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HomeMy WebLinkAbout2007 05-15 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 — May 15, 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 audi6fonos estan disponibles en el pasillo al principio de la junta. I // 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 5/15/07 - Page 2 PRESENTATION EMPLOYEE OF THE MONTH PROGRAM 1. Mercedes Manalo, Payroll Technician — May 2007 CITY COUNCIL 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. 2. Approval of the minutes of the Adjourned Regular City Council/Community Development Commission of February 28, 2007 and Regular City Council/Community Development Commission meeting of April 17, 2007. (City Clerk) 3. 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) 4. Resolution of the City Council of the City of National City to approve, accept, and record Pacific View Condominiums Subdivision Map located at Division Street and Fig Court. (S-2004-16, PD-2004-05) (Engineering) 5. Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with Young Family Trust for the installation and maintenance of two irrigation backflow preventers in the City reserved right-of-way adjacent to 2240 Cleveland Avenue. (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/15/07 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the former National City Library remodel for the PMA/ILWU project. (Engineering) 7. Resolution of the City Council of the City of National City approving a Conditional Use Permit for a proposed 5-unit apartment complex at the southwest corner of Highland Avenue and Division Street with exceptions for less than required side and rear yard setbacks. (Applicant: Ricardo Perez) (Case File CUP-2006-12) (Planning) 8. Resolution of the City Council of the City of National City approving a tentative subdivision map to divide a 1.41-acre lot into ten at the site of ten existing duplexes at 1205-1243 Fig Court and denying the request to waive the utility undergrounding requirement. (Applicant: Robert Gulotta) (Case File No. S-2006-12) (Planning) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendments to Agreements with Tom Moynahan Towing Company and with JC Towing for towing and impound services for the City. (Police) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with PBS&J in the amount of $43,915 to provide sewer bill/tax roll administration and financial services for Fiscal Year 2007-08. (Sewer Service Fee funded) (Public Works) 11. Resolution of the City Council of the City of National City designating the representatives authorized to order the deposit and withdrawal of City monies with financial institutions on behalf of the City of National City. (Finance) 12. Resolution of the City Council of the City of National City adding a residence at 2824 L Avenue to the City's Historic Sites List (2007-25 HL). (Planning) CITY COUNCIL/COMMMUNI T Y DEVELOPMENT COMMISSION AGENDA 5/15/07 - Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City designating MBIA MuniServices Company and Hinderliter DeLlamas and Associates as authorized City representatives to examine the City's Transactions and Use Tax (District Sales Tax) records. (City Manager/Finance) 14. Resolution of the City Council of the City of National City amending City Council Policy #804 in regards to City support for special events. (Community Services) 15. Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue. (Applicant: Augie Bareno for ABCO Consultants) (Case File No. 2007-29 T.E.) (Planning) 16. WARRANT REGISTER # 40 (Finance) Ratification of Demands in the amount of $1,336,901.16. 17. WARRANT REGISTER #.41 (Finance) Ratification of Demands in the amount of $919,511.88. 18. Neighborhood Council Monthly Report for April 2007. (Community Services) PUBLIC HEARING 19. Public Hearing — Planned Development Permit to construct a single-family residence on a 12,200 square foot lot containing an existing residence at 2901 Leonard Street. (Applicant: Roy Di Stefano) (Case File No. PD- 2006-4, APN 564-071-09) (Planning) ORDINANCES FOR ADOPTION CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/15/07 - Page 5 20. An Ordinance of the City Council of the City of National City describing the previously approved program of the Community Development Commission of the City of National City to acquire real property by eminent domain. (City Attorney) 21. An Ordinance of the City Council of the City of National City amending Chapter 10.21 by adding Sections 10.21.010 — 10.21.050 to the Municipal Code prohibiting the retail sale or distribution of novelty lighters. (Fire) NEW BUSINESS 22. Proposal for the relocation of the Small Business Development and International Trade Center (SBDITC) to the Southwestern College Higher Education Center in National City. (City Manager) 23. Request to use the Kimball Senior Center and to serve alcoholic beverages by the 82"d Airborne Association for an Annual Memorial Day Dinner. (Community Services) 24. Review of a proposed project change for substantial conformance with an approved Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Case File No. 2007-28 Sub.Conf.) (Applicant: Generations Construction LLC) (Planning) 25. Temporary Use Permit — Revised dates for Philippine Fair & Parade at Kimball Park on June 9, 2007 from 8 a.m. to 6 p.m. Stage set-up has been changed to June 8, 2007. (Building & Safety) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 26. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 04/20/07 through 05/03/07 of $768,487.11. (Community Development Commission/Finance) GIT Y COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 5/15/07 - Page 6 CONSENT CALENDAR (Cont.) 27. Resolution of the Community Development Commission of the City of National City approving an Amendment to the Lease Agreement between Frank Motors, Incorporated and the Community Development Commission (CDC) of National City for real property located at 922 West 23rd Street in National City, California and authorizing the Chairman to execute said Agreement. (Community Development Commission) NON CONSENT RESOLUTION 28. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute an Agreement with Christmas in July, National City in the not to exceed amount of $100,000 to provide rehabilitation services to low-income homeowners in National City for Fiscal Year 2006-07. (Community Development Commission) NEW BUSINESS STAFF REPORTS MAYOR AND CITY COUNCIL 29. Water Issues Update — Information Item. (Mayor) 30. Discussion of "Get -Acquainted" event for members of the National City, Coronado, Imperial Beach and Chula Vista City Councils. (Council initiated) ADJOURNMENT Adjourned Regular Meeting — National City City Council/Community Development Commission Budget Workshop — Tuesday, May 29, 2007 — 6:00 p.m. — Large Conference Room - National City. Next Regular City Council and Community Development Commission Meeting - Tuesday — June 5, 2007 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNIT DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 5/15/07 City of National City Human Resources Department 140 East 12th Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM May 3, 2007 TO Chris Zapata, City FROM Stacey Stevenso SUBJECT EMPLOYEE O nager man Resources Director E MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in May 2007 is Mercedes Manalo, Payroll Technician. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, May 15, 2007, to be recognized for her achievement and service. Attachment (1) xc: Mercedes Manalo Tess Limfueco, Director of Finance Councilmember Natividad Human Resources — Office File SS:Im Performance Recognition Program (2) ® Recycled Paper Mab 03 07 12:16p 619 336 4349 p.1 City of National City of National City Performance Recognition Award NOMINATION FORM The Finance Dept proudly nominates Mercedes Manalo as our Employee of the Month. Mercedes has been a valued and outstanding member of the Finance team for almost ten years. During this period, she handled several positions in the department. She was the Accounting Assistant/Main Cashier for 2 years before her promotion to Senior Accounting Assistant for the Sewer billing section in 2000. Mercedes had demonstrated exceptional customer service and interpersonal skills as she assisted the public in the course of her job. She treated both regular and difficult customers with professionalism and courtesy. In 2004, Mercedes was promoted to the Payroll Technician position. Although she had no prior experience in payroll, Mercedes welcomed the new position as an opportunity to learn and grow professionally. Knowing the importance of the accurate and timely processing of the payroll, Mercedes does not hesitate to work long hours to ensure that payroll checks and reports are completed and direct deposits are sent out as scheduled for the more than 500 employees of the City. Always a team player, she still assists at the counter when needed. Her cooperative and friendly attitude has contributed to good working relationships not only with coworkers in the department but also with other City employees, who are her primary customers. Recognizing Mercedes as the Employee of the Month is our way of showing how much we appreciate her valuable service to the City. Nominated by: Tess E. Limfueco Signature. c . Date: u2 /o `% ITEM #2 5/15/07 Approval of the minutes of the Adjourned Regular City Council/Community Development Commission of February 28, 2007 and Regular City Council/Community Development Commission meeting of April 17, 2007. (City Clerk) ITEM #3 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 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 5/15/07 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 this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." eRecycled Paper City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. ,,tEETING DATE Ma i 5 2007 ITEM i i TITL E Resolution of the City Council to approve, accept, and record Pacific View Condominiums subdivision map located at Division Street and Fig Court (S-2004-16,PD-2004-05) DEPARTMENT_ Engineering EXT, 4394 4 PREPARED BY Adam Landa EXPLANATION Court for the m City C bdncs o approval, acceptance, for die De velopment, the owner of the Pacific View Estates Condominiums Subdivision, has submitted a Ina map for the property located at Division Street and Fig and filing with the County Recorder. ril 4, 2005, •The City Council approved the tentative map by Resolution The final map consists of 49 residential condominiums u units. The Planning Commission, on p roved the tentative p has reviewed and app No. 2005-113 on June 7, 2005• the final map. There are The Engineering and Community Development Commission have also approved street dedications on this map. Resolution No. ATTACHMENTS (Listed Below) 1. Resolution 2. Subdivision Map view A-200 (Rev. 7/03) RESOLUTION NO. 2007 — 94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT, AND RECORD THE FINAL SUBDIVISION MAP FOR PACIFIC VIEW CONDOMINIUMS LOCATED .DIVISION STREET AND FIG COURT (S-2004-16, PD-2004-05) WHEREAS, at a regular meeting of the City Council held on June 7, 2005, the City Council adopted Resolution No. 2005-113 approving the tentative subdivision map for Pacific View Condominiums located at Division Street and Fig Court, generally described as: Being a subdivision of a portion of Lot 70 of Horton's Purchase Rancho Mission of San Diego, in the City of National City, County of San Diego, State of California, according to map thereof No. 283, filed in the Office of the County Recorder of San Diego County, March 9, 1878. