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HomeMy WebLinkAbout2007 02-20 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 20, 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 espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponlbles en el pasillo al principio de la junta. I ff Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/20/07 Page 2 CITY COUNCIL PRESENTATIONS 1. Presentation by America Donatto to City Council for their participation in Relay for Life. 2. Report for Transportation Plan for the City of National City. (Engineering) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of the minutes of the Adjourned Regular City Council/Community Development Commission meetings of January 9, 2007 and January 16, 2007. (City Clerk) 4. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City denying a Conditional Use Permit for a wireless communications facility at 1526 East 18th Street. (Planning) 6. Resolution of the City Council of the City of National City adopting an amendment to the Regional Transportation Improvement Program (RTIP) of SANDAG to include a new funding for installation of sound -walls along the east side of 1-805, north of Plaza Boulevard. (Engineering) CONSENT CALENDAR (Cont.) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/20/07 Page 3 7. Notice of Decision — Planning Commission approval of a zone variance for Tess than required front yard setback for a single-family residence at 835 East 2nd Street (Applicant: Patrick Debaca) (Case File Z-2006-3) (Planning) 8. Notice of Decision — Planned Development Permit for a new single-family home on a lot with an existing home at 1931 A Avenue. (Applicant: Aimee Amarillas Anaya) (Case File No. PD-2006-6) (Planning) 9. Neighborhood Councils monthly report for January 2007. (Community Services) 10. Temporary Use Permit — Inflatable Air Dancer at Liberty Tax Service located at 1615 Plaza Blvd. from February 21, 2007 to April 15, 2007 from 7 a.m. to 9 p.m. daily with no waiver of fees. (Building & Safety) 11. Temporary Use Permit — Bayview Tower Advertising Banners located at 801 National City Blvd. from March 1, 2007 to September 30, 2007 with no waiver of fees. (Building & Safety) 12. National City Transit Monthly Report for February - 2007 (National City Transit) 13. WARRANT REGISTER # 28 (Finance) Ratification of Demands in the amount of $1,271,797.47. 14. WARRANT REGISTER # 29 (Finance) Ratification of Demands in the amount of $625,666.96. CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA ORDINANCE FOR INTRODUCTION/20/Oi Page 4 15. An Ordinance of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code from IP-PD to RM-3PD for an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File No. GP-2006-I/ZC-2006-1) (Planning) NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City adopting an Amendment to the Combined General Plan/Zoning map from IP-PD to RM- 3-PD for an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File Nos. GP-2006-1/ZC-2006-1) (Planning) 17. Resolution of the City Council of the City of National City authorizing execution of Order to Vacate and Close portions of 7th Street east of Burden Drive and west of Arcadia Avenue. (Applicant: Generations Development, LLC) (Case File No. SC-2006-1) (Planning) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for grant funds in the amount of $125,000 from the County of San Diego for the completion of a soccer project at Kimball Park. (Community Services) 19. Resolution of the City Council of the City of National City approving a transfer of Community Development Block Grant funds for the Arena Soccer Project. (Community Services) 20. Resolution of the City Council of the City of National City approving an adjustment to the compensation of the City Attorney. (City Attorney) 21. Resolution of the City Council of the City of National City approving the transfer of funds from the Undesignated Fund Balance Account to the Personnel Compensation Account not to exceed $108,000 to support a one- time incentive payment for certain employees in the Executive and Management Groups. (City Manager) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/20/07 Page 5 WRITTEN COMMUNICATIONS 22. Request by the International Community Foundation for City Council to initiate a land use change for properties located at 2505 and 2525 N Avenue. (Walton House) NEW BUSINESS 23. Report on the possibility of zoning action to address conflicting land use and public health issues on the west side. (City Attorney) 24. Discussion to reinstate and appoint staff to the Asthma Committee. (Council initiated) 25. Status Report: Schedule for processing of the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) program applications and scheduling a Public Hearing. (Community Services) 26. Certification of Sufficiency of Initiative Petition to repeal sections 4.60.010 through 4.60.180 of Chapter 4.60 of the Municipal Code of the City of National City (Proposition D). (City Clerk) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 27. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 01/25/07 through 02/07/07 of $820,809.38. (Community Development Commission/Finance) 28. Resolution of the Community Development Commission of the City of National City approving an Agreement with Rosenow Spevacek Group, Inc. and authorizing the Chairman to execute the Agreement. (Community Development Commission) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 2/20/07 Page 6 CONSENT CALENDAR (Cont.) 29. Resolution of the Community Development Commission of the City of National City approving a Mutual Rescission Agreement by and between the Community Development Commission and Olson Urban Housing, L.L.C. (Community Development Commission) NON CONSENT RESOLUTION 30. Resolution of the Community Development Commission of the City of National City approving a one-time incentive payment for full-time Community Development and Nutrition Center employees, (Community Development Commission) STAFF REPORTS 31. Verbal Update on the Heartland Communication Mobile Data Computers Program. (Fire) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — National City City Council/Community Development Commission Strategic Planning Workshop — Wednesday — February 28, 2007 — 6:00 p.m. — Kimball Senior Center — 1221 "D" Avenue — National City, California Next Regular City Council and Community Development Commission Meeting - Tuesday — March 6, 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 ITEM #1 2/20/07 PRESENTATION BY AMERICA DONATTO TO CITY COUNCIL FOR THEIR PARTICIPATION IN RELAY FOR LIFE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 70, 2007 2 AGENDA ITEM NO. / ITEM TITLE Report for Transportation Plan for the City of National City pREPARED BY Stephen Manganiello EXPLANATION See attached. DEPARTMENT Engineering EXT. 4382 CEnvironmental Review N/A Financial Statement Not determined at this time. MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION City Council review the report provided hich summarizes the key components of the Transportation Plan. BOARD / COMMISSION RECOMMATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Executive Summary A-200 (Rev. 7/03) TRANSPORTATION PLAN FOR THE CITY OF NATIONAL CITY EXECUTIVE SUMMARY Introduction The purpose of this plan is to outline a methodology for identifying deficiencies and safety concerns related to the City's transportation system, through organized data collection and analysis, in an effort to recommend and implement effective improvements. Our goal is to "develop a proactive approach to transportation planning and traffic operations to improve safety, efficiency of travel and quality of life. This plan will discuss data collection activities, schedule, costs, funding opportunities, and research of new technologies such as red light cameras. By investigating existing deficiencies we can determine those locations which pose safety concerns and/or result in poor operating conditions. Once we have this knowledge in hand we can proactively implement improvements, rather than relying on the public as our primary source for identifying system deficiencies. The plan involves data collection and analysis to verify existing conditions, test different types of improvements at impacted locations, plan for future development, and quantitatively measure results. Coordination between City departments will be critical for implementing individual programs, policies and procedures. The following objectives will help us achieve our goal: 1) Identify relevant types of traffic data 2) Identify locations for data collection 3) Develop data collection and monitoring procedures 4) Develop data management systems 5) Define and evaluate measures of effectiveness for analysis 6) Recommend improvements Implementation Our methodology for implementing a proactive approach to improving the City's transportation system will involve development of an organized data collection and management system. Activities will be ongoing in an effort to improve existing conditions and prepare for new development. Recommended improvements will be based on engineering analysis, estimated costs and public benefits. The following discussion briefly summarizes the individual components of our transportation plan. 1) Identify Relevant Types of Traffic Data As limited traffic data is presently available on file, we will need to gather new data in the field to better evaluate existing conditions and prepare for future development. Examples of typical traffic data are as follows: February 7, 2007 • Traffic Volumes o Daily roadway traffic counts o Peak period intersection traffic counts (includes pedestrian counts) • Intersection Data o Geometry o Traffic control o Signal timing o Signal hardware o Lighting o Pedestrian/ADA facilities • Roadway Data o Right of way and cross section widths o Topography and sight distance (obstructions, vertical and horizontal curves, etc.) o Number/type of lanes o Driveway access o Parking o Bus stops/shelters o Pavement condition (including curb and gutter, and sidewalks) o Traffic control (including signing, striping/pavement markings, curb markings, and physical barriers such as medians and channelizing islands) o Traffic calming devices o Pedestrian/ADA facilities • Accident Data • Speed Data • School Zone Traffic Control (including pedestrian/ADA facilities) • Railroad Crossings • Bus Routes • Truck Routes • Research (funding, new technologies, public outreach) 2) Identify Locations for Data Collection We will coordinate with Community Services, DPW, Police, Fire and other City dcpartments in an effort to prepare a list of key locations for data collection. The following criteria will be applied: • Major travel route • High traffic volumes • High accident rates • Poor geometric configuration • Poor sight distance • Public complaints • Proximity to schools • Future redevelopment area February 7, 2007 3) Develop Data Collection and Monitoring Procedures Each data type will involve different data collection procedures, some of which will involve training. Some of the more comprehensive processes such as gathering roadway data can be simplified to focus on specific areas such as parking or review of pedestrian facilities, for example. While initially we will need to gather data using City staff or outside consultants in order to generate baseline conditions, many of our future data needs will be provided through our review of traffic impact studies for proposed development projects. Sizeable projects are required to commission traffic counts, analyze critical locations, identify significant impacts, and recommend improvements. The following matrix summarizes typical data collection activities, including associated cost estimates and frequency of data collection. Monitoring procedures will be developed to assess changes in operations over time and validate the frequency of new data collection. Data Type Cost Process Frequency Traffic Volumes • Daily roadway segment counts • Peak period intersection traffic counts $200 / location $400 / location Count firm lays tubes across roadway for several days. Count firm records all vehicle turning movements (including pedestrians) at each intersection. Peak periods are typically 7-9am and 4-6pm. Every two years Every four years Intersection Data $1,000-$3,000 / signalized intersection Field review of safety and operations including, geometry, traffic control, signal timing plans, signal hardware, lighting, pedestrian/ADA facilities, etc. Every five years Roadway Data Arterials: $3,000 / mile Collectors: $2,000 / mile Local streets: $1,000 / mile Field inventory of roadway widths, number/type of lanes, driveway access, parking, bus stops/shelters, pavement condition (including curb and gutter, and sidewalks), traffic control (including signing, striping / pavement markings, curb markings, and physical barriers such as medians and channelizing islands), traffic calming devices, pedestrian/ADA facilities Every five years Accident Data $3,000 to develop system Coordinate with the Police Dept. to develop a database that will allow NCPD to transfer accident data electronically to an in-house system that will allow us to sort accidents by date, location and type, and also map the data Ongoing (once system is in place) Speed Data $700 / location (new survey) $300 / location (rccertificationL Conduct speed surveys along roadway to determine accuracy of posted limits. Required by State law. Speed data is also needed to determine speed hump warrants. Coordinate with NCPD. Every five years School Zone Traffic Control (including pedestrian/ADA facilities) $5,000-$7,000 / school Survey school zones for traffic control and safety, then recommend improvements. Meet with school staff to review safety issues, drop-off zones, circulation and pedestrian facilities/routes. Safe Routes to School Program is already underway for seven area schools. As needed 3 February 7, 2007 Data Type Cost Estimate Process Frequency Railroad Crossings $1,000 / location Review condition and operations of at -grade railroad crossings, including system hardware, approach signing and striping, and pavement condition. Every five years Bus Routes n/a Work with MTS to review current bus routes and proposed changes to system Coordinate with MTS Truck Routes $5,000 - $7,000 Review current truck routes. Identify truck circulation changes based on new development. Every five years Research (funding, new technologies, public outreach) n/a Research funding opportunities for data collection and system improvements. Examples include, TRANSNET, Homeland Security, HSIP and SAFE. Research new traffic safety technologies such as in -pavement lighting for pedestrian crosswalks, red light cameras, signal preemption for emergency vehicles and police, and pedestrian signal heads with visible countdown clocks. Research and implement public outreach. Examples include presentations at community meetings and educational pamphlets, electronic message signs, banners and billboards displaying safety messages, and portable radar devices which display vehicle approach speeds and warn drivers to slow down. Ongoing 4) Develop Data Management Systems Once data is collected, data management systems must be in place to record, process, store and share data efficiently. Typical programs that will be used to manage data include Microsoft Access, Microsoft Excel and GIS. Special software packages or unique database systems may be needed depending on the type of functions desired. For example, we recommend the purchase of Synchro Traffic Analysis Software to better enhance our capabilities to analyze intersection conditions, test timing plans for coordinated signal systems, and keep an up to date inventory of traffic volumes, traffic control and geometry at key intersections throughout the City. Synchro is widely used throughout the country and particularly in southern California, serving as an industry standard for traffic systems analysis. The cost to purchase Synchro is roughly $4,000. We have recently purchased and installed QuicNet Traffic Signal Control Software which allows us to monitor the City's traffic signal operations in "real time" to check for system failures and modify signal timings from a central computer in-house. This software will greatly enhance our ability to implement signal coordination along the City's major corridors (i.e. National City Boulevard, Plaza Boulevard, Highland Avenue, etc.), improve efficiency of travel, and reduce queuing and congestion. Coupled with a new underground fiber optics signal interconnect system, National City is now equipped with Februmy 7, 2007 the latest technology for signal timing and operations. Other capabilities include integration of video feeds, signal preemption for emergency vehicles and police, high- speed data transfer, and automated activity logs. 5) Define and Evaluate Measures of Effectiveness for Analysis Evaluating measures such as level of service, travel time, speed, delay and number of accidents can assist in determining when improvements are needed and the effectiveness of each improvement once implemented. City standards are in place for evaluating operations and significant impacts based on performance criteria thresholds for level of service, average daily traffic versus capacity, delay, etc. We will review these standards to verify that they are appropriate and recommend new criteria for areas lacking quantitative measures. Examples of typical standards we will review/develop include: • Traffic impact study guidelines • Roadway classifications (including average daily traffic and level of service thresholds) • Parking requirements • Traffic calming measures and implementation guidelines • Developer fair share contributions (for mitigation of significant impacts) 6) Recommend Improvements Upon completion of data collection and analysis, review of State, regional and local standards, and knowledge of planned development affecting the City, we can begin to test and implement physical improvements to our transportation system to improve safety and reduce congestion. Our review of those projects contemplated in the Downtown Specific Plan will allow us to evaluate future traffic conditions, with our existing data inventory serving as a baseline. For locations outside of the Downtown Specific Area we can rely on regional growth/volume forecasts provided by SANDAG. Another source for evaluating future conditions will be through our review of project traffic impact studies. We will work with developers and their consulting team during the plan review process to develop mitigation strategies for project -related traffic impacts. Coordination with Caltrans, SANDAG and neighboring jurisdictions will be critical for assessing local and regional improvements, identifying funding strategies, and enforcing developer fair -share contributions. We will also continue to present and address public concerns through the Traffic Safety Committee. Conclusions and Recommendations The intent of this transportation plan is to develop a proactive approach to improving safety and reducing congestion through organized data collection and management, continuous monitoring of traffic conditions, engineering analysis, and implementation of effective solutions. Many of the data collection processes we have presented will take time and money to implement depending on the scope of services and study area. In an effort to prioritize the critical path items so that we may facilitate our plan, we recommend the following: February 7, 2007 • City-wide speed surveys (—$70,000) — many roadways within the City require new speed surveys to verify posted speed limits, in accordance with the California Vehicle Code. These surveys will enable the National City Police Department to provide necessary enforcement against speeders and defense in court. • Develop an electronic accident database (—$3,000) — will help us identify streets and intersections with high accident rates so that we can gather data, provide an engineering analysis, and implement improvements at those locations. Will allow us to maintain an updated inventory and map locations. • Purchase Synchro Traffic Analysis Software (—$4,000) — essential for analyzing intersection operations, testing new signal timing plans, establishing signal coordination, and evaluating mitigation options. • Continued training on QuicNet Traffic Signal Control Software and integration with the City's new fiber optics signal interconnect system (—$3,000) — we hired an outside consultant to upgrade our fiber optics signal interconnect system, install the software, and link the software to the system. We need additional training to understand the physical components of the system, application of the software and relationship to field operations, and procedures for implementing new components such as video detection and emergency vehicle / police signal preemption. • Comprehensive analysis of the intersection of Highlands Avenue and 30th Street (—$3,000) — this is one of the most congested intersections in the City and due to its proximity to Sweetwater High School, vehicle/pedestrians conflicts are high. A full analysis of this intersection is needed to test capacity improvements, such as dual left turn lanes, in an effort to improve safety and operations. Peak hour intersection counts, review of physical constraints, signal timing plan modifications, capacity analysis using Synchro, and development of new traffic control plans are needed. • Public outreach (—$10,000) — will greatly assist our efforts in taking a proactive approach to traffic safety and operations. Examples include, presentations at community meetings and educational pamphlets, electronic message signs, banners and billboards displaying safety messages, and portable radar devices which display vehicle approach speeds and warn drivers to slow down. We will continue to research funding opportunities and grants through FHWA, SANDAG, Caltrans and Homeland Security to assist our efforts. Examples include TRANSNET, the Highway Safety Improvement Program (HSIP), and San Diego Service Authority for Freeway Emergencies (SAFE). We will also actively pursue the application of new traffic safety technologies such as in -pavement lighting for pedestrian crosswalks, red light cameras, signal preemption for emergency vehicles and police, and pedestrian signal heads with visible countdown clocks. February 7, 2007 ITEM # 3 2/20/07 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF JANUARY 9, 2007 AND JANUARY 16, 2007 (CITY CLERK) ITEM #4 2/20/07 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 5 ITEM TITLE Resolution Denying a Conditional Use Permit for a Wireless Communications Facility at 1526 East 18th Street. PREPARED BY MartMA— in Reeder 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to deny this item at the February 6, 2007 public hearing. As part of the denial, the Council added two additional findings for denial with regard to impacts on views and property values. 