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HomeMy WebLinkAbout2007 02-06 CC CDC AGENDA PKTAgenda Of A Regular Meeting National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — February 6, 2007 — 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. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison 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 (619) 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 espatiol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan dlsponibles en el pasillo al principio de la junta. i Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/6/07 Page 2 CITY COUNCIL PROCLAMATION Proclaiming Tuesday, February 6, 2007 as: "California National Guard • 670th Military Police Company Day" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the,agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Approval of the minutes of the Adjoumed Regular City Council/Community Development Commission meeting of December 12, 2006 and the Regular City Council/Community Development Commission meeting of December 19, 2006. (City Clerk) 2. Resolution authorizing the City Engineer to install a red curb "No Parking" zone adjacent to the driveway at 629 "D" Avenue (D. Hunt, TSC Item No. 2007-2) (Engineering) 3. Resolution of the City Council of the City of National City authorizing the City Engineer to install a red curb "No Parking" zone adjacent to the southeast corner of Plaza Boulevard and "E" Avenue (Community Services Department, TSC Item No. 2007-4) (Engineering) 4. Resolution of the City Council of the City of National City authorizing the City Engineer to install a red curb "No Parking" zone adjacent to the driveway at 1506 "L" Avenue (G. Jarsulic, TSC Item No. 2007-3). (Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to install a blue curb handicap parking space in front of 829 E. 24tn Street. (A. Osorio, TSC Item No. 2007-1) (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/6/07 Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City to apply for a Grant to the California Integrated Waste Management Board (CIWMB) in the amount of $250,000 for the use of rubberized asphalt concrete for overlay and authorizing the City Engineer to sign the application and • administer the Grant. (Engineering) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Lease Agreement between the City of National City and American Medical Response to lease space for one ambulance and two American Medical Response Paramedics at Station #31 (2333 Euclid Avenue) for $23,580 annually per this Lease Agreement. (Fire) 8. Resolution of the City Council of the City of National City approving a Tentative Parcel Map for the division of an approximately 24,121 square - foot lot into four parcels with exceptions for less than required lot size and street frontage and a zone variance for less than required minimum garage width at 839 East 2nd Street. (Planning) 9. WARRANT REGISTER # 26 (Finance) Ratification of Demands in the amount of $1, 209, 761. 61. 10. WARRANT REGISTER # 27 (Finance) Ratification of Demands in the amount of $390,161.20. 11. Jurisdictional Urban Runoff Management Program 2005/2006 Annual Report Executive Summary. (Engineering) PUBLIC HEARING 12. Public Hearing - Conditional Use Permit for a wireless communications facility at 1526 East 18th Street. (Applicant: T-Mobile USA) (Case File CUP-2006-10) (Planning) NON CONSENT RESOLUTIONS CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/6/07 Page 4 13. Resolution of the City Council of the City of National City adding Policy Number 116 to the City Council Policy Manual requiring disclosure of Ex Parte contacts by members of the City Council and the City's Boards and Commissions. (City Attorney) 14. Resolution of the City Council of the City of National City appointing a representative to coordinate with Congressman Bob Filner's Office to seek construction funds for the City's Plaza Boulevard Enhancement/Widening Improvements from Highland Avenue to Euclid Avenue. (Engineering) NEW BUSINESS 15. Time Extension Request — Tentative Subdivision Map and Conditional Use Permit to convert 29 apartments into condominium units for individual sale at 900-910 Manchester Street. (Applicant: Manchester Hills 29, LLC) (Case File No. 2007-06 T.E.) (Planning) 16. Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets. (Applicant: John Guevara for Baldock Holdings) (Case File No. 2007-05 T.E.) (Planning) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility at 2005 Highland Avenue. (Applicant: Shelly Kilbourn for Cingular Wireless) (Case File CUP-2006-2) (Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 18. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 01/04/07 through 01/24/07 of $732,497. (Community Development Commission/Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/6/07 Page 5 CONSENT CALENDAR (Cont.) 19. Resolution of the Community Development Commission of the City of National City approving a Second Amendment to the Exclusive Negotiation Agreement (ENA) between Palm Plaza Associates, LLC and the Community Development Commission of National City for a 1.07-acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20) and authorizing the Chairman to execute said Agreement. (Community Development Commission) STAFF REPORTS 20. Police Chief Update — Adolfo Gonzales MAYOR AND CITY COUNCIL CLOSED SESSION Public Employee Performance Evaluation — Government Code Section 54957 Title: City Attorney ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — February 20, 2007 - 6:00 p.m. — Council Chamber - National City, California TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE CITY OF NATIONAL CITY WHEREAS, the California National Guard's 670"' Military Police Company was commissioned in January 1974; and WHEREAS, the Company has been stationed at the National City Armory since June 2001; and WHEREAS, the 670th mobilized within three days and served in support of Operation Iraqi Freedom from January 2003 through May 2004; and WHEREAS, during their tour, the Company lost one soldier in combat and was awarded three Purple Hearts and one Bronze Star; and WHEREAS, this past weekend, soldiers from the 670th donated over 180 community service hours to the City of National City by repainting the El Toyon Recreation Center and cleaning up various locations throughout the city. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Tuesday, February 6, 2007 as: CALIFORNIA NATIONAL GUARD 670TH MILITARY POLICE COMPANY DAY We call upon all citizens of National City to recognize our locally -based soldiers for their support and service to their community, both at home and abroad. Ron Morriset Fafnir Parra Vice Mayor ro— <9.f Fidelcs Ungab Councilmember Luis N Coun. hnem.er Rosalie G. far Councilmember ITEM # 1 2/6/07 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF DECEMBER 12, 2006 AND THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF DECEMBER 19, 2006 (CITY CLERK) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 6, 2007 AGENDA ITEM NO. 2 ITEM TITLE Resolution authorizing the City Engineer to install a red curb "No Parking" zone adjacent to the driveway at 629 "D" Avenue (D. Hunt, TSC Item No. 2007-2) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXPLANATION EXT. 4382 Mr. Dennis Hunt has requested the installation of a red curb "No Parking" zone adjacent to his driveway at 629 "D" Avenue. In his correspondence, Mr. Hunt states that vehicles partially block his driveway, thereby preventing ingress and egress. Staff's site investigation indicates that approximately three feet of red curb should be installed on each side of the driveway. This will provide positive reinforcement for vehicles not to block the driveway. At their meeting on January 10, 2007, the Traffic Safety Committee approved installation of three feet of red curb on each side of Mr. Hunt's driveway. ( Environmental Review X N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION At their meeting on January 10, 2007, the Traffic Safety Committee approved installation of three feet of red curb "No Parking" zone on each side of the driveway at 629 "D" Avenue. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee 2007-2 A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A RED CURB NO PARKING ZONE ADJACENT TO THE DRIVEWAY AT 629 "D" AVENUE (D. Hunt, TSC Item No. 2007-2) WHEREAS, Dennis Hunt, the owner of 629 "D"Avenue, has requested the installation of a red curb no parking zone adjacent to his driveway because parked vehicles encroach into the driveway restricting ingress and egress from his property; and WHEREAS, at its meeting on January 10, 2007, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones on both sides of the driveway for the property located at 629 "D". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three-foot red curb no parking zones on both sides of the driveway for the property located at 629 "D" Avenue. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 10, 2007 ITEM NO. 2007-2 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 629 "D" AVENUE (BY: D. HUNT) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Dennis Hunt, the owner of 629 "D" Avenue, has requested the installation of a red curb "No Parking" zone adjacent to his driveway. According to Mr. Hunt correspondence, vehicles from the neighborhood are parking next to his driveway and are not allowing egress and ingress. Staff investigated the site and agrees with the installation of the red curb. The approximate length will be 3 feet on each side of the driveway. STAFF RECOMMENDATION: Staff recommends the installation of 3' of red curb "No Parking" zone on each of his driveway located at 629 "D" Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2007-2 Citizen Request Traffic Safety Committee 1243 National City Boulevard, National City, CA 91950 Monday, December 04, 2006 To Whom It May Concern: I respectfully request that a red curb be painted on both sides of my driveway entrance located at 629 "D" Avenue, National City, CA. I have a frequent problem of cars partially blocking my driveway on Sundays and once or twice every week during the rest of the days. When that happens on both sides of my driveway, I can't drive my car. I would be glad to paint it myself if city budget concerns are the only issue that would prevent it from being done. I am the owner of the house where I am making this request. My information: Dennis Hunt 629 "D" Avenue National City, CA 91950 Phone: 61 9-992-4634 Email: dennisrhunt@cox.net 6 T 7 T S T 6 TH MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 6, 2007 3 AGENDA ITEM NO. /ITEM TITLE Resolution authorizing the City Engineer to install a red curb "No Parking" zone adjacent to the southeast corner of Plaza Boulevard and "E" Avenue (Community Services Department, TSC Item No. 2007-4) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION The Community Services Department has requested the installation of red curb "No Parking" zone at the southeast corner of Plaza Boulevard and "E" Avenue. Community Services stated that when large vehicles park at the corner, northbound vehicles on "E" Avenue attempting to travel through or turn left have difficulty seeing traffic approaching the intersection from the east on Plaza Boulevard. Staff's site investigation indicates that adequate sight distance is not provided when vehicles park at the corner. Based on a speed limit of 35 mph a minimum distance of 160 feet is recommended to improve sight distance. In order to meet this distance, 25 feet of red curb is needed. At their meeting on January 10, 2007, the Traffic Safety Committee approved installation of 25 feet of red curb at the southeast corner of Plaza Boulevard and "E" Avenue to improve sight distance for northbound vehicles. Environmental Review N/A MIS Approval rFinancial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION At their meeting on January 10, 2007, the Traffic Safety Committee approved installation of 25 feet of red curb "No Parking" zone at the southeast corner of Plaza Boulevard and "E" Avenue to improve sight distance for northbound vehir:les attempting to continue throt.igh on "E" Avenue or turn left onto Plaza Boulevard. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee 2007-4 A 200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A RED CURB NO PARKING ZONE AT THE SOUTHEAST CORNER OF PLAZA BOULEVARD AND "E" AVENUE (Community Services Dpt, TSC Item No. 2007-4) WHEREAS, the Community Services Department has requested the installation of a red curb no parking zone at the southeast corner of Plaza Boulevard and "E" Avenue because when large vehicles park at that corner, northbound vehicles on "E" Avenue attempting to travel through or turn left have difficulty seeing traffic approaching the intersection from the east on Plaza Boulevard; and WHEREAS, after a site investigation by Staff, a 25 foot red curb no parking zone is recommended to provide adequate sight distance at the southeast corner of Plaza Boulevard and "E" Avenue; and WHEREAS, at its meeting on January 10, 2007, the Traffic Safety Committee approved the installation of 25 feet of red curb at the southeast corner of Plaza Boulevard and "E" Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish 25 feet of red curb at the southeast corner of Plaza Boulevard and "E" Avenue. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 10, 2007 ITEM NO. 2007-4 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A BLUE CURB "NO PARKING" ZONE AT THE SOUTHEAST CORNER OF PLAZA AND "E" AVENUE (BY: COMMUNITY SERVICES. PHONE NO. 336-4560 PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: The Community Services Department has requested the installation of red curb "No Parking" zone at the southeast corner of Plaza and "E" Avenue. According to Community Services, there are large vehicles parking there from the neighborhood and are obstructing the view for vehicles that are entering Plaza Boulevard from "E" Avenue going northbound. The speed limit is 35 m.p.h. According to the speed limit and reaction time (see attached chart), the required length of red curb should be 25 feet at the southeast corner of Plaza Boulevard and "E" Avenue. STAFF RECOMMENDATION: Staff recommends the installation of 25 feet of red curb "No Parking" zone at the southeast corner of Plaza and "E" Avenue (see location map) EXHIBITS: 1. E-mail 2. Location Map 3. Chart 4. Photo 2007-4 Adam Landa From Rudy Lopez Senn Thursday, December 07, 2006 1:14 PM To: Adam Landa Cc: Lauren Lauletta Subject: TSC Requests Adam: Can we look into the following requests? Red curb the southeast corner of Plaza and E Ave (where Playhouse is). Large vehicles park there making it difficult to see oncoming traffic when going from NB E Ave to WB Plaza Blvd. Is th a way to put or andicaps spots and Casa de S d (1408 Har ' )? If no passe loading/uni 'ng zone? Thanks, Rudy Lopez Neighborhood Council Coordinator City of National City 140 E 12th Street, STE B National City, CA 91950 (619) 336-4560 (619) 336-4292 fax i DLA/A ID GI I=3 I S N 3L VD, Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = Yie dt2 or-% Vt or Deceleration Time = V d Detector Setback = Deceleration Distance + Reaction Distance = 2d + Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. USE Mile Per Hour Feet per Sec. Second Feet Second Feet Feet 25 36.7 3.06 56.1 4.06 92.8 90 30 44.0 3.67 80.7 4.67 124.7 125 35 51.3 4.28 109.6 5.28 160.9 ( 160) 40 58.7 4.89 143.6 5.89 . 202.3 200 45 66.0 5.50 181.5 6.50 247.5 250 50 73.3 6.10 223.9 7.10 297.2 300 55 80.7 6.72 271.4 7.72 352.1 350 60 88.0 7.33 322.7 8.33 410.7 410 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 4 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to install a red curb "No Parking" zone adjacent to the driveway at 1506 "L" Avenue (G. Jarsulic, TSC Item No. 2007-3) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Mr. Gerald Jarsulic has requested the installation of a red curb "No Parking" zone between his driveway at 1506 "L" Avenue and his neighbor's driveway to the south at 1532 "L" Avenue. In his correspondence, Mr. Jarsulic states that vehicles partially block his driveway, thereby preventing ingress and egress. Staff's site investigation indicates that there is 17 feet of curb (from top of curb to top of curb) between Mr. Jarsulic's driveway and his neighbor's driveway to the south. This measurement does not include three-foot wings adjacent to each driveway. Staff recommends installing approximately three feet of red curb along the wings on each side of the driveway. This will provide positive reinforcement for vehicles not to block the driveway, while maintaining a 17-foot parking space between the driveways. At their meeting on January 10, 2007, the Traffic Safety Committee approved installation of three feet of red curb on each side of Mr. Jarsulic's driveway. ( Environmental Review X N/A MIS Approval Finan , I Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. Ac BOARD / COMMISSION RECOMMENDA TIGN At their meeting on January 10, 2007, the Traffic Safety Committee approved installation of three feet of red curb "No Parking" zone on each side of the driveway at 1506 "L" Avenue. ATTACHMENTS ( Listed Below 1. Resolution 2. Staff Report to the Traffic Safety Committee 2007-3 Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A RED CURB NO PARKING ZONE ADJACENT TO THE DRIVEWAY AT 1506 L AVENUE (G. Jarsulic, TSC Item No. 2007-3) WHEREAS, Gerald Jarsulic, the owner of 1506 L Avenue, has requested the installation of a red curb no parking zone adjacent to his driveway because parked vehicles encroach into the driveway restricting ingress and egress from his property; and WHEREAS, at its meeting on January 10, 2007, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones on both sides of the driveway for the property located at 1506 L Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three-foot red curb no parking zones on both sides of the driveway for the property located at 1506 L Avenue. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 10, 2007 ITEM NO. 2007-3 I ITEM TITLE: REQUEST FOR THE INSTALLATION OF A RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1506 "L" AVENUE (BY: G. JARSULIC) Adam J. Landa, Engineering Department PREPARED BY: DISCUSSION: Mr. Gerald Jarsulic, the owner of 1506 "L" Avenue, has requested the installation of a red curb "No Parking" zone between his driveway and his neighbor to the south. According to Mr. Jarsulic correspondence, vehicles from the neighborhood are parking next to his driveway and are not allowing egress and ingress. Staff communicated to them that there is 17' between the driveways and that many cars could park there without encroaching into the driveway. The solution to resolve the problem would be to install red wings at his driveway. The approximate length will be 3 feet on each side of the driveway. STAFF RECOMMENDATION: Staff recommends the installation of 3' of red curb "No Parking" zone on each of the driveway located at 1506 "L" Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2007-3 (/:-)- 2z ,z& /71 3-76 4)-6 A)zz_z CD c7D STREET 1 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 6, 2007 5 AGENDA ITEM NO. (-ITEM TITLE Resolution authorizing the City Engineer to install a blue curb handicap parking space in front of 829 E. 24th Street (A. Osorio, TSC Item No. 2007-1) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION See Attached. r Environmental Review N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION At their meeting on January 10, 2007, the Traffic Safety Committee approved installation of a handicap parking space in front of 829 E. 24th Street. ATTACHMENTS 1 Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee 2007-1 Resolution No. A-200 (Rev. 7/03) EXPLANATION Mrs. Angelina Osorio has requested the installation of a handicap parking space in front of her house located at 829 E. 24ih Street. In her correspondence, Mrs. Osorio states that her daughter has Epilepsy and her granddaughter has Spinal-Bifiota. She is requesting the handicap parking to better accommodate them. The City Council has adopted a policy which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. Staff has investigated the site and found three off-street parking spaces on this property (see photos). This condition is not met. The policy requires that all three (3) conditions be met. Staffs site investigation indicates that three off-street parking spaces are provided on the property. Therefore, condition 3 is not met. However, since delivery trucks servicing a nearby store block the driveway periodically throughout the day, access to these spaces is not always available. In order to accommodate the hardships experienced by Mrs. Osorio, her daughter and her granddaughter, the Traffic Safety Committee approved the requested handicap space at their meeting on January 10, 2007. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 10, 2007 ITEM NO. 2007-1 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 829 E. 24714 STREET. (BY: A. OSORIO. PHONE NO.477-22431 PREPARED BY: DISCUSSION: Mrs. Angelina Osorio is requesting the installation of a handicap parking space in front of her house located at 829 E. 24th Street. In her correspondence, Mrs. Osorio states that her daughter has Epilepsy and her grand -daughter has Spinal-Bifiota. She needs the handicap parking to accommodate them. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. Staff has investigated the site and found three off-street parking spaces on his property (see photos). This condition is not met. The policy requires that all three (3) conditions be met. In this case, 2 conditions are met. Adam J. Landa, Engineering Department STAFF RECOMMENDATION: Staff recommends not installing a handicap parking space since it does not meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2007-1 4Sblb •(A ch2Z. L Lh• 0e1rn ego D 7rj29/7 `771.41 6.14 '4-rorfn Pro wa-N-v tvci77 vlA - JP "?0-4 � C/ A-0 v v Cii J pixo M-nr" -"1-r—P • /21 9a . u- '110411/ iNG REMOVE FROM MIRROR BEFOREVtVEHICLE CALIFORNIA EXPIRES JUNE 30 "WARNING: The illegal use of a disabled parsing placard could result in a maximum fine of S3,500." 824085 D PURCHASE OF FUEL (Business & Professions Code 13660) State law requires service stations to refuel a disabled person's vehicle at self-service rates, except at service facilities with only one employee on duty. 1 TYPE: Ni TV: 92 DOB: 11 / 02/ 1963 ISSUED TO OSORIO ANGELINA 829 E 24TH ST NATIONAL CITY CA 91950 Purchase of fuel (Business & Professions Code 13660): State law requires service stations to refuel a disabled person's vehicle at self-service rates, except self-service facilities with only one cashier. DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: 824085D EXPIRES: 06/30/2007 DATE ISSUED: 04/02/2005 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking. hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, CO: 37 you may park in or on: Disabled person parking spaces (blue zones) " Metered zones without paying. ' Green zones without restrictions to time limits. Streets where preferential parking privileges are given to residents and merchants. You may not park in or on: " Red, Yellow, White or Tow Away Zones. * Crosshatch marked spaces next to disabled person parking spaces. It is considered misuse to: " Display a placard unless the disabled owner is being transported. Display a placard which has been cancelled or revoked. Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, Toss of parking privileges, and/or fines. 000 OPP000 Rev(3/011 (AVIE\L__ AVENJjEZ HIGHLANLJ J flj (}j 4_ RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF THE PROPERTY LOCATED AT 829 EAST 24TH STREET (A. Osorio, TSC Item 2007-1) WHEREAS, as the guardian of two handicapped relatives, Angelina Osorio, the owner of 829 East 24th Street, has requested that a blue curb handicap parking space be installed in front of her home; and WHEREAS, at its meeting on January 10, 2007, the Traffic Safety Committee approved the installation of a blue curb handicap parking space in front of the property located at 829 East 24th Street,. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a blue curb handicap parking space in front of the property located at 829 East 24th Street. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 6, 2007 AGENDA ITEM NO. 6 ,ITEM TITLE Resolution of the City of National City to apply for a Grant to the California Integrated Waste Management Board (CIWMB) in the amount of $250,000 for the use of Rubberized Asphalt Concrete for overlay and authorizing the City Engineer to sign the application and administer the Grant. PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See Attached Explanation. Environmental Review x N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No.. A-200 (Rev. 7/03) Resolution of the City of National City to apply for a Grant to the California Integrated Waste Management Board (CIWMB) in the amount of $250,000 for the use of Rubberized Asphalt Concrete for overlay and authorizing the City Engineer to sign the application and administer the Grant. Explanation: The California Integrated Waste Management Board (CIWMB) receives an annual appropriation from the California Tire Recycling Management Fund to administer the Tire Recycling Act (Senate Bill 937, Vuich, Statutes of 1990, Chapter 35) and related legislation. As part of the Act, CIWMB is offering the Senate Bill (SB) 369 Rubberized Asphalt Concrete (RAC) Use Grant Program to encourage the use of waste tire rubber. Public Resources Code Section 42872.5 allows for the awarding of grants to public entities for funding of public works projects that use RAC. CIWMB will award the grants on a competitive basis. The purpose of this competitive grant program is to fulfill the legislative mandates by assisting in the development of markets for products manufactured from California waste tires and supporting the diversion of waste tires from landfills and stockpiles. The 2006/2007 Fiscal Year funding cycle will have an applicant/jurisdiction aggregate project funding limit of $250,000. Eligible projects must use a minimum of 1,250 tons of RAC. Staff has identified 12 sections of streets for the National City Street Resurfacing Project Fiscal Year 2006-2007 which will utilize 2,550 tons of RAC for their overlay. Engineering Staff recommends that this SB 369 Rubberized Asphalt Concrete Use Grant Program Resolution be adopted and the application submitted. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPLY FOR A GRANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD IN THE AMOUNT OF $250,000 FOR THE USE OF RUBBERIZED ASPHALT CONCRETE, AND AUTHORIZING THE CITY ENGINEER TO SIGN THE APPLICATION AND ADMINISTER THE GRANT WHEREAS, Public Resources Code Section 42872.5 allows California Integrated Waste Management Board (CIWMB) to award grants to public entities for funding of public works projects that use rubberized asphalt concrete (RAC); and WHEREAS, the CIWMB has been delegated the responsibility for the administration of the RAC grant program, and to develop procedures governing applications submitted by local governments under the program; and WHEREAS, procedures established by the CIWMB require the applicant to certify, by resolution, approval of the application before submission of said application to the State; and WHEREAS, if awarded a grant, the applicant will enter into a grant agreement with the State of California for development of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of an application to the CIWMB for a Rubberized Asphalt Concrete Use Grant for Fiscal Years 2006-2011. The City Engineer or his designee, is hereby authorized and empowered to execute in the name of the City of National City all necessary applications, contracts, agreements, amendments and payment requests hereto for the purpose of securing grant funds and to implement and carry out the purposes specified in the grant application. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE 02/06/07 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Lease Agreement Between the City of National City and American Medical Response to Lease Space for One Ambulance and Two American Medical Response Paramedics at Station #31 (2333 Euclid Avenue) for $23,580 Annually per this Lease Agreement PREPARED BY Donald Condon, EXPLANATION Battalion Chief, 336-4552 DEPARTMENT Fire The City on July 1, 2006 entered into an agreement with American Medical Response (AMR) to provide Advance Life Support (ALS) ambulance service to the residents and visitors of National City. To facilitate ambulance service in District 34, AMR requested approval through a lease agreement between the City of National City and American Medical Response to house AMR ambulance unit #417 at Fire Station #34 (343 East 16th Street). This lease was approved by City Council on August 7, 2006. AMR operates two ALS ambulances within National City. AMR, under our previous agreement, has been housing ambulance unit #418 at Fire Station #31 (2333 Euclid Avenue). AMR is requesting authorization under a new lease agreement to continue to house ambulance unit #418 at Fire Station #31 (2333 Euclid Avenue). Environmental Review N/A Financial Statement The lease agreement will generate $23,580 annually. Funds will be posted in the Fire Department's EMT-D fund to support the Department's emergency medical services. Account No. STAFF RECOMMENDATION Authorize Staff to implement the lease agreement between the City of National City and American Medical Response. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Lease Agreement 2. Resolution. Resolution No. A-200 (9180) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE IN THE AMOUNT OF $23,580 TO LEASE SPACE FOR ONE AMBULANCE AND TWO AMERICAN MEDICAL RESPONSE PARAMEDICS AT FIRE STATION NO. 31 LOCATED AT 2333 EUCLID AVENUE WHEREAS, on July 1, 2006, the City entered into an Agreement with American Medical Response (AMR) to provide Advance Life Support (ALS) ambulance service to the residents and visitors of National City; and WHEREAS, to facilitate ambulance service, the City entered into a Lease Agreement with AMR on August 7, 2006, to house AMR ambulance Unit No. 417 at Fire Station No. 34 located at 343 East 16th Street; and WHEREAS, the National City Fire Department and AMR desire to enter into a Lease Agreement for the housing of ambulance Unit No. 418 at Fire Station No. 31 located at 2333 Euclid Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease Agreement between the City and American Medical Response in the amount of $23,580 to lease space for one ambulance and two AMR paramedics at Fire Station No. 31 located at Euclid Avenue. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE This Lease is made and entered into this 16th day of January, 2007, by and between the City of National City, hereinafter, ("Landlord") and American Medical Response Ambulance Service, dba American Medical Response (hereinafter, "Tenant"). 1. Lease. In consideration of the rent and other payments and covenants of Tenant hereinafter set forth, and upon the following terms and conditions, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those positions of the building (the "Building") as identified by the Landlord and all other improvements now or hereafter located thereon, located at 2333 Euclid Avenue, National City, CA (Said Building and other improvements being hereinafter sometimes collectively referred to as the "Leased Premises"), all as shown as the attached Exhibit "A", which is incorporated herein by reference. 2. Term. The minimum Term. of the Lease shall be for a period of one (1) year, pommencing on January 16, 2007 (the "Commencement Date"). Upon expiration of the initial Term, this lease shall continue month to month on the same terms and conditions as set forth herein, terminable by either party upon thirty (30) days' written notice to the other party. 3. Use of the Premises. Tenant may use the Premises to house a medical transportation business, and for any other uses permitted by law. Tenant employees must abide by Landlord policies, procedures and regulations. 4. Rent. Tenant covenants and agrees to pay Landlord as rent for the Premises during the Term the sum of $1,965.00, payable monthly in advance on the first day of each month commencing on the Commencement Date (or appropriate pro rata proportion thereof for any portion of a month at the beginning or end of the Term). Beginning with the first anniversary of the Commencement Date, the Rent paid shall be increased by five percent (5%) each year. All rental payments shall be made to Landlord at its address set forth in Section 28 below, or such other address as Landlord may hereafter designate in writing to Tenant. 5. Indemnity and Insurance. Disclaimer of Liability. Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises except to the extent caused by Landlord's negligence or willful' misconduct. Property: NCFD Station 34 Page 1 Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response Indemnification. Tenant shall, at its sole cost and expense, defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: Any and all liability, obligation, damages, penalties claims, lien, costs, charges, losses and expenses including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with the Tenant's construction, installation, operation, maintenance, use, or condition of the Leased Premises caused by Tenant or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Tenant's obligations to indemnify indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willfull misconduct of one of more indemnitees. c. Assumption of Risk. Subject to Landlord's obligation to indemnify Tenant for Hazardous Materials as set forth in Paragraph 26 herein, Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risks of dangerous conditions, if any, on or about the Leased Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim .asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person (other than from Indemnitee's gross negligence or willful misconduct) arising out of the Tenant's installation, operation, maintenance, condition or use of the Leased Premises, Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Landlord. In the event any action or proceeding shall be brought against the Landlord by reason of any matter for which the Landlord is indemnified hereunder, Tenant shall, upon notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Landlord without written consent of Landlord and provided further that Landlord shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Tenant. c. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencements of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 2 Lease Agreement between City of National City and American Medical Response £ Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and affect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. ii.. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or accidental to the installation of improvements. Upon completion of the installation of the improvements, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Leased Premises. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vi. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vii. Tenant shall furnish certificates of insurance to Landlord before commencement of the Lease term. Property: NCFD Station 34 Page 3 Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response g. Named Insureds. All policies, except for worker's compensation policies, shall name Landlord and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). h. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Landlord annually during the term of the Lease.. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. J• Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: "At least thirty (30) days' prior written notice shall be given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the lease." Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurer's licenses to do business by the State of California or surplus carriers on the State of Califomia Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Landlord's Risk Manager. k. Deductibles. Tenant agrees to indemnify and save harmless Landlord, the indemnitees and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to be carried by Tenant. If landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. 6. Utilities and Services. Monthly rent is inclusive of all utilities with the exception of Cable Television. Landlord shall pay direct to the public utility company providing all Property: NCFD Station 34 Page 4 Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response services and utilities provided to the Premises and separately metered or sub -metered, including without limitation, water, electricity, gas, sewer service and local telephone service. 7. Taxes. Tenant recognizes and understands that this Lease may create a possesory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesory interest in the Leased Premises. 8. Representations and Warranties of Landlord. Landlord represents and warrants to Tenant that: (i) Landlord (a) has power adequate for the execution, delivery and performance of its obligations under this Lease; (b) has taken all necessary action required to make this Lease the valid and enforceable obligation it purports to be; (ii) this Lease has been duly executed and delivered by Landlord; (iii) the structural support elements of the Building and the nonstructural components of the Building, including, without limitation, the mechanical systems, plumbing, lighting, air conditioning, ventilation, electricity, walls (interior and exterior), foundation, ceilings, roofs (interior and exterior), floors, windows, doors, landscaping, driveways, parking lots, heating and loading doors of the Building shall, on the Commencement Date, be in good repair and operating condition and comply in all material with respects with all applicable laws, ordinances and regulations; and (iv) applicable laws, ordinances, regulations and restrictive covenants permit the Premises to be used for a medical transportation business. 9. Repairs and Maintenance. From and after the Commencement Date and during the Term, Tenant shall, at its own cost and expense, make interior nonstructural repairs, replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted. From and after the Commencement Date and during the Term, Landlord shall, at its own cost and expense, make all necessary repairs, replacements and renewals, interior and exterior, structural and nonstructural to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building in good and sound condition; and (ii) keep all electrical, mechanical, heating, ventilating and air conditioning, plumbing and any other systems serving the Building and the driveways, sidewalks, parking areas, sprinklers and other improvements on the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put. 10. Alterations by Tenant; Signs. Tenant shall not make, or permit to be made, any major structural alterations, additions, or improvements to the Premises, except with the prior written consent of Landlord, provided that such structural alterations, additions or improvements do not adversely affect the Premises or the value thereof. 'Tenant agrees that no sign, advertisement or notice shall be inscribed, painted, or affixed on or to any part of the outside of the Leased Premises without the prior written consent of the Landlord. Property: NCFD Station 34 Page 5 Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response 11. Landlord's Access. Tenant agrees to permit Landlord or its authorized representatives to enter the Premises at all times with the exception of dormitory rooms during normal sleep times (except in the case of an emergency) for the purposes of inspecting the same, repair and, within a period commencing 3 months prior to the expiration of the term if no notice of renewal has been given to Landlord by Tenant, of exhibiting the same to prospective tenants; provided, however, that in connection with the exercise by Landlord of its right of access hereunder, Landlord shall use all reasonable efforts to minimize any interference with the conduct of business at the Premises by Tenant. 12. Condemnation. In the event that all or part of the Leased Premises or any interest of Tenant in the Leased Premises is taken by eminent domain by the City of National City or any other governmental agency, quasi -governmental agency or other public body thereby making it physically or financially unfeasible, as determined by Tenant in its sole discretion, for the Leased Premises to be used in the manner it was intended to be used by Tenant under this Lease Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall not be entitled to any portion of the award paid for the taking, (except for personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages awarded as compensation for diminution in value of the leasehold or to the Landlord's Property shall belong to the Landlord. If only a portion of the Leased Premises is taken by eminent domain, and Tenant elects not to terminate this Lease under this provision their rental payments provided under this Lease shall be reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 13. Landlord's Covenant of Quiet Enjoyment; Title. Landlord covenants that it has good and clear record and marketable title to the Premises and that Tenant, upon paying the rent and performing and observing all of the other covenants and provisions hereof, may peaceably and quietly hold and enjoy the Premises for the Term as aforesaid, subject, however, to all of the terms and provisions of this Lease. 14. Tenant's Obligation to Quit. Tenant shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Landlord the Premises and all improvements, buildings and fixtures hereon or constituting a part thereof and any replacements or renewals thereof in as good condition, order and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use and damage by fire or other casualty only excepted. Notwithstanding the foregoing, Tenant shall have the right at the expiration of earlier termination of the Term to remove from the Premises Tenant's trade fixtures, equipment and personal property, provided that Tenant repairs any damage caused by such removal. Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 6 Iease Agreement between City of National City and American Medical Response 15. Transfers of Tenant's Interest. Tenant shall not assign its interest in this Lease or sublease all or any part of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may without either notice to or the consent of Landlord, assign this Lease to a successor corporation or entity in connection with any merger, consolidation, reorganization or other corporate restructuring of Tenant, or any sale of all or substantially all of the stock or assets of Tenant, provided only that the successor corporation or entity acquiring Tenant's stock or assets agrees to be bound by all of the terms and provisions of this Lease for the benefit of Landlord. 16. Transfers of Landlord's Interest. Landlord may sell, mortgage or further encumber its interest in the Premises provided that any such sale, mortgage or further encumbrance shall be subject to Tenant's interests under and pursuant to this Lease. 17. Tenant's Default; Landlord's Remedies. If Tenant shall default in the payment of any rent and such default shall continue for fifteen (15) days after written notice to Tenant from Landlord of such default; or if Tenant shall default in the observance of any of the other covenants contained in this Lease and on Tenant's part to be performed or observed and shall fail, within thirty (30) days after written notice to Tenant from Landlord of such default, to cure such default (or, if such default is not susceptible of cure within thirty (30) days, to commence such cure within said thirty (30) day period and thereafter to pursue such cure to completion); or if the estate hereby created shall be taken on execution, or by other process of law; or if Tenant shall be found by a court of competent jurisdiction to be bankrupt or insolvent, then and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter while the situation still exists, enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord's former estate, and expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry as aforesaid this Lease shall terminate. In the event of any such termination or repossession, Tenant shall pay to Landlord, in advance on the first day of each month, for what would have been the entire balance of the Term, one -twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the rent and all other amounts for which Tenant is annually obligated hereunder, less, in each case, the actual net receipt by Landlord by reason of any good faith reletting of the Premises. 18. Estoppel Certificates. Landlord and Tenant hereby agree from time to time, and each upon not less than ten (10) days' prior written notice from the other, to execute, acknowledge and deliver, without charge, to the other part, or any other person designated by the other party, a statement in writing certifying: that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof); that to the knowledge of such party there exists no defaults (or if there be any defaults, specifying the same); the amount of the rcnt, the dates to which the rent and other sums and charges payable Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 7 Lease Agreement between City of National City and American Medical Response hereunder have been paid; and that such party to its knowledge has no claims against the other party hereunder except for the continuing obligations under this Lease (of if such party has any such claims, specifying the same). 19. Bind and Inure. All of the covenants and agreements set forth herein shall be considered as running with the Land and shall extend to, bind and inure to the benefit of Landlord and Tenant, which terms as used in this Lease shall include their respective successors, and where the context so admits, assigns. 20. Captions. The captions used herein are provided for reference only and they do not constitute a part of this Lease or any indication of the intentions of the parties hereto. 21. Integration. The parties acknowledge that all prior written and oral agreements between them and all prior representations made by either party to the other with respect to the subject matter hereof have been incorporated into this instrument or otherwise satisfied prior to the execution hereof. 22. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. This Lease shall be construed in accordance with the domestic substantive laws of the State of California without giving effect to any choice or conflict of laws. 23. Notice of Lease. The parties hereby agree, at the request of either, to execute, acknowledge and deliver in recordable form a notice of lease and such other notices as may from time to time be necessary for the protection of any interest of Landlord or Tenant. 24. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 25. Compliance with Laws and Regulations. Tenant shall, at its own cost and expense, comply with all applicable laws, ordinances, rules and regulations of governmental. authorities ("Applicable Laws"): (i) regarding the physical condition of the Premises, but only to the extent the Applicable Laws pertain to the particular manner in which Tenant uses the Premises; or (ii) that do not relate to the physical condition of the Premises but relate to the lawful use of the Premises and with which only the occupant can comply, such as laws governing maximum occupancy, workplace smoking and illegal business operations, such as gambling. 26. Hazardous Substances. Tenant shall indemnify, protect and hold harmless Landlord and each of its respective subsidiaries from and against all costs and damages incurred by Landlord in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 8 Lease Agreement between City of National City and American Medical Response substances on, within, or to or from the Premises as a result of (i) the operations of the Tenant after the Commencement Date, and (ii) the activities of third parties affiliated with Tenant or invited on the Premises by Tenant. Landlord shall indemnify, protect and hold harmless Tenant and each of its respective subsidiaries and affiliates from and against all costs and damages incurred by Tenant in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Premises as a result of (i) any activity or action by any party prior to the Commencement Date; (ii) the condition of the Premises prior to the Commencement Date, including any future manifestations of such conditions; or (iii) the activities of Landlord or the activities of any third party not affiliated with Tenant and not invited on the Premises by Tenant. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any hazardous substance or environmental law of which such party has actual notice. 27. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Commencement Date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not be liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 28. Authority to Bind Tenant. Tenant represents and warrants that it has the full right, power and authority, acting through its designated representatives, to execute this Lease. 29. Recordation. This Lease may be recorded. 30. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to be given when delivered in fully legible form with a copy by certified mail, return receipt requested. Notices shall be addressed to Landlord or Tenant at is address set forth above and with copies to: In case of Landlord: In case of Tenant: Fire Chief National City Fire Department 140 East 12th Street, Suite A National City, CA 91950-3312 Lou Meyers CEO, Northern Pacific Region American Medical Response 7575 Southfront Road Livermore, CA 94554-8226 Property: NCFD Station 34 Page 9 g Lease Agreement between City of Located at 2333 Euclid Avenue National City and American Medical Response Either party may change the address to which notices are to be sent to it by providing notice of same to the other party in accordance with the provisions of this Section. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed under seal as of the date first above written. CITY OF NATIONAL CITY AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Property: NCFD Station 34 Located at 2333 Euclid Avenue Page 10 ou eyer, ViceP.-sisent lease Agreement between City of National City and American Medical Response NCFD Fire Station 31 2333 Euclid Avenue NCFD u AMR Bedroom sty AMR Storage Tx12' NCFD Fire Station AMR Office Space _J Exhibit "A" AMR Bathromn 1I AMR Bedroom Apparatus Floor AMR Ambulance Parking NCFD Engine 31 North ADDENDUM Rent payments for Station 31, located at 2333 Euclid Avenue, National City, California are to go into affect as of July 1, 2007. Due to rental prepayments by American Medical Response, the first rental payment per this agreement for Station 31 to be transmitted to National City Fire Department prior to July 1, 2007. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 8 ITEM TITLE Resolution Approving a Tentative Parcel Map for the Division of an Approximately 24,121 Square -Foot Lot into Four Parcels with Exceptions for Less Than Required Lot Size and Street Frontage and a Zone Variance for Less Than Required Minimum Garage Width at 839 East 2nd Street. PREPARED BY Martin',,1Zeeder 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the January 9, 2007 public hearing. As part of the approval, the Council added another condition (number 29) requiring the creation of a maintenance agreement for the access easement for the proposed new lots. The attached resolution is needed to follow through on the action. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. 7\, BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF AN APPROXIMATELY 24,121 SQUARE FOOT LOT INTO FOUR PARCELS WITH EXCEPTIONS FOR LESS THAN REQUIRED LOT SIZE AND STREET FRONTAGE AND A ZONE VARIANCE FOR LESS THAN REQUIRED MINIMUM GARAGE WIDTH AT 839 EAST 2ND STREET APPLICANT: REUDIGER THIERHOFF CASE FILE NO. LS-2006-/Z-2006-6 WHEREAS, application was made for approval of a tentative parcel map for the division of an approximately 24,121 square -foot lot into four parcels with exceptions for less than required lot size and street frontage and a zone variance for less than required minimum garage width at 839 East 2nd Street, on property generally described as: The easterly 85 feet of the westerly 349 feet of the southerly half of 20-acre Lot 1 in Quarter Section 131 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the Recorder of said San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearing held on November 6, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on January 9, 2007, 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. LS-2006-6 and Z-2006-6 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves the tentative parcel map for the division of an approximately 24,121 square -foot lot into four parcels with exceptions for less than required lot size and street frontage and a zone variance for less than required minimum garage width at 839 East 2nd Street, subject to the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will create three additional homeownership opportunities, and since there are no applicable specific plans. Resolution No. 2006 — February 6, 2007 Page 2 2. The site is physically suitable for the proposed type of development, since four single- family homes can be located on level building pads on the site with a moderate amount of grading. 3. The site is physically suitable for the proposed density of development, since the overall density of the four proposed Tots (7.2 units/acre) is consistent with the General Plan. 4 The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no native habitat or bodies of water on the previously developed 24,121 square foot property, which is located in a fully urbanized area. 5. The design of the subdivision and the proposed/required, improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF EXCEPTIONS FOR LESS THAN REQUIRED STREET FRONTAGE AND LOT SIZE 1. The property to be divided is of such size, shape and configuration that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the placement of the existing home and the applicant's desire to preserve existing mature trees limits adequate building separation opportunities between the proposed homes, and since the high quality architecture allows each new home to fit optimally into its own individual lot sous to reduce impact to neighboring properties. Resolution No. 2006 — February 6, 2007 Page 3 2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity,since adequate access to the street will be provided for all three rear lots, and since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since there is an existing 12-unit apartment complex adjacent to the property which enjoys a significantly higher density than what is being proposed. 