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the final subdivision map for Pacific View Condominiums located at Division Street and Fig Court is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney z 0 z W c) z U� U a� 0 cn 510 Ofir zepa lW1� b IVc gravp � 5 tg go aro 11 8� o ;; a PR la!,X 11 Ili I P a 11011 Ede Ca 2: 0'2" re 4; � @s 16;114 ho Ib �y N E7 ;I 1 �yy WFj■ ig it MAP NO. CASE PACIFIC VIEW ESTATES NO. S-2004-16 IN THE CITY OF NATIONAL CITY STALE OF CAf0011A } SS CCUItt Cf CN BETTAE NE. A NOTMY PHM1C . 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STATE Ef CALIFORNIA Z �i COUNTY Of ON BEFORE NE A NOTARY PUSAT , PERSONALLY APPEARED AID PERSONALLY NNOMI TO YE DR PROMO ID YE M M BASS OF SAn0AD1p1Y EVIDENCE TO BE 11E MOMS) MOSE ME(5) IS/ ARE summer, 10 11E 0111111 NSTEUMIT AHD AONOMEDRD TO YE TNAT IE/SE/DEY DECUIED M SAME N M/1ER/TIM AUTISM° CAPAp1Y(ES), NO THAT BY NSA/OR/DER SMAIUE(1) ON M 4S1IIRIME ME PERSONS) 01 THE ENTITY UPON BEHALF OF MOOT THE PER901(3) AD1E0. E)EDUIFD RE INSTRUMENT. TIMMS MY NANO SOMMNE • PIMT NNE • YY COYYNSON COPES ON YY PRINCIPAL PLACE CF BUSINESS R N COMTE STATE OF CALIFORNIA CONTE CR YAA M DEFOE IF, A NOTARY PUBLIC , PERSONALLY APPEARED AND POEBWMLY NNONN 10 TIE ON MOOTED TO YE M THE BASS OF SATDr9CIO E ENOOKE TO SE TIE PERSON(S) MOSE HAMS) IS/ AM SOSMBED TO TIE ono N$IRROIT NO AOOIOMEDTEB 10 WE THAT BY NS/1ER/RENT 1E/SHVINCI �SOMMIE(5) COI TIE TIE sue OSIOREHT, RE PERSON(S) M RE MITT Mom BELIEF OF IBM THE PERSON(S) ACED. (*011ED M NSRU OUT. 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LOT 70 T S7713-259 9TE 0.536' 600'42'09 TOM' - _p DETAIL -B' NOT TO SCALE 002614.56S' PAWN 91F$T POR. LOT 70 Fi7E S77T3'259 207.59' O11BgE amen 300 WAIL OR PUT 1 Loch A, 100 R AJP7 tOS 2, 7 y;2t1> • 00. NI* P (10 TAO 0.23' SLY AND 0.49' WLY CI: WNER. I POR. LOT 70 NOT TEOI aR I / ACCEPTED TEDDPPODEN T NAP(2222277A6). PACIFIC VIEW ESTATES PROCEDURE OF SURVEY S7713'2011 (S712SW)4— 222P0'R RO.w' UNE LINE TABLE LENGTH BEARING 11 L2 u u 12000' 30. 4330.00007> I(000071 9.20' (9.2')) <9.2)> 00.24> Fla 2' /P. AM TAG �2227 a0LE1, ACCEPTED PER PM 1662E 1Zy1 I ,4 I // e R.- .S , D' I R S, 3 /A P'' S]416'I6'W moo' 'S , y2i > it N6314',6Y 19.04' ` o CCN63oa'42'4 19.02D , I --/---O, N7215'2S'6 N 7215'23' E 954A6' 104.09' NTT 106265' Burkett & Wong Engineers b 3434 4,N AVE - SAN DECO, CALIFORNIA 92103 TEL: (67P) 299-5550 - FAY (6,9) 297-3169 (47,26i Mir N7245.25'E 230.33' SEE �'( .1 1208 2 t48)) 2065' PTO" ? ,a iJel P. 230- _ (121.33) 140 .09' (571269 IM2.1,) J' S9: STF C(R. 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ACCEPTED A5 STA 122s PER ROSE 14452 N 1,931,430.74 E 5.295331.311 'N moo -wort IO4.I� (um,' GROUND) BASIS OF BEARINGS DETAIL NOT 10 SCALE Burkett & Wong Engineers 3434 4121 AE - SW DECO. CALIFORNIA 92103 TEL (6)9) 299-5550 - FA% (619) 297-3189 r PACIFIC VIEW ESTATES NOTES 1. 199EM 9MNIM*E MOM 9M Mn MAP A NA LOT CORERS MEM AS CCM= BELOW MIL E MOI9R1EE10 n A 3/4. % 1r OM PER ION A 0131( WINED V 41n'. 9. LOT CONFAB MOo M MOBMS OF M PRIME 9119ET RIONT-Or-lan IRON AS LOT 50OP MO COURT P NM•014 O ME IEWT-W MYE BINILOT 51 M IgMTIE M{M 1511 ST A COI 999n 13 DOT. ET MOM M DROWN Q M LOT NE AT MI OFSET OF 300 FEET M M MENMK M O/TET MALL E 1E9 O OTIORMINELTI,DO�AT 9Wf AMl1LA3 TO SE 04lT-R-MY IRE. C. ILL PORE V MIME OF M SCOPO OF DE PERM SWEET SOM ICE I An LOT E MD LOT 51 MD ME TO SCI O R9 CURT MD OMEN STREET 1104T-OF-9 95 SILL E 11012601112) w A UM MM60 V 4207. NT AT AM OFFSET K SO FET NM OEIWN TIE OFgT MMML E SEA9. AMWC, 2 10TAL MRNFII Q L015 FOR 1I45 REORM011 O 3L menu, LOTS . 40 (0I3 1 MIOIg1 40) CPFM MACE 101S . 3 (UM S2 INFE0211 N) PRIVATE 510ET LOTS . 2 (LDI 50 MD LOT M) 1 ARIA O WIIME o.. UN ACES (Moss) , 4.301 ACES 5E1) A El. OnTANET MD CA STREET MOM 11I0101 Oa. EOIAL3 EIKR 411MAT GNTANCC TO TOO NIMSEDDN 3. ALL N9VATE snot MD Donn SYSEM A5 PAn O TIE MI.NMM0M ARE 1O E M ENN945Ln m M KW 0W 3 AIMDARSL A MMCA11l TIRO on) LAST LOT MOOS: O® MAP NO SHEEP 4 OF 9 SHEETS I MX MB 2E4-N I GCS IOC 1,830-14235 LC 190-1.737 I� 7 72-3n39' E 6277' 34 c, 04 S7213'25'R 164.09' 57215'251V 7239' CD N33s9'26Z (R) R..5A.00' DETAIL 'D. NOT RI SCALE w) 4)4' 721A 3239 PACIFIC VIEW ESTATES SEE SHE N 3D.2e• ���37'E �2W 302e' k *8°734T - (OPEN SPACE) 4200- Il.p t7e'ar5eb U g I I< I �( 30 15 0 30 6 14 Re,u. SEE OCTAL '3' (SIEET 6) ofsl- 60.75• N7215'25T 230.33' es Burkett & Wong Engineers 343. 0N AVE - s.N DEGq CAUFORIIA 92n. TEL (619) 299 -3550 - FAX (S19) 297-3110 SEE DETAIL 'A' W yiEET� SGMls 11 PUT 1 h,ah- 80 It e7.79 PORTION .OT 70 MAP 283 ROO 90 2483 E, SKEET 5 OF a SHEETS RGCA1ER .14 . am SCUMMY. • - - - - INDICATES LOT ME. NOTES i, ALL MINES LOCATED w PRIVATE STREETS AS PART OF MS 9.2101N7W SHILL BE magma, B7 THE 91a60 etcpt ASSOOA1l 2 AU. PRIVATE SEER AND DRAINAGE STSTOIS AS PART Or IIRS 011 .�91 1E 70 SE RE RTSPVISOIIry 611E NOEarER'S amm1£ TABLE UAW DELTA 0 LENGTH RADIUS ala�i5s�- 111111111111•1711. ET'71 �i �'3ii 1111(UNINIIRra e 0 4e Kr 4a • R`M'or (PRIVATE STREET) 6-17B16s6' (SEE NOTE 1 4001E) 4721525'E 117.34. UNE TABLE OSi1Ri.� j ® elmml � • L5>•iT7♦ irf• i i 572157r34 g l CP MOON MEET 40.25' -.J.,- 44L01' rar orw 1003' aE NO 906-• I -CM IX .630-0.2Ie LG. 190-1.737 MAP NO. L0.1 SEE OCTAL 'C R-25.OV L-J0.79' 9-7094'03' 96T49.IVE iR) 32.3• 967.54•32 E 92.95. 58a15 11,9Y oo ®9.900 No94 E SEE SHEET 5 10E o€TAL •,r UEI w6e4e_wT�_�h "\ �c77 N M]3111431)_��' 1 DETAIL "E" NOT TD SCALE 5307710E (R) eS011141-E (R) U> DETAIL "▪ F" NOT TO SCALE Yo A 8S' L27 L25 4*1 pi a 56r43'36^/ (R)__ DETAIL •H• NOT TO SCALE } 5091839E 792r .. • a r7. 511015.3VE 79.33' g g 0st Y SSV15'3VE ra.33' „r 2 a § 74 g m9'I3,3VE 79.33' $ JJ $ R / 5 6T5'3V E R 79.33• 6933' 511017140 -v 14.97 (S7EET 3) T n6913•9'w 1 0.7.9r1 601V L40 7 j L39 i C1 PACIFIC VIEW ESTATES 34309. 11 i 12294' L30 30111390E 30913.30E 73.50' Aa r IC 9391839E 7030 50915.30E 7350' 50015.39.E 73.30' 39915.39.E �W2yS00.4411.14 ay. .7CT 1500' N5E36.24E 21 © 04 N6472b9E DETAIL G" NOT TO SCALE Ar44•54E (R) L22 DETAIL ▪ •I" NOT TO SCALE 500913.39E 50.27 R-7100' L-1.70' tr17b•04' SW1r14E 14.9r R.7100• Ln7039' ® sw14'sr OETA L•J" NOT 10 SCALE 3070729E (R) J7 • Burkett & Wong Engineers 3434 41N AVE - 5AN OIE00. CAUFO N1A 92103 TEL (619) 299-5550 - FAX (019) 297-3169 100r (OPEN SPACE) 73 4' SEE OETAI O 5091839E 7550. 5091830E I2'A' R.23o0 RO cc'.Ft 1 3019 \ ' 1.- 711'3403 ]! 34306 ILL..JJI 1.1 Fn V DETAIL •0• NOT TO SCALE 9Q 1 QQuFrr I 1432 ♦9 \4 372y305 Ej. ,d1 SHUT B OF 9 SHEETS MIND 'MAWS FINAL NAP 9A* *RY - - - - IICRA15 LOT L2[ . . ABBRIWAI7ONS OPEN SPACE OS NOTES 1. NJ. OWES LOCATED IN PRIVATE 3DNET9 AS PART OF MS MOMS 1 SHALL BE NNNTATNTD 91' THE IIAM10110I5 ASSOCIATION. 2 ALL PArv*5E SEVER AND OPA9MCE ST5mN1 AS PAST OF THIS 9NI0NNON ARE 10 BE 111E RESPV SINIT1 CF RE NONE 019ER9 ASSOCIATION. 30 is 0 30 60 90 SCALE IT TUT 1 Loeb . 9D it. UNE TABLE 194E LENGTH BEARING L14 LIS LN 15.08 LB' 1324' 53842.46'R N1r43'377 50215'31 E L17 U9 219 US 121 4.7N 297 17.41' 2a0V 1371' 122 123 124 L25 2923' 19.25. 591118]re 3091439.E N1r47157 57r12'45•w 57212'45Y 509.1839E NOC14 E N31,r40•V 5091539E UNE TABLE UNE LENG)N BEARING L27 1073' L20 L29 130 L31 L32 L33 L34 13S L37 Us L39 L40 L41 7.00' 277' 3024' 20.0r 712. 7.A,' 4.50' 108 7.79' 4.07 11.02' 7.00' 1 S4' 33.35' 30113.39E S4r44'21'N 970144.21E 59,179E 52279.40E 50300.42•R N493119'N N/11NI84V2'S7E 43E 57i13'44E 1S'39E N3412'22'R N0V14'21E 599,5.39E L2: 17.00' 50915.39E azall ,. T I RADIOS I a IBOB i ilRiaT•i'S1I 1111113171111111r.0 man IMIrtras:T .i717ri t52>f� 'i�rr"iP.1".T 1 IIt,"17iT'•"ii2r"iiRwi NEER! 'i mermal L;)♦5'i iTT71 i'2!Y1911 mmirlenortrawriani Nur,simirwmMisx: enrnra�s :x INICE111111111F7'i�'C 7F!F'.'i9 CAS? NIL 2001-111 OR 61C 1.930-1. LC 19D-1.737 DETAIL -K' DETAIL "L. DETAIL "M. NOT 10 SCALE NOT TO SCKE MOT 10 SCALE Burkett & Wong Engineers 3434 ♦TM AVE - SAM DEGO. CAUFORMA 92103 TEE (019) 299-5550 - FAIL (819) 297-0189 PACIFIC VIEW ESTATES EXISTING EASEMENTS DIMON STFEEf /a4e" ' WA, 6CI M'i II / SHEET 7 OF 9 STEEDS LEGEND MEMO AWL MAP POODARE— - - — NpCA1ES LOT NNE *MATES EASEMENT. - — ABBREVIATIONS — OPEN SPAQ OS PL01TABfd EASEEI NTS m A ORAMAAE ENE GRAPHED TO THE CITY OF MAMMAL OTT RECO 10/24 AS FEE NO 90-YN0E OR ® A SEDER EST.. OIAMED TO THE CM OF NM7 & OTY 9ECD !/SP/5I AR MI, OK. PG AM MT. BROOM 10 H OTT OF KARMA. OTY FOR FIE IAO �ORAPT� IECD 9/A/lY AS 2240.14. NON-PLOITABLC unmans 1. AN EMINENT FOR OTHER OR 1101H POPE UNE; UPOOKKOND COMETS MEMO THE OILS OF NpiSS NO K Ea0E MOOED MAA K , MO PI BOOR 14UU PAGE AN OF OEM 2. AN CA -SOMA FOR PIRIID UTAITES INGRESS AND EGRESS aIN11EO 10 SOP DECO COLSODIOED CAS R ELECTRIC COMPANY. RECEBOED P MA 04 3. 192E INU BOOK 91 MOMS 1. ALL U7R/1ES LOCATED N MICA SOEETS AS PART OF RES SUNANM SNAIL BE WOWED BY H NOIEOIPIERY ASSOOAPCK 2. AIL PN4A1E SEVER NO ORAMA8 MAYS AS PART OF THIS R3NMSOI ARE 10 RE H OF ASSOGIEN. AC NODE MOCKS SEE EASEMENT MAIL M BEET 9 - a9 0 SOILS O FUT I Incb 40 It. OW AO 3001- I AS IX 1.100-9.298 I LC. 190-1.7.37 MAP NO. PACIFIC VIEW ESTATES SHUT 8 OF 9 SMITS MIND MICA= P.44 NAP .MOM',— - - — NOICATES LOT ME PONCAIE3 ELsEIENT. r_/� EASEMENT POISIX 97C r////� ABBREVIATIONS CPa1 SPACE CM / ELp4AIWIS / /f � ' / GD API E91T. OR NTO 10 he CITY Cr NATIONAL air.