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. 1C,�j 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 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 City Council considered a Conditional Use Permit application for a wireless communications facility at 1526 East 18th Street (APN 561-222-23) at the regularly scheduled meeting of February 6, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at saki public hearing the City Council considered the staff report prepared for Case File No. CUP-2006-10 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on February 6, 2007, 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 Council of the City of National City that the testimony and evidence presented to City Council at the public hearing held on February 6, 2007, support 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 15-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. Resolution No. 2007 — February 20, 2007 Page 2 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. 6. That the proposed use will have an adverse effect upon adjacent or abutting properties since the 45-foot tall antenna support structure would interfere with views from nearby residences. 7. That the proposed use will have an adverse effect upon adjacent or abutting properties since the wireless communications facility may reduce property values in the area. BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use Permit application no. CUP-2006-10. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 20th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT nlEETING DATEFebruary 20, 2007 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of National City adopting an amendment to the Regional Transportation Improvement Program (RTIP) of SANDAG to include a new funding for Installation of sound -walls along the east side of 1-805, north of Plaza Boulevard PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT.4387 EXPLANATION See attached explanation 1 ( Environmental Review ( Financial Statement N/A MIS Approval Approved By: The allocated funds will be programmed for project design and construction work. >STAFF RECOMMENDATION Adopt the Resolution. Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Quarterly RTIP Amendment Notification 3. Completed SANDAG's Table 1 A-200 (Rev. 7/03) RE: Resolution of the City Council of National City adopting an amendment to the Regional Transportation Improvement Program (RTIP) of SANDAG to include a new funding for Installation of sound -walls along the east side of I- 805, north of Plaza Boulevard Background A noise study was prepared in 2002 and submitted to the State of California for competitive funding consideration. California Department of Transportation staff conducted a field review and obtained preliminary noise readings. Based upon the findings of the study and field review, the east side of 1-805 freeway (along northbound) between Plaza Boulevard and 4th Street, in National City was found to be a potential site for noise pollution mitigation. The project will primarily benefit properties that are located along east side of I- 805 freeway in National City, The property owners in this area have expressed concerns about the high level of noise due to the freeway traffic. Request for Funds On February 1, 2005, the City requested funds through Congressman Bob Filner's office to obtain funds for the design and construction of the sound -wall improvements. Authorization/Award of Funds On April 21, 2006, Congress through Congressman Bob Filner's office authorized awarding of $680,000 to the City of National City to construct sound -walls (approximately 1000 feet long with variable height) along the east side of 1-805, north of Plaza Boulevard. SANDAG's Allocation Process RTIP Amendment: In order to secure the funds the City is required to request an amendment to current Regional Transportation Improvement Program (RTIP) approved by the City Council before SANDAG takes action. On January 29, 2006, the City of National City received a quarterly amendment notification (attached) from SANDAG for the next RTIP Amendment scheduled for the April 20, 2007 Transportation Committee meeting. We have already submitted an electronic request form (attached) to SANDAG to amend the RTIP through Projecttrack. Funds Obligation: According to San Diego Association of Governments (SANDAG) limits on Obligation Authority may reduce the amount we actually get reimbursed by about 12 to 15%. The City may need to program local match funds on 80% federal and 20% local basis. 1 Request for adoption of the Amendment The purpose of this agenda item is to request the City Council to adopt the proposed amendment to the existing RTIP to include the new funding through Congress for the installation of sound -walls on east side of 1-805, north of Plaza Boulevard. 2 4018 Street, Suite 800 San Diego, CA 92101- 4231 i619)699.1900 Fax (619) 699- i 905 www.sarrdag.org MEMBER AGENCIES :,es ai Carlsbad Chula Vista Ccrc»ado r EY Mar i i Calm tncm,res Esccrxlxb imperial Beach tJ enw•, Grove ?ration/ C;ty ireans,ck Poway San Diego Sdn 14or(os Sdnrw. 5oioro Beach va a and County car San Diego . C)VI5ORr'MEM ERS trnC$riai County California Department ai 7rartsportaton R'etropolitar Tanrn S:Stc North Count': Tar54 i?vitnct Unwed ttate5 at e"( De!e95,° Son D,ivo Fort Catr,•t .S,9n L%rcno Connrr VSr ,.4U:hoary in6al GRairmen'S 45)(Xfation January 29, 2006 File Number 4000600 TO: RTIP Contacts FROM: Sookyung Kim SUBJECT: Quarterly Amendment Notification This memo is to provide notification for the next Regional. Transportation Improvement Program (RTIP) Amendment scheduled for .the April 20,• 2007,: Transportation Committee meeting. Below is the schedule for Amendment No. 4: Project amendments due via ProjectTrak 2/20/07 SANDAG issues 30-day public notice 2/28/07 Signed Council/Board resolution due 3/30/07 Note that agencies are required to have project amendments approved by its governing body before SANDAG takes action. These due dates are final; no late submittals will be accepted. If SANDAG does. riot have the proper documentation that the projects were approved by Its governing body, .the .projects will not be included in the amendment. Detailed schedule for FY 2007 is available on the RTIP Web site (www.sandag.org\2006RTIP). An information memo also will be sent to SANDAG Board members. If you have any question, please contact me at (619) 699-6909 or ski@sandag,org. SKI/ais cc: City Managers/CAO Table 1 2006 Regional Transportation Improvement Program DRAFT - Amendment No. 04 San Diego Region (in $000s) National Clty, City of MPO ID: NC10 Capacity Status: NCI TITLE: 1-805 Noise Barriers (Soundwail) RTIP #: DESCRIPTION: Along east side of 1-805 (northbound) between Plaza Boulevard and 4th Street - Install Soundwall CHANGE REASON: New project 06-04 T TOTAL PRIOR 06/07 07/08 '08/09 09/10 10/11 PE RW HPP Local Funds $680 $170 $120 $30 $560 $140 $120 $30 CON $560 $100 TOTAL $860 5150 $700 $160 $700 Page 1 Wednesday, February 7, 2007 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO SANDAG'S REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) TO INCLUDE NEW FUNDING FOR THE INSTALLATION OF SOUND -WALLS ALONG THE EAST SIDE OF 1-805, NORTH OF PLAZA BOULEVARD WHEREAS, a noise study for the east side of 1-805, north of Plaza Boulevard was prepared in 2002, and submitted to the State of California for competitive funding consideration. California Department of Transportation staff conducted a field review and obtained preliminary noise readings; and WHEREAS, based upon the findings of the study and field review, the east side of the northbound 1-805 freeway between Plaza Boulevard and East 4th Street was found to be a potential site for noise pollution mitigation; and WHEREAS, on February 1, 2005, the City requested funds through Congressman Bob Filner's office to obtain funds for the redesign and construction for sound - wall improvements; and WHEREAS, on April 21, 2006, Congress authorized awarding the City of National City $680,000 to construct sound -walls along the east side of 1-805, north of Plaza Boulevard; and WHEREAS, in order to secure the funds, and before SANDAG takes action, the City is required to approve an amendment to SANDAG's current Regional Transportation Improvement Program (RTIP) to include new funding for the installation of sound -walls on the east side of i-805, north of Plaza Boulevard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to SANDAG's current Regional Transportation Improvement Program to include new funding for the installation of sound -walls on the east side of 1-805, north of Plaza Boulevard. PASSED and ADOPTED this 20th day of February 2007. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 7 ITEM TITLE Notice of Decision — PlanningCommission Approval of a Zone Variance for less than required front yard setback for a single-family residence at 835 East 2nd Street (Applicant: Patrick Debaca) (Case File Z-2006-3) PREPARED BY M-7 Michael Fellows, 336-4310 DEPARTMENT Planning EXPLANATION The project site is located east of the intersection of Highland Avenue and East 2nd Street, on the north side in the Residential Single -Family Extendible (RS-3-PD) Zone. An 824 square foot residence is located on the site, 20 feet from the front property line. The site is flat along the southern boundary where an existing residence is situated. The rear of the property slopes towards the north, dropping approximately 25 feet. The rectangular site contains 21,642 square feet with 82 feet of frontage on East 2nd Street. The applicant proposes to construct a 165-square foot bathroom on the front of the house to serve the master bedroom. As the portion of the home where the addition is proposed sits 24 feet from the front property line, the proposed addition will encroach into the required front yard setback by 5-1/2 feet. The proposal promotes the General Plan's policy to encourage neighborhood beautification and rehabilitation activities. The proposed Variance request would be compatible with the characteristics of the neighborhood, as nearby homes are constructed with Tess than a 20-foot front yard. Due to the site constraints, the applicant is limited on possible alternative locations. The property drops roughly 25' from the front of the residence towards the rear, and adequate available area to construct the addition within the side yards is not available, since the side yard to the east is 7' and to the west is an existing driveway. The Planning Commission held a hearing on this application on February 5, 2007 and voted to approve the requested Variance. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION ,� Staff concurs with the Planning (;6mmission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission unanimously approved the Zone Variance. Ayes —Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz , Carillo ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 7-2007 2. Location Map Resolution No. 3. Applicant's Plans A-200 (9/99) RESOLUTION 7-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR LESS THAN REQUIRED FRONT YARD SETBACK FOR A SINGLE-FAMILY RESIDENCE AT 835 EAST 2nd STREET APPLICANT: PATRICK L. DEBACA CASE FILE NO. Z-2006-3 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for less than required front yard setback for a single-family residence at 835 East 2'd Street at a duly advertised public hearing held on February 5, 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. Z-2006-3, 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 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 February 5, 2007, support the following findings: 1. 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 slope of this property limits alternative locations for the addition of the bathroom, commonly allowed by other properties in the same zone 2. 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 nearby residences in the neighborhood have similar setbacks and the encroachment minimally encroaches (95 square feet) into the property. 3. 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 a single-family residential development is a permitted use in the RS-3.Pll zone. BE IT FURTHER RESOLVED that the application for Zone Variance for less than required front yard setback for a single-family residence at 835 East 2nd Street is approved subject to the following conditions: 1. This Zone Variance authorizes a reduced front yard setback for the construction of a restroom on the front of the existing home at 835 East 2nd Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. Z-2006-3, dated 12/13/06. 2. Building permits must show that the proposed addition will match the existing residence (i.e. materials, paint, etc.). 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. 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. 6. 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. 7. 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. 8. A 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. 9. The deteriorated portions of the existing street improvements (sidewalk 5') along the property frontages shall he removed and replaced. 10. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 11. Street improvements shall be in accordance with City Standards. All missing street improvements (82' of gutter) shall be constructed, consistent with Ordinance 1491. 12. 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. 13. Before this 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 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. 14. This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 5, 2007, by the following vote: AYES: Carrillo, Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz NAYS: ABSENT: ABSTAIN: CHAIRWOMAN PROJECT LOCATION 100 0 100 200 Feet AN Zone Variance for a less than required front yard setback for a single-family residence at 835 E. 2nd St. LOCATION MAP DRN. DATE: 01/23/07 INITIAL Z-2006-3 HEARING: 02/05/07 NATIONAL CITY PLANNING C 9 > IT A Revised -SE FILE NO: Z-2006-3 DATE: 12114/2006 GENERAL NOTES E raLOWNc uxw..�xOrze .TEE . RY Dr THE �cnrlc.nolz rD.. M: Ecw.iRMNCE p- c w.a,c. REaR o -NL - EaMc4nws. GENERAL'. 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FOUNDATION: 4ANL64 w PRESSDNE 1Dro PSr w DEPP, OF „ Bad,LONs1 AD,.1EN1 FOUNDATION: 'RE' AMR CRALT CORP. TO R- 'R[CCU.FENENTS FOR KOIFORCED UMCB V• LAO Vet AND TK •VECINGIGNS A STRuCLURAL CETNCREIE x°L"i[o w INES/ DRAtamNis µc51 (tir RCS EDITIONS, N MOGrlunaxs As sRE �Ns.NR �<�rMp rD IDI caxcNTE EwFGAUNc ROrMORaxc v°:.��:"o NAND D .cnlr L.TEZT EDN1oN. W SN:DUS vaSPECMw tlT A REGST:TLO OEPUtY RIYfLRIR L5 p[DUNFD POP ALL Ti V:NPAI LCM.pCR MgiR. ALL RELLELRONG STEEL S"OP ER•MNcs SHALL BE RE.IFL0 eV THE ARCIATEC1 RI PM BRIGAnbI, A CONCRETE SMENGT4s 1 CEACRETE STRS sRN Iry rxEF Rauobxc TABLE IN D ARE RVp":Mro ESVh SSTREW..a UAT2. ME ApCTMATES sew. u (EEK41115) VR S E (INCHES) AND TIME $W4P SNOW IS E 'T91 O _ ON (1•5 ac.. ADD, U.NDI S1NENwf A„uEGAIE A a N _1/2' 9 SATABLON GfAm¢De 51E-54 " N TN Ae15, GRADE SO FWNo,5 xO A?Eti TX[DGfbCLhlrµ'" RE1XrO."'". "L cCxftlry m aH..;we O Poo -NOOK PCR c w1EFMON wi.Asc VATTx .ANs. IHm mIV, CRIAAEDC. cI..LxDI uPDsm TO NAMIR DR 1N CONTACT Wm GRaINc. BEAi/'' UANE LouCou 4S M11P45 - /}- :n. (TO nE) "HIGLAND BATHROOM ADDITION" w405 Dlwt N YN_Pupa IN 0N0, 5AL.s DR vBS X R CF13ALL! Of U EELS -Snots ARE Pp0N40 ACOMDANcr N 100 Lg1M DN SLIM 'CM1 SALE 54( AND COLAIOS MALL BE Cook. emu 001000' A1lh BARS or THE ° 5Na: ""' RLwwac w Acc°RYAxLL L11" THE 9919.TAT w.1u. DII 0LI0L.0 SKEILA /5-1BEO1YL ENT p Rt.'s . ixp •C:vANL. TA, Mc 191RCAL I x. REre" 10 tN 0 00 1 1 TEAL x[eNANIUL 050 E,FLRIeu DR,ABW45 rCP ouMMS 00 PIPES 4DL05, VE"1 AND SIWLAR agxwcs. NaXrwgxn ANDY.p DSµls ARE ALL oMIR EUBEE0E p iTE�Ys sxwL 01L YC�,uRT QD w A STA_ pL wYLCRO R TO P LAc •.,.NSPCL-1bl"L"°"s rD NE rco w PLACE RP,. TO c.LLRLS FOR FEOROAew u..u,r[R ]/R' 00 ALL EAPOYO Lvw(Rs. TIMBER'. 4MD�VYB00 SryALL BX MOCu[ f5/LARCD0. IMORMI 4 100,E B[ CPM[ uRxX 5 IXLpyS L[SS Ir1CRMX M RD, 1p RAFTER; AND TONT O OSTRUP11.• 1050 rzRA .45T AND 00 00HEAL(Bs C 1Elr BEAN$ AND lapoIR5 1400 Pas" A TYORS 5 coo 10 Roll NP 1_ a Au PLTIN%V Sn4LL E DDU0.AS =R 000110xnL 10 Ps-1-91 EXPOS 1 EXERT YWFRE P(RYµdRY ERPOY0 V5[ LYRPICR 4R•°C 1. P5ON0 4w1911u NAILING W ACC°ROI.4C1 DON THE NA1w6 0c0000I • PRONCE A 0, YFyEP (YWIWIY) FU 41L PLYMAI LOM NUYND 100000 LOSER MAN 5- OI C[NIER S S6L .PLATES ON COOMPETE o µL BE D UGLAS FP, PRESSIRE 1PEATE,. H XE REWIRED +0 eNIAA WAuR. s. LE 0VC Ol e0 01011U0 0105iwoL N w50 X0I. u :LAW M t 9AME1PP5 ARE. ,T MAAHUN 550 0151ANCE OP BRUM RS DE ALL MW N0LLS 9uLL BE w09Ii0. SAULW SEP AS Su5SLAP . CS':1ER, MESS °MWNII IOLOTCx PLANS S- Be A u4p q I. 5W0 BLUER 5ND5 01 9IONO3I Lr 1AL0, 6 PLACwwEM0e1 5000 BLCGKIY° BEEN. ALL ROOF SVRAFTERS ST AMC RAFRS 41 R. USE 0.W01E JOSE UMIE0 ALL PARALLEL PAR1D0x5. IO. RRONDE h moo .St P1anNc LRNP ALL PcaMwICLANT PARonpus 1 0 MEPOM1A�r wo o M°C" PFME" A PWr 'Fss15 AM] Arr(A5 0KR y001 AP0 N01 EA0PEB',N00 B'-D' 0" c[NTw P 11. Bar5N0ALL HAVE 7 OAN1ER WW WIV Ex0 05rµr2 AXC A BA4IRR W WNEDGE DISTANCE, ]. BpdD MTR 1 NIB/02 101/1a'XLME MAN TIE BRNOJ° SnI.LL B[ 1t' S1Mp0.TE ["G'p1CP E LN�LEM ALTERNATE CONLEC140546 B114I BEEN APPROOVEED RY 1NE ERONNR PPX*U1O CCRSIRCM LC11tl1. CEGIOR] 5051010D 70 dlDnlMcsL s FOR ElcVE aSNRE %v. BE HOT.LOPPEE ovvANOED. I]. PLY-l2 BEARS 51uLL E LCYBW.,➢OX 9Ar- RIM a ORv USC VNL(55 01" 0Nx N01E0, RNl1AC1URm Ac 010A0C[ A.L, Y 0r:0&T1M1 Roof. cwcrcnl(p EDURUAN4NS5R BE w(WI]E° iO IDLE RD i 1e-DELL IVERT PI�EY.IX°A IF MESON Of s TO THE nNCFir[EAUS..0.1 COPESOr NOTES 015 SHALL [Si/.BLSY PNP(RT' {NFS p0 00000 q8°4 00 STMI fi A W 11[LD VENLV YRPR +0200AXLE, vv.. 00 00,1 ERSO P.ASHALL POT, °Fxc+ WON. OVA0acs APO NOR TO COLLIMMES S CO uias m0mI .0p1E55 VIAL BE LOCATED P1 BI➢G cannot. m9*E MNON x. SLME uQgO 004 010500 L AMT rRD4 .D1.B1�cwI mwN10 RIE .R N,.r,Ww MAwxu sn•u Nm E aLc4m4 ox m LLAIYN MS r0R R6EEN3 Olr, 4002 .A. Rl0, S�'4 Ltf VAnLRIS AHO ADAISI TOO. (TOO d SAES) ea00Ei SHALL c0Y0.r NON ALL 00I1. REOMEYExrs Mr AR4�ROA'. L101n0C V4.LL E W[cl[e 00 gIADEO SO A5 10 001 TO rµL m A0+ACmi PRKER1Ei 9TSIAw11DH 0r DOME O110 104 RILL MAP, 1191 ME.C. SEC. MR PLV.w1Y"1 VACULR, BREAKERS .ALL BE "CW00 wd µL NEN 14A BBs Sr^If HULA B SREn CODE of 02.0 BANS 00 UY Or (bjN RD P LoSIN O CHLORKLE (mK) B cR°g . ROLKE11(Lry FOR INTERIOR Flu SuPPLY RwNG 0.4 1118000 1LSC+PIFAL O4RETs RNLI E PROTECTED BT ARCM FAB" coma W1[PPYPIw4 Rut010 10 vc4vr ACe0KT rI 1R555Es MR R000X01x RRYS 00 LLWPAr1W1*, PITCH, t[NGrx, 9+A" AN9 9[RR4Rr R(0IREYEN7S FLOOR AREA TABULATION: EX'.STING NOUSE'. COVERED PORCH AREA'. :EILITY AMMON AREA: OETACXEO ]-CARS GARAGE 824 SO. FT 61 60 E1. 165 GO. El. 400 S0. FT TOTAL 1,450 S0. FT. 1,450 S0. FT. /4,981 50. FT. -0.29 FAR.. 0.29 LEGAL DESCRIPTION 01R om ME LAM., 70 FEES 00 THE MOM, 964 FM 00 IOC saFnm. HALT p m Aao xA 101 I W OWARR MO. uT E RANCHO E W.V.%ADDICOTTWA. T. SHE 0Or cis. NAIgNt tIl'! 6WNIT E( yN MEGO STATE IMppIA A...LoomM NA0 P sAN aF00 MOM, Nc TOES nap THE SLIMMED_ DOM OF NE CgNT' REMPLO R OF OW DIEM Cp1"TT, DDT 11. 556-om-+B 16w. 906 BUILDING ANALYSIS EOIR a \ Rs-]-PD tY51RDL+YI 1Wf V-1p KVP.WM 0FNP R-1 LL15AC6 - SIDE/400* 5' CCOCS NMI OK ISM VBC 'HMS SRC 6 NA WC MATTER OF STORM 1p MOM Rr4LN4 IRO HAMS S C4R5 NRAO( E GARA04S PROPERTY OWNER INFORMATION MEMO Mom.. ADDRESS ms a Ym START NATIONAL 0rl Cl e1BBS PROVE" 616 MI OM SHEET INDEX A -I COVER SHEET A-1 SITE PLAN A-2 FLOOR PLAN, ELECTRICAL PLAN, PLUMBING PLAN, ELEVATION & SECTION A-3 GARAGE FLOOR PLAN/ELEVATIONS IFOUNDATIONIR00FIFRAMING PROJECT SHALL COMPLY T0: 2001 UBC. UPC. UNC, CPC. LEG, 1996 NEC 2001 EDITION OF THE CASF01319A SAG. CODE (TIRE 24). COVER SHEET • !!, g06 4- E7,111, li 1,,,ENNC ! • PEI110. - X , .oJF 10 X 1.E N 71'58'4(7" (14.' CHNLNRFNC.40 '4 CX. UUILL,INC, LK RE1-0.LL IV., BE REPIA,ED IV, NE v, --- R , X: ,4002 FENCE (10 MA(1 ------,_" t , wONI-NC 6'1-1--‘ (...- -. I , ) 1. C. --... 81KWALL 6' 1 6.5,, EX -----____,, -------_,,----- '4 #82I EX, COMM AUILDINGZ FO CO _.---FOUND WEL_ MONUMENT PER MI' OF NATIONAL CI1Y DRAWING No. 4544-0, SEE ROS 13498 EX. W.M! EX 0/W DE/w 8835 EX liOLISE FF=94 97 r-q, Ex z GRASS 1V7Z•01 HZ. 00' EX W M-\ cz, Ex GARAGE Ex. GRASS PLANTER Z'EX STEPS 8839 FF-91 48 PLANTER EX. EX. GRAS (7 EX S/W W.M. 8L84 TOP 96.60 TOP „aii/D s TREE 77- EXIST. AC PAvEIVM 80.43 I.E. 39.23 I.E. CURS C,IIY/WIRE Ex w Ex. W. . PR/N.18908P73872J Ous(wIRE(ROLE 1037751H R/r c- Ex. BUILDINC. R/r 81 I I 40> v. - awe se Mi ACTOR RODRIGUEZ—FERNANDEZ, P.E. LAND 0V/110111NC SITE PLAN 4901 Morena SW Ste 409. Sin Diego, CA 92117 ,', " Phone (850 967-5693 Fox (760) 357-38-69 eeee........o. ...... K. K..... ......e, WALL LEGEND / P 1] f8nws_ unw 4N zAt,. S EX.0 v/ ]/B' SP. 3//O PLTROC .S EX.. ANDTIN1 ot£R Srv0' RS INTERIOR IOR FIN. LAS NN1N AND x DnvE 'y 'DF.w.I.. OR. ATEENI C(1 ,R3 9,mWSNUFAAC �Cx .uFP» SOU. C N. POx MANUFACTURERS LWERC ASSOC..SAn6WI[;- L SryJNC COxm.a aqt ccuu@G.- .»o PF90 xnu 0.1LOMG_ aw=xorc.>L.rxO CBELa R u.NNBxR AI CV. .0 a SMfMMALT WINDOW NOTES cw1P.0 l.P TO Hil:v ALL NW.. PRIOR 10 IN IATLATIOx 2 INSTALL ALL N. S PER Y.NiFECOTNEG RECO...AWNS 3 INC NANLISECILR. mud,. AM ATTACKS E duLL PEMSTRATICN LRNGG WNpt NATI. nFCOEN. fun n) ANND SNOMNL=WP-ANCC MIN RES CALCLTA AfE DOOR NOTES 1 MCP O BE SELECTEE SW. 5Y SW ONTRACCTOR ,c NY µL Dxm Ncs =Iw+ ,o INSTALLATION Cr I ALL Ix1ER10P. DU.. TO 0.' S.C. B. OA., -v0E . INBESPOLOS AT EXTERIOR DOON. (Buca TI sq 5 aRDVOL "1. LOA TS PAP. ALL 51UE5 AND EWE= M UNEINIST. WOW . uDPAPL ALL NARONARE TO E .EvER PIPE P. Ex (VS0 PE.Ow0 Ax ENTE,x1AxAPL CENiREO BETMso. ' D• H BOE foBM END TO BE SELECRS BN OWn A ENT. Co. tsmcrtn a. w) B . RLmxl 2t5E1 Wow 6 YYxG CLASSCLASSDMFs N.vPor•NERv OWR ANUEACN u OWNS xsAusB a. Rccssa.£ G» n TO EA, A moom .xN1EPBVMPCZ SAa[AR A` nl( BBTTw 1O /�//EXISTING/HOUSE/ / /,bi /;// /i ELEC E ELECTRICAL PLAN TRICAL LEGEND ELECTRICAL NOTES IJ PIHSELOc ELECTRICAL SRN, =MOPE OCT. u RRN S5AR COMP, B. INC CURRENT 12E1 MCC. ]. ALL WRING SMALL 0L RCYE% lYPC. ] ALL PECEPTAMS IN BAIN S., BE VI/NAAR PROW 1. LAVPS USED IN LUY PAR'{S fps UNEPAL LIONTNO PE BATHROOM WALL MAVE EPIIOE,/ OE NOT LESS xAN ,O LUVENE PER Pi, TANS sLA: eIR CPA.