3. Granting of the exception is in accordance with the intent and purposes of this tide, and is consistent with the General Plan and with all applicable specific plans or other plans of the City, since the proposal will create additional homeownership opportunities and provide housing suitable for larger families, and since there are no applicable specific plans. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1 That because of special circumstances applicable to the property, including size, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the size and quantity of mature trees on the property — the retention of which is encouraged by the Land Use Code — is such that providing the required garage width is not possible, and since the applicant is wishes to maximize the amount of landscape and passive recreation area — also encouraged by the Land Use Code. 2. That the requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since other residential properties in the immediate area and under the Residential Single -Family zone do not meet garage width requirements as specified by Title 18 (Zoning) of the Municipal Code. 3. That the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since two -car garages accessory to a single-family home are a permitted use in the Single -Family Residential Extendible zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative parcel map for the division of an approximately 24,121 square -foot lot into four parcels with exceptions for less than required lot size and street frontage and a zone variance for less than required minimum garage width at 839 East 2nd Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Zone Variance authorizes the division of one 24,121 square foot property into four lots, one with an existing single-family home to remain and three to be developed with a single-family home. Except as required by conditions of Resolution No. 2006 — February 6, 2007 Page 4 approval, all plans submitted for permits associated with the project shall conform with Exhibits A -Revised and B, Case File No. LS-2006-6/Z-2006-6, dated September 14, 2006 and August 2, 2006. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. 4. 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. 5. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 6. All surface run-off, shall be collected by approved drainage facilities and directed to the street. Adjacent properties shall be protected from surface run-off resulting from this development. 7. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. Resolution No. 2006 — February 6, 2007 Page 5 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 9. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering. Department requirements. 10. 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. 11. 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. 12. 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. 13. The parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 14. 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. 15. Separate water and sewer laterals shall be provided to each parcel. 16. 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. 17. The creation of an easement for ingress and egress and for public utility maintenance to and from parcel 2, 3 and 4 across parcel 1 from 2nd Street will be required. The easement shall be created on the final map. Resolution No. 2006 — February 6, 2007 Page 6 18. The final map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 21. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 22. Fire Department access will be required. Minimum roadway width to be 20 feet with a minimum vertical clearance of 13 feet 6 inches. Approved turnaround will be required 23. Approved automatic fire sprinkler system may be used in lieu of providing the required turnaround. 24. No parking will be permitted within the common driveway area. 25. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 26. Before this Tentative Subdivision Map and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 27. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 6:00 p.m., unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. Resolution No. 2006 — February 6, 2007 Page 7 28. The deteriorated portions of the existing street improvements (sidewalk 5' and driveway 25') along the property frontages shall be removed and replaced. 29. The developer shall record a restrictive covenant approved by the City Attorney and enforceable by the City ensuring maintenance of the ingress and egress easement while such easement is in effect. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 26 PREPARED BY Dora Gallegos Finance DEPARTMENT Finance Department Tess E. Limfueco 619-336-4330 EXPLANATION Ratification of Warrant Register # 26 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: (pro Finan6e Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,209,761.61 BOARD / COMMISSION REC MMENDATI N Z 64, iLetidievA___ ATTACHMENTS ( Listed Below) Resolution No. Warrant Register is available for viewing in the City Clerk's office. A-200 (9/80) City of National City WARRANT REG ISTER ># 26 1/2/2007 PAYEE DESCRIPTION JOHN BURNHAM INSURANCE SVCS COMMERCIAL POLLUTION LIABILITY INS. ACEDO RETIREE HEALTH BENEFITS JAN'07 ADDICTION MEDICINE CONSULTANT MEDICAL SERVICES AIRGAS-WEST MOP 62683 - SWEEPER PARTS ALCEM FENCE CO., INC, LAS PALMAS POOL - GATE ALL AMERICAN SEWER TOOLS PSI LEADER HOSE W/FITTINGS ALLEN RETIREE HEALTH BENEFITS JAN'07 AMERICAN BACKFLOW SPECIALTI BACKFLOW TEST TREE RENTAL AMERICAN ROTARY BROOM CO., I SWEEPER REPAIRS AS NEEDED FOR FY07 AMERICAN TECHNOLOGIES, INC. LIAR CLAIM COSTS/DAVID VOIGT ARCO GASPRO PLUS FUEL FOR CITY FLEET AS NEEDED FOR ASIAN JOURNAL ADVERTISING/MARSHALL & CLERK AV GUYS ' AV SERVICES BLACKIE'S TROPHIES AND AWARDS MOP 67727 BRASS PLATE. BOOT WORLD BOYD BRUCE W MADISON C W REED JR CA ASSOC FOR PROPERTY & CALIFORNIA COMMERCIAL SECURI CALIFORNIA ELECTRIC SUPPLY CALIFORNIA POLICE EQUIPMENT CANINE TACTICAL SCHOOL CHELIUS MOP 64096 BOOTS - DELGADO RETIREE HEALTH BENEFITS JAN'07 RETIREE HEALTH BENEFITS JAN'07 RETIREMENT2000964-S90 JAN 2007 ADVANCE TUITION/APRIL FLORES HID PROXIMITY READER, SINGLE MOP 45698 - BALLASTS MOP 50746 POLICE EQUIPMENT ADV TUITION /MARCUS MACIAS REIMB/CONF EXP/CHELIUS A. CHK NO DATE AMOUN 212340 12/21/06 10,529.33 212341 1/2/07 160.00 212342 1/2/07 725.00 212343 1/2/07 171.09 212344 1/2/07 2,474.95 212345. 1/2/07 400.19 212346 1/2/07 125.00 212347 1/2/07 500.00 212348 1/2/07 1,787.80 212349 1/2/07 1,596.60 212350 1/2/07 18,326.91 212351 1/2/07 174.00 212352 1/2/07 580.63 212353 1/2/07 20.69 212354 . 1/2/07 105.57 212355 1/2/07 145.00 212356 1/2/07 140.00 212357 1/2/07 1,016.02 212358 1/2/07 25.00 212359 1/2/07 525.65 212360 1/2/07 916.49 212361 1/2/07 183.08 212362 1/2/07 250.00 212363 1/2/07 224.93 DICERCHIO DIRECT TV DIXIELINE LUMBER CO DIXIELINE LUMBER CO. DREDGE DURRA INK ESGIL CORPORATION EW TRUCK & EQUIPMENT CO. INC. EWERT, PHILLIP FEDEX FENTON FERNANDO FLORES GEORGE H WATERS NUTRITION CNT PROMOTIONAL ACTIVITIES GEORGE H WATERS NUTRITION CNT CATERING FOR INAUGTN CEREMONY ADV TUITION/FERNANDO & JOSSE ADV USER FEE/FERNANDO & JOSSE MOP 65179 GLOVE NITRILE RETIREE HEALTH BENEFITS JAN'07 CITY OF NATIONAL CITY CITY OF NATIONAL CITY CORPORATE EXPRESS CORPORATE EXPRESS REPLENISHMENT -DEC 06 PETTY CASH DEC 21, 2006 MOP 45704 PRINT CARTRIDGE OFFICE SUPPLIES CREST OFFSET PRINTING COMPANY POSTCARD INVITATIONS D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC DALEY & HEFT LLP DAPPER TIRE COMPANY DEFRATIS. DEPARTMENT OF TRANSPORTATIO NOVEMBER 2006 SERVICES DEPOSIT#I073 PIER 32 MARINA DEPOSIT#930 CYPRESS GLEN CONDOS DEPOSIT#1083 PLAZA BONITA MALL DEPOSIT#1083 PLAZA BONITA EXP LIAB CLAIM COSTS/JONAH V. SIMAC TIRES RETIREE HEALTH BENEFITS JAN'07 HIGHWAY LIGHTING FOR FISCAL YEAR DEVELOPMENT SVCS, DIV OF BLDG/ 2006 IBC BLDG PLANNING SEMINAR RETIREE HEALTH BENEFITS JAN'07 CABLE SERVICES FOR FY07 GOLDEN WEST COLLEGE GOLDEN WEST COLLEGE GRAINGER H AMILTON SHOP SUPPLIES MOP 45707'CAUTION TAPE RETIREE HEALTH BENEFITS JAN'07 MOP 46766 ENVELOPES PLAN CHECK SRVC 11/01/06 - 11/30/06 UNIT #114 (INVOICE #28339). RETIREE HEALTH BENEFITS JAN'07 TECH PERSONNEL SERVICES TRAVEL EXP/ASHLEY FENTON ADV SUBSISTENCE/FERNANDO V. ADV TRAV & SUBSIST/APRIL FLORES 212364 1/2/07 652.07 212365 1/2/07 171.35 212366 1/2/07 71513 212367 1/2/07 255.48 212368 1/2/07 108.75 212369 1/2/07 22,322.60 212370 1/2/07 2,632.50 212371 1/2/07 1,655. 80 212372 1/2/07 1,085.50 212373 1/2/07 900.00 212374 1/2/07 341.00 212375 1/2/07 726.06 212376 1/2/07 120.00 212377 1/2/07 5,228.60 212378 1/2/07 60.00 212379 1/2/07 70.00 212380 1/2/07 74.98 212381 1/2/07 174.08 212382 1/2/07 91.94 212383 1/2/07 250.00 212384 1/2/07 96.79 212385 1/2/07 1,95 0.00 212386 1/2/07 990.00 212387 1/2/07 _ 160.00 212388 1/2/07 21.23 212389 1/2/07 62.38 212390 1/2/07 1,560.00 212391 1/2/07 127.01 212392 1/2/07 496.70 212393 1/2/07 290.85 212394 1/2/07 272.00 212395 1/2/07 110.00 212396 1/2/07 2237-' 212397 1/2/07 100.00. HARRIS &'ASSOCIATES HOLLOWAY. HYDRO-SCAPE PRODUCTS INC. IDENTIX INC. INFRASTRUCTURE ENGINEERING INZUNZA JOSSE KIMBLE KOLANDA LEACH MACIAS MARTINEZ MATIENZO MCCABE MIRAMAR COLLEGE MONTGOMERY KONE,.INC. MORE DIRECT MURRAY, JOHN MYERS NAPA AUTO PARTS NATIONAL INTERSTATE INS CO. NAUTILUS GSA NEW FLYER PARTS NEXTEL COMMUNICATIONS NOSAL, WILLIAM A. OUCHI'S POWER EQUIPMENT PACIFIC AUTO REPAIR PARTS PLUS AUTOSTORE #713' PAUU PERRY FORD PERSONNEL CONCEPTS LTD POLICE EXEC RESEARCH FORUM POTTER POWERSTRIDE BATTERY CO INC DEPOSIT #962 - PRO SERVICES RETIREE HEALTH BENEFITS JAN'07 MOP 45720 - IRRIGATION FINGERPRINT TEST SUBMISSION DEPOSIT #1075 REIMBURSEMENT FOR TAXI / FOOD ADV TRAVEL/SUBSISTENCE-D LEACH RETIREE HEALTH BENEFITS JAN'07 RETIREE HEALTH BENEFITS JAN'07 ADV TRAVEL/SUBSISTENCE-D LEACH' ADV TRAVEL/SUBSISTENCE M MACIAS INAUGURATION CEREMONY CAKE RETIREE HEALTH BENEFITS JAN'07 RETIREE HEALTH BENEFITS JAN'07 ADV TUITION - D BAVENCOFF STATE CERTIFICATION -ELEVATORS PANASONIC MODEL #CF-WEB2732, CF-29 RETIREE HEALTH BENEFITS JAN'07 RETIREE HEALTH BENEFITS JAN'07 MOP 45735 CORE DEPOSIT AUTOMOBILE INSURANCES FOR FY07 NAUTILUS TREADMILL. BUS PARTS. AS NEEDED FOR FY07 TELEPHONE SERVICES FOR BUS RADIOS FC RETIREMENT SETTLEMENT JAN 2007 MOP 45740 - CHAIN GUARD VEHICLE 36J0 MOP 64946 - POLY V-BELT RETIREE HEALTH BENEFITS JAN'07 MOP 45703 - DIAGNOSTIC TEST LABOR LAW POSTERS : EMBERSHIP RENEWAL - POLICE RETIREE HEALTH BENEFITS JAN'07 MOP 67839 - BA FTERY 212398 1/2/07 1,481.38 212399 1/2/07 150.00 212400 1/2/07 74.37 212401 1/2/07 4.00 212402 1/2/07 712.52 212403 1/2/07 42.60 212404 1/2/07 1,612.00 212405 1/2/07 300.00 212406 1/2/07 135.00 212407 1/2/07 1,191.90 212408 1/2/07 468.00 212409 1/2/07 85.00 212410 1/2/07 100.00 212411 1/2/07 280.00 212412 1/2/07 78.00 212413 1/2/07 1,200.00 212414 1/2/07 2,276.14 212415 1/2/07 150.00 212416 1/2/07 140.00 212417 1/2/07 565.37 212418 1/2/07 15,039.15 212419 1/2/07 4,208.00 212420 1/2/07 59.31 212421. 1/2/07 583.72 212422 1/2/07 956.73 212423 1/2/07 187.29 212425 1/2/07 3,250.64 212426 1/2/07 27.65 212427 1/2/07 340.00 212428 1/2/07 80.00 212429 1/2/07 287.43. 212430 1/2/07 300.00 212431 1/2/07 150.00 212432 1/2/07 322.15 PRUDENTIAL OVERALL SUPPLY PSECO INC. PUBLIC EMP RETIREMENT SYSTEM RAY ALLEN MFG INC RAY RUIZ SAN DIEGO MIRAMAR COLLEGE SBC SHORT, CRAIG SOUTHWEST SIGNAL SERVICE, INC. ST BERNARD SOFTWARE STARTECH COMPUTERS STATE OF CALIFORNIA STUART PARKS FORENSIC ASSOC SUN BADGE COMPANY INC. THE LIGHTHOUSE, INC. TRANS -LUX FAIRPLAY TURF MAKER UNIFIRST VALLEY INDUSTRIAL SPECIALTIES VOIGT W.W. GRAINGER, INC. WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZIETLOW, DAVID ASSOCIATED TOWING BAYSHORE TRANSIT MGMT INC CINTAS FIRST AID & SAFETY FLEET SERVICES, INC PITNEY BOWES CREDIT CORP PRINCIPAL FINANCIAL GROUP SCHOLASTIC SPORTS INC SOUTH COAST MEDICAL CLINIC TARULLI TIRE SAN DIEGO INC MOP 45742 - UNIFORMS - PARKS BUS WASH PARTS & REPAIRS NEEDED FOR SERVICE PERIOD 12-06-4 SYNTEK 16" L X 2-1/2" DIAMETER ULTRA RETIREE HEALTH BENEFITS JAN'07 RETIREE HEALTH BENEFITS JAN'07 ADV TUITION - C MILLER TELEPHONE SERVICES FOR FY07 RETIREE HEALTH BENEFITS JAN'07 NOVEMBER STATEMENT 2 YEAR WARRANTY. QUOTE #56557 DATED MOP 61744 - SCANDISK WC CLAIM COSTS ADV TUITION-D LEACH MOP 45761 SLIMLINE CASES MOP 45726 WORKLAMP SCOREBOARD (FOR CAMACHO REC CENTEI PARK PATROL LITTER TOOL PP32 MAINTENANCE LAUNDRY SERVICE FOR FY MOP 46453 - BACKFLOW LIABILITY CLAIM FOR VOIGT SHOP SUPPLIES MOP 63850 - HOSE REPAIR MOP 45763 - BATTERY RETIREE HEALTH BENEFITS JAN'07 TOWED BUS # 6016 BACK TO NCT PAYROLL FOR CHECK DATED 12/29/06 00120 1 CABINET ORGANIZED 1 MI 3559568K UNLOADER KIT MAILING SYSTEM POSTAGE 401K- PAYROLL PPE 12/23/06 ADVERTISING DRUG SCREEN 14 - a,, 129:32 EACH. ORDER -LINE 212433 212434 212435 212436 212437 212438 212439 212440 212441 212442 212443 212444 212445 212446 212447 212448 212449 212450 212451 212452 212453 212454 212455 212456 212457 212458 212459 212460 212461 212462 212463 212464 212465 212466 1/2/07 58$.90 1/2/07 1,310.16 1/2/07 205,13206 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2107 1/2/07 1/2/07 1/2/07 1/2/07. 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1/2/07 1,245.17 190.00 310.00 26.00 396.46 300.00 11,870.41 4,356.86 49.25 20,579.68 650.00 364.07 66.50 8,630.00 325.84.. 74.19 670.61 2,204.95 225.94 101.55 9.79 150.00 1,080.00 53,569.39 134.68 520.33 141.00 2,778.95 199.00 319.00 4,241.51 Total 444,655.70 Workers compensation checks 12543 12/20/06 83.94 12544 12/20/06 26.22 12545 12/20/06 621.81 12546 12/20/06 83.94 12547 12/20/06 47.97 12548 12/20/06 802.61 12549 12/20/06 920.00 12550 12/20/06 159.44 12551 12/20/06 107.80 12552 12/20/06 273.39 12553 12/20/06 309.38 12554 12/20/06 83.94 12555 12/20/06 100.80 12556 12/20/06 206.71 12557 12/20/06 268.99 12558 12/20/06 520.22 12559 12/20/06 459.59 12560 12/20/06 1,680.00 12561 12/20/06 ' ' 400.00 12562 12/20/06 791.48 12563 12/20/06 400.00 12564 12/20/06 1,392.32 12565 12/20/06 ' 255.55 12566 12/20/06 400.00 12567 ' 12/20/06 440.00 12568 12/20/06 ' 370.00 12569 12/20/06 6,655.00 12570 12/20/06 1,071.18 12571 12/20/06 - 440.00' 12572 12/20/06 709.02 12573 12/20/06 ' 32.30 12574 ' 12/20/06 440.00 12575 12/27/06 324.71 12576 12/27/06 83.94 12577 12/27/06 148.48, ` 12578 12/27/06 229.43 12579 12/27/06 86.60 12580 12/27/06 180.67 12581 12/27/06 552.79 12582 12/27/06 3,995.00 12583 12/27/06 35.70 12584 12/27/06 85.58 12585 12/27/06 1,297.37 12586 12/27/06 314.29 12587 12/27/06 11.69 12588 12/27/06 301.76 12589 12/27/06 239.14 12590 12/27/06 11.57 Total 28,452.32 PAYROLL Pay period 293 Start Date 12/05/06 End Date 12/18/06 Check Date ;12/21/06 TOTAL $736,653..59 GRAND TOTAL $1,209,761..61 TRANSIT WARRANTS CHECKS 21248-212466 CKS 9 TOTAL '$91,836.01 City of National City, California COUNCIL AGENDA STATEMENT February 6, 2007 MEETING DATE AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER # 27 PREPARED BY DORA GALLEGOS FINANCE DEPARTMENT ?INANCE DEPARTMENT TESS E. LIMFUECO (0 9--336-4330 EXPLANATION Ratification of Warrant Register # 27 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: � Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 390,161.20 BOARD / COMMISSION REC9MMENDATJ,ON ATTACHMENTS ( Listed Below ) Resolution No. Warrant Register is available for. :dewing in the City Clerk's office. A-200 (9/80) Payee TOSCANO ACCOUNTEMPS ADLERHORSTINTERNATIONAL ARAKAWA HANGING SYSTEMS BEACON FIRE & SAFETY, LP COCKLIN COHEN COPY POST PRINTING CORPORATE EXPRESS CORTEZ COUNTY OF SAN DIEGO CPS HUMAN RESOURCE SERVICES DATA TICKET INC DEAN'S WEST COAST RADIATOR DIXIELINE LUMBER CO. DOKKEN ENGINEERING DREW EARLY CHILDHOOD MANUFACTUR) FEDEX FERGUSON ENTERPRISES, INC GEORGE H WATERS NUTRITION CN GIBBS GORMSEN APPLIANCE CO JIMENEZ JIMENEZ JOHN DEERE LANDSCAPES City of National City WARRANT REGISTER # 27 1/9/2007 Description RELOCATION/TEMP LODGING TEMP SRVCS M REBELEZ W/E 12/08/06 K9, TITLED RAIL, 6 FT, WALL MOUNTED RPLC CK#205789 - 9 EXTINGUISHERS OVER-PYMT OF PARKING CITATION RPLC CK#210948 - RFND DEV FEES 50 HEALTHY HOMES BROCHURES MOP #45704-OFFICE SUPPLIES REFUND CITATION DISMISSED MAIL PROCESSING SERVICES ENFORCEMENT OFFICER TESTING PARKING CITATION AUG 06 CLEAN AND REPAIR RADIATOR MOP #45707-MATERIALS & SUPPLIES PROF SRVCS NOV 21-30, 2006 REPLACE WARRANT# 33357 RUG, LOTS OF DOTS MAILING FEDEX ACCT# 1226-4490-1 PVC SCHBO SXSXS TEE LUNCH FOR BOARD / PANEL ED REIMBURSEMENT GRIDDLE THERMO PARTIAL REFUND OF DEV. FEES REFUND REQUEST MOP 69277 - BARK chk no 212467 212468 212469 212470 212471 212472 212473 212474 212475 212476 212477 212478 212479 212480 212481 212482 212483 212484 212485 212486 212487 212488 212489 212490 212491 212492 chk date amount 1/4/07 1/9/07 1/9/07 1/9/0.7 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 • 1/9/07. 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1,097.42 4,440.00 12,687.56 780.03 162.00 50.00 3,806.00 75.16 181.56 305.00 13,705.01 2,043.75 8,548.28 80.00 60.81 2,517.46 197.10 219.19 65.86 584.09 52.00 125.00 282.24 7,769.60 160.00 249.77 City of National City WARRANT REGISTER # 27 1/9/2007 Payee Description KAMAN INDUSTRIALTECHNOLOGI BALL BEARING FLANGE UNIT LEAGUE OF CA CITIES LEXIS-NEXIS LEXIS-NEXIS LEXIS-NEXIS LINCOLN EQUIPMENT INC. LOPEZ MAAC PROJECT METROCALL MINUTEMAN PRESS MORA MX LOGIC, INC NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NGUOI VIET NIXON-EGLI EQUIPMENT CO. OFFICE TEAM PARADISE VALLEY HOSPITAL PEACE OFFICERS RESEARCH RENEWAL OF CALPACS 2007 MUNI CODE PRINTED COPIES ONLINE CHARGE FOR NOV. 2006 CA UNANNODATED RULES PAMPHLET S157021-CPR TRAINING MANIKINS TRANSLATION SVC-12/19/06 SERVICE CALL METROCALL PAGING SVC MOP #47939 PETTY CASH FORMS ED.' REIMBURSEMENT ANTI-SPAM FILTER SVC FOR EMAIL. MOP #45735-SUPPLIES INSERT DRIVERS SEAT CUSHION NGUOI VIET ADVERTISING LATCH, WINDOW R TEMP SRVCS HARROD J W/E 12/01/06 HEALTHY HOMES-SEPT 06 PORAC/PEACE OFFICER RESEARCH PERRY FORD LABOR - FRONT END PRUDENTIAL OVERALL SUPPLY MOP #45742-LAUNDRY PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 1-07-3 RACHAEL AVE PARTNERS RODRIGUEZ S.D. COUNTY SHERIFFS DEPT. SAN DIEGO AREA CHAPTER ICC. SCHMIDT REFUND DEPOSIT 0001020 ED. REIMBURSEMENT CAL -ID PROGRAM COSTS JUL-DEC 2006 2006 IBC BUILDING PLANNING SEM RPLC CK#21056- TRAVEL (AMERICORPS chk no chk date amount 212493 1/9/07 519.85 212494 1/9/07 200.00 212495 1/9/07 1,183.91 212496 1/9/07 132.91 212497 1/9/07 10.88 212498 1/9/07 2,248.18 212499 1/9/07 100.00 212500 1/9/07 108.00 212501 1/9/07 727.71 212502 1/9/07 83.17 212503 1/9/0755.00 212504 1/9/07 441.00`. 212505 1/9/07 262.82 212506 1/9/07 135.94 212507 1/9/07 50.00 212508 1/9/07 71.83 212509 1/9/07 1,270.50 212510 1/9/07 6,861.02 212511 1/9/07 80.00 212 512 1/9/07 1,818.30 212513 1/9/07 217.04 212514 1/9/07. 214,755.37 212515 1/9/07 12,180.00 212516 1/9/07 603.00 212517 1/9/07 8,953.00 212518 1/9/07 60.00 21251.9 ' 1/9/07 309.28 -; City of National City WARRANT REGISTER # 27 1/9/2007 Payee SDG&E SDSU RESEARCH FOUNDATION SILVA SMART & FINAL SMART & FINAL SPARKLETTS STRATACOM TETRA TECH ISG #1. TUCKER U.S. HEALTHWORKS U.S, HEALTHWORKS UNION TRIBUNE PUBLISHING CO UNITED PARCEL SERVICE VCA MAIN ST ANIMAL HOSPITAL WOOD & WOOD WOOD & WOOD WOOD & WOOD WOOD & WOOD WURBS BOOT WORLD DHL EXPRESS (USA) INC. MCDONALD TRANSIT ASSOC. INC. SPANKY'S, INC. UNIFIRST Description FACILITIES DIVISION GAS & ELECTRIC STUDENT INTERN PLACEMENT FEE 125 PLAN REIMBURSEMENT REFUND BANNER PERMIT ADMIN FEE MOP #45756-MISC SUPPLIES WATER FOR MAYOR & CITY COUNCIL MOP #63845 DEPOSIT #1090 PROF SRVCS 3055 E 20TH ST REFUND FOR OVER-PYMT PARKING MEDICAL SERVICES PRE -EMPLOYMENT PHYSICALS HOUSING INSPECTOR ADVERTISING UPS SHIPMENT K9 VET CARE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS TRAVEL EXPENSE SHOES. M. HERNANDEZ DHL SHIPPING SERVICES MANAGEMENT SRVCS DEC 2006 PORT -POTTY SERVICES MAINTENANCE LAUNDRY SERVICE chk no 212520 212521 212522 212523 212524 212525 212526 212527 212528 212529 212530 212531 212532 212533 212534 .212535 212536 212537 212538 212539 212540 212541 212542. 212543 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 1/9/07 chkdate amount 1/9/07 22,405.60 1/9/07 200.00 230.76 1,975.00 334.58 54.80 767.08 1,830.00 345.00 95.00 625.00 579.30 13.44 454.21 12,548.25 4,736.33 728.00 195.00 82.15 70.00 44.57 13,159.69 440.43 74.19 Workers compensation checks Total $ 375,671.98 12591 1/3/07 11.42 City of National City WARRANT REGISTER # 27. 1/9/2007 Payee Description chk no chk date amount 12592 1/3/07 220.57 12593 1/3/07 47.60 12594 . 1/3/07 60.27 12595 1/3/07 14.11 12596 1/3/07 337.65 12597 1/3/07 7,013.45 12598 1/3/07 57.00 12599 1/3/07 34.46 12600 1/3/07 180.67 12601 1/3/07 18.05 12602 1/3/07 132.00 12603 1/3/07 58.14':, 12604 1/3/07 170.43 12605 1/3/07 47.60 ' 12606 1/3/07 371.79 12607 1/3/07 724.29 12608 1/3/07 72.25 12609 1/3/07 122.19 12610 1/3/07 400.00 12611 1/3/07 200.00 12612 1/3/07 652.50 12613 1/3/07 400.00 126.14 1/3/07 400.00 12615 1/3/07 400.00 12616 1/3/07 1,071.18 12617 1/3/07 32.30 12618 1/3/07 214.50'` City of National City WARRANT REGISTER # 27 1/9/2007 Payee Description chk no chk date amount 12619 1/3/07 150.00 12620. 1/3/07 874.80 Total $ 14,489.22 Grand Total 390,161.20 Transit warrants Checks: 212539-212543 CKS 5 Total $ 13,788.88 5 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 6, 2007 AGENDA ITEM NO. 11 %ITEM TITLE Jurisdictional Urban Runoff Management Program 2005/2006 Annual Report Executive Summary PREPARED BY BarbaraTipton EXPLANATION DEPARTMENT Engineering EXT. 4383 The City prepares and submits to the San Diego Regional Water Control Board, an annual report on the implementation of its Jurisdictional Urban Runoff Management Program (JURMP). Attached is the executive summary of this report and our goals for this fiscal year. ( Environmental Review Financial Statement N/A N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Receive the report. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Jurisdictional Urban Runoff Management Program 2005/2006 Annual Report Executive Summary 2. JURMP Goals for FY 06-07 A-200 (Rev. 7/03) EXECUTIVE SUMMARY In February 2001, the San Diego Regional Water Quality Control Board (RWQCB) issued Order No. 2001-01, a National Pollutant Discharge Elimination System (NPDES) Permit regulating discharges to storm drain systems of the 18 cities of San Diego County, the County of San Diego, and the San Diego Unified Port District (collectively referred to a "Copermittees"). This order, generally referred to as the Municipal Permit, required each Copermittee, including the City of National City (City), to develop a comprehensive storm water management program known as a Jurisdictional Urban Runoff Management Program (JURMP). The City's JURMP includes storm water management strategies and protocols related to planning, construction, and existing developments. Major components include the implementation of Best Management Practices (BMP), water quality monitoring, and educational outreach efforts. Each fiscal year, the City prepares an annual report on the implementation of its JURMP, as required by Municipal Permit Section I.1. The following JURMP Annual Report presents the activities implemented during the 2005/2006 fiscal year (July 1, 2005 through June 30, 2006). A brief summary of each of the 14 sections of the Annual Report is presented below. Introduction The introduction presents an overview of the City's approach to storm water pollution prevention and further includes a bulleted summary of key accomplishments for the 2005/2006 reporting period. Municipal The City of National City invests significant resources in storm water management activities for its own facilities and staff. Prominent activities include regular maintenance of the storm drain system, sanitary sewer upkeep to prevent overflows, street sweeping, inspections of City facilities, education of City staff, and outreach to the public. The City removed 25,000 pounds of debris from storm drain clearing and 2,314 tons of material from street sweeping. All high priority municipal facilities were inspected, and follow-up inspections were conducted as necessary to ensure corrective actions were implemented. The City removed 55 cubic yards of trash and debris by hand from open channels throughout the City. City Staff are regularly reminded throughout their daily activities about storm water, BMPs, and good housekeeping. In particular, the City held three training sessions conducted for City staff, continued to hold SUSMP coordination meetings, and three City staff members including the City's Storm Water Inspector attended the California School of Compliance for further training. Additionally, the City developed a poster -sized 2006 "Save our Resources" Calendar which was provided to various City departments for display. Industrial/Commercial The City continued the ongoing process of prioritizing industrial and commercial businesses, updating both the JURMP inventories and the inspections database. During this reporting period, 65 complete industrial inspections and 98 full commercial inspections were conducted. A number of additional site visited not resulting in complete BMP CITY OF NATIONAL CITY 2005/2006 JURMP ANNUAL REPORT JANUARY 2007 assessments were also conducted. All high priority industrial facilities received inspection. The City continued to implement an innovative rating system to assess BMP implementation and storm water knowledge, and all available historical industrial monitoring data was collected and analyzed. The City's industrial/commercial inspection database was modified to allow entry of this data, which is linked to inspection records. Additional visits were also made to industrial and commercial sites when warranted by public complaints, and the City ensured that such complaints were resolved satisfactorily. The City issued 25 Notices of Violation (NOV) to non -compliant businesses, mainly as the result of complaint investigations. The City developed a poster sized 2006 "Save our Resources" calendar that was provided to businesses for display at their facility. The City further worked with the San Diego Green Business Program to provide an educational workshop for National City automotive repair businesses. Furthermore, the City's contractor, D-MAx, conducted a workshop for industrial businesses with information on BMPs, SWPPPs, and developing storm water monitoring programs. Residential Because residential areas comprise a large portion of National City, the City has pursued a number of efforts to educate and involve residents. The City also made the 2006 calendar available to residents. Residents of the City of National City, the City of Imperial Beach, and the City of Chula Vista utilize a common household hazardous waste facility. The total mass of household hazardous waste collected by all three cities during this reporting period was 160,000 pounds. Additionally, the City held two large item disposal events in conjunction with EDCO. The City maintained residential storm water awareness through educational materials, including flyers, pamphlets, key chains, and calendars, many of which were bilingual. Residents also made use of the City's Storm Water Hotline to report observed storm water problems, including those in residential neighborhoods. The City issued 14 NOVs, sent 14 corrective action letters, and gave numerous verbal warnings related to complaint