-. pnwA-E PURPOSEW RECD FARM AS / E\ Hi NO. 73-230034. Q. / y\ : NOTES a1 O IES x IE STREETSINED AS PIJIT 1. LOCAND 1\\ 3 g TIE OF T03 SCBOMSION 41.LL BE YNITA9ED Br TIE OF IS SUR NISION BE \ ) st `i\ A (O. — \ , p.119.00 �r,qe• 4Z Zrp �.'Yq. r e( NOIEONNFRS ASSOaAlICI4 2 ALL PRIVATE SEIEII AND DRAINAGE STalelu AS PART ME TO RE 1NE IESPa90Utt L.S0.1E FP F. '��.,y 4. / ht.. ., • lr ti \ Cr NS 4R9At90t Cr WE NOIIE mars ASSOCIATCIL 1 / L.33,• a-evoa• x ny g� \ ,' Aud �, R/ A•.7PSp'IY M i1 \ L.In.57 ` )f Nrpb , 0,.3/4„r ' '� _�/a�� ® z Tel °o• T/�l/l 5311I051IT 56.41• i r /aw 'CSS --�• E ry4r gs , / f v S301021t 79.0IF _ _ 20.Oq• _ �,P 0LY gyp 2t r lu I O I . I L O ® I OOr r / Ar n I = ( I I ) I I I I I EASEMENT DETAIL + ) I WALE t•.26' Burkett & Wong Engineers 3434 4TI ME - DM DECO. CAUM.. 92103 TEL (919) 299-5550 - FA% (414) 297-J199 as Na mw-s � ar MC 1.2.20-1.29e 1 Lc Igo-lar MAP NO PACIFIC VIEW ESTATES PROPOSED WATER EASEMENT .... SEPARATE TO BE GRANTED TO SWEETWATER AUTHORITY .765312t 0 34.00. © ,1 0 21 M75 3',at ,L10. M7215'25T 96.4T 13 N6T4714'W M7215'25.6 24.00' r Burkett & Wong Engineers 3434 4. ALE - SAX 0604 CAUF091A 92103 1EL (919) 299-5550 - FAX: (619) 297-3169 25.7.E 60.71 More -'- 't ss*�",„ e 9. R09 2483 N7213'2512 / yS,lam.p ` 0 DNBOM EFT. (4 3 AACv L020.42. 6-,aoo. 6.094329. N7215'25i / WHET B OP 9 sHSZTs LEGIND 0101PA IFS FINAL YAP Y01.10IRY 9101CAmU LOT LW. 9991CA1E2 PIICroSEo Yams £6 WpIT.... — — — — AABImvunoNs CPUI SPACE O5 40 20 0 40 db r20 WALL 01 PEET I loch - 40 tt CASE IIL 2o24-la I G1s LC 1.820-5,296 T LC 190-1.737 MAP NC PACIFIC VIEW ESTATES CASE NO. S - 2004 -1 6 IN THE CITY OF NATIONAL CITY SURVEYOR'S STATEMENT 1HE LAME IA110/4 OF 3F. BEING A SUBOMS1011 Of A PORTION OF LOT 70 OF HORTON'S PURCHASE RANCHO IRSS/OPI OF SAN DEGO. IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DECO, STATE OF CAUFORMA. ACCORDR1G TO MAP THEREOF MO. 293, FLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MARCH B. UM FOR =METE SETT AM BLUE*. LEGAg- (*NOW' HOW tr RE =MARY OF THIS SUBOMSION. SEE CERTIFED TITLE COMPANY DESCRIPTICN AND REPORT ON FILE If/ TIE OFFICE OF THE CITY ENGINEER. SUBDMSION GUARANTEE BY CHICAGO 111LE COMPANY ORDER I/0. 803050003-4/54 DATED APE& 19. 2007. AN EASEMENT FOR SLOPES MD INCIDENTAL PURPOSES RECORDED OCTOBER 24. 19110 AS DOCUMENT NO. ITO•354402 AM EASEMENT FOR SLOPES AND INCIDENT& PURPOSES RECORDED Jig 23. IBM AS DOCUMENT NO. 111-4/11111055 ME NOT SHOW WHIN 1195 SUBDIVISON BECAUSE THEY HAE BEOV VACATED PURSUANT TO SECTOR 110434(2) OF PC STATE SUBOHISION MAP ACT. COUNTY TREASURER/TAX COLLECTOR AND DIRECTOR OF PUBLIC WORKS CERTIFICATE ME THE COUNTY TREASURER/TAX COUECTOR OF DC COUNTY OF SAN DIEGO. STATE OF CALIFONIA. AND THE DIRECTOR OF PUBLIC WOKS OF SAID COUNTY. HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS 1111401 MAY OE PAID IN FULL SHOWN WY MC BOOKS OF OUR OFFICES. AGAINST THE TRACT OR SUBDISION OR ANY PART THEREOF SHOW ON THE ANNEXED MAP AND DESCRIBED RI THE CAPTION THERECE. Ens DATE. DEPUTY DM MCALLISTER COUNTY TREASURER - TAX COLLECTOR BY. DEPUTY JOHN 9111)131 DIRECTOR. DEPARVIENT OF PUBLIC MORICS DATE I. JAMES L. MEYEL A PRCETIA1 PREPARED BY WE Oft UNDER T OtetiCi CONFORMANCE UM THE ItEL.Chatfil I ORDINMCE AT 1 1hJLeP.,24 LIABIUTY k.A.K1ratATION :AA AND COMPLETE AS SHORN *ARO THAT / notervir.r. .V11: w1.6"r ecT P0511014 sicrivi RETRACED (SEE LEGEND ON n-SET 3 ft CORNERS SIM SUM!' :10M Er ACCORom 10 THE NOTES cm SHEET 1 HEREBY STATE "INAT THIS NAL. ;,3,,,,,rs APPROVED OR CONOIMORAL. I.PPRC'A JAMES L IRENER LS 4309 EXPIRATION: 6-30-2006 DA1E: CITY INGLIVAtieS I. S1EPIEN N. KOIKPATRICK. HEREA. STATZ `....4T RC SUROPARICV15 SNISTAPT,,ALLY MY APPROVED ALTERATKPRi -MENEM, TIC :TAX oPPUONLE '44 TIME APKTO MIK MD ZARSFICD SAC STEPHEN M. KAKI( SCE 537 EXPIRES 4/30/2C107 1 AM SATISFE) THAT Ives NAP S 4 MICKY IL *DUI R.C.E. 2784e. L. . 3-31-200B MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 15, 2007 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City of National Council approving and authorizing the recordation of an encroachment agreement with Young Family Trust for the installation and maintenance of two irrigation backflow preventers in the city reserved right of way adjacent to 2240 Cleveland Avenue. PREPARED BY Charles Nissley DEPARTMENT Engineering EXT. 4396 EXPLANATION Young Family Trust, the owner of Motivational Systems Incorporated, has constructed a new facility located at 2200 Cleveland Avenue and was required to landscape the parkway area. The parkway strip is twelve feet in width with trees, shrubs, grass and an irrigation system. Due to the configuration of existing facilities and structures, the irrigation system was constructed with two backflow preventers within in the public right-of-way. The Young Family Trust is requesting that an encroachment agreement be approved for the backflow preventers. The Engineering Department supports the requested encroachment agreement. CEnvironmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Encroachment Agreement Resolution No. A-200 (Rev. 7/03) 2240 RESOLUTION NO. 2006 — 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THE YOUNG FAMILY TRUST FOR THE INSTALLATION OF TWO IRRIGATION BACKFLOW PREVENTERS IN THE CITY RESERVED RIGHT-OF-WAY ADJACENT TO 2240 CLEVELAND AVENUE WHEREAS, the Young Family Trust, the owner of Motivational Systems, Incorporated, has constructed a new facility located at 2200 Cleveland Avenue, and was required to landscape the parkway area; and WHEREAS, the parkway strip is 12 feet in width with trees, shrubs, grass, and an irrigation system; and WHEREAS, due to the configuration of the existing facilities and structures, the irrigation system was constructed with two backflow preventers within the public right-of-way; and WHEREAS, the Young Family Trust is requesting that an encroachment agreement be approved for the backflow preventers; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by the Young Family Trust, and directs the City Clerk to record the same. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT yThe City Of National City hereby grants an Encroachment Permit to the undersigned, 0()fdrnt Tros• (hereinafter referred to as "OWNER") �( v`( in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment.. 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: L ) a The City reserves e rig . to charge the Ow.-r "fair • ,/� jL/3�'�' reas• able" co sensation f. he use of .ropert - oactive to th d. e of construction . stallation of the encroac ent. The city can require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. b. 8. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. .24 FOR THE CITY OF NATIONAL CITY Name: Title: AGREED AND ACCEPTED: Dated: Person in Responsible Charge (Print Name) 24 hr. Phone Number Firm Name OWNER/APPLICANT —rr. �, Pff ��'nted Dame & Signature JCobPP f f �11�/v y �/`tif --`' Printed Name & Signature 2200 G -ea au 6 t io4biu ttt, G 1 CA- I t1 z Mailing Address (OKI r(7-1Ur Phone Number . Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2111 PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT'B" ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On t ' f 3 - r'' , before me, Dale ,,__���� personally appeared NICOLE ARse4 ili Commission # 152302$ No Public - California San Diego County �( My Comm. Expires Oct30, 200� Place Notary Seal Above ss. lGc7-e INIzArgAril)041)( Name and Title of Officer (e.g., "Jane Doe! Notary Public") me(s) of Si Thtriersonally kn�wr( to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name(, isf subscribed to the within instrurent and acknowledged to me that he/she/tlaerexecuted the same in his/bef/tbaiF authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(a), or the entity upon behalf of which the person(-sj acted, executed the instrument. WITNESS my h(andd and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -e r� Document Date: t • t?j Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Ll Corporate Officer — Title(s): ❑ Partner — U Limited PI General ❑ Attorney in Fact ❑ Trustee I� Guardian or Conservator ❑ Other: Signer Is Representing. RIGHT THUMBPRINT OF SIGNER Top of thumb here G 1997 National Notary Association • 9350 De Soto Ave. P.O. Box 2402 • Chatsworth CA 91313-2402 Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6627 EXHIBIT 'B' R EX. CURB Nco V W ____y CLEVELAND AVE EX. CURB L2 T.P.0.p9 /2 T.P.0.p4 L �( , SPAR B' L 3�PAR A' R/W VL211L1 61.60' -- 1—L 1 101.00' 0 0 --1 C27 0 1- 0 1\AAP PL 0 3 ilf n 8 N17 46'37"W LEGEND: EXIST. RIGHT OF WAY INDICATES WATER BACKFLOW ENCROACHMENT AREA P.O.B. = POINT OF BEGINNING T.P.O.B. = TRUE POINT OF BEGINNING PARTNERS Planning and Engineering 15938 Bernardo Center Dr. San Diego, C4. 92127 Ph. (858) 376-3444 Fax: (858) 376-3555 N rN co v THIS PLAT WAS PREPARED BY ME OR UN ER MY DIRECTION: /03/06 RUDY P. PACHECO, L.S. NO 5717 DA7F MY REGISTRA7I0W EXPIRES 09/30/07 co vJ v CC CV CITY OF NATIONAL CITY 12-12-06 SCALE: 1" = 40' A.P.N. 59-116-14, 27 & 28 ENCROACHMENT PERMIT AND AGREEMENT LOTS 13, 14, 15, 16, 17, 18 & 19, MAP 348 DRAWN BY: PARTNERS ENG'G. SHEET 1 132.1wtr—encroach.dwg 12 12-06 5:28:08 pm EST EXHIBIT LINE TABLE L/NE LENGTH BEARING L 1 8.00' N7273'23'E N1746'371W L2 5.00' 1.3 10.00' N7273'23'E BASIS OF BEARINGS. 1HE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERLY BOUNDARY LINE OF LOT 13 OF MAP 348, LE N1746'37'W LEGAL DESCRIPTION: LOTS 13, 14, 15, 16, 17 AND 18 OF MAP 348, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO STATE- OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 2, 1882. OWNER YOUNG FAMILY TRUST 2200 CLEVELAND AVE-- NATIONAL CITY, CA DEVELOPER TFW CONSTRUCTION, INC. 13475 DANIELSON COURT, STE 100 POWA Y, CA 92064 PARTNERS Planning and Engineering 15938 Bernardo Center Dr. San Diego, CA. 92127 Ph. (858) 376-3444 Fax: (858) 376-3555 CITY OF NATIONAL CITY DATE" 12-12-06 SCALE: 1" = 40' ENCROACHMENT PERMIT AND AGREEMENT LOTS 13, 14, 15, 16, 17, 18 & 19, MAP 348 DRAWN BY PARTNERS ENG'G. SHEET 2 559-116-14, 27 & 28 itr—encrooch.dwg 12-12-08 5:28:08 pm EST • ••v. LJO rOr- 6rrpr- cnba•umea VVVJ / VJVJJ r•� EXHIBIT 'A' LEGAL DESCRIPTION ENCROACHMENT PERMIT AND AGREEMENT BEING A PORTION OF THE PUBLIC RIGHT OF WAY ON CLEVELAND AVENUE IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL `A' BEGINNING AT THE EASTERLY CORNER OF LOT 13, BLOCK 279 OF MAP 348; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF CLEVELAND AVENUE I. NORTH 17°46'37" WEST 101.00 FEET; THENCE 2. NORTH 72°13'23" EAST 8.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE 3. NORTH 17°46'37" WEST 5.00 FEET; THENCE 4. NORTH 72°13'23" EAST 10.00 FEET; THENCE 5. SOUTH 1 7°46'37" EAST 5.00 FEET; THENCE 6. SOUTH 72°13'23" WEST I0.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 50 SQUARE FEET MORE OR LESS PARCEL `13- BEGINNING AT THE EASTERLY CORNER OF LOT 13, BLOCK 279 OF MAP 348; THENCE ALONG THE WESTERLY RIGHT OF WAY LINNE OF CLEVELAND AVENUE 1_ NORTH I7°46'37" WEST 162.60 FEET; THENCE 2. NORTH 72°13'23" EAST 8.