(PLR B. e AL. CLFINO EANIFS SHALL 0E msuui0 EP METAL BOXES OR LOUPE. ]. PROmE A sEPUA'2 fo-CEP RECEPTACLE OUTLET TU SIP Lr REWIRED R.RooRECEPTACLEnLcIN um OxLLLtrL UNIT. ,IIIIII0IIIII• .. - ...ISIIMIIIMIIIIIIIIlIIMu.- EXISTING HOUSE K SOUTH FRONT ELEVATION EAST SIDE ELEVATION r EXISTING HOUSE EXISTING HOUSE WEST SIDE ELEVATION w NP•1v SECTION A -A' NL•. L.P ////// ////// / //EXISTING HOUSE / PLUMBING PLAN SECTION B-B' PLUMBING LEYEND COLO ..IBI 211. NOT EWER CD SEMR LW MAX. FLUSH VOLUMES AND FLOW RATES ODD CLOSE, IA CAL.. PER RUNE 0.wwl TO LEN.`) 1M.NLLR LC WELDS PER MD DORR OLDS LS ODDS PER WYUR • CER: 2.1 ODDS NER IDOL (SINS Axo DES, NOTE: I. u B SD LOT C4.Scnws E. SL CODER MR DOR ITW • M PVE not 041(1• UDE ma NT P01 MONOC BAANa0 .l 0*41 NDO CONDOMS OF s111P1O ZNG .RRO 000 btU ODD S. PRBMU ] SO M PM 1OM DWI I ORRMG OF ROOD M COCA OPraDMlcc S. C EIRCIL RKKNPFRMR W TOR sl^R - SOD BC W112 TNC®MAIM OR n0.lYOO,AIR YIDS Emma DE EEND • 1Y 1•AT PA-3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 8 ITEM TITLE Notice of Decision —Planned Development Permit for a new single-family home on a lot with an existing home at 1931 A Avenue. (Applicant: Aimee Amarillas Anaya) (Case File No. PD-2006-6) PREPARED BY Angela Reeder, 3364310 DEPARTMENT Planning EXPLANATION The project is located at 1931 A Avenue, north of the intersection of A Avenue and 20th St., in the Multi -family Residential (RM-1-PD) zone. The 5,756 square foot property fronts on A Avenue with an alley to the rear. The site is currently developed with a single-family home and accessory structures including a carport and detached garage. The home is a small, single -story building in relatively good condition. Consistent with zoning, surrounding development consists of a mix of single -and multi -family lots along A Avenue, as well as commercial uses to the west that front on National City Boulevard. The applicant proposes to construct a second single-family residence on the site; the existing home will remain. The applicant did not pursue a Lot Split, which would have allowed another ownership opportunity, as the parcel is too small to divide. The new home is proposed as a two-story structure including 3 bedrooms, 2 '/ baths, and approximately 1,700 square feet of floor area. Plans also include an attached two -car garage, which will be accessed from the alley at the rear of the property. Parking for the existing home will continue to be provided through the driveway off of A Avenue and the carport and single -car garage. The garage had previously been illegally converted to living space, but is in the process of being converted back into a single -car garage, per direction from staff since submittal of the project proposal. The proposed development complies with the General Plan, all applicable Land Use Code requirements, and incorporates many of the elements encouraged by City Design Guidelines. The Planning Commission held a public hearing on February 5, 2007, and voted to approve the application. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION-p Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. Ayes — Pruitt, Alvarado, Baca, Flores, Reynolds, DeLaPaz Absent: Carrillo ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 4-2007 2. Location Map 3. Applicant's Plans A-200 (9/99) RESOLUTION NO, 4-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A NEW SINGLE FAMILY HOME ON A LOT WITH AN EXISTING HOME AT 1931 A AVENUE APPLICANT: AIMEE AMARILLAS ANAYA CASE FILE NO. PD-2006-6 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for a new single family home on a lot with an existing home at 1931 A Avenue, at a duly advertised public'hearing held on February 5, 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. PD-2006-6, 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 February 5, 2007, support the following findings: 1. The site for the proposed use is adequate in size and shape, since the 5,756 square foot parcel can accommodate a second single-family home and all required associated parking and landscaping, and the proposed density of the project (15.1 units/acre) will be consistent with the maximum residential density allowed by the General Plan for the RM- 1-PD Zone (22.9 units/acre). 2. 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 addition of one single-family home will result in an insignificant increase of Average Daily Trips (ADT) over the previous use. 3. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the required setbacks and building height will he met, and since required off-street parking will be provided. 4. The proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of an additional quality residential rental opportunity in an area identified by the Combined General Plan/Zoning Map for multi- family residential uses. BE IT FURTHER RESOLVED that the application for Planned Development Permit for a new single-family home on a lot with an existing home at 1931 A Avenue is approved subject to the following conditions: 1. This Planned Development Permit (PD-2006-6) authorizes the development of an approximately 1,700 square -foot single-family home at the rear of the lot at 1931 A Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File No. PD- 2006-6, dated 1/09/07. 2. A detailed landscape and underground irrigation plan, including plant types, 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, new groundcover in the front yard of the existing home, removal or replacement of the rear fence along the alley, and repainting of the front wrought iron fence along A Avenue. 3. The single -car garage identified on plans is intended to serve as parking for the existing home and as such, this structure must to be legally converted back to a functional single - car garage before any building permits are issued for the new home. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations and the Fire Code. 5. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 6. 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. 7. As stated in City Resolution 1491, the owner will be required to remove and replace any broken street improvements, such as curb and gutter, sidewalk, and driveway aprons, as determined by the Engineering Department. 8. The owner will be required to concrete that portion of the alley adjacent to the property line, as determined by the Engineering Department. 9. All areas of 5-feet or less between structures and the side property line shall be concreted to provide proper drainage away from the home, with building plans to be approved by the Engineering Department. 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. 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 Proitection Assocation (NFPA) Standards as adopted by the City of National City. 12. Estimated minimum fire flow requirement of 1,000 gpm measured at 20psi residual pressure with a two hour flow duration is required. 13. The address of the proposed home must be clearly visible from the street, per approval from the National City Fire Department. 14. Exterior walls of 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. 15. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 16. Approval of the Planned Development Permit expires one (I) year after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. BE Cr 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.rn. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 5, 2007, by the following vote: AYES: Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Carrillo ABSTAIN: CHAIRWOMAN PROPOSED PROJECT SITE i AN LOCATION MAP Planned Development Permit for the construction of a single-family home on a lot with an existing home PD-2006-6 NATIONAL CITY PLANNING DRN. DATE: 1/23/07 INITIAL HEARING: 2/20/07 Orr a N RUVALCABA RESIDENCE VICINITY MAP INDEX: �I PLC' ^'LAW - NOTES 31L00R'Tl.AN E 32=LEVAi1CNS I Ll Ran:TNS SA 3'_AN3NG DETAILS e SSSCIFIGTCNS IRR'GATION PLAN La 11366AT0: DETAILS PROJECT DATA: TAToevA are. CA ml7 lel0070 eel 7M ]LYpy n[--mno ruo sa Y▪ A4YARD +Ni^NS-niwso 0.3 A ^5?3.YJ9Dtt Lear,,W5ON.O..n 1EO* CV Loll' 1,ay. ,:rr pE.9C`. -9.6fwfJ0W. K.GSuM.:N ,W 1'JB,E Cr Ni' .Law-v. V_-C+esn c. ra SCOPE OF WORK: 1) CONSTRUCT A NEW 1 F6900 50 FT TWO STORY SINGLE FATS. UNR WIHA 620.00 SO. FT. GARAGE TWO AND A vALP BATHROOMS A LMNGR00M. DNINGROOY, KRCHEN H THREE BEDROOMS. NOTES: - Tbs vr¢lec. snot cor.,6Y wen me eel7cn of the Califon. 81n43n9 Code (ilne 241. v.1101 °earns me 1997 U90. 200 ttJr1C. and 2001 UGC. and me 2004 NEC 2.- All : mensone E sere des9nrions given are subject co veriSc„-roll an Me kb sire AIM aquermerr TO 6r the jobconmwns. 3 - All property Free (real er assumed). eeemen's end buildings ( bah 7Reilry and pr rA,anl 70 re . an in an Ban Sanely 4 - JS ago n 170 model u set cbxr stet be Inmalled in the new second e`•eIl^9 pursuam to Mee. and SdeN T:ne Secricn T931.3 5- NI truss bearina (burro' -rig) poitte, Inclu]Ing eaierior beoring WCll4, be0T0, shall have abbe., Ee*Lees mbsses per UBC Sea se 2220.128. rape. as o rsni.+ew Teenng The reaufemen•s or UL 50191A, or 1E19. shall be used or oYi.Feu C,ti racM1 ern divas such as se wraps ar emsie will be recubae far Iletog16 me lanlrel clAni g. �.- rla,ufocrured women, shell lave a lebe1 anaccnee cernned W H,e Name Penenraaim P- - Cav,wJ (NFRC) a -a showing car-pliance wirl, Tc energy-alabn.es. d - Gos yen, mwm O-busndwas.e p1Png in was. pastry 'tr ee ree goor. rr less. stay wN be .N9ca raped an eacnMs, cr enitlng. U60 Secrien?r,3 Reap -pole °_hill lombns .A comply with NEC Ars. 210-52 (a). 'O.- Rostreom',cease. toners sba.l be sucpliee by o ,-.l-.imu^, or arc 20- rroere b•°reh Ores& 5ucn circuits ,jell has no omer pullers. Teas dram mot not serve more Man cne bahroom. NEC Art. 210-52 (d). E.- AI branch drains 1hO1 s_ppy t25 von. single phase 5 end 20- °macre receptmie °..hero i.sralkd 7n Avelig 4* bedreame s-d1 be pro -eared by an arc:02F dice& hlenuprer(4). NEC210-1221. AHt venfb,im opens-gs shot be covered wttO corroskotealsto, mewl mesh with mesh opelvgs a 1/4tircn . dImenslpn Secrm15055. '3 - erne -ern'', air denim serving me Tcanonical ecupee,n muse be fury ducted from Me equpnem 'e me c0rd1iolea space. Drop m6lng, well wanes and eauipelem elm foie may rot be used as penume A N D O S A ARCHITECTURE 6 PLANNING 1 6 1 2 1 7 2 6 3 4 e 3 .x 2.]roe .,6ceasrnpo•oe OWNER/BUILDER: n45. 81'14 5 94 UABA '931 A Av1NLE , ',ATONAL Cr. C491950 CONTACT PERSON: 5 ar-see Am4FL V$ /.I W A.V A 5 9001 BIHJING LESKINER Ri (619) 726-3492 3209 OA5E0 CE O!.3 NnToNA- CT, CA 9)950 ANDC.2,02 01,500.CO'O PROJECT DESCRIPTION: t) 0000TRULT A NEW 1.69900 50.0. T40 S'035 SINGLE UN, Wi, A42000 50. GARAGE ARCH_ OE519N JOB*' SO, s-O ss'a SCALE: 1'=10' GATE: 0a/06 REVISION/SUBMISSION BY: 5 f4"EE ,41M1+RLLAS4.614YA 0. Aaai. S66D646 DESIGNER DATE: 0v09/07 SHEET TITLE: F4LJr 25690 C Asofdt shingles (Cass A) p 2-/I5 FNf a 6' 0ffi P/ar /0/0r105 mi.o 6" 0c EN; I9' c rm. 46pn05 a,Ees (Coss A) .5,2,e' 640 5 4' 0,5@Plot /aled /l0d 0 6' ne EN; 12 0555,55R 1 SOUTH ELEVATION Arensrt ',!Doles (Cuss A) nre r5575E_e1: d 4" 0S9 Play i NOJeL 5/100 o 6" Dc FN'12" / me FM NORTH ELEVATION mom 1)W. - 36" Ha// rwnd lent. Asphalt ohhgles (thou A) v»N 9-5575 Felt a 4' Om Pmy NoiM /OC o 6' nc fN. /2 we F.N. T— E SCIG S6' H&'round Ant WEST ELEVATION J6' Hod round rant EAST ELEVATION i"stucrn. mg. T/- ANDOSA ARCHITECTURE 6 PLANNING 16191 716 2402 v16so /0*0 o -555 5iCI var.Iou.af OWNER/BUILDER: MRS& 1611.RWAC0BA 5931'A'AVAN E NA-50,510T, C.591950 CONTACT PERSON: 5. PM1FE A 04aLI S MµYA B- MLN BNSNJG.'ESIG6@x PH. :SLR) -34s2 4209 PASa0 0E PA;. NATO., C'.'. G.491950 A`L1x_4O1@' M-oo.COM PROJECT DESCRIPTION: 1) CONSTRUCT A NEW 1B891.00 SOFT TV/0 STORY... Arm LNrE WTIH A 490.00 6066 GA8KE ARCH. DESIGN JOB: 03XbR! zo SCALE, }' DATE: NOth6G REVISION/SUBMISSION BY; S. AY'£E MARLLASNWYA B. ARCH 0011AV30ESGI$t GATE: OV09/O> SHEET TITLE: F1EVAIION A2 z a < ,b ❑ bi t '4H W Az ao L. < ❑ Nm o. LL o> m z L0 0 ISSION BY o m ❑ ? m sm o '931 'A" AVENUE ALLEY 11 EXISTING LANDSCAPE LEGEND E-1. LAGER$TROEMIA INDICA TO REMAIN. E-2. BUXU% J. MACROPHYLLA TO REMAIN. E-3 EUGENIA MYRDFOUA TO REMAIN, E-6 STRELITZIA NIC0LA1 TO REMAIN. E-5. KING PALM TO REMAIN. E-5. SAGO PALM TO REMAIN. E-T. ROSES TO REMAIN. FRIUTS/CINRS TREES TO BE RELOCATED. E-9. (METES MCRAEA TO REMAIN, E-10. NANDINA OOMESTICA TO REMAIN. E-t, CANNA TO REMAIN. E-17 BANANA MUSA TO REMAIN. E-t5. EXISTING W000 PAT10 COVER (ALREADY DEMOLISH). E-14. EXISTING CONCRETE TO REMAIN, E-15. EXISTING PLANTING AREA TO REMAIN AS I5. E-1E. EXISTING 60" HT. WOOD FENCE AND GATES TO REMAIN. E-12. EXISTING W.I. GATES AND FENCE TO REMAIN. E-16. EXISTING 60" HT. MASONRY FENCE WALL TO REMAIN. E-19. EXISTING CAR PORCH TO REMAIN. NEW HARDSCAPE LEGEND N-1, INTEGRAL COLOR CONCRETE 'DAVIS COLOR' "OMAHA TAN" R 5084 WITH LICHT BROOM FINISH ANO AC10 WASH FINISH. BEND -A -BOARD MOW EDGE. SCORE JOINTS AS REQUIRED TO REDUCE CONCRETE CRACKING. EXISTING FRUIT TREE TO BE REPLANTED AT NEW LOCATION. EXISTING TURF AREA TO BE REMOVED AND REPLANTED W1H NEW "TALL FESCUE" TURF. BACK YARD TO BE SHARE BY TWO HOUSES WITH NO FENCES IN BETWEEN. PLANTING LEGEND SYMBOI 2 3 5 6 8 yj„ BOTANICAL NAMF: 24" BOX LAGERSTROEMIA INDICA 15 GAL. POOOCARPUS MACROPHYL.US 5 GAL PITT05PORU1A T. VARIEGATA 5 GAL. PITTOSPORUM T. YMEELLERII 1 GAL. ACAPANIHUS AFRICANUS 5 GAL. RHAPHIOLEPIS I. CLARA 1 GAL, PHORMIUM T. JACK SPRATT 1 GAL. LIRIOPE MUSCMTI • ALL SHRUB AREAS SHALL BE TOP DR 2" :LAYER OF GROUND BARK (MEDIUM 1Y1MMfIN NAM, CRAPE MYRTLE YEW PINE VARIEGATED PITTOSPORUM DWARF PITTOSPORUM UU OF THE NILE (BLUE FLWi.) INDIA NOWTHORN TEXAS PRIVET ULI TURF ESS WTH 512E). 14:;11I I 11) IMAGE DESIGN &C 2 SCALE PUN FlLE: 005-1106-005 OATS 06-].N5 REVISIONS: 12-22-06 JOB No.: RUBALCAVA RE8IDE11G6 L-1 MEETING DATE: City of National City COUNCIL AGENDA STATEMENT 9 February 20, 2007 AGENDA ITEM NO. iITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORT FOR JANUARY 2007 PREPARED BY: Rudy Lopez DEPARTMENT Community Services (619) 336-4560 EXPLANATION: Please see attached report. Also, it should be noted that statistics of action requests that have been satis- factorily completed and the average number of days taken to resolve them will first appear on the Feb- ruary 2007 report. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION N/A Resolution No. 1. Neighborhood Council Monthly Report —January 2007 .TTACHMENTS (Listed Below) COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Rudy Lopez From: Lauren Lauletta & Erica Belandres RE: Neighborhood Council January 2007 Wrap -Up Northside (January 3): • Residents in attendance: 6 • City staff in attendance: 1 (PD) • Action requests submitted: 7 Granger (January 4): • Residents in attendance: 8 • City staff in attendance: 1 (PD) • Action requests submitted: 4 Central (January 10): • Residents in attendance: 17 • City staff in attendance: 3 (PD) • Action requests submitted: 5 Eastside (January 11): • Residents in attendance: 17 • City staff in attendance: 2 (PD) • Action requests submitted: 4 Olivewood (January 17) : • Residents in attendance: 12 • City Staff in attendance: 5 (Mayor Morrison, PD, PW) • Action requests submitted: 3 Sweetwater Heights (January 24): • Residents in attendance: 6 • City Staff in attendance: 3 (PD, FD) • Action requests submitted: 4 MLK COMMUNITY BUILDING • 140 EAST 12`" STREET, SUITE A • NATIONAL CITY • CA 91950 TEL. (619) 336-4560 • FAX (619) 336-4292 Old Town (January 25): • Residents in attendance: 8 • City Staff in attendance: 4 (Mayor Morrison, PD, FD, PW) • Action requests submitted: 7 Totals (January 2007): • Residents in attendance: 74 • Action requests submitted: 34 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 10 ITEM TITLE TEMPORARY USE PERMIT —Inflatable Air Dancer at Liberty Tax Service located at 1615 Plaza Blvd. from February 21, 2007 to April 15, 2007 from 7 a.m. to 9 p.m. daily with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Liberty Tax Service, located at 1615 Plaza Blvd., to raise a 25-ft. Inflatable Air Dancer for advertising during tax season. The Air Dancer will be permitted from February 21, 2007 to April 15, 2007 between 7 a.m. and 9 p.m. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ltolt✓ /`�Q�r�� Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/g9) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Liberty Tax Service EVENT: Inflatable Air Dancer for advertising purposes DATE OF EVENT: February 21, 2007 to April 15, 2007 TIME OF EVENT: 7 a.m. to 9:00 p.m. daily APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x j NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RECEIVEp- JAN 2 2 2007 ITY, CALIF Type of Event: Public Concert _ Parade Motion Event Title: N/ 'j C-E A— j2 AND /A) I 7-�.1� wee � T Event Location: /B• 0^) / v/� Participants) Spectators) Festival Circus Other Community Event _ Block Party Fair Demonstration _ Grand Opening Event Date(a'rom' / Actual Event Hours: Month/Day/Year am/pm to otal Anticipated Attendance: ( am/pm Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): 1fo oC� / /JC(� .-j17%/�` A- / m12_ Lt)/ tryz,J.c_ Dismay taste ©d ompletion Time: am/pm List any street(s) requiring closu e as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organizatio j� 7A)e �1 E7Q 1/(C - L�or Profit Chief Officer of Organization (Name) / Applicant (Name): G- (� Address: /gyp/S/-y-LZ--_,y /o/� Daytime Phon , /7j V /(2ny Phon -6( t t- Not-for-Profit Contact Person on site day of the event Pa g er/Ceilulr,c NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIAt_S 1 Fees The cost of processing the permit is dependent on the number of departments that must review the application. The maximum fee is $345. Unless a fee waiver is requested, the application fee is required at the time of submittal. The temporary use permit fees for events which are later withdrawn are nonrefundable Waiver of Fees To apply for a waiver of fees the Request for a Fee Waiver must be completed and submitted with the application. Fee waivers are generally granted for non- profit organizations that can demonstrate that the event will not generate any income to the organization, or that the net proceeds of the event will result in: a) direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or b) direct financial benefit to city government such as the generation of sales tax; c) direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club, etc; or d) direct financial benefit to an organization, which has been the direct recipient of City or Community Development Block Grants (CDBG) funding. Only the City Council has the authority to grant a waiver of fees. Duration The Class A Temporary Use Permit will be valid for ten days or as limited by the City Council. The permit is valid for the dates specified on the permit only. Insurance Where the use of City facilities is involved, the applicant may be required to provide a certificate of insurance, evidencing combined single limit coverage of at least $1 million and naming the City of National City and its officials, employees, agents and volunteers as additional insured's. Amounts of coverage are to be determined by the National City Risk Manager. In all cases involving the use of City facilities, the applicant is required to provide a Hold Harmless Agreement holding the City harmless from liability arising from the use of the facilities. Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO _ YES 10 $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 04- G r ! _ ..lava► . . ' �► -)I1 s' tAxic ES Xria !en(Es ,no. sal F �( ar vii re �ar5 erne � a ivo , iroin National City car i eaters? If NO Hs! any additional Beale rn on/ed in th sale Business Licenses A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies A permit is required from the Fire Department to erect a tent excess of 200 square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be treated with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained from the Fire Department. _ YES NO Does the event involve the sale or use of alcoholic beverages? ✓YES-4 NO Will items or services be sold at the event? If yes please describe; YEA/NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES `- NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES'! NO' Does the event involve the us of tents or canopie ? IfYES: Number of tent/canopies Sizes — NOTE: A separate Fire Dep rtment permit is required for tents or canopies. YES V NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs r Fencing, barriers and/or barricades y Generator locations and/or source of electricity sr Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must he returned to a clean condition.) Number of trash cans Trash containers ,.vith hrts Describe your plan for clean-up and removal of waste and garbage during and after the event. Please describe your procedures for both Crowd Control and Internal Security: YES i/NU Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES l/NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe e,fc plain for DISABLED PARKING. Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. m Finish Time YES Will sound checks be conducted prior to the event? If YES, please indicate: YES ' 0 Are there any musical entertainment features related to your event? if YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: ype of Music: NO Will sound amplification be used? If YES, please indicate: O0rt time: YES 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: Start time: am/pm Please describe the sound equipment that will be used for your event: am/'pm Finish Time YES NO Any signs, banners, decorations, special lighting? if YES, please describe: Revised 08/10/05 Event: for Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: a.11�er� 'reel_ D:rector Building K Safety Department '- Ir uan(G1S, sr y Wlllu uuiieG1 s, all puppets 11111a LQU1GJ� Llall\alJ.b VA1..LUU.I1J, 1AY buy all uaLJ.... a u.5, Inflatable Air Dancers Deluxe As much as ! ° : ess for our air dancers in comparison to our com 15' Octopus Air Dancer 15' Chef with 15' Hula Girl Artwork (Green Hair) 15' Chinese Chef Tube Dancer 15' Hu: (Brur. 15' Mariachi (C Sky Dana 8 http://www.creatableinflatables.com/air dancers_deluxe.htrn 1/22/2007 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 11 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Bayview Tower Advertising Banners located at 801 National City Blvd. from March 1, 2007 to September 30, 2007 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Motivational Systems to continue to display the Bayview Tower Advertising Banners until September 30, 2007. One banner is 60' x 20' in size and reads "Condos from $185,000". The second banner is 10' x 60' and reads "(619) 336-0303." Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) i/ Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Motivational Systems, Inc. EVENT: Bayview Tower Advertising Banners DATE OF EVENT: March 1, 2007 to September 30, 2007 TIME OF EVENT: N/A APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING When banners are dismantled in September 2007, please use appropriate safety means, i.e. cones and barricades, to protect pedestrians and vehicles from possible falling objects. For more information, please contact Kenneth Fernandez at 619-336-4388. FIRE (619) 336-4550 1. Banners to be of a flame retardant material. 2. Banners to be securely affixed in such a manner as to prevent any possibility of banners become detached. 1 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Type of Event: _ Public Concert _ Fair _ Parade _ Demonstration _ Motion Picture _ Grand Opening Festival Circus Other _ Community Event _ Block Party Event Title: Alf VIEW 77)WE-as 74hUE17S/n1G gA.NAlExS Event Location: C, ILL) E Q (1 D 4 U E Ci, r ? S+ Event Date(s): From)}'»gC4 to Seri- Total Anticipated Attendance: Month/Day/Aear ( Participants) ( Spectators) Actual Event Hours: am/pm to am/pm Setup/assembly/construction Date: A / 4 Start time: Please describe the scope of your setup"""/assembly work (specific details): /4I2E34-b y P,s7i3OG - 7-his ► s AA) n 7/ m E Dismantle Date;5C14 !O)O7Completion Time: 5.00 f f' am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: di 0 T) tl Arr in A) A'L G For Profit ! _ Not -for -Profit Chief Officer of Organization (Name) X0 gE -r l/i6 .) G Applicant (Name): /}1 b'j I U !} 7 in A) .S ysYE-nkS Z 1l) C • Address: »bD r,Iof6L4AJb Igor: 41,4-77oNg-/ C f--y +911 Daytime Phone:/T) 17v-Dtic Evening Phone: (.,(y ) VN—f (bax: (l/qq) 1/7?C?Dp Contact Person "on site" day of the event: 5 l/ L V / .4 Ffg% E /e / ��77`/. !! (!,, Pager/Cellular: / 1q l 7��� — 5•ay 7 XT 3-7V Is your organization a "Tax Exempt, nonprofit" organization? — YES /NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): $ r i Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ r Estimated Expenses for this event. $ Pc What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES V NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES V NO Will the event involve the use of the City stage or PA system? _ YES ✓ NO Does the event involve the sale or use of alcoholic beverages? YES lL NO Will items or services be sold at the event? If yes, please describe: YES " NO In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden ar as. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): • Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions ), Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or r fated st uctures • Vehicles and/or trailers • Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids. Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Coiitrol and Internal Security: _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES ✓ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Iv Please provide a detailed description of your PARKING play: Please describe your plan for DISABLED PARKING: Jr Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES -NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. YES _ NO Number of Stages: Type of Music: Will sound amplification be used? If YES, please indicate: Start time: Number of Bands: am/pm Finish Time am/pm YES 1./NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES ✓ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES v NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 8 ITEM #12 2/20/07 NATIONAL • CITY *TRANSIT MONTHLY REPORT FEBRUARY-2007 PERFORMANCE DIVIDENDS MONTH JAN-06 DEC-06 JAN-07 Ridership: 136,726 132,348** 134,392* RECEIVED FEB 2 2007 Passengers per mi. 3.42 3.54 3.40 Passengers per hr. 39.3 39.2 38.71 Revenue miles: 39,989 37,420 39,535 Revenue Hours: 3,471 3,376 3,471 Fare Box recovery 40.5% 41.8% N/A*** * One Less weekday Service day -January 1st ** One less weekday Service day -Christmas *** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH JAN-06 DEC-06 JAN-07 Road Calls 01 0 02 Preventable Accidents 0 0 01 Ramp deployments 534 637 731 Our on -time performance 92.0% 92.2% 99.5% Customer Complaints 01 0 0 Customer Compliments 0 02 0 Maintenance: NCT vehicles used 12,120 gallons of low sulfur diesel fuel in January. The average price per gallon was approximately $2.292 compared to $2.492 in December. NCT maintenance personnel completed 21 Preventative maintenance Inspections (PMI's), 73 minor repairs, and 31 major repairs to our fleet vehicles in January. Submitted: February,9, 2007 ohn P. Webster Sr. Vice President -General Manager National City Transit 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■Jan-06 ■Dec-06 ❑Jan-07 City of National City, California COUNCIL AGENDA STATEMENT February 20, 2007 ..MEETING DATE AGENDA ITEM NO. 13 ITEM TITLE WARRANT REGISTER # 28 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance Tess E. Limfueco 619-336-4330 EXPLANATION Ratification of Warrant Register # 28 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 $ 1,271,797.47 BOARD / COMMISSION R OMMENDAjION ti ATTACHMENTS ( Listed Below ) WARRANT REGISTER #28 Resolution No. A-200 (9/80) City of National City WARRANT REGISTER # 28 1/16/2007 PAYEE ALEXANDER'S LEGAL SEMINARS AMERICAN PLANNING ASSOCIATIO ARCO GASPRO PLUS BANK OF AMERICA BDS ENGINEERING INC CAPF CALIFORNIA COMMERCIAL ASPHAL CALIFORNIA LAW ENFORCEMENT CALIFORNIA POLICE EQUIPMENT CCH CINGULAR WIRELESS CINGULAR WIRELESS CITY OF SAN DIEGO CLEAN HARBORS CONSTRUCTION ELECTRONICS INC. CORPORATE EXPRESS DELTA DENTAL DELTACARE (PMI) DIXIELINE LUMBER CO DIXIELINE LUMBER CO. DSL EXTREME DURRA INK EXPRESS TEL GRAINGER DESCRIPTION REV#34 SD CIVIL LITIGATION MANUAL CEOA WORKSHOP/JAN 19 2007 FUEL FOR CITY FLEET BOA MISC. CHARGES PUMP STATION UPGRADES SVCS 09/07/06 FIRE/LTD JAN 2007 ASPHALT PD/LTD JAN 2007 MOP 50746 POLICE EQUIPMENT GOVERNMENTAL GAAP GUIDE 2007 -DATA VOICE MONTHLY SERVICE DATA VOICE619-607-5026 IND. WASTE PERMIT 07/01/06-10/20/06 HAZARDOUS WASTE PICKUP JAN 2007.MAINT CONTRACT MOP 45704 OFFICE SUPPLIES DENTAL INS JAN 2007 DENTAL INS PMI JAN 2007 MOP 45707 TRASHCANS , SHACKLE, CHAIN MOP 45707 EXT PASTEL GAL DSL SERVICE MOP 46766 BUSINESS CARDS PAGER SERVICE FOR PD MOP 65179 - HEATER CHK NO DATE AMOUN 212544 212545 212546 212547 212548 212549 212550 212551 212552 212553 212554 212555 212556 212557 212558 212559 212560 212561 212562 212563 212564 212565 212566 212567 1/16/07 1/16/07 1/16 7 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 1/16/07 52.77 100.00 20,029.82 5,955.62 2,940.00 608.00 338.66 1,540.50 159.42 24.70 2,653.39 32.35 2,438.82 776.00 843.55 33.27 14,072.15 3,378.07 1,299.33 902.77 53.88 80.83 166.54 222.24 GROSSMAN PSYCHOLOGICAL ASSO HEALTH DIMENSIONS HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HORIZON HEALTH EAP I.M.P.A.C. GOVERNMENT SVCS INDEPENDENT FORENSIC SERVICES JEFFERSON PILOT FINANCIAL KAISER FOUNDATION HEALTH PLAN KAISER FOUNDATION HEALTH PLAN LASER SAVER INC MAAC PROJECT MIRACOSTA COLLEGE MIRACOSTA COLLEGE MX LOGIC, INC NEXUS INTEGRATED SOLUTIONS PORAC LEGAL DEFENSE FUND PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO. SBC/MCI SBC/MCI SBC/MCI SDG&E OFFICER ASSIST/ JAN - MAR 07 HEALTH EXPO HEALTH INS JAN 2007 57135A HEALTH NET- 57135F/JAN 2007 HEALTH -ELECT INS 85027A /JAN2007 HEALTH-RET INS 85027B / JAN 2007 HEALTH -SR PLUS-57135J/ JAN 2007 EMPLOYEE ASST PROGRAM DEC 2006 CAL CARD-CAMACHO REC CNTR SART EXAMS LIFE INS JAN 2007 KAISER INS ACTIVE JAN 2007 RETIREES INS /JAN 2007 MOP 45725 REWORK -YELLOW LEAD HAZARD CONTROL-NOV 2006 ADV MATL FEESN FERNANDO & D JOSSE ADV TUITION/V FERNANDO & D JOSSE ANTI-SPAM FILTER NEC AND SOFTWARE MAINTENANCE LEGAL DEFENSE FUND MOP 45742 LAUNDRY RACK SRVCS BIKEWAY MASTER PLAN 09/29/2006 T-1, PHONE, ISDN LINES Jar..' 07 T-1, PHONE, ISDN LINE& Jan' 07 T-I, PHONE, ISDN LINES Jan' 07 STREET DIVISION GAS & ELECTRIC Jan'07 212593 SOUTHWEST SIGNAL SERVICE, INC. DEC 2006 TRAFFIC SIGNAL/LIGHT MAINT 212594 STATE HUMANE ASSOCIATON OF C SUN BADGE COMPANY INC. SUN TRUST SWEETWATER AUTHORITY THE STAR NEWS THOMSON WEST UNION SECURITY INSURANCE CO. 2007 CA. ANIMAL LAWS HANDBOOK MOP 45761 BADGE FIRE TRUCK #1 LEASE PYMNT #35 STREET DIV WATER #810-3601-0 ADVERTISING FOR PUBLIC HEARINGS LEGAL PUBLICATIONS VTL JAN 2007 212568 1/16/07 2,967.50 212569 1/16/07 700.00 212570 1/16/07 59,96520 212571 1/16/07 3,192.1_, 212572 1/16/07 2,485.97 212573 1/16/07 514.08 212574 1/16/07 471.80 212575 1/16/07 816.24 212576 1/16/07 452.60 212577 1/16/07 850.00 212578 1/16/07 10,777.55 212579 1/16/07 103,739.99 212580 1/16/07 3,285.31 212581 1/16/07 73.17 212582 1/16/07 27,777.00 212583 1/16/07 290.00 212584 1/16/07 40.00 212585 1/16/07 441.00 212586 1/16/07 672.0C 212587 1/16/07 96.00 212588 1/16/07 103.08 212589 1/16/07 33,221.16 212590 1/16/07 5,069.58 212591 1/16/07 249.04 212592 1/16/07 74.12 1/16/07 49,907.85 1/16/07 7,149.63 212595 1/16/07 56.00 212596 1/16/07 160.75 212597 1/16/07 5,009.63 212598 1/16/07 415.04 212599 1/16/07 161.44 212600 1/16/07 1,353.45 212601 1/16/07 2,261.66 2 SAN DIEGO FRICTION PROD. SAN DIEGO GAS & ELECTRIC SOUTH COAST MEDICAL CLINIC THE HOME DEPOT CRC UNIFIRST W.W. GRAINGER, INC. VALLEY INDUSTRIAL SPECIALTIES MOP 46453 - REPAIRS/BACKFLOW VERIZON WIRELESS - SD AT SYSTEMS WEST INC AVAYA, INC BAYSHORE TRANSIT MGMT INC BLUE SHIELD OF CA BOARD OF EQUALIZATION. CUMMINS CAL PACIFIC, LLC DHL EXPRESS (USA) INC. EW TRUCK & EQUIPMENT CO INC EXXONMOBIL/GECC FLEET SERVICES, INC GREAT AMERICAN INSURANCE CO JANKOVICH COMPANY KAISER FOUNDATION HEALTH PLA MTS NEW FLYER PARTS PITNEY BOWES CREDIT CORP PRINCIPAL FINANCIAL GROUP PRUDENTIAL INSURANCE CELL PHONE SERVICES -Jan' 07 ARMORED CAR SERVICES AUTOMATED PHONE SERVICES PAYROLL FOR CHECK DATED 01/12/06 DENTAL INS. JANUARY '07 DIESEL FUEL TAXES OCT-DEC 2006 BUS PARTS DHL SHIPPING SERVICES BUS PARTS FUEL FOR STAFF VEHICLES UNLOADER KIT WORKERS COMP. DIESEL FUEL MEDICAL INS. FEBRUARY '07 TELEINFO SERVICES FOR FY07 BUS PARTS POSTAGE. PAYROLL PPE 01/06/07 LIFE INS. JANUARY '07 REGIONAL COMMUNICATIONS SYST DEC2006 USE OF THE 800 MHZ RADIOS BUS PARTS GAS & ELECTRIC 11/28/06-12/28/06 DRIVING, PHYSICAL EXAMS, DRUG SCREED SHOP MATERIALS & SUPPLIES MAINT LAUNDRY SERVICE SHOP SUPPLIES 212602 1/16/07 275.60 212603 1/16/07 4,372.44 212604 1/16/07 392.8`9 212605 1/16/07 46.88 212606 1/16/07 56,302.59 212607 1/16/07 618.00 212608 1/16/07 447.74 212609 1/16/07 278.51 212610 1/16/07 16.68 212611 1/16/07 1,212.26 212612 1/16/07 10.00 212613 1/16/07 259.76 212614 1/16/07 10, 623.92 212615 1/16/07 16, 821.87 212616 1/16/07 9,270.00 212617 1/16/07 2,335.92 212618 1/16/07 688.44 212619 1/16/07 35.03 212620 1/16/07 2,765.48 212621 1/16/07 243.78 212622 1/16/07 609.50 212 623 1/16/07 1,681.38 212624 1/16/07 1,910.12 212625 1/16/07 220.00 212626 1/16/07 52.44 212627 1/16/07 148.38 212628 1/16/07 273.42 Total Workers compensation checks 495,415;70 12621 1/10/07 103.33 12622 1/10/07 11.69 12623. 1/10/07 27.84 12624 1/10/07 93.74 12625 1/10/07 110.00 3 12626 1/10/07 66.00 12627 1/10/07 110.00 12628 1/10/07 154.00 12629 1/10/07 132.0c .- 12630 1/10/07 132.00 12631 1/10/07 66.00 12632 1/10/07 66.00 12633 1/10/07 110.00 12634 1/10/07 110.00 12635 1/10/07 110.00 12636 1/10/07 110.00 12637 1/10/07 336.73 12638 1/10/07 373.92 12639 1/10/07 416.27 12640 1/10/07 133.60 12641 1/10/07 152.53 12642 1/10/07 72.25 12643 1/10/07 459.59 12644 1/10/07 931.5C 12645 1/10/07 1,25 9.51 12646 1/10/07 1,392.32 12647 1/10/07 440.00 12648 1/10/07 370.00 12649 1/10/07 440.00 12650 1/10/07 440.00 Total 8,730.82 Total 504,146.52 PAYROLL Pay period Start Date End Date Check Date 294 12/19/06 1/1/07 1/10/07 TOTAL $767,650.95 GRAND TOTAL $1,271,797.47 TRANSIT WARRANTS CHECKS 212604-212628 CK5 25 TOTAL $107,264.99 4 City of National City Warrant Register # 28 1/16/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 154 STATE PUBLIC LIBRARY FUND 172 TRASH RATE STABILIZATION. FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 188 GRANT - HIDTA 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 273 CBAG-MAJOR MEXICAN TRAFFICKERS 282 REIMBURSABLE GRANTS CITYWIDE 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE Total 810, 979.84 23,660.75 14,052.87 3,082.90 290.00 24,688.94 1,741.23 2,845.67 887.93 4,422.92 1,485.12 5,525.94 1,402.53 3,141.78 2,864.96 1,399.16 34,620.17 2,004.67 192.48 1,738.58 14,027.75 43,060.62 38,441.60 5,138.39 107,264.99 39,552.96 12,331.25 4,251.25 4,705.20 15,166.43 10,122.92 28,487.67 8,218.00 1,271,797.47 COUNCLJL Aisamat 672;,rrAegt,s21' February 20, 2007 14 MEETING DATE AGENDA !TEM O. ITEM TITLE WARRANT REGISTER # 29 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Ratification of Warrant Register # 29 per Government Section Code 37208. Finance Tess E. Limfueco 619-336-4330 Environmental Review N/A Financial Statement Not applicable. Approved By: otv*- GeA^P') Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 625,666.96 BOARD / COMMISSION RECOMMENDATION Coleet ATTACHMENTS ( Listed Beiow ) Resokition No. - WARRANT REGISTER #29 A.-200 (918G) Payee N C CHAMBER OF COMMERCE 911/TLC ACCOUNTEMPS City of National City WARRANT REGISTER # 29 1/23/2007 Description CHAMBER 96TH ANNUAL DINNER ADV REG/M HERNANDEZ & M GAFFNEY TEMP SRVCS-M REBELEZ W/E 01/05/07 ADDICTION MEDICINE CONSULTAI< MEDICAL SERVICES ASIAN JOURNAL AYALA BDS ENGINEERING INC BOOT WORLD ADVERTISING REFUND OF REPORT PMT PUMP STATION UPGRADES SEP 2006 SRVCS 212635 MOP # 64096 BOOTS - ACOSTA CALIFORNIA COMMERCIAL SECUR MOP #45754 BLDG MATERIAL - LIBRARY CALNENA, INC. CARDIAC SCIENCE CORP. CAROLINES FLOWERS CARR. CELSOC CITY OF NATIONAL CITY COPSPLUS INC. CORPORATE EXPRESS COUNTY OF SAN DIEGO CREATIVE MGMT SOLUTIONS, INC D-MAX ENGINEERING INC DAILY JOURNAL CORPORATION DIXIELINE LUMBER CO. DOKKEN ENGINEERING ED REED ENVIRONMENTAL HEALTH COALI EXPERIAN ADV REG/M HERNANDEZ & M GAFFNEY OFFICE SUPPLIES MISC EXPENSE —FLOWERS FOR LIN CITATION REFUND 2007 CELSOC PUBLICATION PETTY CASH REPLENISHMENT FIRST DEFENSE MK-4 FLDR, PB, 1/3, 2FAS, LGL, GY VAP / PARADISE CREEK COMPENSATION SURVEY ANALYSIS DEC 2006 STORM WATER SRVCS LA DAILY JOURNAL MOP 45707-CHAINLINK FABRIC PLAZA BLVD PS&E DEC 2006 SRVCS DIRECTOR STIPEND / JULY-DEC 06 SRVCS-LEAD HAZARD CONTRACT DEC 2006 CREDIT CHECKS -NEW PD EMP chk no chk date amount 212629 1/18/07 212630 1/23/07 212631 1/23/07 212632 1/23/07 212633 1/23/07 212634 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 ,1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 212652 1/23/07 212653 1/23/07 212654 1/23/07 2.12636 212637 212638 212639 212640 212641 212642 212643 212644 212645 212646 212647 212648 212649 212650 212651 50.00 130.00 1,110.00 512.50 60.00 6.00 2,283.60 664.72 755.38 620.00 139.20 59.81 25.00 273.40 641.08 337.50 54.44 115.00 3,700.00 13,748.09 710.14 334.93 25,328.14 2,500.00 16,013.68 184.32 Payee FEDEX FEDEX KINKO'S GAFFNEY GREGORY J. SMITH HANSON AGGREGATES PACIFIC HERNANDEZ HERNANDEZ HOLLOWAY HOMEAGAIN PET RECOVERY SVC HYATT REGENCY ORANGE COUNT IDENTIX INC. IMAGING PRODUCTS INTERNATIONAL CODE COUNCIL I JAS PACIFIC, INC. JOHN DEERE LANDSCAPES KINKO'S NATIONAL KIWANIS CLUB OF NC LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEXIS-NEXIS LIEBERT CASSIDY WHITMORE LORMAN EDUCATION SERVICES MAN K-9 INC. MARSHALL MUSIC MARSHALL MUSIC MATTHEW BENDER & CO INC MCCS/MCRD City of National City WARRANT REGISTER # 29 1/23/2007 Description FEDEX CHRGS PRINTING JOB - COUNCIL MEETING ADV MEALS - 20/20 & CAL NENA MPR EXTRACT CLASS II BASE ED REIMBURSEMENT ADV MEALS & MILES- PRE CONF 20/20 RFND OVRPMNT OF COBRA DENTAL MICROCHIP REG - K9 KEVIN ADV LODGING/HERNANDEZ & GAFFNEY GOVERNMENTAL PURPOSES PELICAN CASES RES. COMBO INSPECTOR CERT BUILDING OFFICIAL FEES - F. SMITH MOP #69277 LANDSCAPING MATERIAL COPIES OF THE STRATEGIC PLAN KIWANIS CLUB DUES - NOV & DEC MOP 45725-OFFICE SUPPLIES LEAGUE OF CA CITIES DUES LEXIS ON-LINE CHARGES - DEC 06 RETAINER AGREEMENT NOV 2006 WORKER'S COMP UPDATE TRAINING WEEKLY MAINT TRAINING MUSIC SHEET - NC COMM CONCERT MUSIC SHEET -NC COMM CONCERT CA DEER DESKTOP CODE SET, 2007 ARTICLE - INSIGHT 2006. chk no chk date 212655 1/23/07 212656 1/23/07 212657 1/23/07 212658 1/23/07 212659 1/23/07 212660 1/23/07 212661 1/23/07 212662 1/23/07 212663 1/23/07 212664 1/23/07 212665 1/23/07 212666 1/23/07 212667 1/23/07 212668 1/23/07 212669 1/23/07 212670 1/23/07 212671 1/23/07 212672 1/23/07 212673 1/23/07 212674 1/23/07 212675 1/23/07 212676 1/23/07 212677 1/23/07 212678 1/23/07 212679 1/23/07 212680 1/23/07 212681 1/23/07 amount 18.06 239.56 114.00 125.00 1,463.49 390.78 183.42 125.75 17.50 511.36 4.0Q— 417.6r 30.00 3,280.00 258.60 158.64 124.00 358.77 1,000.00 132.91 1,300.00 309.00 8,150.00 206.05 155.36 392.07--•-, 2,200.0 2 City of National City WARRANT REGISTER # 29 1/23/2007 Payee MILE OF CARS ASSOCIATION MORGAN SQUARE, INC. MORGAN SQUARE, INC. N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE NEXUS INTEGRATED SOLUTIONS NICK RAIL MUSIC OFFICE TEAM ORIENTAL TRADING, CO., INC. PARADISE VALLEY HOSPITAL PICAZO,IVAN PRECISION DYNAMICS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUEST DIAGNOSTICS WEST REGIONAL COMMUNICATIONS SY RJA MANAGEMENT SERVICES SAINZ Description FYO 6 -0 7APPORTIONMENT#5 FY06-O7APPORTIONMENT #5 FY 06-07 APPORTIONMENT # 3 & 4 GEORGE HOOD MEMBERSHIP DUES CHAMBER DINNER- ZARATE CHAMBER DINNER - NATIVIDAD NEC/SOFTWARE MAINT FEB-APR 2007 chk no 212682 212683 212684 212685 212686 212687 212688 INV#6777I7-MUSIC EQUIP FOR GROWING BA/212689 INV#17114905-TRMP SRVCS RIVERA, M 212690 MISC HOLIDAY SUPPLIES & MATERIALS, IE 212691 HEALTHY. HOMES PROJ DEC 2006 LIABILITY CLAIM COSTS SECURBAND SOLID ORANGE MOP #45742 UNIFORMS -PARKS SERVICE PERIOD 1-07-4 WC CLAIM COSTS RCS RADIO MAINT DEC 2006 CONSULTANT SERVICES Y. EXAM FEE SAKAMOTO BOOK PURCHASE REIMBURSEMENT SAN DIEGO MIRAMAR COLLEGE 'ADV ACADEMY TUITION- SAKAMOTO SBC/MCI SD FIRE RESCUE FOUNDATION SHEPHARD SHOEMAKER SPARKLETTS T-1, PHONE, ISDN LINES • Jan' 07 AUTOMATIC EXTERNAL DEFIBR REIMBURSEMENT - SUBS & TRAVEL ED. REIMBURSEMENT - ICS 400 WATER_ MAYOR & COUNCIL OFFICE STATE COMPENSATION INS FUND WC CLAIM COSTS & EXPERT SRVCS 212692 212693 212694 212695' 212696 212697 212698 212699 212700 212701 212702. 212703 212704 212705 212706 212707 212708 chk date amount 1/23/07 14,012.14 1/23/07 37,165.16 1/23/07 2,110.63 1/23/07 65.00 1/23/07 50.00 1/23/07 50.00 1/23/07 5,104.08 1/23/07 1,882.12 1/23/07 2,736.42 1/23/07 426.48 1/23/07 13,525.04 1/23/07 460.00 1/23/07 214.17 1/23/07 . 527.07, • 1/23/07 209,656.68 1/23/07 85.00 1/23/07 8,877.50 1/23/07 1,074.75 1/23/07 150.00 1/23/07 183.23 1/23/07 550.00 1/23/07 ' 17.75 1/23/07 6,500.00 1/23/07 92.00 1/23/07 55.00 1/23/07 37.42 1/23/07 6,441.56 3 City of National City WARRANT REGISTER # 29 1/23/2007 Payee THE STAR NEWS U.S. HEALTHWORKS ZEE MEDICAL, INC. BUCK PETROLEUM CO CORPORATE EXPRESS CUMMINS CAL PACIFIC, LLC FIRST ADVANTAGE CORPORATION JOHN BURNHAM INSURANCE SVCS NEW FLYER PARTS NEXTEL COMMUNICATIONS SAN DIEGO TRANSIT CORPORATIO SBC SOUTH COAST MEDICAL CLINIC SPANKY'S, INC. SWEETWATER AUTHORITY W.W. GRAINGER, INC. AL'S COINS AMAZON.COM CREDIT AMERICAN LIBRARY ASSOC BAKER & TAYLOR BRODART CITY OF NATIONAL CITY DEMCO INC. DIGITAL NETWORKS GROUP, INC EAST WEST DISCOVERY PRESS LIBROMEX.COM MIDWEST TAPE Description chk no chk date amount ADVERTISING OF PLANNING 212709 1/23/07 164.00 PRE-EMP PHYSICALS (CITY) 212710 1/23/07 330.00 TAPE, 2"5 YD, 3 CUT SPOOL 212711 1/23/07 379.66 MOTOR OIL & LUBRICANTS 212712 1/23/07 767.59 OFFICE SUPPLIES 212713 1/23/07 126.75 BUS PARTS. 212714 1/23/07 820.69 1/23/07 330.00 212716 1/23/07 1,763.00 BUS PARTS 212717 1/23/07 242.76 TELEPHONE SRVCS FOR BUS RADIOS 212718 1/23/07 495.11 BUS PASSES 212719 1/23/07 60.00 TELEPHONE SRVCS 1/5/07-2/4/07 212720 1/23/07 412.1: PHYSICAL, PRE -EMPLOYMENT TESTS 212721 1/23/07 846.50 PORT -POTTY SRVCS OI'/I•0/07-02/06/07 212722 1/23/07 440.43: , WATER SRVCS #135-4100-3 212723 1/23/07 657.66 SHOP SUPPLIES 212724 1/23/07 64.63 LOCAL HISTORY ROOM REFERENCE BOOKS 212725 1/23/07 315.92 ADULT NON-FICTION BOOKS 212726 1/23/07 163.93 AMERICAN LIBRARY ASSOCIATION MEMBEP212727 1/23/07 1.60.00 212728 1/23/07 179.80 212729 1/23/07 131.11. SALES TAX FOR OUT OF STATE VENDORS 212730 1/23/07 13.04 MATERIALS AND SUPPLIES-. 212731 1/23/07 55.20 REMOTES FOR SANYO PLC-XU56 PROJECTOR212732 1/23/07 223.81 SPANISH LANGUAGE CHILDREN'S BOOKS 212733 1/23/07 436.82 SPANISH LANGUAGE BOOKS 212734 1/23/07 136.45.