investigations in residential areas. During this reporting period, the City offered a free storm water training session designed specifically for residential concerns such as BMPs for residential activities and where to dispose of household hazardous waste. Development Planning/Construction All development projects that will disturb soil are required to complete a Storm Water Requirements Applicability Checklist. The checklist helps determine requirements for post - construction BMP implementation and whether the project will be subject to the State General Construction Permit or General Industrial Permit. All checklists are forwarded to the Engineering Department to ensure consistency. All construction projects subject to the General Construction Permit submitted SWPPPs, which the City's consultant reviewed prior to issuing City permits for project construction. Twelve projects subject to the City's Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance were required to submit post -construction BMP plans, which were also reviewed. In many cases, the first submittals of SWPPPs and SUSMPs were found to not meet the City's requirements. Revisions and resubmittals were required until the documents met the City's requirements. The City regularly inspected active construction sites in its jurisdiction, including weekly inspections for high priority sites. Storm water complaints received about construction sites were also promptly investigated, and enforcement actions were taken where necessary. Ten stop work orders and 28 administrative citations were issued to contractors or developers. CITY OF NATIONAL CITY 2005/2006 JURMP ANNUAL REPORT JANUARY 2007 Illicit Discharge Detection and Elimination The main avenues through which illicit connections and illegal discharges (IC/ID) are detected are the Dry Weather Field Screening and Analytical Monitoring Program (Dry Weather Monitoring Program), the storm water hotline, and by observations made by City staff. Visual observations and field screening were conducted at 15 Dry Weather Monitoring Program sites, and water samples from over 25 percent of the sites underwent laboratory analysis for additional parameters. When routine monitoring found a parameter above its established action level, a follow-up source identification investigation was undertaken. Based on the results of the investigations, the City acted to eliminate the source(s) of pollution identified by these investigations. All 190 complaints received were documented and resolved by City staff. Five sewage overflows occurred; overflow was fully recovered in three of the instances. All overflows were promptly reported to the RWQCB and cleaned up, and no further action was needed. All IC/IDs detected in 2005/2006 were eliminated during the reporting period. Education/Public Participation The City's outreach efforts were estimated to have made over 129,000 impressions during the reporting period. The City conducted numerous training sessions, distributed a number of educational brochures and fact sheets, and continued to work with individuals in the City to ensure compliance with the Municipal Storm Water Ordinance. The City also collaborated with the other jurisdictions in the San Diego Bay Watershed, the EcoLife Foundation, and the San Diego Zoo to educate elementary students in the City through the Watershed Steward Program. The City participated in the Creek to Bay Cleanup Day in conjunction with ILACSD and the City conducted the Harbison Canyon Cleanup to aid residents in removing trash, debris, and potential pollutants from their private properties. Volunteers removed over 3,400 pounds of debris at these cleanup events. Assessment of JURMP Effectiveness The City has continued to evaluate its program using the same general approach jointly developed and implemented by all the San Diego Copermittees. The City has developed and implemented numeric scoring systems to evaluate BMP implementation and storm water knowledge. Fiscal Analysis Section 12 of this JURMP Annual Report presents information about the costs and funding of the City's storm water program. The 2005/2006 fiscal year expenditures were $950,000, and the proposed budget for the upcoming fiscal year is $940,000. Conclusions and Recommendations General conclusions and recommendations are presented in Section 14. Since the development of the JURMP, the City has continued to improve the planning and implementation of its program each year. During the 2006/02007 reporting period, the City will continue to make adjustments to its storm water management efforts. Assuming that the Municipal Permit is reissued prior to the end of 2006/2007, the City will also likely begin adjusting its program to comply with the requirements of the new Municipal Permit. CITY OF NATIONAL CITY 2005/2006 JURMP ANNUAL REPORT JANUARY 2007 CERTIFICATION STATEMENT I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Stephen M. • atrick City Engineer Date: January 2007 Telephone Number: (619) 336-4380 CITY OF NATIONAL CITY 2005/2006 JURMP ANNUAL REPORT JANUARY 2007 Jurisdictional Urban Runoff Management Program (JURMP) 2006/2007 Goals The City will continue efforts to refine programs already begun under the current Municipal Permit and adjusting its program in anticipation of that the Municipal Permit will be reissued with requirements not present in the current Order 2001- 01. The City has created a number of new programs and activities targeted at outreach to and involvement of residents and will continue along this path. This combination of creating new programs and refined implementation of existing programs is believed to be effective in reducing or eliminating pollutant runoff and will be continued. The City is also committed to developing and improving its data collection and assessment procedures. The City will continue to work with the other Copermittees toward the goal of crafting methods yielding clearer appraisals of program effectiveness. During the 2006/2007 reporting period, the City of National City plans the following: Municipal 1. The City will continue to implement its NPDES storm water program focused on education and pollution prevention during the next reporting period. 2. City maintenance activities will continue. 3. The Public Works Department plans to continue replacing current sprinkler heads with low volume sprinkler heads with in -line checks. These in -line checks will help with vandalism problems by preventing excessive runoff if the sprinkler head is broken. Additionally, drip irrigation is proposed for use at new facilities as well as native vegetation and drought resistant plants. 4. High priority municipal facilities will be inspected once during this reporting period as part of the annual inspection requirement. 5. The SWPPP created for the Public Works Yards will continue to be implemented and routine inspections will continue weekly at this location. 6. The City's NPDES .Storm Water Compliance Inspector will continue to provide educational training to Public Works Personnel. Commercial 1. The City intends to conduct inspections at any businesses that remain in the City's inventory that have not yet received inspection, as well as conducting complaint investigations and follow-up inspections as needed. The City will also continue to work to identify and inspect new high priority commercial facilities. New facilities will primarily be identified through SIC code -based searches of business license registry data. 2. Assessment measures such as PDPA and BMP and knowledge scoring will continue to be conducted during inspections. 3. The City plans to conduct storm water workshops for restaurants and automotive repair businesses in March 2007 and May 2007, respectively. 4. The City will continue to develop and distribute educational material tailored to the commercial sector in efforts to prevent storm water pollution through education. Industrial During the 2006/2007 reporting period, the City plans to again update its inventories by sorting the City's business license registry by SIC code. An electronic sort of the entire registry will be completed so as to review newly submitted businesses licenses to determine if new businesses need to be added to the lists of industrial businesses. Facilities with industrial SIC codes will be compared to the current industrial inventories, and those businesses not currently present will be added to the inventories. All businesses that this process identifies as potential new industrial sites will be inspected. Assessment measures such as PDPA and BMP and knowledge scoring will continue to be conducted during inspections. The City will also continue to update its inspection database. The City plans to hold an educational workshop for industrial businesses in April 2007. Residential 1. Continue the implementation of the Household Hazardous Waste Program, used oil collection program, large item drop off events, and the City's household waste collection events. 2. The City will prepare and distribute a 2007 calendar that willeption nn t general educational information on storm water p P both English and Spanish. The calendar will also provide the dates for upcoming training sessions. 3. The City will review recommendations of the completed 2006 Dry Weather Monitoring Program and identify neighborhoods contributing pollution. The City plans to distribute educational material to residents in. these neighborhoods either through mailing out educational materials or conducting door-to-door visits. They will also be invited to a residential storm water workshop that will be held in February 2007. 4. The City will continue to respond to storm water hotline public complaints related to residential areas, educating the public and taking enforcement actions as necessary. 5. The City plans to send out an article entitled "Do You Go to the Beach When it Rains?" in residential trash bills. Land Use & Development 1. Continue to conduct technical reviews of SUSMP projects to ensure feasibility of selected BMPs. 2. Conduct training on SUSMP for City staff. 3. Continue to provide education to project proponents through the pre - submittal application meetings. 4. Continue to have DSG meetings. 5. Continue regular SUSMP coordination meetings involving the City's Engineering, Planning, and Building departments. 6. Conduct a training session in January 2007 including information about regulations for new development and redevelopment projects. Construction 1. Continue conducting construction site inspections in compliance with the Municipal Permit requirements. 2. Continue reviewing SWPPPs according to Construction Permit guidelines, and generate technical comments for the developer to address prior to project commencement. 3. Continue training sessions focused on construction sites and storm water quality. 1-9 4. Continue to maintain and update the construction site inventory. 5. Continue to meet with developers and property owners as well as provide BMP manuals during these meeting or during a construction site inspection. 6. Continue to distribute the "Construction Site Best Management Practices" fact sheet to all project proponents. 7. Continue to use stop work orders as an effective means of enforcing BMP regulations. Jurisdictional Urban Runoff Management Program (JURMP) 2006/2007 Goals The City will continue efforts to refine programs already begun under the current Municipal Permit and adjusting its program in anticipation of that the Municipal Permit will be reissued with requirements not present in the current Order 2001- 01. The City has created a number of new programs and activities targeted at outreach to and involvement of residents and will continue along this path. This combination of creating new programs and refined implementation of existing programs is believed to be effective in reducing or eliminating pollutant runoff and will be continued. The City is also committed to developing and improving its data collection and assessment procedures. The City will continue to work with the other Copermittees toward the goal of crafting methods yielding clearer appraisals of program effectiveness. During the 2006/2007 reporting period, the City of National City plans the following: Municipal 1 The City will continue to implement its NPDES storm water program focused on education and pollution prevention during the next reporting period. 2. City maintenance activities will continue. 3. The Parks and Recreation Department plans to continue replacing current sprinkler heads with low volume sprinkler heads with in -line checks. These in -line checks will help with vandalism problems by preventing excessive runoff if the sprinkler head is broken. Additionally, drip irrigation is proposed for use at new facilities as well as native vegetation and drought resistant plants. 4. High priority municipal facilities will be inspected once during this reporting period as part of the annual inspection requirement. 5. The SWPPP created for the Public Works Yards will continue to be implemented and routine inspections will continue weekly at this location. 6. The City's NPDES Storm Water Compliance Inspector will continue to provide educational training to Public Works Personnel. Commercial 1. The City intends to conduct inspections at any businesses that remain in the City's inventory that have not yet received inspection, as well as conducting complaint investigations and follow-up inspections as needed. The City will also continue to work to identify and inspect new high priority commercial facilities. New facilities will primarily be identified through SIC code -based searches of business license registry data. 2. Assessment measures such as PDPA and BMP and knowledge scoring will continue to be conducted during inspections. 3. The City plans to conduct storm water workshops for restaurants and automotive repair businesses in March 2007 and May 2007, respectively. 4. The City will continue to develop and distribute educational material tailored to the commercial sector in efforts to prevent storm water pollution through education. Industrial During the 2006/2007 reporting period, the City plans to again update its inventories by sorting the City's business license registry by SIC code. An electronic sort of the entire registry will be completed so as to review newly submitted businesses licenses to determine if new businesses need to be added to the lists of industrial businesses. Facilities with industrial SIC codes will be compared to the current industrial inventories, and those businesses not currently present will be added to the inventories. All businesses that this process identifies as potential new industrial sites will be inspected. Assessment measures such as PDPA and BMP and knowledge scoring will continue to be conducted during inspections. The City will also continue to update its inspection database. The City plans to hold an educational workshop for industrial businesses in April 2007. Residential 1. Continue the implementation of the Household Hazardous Waste Program, used oil collection program, large item drop off events, and the City's household waste collection events. 2. The City will prepare and distribute a 2007 calendar that will present general educational information on storm water pollution prevention in both English and Spanish. The calendar will also provide the dates for upcoming training sessions. 3. The City will review recommendations of the completed 2006 Dry Weather Monitoring Program and identify neighborhoods contributing pollution. The City plans to distribute educational material to residents in these neighborhoods either through mailing out educational materials or conducting door-to-door visits. They will also be invited to a residential storm water workshop that will be held in February 2007. 4. The City will continue to respond to storm water hotline public complaints related to residential areas, educating the public and taking enforcement actions as necessary. 5. The City plans to send out an article entitled "Do You Go to the Beach When it Rains?" in residential trash bills. Land Use & Development 1. Continue to conduct technical reviews of SUSMP projects to ensure feasibility of selected BMPs. 2. Conduct training on SUSMP for City staff. 3. Continue to provide education to project proponents through the pre - submittal application meetings. 4. Continue to have DSG meetings. 5. Continue regular SUSMP coordination meetings involving the City'.s Engineering, Planning, and Building departments. 6. Conduct a training session in January 2007 including information about regulations for new development and redevelopment projects. Construction 1. Continue conducting construction site inspections in compliance with the Municipal Permit requirements. 2. Continue reviewing SWPPPs according to Construction Permit guidelines, and generate technical comments for the developer to address prior to project commencement. 3. Continue training sessions focused on construction sites and storm water quality. 11 4. Continue to maintain and update the construction site inventory. 5. Continue to meet with developers and property owners as well as provide BMP manuals during these meeting or during a construction site inspection. 6. Continue to distribute the "Construction Site Best Management Practices" fact sheet to all project proponents. 7. Continue to use stop work orders as an effective means of enforcing BMP regulations. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 12 /ITEM TITLE Public Hearing —Conditional Use Permit for a Wireless Communications Facility at-ss. 1526 East 18th Street. (Applicant: T-Mobile USA) (Case File CUP-2006-10) M2 PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on this item at their November 20, 2006 meeting, where the commissioners voted to deny the requested Conditional Use Permit. The findings for denial reference the close proximity of the facility to adjacent residences, among other concerns. The applicant appealed the Planning Commission decision to the City Council on December 19, 2006. The attached background report describes the proposal in detail. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission to deny the Conditional Use Permit. Rcfp BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt, Reynolds. Nays: Carrillo. Absent: DeLaPaz ATTACHMENTS ( Listed Below ) 1. Background Report — Including Findings and Conditions of Approval 2. Planning Commission Resolution No. 40-2006 3. Location Map Resolution No. 4. Existing Wireless Facilities and Map 5. Department and Agency Comments 6. Exemption 7. Correspondence 8. Photo Simulations 9. Application 10. Applicant's Plans A-200 (9/99) BACKGROUND REPORT The project site is a .28-acre parcel, on the southwest corner of Palm Avenue and East 18th Street, in the Limited Commercial (CL) zone. There are two commercial buildings - Gaspar Produce Market and Novedades Millan Gift Shop — and a parking lot in between the two, on the site. The lot has approximately 125 feet of street frontage on East 18th Street and 100 feet of frontage on Palm Avenue. The property has three or four mature trees of various varieties ranging in height from 10 to 25 feet. There are other commercial uses to the north and east across 18th Street and Palm Avenue, also in the CL zone, including 7-11, Farmer Market Grocery and El Pollo Amigo 2. There is residential development to the west and south in CL with RS-2 and RS-3-PD zoning beyond. The applicant is proposing to construct a 45-foot tall artificial pine tree (monopine), with twelve panel antennas, within a 300 square -foot fenced area (6 foot chain link). The proposal includes four equipment cabinets and associated telecommunications and electrical equipment within this 15-foot by 20-foot area. At the urging of staff, extensive landscaping has been proposed throughout the site in order to screen the facility. This includes trailing lavender to screen the 6-foot chain link fence, five (5) 36- inch box Aleppo Pine trees — two adjacent to the street and three adjacent to the proposed monopine, multiple shrub varieties in areas adjacent to street and faux pine, and Myoporum groundcover. An upgraded irrigation system is also proposed, as required by the City's Landscape Guidelines. While the monopine helps conceal the antennas, there are not very many existing trees of similar height in the nearby area to blend with the monopine, particularly along the 18`h Street right-of- way. As noted above, there are some trees adjacent to the market and along the street, but none are higher than 25-feet or so. There are two 50-foot high mature palms on private property about 150 to 200 feet west of the property. The proposed five Aleppo pines will help screen the monopine from the westbound I Street approach, which is where it will be most noticeable. In a 36-inch box, the proposed Aleppo pines should be around 12 feet high with a mature height of around 70 feet. The placement of one of the proposed pines involves the relocation of an overhead wire servicing the payphone on the property. The applicant has stated that the line will be placed underground, and a condition of approval has been included to this effect. The facility is intended to increase service to areas south and east of the site as well as Lincoln Acres area. It will be unmanned with one to two potential service trips per month. A coverage map, search ring and photo simulations are included with this application for your reference. Multiple pieces of correspondence have been received from interested parties; two letters in opposition to the project from residents of an adjacent property, and two petitions - also in opposition of the project— with a total of 98 signatures. Both are attached as part of this report. Fire and Engineering Department comments are attached and included as possible conditions of approval including a condition requiring the replacement of deteriorated and missing street improvements. The Planning Commission held a public hearing on November 20, 2006. Discussion focused on the proximity of the monopine to nearby residences and the elementary school, and the feasibility of locating the facility elsewhere. Several community members were in attendance at the meeting and expressed concerns about distance to homes, the absence of other pine trees in the area, and the lack of maintenance of the project property. The Commission voted to deny the application finding the proposal incompatible with the residential nature of the community, out of character with nearby landscaping and vegetation, and since there may be other comparable sites in the area that could accommodate such a facility. The Commission further found that the proposal would limit the opportunity for further redevelopment of the site. RECOMMENDED FINDINGS FOR APPROVAL That the site for the proposed use of the monopole and equipment shelter is adequate in size and shape, since the 300 square -foot lease area is a very small portion of the 0.28-acre commercially developed property, and since the wireless communications facility will be located in a landscaped area without affecting parking or access. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since both East 18th Street and Palm Avenue, collector streets, can easily accommodate the one to two monthly maintenance trips generated by the unmanned facility. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the artificial pine tree branches will adequately screen the twelve panel antennas, and the artificial character of the tree will not be highly noticeable, as it will blend in with nearby proposed trees in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the T-Mobile USA wireless communications network, resulting in enhanced service for its customers. RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes a wireless communications facility at 1526 East 18`h Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2"d Revision, Case File no. CUP-2006-10, dated 10/16/2006. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All wiring and cables between the equipment shelter, artificial pine tree or antennas, and any associated communications or electrical power supply shall be placed underground or within the fenced equipment area. 4. The proposed antennas and any other tree -mounted equipment (i.e.: TMA units) shall be painted to match the color of the monopine needles. 5. The monopine needles shall be of appropriate size and number to adequately screen the proposed antennas. Tree limbs shall protrude further from the trunk than the proposed antennas. 6. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 8. Prior to building permit for the cellular facility, the pole sign shall be removed or replaced in accordance with the City's Sign Code to the satisfaction of the Planning Director. 9. To ensure that the site landscaping is integrated throughout and that runoff is avoided, groundcover and irrigation shall be installed along the areas in front of the Gift Shop and along Palm Avenue. 10. Building plans shall show the under ground placement of the utility line servicing the payphone adjacent to the west side of the driveway from East 18th Street. 11. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 12. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 13. Exterior walls of buildings/poles/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 14. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 15. 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. 16. 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. If required, an approved SWPPP will be required prior to issuing of a construction permit. 17. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (25' of driveway). 18. 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. 19. Street improvements shall be in accordance with City Standards. All missing street improvements (gutter 90') shall be constructed. 20. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 21. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 22. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. RESOLUTION NO. 40-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR A WIRELESS COMMUNICATIONS FACILITY AT 1526 EAST 18TH STREET. APPLICANT: T-MOBILE USA CASE FILE NO. CUP-2006-10 WHEREAS, the Planning Commission of the City of National City, California considered a conditional use permit application for a wireless communications facility at 1526 East 18th Street (APN 561-222-23) at the public hearing held on November 20, 2006 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2006-10 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 20, 2006 fail to support findings, required by the Municipal Code for granting any conditional use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 20, 2006 supports the following findings: 1. That the site would have an adverse effect on adjacent properties since the proposed 45-foot tall antenna support structure would be situated within 1 5-feet from adjacent residential uses and the close proximity of the structure and equipment to the adjacent residences would impact the residential nature of the adjacent community. 