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE 3. NORTH 17°46'37" WEST 5.00 FEET; THENCE 4. NORTH 72°1 3'23" EAST 10.00 FEET; THENCE 4 32.10 WTR-ENCROACH-LEG.doe Page 1 of 2 5. SOUTH 17°46'37" EAST 5.00 FEET; THENCE 6. SOUTH 72°13'23" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 50 SQUARE FEET MORE OR LESS /2 l3 OG RUDY P. PACHECO LS 5717 EXP. 09-30-07 1-Wc 2 of : 432_10\V FR-ENCROACH ITC) Ll ,c page 1 Project: 432 Tue Dec 12 17:01:34 2006 Lot Map Check Lot name: PARA North: 4894.6244 East: 4893.0428 Line Course: N 17-46-37 W Length: 5.00 North: 4899.3856 East: 4891.5163 Line Course: N 72-13-23 E Length: 10.00 North: 4902.4388 East: 4901.0388 Line Course: S 17-46-37 E Length: 5.00 North: 4897.6775 East: 4902.5653 Line Course: S 72-13-23 W Length: 10.00 North: 4894.6244 East: 4893.0428 Perimeter: 30.00 Area: 50.00 sq.ft. 0.001 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 30,000,000.00 Lot name: PARE North: 4953.2830 East: 4874.2356 Line Course: N 17-46-37 W Length: 5.00 North: 4958.0443 East: Line Course: N 72-13-23 E Length: 10.00 North: 4961.0974 East: Line Course: S 17-46-37 E Length: 5.00 North: 4956.3362 East: Line Course: S 72-13-23 W Length: 10.00 North: 4953.2830 East: 4872.7091 4882.2316 4883.7581 4874.2356 Perimeter: 30.00 Area: 50.00 sq.ft. 0.001 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 30,000,000.00 / 11i 3 /06 City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE May 15, 2007 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City of National City Accepting the Work and authorizing the filing of a Notice of Completion for the former National City Library Remodel for the PMA/ILWU project. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4383 EXPLANATION The contract with Steven's Construction is complete. Final inspection of the PMA/ILWU Library remodel project occurred on April 11, 2007. All necessary "close-out' documentation has been received. Based upon the above it is recommended that the Notice of Completion be filed with the County Recorder. The Notice of Completion being filed with the County Recorder starts the clock on the final 30 days in which subcontractors and material suppliers can file a claim for non-payment on the project. At the completion of the 30-day period there will be no legal claim possible on the project and therefore the full retention will be released to the contractor. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMEDATION N/A ATTACHMENTS (Listed Below) 1 1. Resolution 2. Notice of Completion Resolution No. A-2U0 (Rev /IU ma RESOLUTION NO. 2007 - 96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE FORMER NATIONAL CITY LIBRARY REMODEL FOR THE PMA/ILWU PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Steven's Construction Company for the former National City Library Remodel for the PMA/ILWU Project has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 15, 2007 of the National City Library Remodel for the PMAJILWU Work of improvement or portion of work of improvement under construction or alteration. on the premises located at 200 E. 12th Street, National City, Ca 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Stevens Construction, Co. Name of Original Contractor The following work and material were supplied: Interior remodel including HVAC, plumbing drywall, painting, flooring, windows and doors. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: , 2007; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2007, at , California. Signature: RON MORRISON, MAYOR Noc 00d City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 7 ITEM TITLE Resolution approving a Conditional Use Permit for a Proposed 5-Unit Apartment Complex at the Southwest Corner of Highland Avenue and Division Street with Exceptions for less than Required Side and Rear Yard Setbacks (Applicant: Ricardo Perez) (Case File CUP-2006-12) PREPARED BY Martin'Keeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the May 1, 2007 public hearing subject to the addition of a condition (number 29) requiring a physical barrier to ensure right turn access only onto Highland Avenue. The attached resolution is needed to follow through on the action. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION gqp Adopt the attached Resolution. �� BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution A-200 (9/99) Resolution No. RESOLUTION NO. 2007 — 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A PROPOSED 5-UNIT APARTMENT COMPLEX AT THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND DIVISION STREET WITH EXCEPTIONS FOR LESS THAN REQUIRED SIDE AND REAR YARD SETBACKS APPLICANT: RICARDO PEREZ; CASE FILE NO. CUP-2006-12 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a Proposed 5-Unit Apartment Complex at the Southwest Corner of Highland Avenue and Division Street with Exceptions for less than Required Side and Rear Yard Setbacks at the regularly scheduled City Council meeting of May 1, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2006-12, which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on May 1, 2007, support the following findings: FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the proposed project density of 21.7 units per acre is consistent with the maximum residential density allowed by the General Plan for the General Commercial (CG) zone of 34.8 units per acre. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Highland Avenue, an arterial street, can easily accommodate the 60 average daily trips potentially generated by the project. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it will result in the development of an underutilized property and will increase the number of rental opportunities in the City. FINDING FOR APPROVAL OF THE REQUESTED EXCEPTION FOR LESS THAN REQUIRED SIDE AND REAR SETBACKS 1. Granting of the exceptions for a reduction in setbacks is consistent with the General Plan and any applicable specific plans, since the General Plan encourages the creation of new rental housing opportunities. The requested exceptions facilitate development of five new relatively large units of rental stock in the City, as well as the development and improvement of a currently vacant site. Resolution No. 2007 — 97 May 15.2007 Page 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a five -unit apartment complex on a 0.23-acre lot. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, 3rd Revision, Case File No. CUP-2006-12, dated January 24, 2007. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior to issuance of grading plans. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All trash and recycle containers shall be stored in the garage and shall be accessible on - site by EDCO at collection times. Containers shall not be placed on Highland Avenue. 4. The applicant shall work with MTS to determine the relocation of the bus shelter prior to grading permit. The applicant shall provide a detail of the bus stop, reflected on the grading plan and/or landscape plan, to include a shelter, bench, and trash can consistent with MTS standards. Should the relocation of the bus stop not coincide with the issuance of the grading plan, the applicant shall bond for those improvements. The bus stop improvements shall be completed prior to certificate of occupancy, to the satisfaction of the City and MTS. 5. At the time of Building Permit, an exterior lighting plan shall be provided in conformance with National City Land Use Code Section 18.60.010. The lighting plan shall include security lighting for the area directly behind the southwest corner of the property (alley). 6. At time of Building Permit, wall details for the proposed 6-foot block wall shall be provided showing the use of decorative block or finish (e.g., split -face, variegated, etc.) 7. If gated, a rapid entry system for Emergency Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. 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. 9. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit; the SUSMP shall be prepared by a Registered Civil Engineer. Resolution No. 2007 — 97 May 15. 2007 Page 3 10. 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. 11. All surface run-off shall be collected by approved drainage facilitiesand directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 13. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided an the curb to mark the location of the lateral. 14. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sectione shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 15. The deteriorated portions of the existing street improvements (sidewalk 30') along the property frontages shall be removed and replaced. 16. 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. Resolution No. 2007 — 97 May 15.2007 Page 4 17. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 18. Television cable companies shall be notified a minimum of 48 .hours prior to filling of cable trenches. 19. Exterior walls of buildings/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 20. Project is 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. 21. A fully automatic fire sprinkler system will be required. 22. A fire alarm system will be required. 23. Fire access must be provided. Minimum requirements for access roadway are 20-feet wide with a vertical clearance of 13-feet 6-inches. Roadway must have through access or be provided with an approved turnaround when road length is 150-feet or greater. 24. Final approval of the development project should include provisions for the project to comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 25. The owner shall coordinate with Sweetwater Authority (submit a site plan showing actual facilities, street improvement plan, irrigation plan, fire flow requirements and fire service plans, and a plumbing plan with a fixture -unit count) before an estimate for water facilities can be prepared. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 26. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 27. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of Resolution No. 2007 — 97 May 15. 2007 Page 5 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. 28. 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. 29. Driveway access to Highland Avenue shall be limited to right turns only; a physical barrier shall be constructed to the approval of the City Engineer to ensure this requirement. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 8 ITEM TITLE Resolution Approving a Tentative Subdivision Map to Divide A 1.41-Acre Lot Into Ten at the Site of Ten Existing Duplexes at 1205-1243 Fig Court and Denying the Request to Waive the Utility Undergrounding Requirement (Applicant: RobertGulotta) (Case File No. S-2006-12) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the May 1, 2007 public hearing. A modification to the utility undergrounding condition (number 21) was made to allow for the poles, which also service single-family properties across Fig Court from the proposed subdivision, to remain in place, while the remaining poles would be removed. However, the utility lines from the remaining poles servicing the proposed subdivision are still required to be placed underground. 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.' BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2007 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 1.41-ACRE LOT INTO TEN AT THE SITE OF TEN EXISTING DUPLEXES AT 1205-1243 FIG COURT, AND PARTIALLY GRANTING THE REQUEST TO WAIVE THE UTILITY UNDERGROUNDING REQUIREMENT APPLICANT: ROBERT GULOTTA CASE FILE NO. S-2006-12 WHEREAS, application was made for approval of a Tentative Subdivision Map to Divide a 1.41-Acre Lot into Ten at the Site of Ten Existing Duplexes at 1205-1243 Fig Court, and to Waive the Utility Undergrounding Requirement on property generally described as: Lot 34 of Scott Terrace, in the City of National City, County of San Diego, State of California, according to Map thereof No. 3153, filed in the Office of the County Recorder of San Diego County, November 4, 1954. WHEREAS, the Planning Commission considered said application at a duly advertised public hearing held on April 2, 2007, at which time the Planning Commission considered oral and documentary evidence, and recommended approval of the project, and denial of the request to waive the utility undergrounding requirement; and WHEREAS, the City Council considered said applications at a public hearing held on May 1, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-12, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Tentative Subdivision Map to Divide A 1.41-Acre Lot Into Ten at the Site of Ten Existing Duplexes at 1205-1243 Fig Court, and grants in part the Request to Waive the Utility Undergrounding Requirement, based on the following findings: TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will result in increased property valuation while increasing the likelihood of adequate property conservation, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since no development is proposed; only a change of ownership of existing development will take place. Resolution No. 2007 — 98 May 15, 2007 Page 2 3. The site is physically suitable for the proposed density of development, since no development is proposed; only a change of ownership of existing development will take place. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since no development is proposed; only a change of ownership of existing development will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. PARTIAL WAIVER OF UTILITY UNDERGROUNDING REQUIREMENT 1. To require undergrounding of the poles servicing properties outside of the subdivision would be economically detrimental to the owners, and would pose an economic hardship on potential new owners. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one parcel into ten individual lots, each containing an existing duplex. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, 2nd Revision, Case File No. S-2006-12, dated December 6, 2006. 2. A Landscape and automatic Irrigation Plan shall be submitted for the entire property. The plan shall indicate plant species and sizes to replace or fill in areas where there is dead anddecaying plant material or missing landscaping (i.e., the rear slope, areas adjacent to the sides of each building, existing paved areas not part of the required two parking spaces per unit and front yard landscaped areas including the embankment in front of 1205-1207 Fig Court). The plan shall also show the relocation of the fencing to include the entire rear property area not currently fenced. The Irrigation Plan shall indicate an automatic irrigation system for each unit, location of irrigation heads and lines, and identify additional irrigation provided in areas that are not watered or where sprinkler heads are damaged. 3. All trash receptacles shall be stored behind the fence and away from public view. Resolution No. 2007 — 98 May 15, 2007 Page 3 4. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. The Lien Contract and Agreement shall limit the ability to convey each lot until the interior and exterior improvements have been completed for that lot. 5. All recommended immediate, short-term and intermediate repairs as stated in Physical Elements Report pages 5 and 6 shall be completed in addition to all interior and exterior repairs and/or improvements, as mentioned in. the letter from Lloyd Holt, RCE dated December 4, 2006, prior to release of each unit, except that all units shall receive improvements as stated rather than as needed. Construction plans submitted for approval shall reflect the addition of a washer/dryer unit as shown in the application. All improvements shall be subject to building department perinnits, as applicable. 6. Prior to Final Map approval or the conveyance of each unit, the applicant shall submit a completed Termite Inspection Report that indicates the remediation for each unit is complete. 7. Prior to Final Map approval, the applicant shall submit a phasing plan showing the phasing of improvements that affect all of the units and how the improvements will be completed for each unit. The approved phasing plan shall be submitted with the building permits. 8. The developer shall provide a declaration of Covenants, Conditions and Restrictions, running with the land, ensuring the maintenance and upkeep of landscape and irrigation, and continued property management, prior to approval of the final map. The CC&Rs shall include a clause prohibiting the storage of abandoned or inoperable vehicles upon the properties. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. 9. The project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 11. The Homeowners Association and/or property owner shall be required to maintain repair, or reconstruct of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The Homeowners Association and/or the property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. Resolution No. 2007 — 98 May 15, 2007 Page 4 12. The priority Project Applicability checklist for the Standard Urban Stormwater Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 13. The deteriorated portions of the existing street improvements (75' of sidewalk and 100' driveway) property frontages shall be removed and replaced. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 17. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes, including certification, acknowledgement, complete boundary information and monumentation. 18. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 19. Separate water and sewer laterals shall be provided to each lot/parcel. 20. The developer shall bond for the monumentation, the pubic improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground, with the exception of the poles to remain that service properties outside of the subdivision; the utility service from said poles to properties within the subdivision is to be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. Resolution No. 2007 — 98 May 15, 2007 Page 5 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 25. The Police Department recommends that final approval of the development project should include provisions for the project to comply with crime free multi -housing criteria and crime prevention through environmental design standards. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. 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. 28. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 29. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney, and signed by the Planning Director prior to recordation. 30. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m., unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2007 — 98 May 15, 2007 Page 6 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 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO AGREEMENTS WITH TOM MOYNAHAN TOWING COMPANY AND WITH JC TOWING FOR TOWING AND IMPOUND SERVICES FOR THE CITY PREPARED BY Dan Fabinski DEPARTMENT Police Department (Ext. 4221) EXPLANATION The towing companies signed a contract with the City for rotating tow services for the City. The prior contract allowed for a rotation schedule between the two companies to occur every two weeks. The current contract calls for rotation every week. The tow companies desire to rotate every two weeks, as in the prior contract provisions. The City has no objections to this amendment to the towing schedule. Environmental Review V N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. LProposed Resolution Arrendnents to Agreements A-200 (9/99) RESOLUTION NO. 2007 - 99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO THE AGREEMENTS FOR TOWING SERVICES WITH JC TOWING COMPANY AND WITH MOYNAHAN TOWING WHEREAS, on March 21, 2006, the City entered into an Agreement for Towing Services with JC Towing, and on the same date, entered into an Agreement for Towing Services with Moynahan Towing; and WHEREAS, the City, JC Towing, and Moynahan Towing desire to amend Section 5.1 of each Agreement for Towing Services, in order to establish a rotation schedule between the two companies to occur every two weeks, instead of every week. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendments to the respective Agreements for Towing Services between the City, JC Towing, and Moynahan Towing, in order to establish a rotation schedule between the two companies to occur every two weeks, instead of every week. Said Amendments to Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING FOR TOWING SERVICES This Amendment to Agreement is made and entered into this 15th day of May, 2007, by and between the City of National City, hereinafter referred to as "CITY" and MOYNAHAN TOWING, a California corporation, hereinafter referred to as "CONTRACTOR." RECITALS WHEREAS, CITY and CONTRACTOR entered into an agreement on March 21, 2006, entitled "Agreement for Towing Services," wherein CONTRACTOR agreed to provide non-exclusive towing services for CITY, effective April 1, 2006 to March 31, 2009. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and CONTRACTOR hereby agree to amend Section 5.1, by deleting the following language: "The contractor on -call rotation shall run weekly, beginning at 0000 hours 'on Sunday, through the following Saturday", and inserting the following language: "The CONTRACTOR on -call rotation shall run from 000.0 hours the first day of each month through 2359 hours on the fifteenth of each month for the first contractor, beginning May 1, 2007. The second contractor will then conduct city tows from 0000 hours the sixteenth day of each month thereafter until 2359 hours on the last day of the month. The tow contractors will alternate this schedule for the duration of the Agreement." Except as otherwise provided herein, all of the provisions of the Agreement for Towing Services between the City of National City and Moynahan Towing dated March 21, 2006, shall remain in full force and effect. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney MOYNAHAN TOWING (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: (Name) (Title) By: (Name) (Title) AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING FOR TOWING SERVICES This Amendment to Agreement is made and entered into this 15th day of May, 2007, by and between the City of National City, hereinafter referred to as "CITY" and MOYNAHAN TOWING, a California corporation, hereinafter referred to as "CONTRACTOR." RECITALS WHEREAS, CITY and CONTRACTOR entered into an agreement on March 21, 2006, entitled "Agreement for Towing Services," wherein CONTRACTOR agreed to provide non-exclusive towing services for CITY, effective April 1, 2006 to March 31, 2009. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and CONTRACTOR hereby agree to amend Section 5.1, by deleting the following language: "The contractor on -call rotation shall run weekly, beginning at 0000 hours on Sunday, through the following Saturday", and inserting the following language: "The CONTRACTOR on -call rotation shall run from 0000 hours the first day of each month through 2359 hours on the fifteenth of each month far the first contractor, beginning May 1, 2007. The second contractor will then conduct city tows from 0000 hours the sixteenth day of each month thereafter until 2359 hours on the last day of the month. The tow contractors will alternate this schedule for the duration of the Agreement." • Except as otherwise provided herein, all of the provisions of the Agreement for Towing Services between the City of National City and Moynahan Towing dated March 21, 2006, shall remain in full force and effect. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney MOYNAHAN TOWING (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: (Title) (Name) (Title) City of National City, California COUNCIL AGENDA STATEMENT 10 ,a1EETING DATE May 15,2007 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City Council authorizing the Mayor to execute an agreement with PBS&J in the amount of $43,915 to provide sewer bill/tax roll administration and financial services for Fiscal Year 2007-08 (Sewer Service Fee funded). PREPARED BY Joe Smith, Acting Director DEPARTMENT Public Works (Ext. 4587) EXPLANATION See Attached. Environmental Review _L N/A Financial Statement See Attached. Approved By: 4,,, OYi Finance`Director Account No. /2- - 42Z STAFF RECOMMENDATION • Adopt the Resolution authorizinje M r to enter into the agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement 3. PBS&J Company Overview Resolution No. 9., May 15, 2006 Item Title A Resolution of the City Of National City authorizing the Mayor to enter into an agreement with PBS&J to provide Sewer Bill/Tax Roll Administration and financial services for Fiscal year 2007-2008. (Sewer service fee funded). Explanation On June 17, 2003 the City Council, by resolution number 2003-88 approved an agreement with PBS&J to create a database that was used to transfer the collection of sewer service fees to the County of San Diego Tax Rolls. On March 21, 2006 City Council by Resolution Number 2006-49 extended said agreement providing the same service for Fiscal year 2006-2007. This resolution and agreement will provide similar services for Fiscal year 2007-2008. The cost to provide these services shall not exceed the contract amount, of $43,915 without prior written approval from the City. This agreement will provide continued assistance with annual administration of our sewer service billing. This will include the updating of any changes that may have occurred to the customer database. These changes will be matched with the Sweetwater Authority's water accounts as well as the County Assessor's information and the associated charges from these changes will be applied. PBS&J will then prepare a list of these changes for Council approval subsequent to a public hearing. Once approved, a sewer billing data tape will be provided to the County Assessor's office. This agreement will also include database review, tracking reports and other services required to match Sweetwater Authority's meter data, County Assessor information and/or National City's records throughout FY 2007-08. Financial Statement The Contract is for $43,915 for Sewer Tax Roll Administration. The details of the scope of services are outlined in Attachment "A". The fees and conditions are outlined in Attachment "B". Sufficient funds to cover this fee are available in the Wastewater Division's sewer service fee fund, account number 125-422-222-299 Staff recommendation Adopt the resolution authorizing the Mayor to enter into the agreement: RESOLUTION NO. 2007 — 100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J IN THE AMOUNT OF $43,915 TO PROVIDE SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2007-2008 WHEREAS, the City desires to employ a contractor to provide sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2007-2008; and WHEREAS, the City has determined that PBS&J is a professional consulting firm and is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with PBS&J to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2007-2008. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 15th day of May, 2007, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing / Tax Roll perporation and administration services for Fiscal Year 2007-2008 WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Attachment "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT 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. Revised August 2003 3. PROJECT COORDINATION AND SUPERVISION. Joe Smith hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT 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 Attachment "A" shall not exceed the schedule given in Attachment "B" $43,91.5 as the Base amount without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachment "A" as determined by the CITY. The CONSULTANT 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 CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific period of one year from date of signature of agreement with the City having an option to extend, for anaddition one year at the same rate of compensation stated in section 4. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the 2 Revised August 2003 CONSULTANT 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 CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. performance of this INDE EN_____________INDEPENDENT EN will beONt CONTRACTOR. Both parties hereton in thes agents, employees,Ong in an independent capacity and not as partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT,s employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing is prevent the CONSULTANT from employingorhiring herein asc manyd employees oor subcontractors, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its sub CONSULTANT (s) shall require the sub CONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its sub CONSULTANTS, 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 2003 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense,e keep in effect at all times during the term of this Agreement, any license, permit, r approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, 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 CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'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 CONSULTANT warrants to the CITY 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 CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the s CITY otherwise, the CONSULTANT warrants that all products, materials, p oc s or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT 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 CONSULTANT 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 CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised August 2003 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless 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 CONSULTANT'S negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT 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 Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from andagainst all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 16. CE. The shall purchase and maintain, ANa d shall require CONSULTANT, subcontractors, lewhen applicablecost andexpensto 5 Revised August 2003 purchase and maintain throughout the term of this agreement, the following insurance policies: x[1 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 CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT 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 - 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 CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. ment. 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 2003 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 CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, 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 CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 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 2003 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 ovemight 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 CITY: Joe Smith Acting Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950-6530 To the CONTRACTOR: PBS&J 9275 Sky park court suite 200 San Diego, CA 92123 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 CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised August 2003 ❑ If checked, the CONSULTANT shall comply with all -of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 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. Attachments and Schedules. The Attachments 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. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the 9 Revised August 2003 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. CITY OF NATIONAL CITY PBS&J (Two signatures required for a corporation) By: By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney (Title) i%C) d t U? By: (Nme) 1c ' "e act' t w it✓r (Title) 10 Revised August 2003 P85] An employee -owned company April 17, 2007 Mr. Joe H. A. Smith Acting Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY FOR TAX ROLL ADMINISTRATION FISCAL YEAR ENDING 2008 Dear Mr. Smith: In response to your request, PBS&J is pleased to submit this proposal to the City of National City (City) for financial services for the Tax Roll Administration for Annual Sewer Service Charges for Fiscal Year Ending 2008. It is our understanding that the City desires continued assistance with the annual administration of their sewer service charges billed on the property tax bills. As part of this administration, there is ongoing customer service required for commercial property owners who request detailed breakdowns of sewer charges as they relate to multiple water meters that fall within their properties. The number of calls remains steady throughout the year, Which begins in September when the property bills are first sent out by the County to the property owners, then continue throughout the year as property owners review their charges. The City's Public Works staff initially handles phone calls and if additional research or explanation is required, the calls are forwarded to our team to follow up on. Based on last year's calls and the number of calls already received since September, we anticipate approximately 30 phone calls, which typically require research and preparation of a letter or fax. The tax roll administration for each fiscal year begins in January with coordination with Sweet -water Authority to update the annual water consumption data. In June, current parcel information from the County and business license data and building permits data from the City are used to update the sewer customer database. The charges are prepared for adoption by the City Council in late July of each year and are then placed on the tax roll. In addition to the tax roll administration, properties, such as schools and state and federal governments that do not pay property taxes, require a direct bill to be mailed out for the collection of sewer charges. We prepare these letters annually. Our proposed Scope of Services is outlined in Attachment "A" and Fecs and Conditions are outlined in Attachment "B." 9275 Sky Park Court, Suite 200 • San Diego, Califomia 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj,com Mr. Joe H. A. Smith Tax Roll Administration April 17, 2007 Page 2of2 We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our Project Manager, Karyn Keese at (858) 514-1008 or me at (760) 753-1120. Respectfully submitted, PBS&J Ernesto Aguilar Associate Vice President, PBS&J c: Sara Maples, PBS&J Karyn Keese, PBS&J File HAdmin\Contracts\All Proposal Letters\KK - NC Tx Roll Admin 04 17 07.doc ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2008 TAX ROLL ADMINISTRATION April 17, 2007 In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City (Client). I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Tax Roll Preparation Based on current County Assessor's information, business license applications and building permits, the sewer customer database will be updated and matched with the Sweetwater Authority's water accounts and annual usage. It should be noted that business license and building permit data that is incomplete and do not match up with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will be returned to the City for further research. Using updated information, sewer charges will be calculated based on approved sewer user rates for each fiscal year. The list of sewer charges will be prepared for approval by the City Council and then submitted to the County of San Diego for processing on the property tax rolls. Direct bills will be sent to government agencies, such as the school district, since they cannot be billed with the property tax bills. It is assumed that 30 (thirty) direct billing statements will be mailed. B. Respond to Customer Inquiries This task provides for responses to customer phone calls and inquiries regarding the annual service charges. This proposal assumes that 30 phone calls will be received and that all of these customers will request detailed breakdowns, in the form of written correspondence, regarding their sewer bills and usage (because there are multiple meters on one property, etc.). If additional calls are received, they will be addressed as additional services. Attachment A Tax Roll Administration Page 2of3 II. ADDITIONAL SERVICES If requested by the Client, PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Additional customer inquiries beyond those addressed in Section I. B. Meetings and any additional project related services not specifically included in Section I, Scope of Services. C. Field visits or additional research of parcels that do not match up with Sweetwater's water meter data, business licenses or building permit information. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customer water use data will be provided electronically, in a format that can be converted to Microsoft Excel. Under this agreement for services, PBS&J shall be entitled to rely upon the accuracy and completeness of the information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, PBS&J will not, and have no obligation to perform any manner of check, review or verify the accuracy or completeness of the data provided. _ B. Assign one person to serve as the Client's Project Manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. In addition, this person will serve as the initial contact for customer inquiries regarding sewer charges. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. D. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2008 TAX ROLL ADMINISTRATION April 17, 2007 FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $43,915 for 2008. Should the City wish to enter into a multi -year contract to provide tax roll administration, each subsequent year would be adjusted by 5% to account for inflation. A breakout of these fees by task is included in the table below. Task FYE 2008 Task A — Tax Roll Preparation $30,050 Task B — Customer Service $13,200 Direct Expenses $665 Totals $43,915 The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. a.. Project Name: Tax Roll Adminstration Client/Owner: Project Manager: Prepared By: Proj/Prop No.: Date: City of National City Karyn Keese Karyn Keese 621943.17 April 17, 2007 ENGINEERING SERVICES Engineering Aide - EA Engineer I - El Engineer II - Ell Engineer III - Ell! Senior Engineer I - SEI Senior Engineer I1 - SEI) Senior Engineer III - SEIII Supervising Engineer 1 - SPEI Supervising Engineer 11- SPEII Principal Engineer 1- PRI Principal Engineer II - PRII Principal Engineer III - PRIII Principal Engineer IV - PRIV ADMINISTRATIVE SERVICES Admin Assistant I/Clerk - Al Admin Assistant 11 (N6) - All Admin Assistant III (N7) - Alil Sr. Admin Assistant I (N8) - SAI Sr. Admin Assistant 11 (N9) - SAII Sr. Admin Assistant Ill - SAIII Senior Administrator - SA OTHER PROFESSIONAL SERVICES Professional I/GIS Analyst - PI Professional II/GIS Analyst II - PII Sr. Prof. I/Sr. GIS Analyst I - SPI Sr. Prof II/Sr. GIS Analyst II - SPII Sr. Prof III/Sr. GIS Analyst III - SPIII Supervising Professional - SP Principal Professional - PP JPA/PBSJ PA400-3/01 $67 $103 $114 $118 $123 $133 $139 $155 $165 $179 $189 $209 $219 $57 $65 $70 $80 $85 $95 $120 LABOR ESTIMATE FEE SUMMARY ITEM Labor Outside Services Direct Costs TOTAL TOTAL $43,250 $0 $665 $43,915 BILLING RATES ENVIRONMENTAL SCIENCE Research Assistant - RA Assistant Scientist - AS Scientist I - SI Scientist 11- SII Scientist 11I - SIII Senior Scientist 1- SSI Senior Scientist II - SSII Senior Scientist III - SSIII Senior Scientist IV - SSIV CONSTRUCTION RELATED SERVICES Contract Administrator - CA Sr. Contract Administrator - CAS Construction Mgmt Rep. I* - CMI Construction Mgmt Rep. II* - CMII Senior Field Representative* - SFR Prevailing Wage Field Rep. - PWFR Resident Engineer - SPEC Construction Manager - CM Senior Construction Manager - SCM (* non -prevailing wage) DESIGN & GRAPHIC SERVICES CADD Technician I (N7) - CTI $88 CADD Technician II (N8) - CTII $101 CADD Technician III (N9) - CTIII $122 Graphics Designer I (N10) - GDI $135 Graphics Designer II•(N11) - GDII $145 Designer I - DI $170 Designer II - DII $185 Senior Designer I - SDI Senior Designer II - SDII Senior Designer III - SDIII $57 $82 $98 $115 $125 $135 $170 $179 $189 $82 $104 $84 $92 $108 $114 $129 $124 $139 $67 $80 $92 $93 $97 $97 $108 $118 $128 $133 CA Offices: Encinitas, Kearny Mesa/San Diego, Orange, Los Angeles, Pasadena, Riverside, Sacramento, San Francisco FILE: 2007 PBSJ fee est - west l (2).xls PBS&J • i - IPTION Pt TaskTask/Sub 01 1000 Tax roll preparation Update database Match customer accounts Calculate current sewer charges Prepare tax rolls Kickback/verification research Coordination w/City staff Navy handbill coordination QA/QC Project Management Subtotal 2000 PP kk 8 4 8 Respond to customer inquiries Phone calls/written response & handbills Billing corrections Coordination w/City staff 8 QA/QC 8 Project management 8 Subtotal TOTAL - THIS PAGE TOTAL - ALL PAGES JPA PA400-2/99 44 44 sp bs 8 2 4 8 16 4 8 8 58 58 aifi al 16 30 10 56 56 LABO' •s spff • rs 24 40 20 16 16 ' 8 10 16 8 158 158 0 0 0 0 0 '•I"t. 0 0 0 0 0 0 4 0 0 0 0 • • HOURS 0 24 48 20 18 20 24 4 540 212 0 46 18 16 16 8 104 le 1 of 1 FEE $0 $3,240 $6,760 $2,700 $2,500 $2, 840 $3,920 $740 $6,670 $680 $30,050 $0 $4,260 $1,780 $2, 840 $2,840 $1,480 $13,200 PAGE TOTALS 316 316 $43,250 $43,250 2007 PBSJ fee est - westl (2).xls - 4/17/2007 PBS; An employee -owned company May 2, 2007 Mr. Joe H. A, Smith Acting Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 PBS&J Company Overview PBS&J is a multi -service consulting engineering firm organized into technical divisions that integrate comprehensive environmental, civil, and transportation engineering; environmental sciences; architecture; construction management; and information technologies. PBS&J is one of only a few large, employee -owned engineering firms, that is consistently ranked among the top ten percent of design firms in the nation. Established 45 years ago, PBS&J has nearly 3,900 employees in 75 offices throughout the United States