---., DVD/VIDEOS & PROCESSING SUPPLIES, AS 212735 1/23/07 1,642.0'., PRE -EMPLOYMENT, RANDOM, POST-ACCIDE1212715 PROPERTY INSURANCE 1/12/07 TO 1/12/08 REFERENCE BOOKS ADULT AND CHILDREN'S BOOKS 4 Payee NATIONAL SCHOOL DISTRICT OMNIGRAPHICS, INC. THOMSON GALE THOMSON WEST U.S. POSTMASTER WORLD BOOK SCHOOL AND LIBR BELL BROWN CATHAY RETA CINGULAR WIRELESS CINGULAR WIRELESS CLEAR CHANNEL OUTDOOR CORPORATE EXPRESS COX';, '. CRONE HOUSE PUBLISHING DEMCO INC. DEMCO INC. DEVINE DOZAL EASTMAN EMPIZO FEDEX GOODYEAR HINRICHS KAUR KIDSROCK LANG City of National City WARRANT REGISTER # 29 1/23/2007 Description chk no chk date amount PRINTING FOR FIESTA NIGHTS AND BOOK 212736 1/23/07 137.42 ADULT REFERENCE BOOKS REFERENCE BOOKS/CONTINUATIONS ADULT REFERENCE BOOKS POSTAGE FOR OVERDUE NOTICES REFERENCE BOOKS TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) STATE LIBRARY CON 1 RACT WINGS CELL PHONE. WOWMOBILE PHONE. CALIFORNIA STATE LIBRARY LITERACY 212737 212738 212739 212740 212741 212742 212743 212744 212745 212746 212747 MAT. & SUPPLIES (LIT:. SVCS & AMERICORPS'212748 TRAVEL (AMERICORPS/LSTA Y-4) 212749 MAT. & SUPPLIES (LIT. INIT. XV) DATE DUE LABEL ROLL/10 ROLLS TAXES TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) MAILING (AMERICORPS/LSTA Y-4) EXPERT SERVICES (AMERICORPS/LSTA Y-4) 212758. EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) EXPERT SERVICES (LIT. SVCS Y-4) TRAVEL (AMERICORPS/LSTA Y-4) 212750 212751 212752 212753 212754 212755 212756 212757 212759 212760 212761 212762 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 1/23/07 55.85 859.69 96.81 600.00 879.79 64.80 213.18 4,000.00 44.52 32.16 31,700.26 2,436.54 18.91;' 929.34 38.96 2.80 20.00; 155.10 20.00 1,844.03 20.14 1,111.25 500.00 53.42 75.00 162.60 Payee LASER SAVER INC LEAGUE OF WOMEN VOTERS LEE LITERACYWORKS LITERACYWORKS LITERACYWORKS MANGER MARISCAL MILLER MILLER NAVARRO NEW READERS PRESS O'HARA PALATO PATINO PAULISSEN PEARSON PEREA REDWOOD CITY FRIENDS OF REDWOOD CITY FRIENDS OF ROJAS ROSALES SCHWARZWAELDER SHADE SPRINT STANISLAUS LITERACY CENTER TUNGATE City of National City WARRANT REGISTER # 29 1/23/2007 Description OFFICE SUPPLIES (LIT. SVCS. Y-4) EXPERT SERVICES (EVG Y-2) TRAVEL (AMERICORPS/LSTA Y-4) STATE LIBRARY CONTRACT STATE LIBRARY CONTRACT STATE LIBRARY CONTRACT TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) INSTRUCTIONAL SUPPLIES (LIT. SVCS Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) VIDEO CONFERENCING, LONG DISTANCE EXPERT SERVICES (AMERICORPS/CNCS Y-4) TRAVEL (LIT. INTI. XV) chk no chk date amount 212763 1/23/07 374.70 212764 1/23/07 77,519.17 212765 1/23/07 17.32 212766 1/23/07 70,000.00 212767 1/23/07 1,200.00 212768 1/23/07 1,000.00 212769 1/23/07 164.84 212770 1/23/07 415.80 212771 1/23/07 20.00 212772 1/23/07 119.68 212773 1/23/07 354.20-- 212774 1/23/07 168.7f 212775 1/23/07 3,431.88 212776 1/23/07 38.27, 212777 1/23/07 10.31 212778 1/23/07 36.00 212779 1/23/07 72.00 212780 1/23/07 20.00 212781 1/23/07 1,114.40 212782 1/23/07 449.06 212783 1/23/07 20.00 212784 1/23/07 9.47 212785 1/23/07 9.40 212786 1/23/07 111.25 212787 1/23/07 28.12 212788 1/23/07 125.00 -n-- 212789 1/23/07 118.601 6 City of National City WARRANT REGISTER # 29 1/23/2007 Payee VERA WALKER XEROX CORPORATION Description chk no chk date amount TRAVEL (AMERICORPS/LSTA Y-4) 212790 1/23/07 77.17 TRAVEL (AMERICORPS/LSTA Y-4) 212791 1/23/07 , 112.14 BASE CHARGES AND OVERAGES FOR 8 XER(212792 1/23/07 1,386.42 Total $ 620,027.55 Workers compensation checks 12651 1/17/07 142.07 12652 1/17/07 83.94 12653 1/17/07 47.39 12654 1/17/07 105.45 12655 1/17/07 75.65 12656 1/17/07 25.17 12657 1/17/07 71.40 12658 1/17/07 83.94 12659 1/17/07 295.91 12660 1/17/07 212.68 12661 1/17/07 193.12 12662 1/17/07 562.53 12663 1/17/07 107.05 12664 1/17/07 121.21 12665 1/17/07 400.00 12666 1/17/07 400.00 12667 1/17/07 400.00 12668 1/17/07 440.01 12669 1/17/07 8.58 12670 1/17/07 22.31 12672 1/17/07 32.30 12673 1/17/07 837.52 City of National City WARRANT REGISTER # 29 1/23/2007 Payee Description chk no chk date amount 12674 1/17/07 971.18 Total $ 5,639.41 Grand Total 625,666.96 TRANSIT WARRANTS Checks: 212712-212724 CKS 13 Total $7,027.24 LIBRARY WARRANTS Checks: 212725-212792 CKS 68 "Total $208,012.83 8 City of National City WARRANT REGISTER #29 1/23/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 136 TINY TO.T CLASSES FUND 211 SECURITY AND ALARM REGULATIO 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUC 285 EASY VOTER GUIDE II 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 320 LIBRARY GRANTS 348 STATE GRANT 552 TDA . 626 FACILiTIES MAINT FUND 627 LIABILITY INS. FUND 630 OFFICE EQUIPMENT DEPRECIATION 631 . TELECOMMUNICATIONS REVOLVI 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE TOTAL 296,665.60 4,637.25 1,268.24. 1,432.96 92.00 3,280.00 16,080.41 8,150.00 569.66 6.00 72.64 11,366.22 77,519.17 18,238.55 31.79 2,905.14 22,423.00 124,372.30 115.00 7,027.24 1,012.88 13,074.17 8,877.50 5,121.83 1,110.00 91.66 125.75 625,666.96 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 15 /ITEM TITLE An Ordinance of the City of National City Rezoning certain Parcels of Real Property I Pursuant to the Land Use Code from IP-PD to RM-3-PD for an 11.9 Acre Vacant Site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File No. GP-2006-1/ZC-2006-1)� PREPARED BY Angela Reeder, 336-4310 DEPARTMENT planning EXPLANATION The City Council voted to approve this Zone Change at the October 17, 2006 public hearing. The attached Ordinance was on the November 21, 2006 Council agenda, but was continued off calendar for no more than 90 days. It would be appropriate to take action on the Ordinance at this time. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION . C¢? Introduce the attached Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT (IP-PD) TO SENIOR CITIZENS' HOUSING -PLANNED DEVELOPMENT (RM-3-PD) FOR AN 11.9 ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LCC CASE FILE NOS. GP-2006-1/ZC-2006-1 WHEREAS, pursuant to the teinis and provisions of the, Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and, WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and, WHEREAS, the City Council found that on the basis of any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a Notice of Exemption which addresses both said General Plan amendment and rezoning; and, WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan; NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned from Private Institutional -Planned Development (1P-PD) to Senior Citizens' Housing -Planned Development (RM-3- PD): An 11.9 acre vacant site between 4`h and 8th Streets and between Arcadia Avenue and Burden Drive, as described on attached Exhibit A; and Section 3. That a Notice of Exemption was filed indicating that the rezoning will not have a significant effect on the environment. PASSED and ADOPTED this 20th day of February, 2007. RON MORRISON, MAYOR ATTEST: MICHAEL DALLA, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY 'Fa eler Sax TON 011/0 T it T L roan nnro EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 16 ITEM TITLE Resolution adopting an Amendment to the Combined General Plan/Zoning Map from IP- PD to RM-3-PD for an 11.9 Acre Vacant Site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File Nos. GP-2006-1/ZC-2006-1) PREPARED BY Angela Reeder 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this General Plan Amendment at the October 17, 2006 public hearing. The attached Resolution was on the November 21, 2006 Council agenda, but was continued off calendar for no more than 90 days. It would be appropriate to take action on the Resolution at this time. Environmental Review Financial Statement N/A N/A Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION .Rep Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT (IP-PD) TO SENIOR CITIZENS' HOUSING -PLANNED DEVELOPMENT (RM-3-PD) FOR AN 11.9 ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LLC CASE FILE NOS. GP-2006-1/ZC-2006-1 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan to change the land use designations on the Combined General Plan/Zoning Map from Private Institutional - Planned Development (IP-PD) to Senior Citizens' Housing — Planned Development (RM-3-PD) for approximately 11.9 acres between 4th and 8th Streets and between Arcadia Avenue and Burden Drive along with evidence and testimony presented at the duly advertised public hearing held by the City Council on October 17, 2006; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the California Government Code; and WHEREAS, the Planning Commission at a duly advertised public hearing held on September 18, 2006, considered the proposed amendment to the General Plan of the City of National City, along with all evidence and testimony presented at said hearing, together with any comments received; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community. NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the proposed amendment is in the public interest and is consistent with General Plan policies to encourage the creation of housing for all segments of the community, including senior housing opportunities, since it increases the City's potential to better serve its elderly population and it will allow for a senior housing development in the area that has accessible public transportation and services such as restaurants, shops, and medical facilities. BE IT FURTHER RESOLVED that the City Council hereby amends the Combined General Plan/Zoning Map from Private Institution — Planned Development (IP-PD) to Senior Citizens' Housing - Planned Development (RM-3-PD), as further described on attached Exhibit "A". --- Signature Page to Follow --- Resolution No. 2007 — February 20, 2007 Page 2 PASSED and ADOPTED this 20th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • • —W Nor nw aaNY--1 ION TET 1 1 r �mn cnerl t ETHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 17 ITEM TITLE Resolution Authorizing Execution of Order to Vacate and Close portions of 7th Street east o Burden Drive and west of Arcadia Avenue. (Applicant: Generations Development, LLC) (Case File No. SC-2006-1) GIiL- PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the October 17, 2006 public hearing. The attached resolution is needed to follow through on that action and can be adopted since there are no conditions of approval to be accomplished. Once vacated, the affected area will become part of the 498 unit Paradise Village senior housing development and will include a 25-foot easement for emergency -vehicle and pedestrian access. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AN ORDER TO VACATE AND CLOSE PORTIONS OF 7TH STREET EAST OF BURDEN DRIVE AND WEST OF ARCADIA AVENUE APPLICANT: GENERATIONS DEVELOPMENT, LLC CASE FILE NO. SC-2006-1 WHEREAS, application was made requesting to vacate and close portions of 7`h Street for motorized nonemergency vehicles east of Burden Drive and west of Arcadia Avenue more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full, excepting therefrom certain public easements, as more particularly described hereafter, in the City of National City, County of San Diego, State of California; and WHEREAS, the City Engineer has caused notice of said vacation and closure to be posted in the manner specified by law; and WHEREAS, the Planning Commission has considered the proposed vacation and closure and has found and determined that the proposed vacation and closure of portions of 7th Street east of Burden Drive and west of Arcadia Avenue is in conformity with the City's adopted General Plan; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the California Streets and Highways Code in order to abandon said street have been done and accomplished; and WHEREAS, a hearing was held on October 17, 2006, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard;and WHEREAS, the City Council at said hearing found from all evidence submitted, that said portion of public right-of-way is unnecessary for present or prospective nonemergency motorized purposes, but will continue to be useful as a nonmotorized transportation facility and emergency access, as defined in Section 887 of the California Streets and Highways Code, and is not needed for present or prospective motorized use; and WHEREAS, the City Council at said hearing found that for the public street to be useful as a nonmotorized transportation public right-of-way and emergency access public right- of-way, a portion of the public street is reserved and excepted from the vacation for an easement and right to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across the street proposed to be vacated; and WHEREAS, the project features a public pedestrian walkway linking Burden Drive and Arcadia Avenue in the same location as 7th Street, which would also allow for emergency vehicular access; and Resolution No. 2007 — February 20, 2007 Page 2 WHEREAS, the applicant is providing an easement for the public pedestrian walkway and emergency vehicular access, as more particularly described in Exhibit "B"; and WHEREAS, the City Council at said hearing further found that vacation and closure of said portion of public right-of-way is in conformity with the adopted General Plan, and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order to Vacate the above described portion of public right-of-way. 2. That the vacation of the above described portion of public right-of-way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the Califomia Streets and Highways Code. 3. That the vacation of the above -described portion of public right-of-way is made to facilitate the development of a 498 unit senior residential community and to ensure continued pedestrian and bicycle usage, and provide for emergency vehicular access. 4. That the vacation is conditioned upon the acceptance and recordation of an easement for a public pedestrian walkway and emergency vehicular access, as described in Exhibit "B". 5. That a portion of the public street is reserved and excepted from the vacation for an easement and right to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across the street proposed to be vacated, as described in Exhibit "B". 6. That the City Clerk is hereby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8325 of the California Streets and Highways Code. 7. That from and after the date that this Resolution is recorded, the above -described portion of public right-of-way no longer constitutes a street, except as reserved and excepted herein. PASSED and ADOPTED this 20th day of February 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on November 21, 2006 by the City Council of the City of National City, hereby orders the vacation of the following street within the City limits of National City: Portions of 7th Street east of Burden Drive and west of Arcadia Avenue, more particularly described in Exhibit "A" attached. Executed this 20`h day of February, 2007. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK EXHIBIT "A" PAGE 1 OF 2 7TH STREET VACATION VACATION OF THAT PORTION OF 7TH STREET DEDICATED TO THE CITY OF NATIONAL CITY ON TRANQUILLA PLACE, MAP NO. 1433 FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO APRIL 26, 1912, TOGETHER WITH THAT PORTION OF 7TH STREET GRANTED TO THE CITY OF NATIONAL CITY PER DOCUMENT FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN • DIEGO APRIL 11, 1938 IN BOOK 765, PAGE 312, ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF QUARTER SECTION ONE HUNDRED FIVE (105) RANCHO DE LA NACION, MAP NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 11, 1869, WITH THE NORTH AND SOUTH CENTERLINE OF SAID QUARTER SECTION; THENCE SOUTH 71° 14' WEST A DISTANCE OF 155.00 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID SECTION 105 ALONG THE EASTERLY LINE OF BURDEN DRIVE AND ITS SOUTHERLY PROLONGATION NORTH 18° 46' WEST A DISTANCE OF 301.84 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF 7TH STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE OF 7TH STREET NORTH 71° 14' EAST A DISTANCE OF 427.75 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF ARCADIA AVENUE, 60 FEET WIDE; THENCE ALONG SAID PROLONGATION NORTH 18° 30' WEST A DISTANCE OF 40.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID 7TH STREET AND THE WESTERLY LINE OF SAID ARCADIA AVENUE; THENCE ALONG SAID NORTHERLY LINE OF 7TH STREET SOUTH 71° 14' WEST A DISTANCE OF 427.94 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BURDEN DRIVE; THENCE ALONG SAID PROLONGATION SOUTH 18° 46' EAST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. o � THOMAS A. JO L.S. 6622 L:\PROJECTS\0482Udmin\Legals\EXHIBIT A -Street Vacation doe • E%HIBIT WAEACE 2_:OF 2 SLY 1/2 SECT 105 RANrrJo Dr LA NACJDN MAR NO. 155 Tio c97i 30' 30' Z oO l T R.O.S. 83-4,6 71'14' W 427.94' N 71'14' E 427.75' O.B. f�. J.S. r3:75'r NORTH SOUTH �/ CENTERLINE OF SECTION 105 / / / / /r7 6TH STREET w UJ aI v 30' 30' 'MANNA LLA PI AC J1/Jr�JJ ,�N � JD J-rJJ TT \I/N 71'14' E 155.00' 8TH STREET P.O.C. N 18'30' W 40.00' LLJ Z LAJ 0 SOUTHERLY LINE OF SECTION 105 LEGEND INDICATES PORTION OF 7TH STREET VACATED HEREON "5 DWG. FILE [:\PROJECTS\0482\Engr\SI Vocoton\7th Sl Voca on.dwo EBHIBIT "B" PAGE 1 OF 2 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 Date 11/10/2006 JN 25-102163 LEGAL DESCRIPTION - FIRE AND PEDESTRIAN ACCESS EASEMENT That certain parcel of land being a portion of East Seventh Street, lying within the South Half of Quarter Section One Hundred Five (105) of the Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of said San Diego County, May 11, 1869, described as follows: A strip of land 25.00 feet wide, lying 12.50 feet on each side and parallel with the following described centerline: COMMENCING at the -centerline intersection of Burden Drive (being 60 feet wide) and East Seventh Street (being 40 feet wide); thence along the centerline of East Seventh Street, North 72°04'52" East 30.00 feet to the intersection of the centerline of East Seventh Street and the northerly projection of the easterly sideline of Burden Drive and the TRUE POINT OF BEGINNING; thence continuing along said centerline of East Seventh Street, North 72°04'52" East 428.09 feet to the intersection of said centerline and the southerly projection of the westerly sideline of Arcadia Avenue (being 60 feet wide) and to the POINT OF TERMINUS. Containing 0.246 acres, more of less. The sidelines of said 25.00 foot easement to be extended or shortened to intersect with said northerly projection of the easterly sideline of Burden Drive and with said southerly projection of the westerly sideline of Arcadia Avenue. This description was prepared by me or under my direction. Stephen R Hawxhurst LS 7355 Expires 12/31/2007 H:\PDA TA\25102163\Admin\Iegals\21631g1-fire 1.doc i1/10/2006 Page 1 of 1 vimpinomew- EXHIBIT "B" PAGE 2 OF 2 FIRE AND PEDESTRIAN ACCESS EASEMENT N72'04'52"E 30.00' POINT OF S1 /2 QTR. RANCHO MAP SE 1 /4 SW 1/4 SECTION 105 DE LA NACION 166 E. SW 1/4 SE 1/4 POINT OF TERMINUS 7TH STREET .g COMMENCEMENT TRUE POINT OF BEGINNING w 6 N72'04'52T 428.09 MAP j 165 c/r �aL E. 8TH STREET PLACE 100 200 300 SCALE: 1 "=100' 433 N c o N s u LTI N G IlBb 0.Jl6.glrt YEA BOU.EYMO, BUTE A, BAH OIdU. GttCl-ut. 611 4.%00 • FAX 115.1t'5CAO1 01 • nnPBF.cem H \PDATA\25102163\CADD\MAPPING\EXHIBITS \2163EASE—FIREI.DWG GMELLOM 11/10/06 10'4? am City of National City COUNCIL AGENDA STATEMENT MEETING DATE: February 20, 2007 AGENDA ITEM NO. 18 / ITEM TITLE: Resolution authorizing the Mayor to execute an Agreement for Grant Funds in the amount of $125,000 from the County of San Diego for the completion of a soccer project at Kimball Park. PREPARED BY: Rudy Lopezr'' (619) 336-4560 EXPLANATION: Please see attached report. DEPARTMENT Community Services Environmental Review N/A Financial Statement National City will receive $125,000 from the County of San Diego. There is no matching requirement for this grant. STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION N/A ,TTACHMENTS (Listed Below) 1. Staff Report 2. Letter from Boys and Girls Club 3. Resolution 4. County of San Diego Grant Agreement Resolution No. EXPLANATION: On September 20, 2005 the National City City Council unanimously approved a proposal, which included a conceptual design and location, to build a soccer field in Kimball Park in collaboration with the Boys and Girls Club of National City with funding to be provided by a grant from the County of San Diego based upon a recommendation from Supervisor Greg Cox and CDBG funds awarded to the Boys and Girls Club. The Boys and Girls Club was selected to be the lead agency on the project. Bi-monthly meetings were held between the Boys and Girls Club, the City of National City, and RMF, a contracting firm who was providing design and cost estimates. During the course of the bi-monthly meetings, the Boys and Girls Club's Board of Directors decided to move away from constructing a futsal/arena soccer field and to instead construct a multi- use field. On September 1, 2006 the Boys and Girls Club informed the City of National City that they would be unable to further collaborate on the development of and/or operate the completed project due to an unforeseen increase in club membership and requested that the City of National City assume those responsibilities. City staff then began discussions with Boys and Girl's Club and the County of San Diego to transfer funding for the project to the City of National City. With approval of this resolution, the County of San Diego is transferring funding from the Boys and Girls Club as lead agency to the City of National City. In a separate item, staff will ask the City Council to consider transferring the CDBG funds previously allocated to the Boys and Girls Club to the City of National City in order to complete the financing package for the soccer project. Given the Boys and Girls Club's inability to operate the soccer field, staff is given the opportunity to reevaluate the project into one that is more conducive to the recreational needs of the community and to future uses of Kimball Park. The City Engineer will work with a landscaping consultant for estimates on a regulation soccer field that may be more adaptable with the current design of the park. Once funding for the project is finalized, staff will bring back to Council a possible redesign of the project. RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR GRANT FUNDS IN THE AMOUNT OF $125,000 FROM THE COUNTY OF SAN DIEGO TO COMPLETE THE SOCCER PROJECT AT KIMBALL PARK WHEREAS, the County of San Diego awarded the National City Boys and Girls Club a Community Projects Award in 2005 to construct a soccer arena in Kimball Park; and WHEREAS, due to an unforeseen increase in membership, the Boys and Girls Club was unable to continue as the lead agency in the project; and WHEREAS, the City of National City took over from the Boys and Girls Club as the lead agency with the responsibility of acquiring the funds originally allocated to the Boys and Girls Club; and WHEREAS, National City's grant proposal was approved by the County of San Diego on October 24, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement for grant funds in the amount of $125,000 from the County of San Diego for a soccer project at Kimball Park. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of February 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney >V. Chris r ..& .1 September 1, 2006 Mr. Chris Zapata c/o Ms Leslie Deese Community Services Director National City Civic Center 1234 National City Boulevard National -City-, CA 91950 Fax: 6 1 9-336-4292 Lear Chris: I want to thank you so Much for shown to the Boys & Girls Clubs are always a top priority for you n dtx:e iotiof our Hoard oC ofr.ectot Last mcxsrh -on the first day of s., membership and 250 new enemb have had additional new menthe stydenta than we expected, pureI Due to these extenuating cireums National City for the soccer arena Directors of the Boys & Girls CIu this project to the City of Natio. matching funds of $125,000.00 fr�{ wu1 send to you. Please let us loses It is only because of the gav ty o re$olution. Please let me know if Thank you, /64iC,.. Kimberly A. Rohde Executive Director BOYS & GIRLS CLJfS of National City 14301) Avenue Natignal Cuy, (A 91nO (6t91477-5445 Pax (617) 43T-917t krrthdeg,-hgenc.nrg wwabecnc:nre e concern you and the City Council, and the Mayor have 1f National City. I know that the chiklreen of National City . It is in the knowledge of this that I must tell you cif the trier vacation; we opened the doors afterluneh to the ra walked in that we had not anticipated. Each day we and there are now over 1000 mute chicken and a result of the tremendous need of this community. nces, we cannot continue our project with the City of At the August 2I', 2006 meeting of the Board of s of National City, it was decided to forward all funds for City so that you might complete this -initiative. The m the County that were allocated to this excellent idea we w how you would like us to handle this transaction. this urgent situation that we were forced to come to this can he of any further help. The POsitiVe Place For Kids and Teens County office use only P— 1001838 p — 15650 E— 53664 T-999 A— 100123 Supplier # 1114069 STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND City of National City This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City , a Non -Profit California Corporation (Grantee) and is effective on February 20 ,. 