2. That the site for the proposed antenna support structure and equipment enclosure is not adequate in size and shape, since the 300 square -foot fenced area for the equipment enclosure would remove an area available for landscaping and it would be located two feet from the southern property line adjacent to residential uses. 3. That the proposed use will have an adverse effect upon adjacent or abutting properties since the 45-foot tall antenna support structure in the form of a pine tree with twelve panel antennas would have an artificial appearance and would not blend with the nearby mature landscaping. 4. The proposed use has not been determined to be essential and desirable to the public convenience or welfare since it has not been documented that other sites have been explored that would provide comparable service. 5. The proposed use may limit the opportunity for future redevelopment of the site by restricting the area available for site improvements since a portion of the site would be committed to a long-term lease. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2006-10. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 4, 2006 by the following vote: AYES: Alvarado, Baca, Flores, Pruitt, Reynolds NAYS: Carrillo ABSENT: DeLaPaz ABSTAIN: l l 9u 92 z. CHAIRWOMAN SUBJECT PROPERTY CL r - ♦♦-A St RS-3-PD �g35 ZONE BOUNDARY — — — • LOCATION MAP Conditional Use Permit for a Wireless Communications Facility at 1526 East 18th Street CUP-2006-10 NATIONAL CITY PLANNING DRN. DATE: 10/4/06 INITIAL HEARING: 10/16/06 Q Facility # APN Location Provider Applicant/Consultant Name Case File No. 1 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna. 2 562-340-26 300 W 28th Street AirTouch Cellular/Cingular Wireless Cingular Wireless CDC Res. No. 94-28 75-foot monopole with three sector antennas and 450-sq foot equipment building. 3 556-471-24 801 National City Boulevard Nextel Communications Nextel Communications CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and equipment cabinet. 4 559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1995-11 Located on roof of existing building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services PacificBell Mobile Services CUP-1995-13 Located on roof of Quality Inn. PCS facility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet. Variance to exceed height limit. 7 556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 8 554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services CUP-1996-4 Located on roof of Paradise Valley Hospital. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 9 559-160-13 1022 W 24th Street GTE Mobilnet GTE Mobilnet CUP-1996-5 CDP-1996-3 Located on a 360-sq foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1996-6 Located on existing Super Saver building. PCS facility- six panel antennas and two equipment cabinets. 11 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services CUP-1996-7 Located atop the existing Plaza Bonita sign. PCS facility- three antennas and two equipment cabinets at base of sign. 12 554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular CUP-1996-8 60-foot high monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an equipment cabinet at base. 13 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and equipment cabinet one floor down from roof. 14 564-472-01 3030 Plaza Bonita Road Nextel Communications Nextel Communications CUP-1997-8 Located atop Plaza Bonita sign. ESMR facility- nine antennas and equipment cabinet. 15 554-050-15 2005 E 4th Street GTE Wireless Lettieri-McIntyre & Associates CUP-1998-4 Located in El Toyon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building. 16 557-420-27 1840 E 12th Street Nextel Communications Nextel Communications CUP-1999-4 60-foot monopalm on vacant commercial lot. 17 556-471-24 801 National City Boulevard AT&T Wireless Services WFI CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 18 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 19 561-360-35 18th and Newell Street Sprint Tim Kolset, WFI CUP-2000-8 Located in Las Palmas Park. Monopalm and equipment along with live palms. 20 555-082-11 111 W 9th Street Sprint Tim Kolset, WFI CUP-2000-9 Located atop 2-story Sid's Carpet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group CUP-2000-11 22 23 24 25 26 27p 28 29 30 31 32 33 34 35 36 37d 39 40 41 42 72 foot tail monopine with standard equipment enclosure. 556-101-15 241 National City Boulevard Cingular Wireless 12 panel antennas behind four new partial parapet walls atop an existing fumiture store; four equipment cabinets PlanCo m utside 558-200-24 2415 E. 18th Street Cingular Wireless Panel antennas located inside new light standards; equipment located inside existing commercial building.PlanCom 556-354-13 716 Highland Avenue Services Six facade mounted panel antennas with equipment on roof of acBell switching hng station. Equipment screened toy match existing. ShellKilboum 563-010-47 2605 Highland Avenue Sprint Six panel antennas and equipment inside a new 54 foot talllmonument/cross/sign Project Design Consultants CUP-2002-18 43 554-050-15 2005 E. 4th Street 12 panel antennas on a replacement 100 foot light standard in Cingular El TOyon park and a 160 square foot equipment enclosure. WlreieSS Krystal Patterson 44 556-590-61 1019 Highland Avenue Sprint PCS Located atop Bay Theatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 564-250-50 2435 Sweetwater Road Sprint Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 554-120-24 2701 E 8th Street PacBell Located at existing church. Antennas located in a 60-foot monument. Krystal Patterson, PlanCom CUP-2000-19 554-120-18 2701 E 8th Street Located at existing church. Antennas located in a 60-foot monument. leless Services AT&T Wireless Services CUP-2000-24 562-330-43 152 W 33rd Street Sprint Connor, 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of theiAssociates CUP-2002-8 buildings. 554-120-24 2701 E 8"' Street Sprint Located at existing church. Wireless communication facility- nine antenna and equipment building. Tim Kolset, WFI CUP-2000-27 555-053-17 700 National City Boulevard Skytel Corporation Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one ^^S Moss & Associates, Inc. CUP-2000-30 na with two indoor equipment cabinets. 559-040-53 1445 TidelandAve Nextel Communications, Inc. Nextel Communications, Inc. CUP-2000-31 40-foot monopalm with three sectors of four antennas each and equipment shelter. 564-290-06 3300 block Cagle Street Sprint WFI Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent I ghtig2001-2 forr the park. 557-420-27 1905 E. Plaza Boulevard Sprint PCS 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS anitena. 559-106-17 525 W. 20th Street Sprint Located on existing storage building. Wireless communication facility- Gianni & Associates 556-473-18 242 E. 8th Street AT&T FIXED Wireless Located atop an existing church. CUP-2001-6 554-050-12 303 Palm Avenue Sprint PCS Located on National Guard Armory property. PCS facility six antennas in three 40-foot flagGianni & Associates CUP-2001-10 563-370-35 3007 Highland Avenue poles, one GPS antenna and a new equipment building. Located atop Sweetwater Square. New Nextel Communications, Inc. Nextel Communications, Inc. equipment building over trash enclosure, nine panel antennas and one GPS antenna. 556-590-61 1019 Highland Avenue Located atop South Bay Plaza on an existing mechanical) equipmentscreen.screenular . PlanCom CUP-2002-2 563-231-38 1914 Sweetwater Rd. Cingular Wireless Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Shopping Cent-- PlanCom CUP-2002-3 564-290-06 3737 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-4 Tim Kolset, WFI CUP-2000-14 CUP-2001-3 CUP-2001-4 CUP-2001-12 CUP-2002-6 CUP-2002-13 CUP-2002-14 CUP-2003-5 E3 Solutions CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 45 564-471-01 3030 Plaza Bonita Road Verizon Wireless Whalen & Company, Inc. CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 46 561-271-01 2005 Highland Avenue Cingular Wireless Krystal Patterson CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 47 669-060-26 5800 Boxer Road Cingular Wireless Krystal Patterson CUP-2003-16 12 panel antennas on the outside of the O.D. Arnold water tank and a 150 square foot equipment enclosure adjacent to the tank 48 562-340-26 300 W. 28th Street Nextel Tetra Tech/Franklin Orozco CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adjacent to existing equipment 49 594-110-05 3820 Cagle Street Cingular Wireless Krystal Patterson CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building. 50 557-420-31 1900 E. Plaza Boulevard Cingular Wireless Krystal Patterson CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 51 552-283-11 2323 E.Division Street Sprint Delta Group CUP-2004-6 3 panel antennas in a 9x10x16 roof -mounted cupola 52d 560-191-30 1701 D Avenue Nextel Nextel CUP-2005-16 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 53 551-570-20 51 North Highland Avenue Sprint Delta Groups/Michael Sloop CUP-2004-15 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 54 669-060-26 5800 Boxer Rd. Sprint PC RESO. 32-2003 6 panel antennas on the outside of the O.D. Arnold water tank and a 360 square foot equipment enclosure adjacent 55 563-231-39 1914 Sweetwater Rd. Nextel Cathy Lim PC RESO. 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 56 564-290-06 3820 Cagle Street Cingular Shelly Kilborn PC RESO. 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 sq. ft. equipment vault 57 554-120-24 2701 E 8th Cingular Shelly Kilborn PC RESO. 02-2001 Co -location in church spire - 3 antennas within existing architectural feature 58 558-030-30 1035 S. Harbison Ave. Nextel Tim Kolset CUP-2005-3 12 panel antennas on a monopalm with 299 sq. ft. equipment enclosure. 59 554-050-15 2005 E. 4th Street Nextel Tim Kolset CUP-2005-15 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter 60 556-510-12 914 East 8th Street Cingular Shelly Kilborne CUP-2005-10 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 61 559-040-53 1439 Tidelands Cingular Plancom CUP-2005-9 12 panel antennas on monopalm with associated equipment shelter 62 669-060-26 5800 Boxer Rd Cingular Plancom CUP-2005-21 12 panel antennas on the outside of the O.D. Arnold water tank and a 520 square foot equipment enclosure adjacent 63d 562-200-02 2900 Highland Cingular Plancom CUP-2005-12 3 antennas on replacement light standard with associated equipment shelter 64p 563-010-47 2605 Highland Avenue Cricket SRES CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 65p 557-420-31 1900 E Plaza Blvd Cricket SRES CUP-2006-6 3 antennas on new faux palm tree with associated equipment 66p 561-271-01 2005 Highland Ave Cingular Plancom CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 68p 6 67 p 561-222-23 1526-40 E 18th St 12 panel antennas on a new 45-f T-Mobile 564-471-07 oot tall faux pine tree with associated equipment shelter Brian Cook and Associates 3030 Plaza Bonita RdCUP-2006-10 12 antennas fa Cingular Cade mounted to new rooftop enclosure that will house equipment 9 559-106-17 525 W 20th St 3 antennas on existing self storage buildingCricket 554-050-15 2005E 4th painted to match with associated equipment 3 antennas on existinglight Cricket ght standard with associated equipment shelter 564-290-06 3820 Cagle St Crcket 3 antennas on existing faux pine tree with vaulted equipment shelter 669-060-26 5800 Boxer Rd 3 antennas on existingCricket water tower with associated equipment shelter 562-330-43 152 W 33rd 3 antennas on existing self storage Cricket 555-053-17 g within matching architectural projection with associated equipment 700 National City Blvd 3 antennas facade mounted to existing hotel with associated equipment 563-063-29 2563 Grove Street Monopole located aside live palm trees, 563-184-47 2909 Shelby Drive 70p Plancom M&MTelcom SRES SRES SRES SRES SRES CUP-2005-24 CUP-2005-25 PC Reso 09-2003 PC Reso 10-2004 PC Reso 32-2003 PC Reso 21-2002 PC Reso 05-2000 P91-026W 75-foot monopole and equipment building. 563-062-17 2524 Prospect Street p 35-foot mono I AT&T S P95-025 pa m with three sector directional antenna system and equiServices ess Services AT&T Wirel q pment cabinets. ZAP99-028 City limit • location of one or more facilities in National City • u facilities in unincorporated area p pending approval d facility denied 1543, • Wireless Communications Facilities 1000®0 Feet National City Planning Dept, 9l25f06 '�) CITY OF NATIONAL CITY y E FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: May, 30, 2006 TO: Martin Reeder, Planning Technician FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: CUP-2006-10 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. 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 pemlit review. City of National City 1 JUN 2006 m11:50 Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR WIRELESS FACILITY AT 1562-1540 18TH STREET Date: May 31, 2006 To: Martin Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer l�d-- Via: Stephen M. Kirkpatrick, City Engineer Subject: WIRELESS FACILITY AT 1562-1540 18TH STREET 1. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 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 (J URMP) 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. If required, an approved SWPPP will be required prior to issuing of a construction permit. 4. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (25' of driveway). Recycled Paper 5. 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. 6. Street improvements shall be in accordance with City Standards. All missing street improvements (gutter 90') shall be constructed. AL:jha 1562 /7 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2006-10 Proiect Location: 1526 East 18th Street Contact Person: Martin Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on an existing commercial property. The project will increase signal strength and service area for T-Mobile USA customers. Applicant: T-Mobile USA C/o: Brian Cook & Associates - agent 4026 Hawk Street, Suite D San Diego, CA 92103 Exempt Status: Telephone Number: (619) 260-0813 ❑ Statutory Exemption. ® Categorical Exemption. Class 3 Section 15301 (Existing Facilities) [ Not a project as defined in Section 15378 of CEQA n Not subject to CEQA Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will occupy only a small portion of the .28-acre property, will be effectively screened, and will not affect use of the property. Date: MARTIN REEDER Planning Technician ® Recycled Paper /7 7 NATIONAL CITY, CALIFORNIA ouiaiswo •,: VA�D� APPLICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City. California 91950 (619) 336-4310 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) LOT 43 TO 46A INCLUSIVE. USIVE IN BLOCK 4 OF W1NNET KA 7 ERRAC_E. CCORD---NG TO — PLEASE DO NOT USE BLUE INK WIZEN COMPLETING 'THIS FORM FOR DEPARTMENT USE ONLY X Fee $ Case _ __� Filing Fee �� —(( Receipt No. _244423 Date Received 5 bU By _____Q_--- E.A.F.F. Required Fee $ Related Cases THE MAP THEREOF. NO. 1420 FILED IN THE OFFICE OF THE COUNTY RECORDEROF SAN DIEGO COUNTY. MARCH 1 1912 PROPERTY LOCATION 1562-4East I gth Street No. Street Palm Avenue — and -- 0 Avenue between COMBINED GENERAL PLAN/ZONING DESIGNATION _Cl. - Limited Commercial Conditional t]so/Planned DcvelopmentiPlanned tinit I)cvclopmcnt I'crmit.Application Revised 1)eccmher. 1998 Page I 4d REQIJES'I': 'Fhe Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: To Construct a Wireless Telecommunications facility consisting of a 40' Monopine within a 20x15 leased area that will provide wireless coverage to the local residential neighborhoods and businesses. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Reynaldo Tinsay Name: N/A Signature SEE LOA (Signature acknowledges that this application is being tiled) Address: 619 8th Avenue National City, CA 91950 Phone No. 619-474-0888 Fax No. 619-474-0298 Date: March 21, 2006 Signature (Signature acknowledges that this application is being tiled) Address: Phone No. Fax No. Date: Conditional tsr/Planned 1)cv-clopment/Planned Unit 1)evelopment Permit Application RCv iseJ December. 1998 Paec 2 ot4 APPLICANT Name: T-Mobile USA (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: 4026 Hawk Street, Suite D San Diego, California 92103 Phone No. 619-260-0813 Fax No. Date: 619-260-0814 Conditional lse/Planned Development/Planned Unit Development Permit Application Revised December. 1998 JUSTIFICATION Section 18.1 16.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above _findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however. the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpfi11 when considering the application Conditional t!sc/Planned I)cvclopmcnl/Planned t!nit I)cvclopmcnt Permit Appliuuion Revised 1)eccmher. 1998 Paac -4 or-1 City Of National City Application for Submittal Site Identification: SD07069 18th & Palm Site Address: 1526-40 18th Street National City, CA 91950 ApplLant: T-Mobile USA 10180 Telesis Court, Suite 333 San Diego, CA 92121 Telephone: 858-334-6121 Facsimile: 858-334-6198 Submitted by and Agent for the Applicant: Brian D. Cook Network Development Consultant Brian Cook 8, Associates, LLC 4026 Ha, Sireet, Suite D San Dieoo, CI A 52103 Tel: 619-602-9444 Fax: 61 '9 60-081 4 May 11, '2006 Project Description and Justification Purpose and Objectives T-Mobile USA ("TMO") is proposing to construct an unmanned wireless telecommunications facility in the area of the City of National City. The purpose of this facility will be to provide wireless communications coverage as well as emergency 911 services to the residents and communities of the immediate area. The proposed facility will be located within the back section of an existing neighborhood convenience store. Antennas will be mounted on a stealth pine tree with equipment located on the ground and behind a fence surrounded by landscaping to obstruct any visual impacts. TMO proposes to construct its facility at the location evidenced by the drawings included with this application and is further identified by Assessor's Parcel Number 561-222-2300. The subject property is privately owned and contains established access routes from the existing city streets surrounding the property through the building. No new access routes will be necessary to construct or maintain this facility. Construction Approval of this project will result in the construction and operation of a wireless telecommunications facility that will provide wireless coverage to the residents and communities of the immediate area. No other construction is planned or anticipated. Benefits The proposed project will enhance the existing area visually and benefit the City of National City by serving to promote) the social, economic, safety, environmental, and cultural needs of the local community. The proposed facility promotes the above needs and the future of National City because residents, employees working in the area and individuals traveling through the city will have telecommunications access from their wireless devices. The public health, safety, and welfare are protected The proposed project will not be detrimental to the public health, safety, or welfare for the following reasons: l:irs+Iv, the proposed facility will not produce any noticeable noise. Secondly, the operation of this proposed unmanned facility does not jeopardbe pubic or sr7tefy. The proposed facility will not affect the local rote of growth. Nor wif it result in the need for additional housing. In addition, the proposed facility will not result in a need for any additional or altered governmental services. AM maintenance services will be provided by the private sector. The project will not be a detriment to the vicinity The project will not be detrimental to the properties or to the improvements being made in the vicinity because the proposed facility will be disguised in a stealth design. Members of the general public will barely notice the facility once it is in operation due to unique screening techniques. There will be no impact on the use, enjoyment or valuation of property of other persons located in the vicinity. The project will not harm the general welfare because wireless telecommunications facilities actually enhance the use of emergency 911 services utilized in the event of an emergency. Additional Information After conducting a thorough investigation, radio frequency engineers found that the proposed site would meet all of the required coverage objectives. Furthermore, as discussed in greater detail below, the project will not result in any significant environmental impact. Earth Access to the site will be from existing access routes. No grading will be necessary. Air Quality The proposed facility will not create any odors, nor will it result in any changes to the ambient air quality. Water Resources The proposed project will not affect any flow of water, drainage patterns, or absorption rates. In addition, the proposed facility does not require water or sewage facilities. Plant Life Existing access routes will not change and will, therefore, not disturb any existing plant life. Additionally, no grading will be required and will, therefore, not disturb any existing plant life. Animal Life The project will not result in the change in a diversity of species or numbers of any species of animal. It will not be responsible for introducing any new species into the area nor hamper the migration or movement of wildlife. Light and Glare No lighting will be used at the proposed facility. Land Use The existing district allows for the development of wireless telecommunications facilities. The proposed facility will not result in any alteration to the current or future land use for the area. Natural Resources The project will not result in an increased rate of use for any natural resource. Risk of Upset The equipment is highly fire retardant. All alarms and enunciators associated with the site will be remotely monitored twenty-four hours a day. The facility will be provided with a security system that is remotely monitored for intrusion. Traffic As stated above, the facility will be unmanned and monitored remotely. A technician will visit the facility on an average of one to two times a month. During routine maintenance, the average time spent on -site is less than two hours. The proposed project will not have any impact on local parking or transportation systems. Energy Use The proposed facility will not increase the use of fuel or energy, resulting in an increased demand on existing energy resources. Nor will the proposed facility require the development of new sources of energy. Utilities and Services The proposed facility will require electrical and telephone service. No other utilities or services will be necessary. Human Health The wireless transmission power densities that will emanate from the proposed facility will no' exceed the current recommended maximum exposure levels set by the American National Standards Institute ("ANSI") for wireless transmission frequencies. March 14, 2006 Ray Tinsay Unified Realty 619 8th Street National City, CA 91950 Re: LETTER OF AUTHORIZATION Site ID: SD07069 18th & Palm Site Address: 1526-40 E 18th Street, National City, CA 91950 Dear Mr. Tinsay: Omnipoint Communications Inc. ("T-Mobile"), the newest wireless phone provider in San Diego, is interested in leasing space on your property for the purpose of locating communications equipment. In order to evaluate the property as a potential candidate, T-Mobile would like to request the right to enter the property to perform reasonable tests. The tests are to determine the feasibility of constructing and operating our communications facility on your property and would include (but may not be limited to) radio frequency testing and filing of land use applications. T-Mobile agrees to indemnify, defend, and hold you harmless from and against any and all damages, losses, and expenses arising out of or resulting from any claim, action, or other proceeding that is based upon any negligent act or omission or willful misconduct of T-Mobile or its contractors, arising in connection with access to the property_ The purpose of this letter is to confirm that you are the owner of the property, that you have an interest in leasing a portion of the property for a communications site, and that you grant T-Mobile and its contractors permission to enter your property to perform any reasonable tests. Please sign below indicating your consent to allow T-Mobile to perform an on -site feasibility assessment of the property. We both acknowledge that no commitments have been made that would require either of us to enter into a legally binding contract. Owner Omnipoint Communications Inc. By: Name: Its: Site Numher: Site Nn,ne: Market: By: i Name: "L'ir c Its: ;;)GJ:J-Ui 7 SD07069 18th & Palm National City Existing Coverage viit' Current Sites op Key: green En building coverage (good) eliow in car coverage (fair) re.y = on street I$rage (poor) SD07069 18th & Pain Existing Coverage Around Proposed Site Bi Aap Key: green = In building coverage (good) 'ellow = In car coverage (fair) ;rev = on street coverage (poor) >00309 Gndti9rg Aap Key: :reen In building coverage (good) ello�w - In car coverage (=air) :red? -- on street .ierage (poor) 995-8_ - 99418 '.. SD07069 18th & Palm Existing Coverage 2 Miles Outside City Borders 86 r. r ti _oPYrigM G 2004 INicji -yry Corp_antllor it., suip.E.I rs. All r 0 Search Area 2006 On Air Sites E 271'' SL SD07067 SR Detailed Map W 5L E 1efll St E 22�St Eosc�awn SL T-Mobile San Diego E 2p�SL Lay Palmas Park s 22 sk as vka tos paw DIRECTIONS TO SITE - -SITE VICINITY MAP CLIENT APPROVALS BLE CODES I PROJECT SUMMARY 117S:!'RlppRl IGNr ew" SURVErOR APR RANT RrPRrs[NiATIVr eV S.N :it, ti ¢vise CONSULTANT TEAM TITLE 24 COMPLIANCE ) SHEET INDEX • '11N: 561-222-2300 • - `" •lv Cr; • -18! -re • "^- flCD&75REC 11nOerprOund SerMcAkrj Cal -Th.', =FEE 'I -800 422 4133 41, P., Check No: 3 ANTENNA LAYOUT PLAN ANTENNA ATTACHMENT PLAN VIEW SIDE VIEW FRONT VIEW o EQUIPMENT CABINETS A PEE PLAIJT'NG/ rTAKIM; 7,2 e uss SE o a. .r'.w [N.A.. Ent +u. ^L_C'^. PA= 3CR0, Datum Design Assachtes. Inc. LANDSCAPE nRC1117E0l UM, P}vviry V^, • 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING POLICY NUMBER 116 TO THE CITY COUNCIL POLICY MANUAL REQUIRING DISCLOSURE OF EX PARTE CONTACTS BY MEMBERS OF THE CITY COUNCIL AND OF THE CITY'S BOARDS AND COMMISSIONS PREPARED BY George H. Eiser, III 'l DEPARTMENT (Ext. 4221) City Attorney EXPLANATION Please see attached memorandum. Environmental Review v/ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Proposed Policy Number 116 Resolution Resolution No. A-200 (9/99) CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.national-city.ca.us TO: Mayor and City Council FROM: City Attorney SUBJECT: Policy Requiring Disclosure of Ex Parte Contacts DATE: January 23, 2007 INTRODUCTION An ex parte contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council receive information pertaining to that matter outside the public meeting. This concept is also applicable to City boards and commissions. At the December 19 City Council meeting, Mayor Morrison requested that councilmembers be certain to keep a record of ex parte contacts, and to disclose such contacts at future Council meetings. The proposed policy would establish these requirements as a matter of official City Council policy, and would set forth procedures for compliance with the policy. BACKGROUND In making certain types of decisions, typically dealing with an individual or an applicant for a permit, and applying rules or laws to a specific set of facts, the decision -making body is said to be acting in a "quasi-judicial" capacity, i.e., similarly to a court. Examples of quasi-judicial proceedings are applications for conditional use permits and variances, and personnel disciplinary matters. In quasi-judicial proceedings, due process requires that the decision -maker be impartial and without bias. A personal interest or involvement in the outcome of such a matter or with any participants, which is unrelated to the merits, requires disqualification of the decision -maker. As examples, appellate courts have found impermissible bias on the part of city councilmembers in the following cases: Mennig v. City Council of the City of Culver City, (city council became personally embroiled in controversy over police chiefs termination); Clark v. City of Hermosa Beach, (court held that a councilmember's history of personal animosity to the applicants made him "not a disinterested, unbiased decision -maker"). Considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against "ex parte contacts". For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a Policy Requiring Disclosure of Ex Parte Contacts January 11, 2007 Page 2 fair hearing where members of a city council held conversations with affected property owners outside the hearing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Jeffrey v. City of Salinas, a councilman talked with property owners concerning the advantages of a parking district and made a personal visit to the area. The court concluded that the councilman's vote should not be counted. Fortunately, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of the contact at the time of the public hearing. (Jeffrey v. City of Salinas). Therefore if an ex parte contact occurs, it is of the utmost importance that the contact be disclosed. PROPOSED POLICY The proposed Policy would establish the following requirements: 1. Members of the City Council and of the City's boards and commissions shall keep a written record of all ex parte contracts. 