CRICKET COMMUNICATIONS 210702 9/26/2006 24.66 FIRE ETC #J202490. SAMSON STRAP SET. 210703 9/26/2006 618.40 FLEETPRIDE SENSOR ABS KIT 210704 9/26/2006 109.48 FON-JON KENNELS KENNEL FEES FOR POLICE K9'S 8/22/06 210705 9/26/2006 175.00 GENERATOR POWER SYSTEMS SERVICE LABOR (3 HRS @ $85.00/HR) 210706 9/26/2006 305.00 GTC SYSTEMS, INC. 4 HOURS GTC PROFESSIONAL SVCS 9/5/06 210707 9/26/2006 716.00 HERNANDEZ LIABILITY CLAIM COSTS/HERNANDEZ JULIANA 210708 9/26/2006 117.50 fYDRO-SCAPE PRODUCTS INC. MOP 45720 - IRRIGATION PARTS 210709 9/26/2006 191.31 I.M.P.A.C..GOYERNMENT SVCS CAL CHRGS-THE SPORTS AUTHORITY 210710 9/26/2006 1,104.12 ICMA • ICMA PURCHASE BOOK/DEESE LESLIE 210711 9/26/2006 103.16 IOS INTEGRATED OFFICE SYSTEMS TYPEWRITER MAINTENANCE 10/25/06-10/24/07 210712 9/26/2006 59.00 JOBS AVAILABLE INC. ADVERTISING/LINE AD-7/11/06 210713 9/26/2006 132.60 JUDD ELECTRIC LABOR/MATERIALS-REPAIR VOLTAGE PROBLEM 210714 9/26/2006 9,857.8'.. LASER SAVER INC MOP 45725 INK CARTRIDGE FOR HP 1160 210715 9/26/2006 48.43 LEXIS-NEXIS LEXIS-NEXIS ONLINE CHARGES AUG 2006 210716 9/26/2006 132.91 LINCOLN EQUIPMENT INC. 39" TUBE LUTZ TRANSFER PUMP, #11-130. 210717 9/26/2006 934.03 LOPEZ TRANSLATION SVCS FOR 9/19/06 210718 9/26/2006 100.00 MAN K-9 INC. WEEKLY MAINTENANCE TRAINING, AUG 06 210719 9/26/2006 800.00 METROCALL METROCALL PAGING SVC 210720 9/26/2006 735.74 MILE OF CARS ASSOCIATION CITY SHARE WORK PERFORMED/MILE OF CARS 210721 9/26/2006 2,638.38 MONSTER, INC. ADVERTISING/JOB POSTINGS-8/23-08/23/07 210722 9/26/2006. 2,000.00 N C CHAMBER OF COMMERCE CHAMBER -NAVY LUNCH/EISER & SILVA 210723 9/26/2006 60.00 NATIONAL NOTARY ASSOCIATION ERRORS/OMISSIONS INSURANCE ONE YR 210724 9/26/2006 84.00 NIXON-EGLI EQUIPMENT CO. BROOM SHAFT PIVOT. 210725 9/26/2006 250.64 OFFICE TEAM TEMP SRVCS HARROD JILL A W/E 3/17/06 210726 9/26/2006 1,027.95 OFFICE TEAM TEMP SRVCS HARROD JILL A W/E 9/01/06 210727 9/26/2006 889.35 ONE SOURCE DISTRIBUTORS MOP 67256 - SOCKETS 210728 9/26/2006 16.79 P & D CONSULTANTS INC HOUSING ELEMENT WORK 4/29/06 - 7/28/06 210729 9/26/2006 394.00 2 PACIFIC AUTO REPAIR PEACE OFFICERS RESEARCH JRAC LEGAL DEFENSE FUND PROGRESSIVE SOLUTIONS INC. PROTECT AMERICA INC. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM SAFIRO PORTABLE TOILETS SBC/MCI SD NAVY DISPATCH NEWSPAPER SDG&E SIMPLEXGRINNI;LL SMART & FINAL STATE COMPENSATION INS FUND STRATACOM TARGET SPECIALTY PRODUCTS i'HE STAR NEWS THE STAR NEWS THE STAR NEWS HEATER CORE PORAC/PEACE OFFICER RESEARCH ASSOC LEGAL DEFENSE FUND FOR RESERVE OFFICERS RIBBONS FOR STAR RECEIPTS/FINANCE DPT ALARM MONITORING AT MAYOR'S HOUSE MOP 45742;UNIFORMS - PARKS P.E.R.S. SERVICE PERIOD 09-06-3 DELIVERY CHARGES- 4 REG TOILETS T-1, PHONE ISDN LINES 337-257-0757-218 ADVERTISING/DEPUTY FIRE MARSHALL SDG&E - STREET MODEL #1605-9001 TIME CLOCK MOP 45756 STORE MISC/H. R. DPT W/C CLAIM COSTS EXPERT & CONSULT SRVCS MOP 63845 CERTIFICATION OF ELEGIBILITY PESTICIDE REGISTRATION-ROUSTON/JASMUND LEGAL ADVERTISING HEARING 9/08/06 LEGAL ADVERTISING OF HEARING 9/08/06 ADVERTISING OF PUBLIC HEARING, ORDINANCE THE VIDEO COMPANY VIDEO COVERING SUMMER CAMP ON FOX 6 L. 4b A A/At y 1,1312w% THERMO ELECTRON NITON ANA ZER LIMITED WARRANTY EXTENDED TO 24 MONTHS TURF STAR U.S. HEALTHWORKS U.S. HEALTHWORKS UNION TRIBUNE PUBLISHING CO US STERLING CAPITAL CORP #67-1630 - SPACER MED SVC/PRE-EMPLOYMENT PHYSICAL MED SVCS/PRE-EMPLOYMENT PHYSICAL ADVERTISING/FIRE/EXEC ASSIST/POLICE RCRD TRADE SETTLING CHRGS 9/02/06 - 9/08/06 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 FAUCET REPLACEMENT VILLEGAS WALKER 1LLY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD LIABILITY CLAIM COSTS 02/23/06 REFUND B/L CL1136 DUP PYMNT/WALKER D MOP 45763 ELECTRIC SUPPLIES/POLICE DPT LIABILITY CLAIM COSTS ADOLFO G V. OFFICE LIABILITY CLAIM COSTS FLORES V. JCPENNEY 210730 9/26/2006 500.00 210731 9/26/2006 80.00 210732 9/26/2006 96.00 210733 9/26/2006 52.76 210734 9/26/2006 29.95 210735 9/26/2006 352.53 210736 9/26/2006 233,385.40 210737 9/26/2006 455.00 210738 9/26/2006 409.34 210739 9/26/2006 175.00 210740 9/26/2006 45,632.50 210741 9/26/2006 675.12 210742 9/26/2006 61.02 210743 9/26/2006 6,765.26 210744 9/26/2006 122.84 210745 9/26/2006 80.00 210746 9/26/2006 284.44 210747 9/26/2006 74.31 210748 9/26/2006 51.25 210749 9/26/2006 84.58 210750 9/26/2006 18,990.00 210751 9/26/2006 212.87 210752 9/26/2006 210.00 210753 9/26/2006 95.00 210754 9/26/2006 1,876.39 210755 9/26/2006 99.81 210756 9/26/2006 1,201.10 210757 9/26/2006 163.25 210758 9/26/2006 135.00 210759 9/26/2006 208.32 210760 9/26/2006 19,551.00 210761 9/26/2006 20,144.44 WOOD & WOOD LIABILITY CLAIM COSTS FRISBIE V. CN 210762 9/26/2006 8,476.51 BAYSHORE TRANSIT MGMT INC PAYROLL - PPE 09/22/06 210763 9/26/2006 47,947.81 BJ'S RENTALS NATIONAL CITY#3 1 016210002#5 DRILL CORE RIG LRG 210764 9/26/2006 189.21 CINTAS FIRST AID & SAFETY 00120 1 CABINET ORGANIZER 210765 9/26/2006 134.09 COPY POST PRINTING BUS ROUTE SCHEDULES . 210766 9/26/2006 1,188.53 COUNTY WIDE EQUIPMENT 1 - 120053 210767 9/26/2006 311.41 DHL EXPRESS (USA)-iNC. SHIPPING CHARGES 210768 9/26/2006 39.88 FEDEX SHIPPING CHARGES 210769 9/26/2006 34.22 FIRST ADVANTAGE CORPORATION RANDOM TESTS 210770 9/26/2006 269.06 JANKOVICH COMPANY DIESEL FUEL 210771 9/26/2006 17,498.78 ..KIMBALL MIDWEST SHOP SUPPLIES 210772 9/26/2006 227.36 KI WANIS CLUB OF NATIONAL CITY ORGANIZATIONAL MEMBERSHIP- JULY-AUG 06 210773 9/26/2006 124.00 METROPOLITAN TRAN�STSYSTEMS COST FOR REPRODUCTION OF INFO. FROM MTS. 210774 9/26/2006 12.90 NEW FLYER PARTS BUS PARTS 210775 9/26/2006 239.40 NEXTEL COMMUNICATIONS NEXTEL PHONES - AUG. 10 TO SEP. 09 210776 9/26/2006 459.22 PAPER PLUS 910038 2530 ULTIMA TOWEL ROLL 210777 9/26/2006 408.42:_� PG AUTO PARTS ELECTRICAL LABOR CHGS TO INSTALL AMRMATURE 210778 9/26/2006 120.00 SATURN OF NATIONAL CITY 1 SN 22710031 113G PUMP FIT-FU 210779 9/26/2006 289.65 SBC PHONE SERVICE - SEPT. 05 THRU OCT. 04 210780 9/26/2006 367.26 SOS ROOTER INC. COST TO PULL TRAP AND CLEAR KITCHEN 210781 9/26/2006 250.00 SOUTH COAST MEDICAL CLINIC PRE -EMPLOYMENT TEST 210782 9/26/2006 108.00 SWEETWATER AUTHORITY WATER - 06/28/06 TO 08/29/06 210783 9/26/2006 597.05 THE LIGHTHOUSE AUTO PARTS 210784 9/26/2006 260.52 THERMO KING BUS PARTS AS NEEDED FOR FY07 210785 9/26/2006 281.21 UNIFIRST MAINTENANCE LAUNDRY SERVICE 210786 9/26/2006 74.19 W.W. GRAINGER, INC. AUTO PARTS 210787 9/26/2006 397.60 WEBSTER APTA MEETING/TRAVEL EXPENSE/WEBSTER J. 210788 9/26/2006 118.60 WINCAL TECHNOLOGY CORP DVR REPAIRS 210789 9/26/2006 2,393.50 Total Workers compensation checks 562,929.31 12127 9/20/2006 301.05 4 Total Total PAYROLL Pay period Start Date End Date Check Date 286 8/29/2006 9/11/2006 9/20/2006 Total 12128 9/20/2006 89.06 566.87 12130 9/20/2006 322.77 85.29 12132 9/20/2006 917.70 12133 9/20/2006 753.83 12134 9/20/2006 72.25 12135 9/20/2006 191.15 12136 9/20/2006 404.20 12137 9/20/2006 59.29 12138 9/20/2006 212.68 152.61 12140 9/20/2006 166.45 12141 9/20/2006 130.01 12142 9/20/2006 440.00 12129 12131 9/20/2006 9/20/2006 12139 9/20/2006 4,865.21 567,794.52 810,953.75 GRAND TOTAL 1,378,748.27 TRANSIT WARRANTS CHECKS 210763-210789 CKS 27 TOTAL $74,341.86 001 104 105 109 125 130 154 159 172 173 174 188 - - 19'f" 212 230 246 254 273 291 294 301 302 307 320 552 626 627 628 629 630 631 632 643 City of National City Warrant Register # 13 9/26/2006 GENERAL FUND 916,928.45 LIBRARY FUND 7 25,957.12 PARKS MAINTENANCE FUND 18,962.08 GAS TAXES FUND 3,341.83 SEWER SERVICE FUND 19,097.14 EMT-D REVOLVING FUND 5,980.00 STATE PUBLIC LIBRARY FUND 2,909.46 GENERAL PLAN UPDATE RESERVE 394.00 TRASH RATE STABILIZATION FUND 1,685.06 NATIONAL SCHOOL DIST CONTRACT 1,002.11 SWEETWATER SCHOOL DIST CONTRAC 5,049.57 GRANT - HIDTA 1,485.11 STOP PROJECT 7,964.93 PERSONNEL COMPENSATION FUND 7,398.94 ABANDONED VEHICLE ABATEMENT GRANT 1,433.85 WINGS GRANT 28,371.97 LEAD -BASED PAINT HAZARD REDUCTION GRANT 7,432.82 CBAG-MAJOR MEXICAN TRAFFICKERS 3,116.29 AMERICORPS CNCS YEAR 3 1,477.63 HUD HEALTHY HOMES GRANT 2,870.43 GRANT-C.D.B.G. 29,123.43 CDC PAYMENTS 28,131.69 PROPOSITION A" FUND 5,418.18 LIBRARY GRANTS 3,913.27 TDA 74,341.86 FACILITIES MAINT FUND 51,402.32 LIABILITY INS. FUND 80,987.12 GENERAL SERVICES FUND 8,516.04 INFORMATION SYSTEMS MAINTENANC 4,414.19 OFFICE EQUIPMENT DEPRECIATION 716.00 TELECOMMUNICATIONS REVOLVING 4,760.25 GENERAL ACCOUNTING SERVICES 13,669.11 MOTOR VEHICLE SVC FUND 10,496.02 Total 1,378,748.27 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 BEE AUDITED AS REQUIRED BY LAW. STMENT 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 17th OF OCTOBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT OCTOBER 17, 2006 .MEETING DATE AGENDA ITEM NO. 15 (ITEM TITLE WARRANT REGISTER # 14 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 14 per Government Section Code 37208. Environmental Review FinanNelt4a Anne. N/A Approved By: Budget & Inve ent Officer Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 262,639.72 BOARD/COMMISSION RECONAENDATIO J ATTACHMENTS iste B I ) vvarrai It egisier 414 2. Workers Comp Warrant Registers dated 9/27/06 &V.,(4/1U,/ Resolution No. A-200 (9/80) Payee CA ASSO OF CODE ENFORCE CONSTELLATION PROP GRP GIEDD GIL GIL HOLIDAY INN EXPRESS rTHNIC DELI&CAFE ACCOUNTEMPS ACCOUNTEMPS ACEDO ACFEI ALL AMER SEWER TOOLS ASG SIGNS ASSI SECURITY, INC. BAKERSFIELD COLLEGE BDS ENGINEERING INC BOOT WORLD BOYD C W REED JR A CONE OF ARSON INV CA. FIRE CHIEFS ASSOC City of National City WARRANT REGISTER # 14 10/3/2006 Description CACEO ANNUAL SEMINAR REGIST/GIL S "REVOLUTION 5K RUN/WALK" AD RCT REGISTRATION /GIEDD TIM REIMB AIRLINE TRAVEL /GIL SALVADOR REIMB VERGARA AUTO RENTAL/GIL S. LODGING CONF/CACEO MEETING SANDWICHES FOR 9/30/06 RALLY TEMP SVCS M REBELEZ W/E 06/09/06 TEMP SVCS M REBELEZ W/E 09/08/06 RETIREE HEALTH BENEFITS OCT 2006 RENEW MEMBERSHIP- BATTALION CHIEF NOZZLE JET PAK (4 NOZZLES) MAPS INTELLIGENT CONTROLLER ENV TRAINING/JASMUND DON DEPOSIT #842 PLAZA VILLAGE CONDO MOP 64096 SAFETY BOOTS/BLDG & SAFE RETIREE HEALTH BENEFITS OCT 2006 RETIREMENT 2000964-S90 FOR OCT 2006 RENEW CCAI MEMBERSHIP FOR CONDON RENEW MEMBERSHIP FOR CHIEF JUNIEL chk no chk date amount 210790 9/27/2006 415.00 210791 9/27/2006 300.00 210792 9/27/2006 75.00 210793 9/27/2006 557.20 210794 9/27/2006 117.54 210795 9/27/2006 332.64 210796 10/2/2006 407.09 210797 10/3/2006 1,480.00 210798 10/3/2006 888.00 210799 10/3/2006 160.00 210800 10/3/2006 145.00 210801 10/3/2006 558.36 210802 10/3/2006 1,890.51 210803 10/3/2006 938.00 210804 10/3/2006 210805 10/3/2006 210806 10/3/2006 210807 10/3/2006 210808 210809 210810 10/3/2006 10/3/2006 10/3/2006 465.00 898.00 843.51 145.00 1,016.02 55.00 150.00 CA COMMERCIAL SECURITY CA POLICE EQUIPMENT CARRANZA CHILDREN'S HOSPITAL CHILDREN'S HOSPITAL CINGULAR WIRELESS COMMUNITY DEVELOPMENT COUNTY OF SAN DIEGO COURTYARD BY MARRIOTT COURTYARD BY MARRIOTT CUMMING D. PEARCE/RPM WELDING DAY WIRELESS SYSTEMS DEFRATIS DICERCHIO DREDGE. EISER III ER EQUIP ENGINEERING ENV HEALTH COALITION EWERT, PHILLIP FEDEX GALLS, INC. GORMSEN APPLIANCE CO HAMILTON HARRIS & ASSOCIATES HOME DEPOT/GECF HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS HdL COREN & CONE MOP 45754 - CARD READER MOP 50746 NIK FLEX CUFFS #5010 REIMB FOR REGIST/BOOKS/CARRANZA S. TEDDY BEAR DRIVE DONATION CHILD SEXUAL ABUSE EXAMS DATA VOICE SVC ACCT# 0045518590 PAYMENT OF CDC'S F500 INTEREST 6/01/06 SUN/CLETS USAGE FROM 7/01/05 - 6/30/06 ADV LODGING/TRIVIZ ADV LODGING/STRASEN LIABILITY CLAIM COSTS MOP 45749 - EL TOYON REPAIRS COMMUNICATIONS EQUIPMENT SERVICE RETIREE HEALTH BENEFITS OCT 2006 RETIREE HEALTH BENEFITS OCT 2006 RETIREE HEALTH BENEFITS OCT 2006 TRAVEL EXPENSE REIMB ENG PURCHASE OF FLEX CUFFS LEAD HAZARD OUTREACH- AUG 06 RETIREE HEALTH BENEFITS OCT 2006 PAYMENT FOR FEDEX CHARGE TRAFFIC CONTROL VESTS, FLUORESCENT DOOR HANDLE RETIREE HEALTH BENEFITS OCT 2006 SERVICES - AUGUST 2006 SIGNS: "CAUTION: SLIPPERY WHEN WET" EMPLOYEE ASST PROGRAM OCT 2006 MOP 45720 - ROTOR CONTRACT SVC PROP TAX OCT-DEC 2005 210811 10/3/2006 489.36 210812 10/3/2006 3250 210813 10/3/2006 125.57 210814 10/3/2006 1,250.00 210815 10/3/2006 373.00 210816 10/3/2006 1,217.66 210817 10/3/2006 203.42 210818 10/3/2006 2,168.55 210819 10/3/2006 516.00 210820 10/3/2006 516.00 210821 10/3/2006 200.00 210822 10/3/2006 492.33 210823 10/3/2006 867.99 210824 210825 210826 210827 210828 210829 210830 210831 210832 210833 210834 210835 210836 210837 210838 210839 10/3/2006 120.00 10/3/2006 70.00 10/3/2006 250.00 10/3/2006 308.00 10/3/2006 15.52 10/3/2006 18,253.69 10/3/2006 160.00 10/3/2006 49.76 10/3/2006 1,502.17 10/3/2006 128.59 10/3/2006 100.00 10/3/2006 183.50 10/3/2006 75.27 10/3/2006 816.24 10/3/2006 440.19 10/3/2006 880.47 2 IAFC MEMBERSHIP KIMBLE __JLANDA KOLANDA LASER SAVER INC LIMFUECO LINCOLN EQUIPMENT INC. MAAC PROJECT MATIENZO IAFC MEMBERSHIP FOR CHIEF JUNIEL RETIREE HEALTH BENEFITS OCT 2006 REFUND OVERPAYMENT-KOLANDA R RETIREE HEALTH BENEFITS OCT 2006 MOP 45725 Q6511A COMPATIBLE TRAVEL EXPENSES REIMB/T LIMFUECO HEAVY DUTY VAC HOSE, 2"X75' CONTRACT -LEAD HAZARD CNTRL 7/06 RETIREE HEALTH BENEFITS OCT 2006 MATTHEW BENDER & CO INC MID SUBSCRIPTION ENG PENAL CODE MCCABE MILLER MYERS NC CHAMBER OF COMMERCE RETIREE HEALTH BENEFITS OCT 2006 UNIFORM REIMB/MILLER CHIRSTOPHER RETIREE HEALTH BENEFITS OCT 2006 RENEW MEMBERSHIP -CHIEF CONDON CHAMBER OF COMMERCE 50TH ANNUAL SALUTE -NAVY LUNCH NAPA AUTO PARTS NATIONAL CITY CAR WASH NOSAL, WILLIAM A. MOP 45735 - ALTERNATOR UNIT #374 CAR WASHES FOR CITY FLEET RETIREMENT SETTLEMENT FOR OCT 2006 OUCHI'S POWER EQUIPMENT MOP 45740 - EDGER PACIFIC MUNICIPAL CONSULT ASSISTANT PLANNER CONSULT AUG'06 PARADISE VALLEY HOSPITAL PAW PERVO TRAFFIC CENTER PLANET BIDS, INC. PORTER POSITIVE PROMOTIONS ''.OTTER PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORP. CNTRCT TO PERFORM 'HEALTHY HOMES' RETIREE HEALTH BENEFITS OCT 2006 MOP 45742 - PAINT BIDS ON LINE SVC/SUPPORT 7/1/06-9/30/07 LIABILITY CLAIM COSTS/PORTER T JUNIOR FIRE HATS. RETIREE HEALTH BENEFITS OCT 2006 MOP 45742 - UNIFORMS PARKS GRANULAR SEWER LINE MAINTAINER 210840 10/3/2006 215.00 210841 10/3/2006 300:bfr 210842 10/3/2006 308.19 210843 10/3/2006 135.00 210844 10/3/2006 121.65 210845 10/3/2006 903.40 210846 10/3/2006 499.41 210847 10/3/2006 75,270.00 210848 10/3/2006 100.00 210849 10/3/2006 16.17 210850 10/3/2006 280.00 210851 10/3/2006 74.64 210852 10/3/2006 140.00 210853 10/3/2006 65.00 210854 10/3/2006 60.00 210855 10/3/2006 347.45 210856 10/3/2006 308.00 210857 10/3/2006 956.73 210858 10/3/2006 281.87 210859 10/3/2006 6,150.00 210860 10/3/2006 13,616.00 210861 10/3/2006 340.00 210862 10/3/2006 494.25 210863 10/3/2006 7,000.00 210864 10/3/2006 435.00 210865 10/3/2006 249.38 210866 10/3/2006 150.00 210867 10/3/2006 998.39 210868 10/3/2006 569.53 RAY RUIZ SAINZ SAINZ SAMANIEGO SBC/MCI SBC/MCI SBC/MCI SCHMIDT DESIGN GROUP SD CNTY FIRE INVESTIGATORS SD CNTY FIRE CHIEFS ASSN SD COUNTY FIRE CHIEFS/F.P.O. SDG&E SHORT, CRAIG SMART & FINAL SOUTHERN CA TRUCK STOP STRASEN TELLEZ TETRA TECH ASL, INC. TOPECO PRODUCTS TRIARCO ARTS & CRAFTS INC TRIVIZ VALLEY IND SPECIALTIES VIORA WATERLINE - PSOC WILLY'S ELECTRONIC SUPPLY ZIETLOW, DAVID A*MERICAN FIRE EQUIP ARCO GASPRO PLUS RETIREE HEALTH BENEFITS OCT 2006 RETIREE HEALTH BENEFITS OCT 2006 SWC TUITION & BOOK REIMB/SAINZ L REIM FOR ICC MEMBERSHIP/SAINZ L REIMB FOR MILEAGE/SAMANIEGO R T-1, PHONE, ISDN LINES 619-477-9738-643 T-1, PHONE, ISDN LINES 619-336-1330-757 T-1, PHONE, ISDN LINES 619-336-6700 JUNE 2006 SERVICES SD CFIA MEMBERSHIP/CONDON RENEW MEMBERSHIP/JUNIEL & CONDON SD CFPO MEMBERSHIP/DREW SDG&E - FACILITIES RETIREE HEALTH BENEFITS OCT 2006 MOP 45756 MINUTEMAN RALLY MOP 45758 ULTRA LOW SULFUR ADV MEALS/STRASEN COST OF A FLAG REIMB/JOSE TELLEZ ST RESURFACING INSPECTION 7/30-8/25 MOP 63849 - SCREW/NUT MISCELLANEOUS CRAFT SUPPLIES ADV MEALS/TRIVIZ MOP 46453 CABLE PARAMEDIC TEST FEES REIMB/VIORA B CHEMICALS FOR MUNICIPAL POOL MOP 45763 - CABLES RETIREE HEALTH BENEFITS OCT 2006 FIRE EXTINGUISHERS FOR BUSES FUEL FOR STAFF VEHICLES 210869 10/3/2006 190.00 210870 10/3/2006 310:bd 210871 10/3/2006 465.37 210872 10/3/2006 35.00 210873 10/3/2006 63.96 210874 10/3/2006 168.95 210875 10/3/2006 104.01 210876 10/3/2006 16.42 210877 10/3/2006 402.50 210878 10/3/2006 15.00 210879 10/3/2006 150.00 210880 10/3/2006 25.00 210881 10/3/2006 28,082.59 210882 10/3/2006 300.00 210883 10/3/2006 887.68 210884 10/3/2006 213.21 210885 10/3/2006 108.00 210886 10/3/2006 78.33 210887 10/3/2006 537.94 210888 10/3/2006 8.74 210889 10/3/2006 464.63 210890 10/3/2006 108.00 210891 10/3/2006 802.25 210892 10/3/2006 457.00 210893 10/3/2006 832.69 210894 10/3/2006 17.26 210895 10/3/2006 150.00 210896 10/3/2006 382.74 210897 10/3/2006 700.32 4 BLUE SHIELD OF CA DENTAL INS. OCTOBER '06 210898 10/3/2006 702.40 COLORALL TECHNOLOGIES BUS REPAIRS 210899 10/3/2006 525:06- ..JRPORATE EXPRESS OFFICE SUPPLIES 210900 10/3/2006 21.68 DIRECT TV DIRECT TV - 09/13/06 TO 10/12/06 210901 10/3/2006 74.98 DIXIELINE LUMBER CO SHOP SUPPLIES 210902 10/3/2006 168.26 FLEET SERVICES, INC 1 MI 3558189X REMAN COMPRESSOR 210903 10/3/2006 1,059.53 GFIGENFARE FAREBOX PARTS 210904 10/3/2006 1,684.39 KAISER HEALTH PLAN MEDICAL INS. NOVEMBER '06 210905 10/3/2006 10,501.00 MCDONALD TRANSIT . SVCS RENDERED FOR MGMT-SEP 06 210906 10/3/2006 12,776.40 NAPA AUTO PARTS AUTO PARTS 210907 10/3/2006 140.12 NATIONAL INTERSTA 1'L INS LIABILITY INSURANCE 210908 10/3/2006 15,039.15 NC CHAMBER OF COMMERCE ANNUAL DUES 10/01/06 TO 10/01/07 210909 10/3/2006 400.00 NEW FLYER PARTS BUS PARTS AS NEEDED FOR FY07 210910 10/3/2006 1,608.40 NORTHWEST PUMP & EQUIP DOUBLE TIME LABOR 210911 10/3/2006 1,929.92 FNEY BOWES CREDIT CORP MAILING SYSTEM - 06/30 TO 09/30 210912 10/3/2006 141.00 PRINCIPAL FINANCIAL GROUP 401K - PAYROLL PPE 09/16/06 210913 10/3/2006 2,995.88 PROCHEM SPECIALTY SUPERSHINE 125 LBS DRUM POWDER BUS 210914 10/3/2006 146.81 SAN DIEGO COUNTY SHERIFF PPE 09/02/06 & 9/16/06 GARNISHMENT 210915 10/3/2006 170.00 SAN DIEGO FRICTION PROD. BUS PARTS 210916 10/3/2006 183.18 SUPERIOR CLEANING EQUIP HORIZONTAL COALESCING 210917 10/3/2006 394.20 TARULLI TIRE INC.-SD TIRES FOR BUSES 210918 10/3/2006 3,720.56 THERMO KING BUS PARTS 210919 10/3/2006 3,274.79 UNIFIRST MAINTENANCE LAUNDRY SVC 210920 10/3/2006 74.19 Workers compensation checks Total $247,836.94 12143 9/27/2006 47.60 12144 9/27/2006 47.60 12145 9/27/2006 261.56 12146 9/27/2006 220.00 12147 9/27/2006 167.88 12148 9/27/2006 83.94 12150 9/27/2006 44.28 12151 9/27/2006 141.81 12152 9/27/2006 2,954.91 12153 9/27/2006 45.90 12154 9/27/2006 250.00 12155 9/27/2006 625.73 12156 9/27/2006 145.24 12157 9/27/2006 2,095.43 12158 9/27/2006 340.08 12159 9/27/2006 35.70 12160 9/27/2006 35.70 12161 9/27/2006 194.39 12162 9/27/2006 55.34 12163 9/27/2006 52.25 12164 9/27/2006 82.26 12165 9/27/2006 1,293.62 12166 9/27/2006 11.94 12167 9/29/2006 78.42 12168 9/27/2006 81.12 12169 9/27/2006 97.90 12170 9/27/2006 124.60 12171 9/27/2006 17.80 12172 9/27/2006 87.21 12173 9/27/2006 209.45 12174 9/27/2006 2,145.02 12175 9/27/2006 400.00 12176 9/27/2006 400.00 12177 9/27/2006 400.00 12178 9/27/2006 400 015 12179 9/27/2006 10.26 12180 9/27/2006 10.68 12181 9/27/2006 32.30 12182 9/27/2006 1,074.86 Total Grand Total $14,802.78 262,639.72 TRANSIT WARRANTS CHECKS 210896-210920 CKS 25 TOTAL $59,114.90 City of National City WARRANT REGISTER #14 10/3/2006 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 21,087.50 111 P.O.S.T. FUND 931.52 125 SEWER SERVICE FUND 1,311.96 130 EMT-D REVOLVING FUND 1,641.61 204 TRAFFIC EQUIPMENT FOR ALL 457.00 212 PERSONNEL COMPENSATION FUND 905.10 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 5,44.90 294 HUD HEALTHY HOMES GRANT 85,644.90 301 GRANT-C.D.B.G. 21,494.79 302 CDC PAYMENTS 2,274.36 307 PROPOSITION A" FUND 561.95 348 STATE GRANT 537.94 552 TDA 402.50 626 FACILITIES MAINT FUND 59,114.90 627 LIABILITY INS. FUND 30,979.60 629 INFORMATION SYSTEMS MAINTENANC 15,687.78 631 TELECOMMUNICATIONS REVOLVING 7,000.00 632 GENERAL ACCOUNTING SERVICES 1,507.04 643 MOTOR VEHICLE SVC FUND 3,711.64 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,898.00 898.00 TOTAL 262,639.72 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 17th OF OCTOBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 16 ITEM TITLE public Hearing — Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue. (Applicant: Christie Radder) (Case File No. S-2006-7) PREPARED BY Martin Reeder 336-4310 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on this item at their October 2, 2006 meeting, where the commissioners voted to approve the requested Tentative Subdivision Map. The attached background report describes the development proposal in detail. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION gclp Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION Planning Commission approved the Tentative Subdivision Map. Ayes: Alvarado, Baca, Carrillo, De La Paz, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 3. Location Map 6. Exemption 2. Planning Commission Resolution No. 33-2006 4. Site Photographs 7. Application Including Findings and Conditions of Approval 5. Department and Agency Comments 8. Applicant's Plans (Exhibit A) A-200 (9/99) BACKGROUND REPORT The project site is located at 1445-1645 Tidelands Avenue on the east side of the street, about 500 feet south of Civic Center Drive, in the Medium Manufacturing - Coastal Zone (M vl-CZ) Zone. The approximately four and a half -acre site, triangular lot lies between a strip of unused railroad right-of-way to the west of the property and BNSF railroad tracks to the east. The lot is developed with four one-story industrial buildings. The largest of the four (1645 Tidelands Ave.), located in the southerly portion of the site, is approximately 74,000 square feet in size and was built in 1969. It is currently occupied by a single tenant. The other three buildings, permitted in 1989, consist of small bay, multi -tenant industrial uses. 1445 Tidelands, the smallest building, is located in the northern corner of the lot and has two suites totaling approximately 3,500 square feet; 1535 Tidelands is adjacent to the eastern property line, and is comprised of 16 suites for a total of 24,000 square feet; finally, 1545 Tidelands is in the middle of the complex and oriented towards the front of the property; it also has 16 suites, and has around 20,000 square feet of floor area. Overall there are 35 existing suites with a total of approximately 121,500 square feet of leasable space. There are parking spaces for approximately 115 cars spread throughout the facility, and limited portions of the interior parking area and the perimeter are landscaped. The applicant proposes a one -lot subdivision to allow for individual ownership of the existing manufacturing suites and for common ownership of the land. There will be 34 standard industrial condominium units in the three smaller buildings (existing), and up to 6 condominium units within the larger building, for a total of up to 40 industrial condominium units. The final layout of this building will be shown on the Final Map. The applicant has stated it is their intention to offer the suites to the current occupants first. They have also indicated that no significant improvements or physical changes to the site are planned at this time. This is the City's first proposal to create industrial condominiums, although there was a recent commercial condominium conversion of a medical office building in 2004. Under both State and Municipal law the creation or conversion of non-residential property to condominium ownership is not as heavily regulated, as are residential condominium conversions. Specifically, there are neither special public noticing requirements nor requirements for detailed property condition reports, although such a report was provided with the application. With no planned physical changes to the property, the proposal is primarily a change in the form of ownership. The property condition report detailed a number of immediate and short-term conditions needing repair. Conditions of approval require that all immediate and short-term repairs be completed prior to recordation of the Final Map. The necessary repairs include: • Damaged asphalt, concrete and curbs; Missing portions of chain link fence; • Non-functional pole lights; • Leaking and damaged downspouts and gutters; • Porch roof damage; • Chipped concrete and damaged siding on exterior walls; • Unstable exterior staircases; • Broken windows along the railroad tracks; • Rusted and old sprinkler mains and exterior piping; • Leaking hose bib. The project proposal is consistent with General Plan policies in that it has the potential to result in better property maintenance, would likely result in the continued operation of a number of professional businesses, and an increase in property values. Additionally, an industrial park complex is a strongly encouraged use in the area. The Planning Commission held a public hearing on October 2, 2006. Discussion focused on conditions of approval, primarily those requiring the immediate and short- term repairs, and the undergrounding of utilities. The Commission voted to approve the application finding the site suitable for the proposed condominium conversion, and that the project is consistent with all applicable General Plan Policies. RESOLUTION NO. 33-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION MAP TO CREATE CONDOMINIUM OWNERSHIP OF AN EXISTING INDUSTRIAL PARK AT 1445-1645 TIDELANDS AVENUE. APPLICANT: CHRISTIE RADDER. CASE FILE NO. S-2006-7 WHEREAS, application was made for approval of a Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue on property generally described as: A parcel of land located in the City of National City, County of San Diego, State of California, being that portion of the Califomia Southern Railroad (predecessor of the Atchison Topeka Santa Fe Railway Company) terminal grounds, as said terminal grounds are shown on map of National City, California, filed October 2, 1882, as per Map No. 348, in the Office of the Recorder of said County. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on October 2, 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. S-2006-7 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map, support the following findings: 1 The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will result in increased property valuation while increasing the likelihood of adequate property conservation, and since there are no applicable specific plans. The site is physically suitable for the proposed type of development, since no development is proposed; only a change of ownership of existing development will take place. 3, The site is physically suitable for the proposed density of development, since no development is proposed; only a change of ownership of existing development will take place. 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 no development is proposed; only a change of ownership of existing development will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will continue to be provided. 6. The design of the subdivision and the proposed/required improvementsuse of thot e p con ipertY with easements, acquired by the public at large, for access through or 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 Nationalthe Ci y sewer system will not result in violation of existing requirements prescribed by Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes a one -lot division with up to 40 industrial condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S-2006-7, dated 8/31/2006. 2. All of the immediate and short-term repairs as recommended by the Property Condition Assessment shall be implemented prior to recordation of the Final Map. . 3. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey, subject to review and approval by the City Attorney, to ensure that the improvements for the project site are completed. 4. The developer shall provide a declaration of covenants, conditions and restrictions, nuuung with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the hill cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. A corporation, association, property owners' group, or similar entity shall be formed with the facilities in rite enure development to meet the expenses of such entity, and with authority to control, and ,the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. All parking spaces designated on approved plans shall continue to be striped and shall remain clear and available for the parking of vehicles at all times. 7. Adequate trash disposal containers shall be provided for the tenants of the condominium project. All trash enclosures shall be covered in accordance with Section 7.10.050 (G) of the National City Municipal Code. • 8. All landscape areas, existing and proposed, shall be properly irrigated. All irrigation systems shall be maintained in working order to provide adequate water supply to said landscaping. 9. 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. 10. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 11. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 12. 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. 13. 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. 14. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 15. All new property line survey monuments shall be set on private property, unless otherwise approved. 16. 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 5 17. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 18. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. 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 October 2, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz NAYS: ABSENT: ABSTAIN: CHAIRWOMAN i JS NAVY PROPERTY A420 MT-CZ-UPD/ / I APPROXIMATE PROJECT LOCATION I 1 I 1IQ Lu 0 MM-CZ A001 ZONING BOUNDARIES - - • LOCATION MAP TENTATIVE SUBDIVISION MAP TO CREATE CONDOMINIUM OWNERSHIP OF AN EXISTING INDUSTRIAL PARK AT 1445-1645 TIDELANDS AVENUE S-2006-7 NATIONAL CITY PLANNING DRN. DATE: 9/20/06 INITIAL. HEARING: 10/02/06 it diZ Tidelands Project Existing Site 1/26/06 • PL-EAse REF0tz. 7n Ai7Atri P y AP Fv/C Lo6,4ii& iS OF PHDrbs • 3 • /6 TPC G CORO .aN,m OMB at WT. TIP[ PY TIDELANDS AVENUE SECTION A -A NOT TO SOU PHOTO KEY MAP TIDELANDS INDUSTRIAL PARK CONDOMINIUMS City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR INDUSTRIAL CONDOMINIUMS CONVERSION 1445-1645 TIDELANDS AVENUES Date: May 11, 2006 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: INDUSTRIAL CONDOMINIUMS CONVERSION 1445-1645 TIDELANDS AVENUE 1. 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. 2. 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. 3. 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. ® Recycled Paper FINAL MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 2. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 3. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 4. All new property line survey monuments shall be set on private property unless otherwise approved. 5. 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. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: S-2006-7 Project Location: 1445-1645 Tidelands Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map to create condominium ownership of an existing industrial park complex. Applicant Name and Address: Christie Radder 3434 Fourth Avenue San Diego, CA 92103 Exempt Status: n M Telephone Number: 619-299-5550 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1, Section 15301 (Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA n Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal does not involve any development, nor will it result in an intensification of use. Only the form of ownership of an existing industrial park complex will change. Thus, there is no potential for the proposal to affect the environment. Date: i laiilluig i LLI11 iciail i; Recycled Paper /. RI_ == _ _ --- NATIONAL CITY„ (::ALIF'CIRNIA APPLICATION for X Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number aL212 " .. Filing Fee $ 3e5—O I Rece Nor_._,__.____ Date Received i]�Qi+0 By 1 Lld1l---_ E.A.F. Required Fee $ ____ __ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 5-S9— o-{o — 1 5-6-9 - o'40 --- Y'L PROPERTY LOCATION I`tgS- - /4' 17DELp,..05 A✓EAIto= COMBINED GENERAL PLAN/ZONING DESIGNATION MM-G: - 1"9'AriLFA/ aTNiQ.,AN/ 6 - 1rE,2/ 4un� Tentative Parcel/Subdivision Nlap Application Revised December, 1998 Page 1 of 3 /� CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: CN12-16T1E A . g-AOD t=/L Name: Signature A.K�G 4 (Signature acknowledges that this application is being filed) Address: 3t-f-3‘f FouirN A✓E_ SA,q D/E6o CA 92i0 3 Phone No. (o/q• 219.S55-o Fax No. 6l q? • 211 • `1 q3'-/- Date: !-2. fro6 Signature (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Signa (Signature acknowledges that this application is being filed) Address: '1370 LA- ✓/LLA6E. DR.) Su /T- no, S4,/ 0/EG c", CA- /2/22- Phone No. 851 • S"$ • 33 8 `i' Fax No. 75g 2O3S Date: (- 25- D 6 ,.r Revised December, 1998 ?age 2 of 3 Name: Signature (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: APPLICANT Name: 04/RfST1E A • €ADDE,L (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: FFu2T1-1• A-VgAltlE Secl,J DIE60 CA yzio3 Phone No. 6 (J ZgCt S 550 Fax No. /-1.3 f Date: Tentative ParceUSubdivision Nlap Application Revised December, 1998 Page 3 of 3 /7 NATIONAL CITY PLANNING DEPT EXHIBIT A CASE FILE NO: S-2006-7 DATE: 8/31/2006 VICINITY YAP NO SCALE PTey4WC N)E N4WF 00640(TnY WOJG WA Fourth A 60 .1.1. 9N.Jm A0A'nN Son M CA. 921 3- 9 H9 1 Mom j, (619) 299-5550 PTPfee1 AAdWei IW9;i-16A5 110M ANDS A2(NNF NA0I01401 OTT CAI IFORNIA Project Nan. 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P' a ANGLE .l' 6 40 i0 UST COURSE, CONCAVE JS Of SOUTH FEET M EAST. 4 .FEE wr00 Cr 8' 18: A 7ISY+NC£ OF 5A60 FEE i; 'EE COAL 0 (1 SAND 8047'. F[ 9 HENCE 0802 RLYFEE A;h0L ME An OF A 'ESE CONCAVE E451FPLY , Nn UI.NE 4 RADIUS OF ANN f044^ MRC6LH A MINERAL JE 61.00 Fr, THE CENTER ' l 05 IN A LWE P111017 W +NO MAIN 00' FEET ;OH FROM THE CENTER TINE or SNO RPOR LY S. TO THE MAJN MACH; MANGE ALONG !1H IS' 02' JOT EAST S.OD FEET, NONE OR LESS. TO ME TRUE POINT Of BEGINNING. SAS An'G CThER HYDROCARBON ANC IINER4L SUBSTANCES LMNC N07 LESS THAN IOC mE 0ERCW420EE DE.CAl0E0 LAND. AS RESERYEO IN THE DEED FROM -ME 4TCH150M, Y COMPANY, 4 RANSAS CLRPCWni4C'N, 'D JO. NAACOCN MANUFACTURING COWAN, A TR:ED APRIL 2 1954 1 BCD' SIDS PASS 55 Of OTTICIAL RECORDS. - (�. ASSESSOR:RCEL NUMHRHS L3.e1`A-04D-44. 559- BASIS OF Mf BAVS OF SEAR RMPVW(N1 1200 132 08 (N 1,824,035.a (I E 5 85'37'39" E] GRYD DISVNLf, RINGS MI5 M NERD 83, ZONE 6 CNN BEARING 'I (N I,624166,0. E 6266,573101 AND N0. 46.132590 PER NAP ND. TWAT.. FACTOR = 0000250 AR, i LCVBINE^_ SCALE EaCTOR BASIS OF 'vATIONS ME DAMS OF ELEV. R MLs TURYEY R A RASS vw1 LOCATED IN TIE NORM CURB AT TNr E..DF NCNw,EY BVENUF AND TARE STREET vER CITY OE NATION. Y BOOR 4-177-,. TITLE REPORT CCMMON0E0A.iF LAND PILE ENEMY .DER N0. 03107145-609 DRIED JANUARY 27. 2026. NOTES I. MI5 15 A M4P OF A ONE SOT CONMEROi, GO1100MIWUM PROJECT A5 DEFINED IN SE.. 1350 DF ME man OF CALIFORNIA C1ML CODE. 2 MERE IS NO PROPOSED 098019G ON-511E, 2. MERE IS MR PROPOSED LOT TO BF CREATED FROM MIS MAP. 4. SITE CIXJDIIWNS SHORN ON MIS SURVEY ARE ME RESULT OF A TOPOGRAPHIC SURVEY BY BURNETT 5 Yp1G ENGINEERS ON 07 ANODE FEHRVARY 2006 AND AN AERIAL SURVEY BY MORENO AERIAL PHOTO WRVE15, INC. ON JANUARY 12, 2006. 5, MERE IS N2 NEU, EVIDENCE ON -SITE OF ANY PRENOU3LY FILLED AREAS. 6, MERE AR: NO PROPOSED UBLI. SERVICES (LE. WATER, STpM, SEWER, MOT ON-400 Ex15TNG ON -SITE BARRING STALLS, STANDARD PARKING STALLS • 111 019ABLE0 PARRING STALLS • TOTAL PA¢NMG STALLS • 115 6 DWAINE MISTING 41 PROPOSED • -CZ (MEDIUM MANLFACIUNMM NO A COASTAL Z01E O'2RLAY) 9. MET MONT (40) PLOTTABLE EASEMENTS A AN EASEMENT FOR WATER PIPELINE µOINCIDENTAL PURPOSES GRANIEU TO CALIFORNIA WATER AND TELEPHONE CGM4ANY, A CWVCRAPO9, RECORDED DECEMBER 24, 1953 IN BOON 5094, PAGE 423 OF OFFICIAL RECORDS. AN EASEMENT FOR RAILROAD RIC.41-OF-WAY M'0 INCIDENTAL PURPOSES GRANTED TO ATC0ISCN, TCPENA AND SANTA FE Rm.,CO.. RECBRDF9 APR, 2, 1954 IN BOOM 5192. PAGE 56 OF DFFIOx RECORDS. V AN EASE/ANT FOR ETR'CE OR BOON PCL0ME5, UTAER.RON10 Cg10V115 AN9 INOBCNT0 e0RP05ES GRANTED TO SRA DIEGO GAS 42 ELECTRIC COURANT, RECORDED MARCH 22, 1966 IN BMW TOE, PACE 87 OF OMEN. RECORDS. NON-PLOTTABLE EASEMENTS I. AN EASEMENT FOR RUNES CANALS, OR ADUEWCIS AND RIGHTS INCIDENTAL THERETO AS GRANTED T9 ME NMBALL BROTHERS WATER COMPANY. BY DEED REGORGED W 9044 P. P4GE 124 or OEEOS, 2. AN EASEMENT FOR PA. DEU11ER IN1E55 AND EGRESS .ANTED TO 5µ WECB GAS k ELECTRIC COMPANY, RECORDED NAY 29. :950 AS INSTRUMENT N0. 00-173552 OF OFFICIAL RECORDS. 3. PH EASEMENT FOR ME 1RINSM1551GN MO DISTRIBUTION OF ELECTRICITY, CwuuNIC4110N FACIUO(9 AND APPURTENANCES GRANTED TO 5AM 01EG0 GAS 64 ELECT.: COMPANY, RECDR0E0 MARCH 15, 1989 AS 1N51RVMENT N0, B9-131537 OF OPEC, RECCR05. REFERENCE DRAWINGS I. GAS 2 EIECMIC 3 WATER 4 STORM SCONE FADE Y NAP 2o-239 BOONE FACILITY MAPS 162-1731, 182-1734 CITY OF NAOMIµ CITY DWG. 230-L CRY OF NATIDAL ETV OTTO 230-L SURVEYOR'S STATEMENT: MIS PLAT LF SURVEY WAS PREPARED 3Y NE OR UNDER MY DIRECT,. AND 15 BASED UPON A AERIA AND MELD 50RAEY, Crib JJ-®I"may Y TENTAT" MAP TIDELANDS INDUSTRIAL PARK CONDOMINIUMS • f •IMIS• OMEN OM* av vwn••••Eu+a'.Nu0100 . 0 rel.... .E _.Pmon.'..11AiN��ReAV(u rii Q III A -'A2B'W. 459 CONAER 00!E ANGLE e =-0028]0.495' CW1 SCSCALEf5C.OR . L0W02110 O'. CAiO ShAccE=C40VOUNO DISTANCE . CMBINEO SCAL, FACTOR CS IO v �G 320' 1 � arse e 0r6N AAA. c rev t inch = ri. CONCRETE wall EXIST I STORY CON pC4OPoSED ANCUNI( FCE/WARENOUSE) 16 (VARIES) G 128E 'G-E CURB k GViIEP TIDELANDS AVENUE SECTION A -A NOT 10 SCA2 DRAWN fiY; 55 , 66 PROJECT N0; SSsx. 0 0 N0- E6IST A STORY GWNEACIAL SWLGMG (6PROPOSEJ N15) M EXIST 1 STOPS OONNSKOIAL WADING LEGEND %USTTNr. 11-611 MTN kl(C1WC YEIER MBE ELCc18IC 4RNIWOMR 0ET ELECTRIC VAULT 0 CV ELECTRiC UNE TEt£RHCNF UNE CAS LINE OVERHEAD 'CABLE UNE PIKTER UNE —w— WAIEA VALVE .1W GAIX8L011' 0AEKN1G rY WATER YE. p SCR. NFYX1E SEV R UNE O rL —s— STOW GRAIN UNE —9— SM. GRAM CRATE OGTE awe MET DUSTING ➢1P1141EILRNlS FENCE �F.-y-- WN CWCRETE CONC.0 AC PAVING AWN RAILWAY TMIXS. 1 OJRR R wT1EA 0NWNG ROGIRRINT COVER POLE STREET UGII. ORISEVIAT ACCESS 0SA1ID OM0NO STAB fig 10T66. NWBR Of OMANG STµLS 12 p0OPRR[Y DATA RI[PERrc LINE LOT LINE, wwFOE-RAT US To RWDYIf GpMR. NFIEENNPIUR at RAAN. Tl AI.pY PROPRT'VNE Prepared By Wow BURNER R 61111G S.A. at CIA Wan, Rai AA AEbPNs Phone ! PEP1e_t AEdeu: 1.5-16AS HOVEL ANON ME NA11IXVN aTY CU FNMA Profecl Honk 2OELANOI INOURIRIAL PAR TMTATIF YAP 9ne1 1mc EIS1ING 60,0666. ON�Y.d MIF N4Ad 16. ME 58 t 2 0_.