2007. WHEREAS, the County wishes to reinvest taxpayer funds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural and recreational needs of County residents; and WHEREAS, on 10/24/2006 (3), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose of Grant. Grantee shall use the grant funds' provided by County under this Agreement solely for the following purpose: to complete the Arena Soccer Project sited at Kimball Park, located on 12th Street between "D" and "A" Avenues in National City. 2. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 3. Deadline for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 1 within 12 months of the effective date of this Agreement as specified above. (b) Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in any event, before the end of the Term of Agreement specified above. If the parties agree to extend the Tenn of Agreement, Grantee shall submit this expenditure documentation before the end of the extended Term. If County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. (c) If after reviewing Grantee's expenditure documentation, the County's administrator: (i) determines that the Grantee failed to spend all of the grant funds; (ii) disallows any expenditure by Grantee; or (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; Grantee shall refund to the county the amount specified by the County's administrator. Grantee shall make this refund within seven days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (d) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within Rev. 12/15/05 1 County office use only P—1001838 0— 15650 E— 53664 T-999 A— 100123 Supplier k 1114069 STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND City of National City This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City, a Non -Profit California Corporation (Grantee) and is effective on WHEREAS, the County wishes to reinvest taxpayer funds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural and recreational needs of County residents; and WHEREAS, on 10/24/2006 (3), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: to complete the Arena Soccer Project sited at Kimball Park, located on 12th Street between "D" and "A" Avenues in National City. 2. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 3. Deadline for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 1 within 12 months of the effective date of this Agreement as specified above. (b) (c) Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in any event, before the end of the Term of Agreement specified above. If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation before the end of the extended Term. If County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. If after reviewing Grantee's expenditure documentation, the County's administrator: (i) determines that the Grantee failed to spend all of the grant funds; (ii) disallows any expenditure by Grantee; or (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; Grantee shall refund to the county the amount specified by the County's administrator. Grantee shall make this refund within seven days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (d) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within Rev. 12/15/05 1 seven days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. Grantee's failure to comply with this refund requirement shall constitute a material breach of this Agreement. (e) If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 4 upon submission of documentation to County's administrator setting forth Grantee's actual expenditures for the purpose specified in Paragraph 1 and approval of the documentation by County's administrator. (f) If Grantee fails to use all grant funds as specified in Paragraph 1 above before the deadline specified in Subparagraph (a) above, Grantee may request an extension of the Term. Grantee shall make any such request in writing at least two weeks before the deadline specified in Subparagraph (a) above. Grantee and the County's administrator may agree in writing to extend the Term of Agreement for a maximum of three months to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph 1. 4. Amount of Grant. The county agrees to pay Grantee a grant of $125,000.00. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 5. Administrator of Agreement. The Office of Financial Planning in the Auditor and Controller's Office shall administer this Agreement on behalf of the County, and Leslie Deese at (619)336-4242 shall administer it on behalf of Grantee. 6. Notice. All communications from Grantee to the County shall be sent to the Chief Financial Officer as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: County: Grantee: Chief Financial Officer Office of Financial Planning County of San Diego 1600 Pacific Highway Room 352 San Diego, CA 92101 City of National City 140 East 12th Street Suite B National City, CA 91950 7. Audit and Inspection of Records. At any time during normal business hours and as often as Rev. 12/15/05 the County may deem necessary, the Grantee shall make available to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records should be made available for examination within San Diego County. Grantee shall maintain such records in an accessible location and condition for a period of not less than four years following receipt of final payment under this Agreement unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. 2 8. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within three days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 9. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 10. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 11. Assienment. Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 1. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Insurance. Grantee shall maintain insurance against claims or injuries to person or damages to property that may arise from or in connection with the use of the grant funds by Grantee, its agents, representatives, employees, volunteers or subcontractors. The cost of such insurance shall be borne by Grantee and coverage limits shall be a minimum of $1,000,000 General Liability per occurrence/$1,000,000 aggregate for operations, products and completed operations for bodily injury, personal injury and property damage; $500,000 Automobile Liability per accident for bodily injury and property damage; and Workers' Compensation and Employers Liability Insurance as required by the California Labor Code. County shall retain Rev. 12/15/05 3 the right at any time to review the coverage and amount of insurance required. Grantee may satisfy the requirement of this Section 14 by maintaining its lawful self -insured status during the term of this Agreement. 15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collective, "County Parties") against any and all claims, deductibles, self -insured retention's, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of grant funds and/or Grantee's use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties. 18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. Rev.12/I5/05 4 25. Remedies. The rights and remedies in this Agreement are in addition to, and not a limitation on, all other rights and remedies available at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE 1. By: By: Date 2/20/07 Chief Financial Officer or Designated Representative Ron Morrison, Mayor Print Name and Title Janel Pehau, Director Office of Financial Planning 2. By: Date Print Name and Title [Note: if Grantee is a Califomia non-profit corporation, need 1 signature from each of the following 2 groups: (1) Executive Group: President, Vice -President or Chairman of the Board; and (2) Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.] (Corp. Code § 5214.) 5 Return This Agreement Rev. 12/15/05 MEETING DATE: City of National City COUNCIL AGENDA STATEMENT February 20, 2007 AGENDA ITEM NO. 19 ITEM TITLE: RESOLUTION OF THE CITY COUCIL OF THE CITY OF NATIONAL CITY APPROVING A TRANSFEROF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ARENA SOCCER PROJECT PREPARED BY: LETICIA QUINTEROJC�►V DEPARTMENT: COMMUNITYSERVICES x. 4568 `, ,4' - j f67.S EXPLANATION: In Fiscal Year 2005-2006 the Boys and Girls Club of National City received $79,956.15 in Community Develop- ment Block Grant funds for the Arena Soccer Project as shown in Reso #2005-55. Our Annual Action Plan sub- mitted to the U.S. Department of Housing and Urban Development detailed the activity as an outdoor, profes- sional -grade soccer arena for youth and adult leagues. On December 21, 2006 staff received a letter from the Boys & Girls Club stating their inability to continue with the Arena Soccer Project. Our 2005-2006 Annual Action Plan submitted to the U.S. Department of Housing and Urban Development listed the Arena Soccer project as a Capital Improvement activity. At this time the City has the opportunity to continue with the activity and have the Community Development Block Grants for the Arena Soccer Project listed under the City of National City. Since the activity will remain the same, per HUD regulations a reallocation of the funds is unnecessary. Environmental Review X N/A Financial Statement $79,956.15 in Community Development Block Grant funds. STAFF RECOMMENDATION Accept the resolution of the City Council of the City of National City approving a transferring of community development block grant activity. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. TTACHMENTS (Listed Below) Resolution No. 1. Resolution 2005-55 2. Letter received from the Boys & Girls Club of National City project; and Plan. RESOLUTION 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ARENA SOCCER PROJECT WHEREAS, the City of National City administers the allocation of Community Development Block Grant ("CDBG") funding for the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, the Boys and Girls Club of National City was allocated $79,956.15 in Community Development Grant funds for the Arena Soccer Project in Fiscal Year 2005-06; and WHEREAS, the Boys and Girls Club of National City can no longer continue the WHEREAS, the City can continue with the project as listed in the Annual Action NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby approves the transfer of CDBG funds listed under the Boys and Girls Club of National City to the City of National City for the Arena Soccer Project, Fiscal Year 2005-06. PASSED and ADOPTED this 20th day of February, 2007. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor RESOLUTION 2005 — 55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2005-06 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGR J S WHEREAS the City of National City administers the' allocation' -of CDBG and HOME funding for the Federal Goverment under ttie United States Depaitmerif of Housin_ and "Urban4Development (HUD), and WHEREAS, the City desires to allocate program funds for the 2005-p$ program,year, and' WHEREA$, the City Ce(Oeil of the;City Of National Crty conducted a duly: advertised;: public heard"on•the allocation of said funds "on March 1, 2005-and March 1'S 2005•"and NOW :THEREFORE BE IT RESOLVED ,by;ths Ci " Co National City that the CDsG and HOME fi ds "area :a " Iincn th the C Exhibit A" and the Mayor is hereybauthonzed . on behalf of the City Counc Leto subm t th`e 2005 0;6 Annual plan for the expenrJiture of '"said Hinds it. the U S. r Department: of Housing and Urban Devejoprnent (HUD»' . PASSED and ADOPTED' this i5t day ofMarch; •2005s Michael Dana', iiy"clerk; George H Erser; 111` City Attorney 1 10,0O0.00 11.,044.86'. 2005-2006 CDBG AND HOME ALLOCATIONS CDBG ENTITLEMENT; $. Public Services (16% of Entitlement Set -Aside) $; Section'. toe Loan PaymmnF{thl erest and Principal Payments) Available for Admi. -.Ec n Devp:�ane CIP S, HOME ENTITI.L MENT ADMINISTRATION AND PLANNING 1 sd9,9D9.0O: 188,88985 600,97:00f 6.70;079;10 -. Cite Conn, Tnh . No. Organiint➢nn Program 1 nnunt IIcgna situ IICCIC A llucatinn Allocation :. ..._ ...... a ,_ ... Tab No. Organism uni ,2 Eanicrson a School;of ]tifarti 1 �tcrt s Operation Samakan 4 Highland Avenue Baptist Church.:: San Diego InnerCttylr Golf 61:oundation:, Pasacat Commilhity Dgvelopmcnt 7 Cmmiaasinn,:.." 8 Oca pational tTraining Services PUBLIC SERVICES Cltr t.nn; lrll g Amin un. lPcq u�tr! iiCl7C .1IIncation Allocation ➢io rim Couii'a National City George Watera Nutntion CeiiterHorne �'' DeliyeredMe " • Family Leamin partunity Center, 14,024185 8 0 1.1 Ili 18 19 0 14 Y9 41, 5 eri Community. Youth Athletic; Cehter TramnaY n terdetitiomYrogram Svcs City oCNthonal City Comritumty' Services, DCp8r meat City of National Cdy SeMees Depanioiat t;, City oCNatiohel City - Sersleea DepaNment' City of National: City Services Deparimetlt Coininumty: C0hirn sty ▪ Commonity;, C▪ ernroatinty, CltyofNahodaltity Publk Library City ofNattonpl City Cummun y? Services D'epSr'tment City of National;City Scrvtces I ppitinent Soiilh Ray Cpniiilumly5ei�titea, , MAAC P,rojikt;;;: . United Fi1 Am'Se`mor Clttacna: of SanlDlega Cooiicli•of Phlhppine Anlcrrtap OrgenitatJRn..o(San Diego Couocl] olP1!!Irppine Auteri a0 Orga'mzat on qf;. 81ff01eP,o (.o0o'4d ofYhltlppine.,�lt3grtcatir Organiiiiinn:ofiSin DIego:•.:::. National Ctty tittle tx_sue. -; Two Stcpv Ahead'. 1Joys�.and C.irls.Ct b of Natonal- ciy Program Development: National City.tLP S. : • Swim Program! Tiny Tots Youth'at Risk 'Teen Extreme": Program,,,,. Concerts in the Park Therapeutic Rterea lion Serviees: Nave Aonters StitfCahn, titcraep;S ioes National City Juvenile Diversion+.Team MAAC; ProjcotiiurnantVIFe6:: 1fiealth'& Haman Sex-v es for ilipino •. SemoYd;m hlahoml:'Clty Entployntent Refers -al Infornution & Counsel mg SetYj tea, Plan rung and'C;ipacjty Budding;lisplect • F�rnet Tntom . raz Credi hfoi`j(jaGkn�k VITA Prolett , Program'Developtriany MentOkProgram: AftecSeho ,1 Tra Ortatton Progratlt;,,, 8 129,000,00; 8,0000o� s6,000.00:. $ 46;845100 S 8,001.00 $:.. . 21,000.00 $: 25,000.00 ;194$0, 0,�';$; 4f;$45,00: 24,lgoo0 *: ... $ 2500000 3.,. .. 15,00004 $ Y: Ono a0 . $0A00 UQ • 4;000i00 1&,Z4500 .+7,250.00 $ 10,000.00' .�`:..... a . .40,000.00 16:72600. $ $ $ $ $ 20,000.00 $ 8,000.00 $ 21,000.00 25,000;,00. 15,000.00 47,250.00 16,725.00 Amount Available per Public SRrvicee (i5%ooCDBG Entltieinent) Totals iipiat (Pbb* Svcs {, : ,,,168i999:86 IICDC Allocation i88,909.8,6. City Council Allocation 64014 COMPIJNITY/ECONOMIC DEVELCPNIEN'I' 188,999.66' City Council Program Ammon llcryuc.tcd I IC1)C Allucstinu A{latnt�on SAW D.LegoCountyHtapamc ' Y7 Chamher ofG'niiiinerde,, . 1)rvenee Emcrgmg Vendor Outrcadi Ci (Nabona5!Gty Bwldi'rig and Negliliorbood l eservanon :Graffiti ;45,00000" ! .> - $- 5,000.00. _-.F „ .. .. t00.00u.tro 98 Safety 1Y5,00000 i:• ]tXL000,00. 5 . e _ City;ofNanor I Cdy B nldtng and so Sardiy, •Neighborhood Pfe€ervataon =. Housing lnape S:. 145,Up00U S: 100000.00 $ 75,000.00 7Cty of Nenona1 Caty I iUding and „' .. 50 Safery ' " Net0 hborhood Preservation C6iC Enforceri 70,50000 $� 57;766.15 `8 City ofNattoha1 C y=Community .. ..: a 60,000.00 -. sl Seivtces Aeparfinent Neighborhood Coitnct( Pt ogram'.' 5£;60000 $ 64',500-00 + 94 Lebor'e Community ServiceAgercy National C ty Hdme SecutityProgram 45i000.00 99 Operation Samglian, Ltc. Samahan Women'a+and TeemClinic;.- 9+ Boys &Girls Clubrof National Ctty Thc'Arena Soccer Project . South County? Economic ' . 95 Development'Cooncil $mall Business.Leiiding: Program:. :95400.04 196 000.00 - $ 50,000.00' $ '19,95G15. 96,00000..._' S _. - $ ,ab No. Organization Ttty'of NMn,nal;Clty 58 Workd/C:dgmeering y CitofNanonal°.G1ty '57 WorIo/Engineering CITY CAPITAL IMPROVEMENTS PROJECTS (CIP) Public': Pi bbc City oFNational'Ctty- Public; 58 Worka%Enginecring City, afNavonal City PuWit 54. CltyofNanotial i Public 40 Works/Cngltipeing City: ofNattonal`;Ctt,. Publici. ,41 Wotks(Pngi eying City`.orNattonaJ City , Parks and F44 Recreation'' City:'o1'NahonalCRy 4S bep rinlent` CriyorNatioi I City Fire.':I� 44 Department CityorNatlonal!City Fne .. 6 Department City Council Program - Amount Requested IICI)C Allocation Allocation Installstion of Pedeetnat?:Itemps;._ Miscellaneous Concrete Improvemen Miecelraneous Stoitn Drain Improvementpt: (;ranger l4kic Hall4Parking.L of Resut'fa@iiit ABeylmprovemerits, • • Gr0uti4?;yster.Pollot on Monitoring.at P..D.; Replacement ofBarl eque Grllls for 5 Prltt'. FireF gtiting Equipment" • Ir2.Appa1'scut'-,Pevmont( No.5)': New, Fire Apparatus= Payment:{No :i)� 150,000:00 100;000100 50,000.00 40,000.00 _ 140,000.00 14,000.00 15000.00 98 000.00 :60.116.00 7.2;000.04) o?ag Totl)s Drvelopmzrit 15,000.00 $ 111,000.00 $ 15,000.00 ' 98;000.00 60,110.00 117,000,00 HCDCAllocation $ a 95,000.00' 60,116.00 74,000.00. Cily;Corsiutl iflfaation 37p 070-11 $,v o5, id Deficit .:$ 89.4;bi3.81 Tab No. Organization 111 111 Ctx HOME INVESTMENT PARTNERSHIP ACT (HOME) CDC=CHDO 5:::naorcd. Christman itrJiil-:? Prom am Ad minis trahoti `.-.';: An3iaE in PrOdoctioti ofMordabltilionein;.. Homefft n1r/Rehabilitation;.. Cd ihcnaiveHuubth; Cobnselin.;.,, Deficit Amount Requested 6s 000:00 i sso oaegq 10,0;000:001 :80;000:oo? 643088,poi City Council HCUC: Alloc:tir Allocation 05 000.00 4/0,088.00 100000.00 a0,000:00. 688, 88":,00 65,000,00. 454,088.00. § 100000.00 36,000.00 17 6$$ 088.00; EitirMrlj December 21, 2006 Ms. Leticia Quintero Economic Development Specialist National City Civic Center 140 East 12th Street Suite B National City, CA 91950 Dear Leticia: BOYS & GIRLS CLUBS of National City 1430 D Avenue National City, CA 91950 (619) 477-5445 Fax (619) 477-9177 krohde@becnc.org wwwbecnc.org I want to thank you so much for the concern you and the City Council, and the Mayor have shown to the Boys & Girls Clubs of National City. I know that the children of National City are always a top priority for you all. It is in the knowledge of this that I must tell you of the decision, of our Board of Directors. On the first day of slimmer vacation, we opened the doors after lunch to the membership and 250 new members walked in that we had not anticipated. Each day we have had additional new members, and there are now over 1000 more children and students than we expected, purely a result of the tremendous need of this community. Due to these extenuating circumstances, we cannot continue our project with the City of National City for the soccer arena. At the August 21', 2006 meeting of the Board of Directors of the Boys & Girls Clubs of National City, it was decided to forward all funds for this project to the City of National City so that you might complete this initiative. The matching funds of $79,956.15 from the CBDG that were allocated to this excellent idea we return to you. Please let us know how you would like us to handle this transaction. It is only because of the gravity of this urgent situation that we were forced to come to this resolution. Please let me know if I can be of any further help. Thank you, o Kimberly . Rohde Executive Director The Positive Place For Kids and Teens 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 20 /ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY / APPROVING AN ADJUSTMENT TO THE COMPENSATION OF THE CITY ATTORNEY PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney The last compensation adjustment for the City Attorney occurred in September, 2004. In keeping with the current practice of the City to adjust employee compensation by granting a "one time" incentive payment, it is proposed that there be a one-time incentive payment to the City Attorney of $22,000. It is also proposed that special compensation in lieu of a car allowance for the City Attorney be set at $750 per month. Approval would be effective immediately and would place the City Attorney at the average compensation for full-time city attorneys in San Diego County. Environmental Review 4 N/A Financial Statement Funds are available. Approved By: Finance Director Undesignated Fund Balance Account No. 001-2501 STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed resolution A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ADJUSTMENT TO THE COMPENSATION OF THE CITY ATTORNEY WHEREAS, the last compensation adjustment for the City Attorney occurred in September, 2004; and WHEREAS, in keeping with the current practice of the City to adjust employee compensation by granting a "one time" performance incentive, it is proposed that there be a one-time incentive to the City Attorney of $22,000; and WHEREAS, it is also proposed that special compensation in lieu of a car allowance for the City Attorney be set at $750 per month. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a one-time incentive payment to the City Attorney of $22,000, and that special compensation in lieu of a car allowance for the City Attorney shall be set at $750 per month, to be effective immediately. PASSED and ADOPTED this 20th 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 DATES 2-20-07 AGENDA ITEM NO. 21 ITEM TITLE Resolution of the City Council of the City of National City Approving the Transfer of Funds from the Undesignated Fund Balance Account to the Personnel Compensation Account not to Exceed $108,000 to Support a One-time Incentive Payment for Certain Employees in the Executive and Management Groups.. PREPARED BY Chris Zapata (336-424 City Manager EXPLANATION See attached. DEPARTMENT City Manager Environmental Review ✓ N/A Financial Statement Monies for this purpose are available in the General Fund—Undesignated Fund Balance (001-2501). Funds for this purpose will be transferred from the Undesignated Fund Balance to the Personnel Compensation Account (212-409-000-199). Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) In keeping with the current practice of the City to adjust employee compensation by granting a "one time" incentive payment, and to avoid on -going impacts to the budget, an incentive payment is again requested to supplement salaries on a one-time basis. To be considered at this time is a one-time incentive payment of 5% of base salary to Management employees and a one-time incentive payment of 6% of base salary to executive employees, with the exception of the Police Chief and City Engineer, both of whom are recommended to receive a one-time incentive payment of 9% of base salary due to organizational responsibilities. Also to be considered separately is a CDC agenda item that provides the full-time Community Development Commission (CDC) Agency employees with a one-time incentive payment of 5% of their base salary and full-time Nutrition Center employees with a one-time incentive payment of $2,000 which is the same amount provided to members of the Municipal Employees' Association (MEA) in February, 2006. In order to be considered for the incentive, employees must be full-time and non - probationary. Probationary employees would qualify for the incentive pay upon successful completion of probation, excepting the Executive Director of the CDC, the Assistant City Manager, the Director of Human Resources, and the Director of Finance. The overall cost will not exceed $108,000. As background, City executive and management employees have not received a salary increase since June 2002; and in December 2004, received a one-time incentive payment. EXECUTIVE GROUP The following full-time executive employees: Police Chief City Engineer Fire Chief Planning Director City Librarian Acting Community Services Director Acting Public Works Director Senior Assistant City Attorney Records Manager* 9% of base salary 9% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary MANAGEMENT GROUP The following full-time management employees. (Employees on probation are not currently eligible, but may be considered for an incentive payment upon successful completion of their probation.) Assistant Chief of Police Battalion Chief Facilities Maintenance Supervisor Acting Equipment Services Supervisor Management Analyst III Acting MIS Manager Park Superintendent Police Support Services Manager Principal Librarian Principal Planner Purchasing Agent Recreation Superintendent Risk Manager Senior Accountant Street Maintenance Supervisor Traffic Engineer Building & Safety Manager 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary " The City Clerk performs statutory duties prescribed by state law, as well as the duties of the City's Records Manager, as prescribed by the City Manager. The City Clerk's compensation for performance of statutory duties is set by the City Council. The compensation for performance of the duties of Records Manager is set by the City Manager. Resolution No. 2007-29 EXHIBIT "A" RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TRANSFER OF FUNDS FROM THE UNDESIGNATED FUND BALANCE ACCOUNT TO THE PERSONNEL COMPENSATION ACCOUNT NOT TO EXCEED $108,000 TO SUPPORT A ONE-TIME INCENTIVE PAYMENT FOR CERTAIN EMPLOYEES IN THE EXECUTIVE AND MANAGEMENT GROUPS WHEREAS, the Executive and Management Employee Groups have not had an increase in salary since December, 2004; and WHEREAS, an incentive payment is requested to supplement executive and management salaries on a one-time basis; and WHEREAS, a transfer of funds from the Undesignated Fund Balance Account to the Personnel Compensation Account is necessary to fund said payment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following transfer of funds: FROM: Account No. 001-2501 Undesignated Fund Balance TO: Account No. 212-409-000-199 Personnel Compensation Account TOTAL AMOUNT: Not to exceed $108,000 PURPOSE: To fund a one-time incentive payment to certain employees of the Executive and Management Employee Groups BE IT FURTHER RESOLVED that a one-time performance incentive is hereby granted to certain employees in the Executive and Management Groups, as set forth in the attached Exhibit "A". PASSED and ADOPTED this 20th day of February 2007. ATTEST: Michael R. Dalla, City Clerk Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney EXECUTIVE GROUP The following full-time executive employees: Police Chief City Engineer Fire Chief Planning Director City Librarian Acting Community Services Director Acting Public Works Director Senior Assistant City Attorney Records Manager * 9% of base salary 9% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary 6% of base salary MANAGEMENT GROUP The following full-time management employees. (Employees on probation are not currently eligible, but may be considered for an incentive payment upon successful completion of their probation.) Assistant Chief of Police Battalion Chief Facilities Maintenance Supervisor Acting Equipment Services Supervisor Management Analyst III Acting MIS Manager Park Superintendent Police Support Services Manager Principal Librarian Principal Planner Purchasing Agent Recreation Superintendent Risk Manager Senior Accountant Street Maintenance Supervisor Traffic Engineer Building & Safety Manager 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary 5% of base salary * The City Clerk performs statutory duties prescribed by state law, as well as the duties of the City's Records Manager, as prescribed by the City Manager. The City Clerk's compensation for performance of statutory duties is set by the City Council. The compensation for performance of the duties of Records Manager is set by the City Manager. Resolution No. 2007-29 EXHIBIT "A" international community foundation connecting people and communities to make a difference Board of Governors: George Chandler Robert Chang, PhD. Mary Correia -Moreno Gabriela Flores Augustine Gallego Irma Gigli, M.D. Wendy Gillespie Bob Kelly Nancy A. Marlin, Ph.D. Atul Patel Richard L. Romney Alan A. Rubin :hard Kiy ,resident & CEO 11300 Sorrento Valley Road Suite 115 an Diego • CA 92121 p: ( 858) 677.2910 f: ( 858 )677.2918 WRITTEN COMMUNICATIONS ITEM #;22 February I, 2007 Chris Zapata City Manager City of National City 1243 National City Blvd. National City, CA 91950-4301 Dear Sir, On behalf of the International Community Foundation (ICF), I am formally requesting that National City's City Council initiate a land use change for the properties located at 2505 and 2525 N Avenue, National City, and that the Council consider hearing this matter at the meeting scheduled for Tuesday, February 20th. ICF has spent more than a year listening to the concerns of neighbors and of city officials. We have hosted a neighborhood open house, visited personally with neighbors at their homes, attended the Olivewood Terrace Neighborhood Council meetings and held meetings with city staff. Revisions have been made to our site plan in response to those concerns. On July 14th, 2006, Christy R. Walton gifted her family's former residence to the International Community Foundation (ICF). ICF desires to preserve the historic Victorian -era house and its organic gardens. The existing pool house and the small house on the north parcel of the property would be used as staff offices and meeting space. Originally built in 1896, the Walton residence (otherwise known as the Oliver Noyes House) at 2525 N Avenue (Parcel #563-I50- 29-00) is a well preserved Victorian home totaling 3,430 square feet with 4 bedrooms and 2.4 baths. The property has an outdoor pool, an adjoining pool house, and expansive gardens (including a %Z acre working organic garden) with acreage totaling 4.57 acres. The home is a locally registered historical property. www.icfdn.org The adjacent property at 2505 N Avenue (Parcel #: 563-040-11- 00) covers 2.28 acres and includes a small house. Assuming that entitlements are obtained, ICF will receive an endowment from the Walton Family which will cover the expenses incurred to properly maintain the Noyes House. ICF's proposed site plan includes the remodeling of the two small houses and the construction of additional on -site parking and improved landscaping to minimize impacts to surrounding neighbors. The plan also provides for a possible future meeting facility and a possible pool house office expansion that would be built over the same area as the existing swimming pool. ICF would appreciate being added to the City Council meeting agenda for Tuesday February 20`h. We look forward to working with the City and to becoming a contributing member of the neighborhood as well as the local business community. Sincere Richard L. Ro ney ICF Board Walton House Committee Chair 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 23 ITEM TITLE REPORT ON THE POSSIBLITY OF ZONING ACTION TO ADDRESS CONFLICTING LAND USE AND PUBLIC HEATH ISSUES ON THE WEST SIDE PREPARED BY George H. Eiser, III I/ (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum 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, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: February 13, 2007 FROM: City Attorney SUBJECT: Report on the Possibility of Zoning Action to Address Conflicting Land Use and Public Health Issues on the West Side At the February 6, 2007 City Council meeting, a discussion took place during Public Oral Communications regarding complaints made about the Momax Truck Driving School, located at 2050 Wilson Avenue. A request was made by Tony Lo Presti of the Environmental Health Coalition that the City Council enact a moratorium ordinance prohibiting truck driving schools. The Council directed that I report back at the February 20 meeting regarding the possibility of addressing the situation through zoning action and/or public nuisance abatement action. This memorandum discusses these and other possible measures to be considered. ZONING Moratorium State law provides that the City Council may enact an interim or moratorium ordinance, to take effect immediately, in order to preserve the public safety, health and welfare. The purpose of enacting a moratorium ordinance is to prohibit any land uses that may be in conflict with a proposed general plan, specific plan, or zoning enactment while such proposal is being studied by the city. The duration of the moratorium, allowing for extensions, may be for up to two years. A moratorium is often enacted in response to a sudden increase in a certain type of land use within the community. A moratorium operates prospectively, i.e., to affect the establishment of a specified type of land use in the future. A moratorium cannot be utilized to regulate or terminate an existing use. Over the years, National City has made frequent use of the moratorium. The City has enacted moratoriums with respect to shopping centers, adult businesses, construction of commercial and industrial buildings on the West Side, establishments selling alcoholic beverages, and check cashing and payday lending businesses. A moratorium on the establishment of truck driving schools would prohibit the establishment of this land use for up to two years, while permanent regulations are being studied. However, a moratorium is not an effective method of dealing with existing land uses of this type, because as mentioned above, a moratorium only acts prospectively. t3 Recycled Paper Amortization A lawful nonconforming use is one that is contrary to current zoning, but which complied with the applicable zoning when it was established. The National City Municipal Code permits a nonconforming use to continue indefinitely unless the use is changed or expanded, violates certain Code provisions pertaining to such use, or is discontinued for a specified period of time. Amortization is a method of proactively terminating a nonconforming use. Termination of a nonconforming use through amortization allows the use to continue for a specified period of time, after which the use must be terminated. Amortization provides for the termination of a nonconforming use after a reasonable period of time passes to allow the person whose use is being terminated to recover their investment. Many factors determine what the appropriate amortization period should be, and each case must be judged on its own facts. Enactment of an amortization ordinance will not immediately terminate all or any nonconforming uses. Persons maintaining a nonconforming use must first be given an opportunity to be heard regarding the length of time the use may continue before it must terminate. Last year, the City Council enacted Ordinance No. 2006-2286, which added Section 18.108.230 to the Municipal Code to authorize the affirmative termination of nonconforming uses through amortization. Pursuant to these provisions, a specific type of use can be amortized when the area in which that use is located is re -zoned, thereby creating a nonconforming use. A determination of a reasonable amortization period can then be made as to that type of use. The person maintaining the nonconforming use is then given an opportunity to be heard as to a reasonable amortization period. Once the amortization period is established, the use must be discontinued at the end of that period of time. The truck driving school that was complained about at the February 6 Council meeting is located in the MLR (Light Manufacturing — Residential) zone. Therefore, that use is permitted as a matter of right. If the City Council were to rezone the area in which this business is located, which would make this use, and possibly other uses, nonconforming, then the City's amortization ordinance could be implemented to require those nonconforming uses to terminate at a specific time. In the present situation, the first step in the amortization process — rezoning — could be accomplished as part of the adoption of the West Side Specific Plan or independently of that process. When a use is terminated through amortization, the City has no obligation with respect to payment of compensation or relocation assistance. Conditional Use Permit The conditional use permit (CUP) is a land use regulatory device that allows uses that are not permitted as a matter of right in a particular zone, but which require a CUP. A CUP can only be granted if the reviewing body makes certain findings. The most prominent 2 feature of the CUP is that the use that is granted is subject to certain conditions that, if violated, can result in revocation of the CUP. Generally, a zoning ordinance that provides that a use is allowed only upon the granting of a CUP operates prospectively to regulate uses contemplated in the future, not existing uses. Accordingly, the CUP requirement may be used to regulate truck driving schools to be proposed in the future, but not existing ones. Public Nuisance Abatement Authority for the abatement of public nuisances is found both in state law and in Chapter 1.36 of the Municipal Code. A public nuisance is defined in Section 3479 of the California Civil Code as: Anything which is injurious to health, including but not limited to, the illegal sale of controlled substances, or is indecent to the senses, or an obstruction to the free use of property, so as to interfere with comfortable enjoyment of life or property... Section 3480 of the Civil Code also states: A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons; although the extent of the annoyance or damage inflicted upon individuals may be unequal. In addition to the above, the Municipal Code provides that violations of the Code, a statute, or regulatory directive constitutes a public nuisance. Public nuisance provisions may be enforced by bringing a court action to abate a public nuisance. An abatement action may be brought to abate an existing use, even though that use complies with applicable zoning regulations, if the statutory elements defining a public nuisance are present. OTHER MEASURES Idling Ordinances Some cities have considered enacting an "idling ordinance". Such an ordinance regulates commercial vehicle engine idling at industrial or commercial facilities. In order to control the emissions of air contaminants, such an ordinance restricts the location and duration of engine idling by operators of delivery trucks and other commercial vehicles. Although the general law regarding air quality regulation is set forth in the state Health and Safety Code, raising the issue of preemption, the California Attorney General has issued an opinion concluding that cities retain limited regulatory authority in this area. 3 Parking and Traffic Regulations The City is authorized by the Vehicle Code to regulate the operation and parking of vehicles by ordinance. Additionally, the City may install street markings, traffic control devices, and barricades to control traffic patterns. It may be possible to use such measures to address the situation that has been complained about, subject to the review and recommendations of the City's Traffic Engineer. Conclusion Staff from several City departments are continuing to gather facts regarding this matter. The City Council may desire to direct the staff to pursue one or more of the measures described above. GHE/gmo GEORGE EISER, III City Attorney 4 ITEM #';24 2/20/07 DISCUSSION TO REINSTATE AND APPOINT STAFF TO THE ASTHMA COMMITTEE (COUNCIL INITIATED) City of National City COUNCIL AGENDA STATEMENT MEETING DATE: February 20, 2007 AGENDA ITEM NO. 25 ITEM TITLE: STATUS REPORT: SCHEDULE FOR PROCESSING OF THE COMMUNITY DEVELOPMENT GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM APPLICATIONS AND SCHEDULIN(A PUBLIC HEARING PREPARED BY: LETICIA QUINTERO (J� DEPARTMENT: COMMUNI SERVICES x. 4568 v"1/ �Bctj (91 EXPLANATION: City staff is currently processing and evaluating the applications for the upcoming Fiscal Year 2007-08 CDBG and HOME allocations. At this time, staff is requesting that the City Council schedule a Public Hearing on March 6, 2007 at 6:00 p.m. at the regular City Council meeting to allow the applicants to make their presentations. At the regular meeting of March 20, 2007 the City Council will have the opportunity ity to discuss the CDBG & HOME Allocations. It is currently anticipated that the Public Hearing for the adoption of the CDBG & HOME Annual Action Plan detailing the allocations will be conducted at the regular City Council meeting on May 1, 2007. Staff will also be conducting a series of community meetings of the Committee (HCDC) to conduct the public participation. These meetings 14th, & April 11, 2007. The City's adopted CDBG and HOME allocations and Annual Action than May 10, 2007. Housing and Community Development are scheduled for February 14th, March Plan will be submitted to HUD no later Environmental Review X N/A Financial Statement National City's entitlement for FY 2007-08: CDBG— approximately $1,120,000 HOME- approximately $590,000 STAFF RECOMMENDATION Schedule a Public Hearing on March 6, 2007 at 6:00 p.m. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. Resolution No. 1. ATTACHMENTS (Listed Below) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 20, 2007 AGENDA ITEM NO. 26 'ITEM TITLE CERTIFICATION OF SUFFICIENCY OF INITIATIVE PETITION TO REPEAL SECTIONS 4.60.010 THROUGH 4.60.180 OF CHAPTER 4.60 OF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY (Proposition D) PREPARED BY EXPLANATION Michael R. Dalla SEE ATTACHED DEPARTMENT City Clerk EXT. 4 ( Environmental Review Financial Statement None YX— N/A >STAFF RECOMMENDATION MIS Approval Approved By: Finance Director Account No. Take action to; a) Submit the Measure to the Voters or; b) Order desired reports from appropriate City Departments as provided for in Elections Code Section 9212. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS Listed Below ) Staff Report Elections Code Section 9212 Resolution No. A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 Staff Report February 20, 2007 INITIATIVE PETITION PRESENTED AND VERIFIED On January 16th, 2007, the City Clerk's office was presented with Initiative Petitions to: "Repeal Sections 4.60.010 through 4.60.180 of Chapter 4.60 of the Municipal Code of the City of National City" (more commonly known as Proposition D.) CERTIFICATION OF PETITION Three hundred and fifty seven (357) valid signatures were required to qualify the measure for the ballot. Sufficient signatures have been verified by the Registrar of Voters. Based on that verification I formally certify to the City Council that the petitions contained sufficient signatures to qualify the measure for the ballot. ACTION TO BE TAKEN Pursuant to applicable provisions of the Elections Code; following Notification of Certification of the petition, the City Council shall 1. Adopt the Ordinance without alteration; or 2. Submit the Ordinance to the voters at the next regular municipal election (November 2008); or 3. Order a report from any City Agency or department pursuant to Elections Code Section 9212 (see attached). If requested, the report must be presented to the City Council no later than 30 calendar days after the City Clerk has certified the petition to the Council. ® Recycled Paper 1 ELECTION CODE Section 9212. Report on effect of proposed initiative to legislative body. (a) the legislative body may refer the proposed initiative measure to any city agency or agencies for a report on any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the .measure would be likely to result in increased infrastructure costs or savings, including the cost of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. report. (8) Any other matters the legislative body requests to be in the (b) The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 27 ii-TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FOR THE PERIOD OF 01/25/07 THROUGH 02/07/07 OF $820,809 PREPARED BY Margarita Garcia`G " Associate Accountant DEPARTMENT CDC— Finance 619-336-4269 EXPLANATION See attached Ratification of Expenditures Environmental Review ✓ N/A Financial Statement Approved by: Tess Limfueco, Finance Director Total expenditures for the period of 01/25/07 THROUGH 02/07/07 amount to $820,809. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 01/25/07 through 02/07/07 A-200 (9/80) Payee CDC STATE OF CALIFORNIA THE OLSON COMPANY STATE OF CALIFORNIA THE FAIR HOUSING COUNCIL OF SD AT SYSTEMS WEST, INC. CA DEBT & INVESTMENT DANKA GE CAPITAL GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES LASER SAVER, INC. LAW OFFICE OF DON DETISCH MCKENNA LONG & ALDRIDGE NATIONAL CONSTRUCTION RENTALS RICK ENGINEERING COMPANY ROSENOW SPEVACEK GROUP INC. NUTRITION PANADERIA GIJADALAJARA SMART & FINAL SAN DIEGO GAS & ELECTRIC CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION COUNTY OF SAN DIEGO JOSEPH WEBB FOODS MCGUIRE, DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC SYSCO SAN DIEGO SEGTION..8 w=a1. ti a HOUSING ASSISTANCE PAYMENTS FEDERAL EXPRESS EQUIFAX CREDIT INFORMATION SERVICES ADMINI TRA E PAYROLL FOR MEETING OF FEBRUARY 20, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 01/25/07 - 02/06/07 Descrintlon SDI 4TH QUARTER 2006 REFUND-OLSON DEPOSIT DISABILITY INSURANCE BAL DUE ON 1ST QTR 1ST QUARTER FY 06-07 CLAIM ARMORED SERVICES SEMINAR REGISTRATION -BONDS COPIER SERVICE REDEVELOPMENT COPIER LEASE REDEVELOPMENT THE COVE AT SD BAY PHASE II REPORT COSTCO WHOLESALE TRAFFIC STUDY TONER LEGAL SERVICES LEGAL SERVICES FENCE RENTAL ENGINEERING SERVICES PROFESSIONAL SERVICES SUBTOTAL - CDC: FOOD FOR NCNP FOOD FOR NCNP UTILITIES- I415DAVE HM BREAD MEAT PURCHASE REFUND OF CLAIM IN JUNE 2006 FOOD PURCHASEJCONSUMABLFS MILK PURCHASE LINEN SERVICE JANITORIAL SUPPLIES FOOD PURCHASE SUBTOTAL -NUTRITION: TOTAL -GENERAL FUND: MANUAL PAYMENTS HAPPY SOFTWARE SECTION 8 APPLICANT/PARTICIPANT CREDIT TOTAL - SECTION 8: PPE 01/29/2007 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No Amount 16802 16804 16805 16806 16808 16809 16813 16814 16815 16816 16818 16819 16821 16823 16825 16826 16800 16801 16807 16810 16811 16812 16817 16820 16822 16824 16827 10314 10315 $2,492.72 37,500.00 33.33 7,750.00 1,401.82 400.00 381.27 209.48 52,708.21 465.00 64.54 8,811.79 1,414.50 62.35 13,380,26 900.00 $127,975.27 $45.00 12.58 2,388.36 135.00 955.07 21.00 2,010.57 339.30 45.75 912.26 1,260.68 $8,125.57 $136,100.84 $605,703.54 27.14 50.44 $605,781.12 TOTAL OF ALL FUNDS: $820 809 38 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 28 / ITEM TITLE A resolution approving an Agreement with Rosenow Spevacek Group, Inc. and authorizing the Chairman to execute the Agreement. PREPARED BY Patricia Beard Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION Rosenow, Spevacek Group, Inc. ("RSG") is the premiere redevelopment consulting firm in Southern California. National City, like most cities in San Diego County, has retained RSG frequently to accomplish such efforts as financial analysis for the Redevelopment Agency, crafting the 5-year Implementation Plan and various amendments to the Redevelopment Plan for the community, including adding the Harbor District to the project area in 1995. With the upcoming Strategic Planning Workshop on February 28, 2007 and anticipated needs related to the Redevelopment Agency ("CDC"), staff desires to retain RSG for as needed services through June, 2008. All previous contracts with the consultant have been exhausted. Environmental Review Not applicable. Financial Statement The total contract value is "not to exceed" $50,000, however services under the contract would require written authorization from the Executive Director within the "not to exceed" amount. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Agreement with Rosenow, Spevacck Group, Inc. 2. Biographical information Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC. TO PROVIDE AS NEEDED REDEVELOPMENT CONSULTING SERVICES WHEREAS, the Community Development Commission ("CDC") is implementing the National City Redevelopment Plan; and WHEREAS, the CDC desires to employ a contractor to provide as needed redevelopment consulting services related to various programs and projects within the National City Redevelopment Project; and WHEREAS, the CDC has determined that Rosenow Spevacek Group, Inc. is a redevelopment consultant and is qualified by experience and ability to perform as needed redevelopment consulting services. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with Rosenow Spevacek Group, Inc. to provide as needed redevelopment consulting services. Said Agreement is on file in the office of the Cit Clerk. PASSED AND ADOPTED this 20th day of February, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND ROSENOW, SPEVACEK GROUP, INCORPORATED THIS AGREEMENT is entered into this day of , 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and ROSENOW, SPEVACEK GROUP, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide redevelopment consulting services on an as -needed basis. WHEREAS, the CDC has determined that the CONTRACTOR is a redevelopment consultant and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR, or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the Revised August 2005 CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Frank Spevacek thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" ($50,000 - the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three {3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the 2 Revised August 2005 CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees or subcontractors as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR, or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Revised August 2005 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 4 Revised August 2005 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 5 Revised August 2005 purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or 6 Revised August 2005 suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved. by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by 7 Revised August 2005 overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable; when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Rosenow, Spevacek Group, Inc. Attention: Frank Spevacek, Principal 309. West 4th Street Santa Ana CA 92701-4502 e-mail: fspevacek@webrsg.com Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any 8 Revised August 2005 financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods.. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. 9 Revised August 2005 K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: Ron. Morrison, Chairman ank Spey ROSENOW, SPEVACEK GROUP, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel (Principal) By: L� ((A ( athleen Rosenow) (Principal) 10 Revised August 2005 EXHIBIT A Rosenow, Spevacek Group, Inc. will perform as needed redevelopment consulting for the National City Community Development Commission from the effective date of this Agreement through June 30, 2008. Services performed will be provided only after a written proposal for each Assignment has been approved by the Executive Director. "Assignment" shall be considered to mean an entire work project, not the individual steps in a project. For example, Assignments might be "Redevelopment Plan Amendment to extend project area time limit and eminent domain authority" or "Redevelopment financial analysis July 1 2005 - June 30, 2006". EXHIBIT B bMMUNITY PE' N ENT' ROSE t0W SPE /AG Sf GRC UP IN,O:. 7 714 541 458E 30,9 WEST 4TH-s'iR.EE7F 714 541 1Y' 5 SANTA ANA. CAItFORNIA 1s INFOKOWEBRsmeolq 92.7O1-4502 YEEfitS'Fri.CORi'. ROSENOW SPEVACEK GROUP INC. 2006 Billing Rates Principal/Director $ 185 Senior Associate $ 150 Associate $ 130 Senior Analyst $ 105 Analyst $ 95 Research Assistant $ 85 Technician $ 65 Clerical $ 55 Reimbursable Expenses Cost plus 10% It is RSG's policy to not charge clients for mileage, parking, telephoneffax expense, postage and incidental copies. We do, however, charge for messenger services, ovemight mail costs, and copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged at actual expense plus a 10% surcharge. Bill Rates effective February 24, 2006 Policy Updated on October 2, 2006 - Reflects change in title names, Word Processor/Graphic Artist NO LONGER used (Ex: Technician - Housing, - Real Estate, - Graphics, - Documentation) \RSG\_Mmm\Rihi,y Rates 2006,do Attachment 2 RSG INTELLIGENT COMMUNITY DEVELOPMENT Company Profile Vision...Fulfilled Taking a project from concept to completion requires... • Imagination and planning to see the possibilities • Experience and commitment to make it happen • From the smallest detail, to the most complex problem • We strive to create harmony to create communities At RSG, our approach is a balance of forward thinking and understanding gained from over a quarter of a century's experience. Rosenow Spevacek Group Inc. provides consulting services for public and private agencies. Our experienced professionals create customized solutions, emerging from an understanding of each community's unique set of challenges. We specialize in: Economic Development Financing Govemment Services Housing Real Estate Acquisition Real Estate Economics Redevelopment Planning Company Profile Page 1 RSG INTELLIGENT COMMUNITY DEVELOPMENT Frank Spevacek Rosenow Spevacek Group Inc. - Principal Principal of the RSG since 1979. The firm specializes in redevelopment, real estate, finance, and economic development. Clients include both public agencies and private enterprises that are involved in community revitalization and redevelopment initiatives. Mr. Spevacek's real estate practice entails evaluating market conditions, soliciting developer/user interest, analyzing real estate proposals, structuring implementation agreements, and managing site specific development and redevelopment projects. Developments include regional malls, power centers, auto malls, mixed -use retail and residential, resort, hotel, golf course, and single and multifamily housing. In addition, Mr. Spevacek has formulated and subsequently implemented economic development strategies for redevelopment programs and entire communities. Recent Califomia real estate projects include the International Marketplace in San Pablo, the Mills Corporation's Block in Orange, resort and hotel development in Coachella Valley, affordable housing implementation in La Quinta, the Mission Road mixed use development in San Marcos, and the Northpark economic development strategic planning activities in San Diego. Mr. Spevacek's undergraduate work centered on urban planning and public policy at the University of California -Irvine, and his graduate studies involved public administration and municipal finance at the University of Southern California. He is a guest lecturer on redevelopment and economic development at both the University of California -Irvine and San Diego State University. Education Masters, Public Administration, University of Southern California Certificate in Environmental Management, University of Southern Califomia Bachelor of Arts, Social Ecology/Emphasis in Urban Planning and Public Policy, University of California, Irvine Memberships Planning Commission, City of Santa Ana (1983-1991) Board of Trustees, Julian High School District Chief Financial Officer, Julian Education Foundation Associate Member - Urban Land Institute Resumes Page 2 RSG INTELLIGENT COMMUNITY DEVELOPMENT Walter Lauderdale Rosenow Spevacek Group Inc. - Senior Associate Primary responsibilities include collection and evaluation of project related data, the formulation of public revenue projections, market research, field surveys and real estate development consulting services. Responsibilities also include project management, report writing, preparing development pro formas, as well as preparing and coordinating redevelopment plan adoptions and amendments. Keyser Marston Associates, Inc. - Associate Responsibilities included preparation of strategic plans, highest and best use reports, market studies and property reuse studies. Provided redevelopment and real estate development consulting services, as well as market and financial feasibility analyses. Conducted market research and land use surveys to identify market trends and conditions to determine development opportunities. Prepared development pro formas and public revenue projections. Education Bachelor of Science, Urban and Regional Planning, California Polytechnic University at Pomona Resumes Page 8 RSG INTELLIGENT COMMUNITYDEVELOPMENT Redevelopment Planning • Feasibility Studies • Revenue Projections • Plan Adoptions, Amendments and Mergers • Project Area Committee and Community Outreach • Implementation and Housing Plans `The Industrial Area Redevelopment Plan Amendment was a success because RSG is a `hands-on, roll -up -the -sleeves, get -the -project -done' firm. Their ability to provide tum-key redevelopment planning services is valuable for agencies with limited staff resources, such as the City of Fountain Valley" —Andrew Perea, Planning Director, City of Fountain Valley. In 1979, RSG started providing redevelopment consulting services to a few clients. Twenty-five years and over 100 redevelopment plans later, redevelopment is still one of our core services. We like it, and we're good at the nuts and bolts of it: plan adoption and implementation, financing, development planning, developer solicitation and selection, real and personal property acquisition, and rehabilitation program administration. We apply our real estate economic expertise in most of our assignments. We understand the diverse interests involved in redevelopment planning, from city officials to citizens, developers, consultants, technical experts, lawyers, architects, engineers, investment bankers, real estate appraisers and transportation agencies. We have eamed a reputation for balancing these diverse interests to move a project forward on a timely basis to its optimum conclusion. Our approach to redevelopment planning is to provide customized services for each client. For example, in one city we worked as a facilitator between the agency and 3 project area committees to discuss the implications of a proposed merger and increase communication and trust. For another city, we consulted on an award -winning redevelopment plan adoption and received unanimous community support, just a few years after a prior proposal failed amid citizen protest. For a joint powers redevelopment authority, we completed a redevelopment plan under the military base closure act —covering 15,000 acres, 22,000 parcels and 4 jurisdictions —within a seven -month time frame. Other cities have limited staff, and RSG project team members are available to act as an extension of staff —preparing staff reports, talking to property owners, meeting with department heads, and transmitting notices. Redevelopment Planning Page 1 RSG INTELLIGENT CO'MMUNITYDEVELOPMENT Feasibility Studies Redevelopment project area formation is an expensive and time-consuming process. Before initiating a plan adoption, amendment, or merger, we recommend our clients conduct a preliminary analysis of the financial, legal and political implications. Revenue Projections RSG prepares tax increment revenue projections that delineate anticipated housing set aside deposits, taxing agency payments, administrative costs, nonhousing project funds, and bonding capacity. Plan Adoptions, Amendments, and Mergers RSG brings over two decades of experience adopting, amending, and merging redevelopment plans to implement community development, housing rehabilitation, commercial revitalization, hazardous material remediation, and other programmatic goals. Project Area Committee and Community Outreach Stakeholder support for redevelopment is more essential now than ever before. RSG can coordinate, participate, or lead community workshops with residents, property owners, and businesses. Implementation and Housing Plans RSG prepares a wide variety of planning documents required by Redevelopment Law, including five year implementation plans, replacement housing plans, housing compliance plans, annual reports, and relocation plans. Redevelopment Planning Page 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 20, 2007 AGENDA ITEM NO. 29 ITEM TITLE A resolution approving a Mutual Rescission Agreement by and between the Community Development Commission and Olson Urban Housing, L.L.C. PREPARED BY DEPARTMENT Patricia Beard Community Development Commission Redevelopment Manag EXPLANATION On March 23, 2004, the Community Development Commission ("CDC") and Olson Urban Housing ("Olson") entered into a Disposition and Development Agreement for a 40-unit live work townhouse project on 1.26 acres located at 835 Bay Marina Drive in the National City Harbor District. In order to develop the project, approval of an amendment to the National City Local Coastal Program ("LCPA") was required from the California Coastal Commission. CDC staff prepared and submitted the LCPA application to the California Coastal Commission on August 26, 2005, however significant public opposition to the project arose from the Working Waterfront Group and the Port of San Diego adopted a guideline establishing a 1000-foot buffer between residential and industrial uses, impacting the project negatively. After several months of discussions and attempts to modify the project proposal, CDC staff and Olson decided a housing project could not be approved in this location at this time. This Agreement would terminate the DDA and refund Olson's developer deposit related to the project. Environmental Review Not applicable. Financial Statement Olson Urban Housing, L.L.C. will be refunded $37,500 of an initial developer deposit of $50,000 if the Mutual Rescission Agreement is approved. Of $12,500 non-refundable monies in the deposit, CDC spent $11,938.64. Account No 1' STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. i ATTACHMENTS 1. Mutual Rescission Agreement Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A MUTUAL RESCISSION AGREEMENT WITH OLSON URBAN HOUSING, LLC WHEREAS, the Community Development Commission of the City of National City ("CDC") and Olson Urban Housing, LLC ("Developer") entered into a Disposition and Development Agreement ("Agreement") on or about March 23, 2004, for the redevelopment of a certain approximately 1.26 acre portion of the National City Redevelopment Project; and WHEREAS, the CDC and the Developer have now determined that it is in their best interests to rescind the Agreement. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Mutual Rescission Agreement by and between the CDC and Olson Urban Housing, LLC. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of February 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel MUTUAL RESCISSION AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND OLSON URBAN HOUSING, LLC This Mutual Rescission Agreement is made and entered into this 20th day of February, 2007, by and between the Community Development Commission of the City of National City, a community development commission (the "CDC"), and Olson Urban Housing, LLC, a Delaware limited liability company (the "Developer"). RECITALS A. The CDC and the Developer entered into a Disposition and Development Agreement (the "Agreement") on or about March 23, 2004, for the redevelopment of a certain approximately 1.26 acre portion of the National City Redevelopment Project. B. The CDC and the Developer have now determined that it is in their best interests to rescind the Agreement. NOW, THEREFORE, in consideration for the mutual benefit to be derived therefrom, the CDC and the Developer hereby agree as follows: CONSENT TO RESCISSION 1. The CDC and the Developer hereby consent and agree to rescind that certain Disposition and Development Agreement dated March 23, 2004. RETURN OF DEPOSIT 2. In connection with the redevelopment project that was the subject of the Disposition and Development Agreement, the Developer deposited with the CDC the sum of $50,000, $37,500 of which was agreed to be refundable to the Developer if the project was not completed. Accordingly, upon the approval of this Mutual Rescission Agreement by the CDC Board, the sum of $37,500 will be refunded by the CDC to the Developer. SURRENDER OF RIGHTS 3. The CDC and the Developer mutually agree to forego all rights and benefits provided for under the Disposition and Development Agreement as consideration for the rescission of that Agreement. IN WITNESS WHEREOF, the CDC and the Developer have executed this Mutual Rescission Agreement as of the date set forth above. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: OLSON URBAN HOUSING, LLC, a Delaware limited liability company By: Ron Morrison, Chairman APPROVED AS TO FORM: By: George H. Eiser, III (Name CDC Legal Counsel S p c_ (Title) 2 (Title) senlorvice Japy �auker San o President The Communities Mutual Rescission Agreement CDC and Olsen Urban Housing, LLC STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF NATIONAL CITY ) ss. I, Brad Raulston, Secretary of the Community Development Commission of National City, do hereby certify that the foregoing Resolution No. 2007-xx was adopted at a regular meeting of the Community Development Commission of National City held on February 20, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brad Raulston, Executive Director -2- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES 2-20-07 AGENDA ITEM NO. 30 (I-TEM TITLE Resolution of Community Development Commission of the City of National Cit;-; Approving a One -Time Incentive Payment for Full -Time Community Development and Nutrition Center Employees. Brad Raulston (336-4250) PREPARED BY CDC Exec. Director DEPARTMENT Community Development Commission EXPLANATION In keeping with the current practice of the City to adjust employee compensation by granting a "one time" incentive payment, and to avoid on -going impacts to the budget, an incentive payment is again requested to supplement salaries on a one-time basis. The proposed resolution provides full-time Community Development Commission (CDC) employees with a one-time incentive payment of 5% of their base salary. It also grants full-time Nutrition Center employees with a one-time incentive payment of $2,000, which is the same amount provided to members of the Municipal Employees' Association (MEA) in February, 2006. The overall cost will not exceed $84,000. Environmental Review ✓ N/A Financial Statement Monies for this purpose are available in the General Fund—Undesignated Fund Balance (360-2501). Funds for this purpose will be transferred from the Undesignated Fund Balance to the Personnel Compensation Account (360-461-000-199). Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A ONE-TIME INCENTIVE PAYMENT FOR FULL-TIME COMMUNITY DEVELOPMENT AND NUTRITION CENTER EMPLOYEES WHEREAS, an incentive payment has been proposed to supplement salaries for full-time CDC and Nutrition Center employees. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves a one-time payment to full-time CDC and Nutrition Center employees, as follows: All full-time CDC Employees, other than the Executive Director and Nutrition Center employees, shall receive a one-time payment equal to 5% of their base salary. All full-time Nutrition Center employees shall receive a one-time, lump sum payment of $2,000. PASSED and ADOPTED this 20th day of February 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ITEM #.31 2/20/07 VERBAL UPDATE ON THE HEARTLAND COMMUNICATION MOBILE DATA COMPUTERS PROGRAM. (FIRE)