2. At the time an agenda item is called, and prior to discussion, all ex parte contacts shall be disclosed on the public record. 3. City staff shall endeavor to inform all persons intending to appear before the City Council or of any of the City's boards or commissions of this Policy, 4. No person shall make ex parte contacts with a majority of the members of the City Council or of the City's boards or commissions to develop a consensus as to an item coming before any of those bodies. The proposed resolution would approve the addition of this policy as Policy Number 116 of the City Council Policy Manual. GEORGEISER, III City Attorney GHE/gmo • Page 2 CITY COUNCIL POLICY TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY NUMBER: 1116 ADOPTED: February 6, 2007 AMENDED OR REVISED: Page 1 of 2 PURPOSE To establish a procedure, applicable to the City Council and all City boards and commissions, for the disclosure of ex parte contacts, and to require such disclosure as a matter of City policy. BACKGROUND An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council, or one of the City's boards or commissions, receive information pertaining to that matter outside the public meeting. In making certain types of decisions, typically dealing with an individual or an applicant for a permit, and applying rules or laws to a specific set of facts, the decision -making body is said to be acting in a "quasi-judicial" capacity, i.e., similarly to a court. Examples of quasi-judicial proceedings are applications for conditional use permits and variances, and personnel disciplinary matters. In quasi-judicial proceedings, due process requires that the decision -maker be impartial and without bias. A personal interest or involvement in the outcome of such a matter or with any participants, which is unrelated to the merits, requires disqualification of the decision -maker. As examples, appellate courts have found impermissible bias on the part of city councilmembers in the following cases: Mennig v. City Council of the City of Culver City, (city council became personally embroiled in controversy over police chiefs termination); Clark v. City of Hermosa Beach, (court held that a councilmember's history of personal animosity to the applicants made him "not a disinterested, unbiased decision -maker"). Considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against ex parte contacts. For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a fair TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY NUMBER: 1116 ADOPTED: February 6, 2007 AMENDED OR REVISED: Page 2 of 2 hearing where members of a city council held conversations with affected property owners outside the hearing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Jeffrey v. City of Salinas, a councilman talked with property owners concerning the advantages of a parking district and made a personal visit to the area. The court concluded that the councilman's vote should not be counted. Fortunately, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of the contact at the time of the public hearing. (Jeffrey v. City of Salinas). Therefore, if an ex parte contact occurs, it is of the utmost importance that the contact be disclosed. POLICY 1. Members of the City Council and of the City's boards and commissions shall keep a written record of all ex parte contacts, as that term is explained in this Policy. 2. At the time an agenda item is called, and prior to any discussion of the item, any member of the City Council or of a board or commission who has received an ex parte contact pertaining to that item shall disclose the occurrence of that ex parte contact on the public record. 3. City staff shall endeavor to inform all persons intending to appear before the City Council or any of the City's boards or commissions of this Policy. 4. Under no circumstances shall a person make ex parte contacts with a majority of the members of the City Council or of the City's boards or commissions in order to develop a consensus or a collective concurrence as to an item to be considered and/or acted upon by the City Council, board or commission. Such conduct is violative of the Ralph M. Brown Act. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING POLICY NUMBER 116 TO THE CITY COUNCIL POLICY MANUAL REQUIRING DISCLOSURE OF EX PARTE CONTACTS BY MEMBERS OF THE CITY COUNCIL AND OF THE CITY'S BOARDS AND COMMISSIONS WHEREAS, an ex parte contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council, or of a City board or commission, receive information pertaining to that matter outside the public meeting; and WHEREAS, in quasi-judicial proceedings in which members of the City Council or City boards or commissions apply rules or laws to a specific set of facts, due process requires that the decision -maker be impartial and without bias; and WHEREAS, considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing; and WHEREAS, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosureof the contact at the time of the public meeting; and WHEREAS, a policy has been proposed which would add Policy Number 116 to the City Council Policy Manual to establish the following requirements: 1. Members of the City Council and of the City's boards and commissions shall keep a written record of all ex parte contacts. 2. At the time an agenda item is called, and prior to discussion, all ex parte contacts shall be disclosed on the public record. 3. City staff shall endeavor to inform all persons intending to appear before the City Council or any of the City's boards or commissions of this Policy. 4. No person shall make ex parte contacts with a majority of the members of the City Council or of the City's boards or commissions to develop a consensus as to an item coming before any of those bodies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adds Policy Number 116 to the City Council Policy Manual requiring disclosure of ex parte contacts by members of the City Council and of the City's boards and commissions. --- Signature Page to Follow --- Resolution No. 2007 — February 6, 2006 Page 2 PASSED and ADOPTED. this 6th day of February 2007. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 6, 2007 AGENDA ITEM NO. (ITEM TITLE Resolution appointing a representative to coordinate with Congressman Bob \ Filner's office to seek construction funds for City's Plaza Boulevard Enhancement/ Widening Improvements from Highland Avenue to Euclid Avenue. PREPARED BY Din Daneshfar EXPLANATION 14 DEPARTMENT Engineering EXT. 4387 See attached explanation. ( Environmental Review Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. X N/A MIS Approval Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution Resolution No. 2. A copy of the submitted Appropriation Form to SANDAG A-200 (Rev. 7/03) Re: Resolution appointing a representative to coordinate with Congressman Bob Filner's office to seek construction funds for City's Plaza Boulevard Enhancement/Widening Improvements from Highland Avenue to Euclid Avenue This project will be ready for construction in April 2008. However, the construction phase of the project has not been funded. In order to obtain federal funds, on December 18, 2006 the City took advantage of an opportunity and filed a federal appropriation form (attached) for construction at an estimated cost ($16 Million) through SANDAG 's Fiscal -Year 2008 program. SANDAG Transportation Committee at its January 19, 2007 meeting passed the City's request as recommended by staff. It is recommended that we meet with Congressman Bob Filner's District staff to discuss further and plan for other opportunities. The purpose of this resolution is to appoint a representative to work with Congressman Bob Filner's office to seek funding for construction before completion of the project design. This representative will work with staff and our consultants. Background The project includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I- 805). This portion of Plaza Boulevard currently functions as a 4-lane Major Arterial and will be widened to a 6-lane Primary Arterial as part of the project. The purpose of widening portions of Plaza Boulevard is to improve safety and add capacity to reduce existing congestion, decrease traffic delays, and maintain conformance to the level of service (LOS) standards established by the City. Design features such as raised medians, center turn lanes, structural improvements to the 1-805 interchange and bridge structure, and pedestrian facility upgrades are intended to improve safety along this corridor, which has a higher than average number of traffic accidents within the project limits. On June 22, 2006, the City of National City completed the preliminary engineering phase of the Plaza Boulevard Enhancement/Widening project. The preliminary engineering phase was funded by federal (88.53%) and local (11.47%) funds. As a part of the preliminary engineering the City of National City adopted the Mitigated Negative Declaration (MND), and obtained approval of the Finding of No Significant Impact (FONSI) under National Environmental Policy Act (NEPA) requirements from the Federal Highway Administration (FHWA). The City Council at its November 21, 2006 meeting approved a contract between the City of National City and Dokken Engineering firm to perform the project design and right of way acquisition work and prepare construction plans and 1 specifications. Currently, the Consultant is working on the project design and right of way acquisition phases and preparing the construction plans and specifications. This portion of the project has already been funded by federal Regional Surface Transportation Program (RSTP) funds (88.53%) and Local TransNet funds (11.47%). The project plans and specifications will be completed in April 2008 and ready for construction. 2 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPOINTING A REPRESENTATIVE TO COORDINATE WITH CONGRESSMAN BOB FILNER'S OFFICE TO SEEK CONSTRUCTION FUNDS FOR THE NATIONAL CITY PLAZA BOULEVARD ENHANCEMENT/WIDENING IMPROVEMENTS FROM HIGHLAND AVENUE TO EUCLID AVENUE PROJECT WHEREAS, the National City Plaza Boulevard Enhancement/Widening Improvements from Highland Avenue to Euclid Avenue Project (Project) will be ready for construction in April 2008; and WHEREAS, on December 18, 2006, the City filed a federal appropriation form for construction at an estimated cost of $16 Million through SANDAG's Fiscal Year 2008 program, which was passed by the SANDAG Transportation Committee at its January 19, 2007 meeting; and WHEREAS, to find construction funds to finance the Project, SANDAG has recommended that City Staff meet with Congressman Bob Filner's District staff to further discuss and plan for additional opportunities on a Federal level. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the appointment of a representative to coordinate with Congressman Bob Filner's Office to seek construction funds for the National City Plaza Boulevard Enhancement/Widening Improvements from Highland Avenue to Euclid Avenue Project. PASSED and ADOPTED this 6"' day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 December 14, 2006 Ms. Victoria Stackwick Legislative Analyst II SANDAG 401 3 Street, Ste. 800 San Diego, CA 92101-4231 Subject: SANDAG Fiscal -Year 2008 Federal Appropriation Dear Ms. Stackwick: The City of National City is pleased to submit the Plaza Boulevard Widening project, including Interstate 805 improvements, for the Fiscal Year 2008 Federal Appropriations cycle. Enclosed are three copies of our application. Plaza Boulevard Widening is a critical project with long-standing and wide community support. In addition to providing traffic relief and improved goods movement, the project is a catalyst for National City's continued economic development, and realization of the Downtown Specific Plan. Plaza Blvd. is a key connection from Interstate 805 to the Specific Plan area which includes future mixed -used developments with shops, offices, cafes, and hotels. As you may know, in June 2006, the City enacted a local sales tax measure to fund high priority programs and services. Implementation of the Specific Plan is critical to increasing the City's tax base, and in turn further enhancing the City's services to its constituents. The City of National City appreciates SANDAG's careful consideration of this request. If you have any questions, or would like additional information, please do not hesitate to contact Din Daneshfar at (619) 336-4387, or me at (619) 336-4383. Sincerely, Stephen Kirkpatrick City Engin Enclosures (3) SANDAG FISCAL YEAR 2008 FEDERAL APPROPRIATIONS FORM COMPLETED FORMS ARE DUE TO SANDAG BY 5 P.M. ON MONDAY, DECEMBER 18, 2006. PLEASE SUBMIT THREE (3) COPIES TO: Victoria Stackwick Legislative Analyst II SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 Tel (619) 699-6926 Fax (619) 699-1995 SECTION 1: SUBMITTAL INFORMATION DATE: 12/13/2006 SUBMITTING AGENCY: City of National City, POINT OF CONTACT: Din Daneshfar PHONE: (619) 336-4387 E-MAIL: DDaneshfar@ci.national-city.ca.us FAX: (619) 336-4397 SECTION 2: PROJECT INFORMATION PROJECT TITLE: Plaza Boulevard Widening, including Interstate 805 Interchange PROPOSED FEDERAL REQUEST: $16 million IS THIS A HIGHWAY, TRANSIT, LOCAL ROAD, OR INTERMODAL PROJECT? Local road and Interstate interchange FROM WHICH FEDERAL AGENCY ARE YOU REQUESTING FUNDS (i.e., Federal Highway Administration., Federal Transit Administration, etc.)? Federal Highway Administration PROJECT DESCRIPTION: Plaza Boulevard is a four -lane arterial within the project limits. The project will widen 1.1 miles of Plaza Boulevard from four to six lanes, between Highland Avenue and Euclid Avenue, including the Interstate 805 / Plaza Boulevard Interchange. Plaza Boulevard is a multi -modal transportation corridor, which includes sidewalks and the Metropolitan Transit System Route 602. The improvements to the Interstate 805 / Plaza Boulevard Interchange include traffic signal improvements and traffic signal coordinator. See attached project layout map. 3 PROJECT LOCATION: (In addition to description, please attach a map with project location noted.) The project is located in the City of National City in southern San Diego County, bordered by the Cities of Sari Diego and Chula Vista, 10 miles north of the International Border. See attached location.map. PROJECT DELIVERY MILESTONES: (Please include estimated dates of completion.) Final Design: FY 07/08 Right -of -Way: FY 07/08 Bid Advertisement: FY 07/08 Construction Award: FY 07/08 ENVIRONMENTAL STATUS: (Please include dates and discuss outstanding tasks that need to be completed in order to achieve environmental clearance for the project.) Environmental clearances are complete. NEPA - Environmental Assessment / Finding of No Significant Impact - June 23, 2006 CEQA - Initial Study / Mitigated Negative Declaration - May 19, 2006 PROJECT PURPOSE AND BENEFITS: (Describe improvements to access, mobility, safety, capacity, and congestion relief. Describe benefits to pedestrian, bicycle, and transit facilities. Describe how this project makes effective and efficient use of transportation funds.) The project is critical to resolving existing access, mobility and safety issues. The project will reduce traffic congestion and delays by increasing capacities, and will reduce delays that impede the efficient movement of goods, service providers, and emergency response vehicles. Plaza Boulevard is a major transit route (Metropolitan Transit System Route 602) that is dependent upon the improved traffic flow provided by the Plaza Blvd widening project to ensure on -time service and transfers between local routes. The project also includes sidewalks and improved pedestrian street crossings, and contributes to increased pedestrian safety. PROJECT BACKGROUND: (Briefly cover any prior project history that will help others understand the project. Discuss previous commitments and support or opposition to the project, Discuss coordination efforts with Caltrans, other affected agencies, community groups, business groups, etc.) The project has long-standing, wide community support. The project is a catalyst for National City's continued economic development, and realization of the Downtown Specific Plan. Plaza Blvd. is a key connection from Interstate 805 to the Specific Plan area which includes mixed -used developments with shops, offices, cafes, and hotels. In June 2006, the City enacted a local. sales tax measure to fund high priority programs and services. Implementation of the Specific Plan is critical to increasing the City's tax base, and in turn further enhancing City services to its constituents. Project development has been closely coordinated with Caltrans, FHwA, and State/Federal permitting agencies. IS THE PROJECT INCLUDED IN THE SANDAG APPROVED REGIONAL TRANSPORTATION PLAN (RTP)? (If yes, please cite RTP page number and project description.) (If no, then project is ineligible to compete for fiscal year 2008 federal appropriations funding.) The RTP can be viewed at: www.sandag.org/index.asp?projectid=197&fuseaction=projects.detail. Yes. Technical Appendix 7, pg. 108. Plaza Blvd. Highland Ave. to Euclid Ave. - Widen from 4 to 6 lanes. HAS THE PROJECT BEEN AUTHORIZED IN A PREVIOUS FEDERAL BILL? (If so, when?) No 5 SECTION 3: FUNDING WHAT IS THE TOTAL COST OF THE PROJECT? (In year of expenditure dollars.) Preliminary Engineering: $1,000,000 *Right -of -Way: $2,000,000 *Construction: $18,000,000 TOTAL: $21,000,000 *Right-of-way and construction costs include support and capital costs. WHAT CURRENT FUNDING IS AVAILABLE? (List each source of funds and year available.) Source Federal: State: Local/Other: Total: Amount Year Available Calculate: Federal Share (Federal Funds/Total): 80% Non -Federal Share (State, Local, Other Funds/Total): 20% 6 PLEASE PROVIDE ALL DETAILS OF PRIOR FEDERAL FUNDING, INCLUDING DATES AND SOURCES. See Attached Table HAS THIS PROJECT RECEIVED ANY PREVIOUS DISCRETIONARY FUNDING IN AN APPROPRIATIONS BILL? (If yes, include dates and sources.) No. CAN THE FUNDS REQUESTED BE OBLIGATED IN FISCAL YEAR 2008? Yes. The Transportation Committee approved specific criteria at its October 6, 2006, meeting as outlined in the cover letter. To assist us in the evaluation review, please respond to the following questions. 1. IS THE PROJECT ALREADY IN CONSTRUCTION, BUT ADDITIONAL FUNDING IS REQUIRED? (If yes, please explain ) No. The project is scheduled for construction in Fiscal Year 2008. 2. IS THE PROJECT READY TO ADVERTISE? (If yes, please explain.) The project will be ready in FY 2008, upon Federal approval of the Fiscal Year 2008 Appropriation. 7 3. HAS THE PROJECT RECEIVED FEDERAL ENVIRONMENTAL CLEARANCE? Please provide dates and type of clearance (i.e., categorical exclusion, environmental impact statement, etc.) Yes. A Finding of No Significant Impact wasissued by the Federal Highway Administration on June 23, 2006_ 4. DOES THE PROJECT IMPROVE SECURITY AND SAFETY IN THE REGION? (If yes, please explain.) Yes. The project resolves long-standing traffic safety issues as documented in preliminary projects studies. Operational benefits of the project will improve emergency reponse times during peak hours. 5. DOES THE PROJECT PROTECT THE REGION'S INVESTMENT IN INFRASTRUCTURE, INCLUDING ROLLING STOCK? (If yes, please explain.) Yes. in addition to creating much -needed additional capacity, the project includes resurfacing and rehabilitating existing pavement. If additional space is required, please attach a separate page. Attachment 1 Attachment 2 ORANGE 7' COUNTY Camp Pendleton PROJECT LOCATION RIVERSIDE COUNTY Rainbow SAN DIEGO COUNTY %Fallbrook i Coronado Imperial Beach" Palomar Mountain Valley Center Lake Wohllord Escondido Rancho Bernardo Poway Lakeside Santee La Mesa Lake kenshaw Sutherland Reservoir Ramona San Vicente Reservoir El Cajon Swee xater Reservoir National City OW Reservoir Chula Vista fl El n Reservoir Lake Jennings Alpine amul San Ysirlro Loveland Reservoir 14.4— ATTACHMENT 3 WHAT CURRENT FUNDING IS AVAILABLE? (List each source of funds and year available.) Federal: State: LocaVOther: Total: Calculate: Source Amount Year Available Reg. Surface Transportation Program $2,000,000 Prior TransNet — Local $ 766,000 Prior TransNet — Local $ 200,000 2006/2007 TransNet Local $ 126,000 2007/2008 Current project development work is being fitnded as follows: $3,092,000 Federal Share (Federal Funds/Total): 88.5% Non -Federal Share (State, Local, Other Funds/Total): 1 1.5% TransNet — Local funds above include additional monies beyond what is needed to match currently available Federal dollars. Federal Appropriations funds will be snatched by the City at 20%, or as required. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 15 I/ ITEM TITLE Time Extension Request — Tentative Subdivision Map and Conditional Use Permit to /// convert 29 apartments into condominium units for individual sale at 900-910 Manchester Street. (Applicant: Manchester Hills 29, LLC) (Case File No. 2007-06 T.E.) osc PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION In March 2005, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for the conversion of 29 apartment units at the intersection of Manchester Street and Plaza Boulevard into condominium units for individual sale. The conversion will include the renovation of the exterior as well as the interior of the units, and various site repairs (i.e. common area, landscaping, and parking lot). All Tentative Subdivision Maps are approved with a condition allowing the applicant two years to finalize the map. As no Final Map has been processed for the approved project, this Tentative Subdivision Map will expire on March 2, 2007 unless extended. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The Conditional Use Permit required for the conversion of the units will also expire in March and may be also be extended, but for no more than one year at a one time. The owner is requesting an extension of the Tentative Subdivision Map and Conditional Use Permit for the conversion. He states that while some site improvements and Conditions of Approval have been completed, including preparing CC&Rs for the site, the extension is needed due to changes in the market, such as sales prices, unit absorption, and development costs (see attached letter). Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the expiration date for S-2004-15 be extended by three years to March 2, 2010, and the expiration date for CUP-2004-24 be extended by one year to March 2, 2008. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution No. 2005-45 2. Location Map 3. Applicant's letter of request A-200 (9/99) • RESOLUTION NO. 2005 — 45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 29 APARTMENT UNITS TO CONDOMINIUMS AT 900-910 MANCHESTER STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2004-15/CUP-2004-24 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 29 apartment units to condominiums at 900-910 Manchester Street on property generally described as: Lot 6 of 0.D. Amold Estates Unit No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 3700, filed in the Office of the County Recorder of San Diego County, August 23, 1957. WHEREAS, the Planning Commission of the City of National City considered said applications at public hearing held on January 10, 2005, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on February 1, 2005, and continued to the meeting of February 15, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-15 and CUP-2004-24 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 recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves a tentative subdivision map and a conditional use permit for the conversion of 29 apartment units to condominiums at 900-910 Manchester Street, based on the findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will create 29 new homeownership opportunities. Resolution No. 2005 — 45 March 1, 2005 Page Two 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. • 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in a violation of existing requirements prescribed by the Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. Resolution No, 2005 — 45 March 1, 2005 Page Three 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional traffic will be generated, since the project consists solely of a change of ownership, and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 29 new homeownership opportunities that should be attractive to first time homebuyers will allow for mobility in the housing market, and since the increased rate of homeownership may translate into an improved property appearance. The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complex will create 29 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 6. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the planned Renovation Program and each unit interior will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for the conversion of 29 apartment units to condominiums at 900-910 Manchester Street is hereby approved subject to the following conditions: 1. This tentative map and conditional use permit authorize the conversion of the property at 900-910 Manchester Street, including 29 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A - revised, B and C, Case File No. S-2004-15/CUP-2004-24, dated December 13, 2004 and October 29, 2004, respectively. • Resolution No. 2005 — 45 March 1, 2005 Page Four 2. A detailed landscape and underground irrigation plan, including plant types,. methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 4. 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 Attomey. 5. 