-2_ ELANDS INDUSTRIAL PARK Ti.: L.LANDS AVENUE N, TONAL CITY, CALIIFORNIA 92950 a )/06 Bldg. 1535 1445 t - ; ,F,F f Bldg. 1545 IEw1of65 ¢ of a7A#Ju4t STALLS Bldg. 1645 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 17 AGENDA ITEM NO. ITEM TITLE public Hearing — Amendment to the Combined General Plan/Zoning Map from Private Institutional -Planned Development (IP-PD) to Senior Citizens' Housing -Planned Development (RM-3-PD) for an 11.9-Acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File No. GP-2006-1/ZC-2006-1) PREPARED BY Angela Reeder°, 336-4310 DEPARTMENT Planning EXPLANATION The applicant is requesting a re -zone the project site from Private Institutional (IP-PD) to Senior Citizen Housing (RM-3-PD) to facilitate a 498-unit senior housing community. While the IP Zone currently accommodates hospital -related uses including assisted and independent living complexes, the RM-3 Zone is specifically intended for senior projects. As such, the zone change amendment was submitted along with the owner's associated development applications for the 11.9-acre site, with the intent that the zone change would permit the flexibility needed to build a viable senior development. The Planning Commission held a public hearing on this item at their September 18, 2006 meeting. The attached background report describes the development proposal in detail. Associated items on this agenda include: • Public Hearing for a Planned Development Permit and Tentative Subdivision Map for the proposed senior housing community • Public Hearing for a Street Vacation of a portion of 7th Street that crosses the property Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION Planning Commission recommends approval of the General Plan Amendment/Zone Change. Vote: Ayes- DeLaPaz, Reynolds, Flores, Baca, Alvarado, Carrillo. Abstain- Pruitt ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Recommended Findings 3. Location Map 4. Exemption 5. Application A-200 (9/99) BACKGROUND REPORT The Planning Commission initiated the proposed amendment at their April 2006 meeting and later held a public hearing on the item. The amendment is necessary to allow a project proposed by the applicant, Generations Development LLC, on a large property east of Paradise Valley Hospital in the Private Institutional (IP-PD) Zone. Specifically, the amendment would change the zoning to Senior Citizens' Housing (RM-3-PD), a zone which was added to the General Plan to allow senior developments at a higher density than would otherwise be allowed in the IP Zone. The project area is approximately 11.9 acres in size and is located at 2700 E. 4th Street, between 46 Street, 8`h Street, Paradise Valley Hospital and San Diego Academy. The project site is currently zoned Private Institutional with a Planned Development Overlay (IP-PD). The site is now mostly vacant, including only a credit union that will be replaced, but was previously developed with a private school, hospital offices, and single-family homes. Topographically, the project area consists of a relatively level area in the northern one third and a relatively level area in the southern two-thirds that are separated by an approximately 20-foot-high east -west slope. The subject site is surrounded by single-family homes to the north, San Diego Academy School and 96-unit Paradise Walk housing development under construction to the east, a Church and commercial businesses to the south and Paradise Valley Hospital to the west. PROPOSAL The applicant is requesting a re -zone of the project site from Private Institutional (IP-PD) to Senior Citizen Housing (RM-3-PD) to facilitate a senior housing project. The proposed project includes the demolition of all existing improvements and the construction of a retirement community including both independent congregate units and assisted living units. A total of 498 units are proposed; 405 would be a mixture of 1 and 2 bedroom independent congregate units and 92 would be a mixture of studios and 2-bedroom assisted living units. Independent congregate units are those where seniors live independently, usually in one building, share common areas, social activities and amenities, and eat most of their meals in a common dining room. Assisted living units are similar, but cater to residents less able to function independently in all aspects of their daily lives. All of the units are located within seven residential buildings ranging between 4-6 stories in height and connected via sky -bridges. The project also includes a "Village Square" which includes a fitness center with an Olympic size swimming pool, with two eating areas including outdoor seating, a 250 seat auditorium/cinema, meditation room, art studio, salon, library, book store and health offices. These amenities would be available to the residents of the project. ANALYSIS As stated in the City's General Plan, specifically the Housing Element, it is important to provide housing for all segments of the community, including senior housing opportunities. Senior housing serves an important sector of the community and is becoming increasingly more important as the population ages. The purpose of the RM-3 zoning designation is to allow senior citizen housing, which is defined as housing designed for elderly persons and providing living unit accommodations and spaces for common use by the occupants in social and recreational activities. The General Plan also states that senior housing in this zone must be sponsored by either a public agency or a church. While a senior housing developer is developing the property, Seventh Day Adventist, a religious not -for profit organization which operates Paradise Valley Hospital, will retain the majority interest in the property. As opposed to the IP Zone's maximum density of 22.9 units/acre, the Land Use Code does not set a maximum density limit for the RM-3 zone. Instead, it requires any development within this zoning district be authorized by a Planned Development Permit, including the development standards (i.e. setbacks, open space) and density. As such, the full project proposal and Planned Development Permit are also on tonight's Planning Commission agenda for review and approval. The proposed density of the project is 41.4 dwelling units per acre. This density is consistent with the other senior housing projects in the City (including Kimball and Morgan Towers) which are located in the RM-3 zoning district and also provide housing and associated recreational and food service amenities. Additionally, the project is located in an area that has accessible public transportation and services such as restaurants, shops and medical facilities. The development of this type of housing necessitates higher densities as allowed by the RM-3 zoning district by Planned Development Permit. Therefore, while senior housing is permitted in the IP-PD Zone, without the allowance for higher density, it would be difficult to develop these types of senior housing projects. Planning Commission held a public hearing on this proposal September 18, 2006. The applicant made a short presentation on the project and the pastor from the adjacent church at 2701 E. 8th Street spoke in support of the project and providing housing for our seniors. The Commission voted to recommend approval of the proposal, finding the creation of a senior community with 498 rental units consistent with the General Plan and a benefit to the residents of the City. RECOMMENDED FINDINGS FOR APPROVAL OF REQUESTED ZONE CHANGE 1. That the proposed amendment to the Combined General Plan/Zoning Map changing the subject property to an RM-3-PD zone designation is consistent with and necessary to implement the General Plan, since the General Plan encourages the creation of housing for all segments of the community, including senior housing opportunities, since it increases the City's potential to better serve its elderly population, and since the General Plan requires projects in the RM-3 Zone to be sponsored by public agencies or churches, which the applicant is able to accommodate. 2. That the proposed amendment is in the public interest, since it will allow for a senior housing development in an area that has accessible public transportation and services such as restaurants, shops, and medical facilities. 2 3 ��e 'cden \ , City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. GP-2006-1/ZC-2006-1 Project Location: Approximately 11.9-acres of vacant parcels located at 2700 E. 4th Street, bounded by 4th and 8th Streets to the north and south, and by Arcadia Avenue and Burden Drive on the east and west, within the City of National City Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to National City's Combined General Plan / Zoning Map from Private Institutional — Planned Development (IP-PD) to RM-3-PD (Senior Citizens' Housing) for project site for a proposed senior housing community. Applicant Name and Address: Telephone Number: Michael Parich, Generations, LLC (503) 652-0750 8601 SE Causey, Suite 1 Portland, OR 97266 Exempt Status: n El Statutory Exemption. Categorical Exemption. Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: It can be seen with certainty that the project will not will change the zoning of an 11.9-acre property from Housing (RM-3-PD). The property, which is located with various institutional and commercial uses, and is uses. The change will allow for a senior housing compatible to the development in the immediate area. Date: have a significant effect on the environment. It Private Institutional (IP-PD) to Senior Citizens' in an urbanized area, was previously developed surrounded by a hospital, school, and residential development at a density consistent with and ® Recycled Paper Angela Reeder, Associate Planner 07/01/2006 23:32 5037866451 • GENERATIONSCONSTRUCT PAGE 02/06 ZONE CHANGE NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City • File application with the: National City Planning Department 1243 National City Boulevard National City, ('-alifornia 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 7L-c9t(0- Compatibility with General Plan Filing Fee S i33a. Rece)pstio. Date Received `I/1O/OCQ RA.F. Required Fee S Related Cases CoP - cO(D - 1 SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. APPLICANT MUST FURNISH AN ASSESSOR PAGE OBTAINABLE FROM THE COUNTY ASSESSOR OFFICE OR. A PLAT PREPARED BY A TITLE COMPANY, A LICENSED ENGINEER OK LAND SURVEYOR SHOWING EXACT BOUNDARIES OF THE SUBJECT PROPERTY. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST QUARTER, A PORTION OF THE SOUTHEAST 1/4 OF TH)✓ SOUTHWEST QUARTER, A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, AND A PORTION OF TFIE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF QUARTER SECTION 103 OF RANCHO DE LA NACION ACCORDING TO MAP THEREOF NO, 166, TOGETHER WITH LOTS 6 THROUGH 15 OF TRANQUILLA PLACE ACCORDING TO MAP THEREOF NO. 1433, TOGETHER WITH LOTS 1 THROUGH 4 AND PORTIONS OF LOT 5 AND LOT 16 (HILL DRIVE — PRIVATE) OF PARADISE HEIGHTS ACCORDING TO MAP THEREOF NO 1.0563 ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PROPERTY LOCATION 2 l(x-) Tb+ fir- kte,m. _c.1-1.T / �> No. Street between i'ILlcs,—1,t,] fey. and i4207-1"✓ t ` ► b V Zone Change Application Revised December, 1998 Page 1 o(2 PRESENT GENERAL PLAN/ZONING DESIGNATION r rn PROPOSED GENERAL PLAN/ZONING DESIGNATION 12.M-1 VD PRESENT OVERLAY ZONE DESIGNATION (if applicable) PROPOSED OVERLAY ZONE DESIGNATION (if applicable) PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: A (a , `� c,j,,, in, "Prerd-e Signature Signature (Signatur acknowledges that this (Signature acknowledges that this appl' ation is being filed) application is being filed) Address: q�rsQ,Ua.L[ay fityC:(a,( ado 6, 4`u Sfe-e-f q(a5c. Address: Phone No. (4,/4' 47o —t(`I �7 Fax No. (614) 4770 —� Date: JL4 vt..,L. 3oi 2«ZNe APPLICANT Name: tvu ,MGEL e PArztGia (Please type or print) Signature: Phone No. Fax No. Date: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: Name: c.Ause Y �ji j l 1Z 1 0 rt-aniID" eDPz rt, 972r (cam) ��1- 2zra4 ��x»3) j� -C,24,hI JLY10— Zone Change Application Revised December, 1998 Page 2 of2 7 Silnwe- Y1d\um:6M .T15YL MRS 111415 NIO 6L-Ott-12S Nd1 6Z-DE L-KL Ndl 30 1401.1110,1 30 NOII1IOd CZ -OE I. -KS NM Of -DLL -KS Pi, 13311LS NII IlnIS Iu1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 18 ITEM TITLE Public Hearing and Finding of No Significant Environmental Effect for a Propose Subdivision and Planned Development Permit for a Retirement Community including 497 Senior Residential Units on an 11.9-Acre Vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive (Applicant: Generations Development, LLC.) (Case File No. S-2006-2/PD-2006-1/IS-2006-1) PREPARED BY Angela Reeder, DEPARTMENT Planning EXPLANATION The attached proposal involves a 498-unit senior citizen housing community on approximately 11.9 acres, east of Paradise Valley Hospital. The project includes both assisted living and independent/ congregate units, as well as various amenities for the residents. As a total of 498 units are proposed, the project would address our City's need for housing opportunities for senior residents. The Planning Commission held a public hearing on this item at their September 18, 2006 meeting. The attached background report describes the development proposal in detail. Associated items on this agenda include: • Public Hearing for a General Plan/Zone Change amendment to Senior Citizens' Housing (RM-3) • Public Hearing for a Street Vacation of a portion of 7th Street that crosses the property Environmental Review Financial Statement N/A NIA Proposed Negative Declaration (IS-2006-1) STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION Planning Commission recommends approval of the Tentative Subdivision Map and Planned Development Permit. Vote: Ayes- DeLaPaz, Reynolds, Flores, Baca, Alvarado, Carrillo. Abstain- Pruitt ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 3. Location Map 6. Application 2. Planning Commission Reso. No. 31-2006 4. Depailment/Agency Comments 7. Applicant's Plans (Exhibit C Including Findings & Conditions of Approval 5. Negative Declaration A-200 (9/99) BACKGROUND REPORT The project area includes several parcels totaling approximately 11.9 acres in size and is located at 2700 E. 4th Street, between 4th Street, 8th Street, Paradise Valley Hospital and San Diego Academy. The project site is currently zoned Private Institutional with a Planned Development Overlay (IP- PD) and is owned by Paradise Valley Hospital. It is now mostly vacant, including only a credit union, but was previously developed with private school buildings, hospital offices, and single- family homes. Topographically, the project area consists of a relatively level area in the northern one third and a relatively level area in the southern two-thirds separated by an approximately 20- foot-high east -west slope. The subject site is surrounded by single-family homes to the north, San Diego Academy and a 96- unit housing development under construction to the east (Paradise Walk), a Church and commercial businesses to the south, and Paradise Valley Hospital to the west. PROPOSAL The applicant proposes to demolish the remaining building on the site and build a new retirement "conununity" for residents 55 and older. The development will include a total of 498 residential units, including both assisted living units and independent congregate units. The proposal also includes a Village Square building that will provide a variety of amenitiesand facilities for the community residents. A portion of E. 7th Street that crosses the site is proposed to be vacated and improved as a pedestrian promenade. All on -site utilities will be installed underground. The overall project density is approximately 41.4 units/acre, which is consistent with other senior developments in the City. As senior housing at this density is not currently allowed in the Private Institutional (1P) Zone, a General Plan/Zone Change Amendment is also proposed by the applicant and is required in order to permit this project as proposed. Residential Units The proposed independent congregate units will be divided between six separate buildings. Each of these buildings include four (4) floors of residential units over one and two levels of parking (maximum 75 feet); buildings A and B at the north end of the site are proposed with both basement and lst floor parking. The exterior architectural elements include tile or composite shingle roofs, stucco exteriors with stucco and stone veneer accents, decorative trellis accents, and iron patio railings. Each building also includes private patios for each of the units, varied wall plane design and alternating color schemes, and skybridges connecting the units on the upper levels. The skybridges connect all the buildings providing an interior connection from the southernmost building on 8th Street to the northern end of the property. The assisted living units are all proposed within one building located on the north end of the site along 4th Street. This building is similar in style, but includes only four floors of units with no parking in the building. These units are proposed to accommodate those residents with a higher level of care and do not include patios. Generations Senior Housing Community Public Hearing — October 17, 2006 Page 1 of 6 There will be five floor plans offered, including studios, one bedroom units, one bedroom units with dens, two bedroom units, and two bedroom penthouses. The smaller studio units are only offered in the assisted living building (Building G) and the 22 penthouse units are only offered in the independent buildings (Buildings A & B). The building details are shown below: Size Total Units Studio 1BR 2BR Building A 77 0 48 29 Building B 65 0 42 23 Building C 72 0 40 32 Building D 64 0 48 16 Building E 64 0 47 17 Building F 64 0 48 16 Building G 92 26 42 24 TOTAL 498 26 315 157 Each of the residential buildings are designed in an "L"-shaped pattern and are situated in a way that creates two internal "courtyards" on the site. The northern "courtyard" is situated around a Village Square building, while the southern courtyard is situated around what is described as the village "ellipse." The ellipse is an open space amenity that includes a detention basin for stormwater runoff that also functions as a pond, as well as a groomed grass area and a patio with a fireplace and trellis cover. Village Square The Village Square is a three-story building that will provide social amenities and services for the residents, including an Olympic -length pool, fitness center, credit union, a 250-seat auditorium/cinema, beauty salon, offices, and other uses. A commercial kitchen and two restaurants with different venues will also be provided in the Village Square for residents, with seating inside and out. As this building is a centerpiece of the development and is more visible from 4th Street, the design is similar in style and materials but includes additional architectural features such as a clock tower and arched arcade walkway along the front of the building. This building is also connected to both the independent units and assisted units via skybridges. Site Access The main vehicular access to the site will be from 4th Street at the north end of the site through a landscaped, divided entrance road and past a small gate house. Three additional gated driveways are proposed, two from Arcadia Avenue and one entrance at the intersection of Arcadia Avenue and 6th Street connecting an interior private street and parking facilities. Plans include dedicating 7,800 square feet fronting Arcadia Avenue between 7th and 8th Streets to the City. This portion of the Arcadia is currently closed, but is proposed to be opened and improved in association with the adjacent 96-unit subdivision. However, this additional dedication allows for the widening of this portion of Arcadia by 30-feet and for its further improvement beyond what is currently planned. Mc applicant also requests the City vacate a one -block portion of 7th Street that crosses the southern end of the site in order to create a pedestrian promenade, with only emergency vehicle access being maintained. This portion of the street includes two lanes, is 420 feet long and 40 feet Generations Senior Housing Community wide, totaling approximately 16,800 square feet. The street is improved in this area, including curb, gutter, and sidewalks. No structures are planned in this area; however, residential buildings sit adjacent to the north and south. The closure and use as pedestrian access is intended to provide a connection between the various portions of the community. The Planning Commission previously considered the proposal to vacate this portion of 7th Street and found it was consistent with the General Plan. Along with the new promenade, additional pedestrian access points will be provided from Arcadia Avenue, 4th and 6th Streets. A connection through the site to the hospital campus on the west is also proposed to serve both residents and any hospital employees who may have purchased property in the adjacent subdivision sponsored by the hospital. P Parking is provided for the project from the parking garage and surface parking. A total of 566 parking spaces are provided: 370 covered spaces for the residents, 49 open spaces for residents, 106 guest parking stalls, and 41 employee parking stalls. This results in approximately 0.84 spaces per residential unit. The guest spaces are provided at various locations throughout the project, and the employee parking is provided primarily at the north end of the site near the Village Square and the Assisted Living Facility. Open Space / Landscaping Other significant site improvements include several open space amenities for residents, including putting greens, multiple fire pits and gazebos, shuffleboard courts, bocce ball courts, community gardens, and the previously mentioned village ellipse area. In addition to the ornamental on -site landscaping, the pedestrian and vehicular site entrances will be more distinctly and heavily landscaped. There is an emphasis on the perimeter of the property and a minimum of 15% of the trees along street frontages will consist of larger, specimen trees (more mature trees). The 4th Street frontage and parking lot include a large number of palms, while the remainder of the site includes a mix of trees, shrubs, vines, and groundcover. Several community gardens are proposed throughout the site for residents use. The landscape plans include a water theme that is carried throughout the site. This is visible not only in the central ellipse pond, but also in a main entry fountain, a common area waterfall and pond, several smaller water features, and a "stream" that runs from the Village Square to the ellipse. Finally, to create level building pads, access driveways, and walkways with the large slope that crosses the site, two retaining walls will be constructed along the east and west perimeter of the property. One wall is proposed alongside the driveway between the site and the San Diego Academy softball yards on the east side of the site. The other is along the west side of the site, adjacent to the hospital campus and Building A. The walls each consist of a ground -finish block wall, and range in height from two to fourteen feet. These walls will be heavily landscaped with shade trees, low-, and mid -rise plantings. Tentative Map While the applicant is also requesting a Tentative Subdivision Map in conjunction with their Planned Development Permit, the map is not proposed to create condominium ownership of the Generations Senior Housing Community Public Hearing — October 17, 2006 Page 3 of 6 3 units. The 12-acre project area is comprised of twenty different tax parcels and the intent of the map is to combine and re -draw the parcels into only six lots. The new lots will correspond with the boundaries of the proposed project and the adjacent hospital campus to the west. ANALYSIS Density The proposal to construct a 498-unit senior housing project is consistent with several General Plan goals. The RM-3 zoning designation is very specific in its purpose of allowing senior citizen housing, which is defined as housing designed for elderly persons and providing living unit accommodations and spaces for common use by the occupants in social and recreational activities. The project provides all of these elements and is becoming increasingly more important as the population ages. The City's General Plan, specifically the Housing Element, states that it is important to provide housing for all segments of the community, including senior housing opportunities, and to continue to strengthen the Paradise Valley Hospital area as a regional center for health services. The proposal also supports General Plan goals by incorporating high quality design elements. The General Plan states that senior housing in this zone must be sponsored by either a public agency or a church. While a senior housing developer is developing the property, Seventh Day Adventist, a religious not -for profit organization which operates Paradise Valley Hospital, will retain the majority interest in the property. Unlike other City zoning designations, the General Plan and Land Use Code do not set a maximum density or specific development standards (i.e. setbacks, open space) for the RM-3 zone. Instead, they require any development within this zoning district be authorized by a Planned Development Permit, with the intent to provide flexibility for a desired land use that has different demands and impacts than standard residential housing. The proposed density of the project is 41.4 dwelling units per acre. This density is consistent with the other senior housing projects in the City (including Kimball and Morgan Towers) which are also located in the RM-3 zoning district and provide housing and associated recreational and food service amenities. Additionally, the project is designed in a manner that will meet the needs of seniors and is located in an area that has accessible public transportation and services such as restaurants, shops and medical facilities. The development of this type of housing necessitates the higher densities allowed by the RM-3 zoning district through a Planned Development Permit. Without the allowance for higher density, it would be difficult to develop these types of senior housing projects. Compatibility It is important for the project to not negatively impact nearby single-family residences. Although 35-foot tall development is allowed in the neighboring residential zone to the north, the existing structures across 4`" Street from the project site are primarily one-story. As such, the applicant has placed the shorter four-story assisted living building as well as the large outdoor recreation area along the north property line and increased the setback in order to reduce the bulk of these Generations Senior Housing Community va structures and the impact on adjacent property owners. Properties to the west of the site include hospital, and property to the east includes the San Diego Academy and three-story residential townhomes under construction. These properties should not be negatively impacted by the project and the proposed facility would be compatible with surrounding uses. The proposed units will be buffered from activity on adjacent streets by enhanced landscape areas and appropriate setbacks. Setbacks The project includes setbacks that are comparable or exceed what would be required of a typical condominium or apartment project. For example, the Assisted Living building is setback approximately 30 feet from 4th Street, where only 20 feet would be required for a standard apartment project. Also, the remaining independent living buildings would typically require a 30- foot side setback; the applicant provides 35 to 80 feet setbacks along the west property line, and 35 to 50-feet setbacks along the east property line. The only structure that is closer than would otherwise be permitted without a Planned Development Permit is the southernmost building (bldg F), which sits approximately 21 feet from 8th Avenue and only 7-feet from Arcadia at one point. Parking Chapter 18.58 of the Land Use Code does not include a parking ratio for senior housing developments; therefore, the City determines parking requirements for senior projects on a case -by - case basis. Nationwide, a household in which all persons are over the age of 62, own an average of 0.6 vehicles. In addition, the likelihood of car ownership is reduced for seniors and they are more apt to take advantage of transit services and walk to nearby restaurants and shops. The location of this site is adjacent to transit, shops, and medical services which would reduce the need for the use of a car. If parking for the site were based on a typical apartment complex available to a person of any age with no income restrictions, it would require for 678 residential spaces and 130 guest spaces. However, based on our research of approximately a dozen jurisdictions, it is reasonable to require between 0.5 to 1.0 parking spaces per unit for a senior housing project. The applicant is providing 556 resident parking spaces or approximately 0.84 spaces per unit, and 106 guest spaces, which would be appropriate for this type of development. As a note, the last senior project approved in the City (old Ha' Penny site) provided parking at a ratio of 0.65 spaces/unit. Transit Staff has included a condition of approval requiring the existing bus stop, along E. 8th Street, south of the project site, be improved with a bus shelter, bench, and trashcan. This improvement will provide better facilities for the future residents who are more likely to use these services. Architectural Design The development incorporates several desirable features encouraged by City Design Guidelines. The buildings have a considerable amount of wall plane and roofline variation and include aesthetically pleasing details, and private balconies for each independent living unit, except for those units designed to serve special needs of residents. The community is also designed to complement surrounding uses, and incorporates several elements of the adjacent hospital (i.e. signage, perimeter fencing) and several elements of the adjacent townhome development to the Generations Senior Housing Community Public Hearing — October 17, 2006 Page 5 of 6 east (i.e. colors, materials, trellis details, arched architecture details). The design of this project has incorporated a greater amount of common space than private space. However, the common space includes a wide variety of amenities as previously discussed that are appropriately distributed throughout the site. On -site landscaping consists of a good mix of trees, shrubs and ground cover; a minimum of 15% of tree sizes will also exceed those recommended by the City's Design Guidelines. Traffic The main entrance to the proposed project site is from a public right-of-way (E. 4th Street), and additional entrances are from 6th Street and Arcadia Avenue. The private streets within the site have been designed in accordance with private road standards acceptable to the City Engineering and Fire Departments. A condition of approval has been added to ensure that skybridges are built to a height to allow emergency vehicles to pass beneath them. According to a Traffic Impact Analysis dated August, 2006, by LOS Engineering, Inc., the proposed project would not cause a significant increase in traffic. The traffic study states that the project and 498 senior units will result in a approximately 1,860 average daily trips. Six different scenarios were considered (existing conditions, existing plus project, existing plus cumulative impacts, existing plus cumulative plus project, build -out of site, and build -out plus project). In each case, all roadway segments studied were found to continue to operate under capacity and study intersections were calculated to operate at LOS C or better, except Euclid Avenue and Plaza Boulevard at PM peak hour, which operated at LOS D. The Traffic Impact Analysis also considered stopping sight distance requirements at the 8th Street and Arcadia Avenue intersection and found they met requirements, provided the curb is painted red with appropriate signage to the east 275 feet and west 150 feet (also a condition). The attached proposed Negative Declaration, and the Initial Study supporting it, summarizes the non -significant project impacts to the existing environment. In particular, the effects of traffic generated by the project on nearby roads are considered (see attached Negative Declaration and Initial Study). For example, the approximate 1,860 ADT (Average Daily Trips) generated by the project can be handled by adjacent City streets. Lastly, the additional widening of Arcadia Avenue adjacent to the site will only further improve traffic capacity in that area. Recommended conditions of approval are attached to this report. Engineering Department conditions require various street improvements (curb, gutter, sidewalk), a hydrology study, and a grading/drainage plan. Several technical studies were prepared for the project and are attached, including a soils report, biological letter, sewer capacity study, and traffic report. Improvements to the site design based on these technical studies resulted in a determination of no significant impact and the preparation of a Negative Declaration. Planning Commission held a public hearing on this proposal September 18, 2006. The applicant made a short presentation on the project and the pastor from the adjacent church at 2701 E. 8th ize spoke in support of the project and providing housing for our seniors. The Commission voted to recommend approval of the proposal, finding the creation of a senior community with 498 rental units consistent with the General Plan and a benefit to the residents of the City. Generations Senior Housing Community rage a or b RESOLUTION NO. 31-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PROPOSED SUBDMSION AND PLANNED DEVELOPMENT PERMIT AND FINDING NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A RETIREMENT COMMUNITY INCLUDING 498 SENIOR RESIDENTIAL UNITS ON AN 11.9-ACRE VACANT SITE BETWEEN 4TH AND 8TH STREET AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT LLC CASE FILE NO. S-2006-2/PD-2006-1/IS-2006-1 WHEREAS, the Planning Commission of the City of National City considered Tentative Subdivision Map and Planned Development Permit applications for 498 senior citizen residential units on an 11.9-acre site between 4th Street and 8th Street and between Arcadia Avenue and Burden Drive at a duly advertised public hearing held on September 18, 2006, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. S-2006-2/PD-2006-1 and IS-2006-1 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 18, 2006, support the following findings for the Tentative Subdivision Map and Planned Development Permit. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed senior residential community, at a density of 41.4 units per acre, is consistent with the uses allowed in the Senior Citizens' Housing (RM-3) Zone and the density of other similar senior projects within the City, since the proposal adds infill development suitable for a specific segment of our community as described in the report, and since there are no specific plans applicable to the property. 3. The site is physically suitable for the proposed type of development, since the proposed senior residential community will provide a needed service for senior residents; meet or exceed many design regulations required of non -age restricted apartments; add to the urban character of the area; and the development mostly follows the existing contours of the site and only minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the three- to six - story buildings proposed will be buffered from the established single-family neighborhood adjacent to the east by the San Diego Academy property and a three-story multi -family subdivision currently under construction, will be buffered from the established single-family neighborhood to the north by appropriate setbacks, landscaping, and site layout, and will complement the existing hospital campus to the west. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 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 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, since any easements located on the site will be relocated by condition of approval. 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 Govemment Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its benefit to senior housing needs in the community and the region, and these needs are balanced by the availability of public service and public utilities to the project site. 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT Find that the project will not have a significant effect on the environment and adopt the 2. That the site for the proposed use is adequate in size and shape, since the site can accommodate 498 senior apartments with adequate parking, social services and amenities, and useable common spaces which are appropriate for a senior residential community. 3. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since 498 new senior apartments will generate approximately 1,860 average daily trips (ADT) which can be adequately served by adjacent streets, including East 4th Street, which is a collector with a functional maximum ADT of 10,000, and E. 8th Street, which is a major arterial with a functional maximum ADT of 25,000. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 498 new independent congregate and assisted living housing opportunities will be created in a region facing a growing demand for additional housing, especially senior housing. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (IS-2006-1) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the proposed Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for the Tentative Subdivision Map and Planned Development Permit is approved subject to the following conditions: 1. This Tentative Map and Planned Development Permit authorize the development of a 498 unit senior residential community, including a village square building with social/retail amenities for residents, and open space amenities. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B, dated 8/08/06 and Exhibit C dated 8/21/2006, case file no. S-2006-2/PD-2006-1. 2. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the zone designation affecting the property is amended to Senior Citizens' Residential (RM-3-PD). 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted concurrently with the grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 4. Landscape plans shall include a minimum of 15% of 24" box or greater specimen trees adjacent to public roads and building facades that are visible from public roads and adjacent properties 5. All rooftop equipment shall be shielded from view of the neighboring uses and the method of screening shall be noted on building plans. Plans should correspond with the typical rooftop plan for Building A submitted by the applicant, which shows equipment in recessed rooftop wells, or shall show equipment placed within other approved enclosures or behind barriers, such as parapet walls. 6. A separate permit shall be submitted for review and approval of all signs prior to installation. 7. Waste/recycling plan detailing temporary site storage and disposition of trash and recyclables shall be submitted for review by the Planning Director prior to building permit issuance. All trash enclosures shall be provided with a solid, covered roof. 8. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association Standards (NFPA). 9. Fire access must be provided throughout the development. Minimum roadway width of 20 feet shall be provided, a turning radius of 28 feet, and a vertical clearance of 13 feet 6 inches on all sky bridges, per review and approval of the National City Fire Department. 10. Exterior doors and openings shall be readily accessible for emergency access. Access walkways leading from Fire apparatus access roads to exterior openings shall be provided. 11. Fire protection systems shall be required, per review and approval of the National City Fire Department. 12. Project shall cooperate with the National City Police Department to include provisions for project to comply with the Crime Free Multi -Housing Criteria and Crime Prevention Through Environmental Design standards. 13. All existing and proposed easements within the site boundaries shall be noted on the final map, specifying any proposed to be abandoned or relocated. 14. All new sewer systems installed in conjunction with the development and within the project boundaries shall be maintained by the property owner. 15. A bus shelter, including a bench and trash container, shall be installed along the bus route on 8`h Street prior to occupancy and shall be detailed on the improvement and grading plans. The type, design, and location shall be coordinated with the National City Transit Director. 16. A Hydrology study (100 year flood) shall be submitted to the Engineering Department. The study should consider the proposed project area to the closest municipal stone drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 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 prnif2ct is suhiert to the "Priority Project Permanent Stone Water PMP 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. 18. 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. 19. 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. 20. 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. Grading plan shall be draw on D-si.ze sheets. 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. 21. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 22. 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. 23. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer systems. The sewer study recommendations shall be 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 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. 24. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 25. 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. 26. An existing 10_foot wide sewer easement reserved to the City of National City exists north of 7th Street. The sewer easement and main shall be relocated outside the proposed buildings. The easement shall be shown on the grading plans and the final map. 27. The deteriorated portions of the existing street improvements along the property frontages (4th, 6ch, 8`h, and Burden 200' of sidewalk, and 50' of curb and gutters) shall be removed and replaced to the satisfaction of the City Engineer. 