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, buildings, utilities, recreational facilities 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. 6. 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 Attomey 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. 7. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. In particular, the plan shall show the following: Drainage from parking area to street. 8, All surface run-off, including landscaping irrigation within the public right-of-way, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. Resolution No. 2005 — 45 March 1, 2005 Page Five 9. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be • adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or Its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 10. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically sidewalk, curb and gutter, and driveway opening as marked. The existing abandoned driveway on Plaza Boulevard shall be removed and replaced with sidewalk and curb and gutter. 11. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 12. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Public Works Department as soon as filed. 13. 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. 14. A cost estimate shall be submitted with the plans. 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. 15. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 16. All electrical, telephone and similar distribution service wires for the structure(s) shall be placed underground. 17. 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. Resolution No. 2005 — 45 March 1, 2005 Page Six 18. 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. 19. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other Improvements through an agreement with the City prior to the approval of the final map. 20. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction. of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Planning Director prior to recordation. 21. 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. 22. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m. or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 23. Plans to stabilize the slopes fronting Plaza Boulevard and the slopes along the south side of the property shall be submitted and approved by the City Engineer. Plans shall include repairing and raising the height of the south retaining wall as necessary. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and Resolution No. 2005 — 45 March 1, 2005 Page Seven BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 1st day of March, 2005. ATTEST: c ael Della, alla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey • Passed and adopted by the Council of the City of National City, California, on March 1, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-45 of the City of National City, California, passed and adopted by the Council of said City on March 1, 2005. �a Jerk of the City f National City, California By: Deputy PROJECT SITE CITY BOUNDARY LOCATION MAP Time Extension Request for: Tentative Subdivision Map and Conditional Use Permit to convert 29 apartments to condominium units at 900-910 Manchester Street. DRN. DATE: 1/22/07 2007-6 T.E. INITIAL (S-2004-15/CUP-2004-24) HEARING: NATIONAL CITY PLANNING 9 2/06/07 • January 17, 2007 Ms. Angela Reeder City Planner City of National City 1243 National City Blvd National City, CA 91950 Re: 900-910 Manchester Street, National City Subj: Tentative Map # S-2004-15, CUP # 2004-24 Approval date: March 1, 2005 5422 Napa Street:.. San Diego, CA 92110 (619) 220-0775 Fax (619) 220-8005 Lic. 701425 A -General Englnearing Contractor 5-General Building Contractor Dear Ms. Reeder: The owners of the above referenced property hereby request a thirty-six (36) month extension of the Tentative Map and CUP. This extension is required due to the current market conditions. During the past four months substantial improvements have been made to the property including, landscaping upgrades, interior and exterior painting, carpeting, kitchen cabinets, new appliances, etc. Enclosed please find a check in the amount of $1,232 for the payment of the necessary city processing fees to obtain the extension. Thank you for your cooperation with this matter. Sincerely, Manchester Hills 29, LLC A California limited liability company ld City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 16 (IT--- TITLE Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets (Applicant: John Guevara for Baldock Holdings) (Case File C�No.o. 2007-05 T.E.) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION In January 2005, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for a mixed use, commercial - residential project on Highland Avenue. The project includes13,000 square feet of commercial space divided into five suites all on the ground floor and 32 residential condominiums on the second through fourth floors. The development will include a 76 space underground parking garage and 18 surface parking stalls off the alley at the rear of the site. All Tentative Subdivision Maps are approved with a condition allowing the applicant two years to finalize the map. As no Final Map has been recorded for the approved project, this Tentative Subdivision Map would have expired on January 19, 2007 unless extended. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The owner is requesting an extension of the Tentative Subdivision Map and Conditional Use Permit for the project. He states that they have been working with City Departments and only lack completing one Fire Department condition to complete the Final Map This extension is needed to allow them the opportunity to complete the Final Map process (see attached letter). Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION R Staff recommends that the expiration date for S-2004-14/CUP-2004-23 be extended by one year to January 19, 2008. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution No. 2005-6 2. Location Map 3. Applicant's letter of request A-200 (9/99) RESOLUTION NO. 2005 — 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR A FOUR-STORY MIXED USE BUILDING WITH 13,000 SQUARE FEET OF COMMERCIAL SPACE AND 32 RESIDENTIAL CONDOMINIUM UNITS ON THE WEST SIDE OF HIGHLAND AVENUE BETWEEN 218T AND 22ND STREETS APPLICANT: JAY CLEVELAND CASE FILE NO. S-2004-14/CUP-2004-23 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for a four-story mixed use budding with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21 s` and 22nd Streets on property generally described as: Lots 11 to 20 of Block 4 of Hayes' Highland Addition according to Map thereof No. 1038 recorded in the Office of the Recorder of San Diego County, Califomia, on April 20th, 1916, together with a 10' closing. WHEREAS the —Planning Commission of the City of National City, California, considered said applications at public hearing held on December 6, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on January 4, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-14 and CUP-2004-23 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 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 tentative subdivision map and conditional use permit for a four-story mixed use building with a 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21st and 22nd Streets, based on the findings: Resolution No. 2005 — 6 January 18, 2005 Page Two RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City. General Plan and applicable specific plans, since the General Plan encourages mixed -use infill of vacant commercially zoned properties, the creation of new homeownership opportunities, the beautification of older commercial areas, and higher density residential development along major commercial thoroughfares. Also, there are no specific plans goveming use of the site. 2. The site is physically suitable for the proposed type of development, since the property is on a major arterial within an established commercial district with some existing mixed -use developments, and since it is adjacent to several large, higher density apartment complexes. 3. The site is physically suitable for the proposed density of development, since the proposal includes good-sized units with.. appropriate urban amenities and sufficient parking for a mixed -use development. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site has been developed previously and is located in an urban environment with no native vegetation or bodies of water. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7 The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, Resolution No. 2005 — 6 January 18, 2005 Page Three 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since adequately sized units, and open space will be provided along with sufficient off-street parking for a mixed -use development with several large apartment complexes in the very near vicinity. 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 oftraffic generated by the proposed use, since the approximately 650 Averag_eDaily Trips .(ADT)generated by the use, of which not more than 60 ADT will be during the aftemoon peak traffic hours, can be accommodated by Highland Avenue, a major arterial with a current volume of 17,000 ADT and a capacity of 25,000 ADT. Also, the project's immediate proximity to a large customer base will likely result in an elevated percentage of pedestrian trips. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposal is consistent with the development type (both mixed - use and high density multi -family) in the immediate area, and since the project traffic can be accommodated on nearby roads. Also, the proposed parking (both off-street and adjacent street parking) is typical of mixed -use development in commercial, urban corridors. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will enhance the appearance of the partially developed site, while placing new commercial facilities in close proximity to a large customer base, and since it will create 32 new home ownership opportunities. RECOMMENDED FINDING FOR APPROVAL OF THE REQUESTED EXCEPTION 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, mixed -use infill and high density residential development along major 3 Resolution No. 2005 — 6 January 18, 2005 Page Four commercial thoroughfares, 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for a four-story mixed use building with 13,000 square feet of commercial space and 32 residential condominium units on the west side of Highland Avenue between 21 si and 22nd Streets is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize a mixed -use development with approximately 13,000 square feet of commercial space and 32 residential condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A" and "B", Case File Nos. S-2004-14/CUP-2004-23, dated October 26, 2004 and October27, 2004, respectively. The three exterior staircases and the elevator shall be secured/programmed to allow resident use only above the ground floor. 3. Prior to issuance of building permits a noise study and mechanical equipment study, focusing on visual, odor and other possible impacts, must be prepared for review and approval by the Planning Director. AO conditions and recommendations of the studies necessary to ensure the livability of the residential units shall be incorporated into the project design. 4. The parking stall dimensions of the tuck under parking stalls at the rear of the property shall conform to all Land Use Code requirements, and they shall have a minimum of 24 feet of backup space. The above referenced parking facility dimension shall be achieved without reduction of the set back from Highland Avenue shown in Exhibit "A", Case File No. S-2004-14/CUP-2004-23, dated October 26, 2004. 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. Two trash enclosures shall be provided; one shall be reserved for use by the commercial businesses and the other for use by the residents. Both shall be provided in accordance with city standards. They shall have an exterior to match the building. • Resolution No. 2005 — 6 January 18, 2005 Page Five 7 The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, utilities recreational facilities 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 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. 8. 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 ofthe development. Such entity shall operate under. recorded conditions, covenants, and restrictions approved by the City Attomey 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. 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations, 11. Minimum fire access shall be 20-feet unobstructed width with 13-feet 6-inch vertical clearance, with a comer radius of 28-feet. 12. Work must be performed and compliant with California Fire Code 2001 edition and the most current NFPA standards. 13. KNOX-BOX Rapid Entry System shall be provided. 14. Automatic Fire Sprinkler System and fire standpipe system is required. 15, Based on construction type V-N with a flow duration of 4 hours at 20 psi residual, with an automatic sprinkler system. 16. Automatic Fire Alarm system is required. Resolution No. 2005 — 6 January 18, 2005 Page Six 17. An encroachment agreement subject to approval by City Council is required for the encroachment of the underground parking garage into the alley at the rear of the property. The property owner shall apply for an encroachment agreement per Chapter 13.12 of the National City Municipal Code and shall provide a suitable performance guarantee pursuant to section 13.12.040 in an amount sufficient to guarantee the removal of the encroachment should the City demand such removal. 18. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the dosest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department's requirements. 19. All surface run-off, including landscaping irrigation within the public right-of-way, 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 developments------ ----- 20. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by City Engineer. 21. 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 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Engineering Department requirements. 22. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall he 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 Resolution No, 2005 — 6 January 18, 2005 Page Seven . material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading, This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department, 23. A sewer permit will be/may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan: Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 247---fifes deteriorated portions of the existing street improvements along ff properly frontages shall be removed and replaced. Specifically, 395 L.F. of sidewalk, 167 L.F. of curb and gutter and 284 L.F. of alley section from the property Tine to 3' west centerline of all including the swale. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 25. The existing pedestrian ramp at the following location shall be removed and replaced with standard ramp complying with the A.D.A requirements and the Regional Standard Drawing Northwest comer of 22nd Street and Highland Avenue. 26. 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. 27. All existing survey monuments, including any benchmark within the boundaries of un cries the project shall be shown on the plans.' If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Public Works as soon as filed. 28. A cost estimate shall be submitted with the plans. A performance bond equal to th approved cost estimate for all of the proposedse reet improvements, landscaping and retaining wall work shallbeposted. r Threeapercent (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. The deposit is subject to adjustment according to actual worked hours. Resolution No. 2005 — 6 January 18, 2005 Page Eight 29. 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. 30. 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. 31. Separate water and sewer laterals shall be provided to each lot/parcel. 32. 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. 33. All utility distribution facilities within the boundaries of the subdivision, and within the half-street-abuttingthe-new-subdivision; shall-be-plaeed-underground:----- 34. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 35. 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. 36. 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. 37. Before this Conditional Use Permit/ 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit/ 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 Conditional Use Permit/ 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. Resolution No. 2005 - 6 January 18, 2005 Page Nine 38. 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 or be extended concurrent with the Tentative Subdivision Map. 39. The developer shall install public streetscape improvements along all project site street frontages. The improvements shall be consistent with the Highland Avenue streetscape plan prepared by Estrada Land Planning. 40. The 65 residential parking spaces in the underground parking garage shall be distinguished from the commercial spaces and be designated solely for residential use through the use of signage and/or other physical means subject to review and approval by the Planning Director. Two residential spaces shall be assigned to each unit. BE IT FURTHER RESOLVED -that- copies-of-this--Resolution-stral-be- transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18`" day of January, 2005. Nicyor ATTEST: Mich el Della, itygClerk APPROVED AS TO FORM 7) George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on January 18, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-6 of the City of National City, California, passed and adopted by the Council of said City on January 18, 2005. Cit Clerk of t e Cit t/ of National City, California By: Deputy 2139 PROJECT LOCATION 20 O- % 2200 CG 220G 22, 220 2235_ 224' 205 i 9'306 1 22 ZONE BOUNDARY — — —• LOCATION MAP Time Extension for a Subdivision and Conditional Use Permit for a mixed use building with 13,000 square feet of commercial space and 32 condominiums (S-2004-14/CUP-2004-23) 2007-05 T.E. NATIONAL CITY P L A N N I N G /7 r t DRN. DATE: 11/23/04 INITIAL HEARING: 2/6/06 „. r n MR_ f &ems 1AN b‘Lc.--csc ot &u *n "(2a—1 067) NLG ALL 4 O 14l) W ” C e , qL- Ci tJ tL`{ 1ti30xc L1 t - �, CAJ \oN Foes.} LE-r-ces,(L. LAArNo lT rtD c . pLE-rE vJ. r P Ft2-'Fto w Le c i C lS -t� l DNL1 Jo �-�� Nt;Lclic�sG.S City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 17 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a Wireless Communications Facility at 2005 Highland Avenue. (Applicant: Shelly Kilboum for Cingular Wireless) (Case File CUP-2006-2) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is a 14,357 square -foot property located on the southeast comer of the Highland Avenu and 20th Street intersection, in the General Commercial Zone (CG). The property has frontage on both Highland Avenue and 20th Street. The lot is developed with a two-story, U-shaped office building consisting of several different commercial suites and a 15 space surface parking lot, with access from both Highland Avenue and the alley to the rear. Currently there is another wireless provider on the site; their equipment is inside a small penthouse structure on the roof of the building. The applicant is proposing to install a 43-foot faux mono -palm structure with 12 antennas along the eastern property line. Plans include moving and rebuilding the existing trash enclosure at the rear of the parking lot, and relocating it 3 feet closer to 20th Street. This would provide room for a 120 square foot planter area for the mono -palm beside the trash enclosure, without taking away any parking spaces. The equipment that serves the mono -palm would be located in a suite inside the office building and all wiring to the palm would be trenched across the parking lot. A landscaping plan for the project includes upgrading the existing site landscaping, as well as installing four Mexican Fan Palms (minimum 26' tall) to help the facility blend with the surrounding area (see attached photo -simulations). This project is intended to increase wireless service in this area and would be considered an example of a stealth facility, as encouraged by City policy, since the facilities are on a mono -palm structure, the equipment shelter would be inside the existing building, and the mono -palm is situated to the rear of the site with substantial additional landscaping proposed. The Planning Commission held a hearing on this item on January 8, 2007, and voted to approve the Conditional Use Permit finding that the site is suitable for the proposed facility, that the facility is appropriately designed with the additional landscaping, and that the additional service is needed in the comm Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. .,%cp BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: DeLaPaz, Reynolds, Flores, Pruitt, Baca. Absent: Carrillo, Alvarado. ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 1-2007 2. Location Map 3. Photos and simulation 4. Applicant's Plans A-200 (9/99) RESOLUTION NO. 1-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2005 HIGHLAND AVENUE APPLICANT: SHELLY KILBOURN FOR CINGULAR WIRELESS CASE FILE NO. CUP-2006-2 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility at 2005 Highland Avenue (APN: 561-271-01) at a duly advertised public hearing held on January 8, 2007 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2006-2, 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 January 8, 2007, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed antennas would be incorporated into a mono -palm a located in a landscaped area and associated equipment would be inside an existing structure, thus not affecting parking or access. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility, requires only one to two trips each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3. That the proposed use would not have an adverse effect upon adjacent or abutting properties, since antennas and associated equipment would be housed on a mono -palm approximately 35 feet above the ground and located at the rear of the site and additional landscaping would be added to blend the mono -palm with the character of the surrounding community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it would improve the performance of the Cingular wireless communications network, resulting in enhanced service for its National City customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 2005 Highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Revised Exhibit A, Case File No. CUP-2006-2, dated 11/21/2006. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. A detailed landscape and automatic, below grade irrigation plan, including plant species, sizes of plant material, methods of planting, etc. shall be submitted prior to issuance of building permits for review and approval by the Planning Director. The landscape plan shall be consistent with the approved concept plan and reflect the use of drought tolerant planting and water conserving irrigation devices. 3. A trash enclosure shall be provided in accordance with City standards. It shall be constructed of decorative split -face block, a solid gate, and a solid roof covering to the satisfaction of the Planning Director. The design and location of the trash enclosure shall be shown on the Landscape Plans. 4. All four (4) proposed live palm trees must have a minimum brown trunk height of 26 feet. 5. All wiring and cables between the equipment room in the existing building and the monopalm, and any associated communications or wiring junction boxes shall be placed underground or screened to the satisfaction of the Planning Director. Antennas shall be placed within the faux palm fronds, with fronds extending a minimum of 24" beyond the antennas, and shall be painted to match the mono -palm and maximize stealth. 6. All rooftop mechanical equipment must be screened from the sides and from above consistent with the Land Use Code and relevant City Design Guidelines, and said screening shall be indicated on the building plans. 7. Exterior walls of accessible buildings/freestanding fences/walls to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 9. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete must be removed. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 11. The deteriorated portions of the existing street improvements (20' of sidewalk) along the property frontages shall be removed and replaced to the satisfaction of the Engineering Department. 12. A permit shall be obtained from the Engineering Department for all improvement work conducted within the public right-of-way. 13. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition of CFC in effect at the time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 14. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 15. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 3 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 8, 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Baca, Pruitt, Flores, Reynolds, DeLaPaz Carrillo, Alvarado CHAIRWOMAN 100 0 100 200 300 Feet PROJECT LOCATION LOCATION MAP Conditional Use Permit for a Wireless Communications Facility at 2005 Highland Avenue CUP-2006-2 NATIONAL CITY PLANNING DRN. DATE: 12/06/06 INITIAL HEARING: 1/08/07 EXISTING 0 osiinu7'at=ion or propose to ecommunica ►ons sr e SS0114-02 Highland Office Building 2005 Highland Ave., Suite 18 National City, CA 91950 cingular WIRELESS PROPOSED S50114-02 Highland Office Building 2005 Highland Ave., Suite 18 National City, CA 91950 EXISTING SS0114-02 Highland Office Building 2005 HighlandAve., 50te 18 National City, CA VICINITY MAP 7NOWNS GUIDE PAGE 1309, J2 ADDRESS u1xw�", a�lru. u 9- COORDINATES (NAD 83) urnuor. wxol0fc 7rl021a4' luxrx >s< cingularM WIRELESS HIGHLAND OFFICE BUILDING 2005 HIGHLAND AVENUE, SUITE 12 NATIONAL CITY, CA 91950 SS0114-02 CONSULTANT TEAM ARCHITECT: ITN• a TWAT auwlx meormomm • rrommo C T 200, •N OHCA (Awl VI -we (rulj ELECTRICAL CONSULTANT: :OA Lsn ruol LOCO [NI.1¢x r[ l VISTA. CA 01M frl[j OW-t•10 ITN fu-mss (FAO SURVEYOR: WT..OA WM, W) 11•ww rml PROJECT SUMMARY APPLICANT: RAr fwn... TT wWY wyyyp AAA Kw.. 45L1 411-]Sw OWNER: JOWsy rul15 MAW 1 uw AWN SPOT Jun LMON cm, OW0 wm 4R AR: O 4i wU Iw wu OEVELOPYCry} SUMMARY: • INVMAGON 0r A RI[[wNSUPORS EWYGT R:p uPArm O MI na1 rlom or ®IM MU. • (xgiyru or lis[�'ANlpwf • xu1sll O A P. as Ar OSCAN Al TAME • TWA • NM. Nw WILCO 21.1C} rq: OTTO HAW G,wl1 • PKT. A 6WK TAW 0KILSYR •aosin Ymonow LEGAL DESCRIPTION: tom ro 0II O. LM INN11[GR O•HATT LUR. Hamm or vN Tao. SIM w uurMY, MOOT. TO PAP NOWT ROL TA MUD N OTT Of THE MTN PROJECT ADDRESS. ww Halmm AVMs. rum iJ 1015054E Cm. b III1 A55E550R5 PARCEL NUMRER: 24I-271-01 TOTAL SITE AREA; •COv EXISTING ZONING: m Woo LWNLVO PROPOSE° PROJECT AREA: TXXPROI AWN >» ET YNN. Al4 TO T. R TYPE OF CONSTRUCTION: 11R v 0N-Ylm PROPOSED OCCUPANCY: • ROILI1 oHTHOU wWCA 1 Tomo OYYMIMNS mum O1 SCALE MC Wow] TOT 9.11101111117 TT M16017 M1 CCRCT TAW WT MT WISP oYxw4.4 POMP M A i1' r IC IS 70 M1TALC IWFW iINx]t H'AM'.T n SHEET SCHEDULE T-1 MI5 TM uo Malwl LA4 A-O an NAx A -I mmHg art a Hamm P.m A-2 MUTAT5 WO NM A-3 0050* a0NAm6 A-4 4llooN =UNIT A-5 Nypyy WITS L-1 OTWS IANOTAR lux C-1 SA TR. C-2 RE LOTT ACCESSIBILITY DISCLAIMER na NI0R1 s NI ORmRo MOAT To TIONT1111701 TN .01001. 