28. Street pavement repair will be required on 4th Street and on Burden Drive (1500 sq. ft.) to the satisfaction of the City Engineer. 29. The driveway on 4th Street shall be an alley entrance type driveway with pedestrian ramps and shall be indicated on the grading plans. 30. 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. 31. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (75' of driveway) shall be replaced with curb, gutter and sidewalks to the satisfaction of the City Engineer. 32. A title report shall be submitted to the Engineering Department, after the Planning Conunission approval, for review of all existing and proposed easements and the ownership at the property. 33. 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 cost. 34. 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 rnonumentation. 35. 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 man approval. 36. The developer shall bond for the monurnentation, the public improvements and the on -site trading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 37. The proposed street vacation on 7th Street shall be approved by the City Council prior to the final map approval. 38. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 39. The final map shall be recorded prior to issuance of any building permit. 40. All new property line survey monuments shall be set on private property, unless otherwise approved. 41. 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. 42. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 43. Exterior walls of buildings/walls/fences/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 44. A "No Parking," red cub zone shall be provided along the at the following locations: along the north side of East 8th Street, east 275 feet and west 150 feet from the Arcadia Avenue intersection. 45. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 46. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council, CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2006, by the following vote: AYES: CARRILLO, ALVARADO, BACA, FLORES, REYNOLDS, DELAPAZ NAYS: ABSENT: PRUITT ABSTAIN: CHAIRWOMAN 2630`, v2620 APPROXIMATE PROJECT LOCATION ZONING BOUNDARIES - - - • LOCATION MAP PUBLIC HEARING & PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL S-2006-2 EFFECT FOR A PROPOSED SUBDIVISION AND PLANNED DEVELOPMENT PERMIT FOR PD-2006-1 A RETIREMENT COMMUNITY INCLUDING 497 SENIOR RESIDENTIAL UNITS IS-2006-1 NATIONAL CITY PLANNING /s DRN. DATE: 4/13/06 INITIAL HEARING: 9/18/06 City of National City 22 FEB 2006 AM 8: 10 Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR PARADISE VALLEY HOSPITAL DEVELOPMENT LOCATED NORTHEAST OF 8TH STREET Date: February 23, 2006 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: PARADISE VALLEY HOSPITAL DEVELOPMENT LOCATED NORTHEAST OF 8TH STREET AND BURDEN DRIVE 1. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 2. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 3. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. ® Recycled Paper 4. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development 5. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Grading plan shall be draw on D-size sheets. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 6. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 7. 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 . 8. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer systems. The sewer study recommendations shall be 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 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. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 10. 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 /7 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. 11. An existing 10. foot wide sewer easement reserved to the City of National City exists north of 7th Street. The sewer easement and main shall be relocated outside the proposed buildings. The easement shall be shown on the grading plans and the final map. 12. The deteriorated portions of the existing street improvements along the property frontages (4th, 6t , 8th, and Burden 200' of sidewalk, and 50' of curb and gutters) shall be removed and replaced. 13. Street pavement repair will be required on 4th Street and on Burden Drive (1500 sq. ft.). 14. The driveway on 4th Street shall be an alley entrance type driveway with pedestrian ramps. 15. 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. 16. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (75' of driveway) shall be replaced with curb, gutter and sidewalks. 17. 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. 18. A cost estimate for all of the proposed grading, drainage, street improvements landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services cost. Engineering Department has reviewed the traffic study submitted by LOS Engineering and the study does not include the 6th Street vacation scenario. The study shall be up -dated to include this scenario. The findings and recommendations shall be part of the Engineering Department requirements. FINAL MAP REQUIREMENTS 1. 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. 2. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 4. The proposed street vacation on 7th Street shall be approved by the City Council prior to the final map approval (See Planning Department). 5. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 6. The final map shall be recorded prior to issuance of any building permit. 7. All new property line survey monuments shall be set on private property, unless otherwise approved. 8. The parcel final map shall use the California Coordinate System for its `Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha paradise 19 JUL 2006 PM 1:53 CITY OF NATIONAL CITY PUBLIC WORKS DEPARTMENT 2100 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL: 619/336-4580 FAX: 619/336-4594 DATE: July 18, 2006 TO: Angela Reeder, Associate Planner FROM: Joe Smith, Acting Director of Public Works SUBJECT: Case File No: S-2006-1/PD-2006-1/IS-2006-1 (Sewage Study) Thank you for the opportunity to review and comment on the Paradise Village Retirement Community Preliminary Sanitary Sewage Study. The following comments are based on the principle that the proposed on -site improvements to the sanitary sewer main "A" will remain private and be maintained by the owners and at no time will become the responsibility of the City Of National City. The following comments are intended, only to assist the developer in their planning efforts. 1. Sewer system — One of the two sewer mains, that will serve the project area is now owned by the developer, Sanitary Main "A" and has a history of sanitary sewer overflows caused by debris being introduced into the system. The proposed upgrades to both Sanitary Main "A" and "B" should address the capacity needs but when the new lateral connection are made steps should be taken, by the developer to eliminate this debris problem. We also recommend that any new sewer main, in the development area remain private and be maintained by the owners. 2. Landscape and irrigation — All landscape and irrigation improvements shall be maintained by the developer. Again, thank you for the opportunity to review and comment on this project. If you have any questions, please call me at 336-4587. cc: Jeff Servatius, Street Maintenance Supervisor Miguel Diaz, Parks Superintendent 0 FEB 2006 PM 3:59 CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: February 8, 2006 TO: Andrew Hoskinson, Associate Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: S-2006-1/PD-2006-1/IS-2006-1 The following comments are submitted by the Fire Department after reviewing the plans. 1) Project 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. 2) Fire access must be provided throughout the development. Minimum roadway width to be 20 feet with a vertical clearance of 13 feet 6 inches, radii to be 28 feet. 3) Exterior doors and openings shall be readily accessible for emergency access. Access walkways leading from Fire apparatus access roads to exterior opening shall be provided. 4) Fire protection systems will be required. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR TO: National City Police Department FROM: City of National City Planning Department DATE: February 6, 2006 SUBJECT: S-2006-1 /PD-2006- 1 /IS-2006-1 This Tentative Subdivision Map and Planned Development Permit have been submitted for Planning Commission and City Council consideration. Additionally, the applicant will be submitting a Street Vacation application, as part of the proposal involves vacating 7th Street between Burden and Arcadia. The project site is located adjacent to the east side of Paradise Valley Hospital, and is bound by 4th Street, 8t Street, Burden Dr. and Arcadia Avenue. The approximately 12 acre site is currently partially developed. The northerly half of the site is developed with older school buildings (prerviously San Diego Academy that moved to the east), and several small houses and office are developed on the southerly half of the property. Although the site is basically developed, much of it is not covered with hardscape improvements. The applicant proposes to demolish all of the existing structures (e.g. school buildings, office buildings, and single-family houses) and to construct a retirement community, Paradise Village. The retirement community will be comprised of a total of seven (7) residential buildings with 405 independent/congregate living units and 92 assisted living units; all seven residential buildings will be connected by skybridges. The units will be a mix of studios, and one and two -bedrooms. There will also be a "village square" with a commercial kitchen and two restaurants, a 250 seat auditorium/cinema, health care offices, and a fitness room. Approximately 55,000 cubic yards of excavation and 39,000 cubic yards of export will be required to accommodate the development mentioned above. Given the proposed use of the development for persons aged 55 or older, are there specific public safety concerns that should be taken into account in the design of the site and the buildings? Please submit your comments or recommendations on the proposed project by February 16, 2006. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. ® Recycled Paper .;- c cairns )� I�a Pn c .z �' If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4313. Thank you. as,„ Andrew Hoskinson Associate Planner No comments cc: Police Department At/AC -f Mu Lj ► - 1-0.0 / - c:t t i €2tA- A,JD AA,v(c )J I(n. 3,-1 nA 6i,f. r (4 ST P Prom s s €n� z I Crrh % 1-2C 7 Andrew Hoskinson Frorn: Roger Post Sent: Friday, February 17, 2006 10:54 AM To: Andrew Hoskinson Subject: FW: Paradise Valley Hospital Project S-2006-1 PD/-2006-1/IS-2006-1 Importance: High -----Original Message ---- From: John Webster Sent: Friday, February 17, 2006 10:45 AM To: Roger Post Cc: Mary Jo Wilson; Lin Wurbs Subject: Paradise Valley Hospital Project S-2006-1PD/-2006-1/IS-2006-1 Importance: High Roger, The following are NCT comments review of the proposed project. Currently NCT operates route 602A along 8th street between Euclid Ave and Paradise Valley Road every 30 minutes. There is also a MTS route evaluation currently underway (COA) that recommends changing the existing route onto Harbison Ave from 4th St to 8th St and eliminate 8th St service between Euclid & Harbison. In any case this project will have a high degree of transit related impact and expected increases in ridership and associated demand for passenger amenities. NCT recommends that the project include at least two (2) full size shelters on either 8th St (between Euclid and Harbison) at a location to be determined or along Harbison (COA plan) at a location to be determined. In addition the shelter locations should have at least 1-3 person metal bench and 1 trash container. The attached files are shelter/bench/trash container styles that are currently used at NCT stops at 21st & L Ave and total cost per shelter location would be approx $7000. NC should also consider installing a traffic light controlled pedestrian crosswalk between shelters/bus stops to increase passenger safety. Please let me know if you have any additional questions or concerns. Sincerely, John P. Webster Sr. Vice President/General Manager National City Transit 522 West 8th Street National City, Ca 91950 (619) 474-7505 ext 11 (619) 571-3235 mobile (619) 474-2058 fax -TO" 21ST & L ST-1.JPG A‘fc;-: L ave 21st St SB1.jpg 1 kCT0 a/a at&t August 08, 2006 Angela Reeder City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Right of Way / Liaison Re: Case file No: SC-2006-1 AT&T Ca i ernia 4220 Arizona Street Room 200 San Diego, CA 92104 Thank you for your notice regarding the proposed street vacation in the vicinity of: A portion of 7th St. between Burden Drive and Arcadia Avenue Pacific Bell Telephone Company has aerial telephone cable communications facilities along the area. If there is affirmative action on the proposed street vacation area, please include a reservation of an easement in the proposed street vacation area, for these facilities. Yours truly, Tom Denhart Right -of -Way Agent Pacific Bell Telephone Company dba AT&T California 4220 Arizona St., Room 200 San Diego, CA 92104-1715 (619) 574-2808 TO: FROM: DATE: SUBJECT: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR City Departments and Agencies City of National City Planning Department February 6, 2006 S-2006- 1 /PD-2006-1 /I S-2006-1 17 FEB 2006 PM'2:O5 This Tentative Subdivision Map and Planned Development Permit have been submitted for Planning Commission and City Council consideration. Additionally, the applicant will be submitting a Street Vacation application, as part of the proposal involves vacating 7th Street between Burden and Arcadia. The project site is located adjacent to the east side of Paradise Valley Hospital, and is bound by 4th Street, 8th Street, Burden Dr. and Arcadia Avenue. The approximately 12 acre site is currently partially developed. The northerly half of the site is developed with older school buildings (prerviously San Diego Academy that moved to the east), and several small houses and office are developed on the southerly half of the property. Although the site is basically developed, much of it is not covered with hardscape improvements. The applicant proposes to demolish all of the existing structures (e.g. school buildings, office buildings, and single-family houses) and to construct a retirement community, Paradise Village. The retirement community will be comprised of a total of seven (7) residential buildings with 405 independent/congregate living units and 92 assisted living units; all seven residential buildings will be connected by skybridges. The units will be a mix of studios, and one and two -bedrooms. There will also be a "village square" with a commercial kitchen and two restaurants, a 250 seat auditorium/cinema, health care offices, and a fitness room. Approximately 55,000 cubic yards of excavation and 39,000 cubic yards of export will be required to accommodate the development mentioned above. Please submit your comments or recommendations on the proposed project by February 16, 2006. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. ® Recycled Paper If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4313. Thank you. Andrew Hoskinson Associate Planner No comments cc: Building & Safety Department National City Transit Department Community Services Department San Diego Gas & Electric Sempra Energy AT&T Public Works Cox Cable Ultronics, Inc. Sweetwater Authority California Regional Water Quality Control Board Fair Housing Council MTDB SANDAG 7�Q a SWEETWATER AUTHORITY 505 GARRETTAVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org February 16, 2006 Mr. Andrew Hoskinson, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD W.D. "BUD" POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM" DOUD RON MORRISON MARY SALAS MARGARET COOK WELSH DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER Subject: WATER AVAILABILITY CASE NOS.: S-2006-1, PD-2006-1, IS-2006-'l A.P.N.: 554-120-26 AND 29; 554-131-06, 07, 08, 09, 10, 11, 12 AND 14 2700 E. 4TH STREET, NATIONAL CITY SWA DEV. FILE: PARADISE VALLEY HOSPITAL CARE FACILITY Dear Mr. Hoskinson: This letter is in response to your Tentative Subdivision Map Application for the subject project, within the Sweetwater Authority (Authority) service area. There is an 8-inch_ water main located on the north side of 4"'Street, an 8-inch main on the north side of Hill Drive, an.8-inch main on the west side of Arcadia Place, and a 12-inch main on the north side of 8" Street.. Authority records indicate that there ten (10) existing water services to these parcels, which may not be adequate for the new construction. The Owner must submit complete plumbing plans (showing total fixture -unit count), street improvement, and irrigation plans that clearly show all existing and proposed service sizes and locations, as well as total fixture unit count of all existing and new plumbing fixtures, so that the appropriate service size(s) can be verified. Enclosed is a copy of 1/4 SEC. 105 map that shows the existing water facilities. Since there is an existing water main in 7`h Street where the street is to be vacated, the following items need to be granted to the Authority: a 20-foot-wide easement centered over the main, finger easements for any existing water services contained in any public facilities to be vacated, as well as any other appurtenances in this area. No structures or buildings may be erected, wails constructed, fences built, nor trees planted within the easement, or over any Authority facilities, including those in Hill Drive. No changes in the existing grade may be made without prior written approval by the Authority. As plans develop for the project, the Owner may request that the main and services be abandoned and the easement be quitclaimed to the Owner at their expense, provided the plans provide for adequate water facilities for the project. It is unclear how the project will affect the Authority's facilities on Hill Drive. Additional easements may be required. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency, stating fire flow. requirements. Fire sprinkler plans, and calculations must also be submitted to the Authority. Based on this requirement, the Authority will determine if there is a need for new water systems, or substantial alteration to the existing water system. It is recommended that your agency work with the Authority to A Public Water Agency Serving National City, Chula Vista and Surrounding Areas G �% Mr. Andrew Hoskinson Re: Water Availability - 2700 E. 4th Street, National City February 16, 2006 Page2of2 determine if the existing water facilities are adequate to meet the added demands, prior to issuing a building permit. Please note that any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies. In the event that a fire protection system is required for this project, the Authority will require the installation of an approved Double Check Detector Check Backflow Assembly on that system. Also, water meters cannot be located within three (3) feet of the edge of driveway aprons, per the attached Sweetwater Authority Standard Drawing No. 20. If the Owner provides the required fire flow information, and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 89 psi to a minimum of 79 psi. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SW.EETWATER AUTHORITY or Martinez Engineering Manager HM:LE:vls enclosures: Copy of portion of 1/4 SEC. 105 map Standard Drawing No. 20 cc: National City Fire Department 343 E. 16th Street National City, CA 91950 Paradise Valley Hospital Rochelle Wisdom, Director of Facilities 2400 E. 4th Street National City, CA 91950 Tom Jones BDS Engineering 6859 Federal Boulevard Lemon Grove, CA 91945 Mr. Rick Bird, Sweetwater Authority (without enclosures) This mop was developed by Sweetwater Authority for intornsl illuslralion only_ It is Hal 406ignad to provide technical detail, and should not bo used M any other purposes without the express written permission nl $wo.Iwalor ANMnty 50 5G Garrett Aullwnty - bhp'/i svmrrel.swaetwnlnr oy Snu Ganatt Avenue G6olo Vista, CA 9191262028 (819)430.1418 FAX'f619)425-7469 Loratlon 01 wale' fedlltles or0 aopmximnls only, based 0n rera0 inlpmeliw+. Fora morn Hale loca° I water faciliAW must ha M1BlblowloU S A. ®I-900-422-0l33 won days prn Gall o' t0 excavation. srcat or toed Jain shown on this propdpfoy mfpmwhnn The use is Aran Mon is eursuant to sublicense agreement only. Any resale or nolirsnsing of this information is prnh:mlw, except in accordance wth such subllcensing e9mamenls_ SanGIS - ntlp:llw..w sargis.org 1010 Second Avon., Suite 1304 San Grego, CA 92101d903 Subject Project: Paradise Village 1/4 SEC. 105 SCALE: 1 INCH = 300 FEET `/ ENG\GEN\STANDARD DRAWING REV\STANDARDS J • SIDEWALK NO WATER METER BOX NO/WATER '/METE BOX Curb line Curb line GUTTER '• Water Meter Box PROPERTY LINE PROPERTY LINE Water Meter Box NO WATER METER BOX 4 .a d SIDEWALK • 4. w • DETAIL - METER BOX LOCATION ADJACENT TO DRIVEWAY Not to Scale NO CONCRETE SHALL BE PLACED UNTIL FORMS AND METER LOCATION ARE INSPECTED BY THE AUTHORITY. R viSIONS SWFF WATER. AIM-10RITY Urkr++'+IJ a 1:dUN1 Nr•rltvvGL. %i is La/AI-rt.!) t?r rr-rl no rA, n+4� M AL1 ►v I I LI I.rruVLWrti I NO. DATE: DATE: 09-24-04 SCALE: NONE STANDARD DRAWING 20 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Description: Paradise Village Retirement Community and Development of 497 Senior Residential Units (IS-2006-1) Applicant: Generations Development, LLC Michael Parich 8601 SE Causey, Suite 1 Portland, OR 97266 Address of Project: Approximately 11.9-acres of vacant parcels located at 2700 E. 4th Street, bounded by 6th and 8th Streets to the north and south, and by Arcadia Avenue and Burden Drive on the east and west, within the City of National City. ****************************************************************************** Project Discussion The applicant proposes to build a retirement "community" for residents 55 and older on a portion of Paradise Valley Hospital property. The development will include a total of 497 residential units, including one building for assisted living residents and six buildings for independent living residents. The proposal also includes a Village Square building that will include an Olympic - length pool, fitness center, credit union, auditorium, beauty salon, offices, and other facilities for the community residents. The project site is on approximately twelve acres located between 4th and 8th Streets within National City. The applicant also proposes to vacate a 420-foot long portion of E. 7th Street that crosses the site and improve it as a pedestrian promenade, as well as underground all utilities on -site. Emergency access will be maintained through the vacated portion of E. 7th Street. Surrounding uses include Paradise Valley Hospital to the west, a private school campus and single- and multi -family housing to the east, a single-family neighborhood to the north, and multi -family residential to the south. The site is currently vacant, but was previously developed a private school, hospital offices, single-family homes, and a credit union. Topographically, the project area consists of a relatively level area in the northern one third and a relatively level area in the southern two-thirds that are separated by an approximately 20-foot- high slope. Environmental Findings: The Negative Declaration (IS-2006-I) has been considered together with any comments received during the public review process, and that based on the whole record (including the Initial Study and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (IS-2006-1). Recycled Paper 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: Paradise Village Retirement Community including the Development of 497 Senior Residential Units (IS-2006-1) City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Angela Reeder, AICP, Associate Planner (619) 336-4310 Approximately 11.9-acres of vacant parcels located at 2700 E. 4th Street, bounded by 4`h and 8th Streets to the north and south, and. by Arcadia Avenue and Burden Drive on the east and west, within the City of National City Generations Development, LLC 8601 SE Causey, Suite 1 Portland, OR 97266 Michael G. Parich (503) 652-0750 RM-3-PD (Senior Citizen Housing) 6. ASSOCIATED APPLICATIONS: Subdivision Map (S-2006-2) Planned Development Permit (PD-2006-1) Street Vacation (SC-2006-1) 7. PROJECT DESCRIPTION: The applicant proposes to build a retirement "community" for residents 55 and older on a portion of Paradise Valley Hospital property. The development will include a total of 497 residential units, including one building for assisted living residents and six buildings for independent living residents. The proposal also includes a Village Square building that will include an Initial Study - Page 2 of 19 for the community residents. The project site is on approximately twelve acres located between 4th and 8`h Streets within National City. The applicant also proposes to vacate a 420-foot long portion of E. 7th Street that crosses the site and improve it as a pedestrian promenade, as well as underground all utilities on -site. Emergency access will be maintained through the vacated portion of E. 7a' Street. Surrounding uses include Paradise Valley Hospital to the west, a private school campus and single- and multi -family housing to the east, a single-family neighborhood to the north, and multi -family residential to the south. The site is currently vacant, but was previously developed a private school, hospital offices, single- family homes, and a credit union. Topographically, the project area consists of a relatively level area in the northern one third and a relatively level area in the southern two-thirds that are separated by an approximately 20-foot-high slope. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. El Land Use & Planning El Population & Housing ❑ Geological Problems ❑ Water ❑ Transportation/Circulation D Biological Resources ❑ Energy & Mineral Resources Cl Hazards ❑ Air Quality ❑ Noise ❑ Mandatory Findings of Significance DETERMINATION: ('I'o be completed by the Lead Agency) On the basis of this Initial Evaluation: El Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have bccn added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X El Initial Study - Page 3 of 19 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. Printed Name: Angela Reeder, AICP Date Title: Associate Planner EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 c 3 )(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies n wiiienever iui;,iai is s ecteu. Initial Study - Page 4 of 19 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance, ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Have a substantial adverse effect on a scenic vista? (Sources: 1, - X 2, 4) Discussion: There are no designated scenic vistas nearby or across the proposed project site. As such, no vistas would be adversely impacted by the proposed project and there is no impact. Also, while there are a handful of private parcels adjacent to site whose views would be altered by the proposed project, the City does not have a policy to protect private viewsheds. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 4) Discussion: The proposed project site is previously disturbed and does not contain any scenic resources; therefore, there would be no impact. c) Substantially degrade the existing visual character or quality of X the site and its surroundings? (Sources: 1, 2, 4) X Discussion: The proposed project site was previously developed and is currently vacant. The site is located within an urbanized area and surrounded by single- and multi -family residential uses, commercial, and institutional development. To the east of the project site, a 96-unit multi -family development is currently under construction that includes two- and three- story buildings. The architecture of the proposed senior community complements the new subdivision, using several of the same elements (i.e. arches, wall and roofing materials, landscaping). Also, the project should complement the hospital adjacent to the west, as it utilizes similar fencing and signage as the existing hospital properties. Therefore, development of the site would have no adverse impacts to the visual character of the site. d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1, 2, 3, 4) X Discussion: City ordinances require multi -family projects to be well lit for pedestrian and vehicular safety reasons; however, lighting generated by the site would also be required to follow City ordinances requiring shielding of light fixtures to eliminate spillage onto neighboring properties and public rights -of -way. Therefore, there would not be a significant impact from the proposed project. Initial Study - Page 5 of 19 II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the Califomia Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: National City is a primarily built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. Therefore, the proposed project would not impact designated farmland resources. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: I, 4) X Discussion: The proposed project site is zoned for senior citizen housing, and does not have a Williamson Act contract associated with the land; therefore, the proposed project would have no impact on agricultural zoned areas. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Sources: 1, 4) Discussion: The proposed project site is located in an urbanized area, with no farmland on or adjacent to the property. The entire site is disturbed and was previously developed; therefore, no impact to agricultural properties will occur as a result of the proposed project. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 4, 9) X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The Regional Air Quality Strategy for San Diego County (RAQS) does not include any design implementation tools with regard to residential site design; therefore, the proposed project would not conflict with the plans and there is no impact. Also, the project by its nature as a senior housing facility includes aspects which reduce p,;iur,jut discharge, as senior residents statistically have fewer vehicles and the project includes added pedestrian transportation connections and accessibility to local bus services. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 4, 9) Initial Study - Page 6 of 19 traditionally considered a key contributor to air quality decline. As such, the proposed project would no significant impact. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 4, 9) Discussion: The proposed project is a multi -family residential development within an urbanized area, which is not traditionally considered a key contributor to air quality decline. The only non -attainment standard for San Diego County, according to the 2004 Revision of the Regional Air Quality Strategy, is ozone. The one feasible control measure proposed by the RAQS with regard to residential uses relates to water heaters, and the measure affects which heaters are allowed into the market, not site design considerations. As such, the proposed project would have a not increase pollutants for the region. x d) Expose sensitive receptors to substantial pollutant concentrations? — - — X (Sources: 4, 9) Discussion: The proposed project site is adjacent to a hospital, within half a mile of two elementary schools, and includes assisted living and retirement/senior housing units, all of which are considered sensitive receptors. However, the proposed senior residential project is not a development that would expose those receptors to substantial pollutant concentrations. As such, there is no significant impact to neighboring sensitive receptors. e) Create objectionable odors affecting a substantial number of C. - X people? (Sources: 4, 9) Discussion: As a multi -family residential project, there is no objectionable odor that would be the result of the proposed project; therefore, there is no impact. IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1, 4, 5) Discussion: Based on a Biological Reconnaissance Survey, dated January 25, 2006, and prepared by Pacific Southwest Biological Services, Inc., the proposed project site contains Urban/Developed and Non -Native Grasslands habitats. No jurisdictional wetlands, other sensitive habitat, or sensitive species were detected on the property; therefore, there is no impact to sensitive or protected species as defined above. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1, 4, 5) r X Discussion: Based on a Biological Reconnaissance Survey, dated January 25, 2006, and prepared by Pacific Southwest Biological Services, Inc., the proposed project site contains Urban/Developed and Non -Native Grasslands habitats. No jurisdictional wetlands, other sensitive habitat, or sensitive species were detected on the property; therefore, there is no impact to sensitive habitats as defined above. c) Have a substantial adverse effect on federally protected wetlands Initial Study - Page 7 of 19 as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, 4, 5) X Discussion: Based on a Biological Reconnaissance Survey, dated January 25, 2006, and prepared by Pacific Southwest Biological Services, Inc., the proposed project site contains no jurisdictional wetlands or jurisdictional waters of the U.S. or state -defined streambeds. Therefore, the project will not impact protected wetlands. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 1, 4, 5) x Discussion: The proposed project site is located completely on disturbed property within an urbanized area, surrounded by development, and according to a Biological Reconnaissance Survey contains no sensitive habitats; therefore, there is no impact to wildlife movement. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1, 2, 4, 5) Discussion: The proposed project site does not contain any biological resources that are protected by local policies or ordinances; therefore, there is no impact. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1, 4) Discussion: There are no adopted habitat conservation plans that include the proposed project site; therefore, there is no impact. V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: I, 4) X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: No historical resources as defined in Section 15064.5 are known to exist on the proposed project site. The site has been previously disturbed or developed and is now vacant; therefore, there is no impact to historical resources. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: I, 4) Discussion: No archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site. The site has been previously disturbed or developed and is now vacant; therefore, there is no impact to archaeological resources. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1, 4) Discussion: There are no known unique geologic or paleontological features on the proposed project site or within the surrounding area; therefore, there is no impact to these unique resources. d) Disturb any human remains, including those interred outside of Initial Study - Page 8 of 19 Discussion: No cultural resource constraints are known to exist on the previously developed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 4, 7) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. According to a Geotechnical Investigation of the site prepared by Christian Wheeler Engineering, no faults are known to traverse the subject site. The nearest active fault zone is the Rose Canyon Fault Zone, which is located approximately 5.6 km west of the project site. Other active faults noted in the region ranged from 26 to 72 km away from the project site. Due to the number and nature of active and non -active fault lines within the southern California region, it cannot be known when earthquakes will occur; therefore, there is a less than significant impact. ii) Strong seismic ground shaking? (Sources: 4, 7) X Discussion: It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. The nearest active fault zone is the Rose Canyon Fault Zone, which is located approximately 5.6 km west of the project site. Due to the number and nature of the active and non - active fault lines within the southern California region, it can not be known when earthquakes will occur; therefore, there is a less than significant impact. iii) Seismic -related ground failure, including liquefaction? (Sources: 4, 7) X Discussion: According to a Geoteclmical Investigation of the site prepared by Christian Wheeler Engineering, the near - surface soils encountered at the site are not considered to be susceptible to liquefaction due to such factors as soil density, grain -size distribution and the absence of shallow groundwater conditions; therefore, is no impact or increased exposure to ground failure due to the Paradise Village project. iv) Landslides? (Sources: 4, 7) X Discussion: According to a Geotechnical Investigation of the site prepared by Christian Wheeler Engineering, the potential for landsliding at the subject site is low due to the nature of the formational materials that underlie the site; therefore, there is no impact or increased exposure to landslides due to the proposed project. b) Result in substantial soil erosion or the loss of topsoil? (Sources: 4, 7) Discussion: The project site is covered by undocumented fill soils and residual soils that cover Bay Point Formation Initial Study - Page 9 of 19 deposits. The existing earth material that will be excavated is not considered to be high quality soil and the excavation will not create substantial soil erosion. Also, proposed plans include substantial landscaping of all open areas; therefore, there is no impact or increased substantial erosion due to the proposed project. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 4, 7) Discussion: According to a Geotechnical Investigation of the site prepared by Christian Wheeler Engineering, the relative landslide susceptibility classification of the site falls outside the boundaries of known landslides, but may contain observable unstable slopes that may be underlain by weak materials and/or adverse geologic structure. However, based on the competent nature of the formational materials that underlie the site and provided the recommendations presented in the Geotechnical Investigation report are followed, it is their professional opinion and judgment that the potential for landsliding at the subject site is low. Also, the project will be designed to achieve adequate stability through appropriate grading standards and soil testing. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 4, 7) X X Discussion: A Geotechnical Investigation of the proposed project site states the majority of the soils encountered during the field investigation have a low to moderate expansion potential. While in their natural state they may not typically be suitable for settlement -sensitive improvements, they can be incorporated with suitable structural fills. As such, there is no exposure to expansive soils and no impact as a result of the proposed project. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 2, 4, 7) Discussion: The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no need for the use of septic tanks or alternative waste water disposal systems; therefore, no impact. VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 4) Discussion: There are no hazardous materials associated with the proposed multi -family residential project; therefore, no impact would occur. X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 4) Discussion: There are no hazardous materials associated with the proposed multi -family residential project; therefore, no impact would occur. X 0 Lnin uoiis Ca L�niuu ul u iidle iltizaruuus or acutciy X Initial Study - Page 10 of 19 hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: I, 4) X Discussion: According to a Phase 1 Environmental Assessment conducted in July 2005, there is one "Cortese List" location on the site. This site is identified as the SD Association of 7th Day Adventists at 2700 East 4th Street. The EDR reports a gasoline release in January of 1990 which resulted in aquifer contamination, however the incident was remediated therefore, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 4, 6, 13) Discussion: The proposed project is not located on a site which is included on a list of hazardous material sites, therefore no impact or hazard would occur. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) Discussion: The proposed project site is not located within an airport land use plan or within two miles of a public use airport; therefore no impact or safety hazard would occur. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) Discussion: The proposed project site is not located in the vicinity of a private airstrip; therefore no impact or safety hazard would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1, 2, 4) X X X Discussion: The proposed project site is located within an urbanized area on currently undeveloped property. Plans also include the improvement and widening of a currently closed public street; therefore, no adverse impacts would occur. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 4) Discussion: The proposed project site is located within an existing urbanized area with no wildlands at or adjacent to the site; therefore, no impact or exposure to wildland fires would occur. VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements'? (Sources: 1, 2, 4) X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation u Discussion: The proposed project is subject to state and local stormwater requirements and also includes design features such as a large detention basin, that adequately address water quality discharge requirements; therefore, there would he no significant impact. Initial Study - Page 11 of 19 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 2, 4) Discussion: The proposed project is within an urbanized area, will utilize city water, and is not within a protected recharge area; therefore, there is no significant impact. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1, 2, 4, 11) Discussion: The proposed project site has no streams or rivers at or near the site. One small drainage feature on a low area of the site was found to exist on site, but is created by runoff from excess irrigation and does not constitute a jurisdictional condition. The requirements of the permit would not create an adverse effect to the natural drainage pattern of the project site. The project also includes appropriate drainage facilities to ensure adequate drainage that will not create substantial erosion of siltation; therefore, there would be no significant impact. X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1, 2, 4, 11) Discussion: The proposed project site has no streams or rivers at or near the site. One small drainage feature on a low area of the site was found to exist on site, but is created by runoff from excess irrigation and does not constitute a jurisdictional condition. The project development will incorporate appropriate drainage facilities to ensure adequate drainage on -site or into a city stormwater facility. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding; therefore, there would be no significant impact. X e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 2, 4, 14) Discussion: The proposed project, as designed and required by City ordinance, would incorporate adequate stormwater measures on -site and therefore, there would be no impact. f) Otherwise substantially degrade water quality? (Sources: 1, 2, 4) X X Discussion: The proposed project site is located in an urbanized developed area and includes appropriate construction and permanent best management practices that would not impact water quality; therefore, there would be no impact or degradation of water quality. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or ctl;::r flood hazard delineation map? (Sources: I, 2, 4, 11) Discussion: The proposed project site is located outside the boundaries of both the 100-year and 500-year flood zones; therefore, there is no impact. h) Place within a 1 00-year flood hazard area structures which would (Sources: 1, 2, 4) Discussion: There are no known mineral resources on the proposed project site; therefore, there is no impact. b) Result in the loss of availability ofa locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 2, 4) H u Initial Study - Page 12 of 19 Discussion: The proposed project site is located outside the boundaries of both the 100-year and 500-year flood zones; therefore, there is no impact. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the X. failure ofa levee or dam? (Sources: 1, 2, 4, 11) Discussion: The proposed project site is located in an urbanized area that is not within a failure area of a levee or dam; therefore, there is no impact. j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 2, 4, 11) Discussion: The proposed project site is several miles inland from the San Diego Bay and is not in close proximity to any other water features that would create the natural disasters mentioned above; therefore, there is no impact. IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation C Discussion: The proposed project site is previously developed and currently vacant. Surrounding the site is a multi -family development under construction and school to the east, and institutional uses (a hospital) to the west. The project will provide an appropriate transition between the two uses; therefore, there is no adverse impact to the community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 4) Discussion: The proposed project is not in conflict with any applicable plans in place to avoid or mitigate environmental effects. However, the General Plan states that the current General Plan/Zoning designation of the site (Private Institutional, IP-PD) is intended to ensure that new uses support the adjacent Paradise Valley Hospital and serve the hospital community. As independent senior facilities such as the one proposed would benefit from proximity to Paradise Valley Hospital. The City is concurrently processing General Plan and Land Use Code Amendments to change the zoning designation to Senior Residential (RM-3-PD), with the intent that it would serve as senior housing, an accessory/complimentary use to the hospital. As the proposed project is conditioned to require this General Plan amendment occur concurrent or prior to the project's approval, the project would not have an impact. X. MINERAL RESOURCES Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Result in the loss of availability ofa known mineral resource that would be of value to the region and the residents of the state? — X X Initial Study - Page 13 of 19 Discussion: There are no known locally -important mineral resources on the proposed project site; therefore, there is no impact. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 4, 6) • Discussion: The project will comply with requirements of the State Building Code and City ordinances with regard to noise for multi -family project. This requirement will be incorporated into project structural plans, and therefore there is no impact to new residents. Also, the proposed project is a multi -family development, which by its nature would not typically generate noise levels in excess of local standards to affect neighboring properties. The noise generated from the construction phase of the proposed project will also be conducted in accordance with the City's noise ordinance and is of a limited duration; therefore, there is no impact. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Sources: 1, 2, 4, 6) Discussion: The proposed project is a multi -family development, which by its nature would not typically generate groundbome vibration or noise levels in excess of local standards. Also, the noise generated from the construction phase of the project will be conducted in accordance with the City's noise ordinance and is of a limited duration; therefore, there is no impact. X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4, 6) Discussion: The proposed project would not create a substantial increase in ambient noise levels in the project vicinity, as the project site is located in an urbanized area. Exterior noise levels are anticipated to be below the City's Noise Control Ordinance and meet the City's General Plan goal regarding noise around sensitive receptors such as the project itself and the adjacent housing and school. X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4, 6) Discussion: The proposed project is a senior housing development located in an urbanized area and therefore there is no impact. Some temporary increase in ambient noise levels can be expected during the construction phase, but it will be temporary and conducted in accordance with the City's noise ordinance and thus not a significant impact. X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 4, 6 ) Discussion: The proposed project site is not located within an airport land use plan or within two miles of a public use airport; therefore, there is no impact. X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: I, 2, 4, 6) X Initial Study - Page 14 of 19 XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation LI x Discussion: The proposed project is a senior housing development of 497 new senior residential units, at a maximum density of approximately 41.4 units/acre. While the development would result in new population growth on the proposed property, the increas4e is not considered substantial and the City's General Plan Housing Element accounts for this increase in senior housing. Also, the development is a senior project, intended to supply assisted living and independent living opportunities for residents over 55 years old, and includes necessary infrastructure improvements to service the proposal. As such, there is a less than significant impact. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 4) X Discussion: The proposed project would not displace substantial numbers of people, as the project site is currently vacant and plans include the development of new senior housing; therefore, there is no adverse impact. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 4) Discussion: The proposed project would not displace substantial numbers of people, as the site is currently vacant and plans include the development of new senior housing; therefore, there is no impact. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 2, 4) X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The proposed project would not result in adverse impacts to fire protection services. The project site is currently and will continue to be served by the National City Fire Department. Typical response time for this neighborhood would not be adversely impacted as plans include widening and improving a public street abutting the property that is currently closed for better access and since plans include retaining emergency access through the street proposed for closure. Also, the development will generate impact fees specifically slated for Fire/EMS use that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Police protection? (Sources: 1, 2, 4) r Discussion: The proposed project would not result in adverse impacts to police protection services. The project site is currently and will continue to be served by the National City Police Department. Typical response time for this Initial Study - Page 15 of 19 neighborhood would not be adversely impacted as plans include opening and widening a public street abutting the property that is currently closed for better access and since plans include retaining emergency access through the street proposed for closure. Also, the development will generate impact fees specifically slated for Police Department use that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Schools? (Sources: 1, 2, 4, 12) X Discussion: The proposed project would not result in adverse impacts to City schools. The local school system has seen declining enrollment for the past several years and thus there is space available in all the system's schools. Also, as the project is a retirement or senior housing project there should be no additional school children resulting from this housing; therefore, there is no impact. Parks? (Sources: 1,2,4) ❑ _ X Discussion: The proposed project would not result in adverse impacts to City parks. The project incorporates ample open space and recreational amenities such as walking paths, gardens, putting greens, and shuffleboard courts for residents, both active and passive, for use by the future residents. Also, the development will generate impact fees specifically slated for parks and recreation use that will supplement any additional requirements brought about by the development; therefore, there is no impact. Other public facilities? (Sources: 1, 2, 4) X Discussion: The proposed project would not substantially adverse other pubic facilities. Existing public facilities are adequate to support the project and impact fees for other facilities, such as Library fees, are required to supplement any additional requirements brought about by the development; therefore, there is no impact. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 2, 4) Discussion: The proposed retirement/senior housing project incorporates recreational amenities on -site and the City requires impact fees be paid for parks and recreation facilities for new residential projects; therefore, there is no impact. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 2, 4) Discussion: The proposed retirement/senior housing project includes both active and passive recreational areas throughout the project site. This development will not have an adverse physical effect on the environment or require the expansion of recreational facilities which might have an adverse effect; therefore, there is no impact. X tR NSPORTATION/TRAFFIC Would the project: X Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation Initial Study - Page 16 of 19 a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 4, 8) x Discussion: According to a Traffic Impact Analysis dated August 2, 2006, by LOS Engineering, Inc., the proposed project would not cause a significant increase in traffic. The traffic study states that the project and 497 senior units will result in a approximately 1,860 average daily trips. Six different scenarios were considered (existing, existing plus project, existing plus cumulative, existing plus cumulative plus project, build -out, and build -out plus project). In each case, study segments were found to continue to operate under capacity and study intersections were calculated to operate at LOS C or better, except Euclid Avenue and Plaza Boulevard at PM peak hour, which operated at LOS D; therefore, the existing roadway will adequately serve the project. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 4, 8) L x Discussion: According to a Traffic Impact Analysis dated August 2, 2006, by LOS Engineering, Inc., the proposed project would not cause a significant increase in traffic. The traffic study states that the project and 497 senior units will result in a approximately 1,860 average daily trips. Six different scenarios were considered, including a scenario including the cumulative effects of several nearby projects. In each case, study segments were found to continue to operate under capacity; therefore, the project would not impact existing roadways that would reduce acceptable levels of service. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 4, 8) Discussion: The proposed project does not contain any components that would result in a change in air traffic patterns; therefore, there is no impact. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 4, 8) x x Discussion: The main entrance to the proposed project site is from a public right-of-way (E. 4th Street), and additional entrances are from 6th Street and Arcadia Avenue. The private streets within the site have been designed in accordance with private road standards acceptable to the City Engineering and Fire Departments. A Traffic Impact Analysis performed for the project indicated that with 8d' Street and Arcadia Avenue intersection met AASHTO stopping sight distance requirements, provided the curb is painted red with appropriate signage to the east 275 feet and west 150 feet. Also, the only land uses proposed are the residential units and accessory uses typical to residential development (parking, open space, mail kiosk, playground, etc); therefore, there is no impact. e) Result in inadequate emergency access? (Sources: 1, 2, 4, 8) Discussion: The proposed project has multiple entrances, with the main entrance to the project from the public right-of- way (4th Street). The interior private streets are accessed by 4th Street and Arcadia Avenue and have been designed in accordance with private road standards acceptable to the City of National City Fire Department for the allowance of larger emergency vehicles. Also, plans include retaining emergency access through the portion of E. 7th Street proposed for closure; therefore, there is no impact. f) Result in inadequate parking capacity? (Sources: 1, 2, 4, 8) Discussion: The proposal is a retirement/senior housing project, which due to the nature of the residents typically requires less parking than a typical multi -family development. The project proposes to provide an underground parking facility providing one space per unit and additional guest and staff parking that meets the National City Municipal Code. As such, the development would not result in inadequate parking capacity and there is no impact. 47 Initial Study - Page 17 of 19 g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 4, 8) Discussion: The proposed project is a senior residential community and has thus incorporated several pedestrian access points into the site for use by the residents. The proposed project would not conflict with any adopted policies, plans or programs supporting alternative transpiration and therefore, there is no impact. XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 2, 4) Discussion: The proposed project would be designed and constructed to best management practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board: therefore, there is no impact. X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 2, 4, 10, 14) Discussion: The proposed project is located in an urbanized area with existing water and wastewater facilities. According to a Preliminary Sanitary Sewage Study prepared for the project, the upgrades proposed in association with the development will result in all pipe velocities meeting minimum and maximum standard criteria; therefore, there would not be an impact. X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction. of which could cause significant environmental effects? (Sources: 1, 2, 4, 14) Discussion: The proposed project includes on -site drainage facilities that are adequate to handle the effects of the proposed construction as required by City ordinances; therefore, the project would have no significant impact. X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 2, 4, 14) Discussion: The proposed project is located within an urbanized area with existing water facilities, and on a site which was previously developed with single-family homes, offices and a school being served by Sweetwater Authority. There are adequate water supplies available for the project from existing resources, and the project will include cooperation with the service provider to ensure sufficient systems are made available on -site; therefore, there would not be an impact. X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity �n serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 2, 4, 14) Discussion: The proposed project would he served by the National City Sewer District which has an adequate capacity to serve the project's demand; therefore, there would not be an impact. X Initial Study - Page 18 of 19 accommodate the project's solid waste disposal needs? (Sources: 1,2,4) x Discussion: The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has indicated that they are able to accommodate the solid waste disposal needs of City project's; therefore, there is no significant impact. g) Comply with federal, state, and local statutes and regulations related to solid waste? L - x Discussion: The proposed project would comply with all federal, state, and local statues and regulations related to solid waste; therefore, there would be no significant impact. XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X Discussion: The proposed project would not have a direct substantial adverse effect on certain species as determined by the CA Department of Fish and Game or the U.S. Fish and Wildlife Service, since the project is located in a fully urbanized area on a previously disturbed site with no identified sensitive habitats or species. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X Discussion: The proposed project would not have a cumulative substantial effect on the environment, since the project is an infill development located in a fully urbanized area on a previously disturbed site and has been considered together with other projects in the surrounding area. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: The proposed project would not have an environmental effect which will cause substantial adverse effects on human beings, either directly or indirectly, since the project is located in a fully urbanized area on a previously disturbed site and will provide a use encouraged by the General Plan for its citizens. X 5/ Initial Study - Page 19 of 19 REFERENCE SOURCES: Reference # Document Title Available for Review at: 1 National City General Plan 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Paradise Village Project Plans 5 Paradise Village Biological Reconnaissance Survey, January 2006 6 Phase I Environmental Site Assessment Report for site, July 2005 7 Paradise Village GeoTechnical Investigation, November 2005 8 Paradise Village Traffic Impact Analysis, August 2006 9 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 10 Preliminary Sanitary Sewage Study, May 2006 11 SanGIS Interactive Mapping (www.sangis.org) 12 Environmental Assessment Form for project 13 Co. of San Diego Department of Environmental Health website (www. sdcounty. ca. gov/deh/) 14 Comments from National City Fire, Police, Public Works, & Engineering Departments and Sweetwater Authority National City Planning Dept. 1243 National. City Boulevard National City, CA 91950 online National City Planning Dept. online National City Planning Dept. Planning Department aa����i; 1243 National City Blvd., National City, CA 91950 (619) 33&9 aOO8 ROGER G. POST - DIRECTOR ay M. Skutie City of National City [F 11 C E Gregory J. Mb, Recorder/County Clerk NOTICE OF PUBLIC HEARING AND _ PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT DEPUTY FOR A PROPOSED SUBDIVISION AND PLANNED DEVELOPMENT PERMIT FOR A RETIREMENT COMMUNITY INCLUDING 497 SENIOR RESIDENTIAL UNITS ON AN 11.9-ACRE VACANT SITE BETWEEN 6Th AND 8111 STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE CASE FILE NO.: S-2006-2/PD-2006-1/IS-2006-1 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 18, 2006, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, Califomia, on the proposed project. (Applicant: Generations Development, LLC). Any person interested in this matter may appear at the above time and place and be heard. The Planning Commission will also consider a recommendation to find that the project identified above will have no significant environmental effect. A copy of the proposed Negative Declaration (finding of no significant environmental effect) and the Initial Study, which supports the proposed finding, are available for review at the National City Planning Department, 1243 National City Boulevard, National City, California. The proposed finding of no significant environmental effect in no way implies that the project will be approved or denied. Projects that could have significant effects must have an environmental impact report prepared to evaluate those possible effects. The applicant proposes an assisted and independent retirement community, consisting of 497 senior residential units and a Village Square building housing various amenities for the residents. The units will be constructed within seven residential buildings. Access to the site will be from E. 4th Street, 6th Street, and Arcadia Avenue. The site is currently vacant, with primarily flat to moderate sloping topography. An approximate 420-foot long section of 7th Street which crosses the site is also proposed to be vacated and improved as a pedestrian corridor. Members of the public are invited to comment. Written comments should be received by the National City Planning Department between August 25, 2006 — September 13, 2006 on or before 6:00 p.m. 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 during the public review period described in this notice. COUNTY CLERK Poeta ��iG 2: s 2006 fdetuffieci to 44'"!1c,= nn Deputy NATIONAL CITY PLANNING DEPARTMENT ROGER G. POST Planning Director PUBLISH 1N THE NATIONAL CITY STAR NEWS Friday, August 25, 2005. Recycled Paper 011tiuilntrn//t��fe>llJ/I// NI. NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Date Received Receio By E.A.F. Required Fee $ Related Cases ft)— 24019— l �S-u— I SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. 554--V7-0 -2A 554—t\—O(. ASSESSOR PARCEL NO. 554 134 -O( -ol 1 -y-Oct - l0 ? _ 1 \ )- tZ - 1� PROPERTY LOCATION 2-700 E., 4* I 1J cac- o C�-4-1 , C COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised March, 2003 -PD r CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: • Name: i�41,0 Signature_ :,�� r Signature ( ignature ackn, led es that this (Signature acknowledges that this applicatio is bei g filed) application is being filed) Address: . $ 5 Le - o-r.. Gr-o ye_ , Gil 9�945 Phone No. @lI) 5S7_-494 2 Fax No. (0 5%2- — Z 4 25 Fax No. Date: I /tc /O(p Date: Address: Phone No. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: LA 16 'm.E Q ? LOM Name: Signature Signature (Signa e acknowledges that this (Signature acknowledges that this app ication is being filed) application is being filed) Address: 2400 E., 4- S+ CA c lct5o Phone No. tla 1' 4 16 - 41 a7 Fax No. Date: (tof4) 4-10-42-8q Tentative Parcel/Subdivision Map Application Revised March, 2003 Address: Phone No. Fax No. Date: 4111 APPLICANT Name: MICA-1, L. El. PARIt-t (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: r - ahro, c?I Et . 17Zl.4o Phone No. Cam) '41 . 22 ra4. Fax No. (i t ) 7fac • &.4o ) Date: 1 r M *i 9b Revised NiarcL, GUUJ f= EB 0 2 2006 NATIONAL CITY, CALIFORNIA 15 FEB 2006 PM 1; 49 APPLICATION for -- —_ Conditional Use Permit --- x Planned Development Permit Planned Unit Development Pernut Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 A iZ RT • p.F PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number In i Filing Fee $ Receipt No. Date Received _ 7 By E.A.F. Required Fee $ Related Cases _--- S -ao LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) OF -(- 4 E OLNR-9...7€,R) Tit `TO T A c `rtir`j_EUF No. 1433, PROPERTY LOCATION between I;a4�� and`��, COMBINED GENERAL, PLAN/ZONING DESIGNATION R_-1 (30 CrF AU-L) Zj 'F LAC i Ih) THE- TN/ OF n)4-nor,-t- c- `i F WtJ1t� Z7 b O E. �{`� S�r-� TY ct u �y a r � n � No. CYfPP} C_A i_-t t2-Ni PC. Conditional Use/Planned Development/Planned Unit Development Permit A Revised December, 1998 Page 1 of4 Application REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development oP sit (Chapter 18,30) to use the above described property for the following p u„)\ \ , ►�• .� 0.. cEnn- c.- 1. s� o.�. r 4o v -v`� r� O application: `rzt��-Rs tea` Ar— PROPERTY OWNER(S) of �l property m laded in this application: (Attached extra sheets if necessary). Name: Signature (Signa acknowledges that this application is being filed) Address: Z4C C) E. �-F*euzAddress: LIkr4 Name: Phone No. Fax No. _\ 4-1 O 47--VI Date:_ .?13 ale — 41D - 4 kZ7 Signature (Signature acknowledges that this application is being filed) Phone No. Fax No. _ Date: ±-'~ el LOB-r-e42 ' 1 Revised December, 1998 Page 2 of 4 APPLICANT Name: MicktieVaL, 'p 4GH (Please type or print) Signature: (Signature certifies that e information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: ckuo 1 5 E OR- q 7L( Phone No. (603) l4 - 2 - 4 Fax No. (603) 1 9, to toy} 5 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 Generations maX December 30, 2005 Mr. Andrew Hoskinson Associate Planner CITY OF NATIONAL CITY Planning Department 1243 National City Boulevard National City, California. 91950-4301 RE: PARADISE VILLAGE A Retirement Community Dear Mr. Hoskinson, 8601 S.E. Causey Avenue Portland, OR 97266 (503) 652-0750 FAX 652-1691 On behalf of Paradise Valley Hospital and Generations Development, we are pleased to present to you this tentative map submission and development review material. Within this material, you will find narratives from each of our consultants as well as material generated to express the parameters and quality of this project. A packet of information on Generations, A Family of Companies, is included to share the personnel a.nd experience in retirement communities. Paradise Village will be the twenty- fourth community designed, developed, and constructed by Generations Development. As projects are completed through the construction department, they are turned over to our operations division, providing service to our residents. The development team for this project is as follows: Architect: Civil Engineer: Michael G. Parich; California license number C30425 8601 SE Causey Suite No. 1 Portland, Oregon. 97266 (503) 594-2254 ph. (503) 786-6451 fax. e-mail: iparich a gencrationsllc.com BDS Engineering Thomas Jones, P.E., L.S. 6859 Federal Boulevard Lemon Grove, California 91945 inn, ..1- (so1J) la.i e-mail: tjones a.bdscnginecrine..conl f�� Mr. Andrew Hoskinson December 30, 2005 Page 2 Landscape Architect: Nowell and Associates Gregory Nowell, ASLA 4010 Goldfinch Street San Diego, California 92103 (619) 325-1990 ph. (619) 325-1997 fax e-mail: greg@nowellassociates.com Traffic Engineer: Soils Investigation: LOS Engineering Justin Rasas 6342 Ferris Square San Diego, California 92121 (619) 890-1253 ph. (619) 374-7247 fax e-mail: justinlosengineering.com Christian Wheeler Shawn Caya 4925 Mercury Street San Diego, California 92111 (858) 496-9760 ph. (858) 496-9758 fax e-mail: scaya(Otchristianwheeler.com Environmental SECOR Assessment: Kyle D. Emerson 25864-F Business Center Drive Redlands, California. 92374 (909) 335-6116 ph. (909) 335-6120 fax PARADISE VILLAGE Paradise Village will be a new retirement community consisting of residential units specifically designed for those that are 55 years of age and older, and those in need of specific services found in a development such as this. This district will consist of 405 Independent / Congregate apartments and 92 Assisted Living Units. The staff will serve residents and providing assistance that will allow them to age in place. The Village has a commons building and outdoor recreation areas that will include a putting course, walking paths, outdoor gaming and other recreational areas. Mr. Andrew Hoskinson December 30, 2005 Page 3 THE VILLAGE SQUARE The Village Square or commons, will provide social services for the residents; this building will include a full service fitness center, including an Olympic length swimming pool, spa, aerobics, and weights. A fitness coordinator and social director will be part of the Village Square staff. A commercial kitchen and two restaurants with different venues will be provided in the Square. Dining can be formal or informal, with seating inside and out. Included as well, is a 250+ seat auditorium -cinema, meditation room and chaplain's office, activity rooms, art studio, salon, library, book store and center, and health care offices. There will be a credit union and billiards/game area. On the roof will be an outdoor activity area which will include a tennis court and roof top social area. This social area will include an eatery and serving area, fire pit and lounge seating. INDEPENDENT AND CONGREGATE LIVING Independent resident apartments are specifically designed for those that are older, and/or retired, or in need of specific service. A matrix shown on the architectural cover sheet defines the type and quantity of residential units; 2-bedroom, 1-bedroom/den, and 1- bedroom. Each unit is provided with features designed for those who are older, or frail. Part of our mission though is to assist residents by providing opportunity for individual and group socialization both in leisure time and physical activities. Activities utilize local and community resources to create a normal, realistic environment for the residents. All units are handicap accessible or adaptable. Each unit includes a nurse call system. Residents carry a pendent, bracelet, or fob which can locate any resident as they are on campus. As residents age, they require additional services. With this requested aid, the residents move into more of a "congregate" classification. Residents may request support in cleaning of their apartments, change of linens, aid in showering, meal preparation, and the like. As with all residents of the Village, they will have full access to the village square and its functions. They will carry a pendent, bracelet, or fob which can locate any resident as they are on campus. All units are handicap accessible or adaptable, and include a nurse call. ASSISTED LIVING T'.xc Village will also include an Assisted Living Facility, designed for residents that are in need of additional services beyond independent or congregate living. The purpose of a licensed facility is to promote and provide the availability of a wide range of appropriate services for elderly and disabled persons in a shared, homelike environment. The facility is designed to enhance the dignity, independence, individuality, and decision making the architectural cover sheet defines the type and quantity of Assisted Living residential units; 2-bedroom, 1-bedroom, and studio. Mr. Andrew Hoskinson December 30, 2005 Page 4 Included in the Assisted Living, is the kitchen and dining areas, social areas for card and games, media, bather facility, activity areas including an activity director. The director orchestrates functions for residents; to provide opportunity for individual and group socialization both with leisure time and physical activities. Activities utilize local and community resources to create a normal, realistic environment for the residents. All units are handicap accessible or adaptable. Each unit will include nurse call system. Residents carry a pendent, bracelet, or fob which can locate any resident as they are on campus. As mentioned earlier, we have enclosed an environmental assessment. This report is a level one environmental report, which does not include information on plant materials and animals, so we will have a Biologist's biological resource letter to you as soon as reasonably possible. At this time, we are working on a sketch -up power point presentation that we will share with you as soon as completed. Residential building "A" has been provided in this submission to reflect the typical layout for building colors, along with a matrix of colors to be shown on all buildings. Lastly, we would like to thank -you in advance for your consideration with this proposal. As this development is of a large scale, some items may evolve slightly as we acquire additional information or requests. The basic parameters of this project, both in size and quality, are included herein. Sincerely, 4i-E. ��1GUl� Michael G. Parich, Architect C_\nydoc\paradi seval I ey\tentmap 12-30-05 Paradise Village Retirement Community at Paradise Valley Hospital National City, California The purpose of the landscaping at Paradise Village is to provide the residents of the Village with opportunities for both recreation and relaxation in a park -like setting and give those using or visiting Paradise Village a resort quality landscape to enjoy. To assure that the Village will be harmonious with the design themes established at the adjoining Paradise Valley Hospital, the perimeter fencing of the hospital will be extended to include the Village's frontage along 4th Street. This fence, like at the hospital, will be set back behind plantings of flowering shrubs, ground covers and palm tree street trees. The entry to the Village will be marked by the pedestrian arches used at the hospital, repeated here on either side of the Village's entry drive. The entry drive itself will feature a triple row of palms, one on each side of the drive and one down the planted median dividing the roadway. Palm trees will not only mark the entrance to the Village, they will be used to mark the entrances to all the buildings within the Village as well. To the west of the entry drive is the first of the open spaces to be found within the Village. Here residents can enjoy a nine hole putting course, or spend time with their friends and neighbors in a round of shuffleboard or bocce ball. For those wishing to just be out enjoying the clay, patios will provide a relaxing place to sit, chat or read. To the east of the entry, the Assisted Living Facility will have its own gardens tucked away in the landscaping providing space for healing and therapeutic gardens. Paradise Village will offer its residents and users alike with pedestrian access throughout the site for those wishing to stroll the grounds, walk their commute to work or visit the Village Square. Paradise Village recognizes that it is not an isolated community, but both a part of the larger Paradise Valley Hospital campus and the community surrounding it. The streetscape between the Buildings A / B, and C / D will be landscaped with groves of vertical form trees to reduce the apparent mass of these buildings. The roadway itself will meander to break up long sight lines and a bridge will give the appearance of spanning the water feature running between the buildings. Foundation plantings and vines will soften the base of the buildings where the parking levels are visible. Entering the space bounded by Buildings C, D and E one will find the Village Ellipse. The Ellipse is a large open space landscaped with walks, benches, trees and flowers for residents to be out enjoying, and it creates a pleasing green space to look down on from the surrounding residential units. To the east of Buildings D and E are the Community Garden plots. Here, raised garden plots will allow the Village residents the opportunity to work in the garden, or sit and talk with their neighbors while they tend to their plants. The siting of the gardens here will also allow the residents of Paradise Walk the ability to use these plots should the Paradise Village residents not fully utilize the grounds. 'th Street is proposed to become a pedestrian promenade tying together Paradise Walk, Paradise Village, the Church and Fellowship Hall. This tree lined promenade will become the major pedestrian access for the residents of Paradise Walk who work on the hospital campus, and will provide the community at large a unique space to hold Farmer's Markets and Art/Street Fair type large gatherings. Building F is provided with its own small-scale gardens for the resident's enjoyment should they not want to stroll to the larger gardens within the Village. These gardens will help screen the building and residents from the traffic of 8th Street. r 1 s F F a • t • a • • • • i 9 P g tall! WW1 !NM 1111N1 :iiii:e m!! i YSSii F 4{ 1 11111110 11 111 1 ills HER 111111�1 I MEN MIN PTO 1101 ippll wpm Hum 11�]{Ay /��1 ON III'I' �� � I �� ifs f P.A1 AOIeE ,viLLAGE RETI 1ENT C.OMMUNITY SHEET - PROJECT INFORMATION Paradise Village Retirement Community A wadi.e valley xeygd o.a.raaon. Family of Colapalll.. 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O+emsEer me. Imal nwasw(MuNvWNrRro Small Accent Trees & Accent Palms rale.612 W0ays6RL.430.1 10.011PH1 aICIKIMOVIRaMIEY01 OINTMEI 1NMi41111.1Ey.. RNA, cam. g.NB14Y6 WIgpeeMi,LN{Yl noel eeMarl PBE4•s Om.. Palm Trees: tTau•sg.ssE: 44 W IMI®R asYYil W M,6F P4M ME@S(gCn MA 111.. i.B erata9MV 11VAMMmlv4» rNan,BOVICATA MDIL vM PHy TWRIM6e1ui,.Q{RTpy419 Shrubs, Groundcovers, Vines, and Perennials: EN16(fYss0101.1 rpaF 10a1eeelw@ WE.wlwml imul.ATeNl BOanorue monadAficuery v MEMMano.NAM 1.1.1 r V.En A.19M) nr16RNWT®U91bEM11011 eMTHnU401 MWML'.PMJ11•IN9M]III.VOTGPN011rNelMrlr WBL'IaaNglj NOMBIw.Mge1M N.EE N.E0 al On a,slyn+= Mel+p Fogy{ w t.1icwow Yilawnip w+gs a+1arM(uv trtsu+oMP6RTIaax+orllpvM bAMaw lrueey m 0w.10311 eM4w.w.Mrht.ITNs LIMwuw. MM LIMY Pma1.4emeepoyImlwpin* Mlo6aWilinkutBMpnMgYpoareasossoareassasarbwassiseaseemasnomVP. wM.wwMueamenco aaeM Pos...NeeBEre.Ol lor.m.yxf6.ME,N4e1@ MMMII1eM/gUlyu µr611eNq oblaslMaolito �MLLn Pal IV .a.MIM1 ILLYPM r1 1e1 1MgnMIWIWMBMTW MryMww. autersefUlj I V ICOMAN111x1e,1e1ALLM BE en.