00.111T OF TN VAT WW1= s mrI nr BIL[BIY TT= REMIepIl6. flu. r‘oonnmC T PREPARE° FOR x cingular WIRELESS 6925 LUSK BOULEVARD SAN DEGO, C.5 52121 T APPROVALS mrt 2wIK or OTWINJOWN Carr A1Vim MR wow. AlP•PNr WYE n PROJECT NAVE HIGHLAND OFFICE PROJECT NUMBER SS0114-02 20G5 WGHLANO AVENUE, SURE 12 NATGNAL CITY, CA 61550 SAN DIEGO COUNTY ILm/m UIp w%II/. w/II/OA P/11/5* /•yI D DRAWING 0ATE5 IW12oTow INjI ow. motors 5mo mowls camera (] N.ANOC TOTTN. (q IAmvr1 Nun Dal C SHEET TILE TITLE SHEET PIHAMT,•Www. rai.eMOloNW.• 15 T-1 )Ecovn'M !ME MM SITE PLAN EAST SOU SIRS • �IwsTk� An .eueslTs SEE EKE, Lo-1 KW [Cxc.P. L.VOSSUE son 9.E ,TM0 A- A2iuTxM� • °"En twEn p ro.nni vnwxc i l '[XRM ut. r,is iWon SCAM.ro zux I •Cuss NE . 'so I1e . 11>PR —RGcu Srt0E[ c004EE[TDM MreEO E-m /cn I' 1[xIw ueVxl[e N I GENERAL SPECIFICATIONS • GRCiPiED NES SRrt-FACE MORES. GROCK oissu RUAA EENCLOSURFINtl O (ux o TOSS ErMwK o xo wxLXETE Con PP•OSCO nowEAR Man Non. En AEA AuILmw4[ CPCSAns •A AS--„.NwM x uVAW. SEE "EST A-, wx c0KMIE WY. EE 9M (VOlPf 1NOSMFC q/N non. Mum WOOL CONSIOrt no Enniono 1 (wnn ) w•,n noun win PROPOSED Coss M.E .w<T YR, SNOWS —ELrs11nc PufuF APG E000 (WnP %MOE Gauuc>tVW TxEE MEroNDEa nrwM .�D n RK6 Pw zW1eM , non. vanes ISLECOVuoNV.SONS neoNSNISSA MOSSENOES MO SOUP LEVEL, IPA ISO -I MO NNe 9NID EWIN rW xArt3 AN YETON No NEo:EN OI _ESmPod rAw PERI= PROMINATI 0 0€CT 00 WALLT•01 MIL �PP (ASE•MS • Lirut 'vim u ea se. NNW roo mow "'°' awrzr �ml'i...� nor c Mwr imam mak sow su av rs�A.�i r vw vnr ODYrmla, `"*"' owe sow —awr ErS.rw u ew Y O mom.. wmiu�• M disaNOYrR wnyow.00•0IR .w oneleI OAVI-• rant YVO1Y111a a ncxll(cr0AE • .L.AN!NR PREPARES. FOR X cingular- 6925 LUSK BOULEVARD SAN DIEGO. CA 92121 • APPROVALS zone DATE PRE .cvummx MTE • TATE PROJECT NAME HIGHLAND OFFICE PROJECT NUMBER SS0114-02 2005 N16NLn/0 AVENUE. SUITE 12 NATIONAL Cltt. CA 91950 SAN DIEGO COUNTS DRAWING DATES 11/05/05 000( P00 STACK fog 111111,63 nkSAS WI /I,.n n.cs,c SDO 0I/10/06 RP 1u.+sl 0,/1,/01 Munn SUMSWAT RLL In 1 /oe/M L.1nsrrt wAx Ow SHEET TITLE SITE RAN a GENERAL SPECIFICATIONS 0P0ECTs,sis 44t(M.ADSI.D..M., A-0 03 ANTENNA AND COAXIAL CABLE 5 Ws WO,Odemy. NN.mam., DOLE 1.11,9 Or Pa. PO (EK. Irar. Ns Ors or: w7P1390.11.. Da -+male.,, 11 115 sinew u,a560/ Nm os-. r a/ /2' USE Cf E1PA.CABLE SWAY IOW ISPRONbREO nopAw roNT ,,,ov nW/sc..-wr rs No.To To ,zou N Too. .sir ToN. urr „Tv [ pvuA NTTLEpocLuoiNG ol1 rt,LCS, Ir ex 192 r BINAA wArBss ,Anon cn cravono ANBDD Aw, caow a NH.vm wom - x DSE :Alor R E AN, L606 r 1:4 sin lifOR , .-cLTANA ALALTINDICATED R0.R . 4DUREL �ZiuvN � D ANTENNA PLAN KEYED NOTES: �ouNrzo was[ `ii'b 1�lw vw'oowN •rr rs 1.090es mAAE MRDEE . ▪ ZfrionTi Oa PED�ons, or E.N.„,E„oow,r3cRDaE.R,.. •uE PRmos<c P0N rwRE Es1N0 « eA` N��7,6 y NNro NAXA arr,D 0 .EE o3EaD1..IDEE.PE�:,r miss .ND CRm .uxo Na um RTMvwEa Q IM xxwus o`rRI u iiR uwMED or =Eu SR WC r-I ipa / PRE,SEo rv[[ oPorvO? uVsr f+10 A AAA. DE . Mi 0 ioaaFw: "a "" IsnAo Bro Ara, XXX( VAILD, TO ApNA sP.cE s<R�.INR ,D 4NNx AP.w ®PROPERITNE (ml ® LAsN-DNcrrt, — ® o5Nn CONCRETE CURD tDE REYP[D ® REUDrt BARB DANN ENCLOSURE 'R0,5. STEEL GrE0 WE 0 a., DID ILL KGS Cy,C[ glRlp MSC O, Dc«rnErE LAo k 11,AL, NET. I.rxmcrPE u+E. MINSiuE CONC.FIETE CAR POP'S 0 1I \at i 4 ENLARGE SITE PLAN /-0 Q NRancm^E n 11.11.1Pc 111 PREPARED EDR Xcingular- WIREEESS 6925 LUSR BOULEVARD SAN DIEGO. CA 92121 tl APPROVALS oArr fOxsrRNANAN BlopA DAB DNNW Mlbv4 PROJECT NAME HIGHLAND OFFICE PROJECT NUMBER S e2 O11�� 2005 HIGHLAND AVENUE, SUITE IS NATIONAL CITY. CA 9(950 SAN DI:GO COUNTY C DRAWING DATES 1 /0s/m rep. 30 M.-) $11/E/,s ExM iD MAIMY) /14m wnac =MOM 0. ) 07/e CP..] 07/11/R PUN. AYR4 (0) 11/04/De WitrSCAPE NAN (N) SHEET TITLE ENLARGE SRE a ANTENNAS PLANS 'WJE7Is7Itlrvr..-\DNIID.J14aONnI..y C A-1 Oaf. IEWR 9tt O hri1r� rk-1 m cool. RE.,/ S11RI EQUIPMENT ROOM PLAN KEYED : (� RKmslo OYMM 11•1082 SV fW.OR wYll RYFcii 61pi6 Gd RK6pYCi 21 C41RR.9. t. al o„O.Cup. IMAM RECT.* a 1�UM. -D,•OTA.E0- ® .0.290 VIPRM KR00 WITS MM., R.M. RJ-1/Y.iL. KS-5/R- OMH n• Mr.... 2; KRm: MO 18. w. Wu= In 091111KIR O monso MMM-oFs.. ww. Mw! Mr . v- MEP (M.VL a 22 YKMI 219 05. cur.IRX: AM *Ma 55093-105 *WM 1 .OD.uAR n NMPc109 912 Pw1Oi0 WORM MR= O.ERCH SAMR. wc.. 2Am M2.(O rLOS WI.MMWIM n 09,04.T. o M0IO2(0 OLL *Rao 20 Are OECRT. no.. BR' Oi RM0A C.la f C S'691 .., RRGO RW co *R LFMS O MOE vN 7Rn18..wawe IK wawa. W6l 3mon.. FAN Pa IMS wt.gnome 0n To, 6)005E15 w1R. MONISM ORRw 9.1 worn R .r-R' (M..) m acme mom GYRM N911m 1 * ROAR ® xM P M J'-me MEL 002R MARE MR acVl.. swR.. ® a6M1 m+W1 oR 00u MN* A MOou. PE1.1W .1m w..9.9 ZRO MO, wu n..= w0:u.1M.9m WITCH IMPoSO 2. MO W.-HEAR. IT. II Apr Trtv op.. M EM1 sR ® 0[.. 10T Oar . 226i/r 00,,) x(O((i) bW4E0 Inls 11*04 cfsxD 5.9 ® I.S M• WON 099WE RE.090ED n CH01AM RR E..a 0,1n..n- ® macaw Rw* .MI ono* Ms ..R . 0.19 n 00 Kum. To ow/ A... ® FPWOYO b . M' . s/."MLL R0ME0 M.o. mA9 OYAo ® *AM Ca.srE y-M8 TIRE.O.wRO 0MC CW SMTp1 . ® FMOM 9191.41 Of 91 *WC 1' . f RWIEECEM I.R. ® iwR win r lr noon nes E¢¢M Es1M5 ® W*4 99.01290. VM2 mo %..0 ....... ,.,as see mev N WO, RIM0TC WI To. Iwm EMiE A.0'YL00Drnw mlw ® 000.E Darn 0000 91*S w2. ® mp2 msm0 wort TR* s Ix nu crcmc ®,...., wim ....„.S+K wwwn .m sllsm IEMM. ,, CV9M NND hRx O WM (ATM E0W0 BEM AB. T Rrm. Mo. mEMOR Il.0 ® E.612. IMOZwIS R.RRY TO no* ® MOW rel. G0 0 TO ROAN ® A.** WAR. um. row, ® mn.c *Dow TO in*. 000 2 •17 On w02 ® i .M. NOOKS SMLL Mo.L6 A snow w9..1. ucunrC19,, R( .HART N9 inr lie PREPARED FOR x cingular- REUSS 6925 LUSK BOULEVARD SAX DEGO. C6 92121 N,VRRVALS OAR (MK RR OrMST..<.R1 rR RR MIAX.w MR a.R .MRru DA 00 PROJECT HARE HIGHLAND OFFICE PROJECT HUUMBMER J1 114-02 2005 HIGHLAND A`/ELIUE. SUITE 12 NATIONAL CITY, CA 91950 SAH DIEGO COUNTY RR DRAWING 000ES ,z/s/s 7HAR. 2 1n,R. (.O n/R/m RYL ZV RKI. (HB oR/in/R pLoiTIOIC E0.1072 (I) o2% ,, non* *WM. (al II/pa/pa 180* RM(Y) C SHEET TITLE EQUIPMENT ROOM PLAN Mo,„T„, y.,..\p5,wnm1ma1A.9 s A-2 A INAN R .... REF m A-5 ARA ow.. WEST ELEVATION c9cl..w (m ORICIAAR Mem A... AN roeQ.q. z.DA. . 5EE SFEF! A-5 Nwsm AN. LLE ]a-o• MOM wow 1w411 1FwL 1Q RI¢i NORTH ELEVATION KEYED NOTES: waerm AN A ONO.. .>• ® mom= — ..>m .f-O' NQ whop.. o O61MG 0 1401 Ro. 00P 9LV959 O YmI0t T-YC.L M1RN0S • mum DP Q cams wRRR .w ADM s a1E * 59799 FlORMAL RAW F61i WV MP CCM WORN Em100 ..... 9aa WL 01 .q Rip1W19w GUM RN ® OEIM EIOE ram now ® Mow 990011 • DEI.ORM ® Daum sm. NMmp 99. ® Lamm URrs ® exanc tom 9G ® 1M195 sm. 999 ...0 aRORAM WORD MA Dam 14O149 — 1...1.-0. NON MONA.. VA. v. CM... ID 1. RIM MM. 9AIN MOM 91u WILL cocEPt LMORA1f RM -. 4F lamL-W me ® coma LVAS To RSYVL alma Kw wasv4E arm ® Tor... V®OYIM ....... ®, 5MR-rI6 141091E 90a 9.L ® MM. 4LMNK CO. ®MAIM o11/oo .Re. MORN.. 4 40. SM. PREPARED FOR x cingular- WI9ELE" 5955 TUSK BOULEVARD SAN DECO, CA 92121 1s APPROVALS art art mxRNCIc. art 919 .ro 09a„ am om 41RRNu art u PROJECT NAME HIGHLAND OFFICE PROJECT NUMBER SS0114-02 200S NCH4N0 AVENUE. SUITE 12 NATIONAL CITY. CA 91950 SAN 0N:C0 COUNTY u DRAWING 0Ara IR/L5/00 eew m eL.� (.11 12/11/01 rN4 xo 6N[9 E.0 loc./o6 ALA.. CON.. D. m% o/. Arveao. (N) 07/11/a nw.1u Py1mR. (d) 11/9/51 1ANOT5N9 AA1 (-) SHECT TITLE EXTERIOR ELEVATIONS .POIE:4�bquhl.05, 09n05, d.Mt.. LE A-3 PROPOS.OMER.WIEN. MO [MSYMOPµY OETAI.W. SEE SHEET 1 9r SOUTH ELEVATION RED WNWSS rw1 u SE[ tSSARKHER 01 rOx uO:PRAY PETAL ,100 C suBUT° 71-'5O]]:0'17SR[1L]) Qy EAST ELEVATION 0 PROPOSED PwY IP([ 91'-0. BROWN 1'. iiron t4."&w` ,%ann T KEYED NOTES: Ot mouse OgM moss muss PM W sods sew. M a M[NS. aS-0. NFti wVryR ® PROPOSED OCIIM mum ae. oaderuu mow .was RDY Pro 010.0fu9S O 06Dw L+m.E made. g6Pw WDS © owe. RRDA1 RDR r[KE a Ga name SI£<Vlu Cd O ease. ROOF RP AMC. nDP.R Of name 41RB BlT9 ®EXSIN. Wax. MN Ca. PM 4 ode. SOW Ware mrsn ▪ 5TRO WIDOW ® 103,1114 0005 pane sum PmR[w AAO 1110S171.r (se cure mum cOs dame ercpu seem ® nada nu.. woo 1R. ® dada near.. dose ® dada sew. ear. Daus u PEsvxmL 5 IIH mx wi0( uD mlwWM SCRUM O anrs INS. TAMP, Rtl. ® D G rue To mA.D, SUWArEs ® n6+x sues i0 RAW, sS,YL x[w Iu4Wii 9BR 6 ® 1V M TOTRD 041cup.W mum CiWNS ® WA DR: NIDI 9lrt�rAPE 0.wR15 BLOB W I ® gmOSm dururt Carr, ® and y".ffDID ® mucus ton made« mamas so medusa den. ea. WCAOSED cam CAW arch Rn.. same °duns sues owl NC. mai'nllmID WIG. Dos. w'LL & a RCRi,L<,uN E, Pt VT A PREPARED FOR x cingular- WIRELESS 0025 LKM BOULEVARD SAN DIEGO. 00 92121 A APPROVALS onu .rr.oru n.rt A PROJECT NAME HIGHLAND OFFICE PROJECT NUMBER SSO114-02 1C05 HIGHLAND AVENUE, SUITE 12 NATIONAL CITY. CA 91950 5AN DIEGO COUNTY 1 DRAWING DATES 1C/o1/A woo, [a) 11/19roa rilt, . slaw 1W1 w/1Ams LHl a/1R/u PA. COW.n ,, let �P.Mm. 01/11/0s aiirt.L IA/ 1I/W,W UNIMAK PLAT 0*1 SHEET TITLE EXTERIOR ELEVATIONS ACIRa, W l0l&olSI AOWl9O0I I*R.P911. A A-4 uONOP • 2]1' (LID FVIF RMI AT VHF HItlo (J) .,.10N0LE UONORAJl1 PETAL wtOe+ mprn, evert, L TYPt0 AM0BIN ANENT 2 AO DTA9 INS WPCS TOP Of PROPOSOC11142.1215 .W tt TmcoSE2 rwgAM MIEGF ANdxES" wa PINPOND MUM -MANNM IN %AIRS Wm. OE ME MOF.L 9mIAO 9r A wYi' Nil 144M1M PEONSE2 m 9w® MOONS O. f10. - le p0Wrl6 le wrr MIA Pm oAANIER AT MVO ool Aa NNAFA MEN POLE DAWNS rat (11) AVI0[O CNN. FOTLRF MONOPALM DETAIL PREPARED FOR cinguanE9Fr- la -1 6925 ILSR BOULEVARD SAN DIEGO. CA 921I1 N APPROVALS ONE nrt CONTA tNN one 9F A[P-l4 urt R.IN..lP.9vu PROJECT NAME HIGHLAND OFFICE PROJECT NUMBER SS0114-02 3005 HIGHLAND AVENUE, SUITE 12 NATIONAL CITY, CA 9,950 SAN DIEGO COUNTY DRAWING DATES r/PE/09 .N.• IS MIDI =M) yOWL1l.ris NT o n./N 00,0. EOY.Ip 5 (0) 0/1v« r'`M-.PN: Celadrs oieoN ("a, 01/11/N l C SLOW,.(N 11/ah. or. (w) SHEET TITLE HONOPAIM DETAILS N01ECTfl00*\PS,000,00IS01SA., A-5 CONCEPT LANDSCAPE PLAN PLANTING NOTES DMEM(M„NME M MOO [D DE MMD V IM MNx[n N„ �tNPNONTOX MN ros(ie1=�cwOc(m wu;:(s"�`.Js rm..,_.s xED1.Iwn r'r Muxt wp sS ET . 0rtAx ..L PE 3W up Sr4a VAT {FAST 13 RI0 v (=ru'o' s M c1 w.wN .R. I..D cEr�eMfM: N.,,1,M um..o[ zr.Mo.MDS. (POFO CO.'/N2 . rynn lrµ-[I r07(5 9 a Ix oc. 0.0.N CROSS w1M[0) 3 cwxau mN `DM =t WPG 1KMESIwSA[ EIZT M[ C0500It1M . 47170 E CE ix( IDTO,01 NEST OPOIZMOp 053111. 30103(: 1t0[i) 0ll-35W ME N.MNANCC MueNExr M. wr-a'-... 4iw v ASSUME (v11E1awCC P[S1aONiS&N1[5E IN Ix[ Ne(c ixlx A<x IIM[ .S N MfM'Ev [xiM M 5 P L.ED L OEENt 11 A Ifeetf ` BU VOICSCAPEVAnfrAniED IXEn5 ArD u[ MW 1. Sfo[.TNT DT P(WLrL FxO MNC[N pn 1x 13001, CO OE. "µr u1GW SHIA ME L15t14rgr TNMGT(D [0 N [wW.M(MMDM'EN Ox wWmyOZ ,,`,r=19.I.IMd NRWi[D .5cen � (or . . e..� MDN:ro. WATER CONSERVATION NOTES OOMMONTL LAMMED .NOS 14 BE 41nq T PPwfxr, MOso S. Lommom. MOM. STMOS USW' W PROMMrpM nra M4 POP VP WNW MOS 949. 01°-rtwOmtum ;AMU . amuRVro nIomn OTE aON.MOMS PNm M B ut MOM Mfl3 MI. OE ....am. n l6D MO CCM FM MOM T.Y1 D[II IM wruwl SMTY E OW of M mom prat wAN OSTROM. f Slb Iq M WASH STIMM (MR !. WV.. KIM SWl VC 09 0 1 PITI M O MANce L3 w Wtl1AE OEWOM SYS0W. CONTROL AT AITT OMR DE mom TMM CAM PIVAMi MGM N M63ME ENu BE MAW@ MUM M. m AMO IxC4 COMMONS 9. MI MM.. IMMIX, PTO MM swu B( Isom orwre OR CONTR.. TO M MT M R NAME POMMO. 0M-CR. OI AMOUT MD 16M6 PRICATICII Mum W. R MVO OR MBA. TO w2EDe[MOVE urn-1MmO a SOMA. MUT, 9r1 N01-DLOOMIm me NM REVEGETATION REQUIREMENTS 1. w7 uusmi Nw 00*0 MI�x*nn PNLvwnl0MARAMDC °Ara 009D- 9TMM'.1w mpg. cm 2 a FAW W. DISTURBED OR ERODED ANDS MT NI NW 9E P0BOpM1Y PAM OR <MED Et IN MGMOMEB FM R1 SUMO. IN MRED AIR MGM AS 511011/1MID &lt IT WAWA IN iNl IN1-0[r ND & N.A.1t D.1 F r1M'RID. PREPARED TOR X cingular- WIRELESS MS (USA( BOULEVARD SAN DIEGO, CA 92121 It APPROVALS DATE coomy000., OM orM[P VPPovu DATE PROJECT NAME HIGHLAND OFFICE PROJECT NUMBER SS0114-02 2005 HIGHLAND AVENUE, SUITE 12 NATIONAL CT', CA 91950 SAN DIEGO COUNTY 11 DRAWING DATES lye,. m 1(va1 TM) I9Tvm TM IV NNM1(U 0/l1Fu DWI. MAW" CO Wla/D( r0Mmi mama (r1) m n/94 mrars (—) m00WMF�TMu(a) GT lTM Pu 11/04/14 wow. rum two a SHEET 11(U CONCEPT LANDSCAPE PU1N MMJECISM,MAOSToo4057 501w.1 11 L-1 c ADD. LEGEND BC nonou OF CORK RLi4 ELECTRICAL TRANSFORMER FINISH FLOOR L u1rt PO. TOP NG CROONS P5 PAINT STRIPING W MEW. RODE SM. CRVN W0000 FLOOR R'EL ROOF OF PIPE ELECTRIC, RRAGS ROOF MODE OREM ROOF MOSES RF00 OT ROOF MFRWNC RYA ROOF PARAPET RRC ROOF SCREEN PAIL ASA ELEM.. RM RROOF VENT MELTPIATFORO MOP ROOF TOP SATAL,TE SODA SOMAS., INLET 90EW41( TC W OF CIAO Aµ1 WALL - - SWN:APT LINE MSC PROEM, ENE MIS T _ LAS 0IO111 OF rim .NNE EASEMENT UNE FENCE LINE cAIR�E� / oCrA/ DOGS APR 611E-male-00 VICINITY MAP LOTS 1 00 6 INCLVSVE m BLOCK 6 OF PAWS ADDITIONAL TO BARON. OTV,, IN ME On DE HATKNIL CITT COUNTY 00 SAN 0E00, STATE 00 CALIFORNIA, n00060I0 TO YAP GEREOF NO. 251. PLED 111 THE OGEE OF 1HE COUNTY RECORDER CV SAN 0IEP-0 COME E001104 ER 2 ABB]. PROPERTY LEGAL DESCRIPTION (WAIn0G FA 11TLE) OWNER% HAMS Am. Fay OWNER'S ADORES& mm AMIGO VC. NA GAL Ott. 00 91Y50 ASSESSORS PARCEL NUMBERS) DP-so-m-W (NAO al: EPew ]oo]) LATITUDE LONSIUDE SECTORS', 3T6601.11P t4o1P 11F0529<1P 1Aw1 BASS OF BEARINGS: ME BOON. 910C1 GEM ARE RASED OV 10E NORM As CENM0 RY CEPS OLmIVARPIS. USING TRIBBE SA0/5600 REMORA NO OGRE 1000010 GEES LBO SOFTWARE BASS OF ELEVAROIS: BARD TAB ELVA.. ME EV40 ON OS CfliNVAIONS EROW I110 NATIONAL QOXTC AWAY GOBS AGRA £ SWIMS 1) Pu0 ARTA)IW . MAR NQ E YCNP. Q.V. . 3151.131' MM GE0099 CORREC110N5 SITE DATA j0YA Rom GP Ifl01A1.1. Nalienal FAA 165100nce Ortoram' CWnty:son Opa Effective Wtte 6/19/1991 Panel: I902 CanmanRyy-Pond Name..: 0607301112 F The Flood Zone D..•'gl0tian For VA site is: ZINE - Y FERIA FLOOD ZONE INFORMATION 1) TN. • nN a bond, funny. R. • oGIG* GR091mnz 1ie n net. r100wn.. °6• a surw.i1ng.ex �4onalo100 Noreen aro horn °! AAA tl •Amy to "MOM IMunWn Glop IAn no Lana Gram.. AG Iwxn. No 0. 1°oe0OA.°0 GAGA A Oar] Swo1a. 150, 2) Any min nnao to M d1Nn1Um on Go PIA ARAo1 IM *Gm 9aW6ly. ee 00ya slnryln9. In0 14..eo MO Mv..Fl, inc. 05 any *02 al 3) A® on., A GAGA* ant Po RAGA • c0PFlynt o1 AG • Im. t GO PR Lo nwont.On ory Aiwa wont AAA by gr. 1100* =W. bw Sum,. WAG GA* AA Ids GAGA uar GAO ex AO0 M .w*04 0 IA p6 00°. G 0,omm., AM N b1o09M (0N. not. o1 M AGAR prior 10 mMenoman {) PG Nm7 0n1PNt.a on NO6961ER 3, IONS. GENERAL NOTES .UR CONO OMR n1 PARCEL WP A*Nµi • 00*00 u(TFR .0 B01CN 00 CURB r PGRA POLE •00 GANG nos RECORD OF SIGET MGR° 0 ROOF pOM CONCRETE ^ ROOF OUTLET • CONTROL PONT A1V ROOF TOP 0000 • ROG GP • ELEC1*C BOA • YM1MI 5EMF0 YG91Cl0 FENCE a CUr 1w0 MANI • SEWER CLEW SIG POST • F0800 GAM. •• pwo SPOT EGA. G5 BEIER • SPARKLER • GAS VALVE • STORM MAI MWO0E • GPS POINT - GAGA.. BON .dam cum, 3*1. O TELEPAHE GAME • OW MYAOR O Tnun0IE PEAnAL HEATER BI TOAORAIR BEROBM8 ▪ AEI mix RSPCA EGG. MGM BOX TOP OF CBI® MOT. VALVE • WV BOOM AWOL BOX O 110Sfl0 SO. POLE M I10TT 4PO0TO O TREE • MIR STREET unur0 POLE ( ) MEASURED OGTANIE • RAW METER • 10060000 WELL PROPRIETARY INFORMATION m OW cats M.'IM11°il o olrs n 0110110TAKE WY GM VG TAP GAG 5RARY TO 011OIIIY° GAA S 6 SACRY N10111•1110. DATE: II/11/200S SURVEYOR: DAVID A. MOYO OM. BY: DAF CHECK BY: OAF R p IBEN R OVERALL SITE PLAN ra PRELIMINARY TITLE NOTES: LEGEND MA„9° MST DAMIT, 0 RED N 0 0 V A- Z 0•F EC U =o re U 0 U C •- < AD N 1 SITE HARE: HIGHLAND OFFICE BLDG SITE NUMBER: SS0114-02 SITE LOCATION: 2005 HIGHLAND AVE. NATIONAL CITY. CA 91950 TITLE: SITE SURVEY SKEET NUMBER: C-1 311S 11YEI3A0 z 4 m 0 .�ntl oN"�H 1 6 yIc -a q�s JF 61F 13 \ \ bb 4Yt 111 hriff; if' Ili'; 3S� I. fig 8 :IV If €R s 1 IFLOYD /4`SURVEYING,INComLir 7a—assa MI Om) 'se ow as> R...rwx m 40 t1F 1' 1 g• 1 3 tt aPy P°s'AMr;'�agg�appat��� lap FqR118441149aa'4FR1 aaaa1eee cingular WIRELESS 6170 CORNERSTONE COURT, SUITE 180 SAN DIEGO, CA 92121 D f'l z z ty City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 18 (7TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO� THE PERIOD OF 01/04/07 THROUGH 01/24/07 OF $732,497 PREPARED BY Associate Accountant 619-336-4269 Margarita Garcia EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Approved by: CIO"? R Tess Limfueco, Finance Director Total expenditures for the period of 01/04/07 THROUGH 01/24/07 amount to $732,497. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. This report is:.available in the City Clerk's -office for viewing. A-200 (9/80) Payee FOR MEETING OF FEBRUARY 6, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 01/04/07 - 01/24/07 Description Chk No Amount CDC CHRISTENSEN SCHWERDIFEGER CORPORATE EXPRESS INC DEPT OF ENVIRONMENTAL HEALTH DESROCHERS,PAUL ESTRADA LAND PLANNING FEDERAL EXPRESS FOLEY & LARDNER GE CAPITAL GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES INFRASTRUCTURE ENGINEERING KEAGY REAL ESTATE LASER SAVER, INC. LAW OFFICE OF DON DETISCH LIPMAN STEVENS & THENE, INC. NATIONAL CONSTRUCTION RENTALS OPPER & VARCO 1,LP POWER PLUS ROSENOW SPEVACEK GROUP INC. SAN DIEGO GAS & ELECTRIC SCS ENGINEERS SOUTH COUNTY ECONOMIC DEV COUNCIL THE STAR NEWS AMERICAN PLANNING ASSOCIATION CALIFORNIA CENTERS MAGAZINE D. J. YERKE, MAI, SGA DR. DON SCIGLIMPAGLIA LUCAST CONSULTING NATIONAL CONSTRUCTION RENTAIS POWER PLUS PROJECT DESIGN CONSULTANTS PURCHASE POWER RORE SAN DIEGO CLIPPING SERVICE SAN DIEGO COUNTY TAX COI.J.FCTOR SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC VERIZON WIRELESS CORPORATE EXPRESS INC HEALEY CONTRUCTION CO. MAYER HOFFMAN MCCANN PC SKILLPATH SEMINARS CDBG BOYS & GIRLS CLUBS OF NATIONAL CITY COMMUNITY YOUTH ATHLETICS MAYER HOFFMAN MCCANN PC i h�li'0r PURPLE COW -LEGAL SERVICES CDC OFFICE SUPPLIES C&M MEAT RETIREMENT BENEFIT- JULY 06 THRU DEC 06 HIGHLAND AVE STREETSCAPE PHASE 1 NC BLVD STREETSCAPE/FOUNTAIN PROJECT MARINA GATEWAY -LEGAL SERVICES COPIER RENTAL-REDEV ENV CONSULTING FEES COSTCO WHOLESALE PROJECT DOWNTOWN SPECIFIC PLAN APPRAISAL - 1640 E PLAZA BLVD INK CARTRIDGES YOUNG SOOK KIM - CDC VS PARK VILLAGE APPRAISAL SERVICES FOR THE COVE EQUIP RENTAL-1640 E PLAZA BLVD PARK VILLAGE/GENERAL AQUATIC CENTER -EQUIPMENT RENTAL-11/05/06 - 12/02/06 PROFESSIONAL SERVICES - NOV 06 UTILITTF,S- 2300 CT FVELAND AVE CLEVELAND/CUYAMACA PROPERTIES SCEDC - PROFESSIONAL SERVICES PARK LOFTS/HARBOR VIEW PRO MEMBERSHIP & SUB FEE SUBSCRIPTION RENEWAL-ECON DEV APPRAISAL SERVICES PROFESSIONAL SERVICES PRO FEES - LCP IMPLEMENTATION FENCE EQUIPMENT RENTAL AQUATIC CENTER -EQUIPMENT RENTAL- 12/03/06 - 12/31/06 FOUNTAIN PROJECT - NC BLVD POSTAGE METER REFILL ENVIRONMENTAL SERVICES CLIPPING SERVICE PROPERTY TAX - 1640 E PLAZA BLVD PUBLIC NOTICE GAS & ELECTRIC CELLULAR PHONE SERVICE OFFICE SUPPLIES FOOLAND FACADE AUDITING SERVICES FOR FY 05-06 ADMIN ASSISTANCE SEMINAR SUBTOTAL - CDC: CLAIM FOR FY 06-07 CDBG CLAIM FOR DEC 06 AUDITING SERVICES FOR FY 05-06 SUBTOTAL - CDBG: 111 16741 16743 16744 16745 16746 16747 16748 16749 16750 16751 16752 16754 16755 16756 16757 16758 16759 16760 16761 16762 16763 16764 16765 16766 16768 16771 16772 16774 16777 16779 16781 16782 16784 16785 16786 16787 16788 16795 16796 16797 16798 16799 16740 16742 16798 $477.50 91.74 4,370.00 660.00 1,361.02 35.96 2,997.50 212.36 776.80 18,633.43 455.10 2,931.25 574.98 13,622.74 3,000.00 62.35 21,439.90 195.00 825.00 338.59 12,050.34 5,000.00 166.56 588.00 195.00 12,000.00 4,500.00 137.50 87.00 195.00 39,302.21 39.60 282,585.00 70.55 512.36 79.75 86.21 2,027.32 53.46 44,293.50 8,025.00 199.00 $485,254.58 $15,725.00 1,666.67 500.00 $17,891.67 Payee FOR MEETING OF FEBRUARY 6, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 01/04/07 - 01/24/07 Description Chk No Amount NUTRITION JOSEPH WEBB FOODS CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CULLIGAN WATER JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE REED'S RESTAURANT EQUIP. SVC. SAN DIEGO GAS & ELECTRIC SANCHEZ, MANUEL SIERRA SPRINGS SLETTENGREN,INGRID SMART & FINAL SYSCO SAN DIEGO SYSCO SAN DIEGO MAYER HOFFMAN MCCANN PC HOUSING ASSISTANCE PAYMENTS CORPORATE EXPRESS INC EQUIFAX CREDIT INFORMATION SERVICES NAN MCKAY AND ASSOCIATES, INC. NATIONAL CITY COLLABORATIVE PURCHASE POWER VERIZON WIRELESS XEROX CORPORATION CANO, ALICE GMAC MORTGAGE HAPPY SOFTWARE MAYER HOFFMAN MCCANN PC PAYROLL PAYROLL FOOD/CONSUMABLES FOOD/BREAD MEAT PURCHASE WATER SOFTENER FOOD/CONSUMABLES FOOD LINEN SERVICE JANITORIAL SUPPLIES KNIFE SHARPENING R&M KITCHEN EQUIP GAS & ELECTRIC MILEAGE REIMBURSEMENT FOOD PURCHASE FOOD / CONSUMABLE FOOD PURCHASE FOOD PURCHASE FOOD PURCHASE / CONSUMABLE AUDITING SERVICES FOR FY 05-06 SUBTOTAL -NUTRITION: TOTAL -GENERAL FUND: EWA MANUAL PAYMENTS S8 OFFICE SUPPLIES BACKGROUND CK FOR S8 APPLICANTS S8 MASTERBOOK-FINANCIAL MGMT SECTION 8 FSS ADMIN FEE - DEC 06 POSTAGE REFILL CELLULAR PHONE SERVICE EQUIPMENT RENTAL MILEAGE REIMBURSEMENT FOR 10/06, 11/06, & 12/06 S8 FT FCTRICITY CHARGES S8 SIGNATURE UPDATE CHARGES S8 CHARGES TOTAL - SECTION 8: PPE 01/01/2007 PPE 01/15/2007 TOTAL - ADMINISTRATIVE REVOLVING FUND: 16753 $1,718.21 16767 780.55 16769 4,060.73 16770 139.40 16773 5,783.45 16775 1,036.40 16776 176.94 16778 3,272.14 16780 80.00 16783 184.04 16788 1,930.23 16789 46.73 16790 21.70 16791 80.33 16792 71.52 16793 6,353.94 16794 1,922.50 16798 1,000.00 $28,658.81 $531,805.06 $11,172.58 10303 263.67 10304 56.81 10305 214.00 10306 8,666.66 10307 39.60 10308 580.28 10309 669.62 10310 30.63 10311 253.49 10312 50.00 10313 2,000.00 $23,997.34 11111111 $88,333.90 88,360,70 $176,694.60 TOTAL OF ALL FUNDS: $732,497.00 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 6, 2007 AGENDA ITEM NO. 19 (ITEM TITLE Resolution approving a Second Amendment to the Exclusive Negotiation Agreement (ENA) between Palm Plaza Associates, LLC and the Community Development Commission of National City for a 1.07-acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20) and authorizing the Chairman to execute said Agreement. PREPARED BY DEPARTMENT Xavier Del Valle Community Development Commission Senior Project Manager EXPLANATION On January 10, 2006, the CDC and the Acevedo Group entered into an Exclusive Negotiation Agreement (ENA) for a 1.07-acre parcel located at 1640 East Plaza Boulevard. The purpose of the ENA is to encourage the revitalization of the underutilized parcel, which is owned by the CDC. Since the ENA's approval, the Acevedo Group partnered with a local developer to prepare plans to develop a residential/commercial mixed use project for the subject parcel, as well as for a parcel they control just west of the location. On June 20, 2006, the CDC approved an assignment of the Agreement with the partnership's newly formed Palm Plaza Associates, LLC. In July 2006, the Executive Director extended the Agreement for an additional 180 days to allow the developer additional time to undertake due diligence activities and assess project feasibility. Palm Plaza now desires to extend the Agreement for an additional 180 days to allow more time to refine the project conceptual design plan, and complete DDA negotiations, land use entitlements and environmental studies for a project on the subject parcel. An extension of the ENA requires CDC approval. Environmental Review The proposed Agreement is exempt from CEQA review. Financial Statement A $25,000 deposit from the Developer has been received by the CDC to offset the costs associated with implementing the Agreement. STAFF RECOMMENDATION Adopt resolution approving a Second Amendment to the Exclusive Negotiation Agreement between Palm Plaza Associates, LLC, and the Community Development Commission of National City for a 1.07-acre parcel located at 1640 East Plaza Boulevard. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS 1. Resolution 2. Second Amendment to Exclusive Negotiation Agreement Resolution No. J A-200 (9/80) J RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN PALM PLAZA ASSOCIATES, LLC AND THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY FOR A 1.07-ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (APN# 557-410-20) WHEREAS, on January 10, 2006, the Community Development Commission of the City of National City (CDC) and the Acevedo Group entered into an Exclusive Negotiation Agreement (ENA) for a 1.07-acre parcel located at 1640 East Plaza Boulevard; and WHEREAS, since the ENA's approval, the Acevedo Group partnered with a local developer to prepare plans to develop a residential and commercial mixed use project for the subject parcel, as well as for a parcel they control just west of the location; and WHEREAS, on June 20, 2006, the CDC approved an assignment of the Agreement with the partnership's newly formed Palm Plaza Associates, LLC; and WHEREAS, on July 12, 2006, the CDC Executive Director, in his sole discretion extended the Agreement for an additional 180 days to allow Palm Plaza additional time to undertake due diligence activities and assess project feasibility; and WHEREAS, Palm Plaza and the CDC desire to amend the Agreement for an additional 180 days to allow more time to refine the project conceptual design land, and complete DDA negotiations, land use entitlements and environmental studies for a project on the site. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Second Amendment to the ENA with Palm Plaza Associates, LLC for a 1.07-acre parcel located at 1640 East Plaza Boulevard. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 6`h day of February 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, Ill Legal Counsel Ron Morrison, Chairman SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AND PALM PLAZA ASSOCIATES, LLC This Amendment, effective as of February 6, 2007, is made by and among the COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ("CDC"), a community development commission and PALM PLAZA ASSOCIATES, LLC, a California limited liability company ("DEVELOPER"). WHEREAS, on January 10, 2006, the Acevedo Group and CDC entered into an Agreement for a 1.07-acre parcel ("SITE") located at 1640 East Plaza Boulevard, National City, CA; and WHEREAS, during the exclusive negotiation period , the Developer partnered with the Planet Development Corporation and Desert Wells, LLC to prepare plans to develop a residential and commercial mixed use project ("PROJECT") for the Site, as well as for two adjacent parcels owned by the Developer; and WHEREAS, as a result of their partnership, the Developer requested and the CDC approved on June 20, 2006, an assignment of the Agreement to their newly formed Palm Plaza Associates, LLC.; and WHEREAS, on July 12, 2006, the CDC Executive Director, in his sole discretion extended the Agreement for an additional one hundred and eighty (180) days to allow the developer additional time to undertake due diligence activities and assess Project feasibility on the Site; and WHEREAS, the Developer and CDC desire to Amend the Agreement for an additional one hundred and eighty (180) days to allow additional time to refine the Project Conceptual Design Plan, and complete DDA negotiations, land use entitlements and environmental studies for a Project on the Site. NOW THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS FOLLOWS: 1. The Developer and CDC shall continue exclusive negotiations for an additional one hundred and eighty (180) days to refine the Project Conceptual Design Plan, and complete DDA negotiations, land use entitlements and environmental studies for a Project on the Site. Accordingly, the deadline for accomplishing these tasks is August 6, 2007. 2. With the foregoing exception, each and every provision of the Agreement shall remain in full force and effect. Page l of 2 2nd Amendment to Agreement IN WITNESS WHEREOF, the Parties have entered into this Amendment as of February 6, 2007. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission PALM PLAZA ASSOCIATES, LLC, a California limited liability company By: By: Ron Morrison, Chairman ATTEST: By: Brad Raulston, Secretary APPROVED AS TO FORM: By: George Elser, III CDC Counsel Dated: By: Page 2 of 2 2nd Amendment to Agreement ITEM #20 2/6/07 POLICE CHIEF UPDATE ADOLFO GONZALES