&nMF66YsV TMae OUW 1Mw3'rte WMIW W0.(110 0 1e1Wl RW4NterrlrNWM'ee11w BUM MflEYP MIA 41MnEey4Ty®a a®aq 111.EE1 W MIY11eecTTrMLMNfl PARADISE VILLAGE RETIREMENT COMMUNITY g+IT+9Y0mE Kr:EWLO=r r...,w N0 1.1..mq cease MOB nr :, nrvw \ %fVAlkil 41It'.111, ♦..w r r.,y 6r EaeME1EME 112X MYMONO•0eE M1EaMY.w.ppp 1.01641111.0.1 1RVg1ag10M) hMgrae rN.0,416MIEYa NOTES ,-roIIGMNee1191eiKR61.YRVEMG el®. reu® LM11....®.0,116 NALlu661® MG ®MrsE0M.MSS Tor ./.e® 1R6TI[1,eYdlOMX +-PLnMae umrwml,E rauoweeMMVNowce E .swr(v194141 )1 .(a,amn6n6v mwMEg+YI+Me ca[6w.BMr,re119nrna awEl6Me eewuigMst .ve611,8,111NIEIVierap .rnees .e +M1wosMrBlOenm10. -nrssMMMIIII6T ee@rsNIN611E8 u1N.i Mwrwo11e161 ns +.U9M11®10.MMs110.. N.,E TrILI tMDMEOB11E IeegE961121 awsw.au *nInne®1MHsva YY6M1UMlU1 Mele.Te_OYr11 eill.reeMCNM.YE1s .. NUIB61Nr YBl.WM1WaRMo osen.ee $.11eNA.MI®IINI.ReTe16TYs11ER mom.. MO1 W.INYI W�MYMN4s[ I. mew 6 W MceM+6- L-1 LANDSCAPE CONCEPT PLN NATIONAL CITY, CALIFORNIA «rMMVaEI e r e ® %i7%7/// / 7/////// BURDEN DR. 11111111 1 II III GIIIIIIL!1!I' IIIII 111111111 11 BUILDING "E" ARCADIA AVE. PROJECT 5IGNAc E PLAN cO* REIE BLOCK COLUMN / rcltE Scope INCLUDNN, NOTE, 3JILDIN6 EXTRIGW MAY HAVE EUILom vAME AM>!OR STREET AODRE55 ON EALN. BUILDING "D" PARADISE WALK 1 _tt C•S ,A nwYe)S. M . !MO IW�yy IW ION. �,� ._ u:yN,..0 PARADISE VALLEY HOSPITAL COMPLEX 'nNoscnPE PREL/.ST LOIGRETE PAGIA UNIT P-D' IDE i-0' EEP PERIMETER FENCE DESIGN JIIIIIIIIL_ TDOOR ! ATI. BUILDING "G'1 IIIII I I I I I OUSxb CO tNETE BIOGK- 81..0U0 NNW SAN DIEGO ACADEMY � �� � � • �_ �YYIiWYYWIIIoI Paradise Village Rstir.mont Community A Pavane* Vilify wws r of o..uldes tirt••p e 4 4 NOW. 4 WES i O/iMwY flUI LOU,*r ELEVATIONS // �o OUILOIND A ELEVATIONS NORT4 AND WEST ELEVATIONS Paradise Village Retirement Community A PerMw Volley N.gler Oegwralloso raga, MICompil's hmasnllp oo:.0 1 411 00.1..1•1•11•••••••••••• •••••••••••••••101.1.14.1,86 p•a•11•61••••••...•MINVIOMMI. 1.111.•••••••••••••• tOirwrystaatonitsairraltm7t 411101010•41411111•01.0110 mazrawasurmriewifilarlitt4 .1•11•1111• 311,8700.111,•••••••.••• - ... MiiiiisPow.- • 4P• 1•••••••• -111 thagil' 111111a.0••••••• ale• .4•Inesmar• toreros worn, 1. -.••••••••••••••n 1 1 1 1 1 1 1 1 1 1 1 1 ..w • 1 BUILDING H VILLAGE SQUARE 1 24 J y AM, NVId A3,13116 mmt - _I rn:(v __n .w W M. (NI • N • ( ` ,I.M TYY0 =WOW MOW TfCV .S� -`:7 r_--.-__Ai-_ T -_-.--_.mot I I I I I I i-J SIALDING 14 (yI l er r SPARE) WILDING PLAN IIi6T P1-00f2 PLAN O �INN i■r■��Ir■ ■■■•■NI� ■■■■■■I Paradise Village Retirement Community A Farnlee Valley Naapkal / eeanauoaa Family of Ceagmreee Paellearelelp mMNY CIp' rrNni� ipi 1 — LL61:N Olean 161 • • RYI••• MrdTNp •11.010fW •T1 1tl 11�1 N T1.•• 12•1•••••• IpNUTT1W QO 0 O-� O � 0 3 -- %%�0 _.•• • ..... ... . HI • • • • • • ♦ • • • • • 0 0 0 M 0 0 L-1 . M111111111 11:11111111 1111. 10 11 ' otiit." . r • K• 0 00 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 19 ITEM TITLE Public Hearing — Street Vacation for the closing of that portion of 7tl Street east of Burden Drive and west of Arcadia Avenue (Applicant: Generations Development, LLC) (Case file no. SC-2006-1) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION City Council initiated this item at their May 16, 2006 meeting. The Planning Commission then held a hearing at their June 19, 2006 meeting and found the requested vacation in compliance with the General Plan. The attached background report more fully describes the proposed street vacation, which is requested to accommodate a proposed 498-unit senior housing community. Associated items on this agenda include: • Public Hearing for a General Plan/Zone Change amendment to Senior Citizens' Housing (RM-3) • Public Hearing for a Planned Development Permit and Tentative Subdivision Map for the proposed senior housing community Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision o the Planning Commission and recommends approval of the requested Street Vacation. BOARD / COMMISSION RECOMMENDATION The Planning Commission found the item in compliance with the General Plan. Vote: Ayes — DeLaPaz, Reynolds, Flores, Baca, Alvarado, Carrillo. Abstain: Pruitt. ATTACHMENTS ( Listed Below ) 1. Background Report 3. Location Map 2. Recommended Findings 4. Depaitment/Agency Comments Resolution No. 5. Application A-200 (9/99) BACKGROUND REPORT The National City Street Vacation Procedures were recently revised in January 2006. The revised Procedures require the Planning Commission to hold a hearing on each proposed Street Vacation in order to consider the conformity of the proposal with the City's adopted General Plan. The Procedures then require City Council to hold a public hearing to consider the request and make certain legal findings in order to either approve or deny the vacation. Consequently, City Council initiated the requested Street Vacation at their May 16, 2006 meeting and the Planning Commission discussed the item on their June 19, 2006 hearing. The area involved is the one -block portion of East 7th Street that lies between Burden Drive and Arcadia Avenue in the Private Institutional Zone (IP-PD). This portion of the street includes two lanes, is 427 feet long and 40 feet wide, and includes approximately 17,112 square feet. The street is improved in this area, including curb, gutter, and sidewalks. Vehicular access is available to it from both Burden Drive and Arcadia Avenue. Paradise Valley Hospital and Seventh-Day Adventist Church own all the parcels on either side of the proposed street. The four structures now existing on the street are located primarily around the intersection of a 7th Street and Burden Drive, including Paradise Valley Church at the southeast comer and church offices on the northeast comer. The other two structures are the Hospital Credit Union on the north and a small office building adjacent to the church on the south side. The east end of the street is vacant on either side; however, a new condominium project (Paradise Walk) is currently under construction across Arcadia Avenue from 7th Street (see attached plans). Access to that project was proposed primarily through Arcadia Avenue to 8th Street. The proposed section of 7th Street and all uses surrounding it are located within the Private Institutional (IP-PD) zone. PROPOSAL The applicant is requesting to vacate this portion of 7th Street in order to facilitate a proposed 498 unit retirement community that spans from 4th to 8th Street on the Hospital's property. The applicant proposes to demolish all of the existing structures on the 11.9-acre site (e.g. school buildings, office buildings, and single-family houses), and construct the retirement community, Paradise Village. The retirement community will be comprised of a total of seven (7) residential buildings with 406 independent/congregate living units and 92 assisted living units; all seven residential buildings will be connected by skybridges. There will also be a "village square" with a commercial kitchen and two restaurants, a 250 seat auditorium/cinema, health care offices, and a fitness room. One element of the proposed project includes generating a pedestrian promenade along the current 7th Street right-of-way through various improvements described in the project plans, while retaining emergency vehicle access through the street. No structures are planned within the existing right-of- way to be closed. All required utility easements through the property will be maintained or relocated through the associated subdivision map for the senior community. ANALYSIS The City's Circulation Element of the General Plan does not identify 7th Street as an important transportation network component, so the only potential need for the street is to serve as access to those properties adjacent to it. If vacated, the ownership would revert to the abutting property owners and as noted above, it currently only serves as access to hospital properties. As future access to these sites will be provided from both public (Arcadia Avenue and Burden Drive) and private streets, there does not appear to be any future public need for use of the street. The street will be upgraded and remain available for pedestrians to pass through the site, while also linking the adjacent Paradise Walk residential project to the hospital. In addition, the proposal includes retaining emergency vehicle access through the vacated right-of-way, as requested by the City Fire Marshal. Thus, vacating the section of 7th Street between Burden Drive and Arcadia Avenue is consistent with the city's General Plan. The Planning Commission reviewed the item on a previous agenda and found the proposed vacation was consistent with the goals of the City's General Plan. RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. That the area to be vacated is not needed for present or future public transportation uses, since the properties abutting the streets in consideration will have access to both private and public streets, since a portion of an adjacent street (Arcadia Avenue) that is currently closed is proposed to be reopened and widened to provide access, and since the area will still provide for pedestrian circulation through the creation of a pedestrian promenade over the site. 2. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, since adjacent streets will allow for the same through travel, since proposed improvements include new pedestrian access points and linkages, and since the urbanized, institutional/residential location is inappropriate for equestrian activity, it will however be improved as a pedestrian promenade to allow for use by pedestrians and bicyclists without motorized vehicles, except for emergency vehicle access which will be maintained. 3. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan does not identify this portion of 7th Street as arterial or collector streets, or identify any need for the right-of-way to be used for public purposes, and since emergency vehicle access will be maintained. 3 STREET VACATION AREA Street Vacation for a portion of 7th Street between Burden Dr. and Arcadia Ave. I NATIONAL SC-2006-1 ITY PLANNING IHEARING: 10/17/06 CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: TO: June 14, 2006 Angela Reeder, Associate Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: SC-2006-1 Please note our following comments and recommendations: 1) 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. 2) Fire access must be maintained. Minimum fire access roadway shall be 20 feet clear width with a clear vertical clearance of 13 feet 6 inches. Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may be necessary upon submission of a complete set of plans for permit review. • soE A'Sempra Energy utility' June 12, 2006 City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Attn: Angela Reeder • San Diego Gas & Electric 8335 Century Park Court San Diego, CA 92123 Re: Your Case File No.: SC-2006-1 Property Location: 7th Street, East of Burden Dr. & West of Arcadia Avenue This letter is in response to your request to comment on any conflicts San Diego Gas & Electric Company might have regarding the project mentioned above. SDG&E currently has existing facilities in the area proposed to be vacated. When processing this, please place a reservation for our facilities in the closing resolution. Please provide this office with a copy of the Final Closing Resolution. Should you have any questions, please contact me at (858) 637-7989. Thank you. Respectfully, Colleen Fino Land Assistant Land Services SVVEETWATER AUTHOR!! 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org June 21, 2006 Ms. Angela Reeder, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD W.D. "BUD" POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM" DOUR RON MORRISON MARY SALAS MARGARET COOK WELSH DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER Subject: Proposed Vacation of 7th Street between Burden Drive and Arcadia Avenue, N.C. Case File No. SC-2006-1 SWA Files: Vacations (Gen.) and Paradise Valley Hospital Care Facility (Dev.) Dear Ms. Reeder: Enclosed is a copy of Sweetwater Authority's (Authority) composite facility map, 1/4 SEC. 105, noting the proposed street vacation. The Owner must submit design plans to show all water facilities for the proposed project and how the existing facilities will be handled, which include two domestic water services, one 6-inch private fire service, and one fire hydrant, as well as a 6-inch water main. If the street vacation is granted, the Authority requires a 20-foot-wide easement centered over the main and finger easements for all appurtenances. No structures or buildings may be erected, walls constructed, fences built, nor trees planted within the easement. No changes in the existing grade may be made without prior written approval by the Authority, and it is imperative that Authority staff has twenty-four (24) hour access to all Authority water facilities. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:ss enclosure: portion of 1/4 SEC. 105 map cc: Ms. Rochelle Wisdom, Director of Facilities Paradise Valley Hospital 2400 E. 4th Street National City, CA 91950 Mr. Tom Jones BDS Engineering 6859 Federal Boulevard Lemon Grove, CA 91945 13engAGen'.Vacations\Corresp\Ltr - Vacation - Paradise Valley Hosp Care Fac.doc A Public Water Agency Serving National City, Chula Vista and Surrounding Areas f7 This map wee developed 6y Sweewater AWMny for Intemel illustration only. die not designed to provide technical Moll, and should not be used for any over purposes without Me seems written permission of Sweetwater Authonly. Sweetwater Aultgnty - hnp:usx9n0Lsxeetweter erg SCS .molt Avenue Chute Vide, CA 91912-23213 (619) 420-1413 FAX: (619) 425-7469 Location of water facilities ere approximate only, based nn record intern -tattoo. Fora more eccum. Iccatlon, water kidlike must be Mdblo,a:ad. Call U.S, ® 1A00-422-4133 t,rn days prior 10 escaveten. ibe Mrcel or ma] darn 50,00n en 4 00 San 015 - htm/Avnw.sangis.org 1010 Second Avenue, Suite 130A San Dlepo, CA 921014903 Subject Project: Paradise Village 1/4 SEC. 105 SCALE: 1 INCH = 200 FEET v 10 J11. 2006 riN11:41 5159 Federal Boulevard San Diego, California 92105-5486 1619) 263-9251 cow COMMUNICATIONS July 7, 2006 City of National City 1243 National City Blvd. National City, Ca 91950 Attention: Angela Reeder RE: STREET VACATION CASE FILE NO. SC-2006-1 7TH STREET BETWEEN BURDEN DR. & ARCACIA AV. As per your request as to whether Cox Communications, Inc., has an interest in the above vacation. Cox Communications, has does have facilities within the area to be vacated on 7TH Street and will require a reservation for our facilities. If relocation of the facilities is required, please contact our planner for this area, Sara Dufour at (619) 266-5480. If you have any questions, please give me a call at (619) 266-5206. Sincerely, 697/1- aVZ(- Ienna Taylor Cox Communications Right of Way Agent II City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Location: A one -block portion of East 7th Street that lies between Burden Drive and Arcadia Avenue, within the City of National City. This portion of the street includes two lanes, is 427 feet long and 40 feet wide, and includes approximately 17,112 square feet. Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Street vacation of a one -block portion of E. 7th Street in order to facilitate development of a senior housing community and improve the street as a pedestrian promenade with emergency vehicle access maintained. Applicant Name and Address: Michael Parich, Generations, LLC 8601 SE Causey, Suite 1 Portland, OR 97266 Telephone Number: (503) 652-0750 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 32 Section 15332 (In -Fill Development Projects) ❑ Not a project as defined in Section 15332 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This street vacation will allow for in -fill development (development of a institutional lot), with a new senior housing community, consistent with all applicable General Plan and zoning regulations. Additionally, the site provides no endangered or threatened species habitat. Approval would not produce significant environmental effects. Date: AivGi i.A KL"L'1J. K Associate Planner 41100 1110 ON`""1 a"'""wat, STREET or ALLEY VACATION REQUEST NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM Filing Fee $ (a1S(63 Date Received 4/P/bL' E.A.F. Required Related Cases NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacation of l ZE .T located between lE2012DE►1 . Al to AVE_. and as more particularly shown and described on drawing of area to be vacated, prepared by e2p6i F1 1>v> lzIsir, dated 1 /69/ 2e3f:76o , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) T6 FAG I►_ITA E IZETlizemEt1T GCsMMUN(T'T DEG l6t1/ '11.J.ea i (]Ul2ne a AKO A n t.a AVEti. it IE -ra f5F VAC i eta NnTE . AV 4171 n A vt^1.1u>✓ 1?-T e 'T>; P.lr> tz> � mR 1sir lb , Title Examination Report obtained by 4-e a r+ 1 ' ¥k date 4/i 7 /ot,o (attach copy) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 •- •• PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: ktaan�a . 5orfolo Name: CEo Signature (Signat4e acknowledges that this application is being filed) i aro-duscVo-ttet.t f ei-a. Address: e2',too i . 4 -f reef Signature (Signature acknowledges that this application is being filed) Address: Phone No. ((v( 46 410 —44 1.v) Phone No. Fax No.. ((4 15 410 -4.417 Fax No. Date: .313 f o cP Date: APPLICANT Name: NA 161-t2 L F, l'4la1G1-4 (Please type or print) Signature: --G. (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 241 SE GAU EY SUt FFZZ11 ND, 012 "724,4 Phone No. Fax No. Date: (,53) 4•''2 - 3/3 (ol.= Revised December, 1998 Page 2 of 2 , EXHIBIT "A" 7TH STREET VACATION VACATION OF THAT PORTION OF 7TH STREET DEDICATED TO THE CITY OF NATIONAL CITY ON TRANQUILLA PLACE, MAP NO. 1433 FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO APRIL 26, 1912, TOGETHER WITH THAT PORTION OF 7TH STREET GRANTED TO THE CITY OF NATIONAL CITY PER DOCUMENT FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO APRIL 11, 1938 IN BOOK 765, PAGE 312, ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF QUARTER SECTION ONE HUNDRED FIVE (105) RANCHO DE LA NACION, MAP NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 11, 1869, WITH THE NORTH AND SOUTH CENTERLINE OF SAID QUARTER SECTION; THENCE SOUTH 71° 14' WEST A DISTANCE OF 155.00 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID SECTION 105 ALONG THE EASTERLY LINE OF BURDEN DRIVE AND ITS SOUTHERLY PROLONGATION NORTH 18° 46' WEST A DISTANCE OF 301.84 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF 7TH STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE OF 7TH STREET NORTH 71° 14' EAST A DISTANCE OF 427.75 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF ARCADIA AVENUE, 60 FEET WIDE; THENCE ALONG SAID PROLONGATION NORTH 18° 30' WEST A DISTANCE OF 40.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID 7TH STREET AND THE WESTERLY LINE OF SAID ARCADIA AVENUE; THENCE ALONG SAID NORTHERLY LINE OF 7TH STREET SOUTH 71° 14' WEST A DISTANCE OF 427.94 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BURDEN DRIVE; THENCE ALONG SAID PROLONGATION SOUTH 18° 46' EAST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. THOMAS A. JO L.S. 6622 L'.\PROJECTS\0482\Admin\Leeals\EXHIBIT A -Street Vacation.doc w EXHIBIT SLY 72 SrCT 105 RA1 O() Dr IA NAr1ON J\71L\P 1\1J. 166 \,/c;. 30' 30' w CO R.J.S. 8: 46 S 71'14' W 427.94' /j� /-STREET7/ / / I\ 71'14' E 427.75' T.P.O.B. R.J.S. 87346 NORTH SOUTH ,/ CENTERLINE OF SECTION 105 _/ ARCADIA AVENUE I i TFANQUiLLA Jv7JA P 1�1 J '1�r N 71'14' E 155.00' 8TH STREET 6TH STREET 30' N 18'30' W 40.00' z 0 0 SOUTHERLY LINE P.O.C. OF SECTION 105 LEGHD -14 INDICATES PORTION OF 7TH STREET VACATED HEREON DWG .EH E: L\PROJECTS\0482\Engr\St Vacation\7th St VocaUon.dwg City of National City, California COUNCIL AGENDA STATEMENT 20 MEETING DATE October 17, 2006 AGENDA ITEM NO. (11:EM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 W OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF THE CITY MANAGER PREPARED BY EXPLANATION 4u George H. Eiser, III 1' DEPARTMENT City Attorney (Ext. 4221) Pursuant to the administrative consolidation of the CDC with the City earlier this year, the City Manager was appointed Executive Director of the CDC. Section 2.01.020 W of the Municipal Code, which sets forth the duties of the City Manager, was thereafter amended to reflect this additional authority. Recently, the City Manager delegated the duties of Executive Director of the CDC to Brad Raulston. The proposed amendment would reflect this action by specifically enabling the City Manager to delegate this authiority. Environmental Review V. N/A Financial Statement N/A Approved By: Finance Director Account No. J STAFF RECOMMENDATION Approve ordinance. BOARD / COMMISSION RECOMMENDATION N/A .,a ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. ♦ A-200 (9/99) J ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 W OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE AUTHORITY OF THE CITY MANAGER BE IT ORDAINED by the City Council of the City of National City that Subsection W of Section 2.01.020 of the National City Municipal Code is hereby amended to read as follows: W. To serve as executive director and secretary of the Community Development Commission of the City of National City, and to delegate that authority. PASSED and ADOPTED this day of 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney n1EETING DATE 10/17/06 City of National City, California COUNCIL AGENDA STATEMENT 21 AGENDA ITEM NO. / ITEM TITLE Resolution of City Council approving agreement with the Unified Port of San Diego for displaying an art exhibit entitled "Shift Change, a Working Waterfront" by Ming Lowe. PREPARED BY Susanna H. Peredo DEPARTMENT EXPLANATION (619) 336-4243 See attached Staff Report. Community Services J Environmental Review N/A Financial Statement Option One: Approximately $2,000-$3,000. Clearing & restructuring entrance area & small gallery area of former library building into temporary art exhibition area. Option Two: Approximately $500-$1,000. Minimal manpower for installation of co nt photography exhibit. Funding is available through Account #001-409-000-21 No. STAFF RECOMMENDATION Staff recommends that City Council approve Option Two for exhibiting artist Ming Lowe's photographic exhibit, Shift Change: Working Waterfront. Council may also recommend an alternate City facility besides Option One & Option Two to house this exhibit for the month of December. Approval of agreement w/Port of San Diego. Option two consists sf City Council Chambers, lobby entrance area, and large conference room of City Hall, 2n floor. BOARD / COMMISSION RECOMMENDATION The NC Public Art Committee unanimously recommends Option Two because of the location's high visibility, adequate security, & minimal cost to the City. They also note that once completed, the future Arts Center will be the most appropriate venue for an exhibit of this size & caliber. ATTACHMENTS (Listed Below) „5)Agreement .)Curatorial examples for Option One )Curatorial examples for Option Two ?)Exhibition )Examples of museum -quality hanging products. Resolution No. Catalogues A-200 (9/80) STAFF REPORT: Shift Change: Working Waterfront by Ming Lowe The Port of San Diego's yearly 1.1 million -dollar Public Art budget allows for each of the 5 Port cities to experience a variety of different Public Art exhibitions/ installations both permanent and temporary. Shift Change: Working Waterfront, by photographer Ming Lowe is a traveling photography exhibit valued at $40,000. It is being offered on loan to the City of National City through the Port's Public Art Department and is currently available for the month of December 2006. This exhibit consists of thirty framed and matted 25" x 32" color photographs highlighting Port industry along the waterfront; one framed panel with text and illustrations; exhibition catalogues; and a DVD. Under this agreement, the City of National City will be responsible for the following: • Hanging photographs in accordance with professional museum standards regarding display, environmental control, lighting, visibility, and security. • Providing free access to all members of the community; including ADA access. • Providing at least two public notices in the form of press releases, website, or newsletter. • Providing a letter of self-insurance regarding its public liability exposures. The City of National City currently has coverage for loaned artwork under its property policy obtained through San Diego Pooled Insurance Program Authority (SANDPIPA); therefore no additional cost to the City is anticipated. On July 10t, 2006 I met with Marta Garsd from the Port's Public Art Dept. to determine which City facilities had the capacity to house an exhibit of this size and caliber. Option One: Full exhibit in entrance area and small "gallery area 1" of the old library building (former Local History Room). This choice would require that access areas be cleared or restructured. (See attached examples). Approximately $2,000.00-$3,000.00 to achieve museum quality standards. Option Two: Partial exhibit of approx. 20 photographs in City Council Chambers, Lobby area, and Large Conference room. This Iocation would necessitate minimal manpower to install and fulfills requirements for accessibility, and security under contract. (See attached example) Approximately $500.00 - $1,000.00 to achieve museum -quality standards. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE LOAN OF AN ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, . FOR DISPLAY IN NATIONAL CITY DURING THE MONTH OF DECEMBER, 2006 WHEREAS, the San Diego Unified Port District's yearly 1.1 Million dollar Public Art budget allows for each of the five Port cities, including National City, to experience and display a variety of different Public Art exhibitions, both permanent and temporary; and WHEREAS, the San Diego Unified Port District has offered to loan an art exhibit for display entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for the month of December, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the loan of an art exhibit entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for display during the month of December, 2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT FOR ART EXHIBITS This agreement is entered into by and between the San Diego Unified Port District ("DISTRICT") and the City of National City, California ("EXHIBITOR"), for display of a photographic exhibition titled Shift Change: Working Waterfront, by artist Ming C. Lowe ("EXHIBIT"). WHEREAS, Exhibitor desires to place its Exhibit on public display at City Hall, City of National City, specifically at the City Hall Lobby, City Hall Chamber and City Hall Main Conference Room. WHEREAS, The District's Public Art Committee or other duly authorized official(s) of the District has approved the temporary exhibition of the Exhibit at City Hall, City of National City, specifically at the City Hall Lobby, City Hall Chamber and City Hall Main Conference Room. NOW, THEREFORE, the District and the Exhibitor, for the consideration and under the conditions herein set forth, and pursuant to the authority, terms and conditions set forth in Policy No. 609, agree as follows: 1. OWNERSHIP The Exhibit will remain the property of the Port of San Diego. However, by virtue of this Agreement, the District agrees to relinquish possession of the Exhibit for the "Exhibition Period" desctibed in Section 9, below. 2. DESCRIPTIONS AND CONTENT The exhibit contents consists of twenty five framed and matted photographs of the Working Waterfront in San Diego titled Shift Change: Working Waterfront, by artist Ming C. Lowe, one framed poster with text and illustrations, and a DVD. 3. CONDITIONS OF EXHIBITIONS 3.1. Exhibition Space and Accessibilitv. Exhibitor is responsible for the hanging and display of photographs in accordance with professional museum standards regarding display, environmental control, lighting, visibility, and security. The exhibition shall be shown in a dignified and suitable manner appropriate to its content. 3.2. Admissions. The public should be admitted to the exhibition without discrimination or segregation and regardless of race, color, creed, sex, or native order. Every effort shall be made by Exhibitor to provide full access to the exhibition for disabled individuals. Exhibitor will also display a DVD provided by the District with information about the full content of the exhibition in an accessible area. The Exhibitor will accommodate anyone who requests free entrance to the Exhibit. 4. REPRODUCTION RIGHTS District has the right to photograph, film, videotape, or otherwise depict the Exhibit at any time during the Exhibition Period and to use such photographs, film, video tapes or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the District, provided that the District gives credit to the Exhibitor concurrently with such uses. Photography of the exhibition or its parts for sales or profit purposes is prohibited, and photography by public visitors is prohibited. Every effort shall be made by Exhibitor to enforce these prohibitions. Photography of the exhibition is permitted only for the purposes of promotion, education and documentation of the physical condition of the work. 5. CREDIT/PUBLICITY Exhibitor will provide at least two public notices of the exhibition for each month the Exhibit is shown and in accordance to District guidelines. These notices should be in the form of press releases, website content and/or Exhibitor's newsletter. Exhibitor will distribute exhibition catalogue and related marketing material provided by District 2 Agreement for Art Exhibit Port of San Diego -City of National City Exhibitor will provide the Port of San Diego, Public Art and Ming C. Lowe proper credit that will appear on the entrance to the exhibition and all related print or electronic related material in the following form: Shift Change: Working Waterfront, Photographic Essay, © 2006, Port of San Diego. On loan from the Port of San Diego. 6. REGISTRATIONS AND VALUE 6.1. Photographs are registered as property of the District. Framed photographs are labeled on the verso according to their registration number in the Collection of Public Art, Port of San Diego (Exhibit A). 6.2. Exhibit value: The estimated replacement value of the exhibition is $48,000 @ 1,600 per photograph. 7. HOLD HARMLESS Exhibitor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this service agreement, or Exhibitor's Exhibit, except claims or litigation arising through the sole negligence or willful misconduct of the District. It is the intent of this paragraph that Exhibitor indemnify and hold harmless District for any actions of Exhibitor or District, including duties that may be legally delegated to Exhibitor as to third parties, except for those arising out of the sole negligence or willful misconduct of District. The Indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Exhibitor's Exhibit, or arising from any defect in any part of the Exhibit. 8. SECURITY Exhibitor is responsible for the security of the exhibition while on its premises. 3 Agreement for Art Exhibit Port of San Diego -City of National City 9. EXHIBITION PERIOD The "Exhibition Period" means a period beginning on December 1, 2006 and ending on January 16, 2007. The Exhibition Period may be shortened but not extended in duration by mutual agreement between Exhibitor and the District. Notwithstanding the foregoing, the District reserves the right, in its sole discretion and with or without cause, to decline or terminate the Exhibition at any time. 10. TRANSPORTATION, INSTALLATION, MAINTENANCE AND REMOVAL a) The District will make the incoming and outgoing shipping arrangements from the Port's Offices to and from the exhibition site. The Exhibitor will be responsible for the professional wrapping and packaging of Exhibit contents after de -installation. The District shall not bear the cost of installation and /or de -installation. b) During the Exhibition Period, the Exhibitor shall be responsible for maintenance of the Exhibit. 11. EXHIBIT HONORARIA None. 12. LIABILITY FOR DAMAGE OR INJURY a) Property insurance for physical damage to the exhibit artifacts is provided by the District. The District will provide property insurance for the specific artifacts in the exhibit for time period of this agreement. The property insurance provided by the District includes All Risk coverage with a $1,000 deductible. The District will pay the deductible. This extra coverage will be obtained at no cost to the exhibitor. The District will submit to Exhibitor a written inventory of registered items on loan and estimated value of each and every item to be exhibited (Exhibit A). (I) A detailed inventory of all exhibit items, including their physical condition, must be verified at the time of installation and any time thereafter that exhibit items are removed or added. Inventory will include registration numbers of photographs as registered in the collection of Public Art, Port of San Diego Representatives of the District and Exhibitor, both of whom shall sign the inventory list retaining a copy, shall C;C,a.c LViJ 4C;IIIuC uVii j:,j iltj. 4 Agreement for Art Exhibit Port of San Diego -City of National City b). Exhibitor is responsible and liable for any damage or destruction Toss that may occur during installation, and during de -installation. Exhibitor shall maintain Commercial General Liability in the amount of $1,000,000 Combined Single Limit for the entire term of this agreement. This policy shall be endorsed to include the San Diego Unified District and its officers and employees as Additional Insureds. (I). The exhibitor shall furnish the District with certificates of insurance for the policies described above upon execution of their Exhibitor Agreement, upon renewal of any of these policies and prior to installing the exhibit. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. (II). A Certificate of Insurance in a form acceptable to the District evidencing the existence of the necessary insurance policies and original endorsements effecting coverage required shall be kept on file with the District. Mail certificates and endorsements to: Public Art Department San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 13. ENTIRE AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superceded hereby. 14. MODIFICATION No alteration, change, amendment or modification of the terms of this Agreement shall be valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the District and the Committee. 5 Agreement for Art Exhibit Port of San Diego -City of National City 15. GOVERNING LAW This agreement is entered into in and shall be governed by laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year set forth below. DATED: October 17, 2006. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY CATHERINE SASS NICK INZUNZA Public Art, Director Mayor APPROVED AS TO FORM Duane E. Bennett George H. Eiser, III Port Attorney City Attorney 6 Agreement for Art Exhibit Port of San Diego -City of National City Exhibit A Photographs (digital files and prints) in this Exhibit are registered under the general work title of "Ming Lowe's Photographic Exhibition" (also known in the literature as Shift Change: A Photographic Essay) as follows: Artist: Ming C. Lowe Unit Size: 25 x 32 inches, framed Media: Digital photo prints, digital files. Quantity: Twenty-nine (29) color photographs, one (1) black and white photograph, and thirty (30) corresponding digital files. Registration Numbers Lowe 1 /25bw Lowe2/25c Lowe3/25c Lowe4/25c Lowe5/25c Lowe6/25c Lowe7/25c Lowe8/25c Lowe9/25c Lowe 10/25c Lowe 11 /25c Lowe 12/25c Lowe 13/25c Lowe14/25c Lowe15/25c Lowe16/25c Lowe 17/25c Lowe 18/25c Lowe 19/25c Lowe20/25c Lowe21 /25c Title Shift Change Pasha # 1 Tenth Ave. # 1 Untitled Tenth Ave. # 2 Knight and Carver # 1 Nassco # 1 Dixiline # 2 Continental # 1 Dixiline # 3 BAE from Continental Continental # 2 Nassco # 3 Dixiline # 1 Continental # 3 Nassco # 2 Nassco # 6 Nassco # 5 Pasha # 2 Kelco # 1 Train 7 Agreement for Art Exhibit Port of San Diego -City of National City Lowe22/25c Pasha # 3 Lowe23/25c Continental # 4 Lowe24/25c Pasha # 4 Lowe25/25c H & M Landing LoweSeries2: 1/5 Dole LoweSeries2: 2/5 Nassco # 4 LoweSeries2: 3/5 Kelco # 2 LoweSeries2: 4/5 Knight and carver # 2 LoweSeries2: 5/5 Tenth Ave. # 2 MCL DVD 2006 DVD with digital documentation of entire Exhibit. Exhibit A 8 Agreement for Art Exhibit Port of San Diego -City of National City SHIFT CHANGE: ORI G WA I` ;RFROI T PHOTOGRAPHYE 81i BY MING LOWE OPTTON 1: t 1 2.4, 7) v:-.) \ (1:\ kA‘ 14.4-0.4j. CI CA —p. -"tiP"-A.V-50 t.4 PA \ V Tra c4"5,V1 k ' 17.-7) 1' �,.y-eve `c 1 r rz:71 SHIFT CHANGE: WORKING WATERFRONT PHOTOGRAPHY EXHIBIT BY MING LOWE. OPTION 2: CIT\'' HALL '2_ 1) :: , , ,..'' . ' ', .. ‘? . A111.4,.. Mr.h , ,,,,! +4, t,.., ; ,5.,,J14.„,,,„,,, /,‘,-,„,,wir,,, ,,,,if.1', ' ..,''''''''' 911.- • ' ',' ''..ff;111,,,'!i,,,%411''''''44' 41°''''''' .47, ',' .'' '''' ' ,,,,..,....,.., .''' , "' , ' i '..: ^,' i:§ iS. ' L r •I VIlkl:P U6,111 Wall ItoM 1,1",.et z)witirN • I 0,4'.4tqe . ' • %, • €4.1 :04f, ;c4c1.4, • • ql.t.,Y rtlA Niti:11:IS 1 .c.fi Side Wall IpitA 3111.S 0119 - 97,:.:41M2274-Pei it'jI'l"!t IN 0 :i3N:i 0:1:1.NO.) ;-^ -." ((NJPFR NCT:: M 1r•flIrk \Vl CI )!Ni (1:1:11% HUM I )NLI?I.I:{N(R. ) Arakawa Hanging Systems A t a k. a err a Sims and banner http://www.arakawagrip.com/i art.html 9/28/2006 Arakawa Hanging Systems Page 2 of 2 Project Florida Club, University of Florida Client: University of Florida Athletic Association Architect: RDG Sports 303 Locust Street Des Moines, IA 50309 515/288-3141 Phone Website: wv.rdgusa.com Photographer: Randy Batista Media Image Photography, Inc. 21 Southeast 2nd Place Gaineville, FL 32601 352/375-1911 Phone http://www.arakawagrip.com/i art.html 9/28/2006 ITEM #22 10/17/06 REQUEST TO AUTHORIZE A LETTER BE WRITTEN FROM THE MAYOR AND CITY COUNCIL REGARDING TRANSIT TO SANDAG - CITY MANAGER - City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 23 AGENDA ITEM NO. ITEM TITLE Time Extension Request — Tentative Subdivision Map to Divide a 12,750 Square Foot Property on the east side of C Avenue between 8th and 9th Street, into eight residential lots with a Conditional Use Permit for one of the lots to have an accessory living unit (Applicants: Alfonso Reynoso, Adolfo Gallegos, and Edgar Herrera)(Case File No. S-2004-6/CUP-2004-18) PREPARED BY Michael Fellows, 336-4310/b+ DEPARTMENT Planning EXPLANATION The City Council approved a Tentative Subdivision Map and Conditional Use Permit on September 21, 2004 for the development of eight rowhomes. The applicant, Alpha Project, a non- profit entity, had an agreement with the Community Development Commission (CDC) to provide two of the units for persons with moderate incomes. The property has since been sold, and the new property owners do not plan to provide any affordable units. All Tentative Subdivision Maps are approved with a condition allowing two years to finalize the map. As no Final Map has been processed for the proposed project, this Tentative Subdivision Map will expire unless extended. The Subdivision Ordinance allows up to three time extensions for a total of 36 months. The current property owners are requesting the time extension. They state that they have been working diligently with an architect and civil engineer to complete the subdivistion map, but need more time to complete the Final Map requirements. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the expiration date for S-2004-6/CUP-2004-18 be extended by one year to September 21, 2007. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution No. 2004-179 2. Location Map 3. Applicant's letter of request Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE BETWEEN 8TH STREET AND 9TH STREET, INTO EIGHT RESIDENTIAL LOTS WITH A CONDITIONAL USE PERMIT FOR ONE OF THE LOTS TO HAVE AN ACCESSORY LIVING UNIT APPLICANT: BRETT FARROW — FOR ALPHA PROJECT CASE FILE NO.: S-2004-6/CUP-2004-18 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described .as: 6808 Lot 4, 5, 6, 7 and a portion of Lot 8 in Block 4 .of W.C. Kimball's Subdivision of 10 Acre Lot 1 on Quarter Section 154 of Rancho De La Nacion, in the City. of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County March 10,1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on August 16, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on September 7, 2004, 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-2004-6 and CUP-2004-18 which are maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential Tots with a conditional use permit for one of the lots to have an accessory living unit, based on the following findings: 6809 Resolution No. 2004 —179 September 21, 2004 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1, The proposed map is consistent with the National City General Plan and applicable specific plans, since eight new homeownership opportunities will be created on a vacant commercial property at a density (30.2 units/acre) that is consistent with the maximum allowed by the General Plan (34.8 units/acre). Also, the high quality characteristics and urban style of the residential development will strengthen the urban residential neighborhood in this area as encouraged by the General Plan. Finally, there are no relevant specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the urban style residential development will harmonize with the existing urban residential and commercial, development. in the vicinity,and since most of the development in the area is multi -storied. 3. The site is physically suitable for the proposed .density of development, since the proposed 30.2 units/acre is consistent with the maximum 34.8 units/acre allowed by. the General Plan and with the density of existing nearby development, which varies within the project block from approximately 20 units/acre to 40 units/acre. Also, adequate off-street parking and private open space areas will be provided. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the small 12,950 square foot site, which was previously developed, is devoid of any vegetation, and since there are no bodies of water on -site. 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 Govemment Code Section 66474.6. Resolution No. 2004 —179 September 21, 2004 Page 3 6810 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 balancedby 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 coding 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 orlot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN ACCESSORY LIVING UNIT ON LOT 6 1. That the site for the proposed use is adequate in size and shape, since as a part of a larger project the site is large enough to accommodate the main living unit and small accessory living uniticompanion flat with adequate off-street parking and private open space. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since as part of a larger project, which itself will contribute only a minimal amount of traffic to the roads in the area, the two units on lot 6 will generate an insignificant 16 average daily trips which can easily be absorbed by the nearby residential and commercial roads. 3. . That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the density of the proposal is similar to that of nearby existing development and since a greater ratio of parking per unit will be provided and since adequate setbacks will be maintained. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of a multitude of residential housing types is encouraged by the City's General Plan and since the project will be meeting contemporary regional housing demand. • Resolution No. 2004 —179 September 21, 2004 Page 4 68i:i FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR REDUCED LOT SIZE AND STREET FRONTAGE 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the proposed project fully utilizes theelevated street and level alley frontage consistent with the pattern of existing residential development in the area. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vidnity, since the proposed subdivision and development include numerous design features that will make it compatible withthe adjacent urban residential and commercial properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this. Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS That the proposed front, side and rear yard setbacks are adequate to continue the existing development pattem on adjacent parcels, buffer the units from the streets and adjacent development while allowing for eight high quality residential units to be provided with a greater ratio of parking spaces per unit than other development in the area. FINDINGS FOR MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property, including shape, topography, and location, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since under the proposal a greater ratio of parking per unit will be provided than is provided on many of the developed properties in the area. Also, since the design of the off-street parking is both functional and consistent with City Design Guidelines. Finally, the proposed building heights are consistent with the heights of existing development in the area and under the same zoning classification, and are less than would he alhwed fr,r Resolution No. 2004 —179 September 21, 2004 Page 5 6812 2. That the requested exceptions are subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special. inconsistent with the limitations upon other Privileges which such property is. situated, since existing .nearby developmentsy and zone in Zone provide a lesser ratio of off-street parking- is - the CG parking lots. p ng spaces per unit in sub -standard 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since residential development is permitted in the General Commercial (CG) Zone with an approved site plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9"' Street, into eight residential Tots with a conditional use permit for oneof the Tots to have an accessory living unit is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the division of one project / site into eight Tots for development with eight residential units and one accessory living unit. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B-revised~ and C, Case File no. S-2004-6/CUP-2004-18, dated 7/20/2004, 7/20/2004 and 7/23/2004 respectively. 2.1 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. v The Conditional Use Permit shall not be relied upon nor shall a Final Map be approved until GP-2003-6 and A-2004-1 are effective. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attomey. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs.' 6813 Resolution No. 2004 —179 September 21, 2004 Page 6 5. A corporation, association, property owners' group,or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall incude compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services.. All exterior balcony/deck/stair railing shall be a high quality, low -maintenance //material (exduirig ), subject to review and approval of the Planning Director. '' If gated a rapid -gantry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. Estimated minimum fire flow requirement will be 2250 gpm for 2 hours: • 9. = Access to the auto court shall not be Tess than 20 feet wide with a vertical clearance of 13 feet 6 inches throughout. 10. Entire alley to be posted"NO PARKING FIRE LANE." 11. Unit 8 shall have an individual fire sprinklersystem subject to review and approval of the Fire Department. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking . lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall Resolution No. 2004 -179 September 21, 2004 Page 7 6814 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shallalso address the adequacy of the building pads, the criteila for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking- areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C., over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings andrecommendations shall be part of the Public Works Department requirements. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a dean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. The deteriorated portions of the existing street improvements (30' of sidewalks) along the property frontages shall be removed and replaced. 17. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on , private property 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed . grading, drainage, street improvements, landscaping and retaining wall work 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 work hours. 19. Street improvements shall be in accordance with City Standards. Alt missing street improvements (100' of curb and gutter) shall be constructed. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 21. 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. 6815 Resolution No. 2004 -179 September 21, 2004 Page 8 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements .with the Authority prior to obtaining the final map approval. 23. Separate water and sewer laterals shall be provided to each lot/parcel. 24. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 25. Alt utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. Alt new property line survey monuments shall be set on private property, unless otherwise approved. 28. 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. 29. Plans must comply with the 2001 editions of the Califomia Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 30. Television cablecompanies shall be notified a minimum of 48 hours prior to filling of cable trenches. 31. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 32. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 33, Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized Resolution No. 2004 -179 September 21, 2004 Page 9 6816 accepting all conditions imposed upon the approval of this permit. l ailure to return the signed and notarized Acceptance Form within 30 days .of its receipt shall automatically terminate the Tentative Subdivision Map / Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a. Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map / 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. 34. Approval of the tentative: map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Conditional Use Permit shall expire concurrent with the Tentative Subdivision Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day. of September, 2004. ,f, Pfr6k ' za, r ayor ATTEST: APPROVED AS TO FORM: Mic ael Dalla City Clerk George H. Eiser, III City Attorney 6817 Passed and adopted by the Council of the City of National City, California, on September 21, 2004, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, .California By: MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is: a full, true and correct copy of RESOLUTION NO. 2004-179 of the City of National City, California, passed and adopted by the Council of said City on September 21, 2004. N Ci Clerk of the Ci of National City, California By: Deputy PROJECT SITE ZONE BOUNDARY CITY BOUNDARY LOCATION MAP Time Extension request for a Tentative Subdivision Map of 8 residential units with a Conditional Use Permit for one of the lots on east side of C Avenue between 8th and 9th. S-2004-6 CUP-2004-18 NATIONAL CITY PLANNING DRN. DATE 8/16/06 INITIAL HEARING: 10/17/06 Alfonso Reynoso Adolfo A. Gallegos Edgar Herrera 374 E. "H" street, Suite A PMB 526 Chula Vista, CA 91910-7496 TEL (619) 805-5610 FAX (619) 623-3222 July 18, 2006 City of National City Planning Department 1243 National City Blvd National City, CA 91950-4301 Re: Time Extension Request Resolution # 2004-179 To Whom It May Concern: We are the new owners of the project at 817-831 C Avenue, National City. Resolution of the City Council # 2004-179 approving a Tentative Subdivision Map for this project will expire on 09/21/06, as this resolution was passed and adopted on 09/21/04. We just recently acquired this project on 02/16/06. Since then, we have been diligently working with the architect and civil engineer to complete the subdivision map. Due to the time restraint, we are concerned that we may not have a Final Subdivision Map completed by the above deadline. We request that a time extension be granted to our development group in order to continue forward with our project. Respectfully, Alfonso Reynoso date Aallegos date dg., errera date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 17, 2006 24 AGENDA ITEM NO. %ITEM TITLE Report to the City Council on a staff proposal to phase the repair for the Playhouse on Plaza and request for the City Council to designate funds for the project. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4383 EXPLANATION The Playhouse on Plaza was purchased by the CDC in May 2005. In May of 2006 the City Council was presented with the "Due Diligence Report" prepared by the Cornerstone Building Group which listed all of the deficiencies of the building and a cost analysis of the repairs. Repairs were estimated to cost $640,000. Due to budget concerns, staff has further reviewed the recommendations for the purposes of reducing costs and is proposing a plan of phasing the repairs in such a way that the City can do the repairs necessary to occupy the building and then phase in the other repairs as money becomes available. Attached is the staff report which outline the phasing proposal. Once the funding has been approved and the level of repair approved by the City Council staff will prepare an RFQ for architectural services. The architect will then prepare plans and specifications for bidding. r Environmental Review X N/A MIS Approval Financial Statement Approved By: CJ&42 It is recommended that $265,509 be allocated from the Community Finance Dir or Development Commission for this project >STAFF RECOMMENDATION Account No. Staff recommends that the City Council approve the phasing of the project and to include the life safety items and ADA upgrades s in th-g rst . - and direct the City Manager to designate funds for the project. �v/ BOARD / COMMISSION RREC. , EN' ION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Staff Report play A-200 (Rev. 7/03) Staff Report The "Due Diligence Report" prepared by the Cornerstone Building Group provided the City with recommendations to upgrade the Playhouse on Plaza in order to meet the current building code requirements and the industry standard of care. In addition, the study provided the City with a rough order of magnitude (ROM) estimate for the recommendations in the study. Per the study, the cost to complete all of the recommendations is estimated at $640,000. Due to budget considerations staff reviewed the report to determine what must be done per the building code before the building can be occupied and what could potentially be postponed to a later date. The California Building Code does not require that a building be brought up to code unless there is a change of use which changes the occupancy classification of the building to a higher occupancy classification. A permit was issued to the Lamb's Players in 1978 to convert the building to a theater. At the time the permit was issued the building met all code requirements. The use of the building has not changed since the permit was issued. The Playhouse will remain as a theater and the occupancy classification of A2 will remain unchanged. In addition, there is currently no proposal for remodeling the building, therefore per the California Building Code at this time there is not a requirement to upgrade to current code. The building code, however, does require that the building be maintained and all life safety issues be corrected. The building must also meet current ADA requirements per Federal law. With a goal of getting the Playhouse ready for occupancy, the recommendations in the report have been divided them into phases. These phases include 1) life safety upgrades, 2) liability upgrades, 3) comfort upgrades, 4) maintenance and 5) seismic upgrades. Staff is recommending that all life safety and liability upgrades be done immediately so the building can be occupied and that all others be scheduled as CIP projects for a later date as funds become available. Below is look at each of these issues and the staff's recommendation. Life Safety The life safety upgrades are those problems which will affect the life and safety of the occupants of the building. These items must be completed before the playhouse can be occupied by anyone. Staff is recommending that all of these items be done as soon as possible at a total cost of $141,688 plus 10% for General Contractor O&P ($14,168), architectural services ($45,000) and 10% contingency ($20,085) for a total of $220,941. These include: • Repair of the broken roof truss ($36,000). Failure to repair the truss will endanger the lives of the occupants. • Replace the black iron pipe on the roof ($7,013). Failure to repair the pipe may result in a fire which could endanger the occupants and destroy the building. • Perform all electrical upgrades ($27,475). Electrical deficiencies can result in a fire that could endanger the occupants and destroy the building. • Install a fire sprinkler system ($71,200). The fire sprinkler system is required by the code and must be installed before the building can be occupied. It will ensure that all occupants of the building remain safe in the event of a fire. Liability Liability issues include those items which could cause a law suit. The building could be occupied before the items are complete, however the City would leave itself open to litigation. Staff is recommending that these items be done at the same time as the life safety items at a total cost of $37,206 plus 10% for General Contractor O&P ($3,720) and 10% contingency ($4,092) for a total of $45,018. These include: • Install ADA restrooms ($6,706) • Title 24 ADA upgrades ($7,500) • ADA path of travel ($8,000) • Asbestos abatement (ceiling) ($14,100) • New condensate drain ($900). The condensate is currently draining into the storm drain which is a violation of the stormwater act. Comfort Comfort upgrades include those items which will make the playhouse more enjoyable for the occupants. These items involve the HVAC system. The HVAC system is old and in need of replacement, however it does still work, but not efficiently. The code does not require that the HVAC system be replaced when changing occupants. The HVAC is in poor condition and should be replaced when funds become available. The total cost of upgrading the HVAC system is estimated to be $28,300 plus 10% for General Contractor O&P ($2,830) and 10% contingency ($3,113) for a total of $34,243 and includes the following items: • New AC unit ($15,400) • HVAC rezone ($7,250) • Diffusers and grills ($2,500) • New ductwork ($3,150) Maintenance Performing maintenance on the playhouse will protect the investment of the City. These items include some small repair items as well as the termite repair and a new roof. These items should be put on the maintenance schedule of the City's facilities and should be done when appropriate. The total cost of these items is $100,253 plus 10% for General Contractor O&P ($2,830) and 10% contingency ($3,113) for a total of $34,243 and includes the following items: • New roof ($44,370). The roof is considered to be in poor condition. • Tc,rm:+p rr? r (c"' ' 1, c> • Restripe parking lot ($2,000) • Slurry seal parking lot ($10,000) • Replace asbestos floor tile ($9,000) • Install roof ladder ($1,650) • Demo wall heater ($75) • Install floor drain in restroom ($2,450) • Install vent at janitor's sink ($700) • Install a new water heater ($3,400) • Replace rear access stairs ($4,190) Seismic Upgrades The California Building Code does not require the City to upgrade the seismic elements of the building after a change of occupancy. The structure is a single story wood frame structure over a basement. This type of structure has performed well in previous earthquakes; however, to preserve the investment the City has made, these repairs should be added to the CIP list to be done at the earliest possible time. The total cost of the seismic upgrades is ($105,886) plus 10% for General Contractor O&P ($10,586) and 10% contingency ($11,647) fora total of $128,119. This includes: • Install shear walls ($45,806) • Install holdowns ($3,900) • New stucco ($56,160) 3 ITEM #25 0/17/06 NATIONAL • CITY *TRANSIT MONTHLY REPORT OCTOBER-06 Technology Our NCT facility conference room was utilized by NCPD as a command center on September 23rd & 30te in connection with immigration rallies held in National City and two NCT drivers & vehicles were available to shuttle law enforcement personnel on those dates as needed. These events demonstrated NCT's ability and willingness to participate on a multi agency level and another indication of the strategic role that NCT staff along with our facility technology could be utilized during an emergency, natural disaster or terrorist incident as part the Logistics section of the NC-EOC. We are working with SANDAG to upgrade our bus fareboxes to utilize smart card fare media and NCT is continuing to work on various projects including placement of Real Time video cameras along a NCT bus route, Automatic Vehicle locators (AVL) and Transit TV to be installed on our vehicles. We have also requested $100,000 MTS CIP funding in FY08 for security camera projects at 24th Street Trolley/Bus Station and $100,000 in FY09 at 8th Street Trolley/Bus Station. The CIP committee meets in November to consider projects going before the MTS Board for funding approval. MONTH Ridership: Passengers per mi. `Passengers per hr. Revenue miles: Reveptte Hours: Fare $ox recovery PERFORMANCE DIVIDENDS SEPT-05 AUG-06 SEPT-06 146,735* 153,824 148,128* 3.79 3.87 4.05 43.89 42.72 44.67 38,689 39,704 36,566 3,343 3,600 3,316 58.2% N/A** N/A** * 1 less service day due to Labor Day Holiday ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH Road Calls Preventable Accidents Ramp deployments Our on -time performance Customer Complaints Customer Compliments SEPT-05 AUG-06 SEPT-06 05 01 03 02 01 0 687 508 491 98.8% 93.4% 93.8% 05 01 03 0 0 0 Maintenance: NCT vehicles used 39,038 gallons of low sulfur diesel fuel in September. The average price per gallon was approximately $2.04 compared to $2.38 in August. 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT NCT maintenance personnel performed 17 Preventative Maintenance Inspections (PMI's) and completed 08 minor repairs consisting of lighting system, radiator cap, wiper blades, coolant sensors, and window inserts. We also completed 07 major repairs consisting of Front/rear doors, air brakes, AC, fuel leak, air compressors and front brake pads to our fleet vehicles in September. MTS-COA NCT is currently working very closely with MTS staff to coordinate NCT-COA route changes scheduled for January 2007. We are also taking a very pro active role in distributing information 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. More information is available on line at www.sdcommute.com 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. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, 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 procedures and policies committees and have accepted a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT participated in the recent NC Concert and Expo on September 9th held at Pepper Park and we carried more than 100 passengers on our free shuttle service to/from the event. In addition one of our ridership development trailers was used to distribute NCT/MTS system and community information near the event entrance. NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. 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: October 5th, 2006 54— AVF.11,..;4 !r 4'.`. vice "resi e;ua Ge.Aci 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 [0 Jan-06 0 Feb-06 ❑ Mar-06 ■Apr-06 .May-06 ■Jun-06 ■Jul-06 ❑ Aug-06 ■Sep-06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 26 /ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FOR THE PERIOD OF 09/21/06 THROUGH 10/03/06 OF $1,998,959 PREPARED BY Marilyn Adrianzen Senior Accountant n DEPARTMENT CDC— Finance 619-336-4391 EXPLANATION See attached report. Environmental Review ✓ N/A Financial Statement Approved by: Ant/ 044 Tess fbeco, Finance Director Total expenditures for the period of 09/21/06 THROUGH 10/03/06 amount to $1,998,959. STAFF RECOMMENDATION RATIFY EXPENSES Account No. N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 09/21/06 through 10/03/06 A-200 (9/80) CDC ALCANTARA,RAY CITY OF NATIONAL CITY DANKA DIAZ, PABLO & MARIA PROJECT DESIGN CONSULTANTS SAN DIEGO GAS & ELECTRIC UNITED STATES TREASURY DEPT OF INDUSTRIAL RELATIONS AT SYSTEMS WEST, INC. CHRISTENSEN SCHWERDTFEGER CITY OF NATIONAL CITY DPRA INC. FOLEY & LARDNER GARRIDO, ASHLEIGH GROBEN, CATHERINE HARRIS & ASSOCIATES INFRASTRUCTURE ENGINEERING LAW OFFICE OF DON DETISCFI PITNEY BOWES PROJECT DESIGN CONSULTANTS SAN DIEGO HOUSING FEDERATION SOLANO PRESS BOOKS THE GROVE AGENCY, INC. NUTRITION AT&T/MCI AIRGAS - WEST CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CORPORATE. EXPRESS INC CULLIGAN WATER KELLY CHULA VISTA MCGUIRE DISTRIBUTION PRO -EDGE KNIFE SAN DIEGO GAS & ELECTRIC SANCHEZ, MANUEL SIERRA SPRINGS TR PRODUCE, INC. 2004 TAX ALLOCATION BONDS DEUTSCHE. BANK 'TRUST & CO. HOUSING ASSIS' r E Pr 5 °r�Et ARROWHEAD MTN SPRING FR TCSS " CITY OF NATIONAL CITY WTR CO GMAC MORTGAGE NAN MCKAY AND ASSOCIATES, INC. PITNEY BOWES FOR MEETING OF OCTOBER 17, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 09/21/06 -10/03/06 Descri tion PAY-OFF OVERPAYMENT REFUND -REHAB LOAN;CDC-1995-15RR REIMBURSEMENT OF CONSULTING SERVICES COPIER LEASE FEES FOR 08/21-11/20/06 PAY-OFF OVERPAYMENT REFUND -REHAB LOAN;CDC-1993.22 PROFESSIONAL SERVICES FOR NC BLVD UTILITIES AT 500 E PLAZA BLVD. ARBITRAGE REBATE PAYMENT 1998 TAB - 3/31/98-8/1/06 TICE ASSESSMENT FOR 2006-WORKERS' COMP >125% EXP CDC FUEL & LIAB SURCHARGE FOR 08/06 LEGAL SERVICES FOR VARIOUS PROJECTS VARIOUS CITY SERVICES FY 05-06 ENVIRONMENTAL CONSULTING SERVICES LEGAL SERVICES FOR VARIOUS PROJECTS PAYROLL DIRECT DEPOSIT RETURNED UNPAID PROFESSIONAL SERVICES FOR HIGHLAND MEDIANS ENGINEERING SERVICES FOR VARIOUS PROJECTS ENVIRONMENTAL SERVICES FOR DOWNTOWN LEGAL SERVICES FOR VARIOUS PROJECTS POSTAGE METER RENTAL FEE FOR 10/06 PROF FEES FOR NC BLVD (DESIGN) l5TH ANNUAL AFFORDABLE HOUSING TRAINING-VELASCO REDEV CEQA DESK BOOK UPDATE REDEV ENVELOPES SUBTOTAL - CDC: NCNP FAX BILL THRU 07/30/06 NCNP CONSUMABLES NCNP FOOD NCNP FOOD NCNP OFFICE SUPPLIES NCNP WATER SOFTENER NCNP OFFICE SUPPLIES NCNP FOOD NCNP SHARPENING SERVICE NCNP UTILITIES THRU 09/15/06 MILEAGE REIMBURSEMENT FOR 08/06 NCNP WATER FOR FEELING FIT CLUB NCNP FOOD SUBTOTAL - NUTRITION: 2004 TAB ADMINISTRATIVE FEE 08/06 - 07/07 SUBTOTAL - 2004 TAX ALLOCATION BONDS: TOTAL - GENERAL FUND: MANUAL PAYMENTS WATER SERVICE FOR S8 FOR 08/2006 VARIOUS CITY SERVICES FY 05-06 S8 OFFICE RENTAL FOR 10/06 S8 HOUSING VOUCHER MB POSTAGE METER RENTAL FEE FOR 10/06 TOTAL OF ALL FUNDS: ROT TOTAL - SECTION 8: Chk No Amount 16454 16456 16457 16458 16459 16460 16461 16462 16464 16467 16468 16472 16473 16474 16475 16476 16477 16479 16481 16483 16485 16488 16489 16455 16463 16465 16466 16469 16470 16478 16480 16482 16484 16486 16487 16490 16471 10269 10270 10271 10272 10273 $345.41 9,638.56 346.59 129.02 99,005.17 486.23 65,050.36 1,000.00 20.15 4,527.00 1,063,058.51 1,354.48 2,447.50 132.51 380.00 6,120.50 11,342.19 5,495.69 175.00 6,945.12 120.00 70.35 607.28 $1,278 ,797.62 $8.39 20.52 715.05 4,019.59 41.04 16.40 142.51 1,566.55 40.00 2,490.24 46.73 43.00 1,269.33 $10,419.35 $1,200.00 $1,200.00 1 29U 416.97 $623,917.05 34.47 80,674.19 3,527.50 214.00 175,00 $708542 2121 $1,998,959.18 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 27 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH CONSTELLATION PROPERTY GROUP ("A" AVENUE) LP, AND APPROVING AN OPTION AGREEMENT WITH CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) PERTAINING TO THE CENTRO AND R-2 PROJECTS PREPARED BY Raymond Pe xt. 4421) DEPARTMENT Community Development Commission EXPLANATION Constellation Property Group LP has formed two separate entities to develop the `Centro' condominium project and the `Revolution 2' condominium project. Constellation Property Group ("A" Avenue) LP is the entity developing the "Centro" condominium project (4-stories, 61 residential units), and Constellation Property Group (Nat City 12t) LP is the entity developing the "Revol.ution 2" condominium project (22-stories, 347 residential units, two commercial units). On October 25, 2005, the Community Development Commission approved Amendment No. 1 to the DDA, which assigned the obligation to construct a trolley transit center and convey office space to the CDC from the "A" Avenue entity to the Nat City 12th entity. Amendment No. 2 would re -assign the obligation back to the "A" Avenue entity from the Nat City 12th entity. The developer has requested this second amendment to the DDA in order to secure financing for the "Revolution 2" project. The amendment would also replace the obligation of the developer to convey office space, and instead require a residential condominium unit to be conveyed to the CDC. The "Centro" project consists of residential condominiums only. The amendment would also eliminate liquidated damages and financing provisions contained in Amendment No. 1 upon release of a blanket mortgage held by the developer on the site. An Option Agreement would allow the CDC to exercise an option to exchange the residential condominium unit for office space in the "Revolution 2" project after its completion. Environmental Review Ni N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Amendment No. 2 to Disposition and Development Agreement Option Agreement Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH CONSTELLATION PROPERTY GROUP ("A" AVENUE) LP, AND AUTHORIZING THE CHAIRMAN TO EXECUTE AN OPTION AGREEMENT WITH CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP, PERTAINING TO THE CENTRO AND R-2 PROJECTS WHEREAS, Constellation Property Group ("A" Avenue) LP, ("'A' Avenue") entered into a Disposition and Development Agreement ("DDA") dated August 30, 2005, pursuant to which "A" Avenue agreed to develop a real estate project in National City known as "Centro". Pursuant to the DDA, "A" Avenue further agreed to build Office Space and four parking spaces for the CDC in the Centro project, and a Trolley Transit Center; and WHEREAS, Constellation Property Group (Nat City 12th) ("Nat City 12th") is an affiliate of "A" Avenue and the developer of the Revolution 2 project located adjacent to Centro; and WHEREAS, on October 21, 2005, "A" Avenue and Nat City 12th entered into an Assignment and Assumption Agreement pursuant to which "A" Avenue assigned all of its rights under the DDA to Nat City 12th, and Nat City 12th agreed to assume the obligations under the DDA; and WHEREAS, in connection with the October 21, 2005 assignment, the CDC and Nat City 12th entered into Amendment No. 1 to the DDA on October 25, 2005, pursuant to which Nat City 12th agreed to construct the Office Space and Trolley Transit Center; and WHEREAS, "A" Avenue and Nat City 12th are entering into an Assignment and Assumption Agreement pursuant to which Nat City 12th will assign back to "A" Avenue the rights and obligations under the DDA; and WHEREAS, it has been proposed by "A" Avenue that the CDC agree to enter into Amendment No. 2 to the DDA, pursuant to which "A" Avenue's obligation to provide the Office Space to the CDC would be replaced with an obligation to provide a residential Condominium Unit in the Centro project, which Condominium Unit shall have a fair market value of at least $500,000; and WHEREAS, Amendment No. 2 would further provide that in consideration for the removal of the blanket mortgage from the Centro and Revolution 2 projects, the CDC would remove the Second Mortgage from both projects, and that the liquidated damages provision contained in Amendment No. 1 to the DDA would be eliminated; and WHEREAS, it has been proposed by "A" Avenue that concurrently with entering into Amendment No. 2 to the DDA, the CDC enter into an Option Agreement with Nat City 12th, pursuant to which Nat City 12th would construct the Office Space in the Revolution 2 project, and pursuant to which the CDC would be granted an option to exchange the Condominium Unit in the Centro project for the Office Space in the Revolution 2 project. Resolution No. 2006 — October 17, 2006 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute Amendment No. 2 to the Disposition and Development Agreement with Constellation Property Group ("A" Avenue) LP. Said Amendment Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Option Agreement with Constellation Property Group (Nat City 12th) LP. Said Option Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT This Amendment No. 2 to Disposition and Development Agreement (this "Amendment") is made and entered into as of October 17, 2006 (the "Effective Date"), by and between the Community Development Commission of the City of National City, a public body, corporate and politic (the "CDC") and Constellation Property Group (A Avenue) LP, a Delaware limited partnership, as successor in interest to Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership (the "Developer"). Recitals A. The CDC and Developer entered into that certain Disposition and Development Agreement dated August 30, 2005 (the "Original DDA"). B. On October 21, 2005, Developer and Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership (the "Original Assignee"), entered into that certain Assignment and Assumption Agreement (the "Original Assignment"), pursuant to which Developer assigned all of its right, title and interest in and to the Original DDA to Original Assignee. C. In connection with the Original Assignment, Original Assignee and CDC entered into that certain Amendment No. 1 to Disposition and Development Agreement dated as of October 25, 2005 ("Amendment No. 1" and, together with the Original DDA, the "DDA"), pursuant to which the Original Assignee agreed to construct the Office Space and Trolley Transit Center in accordance with the terms and conditions of Amendment No. 1. D. Concurrently herewith, Original Assignee and Developer are entering into that certain Assignment and Assumption Agreement (the "Re -Assignment"), pursuant to which Original Assignee is assigning all of its right, title and interest in and to the DDA back to Developer, and Developer is assuming all of the Original Assignee's duties, obligations and liabilities under the DDA (the "Obligations"). E. The CDC and Developer now wish to further amend the DDA to replace the obligation of Developer to provide the Office Space with the obligation to provide a residential condominium in the Project developed on the Site and to eliminate the liquidated damages and financing provisions contained in Amendment No. 1 on the terms and conditions set forth below. All capitalized terms used in this Amendment but not defined herein shall have the meanings ascribed to them in the DDA. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CDC and Developer agree as follows: SDCA_292939.2 Agreement 1. Project. All references to the "Project" or the "Centro Project" in the DDA are revised to mean an approximately 91,199 sq. ft., four (4) story residential condominium project consisting of approximately 61 Residential Units and approximately 108 parking spaces; with a structure height not to exceed 50 feet. 2. Condominium Unit. Section 2 of Amendment No. 1 is hereby amended and restated in its entirety as follows: "Condominium Unit. In place of the Office Space, Developer shall cause a residential condominium unit and two parking spaces (the "Condo Unit") to be constructed as part of the Centro Project on the Site, which shall be deeded to the CDC upon completion of same. The Condo Unit shall be of such size and location in the Centro Project to have a fair market value at the date of completion of at least Five Hundred Thousand Dollars ($500,000). At the time of conveyance, the Condo Unit shall be free from monetary liens and encumbrances, but may be subject to reciprocal easements, CC&Rs and other non -monetary liens and encumbrances consistent with, a residential condominium project." 3. Release of Obligations of Original Assignee. As the Obligations have been assumed by the Developer via the Re -Assignment, the CDC hereby releases the Original Assignee from any and all obligations to construct the Office Space, Trolley Transit Center and four parking spaces. All references to "Office Space" in the DDA are hereby deleted in their entirety. Developer shall be responsible for all of the Obligations as amended by this Amendment, including, but not limited to, all obligations in connection with the Trolley Transit Center. 4. Second Mortgage. Conditioned upon the release of the Blanket Mortgage from the Site, the CDC hereby agrees to remove the Second Mortgage in accordance with Section 8 of Amendment No. 1. 5. Financing. Conditioned upon the release of the Blanket Mortgage from the Site, Section 6 of Amendment No. 1 is hereby deleted in its entirety and replaced with "Intentionally Deleted." 6. Liquidated Damages. Conditioned upon the release of the Blanket Mortgage from the Site, Section 7 of Amendment No. 1 is hereby deleted in its entirety and replaced with "Intentionally Deleted." 7. Consent. The CDC hereby consents to Original Assignee transferring all of its right, title and interest in the Site and the Project back to Developer. 8. Grant Deed. Developer agrees to cause that certain Grant Deed, substantially in the form of Exhibit A attached hereto, to be recorded with the County Recorder of the County of San Diego, California, no later than February 28, 2007. 9. Miscellaneous. Except to the extent expressly modified by this Amendment, the DDA remains in full force and effect. To the extent of anv inconsistency f ,'twee,-, ti 2 SDCA_292939.2 Amendment may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the CDC and Developer have executed this Amendment as of the Effective Date first set forth above. Attested: CDC Secretary CDC: Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its: DEVELOPER: Constellation Property Group (A Avenue) LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation Its: Gen-ral Partner By: ug,-�!� Marchese Pr:. s ent 3 SDCA_292939.2 EXHIBIT A RECORDING REQUESTED BY, MAIL TAX STATEMENTS TO, AND WHEN RECORDED MAIL TO: Constellation Property Group (A Avenue) LP 1133 Columbia Street, Suite 101 San Diego, CA 92101 Attn. Mr. Wayne Hann GRANT DEED In accordance with Section 11932 of the California Revenue and Taxation Code, Grantor has declared the amount of the transfer tax that is due by a separate statement that is not being recorded with this Grant Deed. For valuable consideration, receipt of which is hereby acknowledged, CONSTELLATION PROPERTY GROUP (NATCITY 12TH) LP, a Delaware limited partnership ("Grantor"), hereby grants to CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited partnership ("Grantee"), the real property hereinafter referred to as the "Site," described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described there. This Grant Deed is subject to: (a) non -delinquent real and personal property taxes assessments and bonds for the current fiscal year; (b) the lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 of the California Revenue and Taxation Code; and (c) all covenants, conditions, restrictions, easements, liens, encumbrances, claims, rights and other matters recorded as a matter of public record, including that certain Grant Deed entered into by and between Grantor, as grantee, and the Community Development Commission of the City of National City, a public body, corporate and politic, as grantor, and recorded on October 26, 2005, as Document No. 2005-0930606, in the County Recorder's Office of the County of San Diego, California. The Grantee herein covenants by and for itself and its successors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. [Signature Page Follows] A-1 SDCA_292939.2 IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant Deed this day of , 2006. GRANTOR: CONSTELLATION PROPERTY GROUP (NATCITY 12TH) LP, a Delaware limited liability partnership By: Constella 'on Property Managem t, Inc., a DelawCorporatiost�➢�I j� al Partne By: Euge j archese, President GRANTEE: CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited liability partnership By: Constellation Property Management, Inc., aDelaws Corporation, Partne By: Eugen ] archese, President A-2 SDCA_292939.2 Exhibit A to Grant Deed LEGAL DESCRIPTION OF SITE PARCEL 2 OF PARCEL MAP NO. 10377, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 27, 1980 AS FILE NO. 80-275023 OF THE OFFICIAL RECORDS. APN: 556-554-16 SDCA 292939.2 A-3 OPTION AGREEMENT This Option Agreement (the "Agreement") is executed between Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership ("Optionor"), and the Community Development Commission of the City of National City, a public body, corporate and politic ("Optionee"), to be effective on February 28, 2007 (the "Effective Date"). Background A. Optionor is the developer of a real estate project in the City of National City, California, commonly known as "Revolution 2" ("R2") to be located on the real property described on Exhibit "A" attached hereto and incorporated herein. B. Constellation Property Group (A Avenue), LP ("A Avenue") an affiliate of Optionor is the developer of a real estate project in the City of National City commonly known as "Centro," adjacent to the R2 project. C. A Avenue and Optionee entered into that certain Disposition and Development Agreement dated August 30, 2005 (the "DDA") that provided for, among other things, that A Avenue build office space for Optionee containing not less than approximately 2,700 sq. ft. and four parking spaces in the Centro project (the "Original Centro Office Space"). On October 21, 2005, A Avenue assigned its rights under the DDA to Optionor. D. On October 25,2005, Optionor entered into an amendment to the DDA with Optionee (the "First Amendment"), thereby transferring the obligations set forth in the DDA to Optionor, including the obligation to build the Original Centro Office Space in R2 (the "R2 Office Space") as opposed to the Centro project. E. Optionor has assigned all of its right, title and interest in and to the DDA back to A Avenue pursuant to that certain Assignment and Assumption Agreement dated of even date herewith (the "Assignment") and A Avenue and Optionee have agreed to a new amendment to the DDA (the "Second Amendment"). As a result of the Second Amendment, Optionee now has a right under the DDA to receive a residential unit in Centro valued at not less. than $500,000 (the "Centro Unit") in place of the R2 Office Space. F. But for Optionor's agreement to enter into this Agreement, Optionee would not have agreed to the Second Amendment. Optionee desires the option to trade/exchange the Centro Unit for the R2 Office Space. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Optionor and Optionee agree as follows: SECTION 1 GRANT OF OPTION Subject to the terms and conditions hereof, Optionor hereby agrees to construct the R2 Office Space and hereby grants to Optionee the option (the "Option") to exchange with SDCA_292948.2 Optionor the R2 Office Space for the Centro Unit upon the completion of construction of both the Centro Unit and the R2 Office Space. SECTION 2 OPTION CONSIDERATION Upon the execution and delivery of this Option Agreement, Optionee shall pay to Optionor, in immediately available funds, the sum of ten dollars ($10) as consideration for granting the Option. The Option consideration set forth in this section, as well as any other consideration deemed to have been received by Optionor under this Option Agreement, is and shall be deemed consideration solely for the granting of the Option by Optionor. On expiration of the Option Term (as defined below), Optionor shall retain all Option consideration. SECTION 3 OPTION TERM 3.1 The term of the Option shall begin on the date hereof and shall terminate on that date that is the later of (i) two (2) years from the date hereof, or (ii) sixty (60) days after written notice from Optionor to Optionee of the completion of construction of both the Centro Unit and the R2 Office Space and the receipt of certificates of occupancy for both (the "COOs"), but in no event later than (iii) ten (10) years from the date hereof (the "Option Term"). Optionor shall give Optionee prompt written notice of the issuance of the COOs. SECTION 4 OPTION PROPERTY EXCHANGE VALUE In the event that Optionee exercises the Option herein granted, at the Exercise (defined below), Optionee shall have the right to exchange with Optionor the Centro Unit for the R2 Office Space (the "Exchange Value") SECTION 5 REPRESENTATIONS 5.1 Representations of 0ptionor. Optionor makes the following representations to Optionee, which shall be true and correct as of the Effective Date of this Agreement and which shall be true and correct as of Exercise: 5.1.1. Optionor has full power and authority to enter into this Agreement and perform its obligations hereunder and shall, as of the Exercise, have full right, power and authority to convey to Optionee good and indefeasible title to the R2 Office Space, free and clear of any liens, encumbrances or adverse claims. 5.1.2. To the best of Optionor's knowledge, Optionor has not received any notice, and Optionor has no actual knowledge, of any pending or threatened litigation or pending or threatened condemnation proceeding that could affect the R2 Office Space. Exercise be no mechanic's liens or unrecorded liens against the R2 Office Space. 2 SDCA_292948.2 5.2 Representations of Optionee. Optionee makes the following representations to Optionor, which are true and correct as of the date Optionee executes this Agreement and which shall be true and correct at Exercise: 5.2.1. Optionee has full power and authority to enter into this Agreement, to consummate the exchange of the Centro Unit for the R2 Office Space and to perform all obligations of Optionee hereunder. 5.2.2. Optionee acknowledges and agrees that the provisions of this Section 5 have been negotiated by the parties, have been reviewed by Optionee and its counsel and that Optionee fully understands and accepts all of the terms and provisions of this Agreement. 5.3 Survival. The representations and warranties of the parties in this Section 5 shall survive Exercise or any termination of this Agreement. SECTION 6 EXERCISE 6.1 Exercise. If Optionee is not in default under this Agreement and all conditions to the exercise of the Option for the benefit of Optionor are satisfied or are waived in writing by Optionor, Optionee may exercise the Option in accordance with this section. The Option shall be exercised by delivering written notice from Optionee to Optionor before the expiration of the Option Term and in accordance with the notice provisions in Section 9.1 of this Agreement ("Exercise Notice"). The Exercise Notice shall affirmatively state that the Optionee exercises the Option pursuant to this Agreement (the "Exercise"). Within ten (10) business days after the Exercise, the parties shall execute and deliver such reasonable standard form purchase agreement used for the sale of units in R2 (the "Purchase Agreement") and deposit any funds and documents in escrow (the "Escrow") that the Purchase Agreement requires to be deposited. 6.2 Termination: At any time during the Option Term, Optionee may terminate this Agreement for any reason, by providing Optionor with thirty (30) days written notice. Upon such termination of this Agreement, neither party shall have any further obligations under this Agreement. SECTION 7 OBLIGATIONS 7.1 Optionor's Obligations: 7.1.1. Optionor shall work in a diligent and expedient manner to construct the R2 Office Space and finalize and record the final R2 Condominium Map within two (2) years of the Effective Date. 7.1.2. Within ten (10) business days after the Exercise, Optionor shall enter into the Purchase Agreement with Optionee for the R2 Office Space for the Exchange Value. 3 SDCA_292948.2 7.1.3. Within ten (10) business days after the Exercise, Optionor shall deliver to Escrow a standard California grant deed duly executed and acknowledged by Optionor, in recordable form, conveying to Optionee good and indefeasible fee simple title to the R2 Office Space. 7.2 Optionee's Obligations: 7.2.1. Within ten (10) business days after the Exercise, Optionee shall deliver or cause to be delivered to Escrow a standard California grant deed duly executed and acknowledged by Optionee, in recordable form, conveying to Optionor good and indefeasible fee simple title to the Centro Unit. SECTION 8 EXCLUSIVE REMEDIES 8.1 Remedies of Optionee. If any of Optionor's representations are inaccurate as of the Exercise or if Optionor fails to perform any of its obligations hereunder and such inaccuracy or failure is not cured within ten (10) days after Optionee notifies Optionor in writing of such inaccuracy or failure, then Optionee shall be entitled to recover any and all actual damages suffered by Optionee as a result of such default, and in addition, Optionee shall be entitled either: (a) to terminate this Agreement, (b) if the R2 Condominium Map has been recorded, to receive specific performance of this Agreement, or (3) require Optionor to purchase the Centro Unit for five hundred thousand dollars ($500,000) cash. 8.2 Remedies of Optionor: If any of Optionee's representations are inaccurate as of the Exercise, or if Optionee fails to perform any of its obligations hereunder and such failure is not cured within ten (10) days after Optionor notifies Optionee in writing of such inaccuracy or failure, then Optionor shall be entitled to terminate this Agreement. 8.3 Further Limitations. The remedies set out above in this Section 8 shall be the sole and exclusive remedies of the parties with respect to any breach or default occurring under this Agreement. Upon any termination of this Agreement, neither party shall have any further obligation, right or remedy under this Agreement except as set forth above. Without expanding any of the limitations of remedies set out above in this Section 8, each of the parties further hereby specifically waives any and all rights to consequential, special, incidental or punitive damages. SECTION 9 MISCELLANEOUS 9.1 Notices. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be deemed delivered on the earlier of (i) three business days after being deposited in the United States Mail, postage prepaid, registered or certified mail, return receipt requested, (ii) upon machine -generated confirmation of transmission by facsimile, if followed by a hard copy sent by certified mail return receipt requested the same day, or (iii) when actually delivered (as evidenced by a return receipt). Notice given in any other manner shall be deemed delivered when actually received. The addresses and facsimile numbers of the partiec. 4 SDCA_292948.2 OPTIONOR: OPTIONEE: with a copy to: Constellation Property Management, Inc. 1133 Columbia St. Suite 101 San Diego, CA 92101 Attn: Andrew Zlotnik Fax: 619 234-3544 Community Development Commission of the City of National City 140 East 12th St. Suite B National City, CA 91950 Attn: Raymond Pe Fax: 619 336-4286 Foley & Lardner LLP 402 West Broadway, Suite 2300 San Diego, CA 92101 Attn: RichardL. Moskitis Fax: 619 234-3510 Any of the notice persons above may change its address or facsimile number by giving the other party five days' advance written notice of such change. 9.2 Time Periods. Unless otherwise specified, any time period or deadline provided in this Agreement shall be measured in calendar days. If any such time period or deadline expires on a Saturday, Sunday, or legal holiday recognized by the State of California, such time period or deadline shall be extended to the first business day thereafter. 9.3 Attorneys Fees. If Optionor or Optionee employs an attorney to enforce any rights or remedies hereunder, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and court costs. The obligations of the parties set forth in this section shall survive Closing or any termination of this Agreement. 9.4 Venue; Governing Law. Venue for any action relating to this Agreement shall be in San Diego County, California. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9.5 Entire Agreement; Modification or Waiver. This Agreement constitutes the entire agreement between Optionor and Optionee regarding the Option and supersedes all prior agreements relating thereto. This Agreement may not be amended, modified or supplemented or otherwise varied orally, by any course of conduct or otherwise except by a written instrument signed by the party against whom enforcement is sought. No waiver by either party of any of its rights or remedies hereunder shall be effective unless in a formal writing, and no waiver shall be construed as a waiver of any other or subsequent right or remedy. 9.6 Interpretation. Where needed for proper interpretation, words in the singular shall include the plural, and words of any gender shall include all genders. The 5 S DCA_292948.2 headings in this Agreement are for convenience only and shall not affect or be considered in construing or interpreting the text hereof. 9.7 Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable, the unenforceable provision shall automatically be deemed replaced with another provision as similar in effect to the unenforceable provision as possible while still being enforceable, and the remainder of this Agreement shall not be affected except to the extent necessary in order to harmonize it with such replacement provision. 9.8 Like -Kind Exchange. Upon request of Optionor, Optionee agrees to cooperate with Optionor in effecting an I.R.C. § 1031 exchange, including executing and delivering any and all such writings as may be required by the exchange trustee or intermediary, provided, however, that such cooperation shall be at no cost or liability to Optionee, and Optionee shall not be obligated to take title to any property other than the R2 Office Space. 9.9 Memorandum of Agreement. Optionor and Optionee shall execute, have notarized and record the Memorandum of Option attached hereto as Exhibit "B" within five (5) business days of the Effective Date. IN WITNESS WHEREOF, Optionor and Optionee have executed this Agreement as of the Effective Date. Attested: OPTIONEE: CDC Secretary Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its: OPTIONOR: Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership By: Constell. 'on Property Delaw dcorporationA By: Name: gene Marchese Its: Pr dent 6 a; . ment, Inc., a artner SDCA_292948.2 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 10377, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 27, 1980 AS FILE NO. 80-275023 OF THE OFFICIAL RECORDS. APN: 556-554-17 A-1 SDCA_292948.2 EXHIBIT B MEMORANDUM OF OPTION Recording Requested By: When Recorded Return To: FOLEY & LARDNER LLP Attn: Richard L. Moskitis, Esq. 402 West Broadway, Suite 2300 San Diego, California 92101 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE APN: 556-554-17 MEMORANDUM OF OPTION This Memorandum of Option ("Memorandum") is made and entered into as of , 2006, by and between the Community Development Commission of the City of National City, a public body, corporate and politic ("Optionee") and Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership ("Optionor"), in connection with that certain real property located in the City of National City, County of San Diego, State of California described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). Pursuant to that certain unrecorded Option Agreement by and between Optionor and Optionee effective November 30, 2006 (the "Option Agreement"), Optionor has granted to Optionee the option to acquire a portion of the Property referred to by the parties as the R2 Office Space (the "Option"). Optionee's exercise of the Option is subject to the terms and conditions of the Option Agreement which are incorporated herein by reference. This memorandum is solely for recording purposes and shall not be construed to supplement or modify the terms and conditions contained in the Option Agreement. Remainder of Page Intentionally Left Blank B-1 SDCA_292948.2 IN WITNESS WHEREOF, Optionee and Optionor have executed this Memorandum of Option as of the date first above written. Attested: OPTIONEE: CDC Secretary S DCA_292948.2 Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its: OPTIONOR: Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership By: Constella .n Property Ma age ent, Inc., a Delaw. -�'o2.oration,as�: f�i�.: 'artner By: Name: Eu Its: Presi e Marchese [Signature Page of Memorandum of Option] B-2 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 10377, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE 011.10E OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 27, 1980 AS FILE NO. 80-275023 OF THE OFFICIAL RECORDS. APN: 556-554-17 B -3 SDCA_292948.2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 17.2006 AGENDA ITEM NO. 28 ( TEM TITLE Resolution of the National City Community Development Commission approving contract with Rore Environmental Services, Inc. in the amount of $464,890 to provide mitigation services for the former Ace Metals Property located at 720 West 23rd Street, and authorizing the Chairman to sign the contract. PREPARED BY Stephen Kirkpatrick EXPLANATION See Attached. Environmental Review: N/A DEPARTMENT Engineering Ext. 4383 AwArw4,17x: 4,- A Financial Statement: Funding to accomplish this work is available within the CDC budget. Account No. P Tabgo? STAFF RECOMMENDATION: Adopt the Resoluti ( BOARD / COMMISSION RECOMMENDATI • N N/A ATTACHMENTS 1. Resolution 2. Contract Resolution No. A-200 (9/80) Explanation The Community Development Commission of National City acquired the property at 720 West 23ra Street in 2002. The property was acquired to allow for development in accordance with the Harbor District Specific Plan. Prior to the acquisition by CDC, the property was the site of a company called Ace Metals. The use of property by Ace Metals resulted in environmental contamination, primarily with heavy metals, but also to a lesser extent with volatile hydrocarbons. Before the site can be developed the site must be cleaned to the satisfaction of the County of San Diego Department of Environmental Health. They have opened Case No. H23772-004 for this purpose. CDC withheld funding to clean the site from the purchase price paid for the property. The purchase agreement states that the site must be cleaned and the funding expended by December 31, 2006, or the withheld funds must be released to the seller of the property. The contract with Rore before the Board for approval accomplishes this task. Rore Environmental, Inc was selected through a Professional Services Request for Qualification process. The contract involves modifying a site mitigation plan prepared by others, working with the County to insure the modified plan meets the goal of cleaning the site, implementing the plan, then post monitoring and report preparation to show that the plan worked and the site is ready for further development. The plan will be prepared based upon Human Health Risk Assessment principles assuming the site will be developed to the "maximum" allowed under the Harbor District Specific Plan — a hotel site. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. IN THE AMOUNT OF $464,890 TO PROVIDE MITIGATION SERVICES FOR THE FORMER ACE METALS PROPERTY LOCATED AT 720 WEST 23RD STREET WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contractor to prepare and implement a site assessment and mitigation plan for the CDC -owned property located at 720 West 23rd Street, the former Ace Metals site; and WHEREAS, the CDC has determined that Rore Environmental Science and Engineering, Inc., ("Rore, Inc.") is qualified by experience and ability to perform the services desired by the CDC, and Rore, Inc. is willing to perform such services for $464,890. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board hereby authorizes the Chairman to execute an agreement with Rore Environmental Science and Engineering, Inc. in the amount of $464,890 to prepare and implement a site assessment and mitigation plan for the CDC -owned property located at 720 West 23rd Street, the former Ace Metals site. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RORE ENVIRONMENTAL SCIENCE AND ENGINEERING THIS AGREEMENT is entered into this 17th day of October, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RORE ENVIRONMENTAL . SCIENCE AND ENGINEERING, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to prepare and implement a site assessment and mitigation plan for the CDC owned property located at 720 West 23`d Street, formerly known as the ACE Metals. WHEREAS, the CDC has determined that the CONTRACTOR is an Enviromental Science and Engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the Revised August 2005 CONTRACTOR under this Agreement. Upon doing so, the CDC 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 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Kirkpatrick hereby is designated as the Project Coordinator for the CDC 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. Gita Murty thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. This contract is for $464,890. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the CDC Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The length of this contract is one year. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "B". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. 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 CDC for use with respect to this Project, and shall be turned over to the CDC 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 CDC, 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall.. upon request of the CDC, execute 2 Revised August 2005 The CONTRACTOR agrees that the CDC 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 CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC 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 CDC, or for any liability to the CDC should the documents be used by the CDC 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 employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC'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 CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. 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 CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC 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. 3 Revised August 2005 The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants .that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC'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 4 Revised August 2005 places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC 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 CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. 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 CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC 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 CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised August 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. 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 CDC 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 6 Revised August 2005 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised August 2005 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONTRACTOR: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Blvd National City, CA 91950 Gita Murty Project Director Rore Environmental Science and Engineering 1640 Collingswood Drive San Diego, CA, 92109-2239 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City (sr1-. Tln r, i`^. 4.ITC?rtnT,1 t-.,.I� 8 Revised August 2005 shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an 9 Revised August 2005 employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY Rore Environmental Science and Engineering (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Nick lnzunza, Chairman ame) APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel 10 GC o (Title) By:�-- (Name) Sic. (Title) Revised August 2005 Extgi4i-r A ENVIRONMENTAL SCIENCE & ENCINEERING 1640 Collingwood Drive. San Diego, CA 92109-2239 858-483-8625, ext. 12 Fax 858-483-4583 www.roreine.com September 26, 2006 Steve Kirkpatrick City of National City 1243 National City Blvd. National City, CA 91950 RE: Proposal to Provide Mitigation Services for the former Ace Metals Property Located at 720 West 23RD Street, City of National City, CA, DEH Case No. H23772- 004 Dear Mr. Kirkpatrick: Thank you for giving RORE, Inca (RORE) the opportunity to submit a scope of services and cost proposal ("Proposal") to provide mitigation services at the former Ace Metals Property ("Property") located at 720 West 23rd Street, National City, California. INTRODUCTION A Revised Property Mitigation Plan, Ace Metals Property, 720 West 23rd Street, National City, California (RPMP), by SCS Engineers (SCS), dated August 25, 2006, was submitted to the County of San Diego Department of Environmental Health (DEH). SCS indicated that DEH approved the RPMP on September 6, 2006. RORE reviewed and evaluated the RPMP for purposes of developing a cost proposal to remediate the Property. Based upon the evaluation, several key issues that were or were not included in the RPMP may cause potential problems in cleaning up the Property. Key issues are identified and commented on below: 1. The RPMP does not include completion of a Human Health Risk Assessment (HHRA) after completion of Property remediation to demonstrate that the Property no longer poses a risk to human health. Continents: It is not clear if a HHRA was discussed with DEH and/or if a waiver was obtained. It is our experience that DEH will require a HHRA when there is a change in land use. It is also our understanding that the current property use will be developed into retail and commercial facilities, without any underground parking structures. 2. The RPMP indicates that the Property mitigation goal for lead is 100 parts per million [ppm] (100 mg/kg). Cos[ Proposal for the former Ace Metals Property Page 1 of 10 // Cost Proposal for the former Ace Metals Property RORE. Inc. Comments: The mitigation goal appears to be low for the proposed future commercial/industrial use of the Property. Cal -EPA PRG for lead is conservatively set at 150 mg/kg, which is protective of human health for residential property use. The conservative Property mitigation goal of 100 ppm will unnecessarily increase the cost of cleanup. The remediation goal should be to remove all concentrations of contaminants of concern (CoCs) in soils at the Property that pose an unacceptable human health risk, as identified by a HHRA for the future property use. 3. The RPMP acknowledges that site soils are not adequately characterized in some areas of the Property, but does not propose to characterize those areas prior to remediation. Comments: Based upon our review of the existing site data, no soil data are available for the center area of the Property around NM-B22. Consequently, additional assessment of this center area of the Property is required to determine if remediation is even necessary. This assessment can potentially save the Client thousands of dollars in clean up costs. 4. The RPMP proposes to remove the top one foot of soil across the entire site, indicating that it is probably hazardous. Comments: Based upon our review of the available Property data, a significant portion of the top one foot layer of soil (approximately half the property) does not appear to pose a health risk. Therefore, those areas of the top soil that do not pose a human health risk should be left in place at the Property. As a result, there will be significant cost -savings to the Client. 5. The RPMP provides several potential disposal sites dependent on the results of stockpile sampling, including Otay Landfill, Chula Vista; TPS Technologies, Adelanto, CA; Copper Mountain, Welton, AZ. Comments: None of these facilities can accept RCRA Hazardous Waste. Based on the total lead concentrations observed at the Property it is assumed that soils that exhibit high concentrations of lead on -site will probably be RCRA Hazardous Waste and will have to be treated and disposed of accordingly. OBJECTIVES The primary justification for proposing changes to the existing mitigation plan that was provided to the City of National City by the previous consultant is to minimize unnecessary remediation and associated time and cost. Based upon our understanding of the project site and the December 31, 2006 deadline to complete site clean up, RORE's objectives are to: 1. Develop a stormwater pollution prevention plan (SWPPP) for the proposed construction activities at the Property. Conduct pre- and post -construction runoff calculations and develop a stormwater management plan (SWMP) document addressing City of National City standard urban stormwater mitigation plan (SUSMP) requirements. 3. Provide as -needed environmental (stormwater) consulting services to facilitate the timely Page 2of10 Cost Proposal for the former Ace Metals Property RORE, Inc. 4. Implement the approved Community Health and Safety Plan. 5. Prepare site -specific Health and Safety Plan for field crew. 6. Prepare a Human Health Risk Assessment 7. Characterize concrete prior to demolition. 8. Demolish and dispose of approximately 15,000 square feet of concrete and asphalt pavement. 9. Excavate and stockpile on -site approximately 1,850 tons of metals and petroleum hydrocarbon -bearing soil. 10. Segregate soil as necessary. 11. Conduct confirmation sampling. 12. Characterize and profile stockpile(s). 13. Perform stockpile management and maintenance. 14. Load, transport, and dispose of an estimated 1,850 tons of regulated and/or hazardous soil. 15. Backfill, compact, and resurface with asphalt concrete. PROPOSED SCOPE OF SERVICES To meet the objectives listed above, RORE will perform the following tasks for the project site: Task 1: Fieldwork Preparation Preparation for fieldwork includes development of a site -specific Health and Safety Plan, utilities search and markout, permitting, subcontractor contracting, project kick-off meetings and various project management and scheduling items. RORE will complete all necessary permit applications such as grading, hydrant, water meter, and submittals for the project. Actual permit costs, if any, will be passed on as cost reimbursable to the client and are not included in this cost proposal. During this task, there will be a great deal of project coordination, subcontract and vendor coordination, project detailed schedule development and project scoping taking place. The Project Director will work closely with the Client and the DEH Regulator to ensure that the project goals are clear, and that the budget and schedule will be met. Task 2: Concrete Characterization Prior to demolition, 10 concrete samples will be collected and analyzed for asbestos to assess whether asbestos is present in the concrete. For the purposes of this proposal, it has been assumed that the results of the concrete sampling will demonstrate that the concrete is not an asbestos -containing material and that the concrete will be disposed of as construction debris. Page 3 of 10 /� Cost Proposal for the former Ace Metals Property RORE. Inc. Task 3: Preparation of Stormwater Pollution Prevention Plan Develop and implement plans according to regulatory requirements and the RPMP. Task 4: Additional Site Assessment to Evaluate the Center Area of Property A review of the RPMP indicates that the soil in the center of the Property, around soil boring NM-B22, has not been adequately characterized. It is necessary to assess soils in this area to determine if cleanup is required. RORE proposes to place four soil borings in the central area of the Property around soil boring NM-B22. Two soil samples will be collected from each soil boring at depths below ground surface (bgs) of 0.5-2 feet bgs and 2-3.5 feet bgs. Soil samples will be analyzed for total petroleum hydrocarbons (TPH) by EPA Method 8015M and Title 22 Metals by EPA Method 6010/7471A. Task 5: Human Health Risk Assessment To demonstrate that the Property no longer poses a human health risk based upon the proposed future property use, a HHRA will be completed following San Diego DEH SAM Manual guidelines. Task 6: Concrete and Asphalt Demolition and Removal The start of fieldwork will include implementation of the approved Community Health and Safety Plan, and the Site Health and Safety Plan. The existing concrete and asphalt material surface will be removed from areas of the Property that will undergo site remediation. The estimated area to be removed will be 15,000 square feet. Assuming six inch thick non -reinforced concrete, the estimated total concrete for demolition and removal is 280 cubic yards (-580 tons). This task includes demolition of the hydraulic bailer pit. No As -built drawings were provided to us and RORE personnel were unable to inspect the hydraulic bailer pit. Therefore, for the purposes of this proposal, the pit is assumed to be 20 feet long, 14 feet wide, and 20 feet deep, and is lined with concrete. If the bailer pit does not match these specifications, additional costs for demolition and disposal may be required. Task 7: Excavate Hotspots Based on Existing and Additional (Task 4) Site Assessment Data All areas of the Property that exhibit elevated concentrations of CoCs in soil that could pose an elevated human health risk will be excavated and disposed of accordingly. Estimated total soil excavation is 1,850 tons. If the quantity of soil differs from the estimate due to additional contamination that may be encountered during the currently -proposed characterization of soil in the center portion of the property, then the Client will be notified of any cost modifications prior to proceeding with the task. For the purpose of this proposal and based upon review of the existing data, RORE assumes that about 300 tons (200 cubic yards) of California non-RCRA Hazardous waste will be identified, excavated, and disposed of from the center portion of the property. Task 8: Confirmation Sampling Perform confirmation sampling per RPMP including one sample for each 2,000 square foot area Page 4of10 Cost Proposal for the former Ace Metals Property RORE. Inc. Additional sampling will be performed on sidewalls and below the bottom of hotspot excavations. Task 9: Stockpile Management and Characterization The excavated soil will be stockpiled on -site per DEH approval. The stockpiles will be stored on visqueen and covered with visqueen, which will be held to the ground with sandbags. RORE will perform stockpile characterization per RPMP. The estimated total quantity of soil to be characterized is 1,100 cubic yards, and sampled at one sample per 25 cubic yards up to 500 cubic yards, and one sample per 500 cubic yards above 500 cubic yards volume of soil. Two stockpiles are proposed: One with 200 cubic yards and another with 900 cubic yards. This task will require a total of29 soil samples. Task 10: Stockpile Disposal Perform stockpile disposal based on stockpile characterization sampling results. The disposal destination is dependent on the results of stockpile sampling. Based on the concentrations of lead identified in Property soils, a portion of the soil will probably fail the toxicity characteristic leaching procedures (TCLP) tests and be considered a RCRA Hazardous Waste. It is probable that a large quantity of excavated soil will also fail the soluble threshold limit concentration (STLC) test and be considered a California non-RCRA I-Iazardous Waste. For purposes of this proposal the following estimates will be used: 300 tons RCRA Hazardous Waste, 1,550 tons California non-RCRA Hazardous Waste. The soil quantities identified as RCRA and California non-RCRA Hazardous wastes are best -estimates based upon existing site soil sample results. If the quantities differ from the proposal estimates, then additional costs may apply and the Client will be notified prior to proceeding with the task. Task 11: Backfilling and Surface Completion Perform backfilling and compaction of excavated areas and surface completion per the RPMP. An estimated 1,800 tons of engineered fill material will be used to bring the excavations up to grade. The surface will then be completed with approximately 2 inch thick asphalt covering an estimated 15,000 square feet. Task 12: Report Preparation Rased on the findings of the field investigation and laboratory results from the above scope of services, a Property Closure Report will be prepared. The report will document the mitigation and will include laboratory reports, chain -of -custody records, waste manifests, figures and cross - sections indicating soil sampling locations and sample analytical results, tabulated analytical results, and appropriate supporting documentation. The report will be reviewed for quality and signed by the appropriately -licensed professional. PROJECT ASSUMPTIONS 1. Access to Property will be provided without any interruption to RORE's normal field schedule (e.g., 7:00 am to 3:30 pm, Monday through Friday). Page 5of10 Cost Proposal for the former Ace Metals Property RORE, Inc. 2. Water will be available at the Property at no cost to RORE. 3. The City of National City will waive the City permit fees as needed. 4. RORE will utilize state -licensed subcontractors and construction crews, who will be paid prevailing wages. 5. The City of National City representatives will be required to sign the manifest for disposal of hazardous waste at the designated landfill site. 6. Based on review of available data, RORE assumes that groundwater is deeper than 20 feet; the RORE Team will not be required to dewater during soil excavation. 7. If possible, crushed concrete can be re -used by the City of National City at other sites. 8. RORE will not be responsible for delay in project execution due to a delay in obtaining the applicable permits from regulators and/or unforeseen conditions such as rain and flooding. 9. Quantities of soil used in this proposal are estimates based on available information provided in the RPMP. Due to the inherent uncertainty associated with the mitigation of subsurface contamination, quantities of RCRA hazardous and non-RCRA hazardous soil may vary from the proposed amounts. If this occurs, the Client will be notified prior to proceeding with the associated task. 10. RORE's estimated cost does not include any emergency cleanup in the event that any unknown hazardous chemicals are encountered. 11. RORE's estimated cost does not include removal and disposal of underground and/or aboveground storage tanks, if encountered. However, RORE will inform the National City Project Manager and obtain his concurrence for a change order and the additional cost involved. 12. The proposed redevelopment will be slab -on -grade construction; the final grading will only be approximate. RORE can complete the project by the December 31, 2006 deadline assuming that DEH provides approval in a timely manner. Please note that DEH has verbally authorized commencement of the project on tasks that have already been approved under the existing mitigation plan (for e.g., Tasks 1-3 and 6). RORE is ready to begin this project immediately upon receipt of the signed contract. The costs related to each Task of this project are summarized in a Table that directly follows this page. If you have any questions regarding this proposal, please contact me at 858-483-8625 ext. 12. or on my cell at 619-922-4482. Thanks so much for your consideration! Sincerely, RORE, Inc. (ita Murthy, Ph.D. Project Director Page 6of10 Cost Proposal for the former Ace Metals Property RORE, Inc. Task # Activity Cost Subtotal 1 Fieldwork Preparation Site Health and Safety Plan $2,500 Permit application and filing, 16 hrs @ $68/hr $1,088 Utility mark -out and locating, 4 hrs @ $53/hr $212 S Subtotal $3,800 2 Concrete Characterization Environmental Technician, 6 hrs @ $53/hr $318 Sampling equipment and field truck $200 Laboratory analysis, 10 samples @ $25/sample $250 Subtotal $768 3 Preparation of Storm Water Pollution Prevention Plan Plan development, lump sum $8,500 Subtotal $8,500 4 Additional Site Assessment to Evaluate the Center Area of Property Sr. Environmental Technician, 6 hrs @ $68/hr $408 Environmental Technician, 6 hrs @ $53/hr $318 Supplies, lump sum $200 Field truck, 1 day @ $75/day $75 Concrete coring $300 Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 8 samples at $149/sample) $1,192 Laboratory analysis - TPH (EPA 8015 Modified, 8 samples at $149/sample) $1,192 S Subtotal $3,685 5 Human Health Risk Assessment Human Health Risk Assessment, lump sum $19,000 S Subtotal $19,000 6 Concrete and Asphalt Demolition and Removal Site Superintendent, 30 hrs @ $84/hr $2,520 Field truck, 3 days @ $75/day $225 Concrete cutting, demolition, and removal $20,050 S Subtotal $22,795 7 Excavate Hotspots Based on Existing & Additional (Task 4) Site Assessment Data Site Superintendent, 60 hrs @ $84/hr $5,040 Sr. Environmental Technician, 30 hrs @ $68/hr $2,040 Environmental Technician, 30 hrs @ $53/hr $1,590 Field truck, 8 days @ $75/day $600 Hydraulic bailer pit removal and disposal $6,750 Excavation $12,000 Subtotal $28,020 Page 7 of 10 l7 Cost Proposal for the former Ace Metals Property RORE, Inc. Task # Activity Cost Subtotal 8 Confirmation Sampling Site Superintendent, 40 hrs @ $84/hr $3,360 Sr. Environmental Technician, 20 hrs @ $68/hr $1,360 Environmental Technician, 20 hrs @ $53/hr $1,060 Field truck, 2 days @ $75/day $150 XRF rental, 1 week @ $2,500/week $2,500 Concrete coring $1,200 Mobile lab, 5 days @ $2,300/day $11,500 Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 90 samples @ $125/sample) $11,250 Laboratory analysis - TPH (EPA 8015 Modified, 90 samples @ $125/sample) $11,250 Laboratory analysis - PAHs (EPA 8310, 25 samples @ $162/sample) $4,050 Laboratory analysis - VOCs (EPA 8260, 25 samples @ $112/sample) $2,800 Laboratory analysis - PCBs (EPA 8082, 25 samples @ $75/sample) $1,875 Subtotal $52,355 9 Stockpile Management and Characterization Stockpile Management Plan, lump sum $2,500 Sr. Environmental Technician, 15 hrs @ $68/hr $1,020 Environmental Technician, 15 hrs @ $53/hr $795 Sampling supplies $250 Field truck, 1 day @ $75/day $75 Laboratory analysis - Title 22 Metals (EPA 6010/7471A, 29 samples $99/sample) $2,871 Laboratory analysis - TPH (EPA 8015 Modified, 29 samples @ $99/sample) $2,871 Laboratory analysis - PAHs (EPA 8310, 10 samples @ $129/sample) $1,290 Laboratory analysis - VOCs (EPA 8260, 10 samples @ $99/sample) $990 Laboratory analysis - PCBs (EPA 8082, 10 samples @ $60/sample) $600 Laboratory analysis - STLC Metals (STLC Metals, 15 samples @ $85/sample) $1,275 Laboratory analysis - TCLP Metals (TCLP Metals, 15 samples @ $85/sample) $1,275 Subtotal $15,812 Faye 6 ut to Cost Proposal for the former Ace Metals Property RORE, Inc. Task # Activity I Cost I Subtotal 10 Stockpile Disposal Environmental Technician, 16 hrs @ $53/hr $848 $174,398 Field truck, 2 days @ $75/day $150 Load -out of soils $5,000 RCRA Hazardous Waste, 300 tons @ $210/ton $63,000 CA non-RCRA Hazardous Waste, 1,550 tons (a), $68/ton $105,400 Subtotal 11 Backfilling and Surface Completion Site Superintendent, 16 hrs @ $84/hr $1,344 $83,494 Field truck, 2 days @ $75/day $150 Engineered backfill, 1,800 tons @ $35/ton $63,000 Surface completion, 15,000 square feet of 2 inch asphalt @ $1.34/square foot $15,000 Compaction testing $4,000 Subtotal 12 Report Preparation Property Closure Report $10,000 $10,000 Subtotal Subtotal S422,627 Project Management and Subcontract Management Fee (10% of Professional and Contractor Fees) $42,263 TOTAL $464,890 Page 9 of 10 Cost Proposal for the former Ace Metals Property RORE. Inc. SCHEDULE OF FEES Effective January 1, 2006 PROFESSIONAL SERVICES Principal -in -Charge Project Manager Project Professional Staff Professional Environmental Technician CADD Technician Consultants SUPPORT SERVICES Office Manager/Executive Secretary Computer Word Processing OTHER COSTS Field Truck Equipped Field Van Per Diem Organic Vapor Analyzer Materials (PPE, Level C-D) Lab Supplies All Other Direct Costs Telephone, Mail, and Office Copying HOURLY RATE $103 $100 $84 $68 $53 $47 $125 $42 $42 $75/day $95/day Per Govt. $100/day $50/person Per Lab Cost Actual Costs plus 10% G&A, and Fee of 10% 4% of Professional Services NOTE: A two-hour minimum is charged for field visits by staff. Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. For Court appearances, presentations to regulatory boards or other special requests for testimony, a minimum of four hours time plus expenses will be charged for each individual attending. For legal testimony, professional fees are three times the posted hourly rates. Preparation phase for such appearances will be charged at the regular hourly rates. Exl-i (EAT Ace Metals Site Mitigation Schedule ID 3 8 2 13 14 5 16 7 18 19 20 21 22 3 Task Name Duration Start Finish Revised Mitigation Plan Submittal to DEH 1 day Wed 10/4/06 Wed 10/4/06 DEH Review of Revised Mitigation Plan 9 days Thu 10/5/06 Tue 10/17/06 Permitting 14 days Wed 10/4/06 Mon 10/23/06 Concrete Characterization for Asbestos 7 days Wed 10/4106 Thu 10/12/06 SWPPP 7 days Wed 10/4/06 Thu 10/12/06 Utility Clearance 1 day Thu 10/12/06 Thu 10/12/06 Site Assessment of Central Portion of 3 days Fri 10/20/06 Tue 10/24/06 Property Hot Spot Mapping and Markout 1 day Wed 10/25/06 Wed 10/25/06 Additional Assessment Lab Analysis 7 days Wed 10/25/06 Thu 11/2/06 DEH review of Additional Assessment/ 5 days Fri 11/3/06 Thu 11/9/06 Mitigation Addendum Concrete/Asphalt Removal 3 days Mon 11/13/06 Wed 11/15/06 t Site ExoavationiStockpiling 10 days Thu 11/16/06 Wed 11/29/06 • Confirmation Sampling 11 days Thu 11/16/06 Thu 11/30/06 Laboratory Analysis Confirmation 5 days Fri 12/1/06 Thu 12/7/06 Sampling Risk Assessment 5 days Fri 12/8/06 Thu 12/14/06 n Remobilize, if necessary for additional site 2 days Fri 12/15/06 Mon 12/18/06 mitigation • Stockpile Characterization 2 days Wed 11/29/06 Thu 11/30/06 Lab Analysis Stockpile Characterization 7 days Fri 12/1/06 Mon 12/11/06 Stockpile Disposal 9 days Tue 12/12/06 Fri 12/22/06 Site Backlit' and Compaction 7 days Tue 12/26/06 Wed 1/3/07 Resurfacng 7 days Thu 1/4/07 Fri 1112/07 Project Draft Mitigation Report 21 days Wed 12/6/06 Wed 1/3/07 DEH Review 21 days Thu 1/4/07 Thu 2/1/07 Oct 1. '06 1011 Oct 8. '06 10/8 Oct 15. '06 10/15 Oct 22, '06 T 10/22 Od 29. '06 10/29 Nov 5. '06 11/5 Nov 12, '06 11/12 Project Project Schedule 9-29-05 Date Fri 9/29/06 Task Split Progress Milestone Summary Rolled Up Task Rolled Up Split Rolled Up Milestone O Rolled Up Progress External Tasks Project Summary ROBE, Inc. Page 1 Ace Metals Site Mitigation Schedule 13 Task Name Duration Start 1 Finish Oct 1, '06 Oct 8, 06 Oct 15, '06 Oct 22, '06 Oct 29, '06 Nov 5, '06 Nov 12, '06 10/1 1018 10/15 10/22 10/29 11/5 11/12 Final Mltlgation Report 14 days Fri 2/2107 Wed 2/21/07 Project Schedule 9-29-05 i 9/29/06 Task Split Progress . Rolled Up Split Up Milestone Up Progress External Tasks Summary Milestone ,.-_.. Summary Rolled Up Task O Project ^ Rolled frallIMMillp Rolled nc_ Page 2 Nov 19 06 Nov 26, '06 Dec 3, '06 11/26 12/3 rm Pro ect. Project Schedule 9-29-05 Date: Fri 9/29/06 RORE, Inc. Dec 10, '06 Task Split Progress 12/10 Dec 17. '06 12/17 Ace Metals Site Mitigation Schedule Dec 24, '06 Dec 31, 06 Jan 7, '07 Jan 14, '07 12/24 12/31 Milestone Summary Rolled Up Task 1,7 • 11.111.1.11.1.11.11. Page 3 1/14 Jan 21, '07 Rolled Up Split 1/21 Rolled Up Milestone <> Rolled Up Progress Jan 28, '07 1/28 Feb 4, '07 2/4 Feb 11, '07 External Tasks Project Summary 2/11 Feb 18, '07 2/18 Ace Metals Site Mitigation Schedule )6 'Nov 26, :9: 11126 Dec 3, '06 12/3 Dec 10, '06 12/10 Dec 17, '06 12/17 Dec 24,'06 IDec 31,'06 2/24 12/31 Jan 7, '07 117 Jan 14,'07 1/14 Jan 21,'07 Jan 28.'07 1/21 1/28 Feb 4, '07 2/4 Feb 11,'07 2/11 Feb 18, '07 2/18 Pi 'roject Schedule 9-29-05 D. 9/29/06 Task Split Progress Milestone Summary Rolled Up Task Rolled Up Split Rolled Up Milestone Rolled Up Progress External Tasks Project Summary Rc c. Page 4 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 1 DAg AGENDA ITEM NO 29 ITEM TITLE Authorizing the issuance of a Request for Proposals for redevelopment, land use, and economic consultants related to the feasibility of a Harbor District Industrial Park suitable for the relocation of potential non -conforming uses within the City of National City's Westside Specific Planning area. PREPARED BY DEPARTMENT \ Patricia Beard Community Development Commission Redevelopment Manager EXPLANATION In September, the City Council, also serving as the Board of the Community Development Commission ("CDC"), requested staff to prepare a Request for Proposals ("RFP") to determine the feasibility of redeveloping certain potential non- conforming uses within the Westside Specific Planning area to an Industrial Park west of Interstate 5 in National City. The attached RFP is being brought for consideration as a result of this request. Any consultant team subsequently recommended for the project would be brought forward for CDC consideration in a public meeting. (please see attached RFP) Environmental Review Issuing the RFP is exempt from the California Environmental Quality Act ("CEQA"). Financial Statement Costs (staff time and advertising) to issue the RFP will be less than $2,000. Account No. STAFF RECOMMENDATION Authorizing issuance of the RFP. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Request for Proposals Resolution No. A-200 (9/80) Attachment 1 Preserving HistShaping the Future Community Development Commission of National City REQUEST FOR PROPOSALS FOR REDEVELOPMENT, LAND USE, AND ECONOMIC CONSULTANTS FEASIBILITY OF HARBOR DISTRICT INDUSTRIAL PARK SUITABLE FOR RELOCATION OF POTENTIAL NON -CONFORMING USES WITHIN THE CITY OF NATIONAL CITY'S WESTSIDE SPECIFIC PLANNING AREA Community Development Commission 1243 National City Boulevard National City CA 91945 (619) 336-4250 October 19, 2006 TABLE OF CONTENTS INTRODUCTION 1 BACKGROUND 1 SCOPE OF WORK 2 SUBMISSIONS FORMAT AND CONTENT 2 SUBMISSIONS SCHEDULE 3 SUBMISSIONS SELECTION PROCESS 4 SUBMISSIONS EVALUATION CRITERIA 4 TERMS AND CONDITIONS 4 LOCAL BUSINESS AND EMPLOYMENT 5 INTRODUCTION The Community Development Commission of National City (CDC) works with owners and tenants, obtains qualified developers, acquires property, relocates occupants, demolishes existing buildings, rehabilitates appropriate structures, and constructs public improvements and facilities to carry out adopted redevelopment plans within the National City Redevelopment Project area. CDC is requesting proposals from qualified consultant teams to study the feasibility of developing an industrial park in National City west of Interstate 5 for the purpose of relocating potential non -conforming uses with the City's Westside specific planning area. The purpose of this Request for Proposals ("RFP") is to inform and guide the CDC about how to relocate potential non -conforming uses, primarily auto repair shops, from the primarily residential Westside neighborhood to an industrial park development to be located west of Interstate 5 in National City. The selected consultant team will be well qualified in land planning, relocation and redevelopment of businesses, environmental assessment and compliance, as well as economic and market analysis. The tasks necessary to the project include the assessment of potential non -conforming uses within the Westside to determine feasibility of relocation and redevelopment, an assessment of the number of acres needed for the feasible redevelopment, and a report of the environmental and economic requirements of developing an industrial park for the feasible redevelopment in the National City Harbor District redevelopment area. Proposals should include, along with team qualifications and professional references, a schedule of performance, a detailed outline of tasks to be performed, and an estimated time and materials budget including a not to exceed total fee. BACKGROUND The City of National City is currently crafting a Specific Plan for its Westside neighborhood. The neighborhood has historically been zoned to allow a mix of single family residential and industrial uses (such as auto repair shops and plating facilities) that many people locally blame for increased asthma rates and other problems in the neighborhood. As part of a grassroots effort that led to the Specific Planning process, local activists worked this year with the City Council to have an amortization ordinance for non -conforming uses Citywide adopted. This ordinance, alongside the anticipated Specific Plan, gives the City a powerful tool for neighborhood revitalization. Neighborhood activists believe that while the mixed residential/industrial zoning of the neighborhood has led to negative health impacts, the economic impacts of amortizing local businesses must be considered as well. The City has no interest in continuing polluting uses in any location in the community. However, the question is: can viable businesses providing jobs and community services be locally redeveloped within today's environmental standards? The challenge for consideration through this RFP is: which potential non -conforming businesses in the Westside neighborhood should be considered for redevelopment in the community -preferred location — an industrial park west of Interstate 5 in National City's Harbor District. 1 SCOPE OF WORK This project is finite in scope and will include an analysis of potential non -conforming uses within the Westside Specific Planning Area subject to the City of National City's amortization ordinance to determine if any or all of the subject businesses are suitable for relocation and redevelopment in an environmentally compliant industrial park to be located west of Interstate 5 in National City's Harbor District redevelopment area. It will include an analysis of the size of necessary property to house such an industrial park, the economic impact (cost and benefit) of such aredevelopment n the former and proposed'ng locations environmental remediation if necessary both inecessary zoning or land use changes, guidance regarding traffic and stormwater management and recommendations about desirable development conditions and aesthetic considerations. The consultant team will be required to have available personnel who have been successful in professional tant services, land use'es andelated to redevelopmentt, asnwelltal and as hazardous materials consul economic and market feasibility analysis. The services provided should adhere to accepted professional standards and practices. SUBMISSIONS FORMAT AND CONTENT All respondents are required to follow the format specified below. The contents of the submissions must be clear, concise, and complete. Each section of the submissions shall be tabbed according to the numbering system shown below to aid in expedient information retrieval (NOTE: Respondents shall base their submissions on the "Scope of Work.") Submissions Cover e Include the number title the principal sub ions firm due date, the name, address, fax number, and Table of Contents - Include a complete and clear listing of headings and pages to allow easy reference to key information. 1, Cover Letter - The cover letter should be brief (two pages maximum), and any changes to the format or deletions of requested materials a e ial should ill be explained CDC, in the cover letter. Describe how the delivery of including the location of the principal firm's offices and the response to ClDC's requests. If the firm is proposing to co -respond with other fi im andrms,the the proposed r must specify the type of services to be provided by percentage allocated to that phase or function of the service. In addition, describe those conditions, constraints, or problems that are unique to the scope of work that may adversely affect either the cost or work progress; identify the team members (i.e., joint partners and sub -consultants); and include the title and sign e a ature of the firm's contact person for this procurement. The signatoryshall ith official authority to bind the company. on shall contain the lowing: A II. Qualdescription ion ofations and eamXs experience, by firm, i'n providing the necessarylconsullti g description theof -�. past three (3) years specifically related to the scope of work shall be listed 2 consecutively with the awarding and completion dates noted. Each listed experience shall include the name(s) and telephone number(s) of the firm's project manager and the client's project manager and a description of the experience and the exact tasks that each sub -consultant firm will perform. III. List of Proiect Personnel - This list should include the identification of the contact person with primary responsibility for this project, other project personnel, including partners and/or sub -consultants, and their individual areas of responsibility. The persons listed will be considered as committed to the project. A resume for each professional and technical person assigned to the project, including partners and/or sub -consultants, shall be submitted. The resumes shall include at least two references from previous assignments. IV. Organization Chart - An organization chart containing the names of all key personnel, joint venture partners, and sub -consultants with titles and their specific task assignment for this project shall be provided in this section. V. Other Information - This section shall contain all other pertinent information regarding this procurement in the following order: A. Description of any other professional or familial relationships with City of National City, National City Community Development Commission or any elected or appointed officials of said organizations; B. Description of in-house resources for prime respondent and co -venture partner(s) (i.e., computer capabilities, software applications, and modeling programs, etc.); C. Description of any litigation involving a similar scope of work or any redevelopment project during the past three (3) years. VI. Schedule of Rates - The respondent shall provide a Schedule of Rates in a sealed envelope. SUBMISSIONS SCHEDULE The solicitation, receipt and evaluation of submissions and the selection of the provider of consultant services will conform to the following schedule. (Note: Dates are subject to change.) Distribution/Advertisement Pre -Submissions Conference Submission Date Submission Review Interview Contract Negotiation Commission Approval October 19, 2006 October 30, 2006, at 10:00 a.m. Martin Luther King Community Center 140 East 12th Street, National City November 30, 2006, by 4:00 p.m. To be determined (TBD) TBD TBD TBD 3 Notice to Proceed TBD The National City Community Development Commission reserves the right to reject all proposals. Proposers should be aware that a contract award to any firm(s) engaged by the Community Development Commission is subject to contract requirements, such as insurance, that may not be specified in this RFP. (A standard draft contract can be provided upon request.) Copies received by FAX shall not be deemed received. One original and (10) copies of the submission shall be delivered no later than 4:00 p.m. on the Submission of Proposals date listed above to: Ms. Patricia Beard, Redevelopment Manager Community Development Commission 1243 National City Boulevard National City, CA 91950 (619) 336-4255 SUBMISSIONS SELECTION PROCESS A CDC Pre -Selection Committee will review submissions that meet the outlined requirements stated herein. The Pre -Selection Committee will "short-list" the most qualified firms, utilizing the selection criteria listed below. In the event that an interview is required by the Selection Committee, it is mandatory that all principal firms and the designated project manager attend. SUBMISSIONS EVALUATION CRITERIA Submissions received by CDC will be evaluated according to the criteria listed below: • Conformance to the specified RFP format; Organization, presentation, and content of the submission; Specialized experience and technical competence of the firm(s), (including principal firms, joint venture -partners, and sub -consultants), considering the types of service required; the complexity of the project; record of performance; and the strength of the key personnel who will be dedicated to the project; Knowledge and understanding of the local environment and a local presence for interfacing with CDC; A willingness to offer National City businesses opportunities to provide goods and services; and • References and litigation experience, if any, within the last three (3) years. TERMS AND CONDITIONS ISci �� nnca r4 fki' 77-P rrl i( iti prE parailvii of a ,c.:,NJnse to iiliS iequ€st, Ur 1.0 procure, a wliira:;t fui Sc vit S, ri i 4 respondents should note that the execution of any contract pursuant to this RFP is dependent upon the approval of the CDC Board in a public meeting. CDC retains the right to reject all submissions. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent. Each submission shall be valid for not less than ninety (90) days from the date of receipt. The firm(s) selected to perform the work described in this RFQ/P will be required to provide evidence of public liability and property damage insurance with limits of not less than $1 ,000,000 for injury to, or death of, one or more persons and/or property damage arising out of a single accident or occurrence insuring against all liability of the City of National City, CDC, selected consultant, its subcontractor(s), and its authorized representatives, arising out of, or in connection with, the performance of work under the contract with CDC. Professional liability insurance (errors and omissions) shall be required of said firm in the minimum amount of $1,000,000. Said insurance shall be provided at the sole cost and expense of the firm selected, unless the requirement is modified or waived by the CDC. LOCAL BUSINESS AND EMPLOYMENT The respondent acknowledges that CDC seeks to promote employment and business opportunities for local residents and firms on all CDC contracts. The respondent will solicit applications for employment and the purchase of materials and supplies for work associated with this document from local residents and firms as opportunities occur whenever feasible. Note: Incomplete submissions, incorrect or false information, or late submissions shall be cause for immediate disqualification. 5 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO. 30 ITEM TITLE Report: Community Development Commission Owned Parcels (APN# 564-290-71, 74 and 564-310- 03) at Valley Road and Plaza Center Way, National City, CA PREPARED BY DEPARTMENT Xavier Del Valle Community Development Commissio Senior Project Manager EXPLANATI ON On April 18, 2006, the CDC Board directed staff to re-evaluate the original Request for Proposal (RFP) submittals for the above referenced CDC -owned parcels. The original proposals were evaluated utilizing the new RFP process that was established by the CDC Board on March 28, 2006. The attached Background Report provides a summary of project proposals, the Selection Committee's analysis pertaining to the re -submittals, and presents the CDC Board with three options to consider on how to proceed with the development of the subject parcels. The summary also includes a timeline of events, and illustrates the project development criteria that were utilized for evaluating the re -submittals. The Selection Committee for the RFP re-evaluation process consisted of Economic Development Manager Angela Nazareno and Senior Project Manager Xavier Del Valle 7 Environmental Review CEQA is not applicable Financial Statement The CDC -owned parcels (APN# 564-290-71, 74 and 564-310-03) at Valley Road and Plaza Center Way were acquired in 2005 at a total cost of $1,400,000. An updated appraisal shall be necessary in order to determine the current fair market value of the subject parcels. Proceeds from the sale of the subject parcels shall be deposited into the redevelopment project area fund for revitalization activities within the project area. STAFF RECOMMENDATION CDC Board direction to proceed with one of the options listed under the background section of this report. J ATTACHMENTS 1. Background Report Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT On April 18, 2006, the CDC Board directed staff to re-evaluate the original Request for Proposal (RFP) submittals for three CDC -owed parcels located at Plaza Center Way and Valley Road. The parcels are non-contiguous and consist of a 2.18-acre parcel (APN# 564-310-03) located on the west side of Plaza Center Way, and two parcels (APN# 564-290-71, 74) that total approximately .74-acres on the east side of Plaza Center Way. The subject parcels are in close proximity to SR-54 and the unincorporated community of Bonita. The neighborhood is characterized primarily with single family residences. The CDC received three re -submittals from three developers, including CYMA LLC, Carolino Construction, and National Oaks Communities. CYMA and National Oaks subsequently responded to a letter of incompleteness from the Selection Committee requesting for additional materials. CYMA and National Oaks resubmitted complete RFP packages. Carolino Construction requested for an extension of the re -submittal deadline. The request was denied because it was deemed that each applicant had more than sufficient time to submit the additional requested materials. The following illustrates the timeline of events for re-evaluating the RFP submittals. Timeline for Re -Evaluating RFP Submittals Policy for RFP/Q Process adopted by CDC CDC directs staff to re-evaluate original RFP submittals Developers re -submit original proposals Selection Committee established Re -review proposals for completeness Incomplete letters sent to developers Developers re -submit complete package Selection Committee review complete proposals Interviews Staff analysis prepared Report to Executive Management Report to CDC Board March 28, 2006 April 18, 2006 Late April 2005 May 2006 June 2006 Early July 2006 Early August 2006 Mid -August 2006 Late August 2006 Early September 2006 Mid -September 2006 October 2006 As indicated previously, the Selection Committee evaluated the proposals submitted by CYMA and National Oaks utilizing the new RFP process that was established by the CDC Board on March 28, 2006. The following section provides the specific criteria utilized to evaluate the re - submittals. The subsequent sections of this report provides the Selection Committee's analysis for each proposal, and presents the CDC Board with three options to consider on how to proceed with the development of the subject parcels. Project Development Criteria I. Cover Letter articulating a developer's desire and capability to develop the property, and highlighting why their proposal is unique and innovative. 2. Contact Information (address, telephone, fax numbers, e-mail, etc.) 3. Developer Qualifications - Corporate fact sheet or profile - Project development experience with references - Type of projects completed and underway - "Spin off' effects, including ability to attract private and capital investment - Public benefit, including amenities and quality of life - Awards (i.e., Urban Land Institute, American Planning Association) - Experience developing projects within a public/private partnership - Development team member qualifications (biographies) Financial references (3 minimum) 4. Proposed Development Project - Complete project description (i.e., land uses, square footages, design, etc.) - Project pro forma information - Proposed project financing - Projected sale prices or rents Public assistance (if necessary) - Estimated development schedule - Conceptual site plan and elevations (8.5" x 11" or 11" x 17" reduced copies) - Submit 10 copies, including 1 unbound copy 5. Disclosures Any felony arrests/convictions of any type during the last 10-years - Any litigation related to a development during the last 3-years Any bankruptcy filings on behalf of principals on the development team CYMA, LLC: proposes on west side of Plaza Center Way, 6-single family units at 3,000-sf per unit. The 2-story units shall have 5 bedrooms, 3.5 baths, and provide for a 3-car garage. The estimated price per unit is $899,000. On east side of Plaza Center Way, 4-single family units are proposed at 2,600-sf per unit. The 2-story units shall have 4 bedrooms, 3 baths, and provide for a 2-car garage. The estimated price per unit is $775,000. CYMA requests a subsidy from the CDC for public improvements (i.e., under grounding utilities), which total an estimated $500,000. The following are Selection Committee findings pertaining to CYMA's proposal: • CYMA has limited development experience, including public/private development partnerships. CYMA's contractor has local construction experience, and lists certificates of professional achievement, but no project awards. • CYMA undertook extensive research, including identifying issues pertaining to real estate, traffic, soils, and infrastructure. • The submitted architectural graphics were very conceptual. • CYMA stressed the pride of home ownership, and emphasized the development of attractive homes that fit the surrounding area. • Financial partnership may come from a local bank - Neighborhood National Bank. Financial references were submitted. The Selection Committee advises not to pursue CYMA's proposal due to their limited development experience, and their request for a significant subsidy to develop the public improvements. CYMA's requested subsidy is estimated to be $500,000. The subject parcels should be sold at fair market value, and the developer should be responsible for providing any required public improvements for a market rate project outside the redevelopment project area. NATIONAL OAKS COMMUNITIES: proposes on the west side of Plaza Center Way, 24 single family units at 1,500-sf per unit. The 2-story units shall have 4 bedrooms and a 2-car garage. The estimated price per unit is $420,000. On east side of Plaza Center Way, National Oaks proposes an option to develop 40 affordable senior apartments with the assistance of low income tax credits. No CDC subsidy is requested. However, National Oaks requests that they pay the CDC for the land as the units are sold. Additionally, their proposed option for senior affordable apartments requires securing low income tax credits. The following are Selection Committee findings pertaining to National Oaks' proposal: • National Oaks' has extensive public/private experience. In particular, infill development, tax credit projects, multi -family rental, and working with diverse communities with various local needs. The architectural firm representing the project has won several awards. • Emphasize partnering with local jurisdictions, and are flexible in soliciting local advice and community input to determine "what the City wants." Stress taking a holistic approach when planning their residential projects, and take steps to ensure that their project compliments the surrounding neighborhood. • Based on past development experience, National Oaks appears financially capable to develop the single family residences. • The proposed option to develop 40 apartments on the east side of Plaza Center Way does not comply with the underlying zone (single family residences). National Oaks did not provide an alternative development scenario for the subject parcel, but will re-evaluate and consider the development of single family residences, if desired. • Conceptual elevations were prepared in black and white. National Oaks is a qualified and experienced developer. Of concern is their option to develop 40 affordable apartments on the east side of Plaza Center Way. No subsidy is requested for this component of the proposal. However, the option requires securing low income tax credits, which are competitive and typically require additional public agency subsidy (i.e., Plaza City Apaitinents). The development of apartments should not be considered at this location, because the land use does not comply with the underlying zoning (single family residences), and would not compliment the existing low dense character of the neighborhood. Additionally, receiving low income tax credits is not guaranteed, and local support for applying for such credits should be focused in the area of most need, which is within a designated area (i.e., redevelopment area) where a jurisdiction would receive the most "bang for their buck" for developing affordable housing projects. If selected as the preferred developer, an Exclusive Development Agreement (ENA) shall be entered into with National Oaks for no longer than six months to assess the feasibility of developing single family residences on both sides of Plaza Center Way. An ENA shall not consider the development option of developing apartments on the east side of Plaza Center Way. Three Options for CDC Consideration As a result of the Selection Committee's analysis, the CDC Board is presented with the following three options to consider on how to proceed with the development of the subject parcels. • Re -notice Request for Proposals (RFP) and solicit proposals from qualified and experienced developers of single family residences only. The subject parcels shall be sold at fair market value, and the proceeds from the sale shall be deposited into the redevelopment project area fund for revitalization activities within the project area. This recommendation may take significant staff time and resources to pursue. • Place the subject parcels on the market, and offer to sell at fair market value. Placing the parcels on the market may be the most expeditious way of facilitating the sale and development of a market rate project. Furthermore, the subject parcels are already zoned and have design guidelines that are complementary to the surrounding neighborhood. There is no real need to publicly assist a market rate project that is located outside the redevelopment project area. Proceeds from the sale of the subject parcels shall be deposited into the redevelopment project area fund for revitalization activities within the project area. • Enter into an Exclusive Negotiation Agreement (ENA) with National Oaks Communities for no longer than six months to assess the feasibility of developing single family residences on both sides of Valley Road. The ENA shall not consider the development option of developing apartments on the east side of Plaza Center Way. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 17, 2006 AGENDA ITEM NO 31 ITEM TITLE Report: CDC -Owned Parcels at 1820 G Street (APN# 560-233-06), 1441 Harding Avenue (APN# 559-085-08), and 405 West 18th Street (APN# 559-063-04), National City, CA PREPARED BY DEPARTMENT Xavier Del Valle Community Development Commissiq Senior Project Manager EXPLANATION On September 19, 2006, staff reported to the CDC Board that the HOME acquired sites located at 1820 G Street and 1441 Harding Avenue were disqualified from the RFP process (originally noticed on March 28, 2005). As mentioned previously, it was determined that the developer's project was infeasible to develop due to Federal HOME Program rules that set limitations on the use of HOME funds. As a result, staff would come back in October and present the CDC Board with options to consider on how to proceed with developing the HOME acquired parcels. Staff also informed the CDC Board that they would come back and provide options to consider on how to proceed with developing the parcel located at 405 West 18th Street. As you may recall, St. Anthony's Church has not provided any follow up proposal or offer to acquire the subject parcel. The attached report provides a background of the RFP process, and presents the CDC Board with options to consider on how to proceed with the development of the above referenced parcels. Environmental Review CEQA is not applicable Financial Statement The CDC -owned parcels at 1820 G Street (APN# 560-233-06) and 1441 Harding Avenue (APN# 559-085-08) were acquired with HOME Federal funds at a cost of $875,000 (2004) and $400,000 (2003), respectively. The parcel at West 405 18th Street (APN# 559-063-04) was acquired with low/moderate project area funds at a cost of $360,000 (2003). An updated appraisal shall be necessary in order to determine the current fair market value of the subject parcels. STAFF RECOMMENDATION CDC Board direction to proceed with one of the options listed under the background section of this report for: 1. HOME acquired parcels at 1820 G Street and 1441 Harding Avenue; and 2. Parcel located at 405 West 18th Street. ATTACHMENTS 1. Background Report L. 2. Letter of Interest -Habitat for Humanity 3. CDC letter to St. Anthony's Church Resolution No. A-200 (9/80) 1 J ATTACHMENT 1 BACKGROUND REPORT On September 13, 2005, the CDC directed staff to work with Interra Development to prepare plans to develop the CDC -owned parcels located at 1820 G Street (15,246-sf) and 1441 Harding Avenue (8,712-sf), and to work with St. Anthony's Church on a possible project at the parcel located at 405 West 18th Street (8,712-sf). The selection process was a result of a Request for Proposal (RFP) that was released by the CDC on March 28, 2005. Soon after, staff determined that Interra's proposal was infeasible to develop due to Federal HOME Program rules that set limitations on the use of HOME funds. Pursuant to HOME rules, the CDC would need to comply with the requirement of developing affordable housing for low income households, and would need to set aside funds for a designated Community Housing Development Organization (CHDO) to undertake affordable housing activities within the City. Interra was not a designated CHDO, and their proposal called for a primarily market rate product. Also critical were the time constraints associated with developing HOME funded projects. Accordingly, housing projects funded by HOME need to break ground within 12 months of the commitment date. Consequently, the HOME -acquired parcels at 1820 G Avenue and 1441 Harding Avenue need to be completed within the next 10 months. In response to HOME rules, staff is presenting the CDC Board with the following options to consider on how to proceed with the development of the above referenced parcels. • Enter into an Exclusive Negotiation Agreement (ENA) with Habitat for Humanity for six months to assess the feasibility of developing an affordable housing project on the subject parcels. Habitat is a qualified and experienced CHDO, and had originally provided a project submittal to the RFP that was released by the CDC. Habitat has also previously partnered with the City in developing affordable for -sale units, and has expressed interest (Attachment 2) in developing other affordable projects within the City. If this option is selected, staff shall return in early November 2006 to present an ENA for Board consideration. • Re -notice Request for Proposals (RFP) and solicit proposals from qualified and experienced CHDOs to develop affordable housing units on the subject parcels. This recommendation will take significant time and resources to pursue, which may conflict with the time constraints associated with developing a project with HOME funds. • Sell the subject parcels at fair market value, and reinvest proceeds on other special housing projects or programs. Pursing this option may conflict with the time constraints associated with developing a project with HOME funds. Additionally, the City would still need to address the requirement for setting aside HOME funds to a designated CHDO to undertake affordable housing activities within the City. As you may recall, the CDC also directed staff to work with St. Anthony's Church on a possible project at the parcel located at 405 West 18th Street. The site is not affected by HOME fund requirements, because the parcel was acquired with low/moderate project funds. To date, St. Anthony's Church has not provided any proposal or any offer to acquire the subject parcel. Additionally, on September 12, 2006, staff sent a follow up letter (Attachment 3) to St. Anthony's to get a response on whether they were still interested in pursuing the subject parcel. Staff has not received any response from St. Anthony's. As a result, staff is requesting Board direction on how to proceed with the development of the subject parcel. The following are options that the Board may want to consider for the parcel located at 405 West 18th Street. • Provide St. Anthony's with additional time to respond to staff's letter that was sent on September 12, 2006. Staff shall come back in early November 2006 with an update. • Enter into an Exclusive Negotiation Agreement (ENA) with Habitat for Humanity for six months to assess the feasibility of developing an affordable housing project on the subject parcel. Habitat is a qualified and experienced affordable housing developer, and had originally provided a project submittal to the RFP that was released by the CDC. Additionally, Habitat had previously partnered with the City in developing affordable for - sale units, and has expressed interest in developing other affordable projects within the City. If this option is selected, staff shall return in early November 2006 to present an ENA for Board consideration. • Re -notice Request for Proposal (RFP) and solicit proposals from qualified and experienced developers of affordable housing. This recommendation may take significant time and resources to pursue. However, the subject parcel does not have the time constraints as the HOME acquired parcels. • Place the subject parcel on the market, and offer to sell at fair market value. Proceeds from the sale of the parcel shall be re -deposited into the low/moderate project area fund for other affordable housing projects or programs within the project area.