and abroad. We are currently ranked 21st by Engineering News Record, 3rd in pure design. Our Southern California staff includes more than 200 full-time employees in our San Diego, Encinitas, Orange, Riverside, and Los Angeles offices. Our local staff members are skilled in a wide range of disciplines, including specialties that include water and wastewater engineering, civil and structural engineering, transportation, planning, surveying, and financial management services for various public works projects for city, county, state, and federal agencies. At PBS&J our vision is to be recognized as the consultant of choice through sincere commitment to client service. We consistently offer services that are backed by the resources of a large national organization combined with the dedication to personal service often found from a small local firm. PBS&J 175 Calle Magdalena Encinitas CA 92024 Ph: 760.753.1120 Fax: 760.753.0730 9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858-874-1810 • Fax: 878-514-1008 • www.pbsj.com City of National City, California" COUNCIL AGENDA STATEMENT •MEETING DATE May 15, 2007 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY PREPARED BY Tess E. Limfueco Finance Director EXPLANATION DEPARTMENT Finance x 4331 In conjunction with the appointments of the new Finance Director and Assistant City Manager, these individuals must be designated as being authorized to order the deposit and withdrawal of monies with financial institutions on behalf of the City. The proposed resolution would designate George Hood, City Treasurer, Chris Zapata, City Manager, Leslie A. Deese, Assistant City Manager, and Tess E. Limfueco, Finance Director as the City's representatives authorized to perform these functions. Environmental Review X N/A Financial Statement Not applicable Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2007 — 101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that the following City representatives shall be authorized to order the deposit and withdrawal of monies with financial institutions on behalf of the City of National City: George Hood, City Treasurer Chris Zapata, City Manager Leslie A. Deese, Assistant City Manager Tess E. Limfueco, Finance Director PASSED and ADOPTED this 15th day of May, 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 MEETING DATE May 15, 2007 AGENDA ITEM NO. 12 ITEM TITLE Resolution Adding a Residence at 2824 L Avenue to the City's Historic Sites List (2007- (--- 25 HL) PREPARED BY EXPLANATION Peggy Chapin, 336-431 DEPARTMENT Planning The Land Use Code, Chapter 18.139, Historic Properties, encourages the preservation of properties of historical significance and provides for the maintenance of a Historic Sites List. The City Council is tasked with periodically updating the list. To date, thirty properties are contained on the Historic Sites List. A property owner may request the Council add a property to the list. The property owner of 2824 L Avenue is requesting the Council add her property to the list and has provided documentation that substantiates the significance of the residence. The attached Background Report provides a description of the proposal in detail. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the request to place the p perty on the City's Historic Sites List. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Background Report 3. Comelia McKnight House report A-200 (9/99) RESOLUTION NO. 2007 — 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING A RESIDENCE AT 2824 L AVENUE TO THE CITY'S HISTORIC SITES LIST APPLICANT: SHERRI STELIGA CASE FILE NO. 2007-25 HL, APN 563-162-12 WHEREAS, application was made to place a historic property located at 2824 L Avenue on the Historic Sites List on property generally described as: All that portion of Lots 11 and 12 in Block Four of Olivewood Terraces, as shown and delineated on the map thereof filed in the County of San Diego Recorder's offices on the 8th day of March, 1913, and number 1542 of maps filed in said office. WHEREAS, the City Council considered said application at a hearing held on May 15, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said hearing the City Council considered the staff report prepared for Case File No. 2007-25 HL, which is maintained by the City, and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves the request to place a historic property on the Historic Sites List based on the following findings: 1. The proposed property is a part of one of the original subdivisions of National City, and as such contributes to the local history of National City; and 2. The proposed historic resource is associated with the life of Cornelia McKnight who significantly contributed to the development of National City through her efforts to establish the San Diego Fine Arts Society and her long-term commitment to the education of National City residents; and 3. The architecture of the structure is important to the community as it embodies the distinctive. characteristics a Craftsman style architecture, which is representative of the arts and crafts movement of the San Diego region; and 4. The history of the property owners is important to the development of National City. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said request to place a historic property located at 2824 L Avenue on the Historic Sites List (2007-25 HL) is hereby approved subject to the provisions of Chapter 18.139 of the Historic Properties Ordinance. Resolution No. 2007 —102 May 15, 2007 Page 2 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 15th day of May, 2007. Ron. Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Background Report Constructed in 1913, the 2,100 square foot residence is located on a 12,000 square -foot parcel on the west side of L Avenue, between 28th Street and 30s' Street. The property was part of the historic Olivewood Terrace subdivision of May 1912. The two-story Craftsman style home exhibits a moderately pitched gable roof, front porch and bay windows. The structure's main residence includes a foyer, living room, formal dining room, kitchen, den, bath, and an enclosed back porch/laundry room. The second floor includes four bedrooms, open air sleeping porch and bath. The Land Use Code does not provide criteria for the placing a property on the list, however typically a potential historic property should meet the criteria set out by the Office of Historic Preservation. Per the Office of Historic Preservation, a historic resource should be over 50 years old and meet, at a minimum, one of the following criteria: A. It is associated with events that have made a significant contribution to local or regional history; B. It is associated with the lives of persons important to local, California or national history; C. It embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values; D. It has yield, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. The proposed historic resource meets criteria A, B, C and D above. The property meets criteria A as is it part of the early development of the historic Olivewood Terrace neighborhood, one of National City's first affluent suburban style subdivision, which was named after Warren Kimball's nearby Olivewood estate. It meets the criteria B as it is associated with Cornelia McKnight, a prominent local educator and founding member of the San Diego Fine Arts Society who occupied the residence for 49 years. Ms. McKnight taught English and Latin for 33 years at Sweetwater Union High School. The structure meets criteria C as an example of a well-preserved craftsman style architecture constructed when the arts and crafts style movement was just taking hold in National City. Finally, Ms. McKnight is significant in the history of the local area, criteria D, as her father, John McKnight, was co-founder of the local California Clay Products Company, the first porcelain factory west of Ohio and a contributor to the Spanish revival style of ceramics in San Diego. Based on the information prepared regarding the significance of the property and it's overall contribution to National City, staff reconunends that the Council approve the request to place the property on the Historic Sites List. CORNELIA McKNIGHT HOUSE Circa 1913 2824 "L" Avenue (Olivewood Terrace) National City, CA 91950 Prepared for Sherri Steliga by Pamela Bensoussan, ASA 616 Second Avenue Chula Vista, CA 91910 619 420-7782 October 05, 2006 t-: z of California The Resources Agency 73riciry # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page I of 2 *Resource Name or #: Cornelia McKnight House P1. Other Identifier: *P2. Location: 0 Not for Publication X Unrestricted *a. County San Diego and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Olivewood Terrace Date_ _Y. of _'/. of Sec_; _ B.M. c. Address 2824 "L" Avenue City National City Zip 91950 d. UTM: (Give more than one for large and/or linear resources) Zone_; _ mE/ _ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) TB Map Coordinates: 1310 A-3 APN# 563-162-12-00 Lot 12 in Block 4 of Olivewood Terrace, in the City of National City, County of San Diego, according to Map No. 1542, filed in the Office of County Recorder of San Diego County. March 8. 1913. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The 2100 square foot residence sits on a 12,000 square foot parcel with garage and large yard. It is located on "L" Avenue in the historic Olivewood Terrace neighborhood in close proximity to several of National City's first Victorian mansions. The structure's main floor consists of a foyer, living room, formal dining room, kitchen, den, bath, and enclosed back porch/laundry room. The second floor includes four bedrooms, open air sleeping porch and bath. The two-story Craftsman style home, constructed circa 1913, exhibits a moderately pitched wide front gable roof, with generous overhang, upheld by shaped knee braces and plain rafters. A second matching gable roof extending the full width of the house covers an ample front porch and is supported by timber posts atop large brick piers. A brick chimney is affixed to the south side of the house behind which protrude bay windows. The structure features clapboard siding complemented by rows of wooden shingles under the central pitch of each gable roof. Two. large symmetrical pairs of double hung windows figure prominently on the second story above the front porch. (continued on page 2) *P3b. Resource Attributes: HP2 single family property *P4. Resources Present: ®Building OStructure ❑Object ❑Site ❑District ®Element of District OOther (Isolates, etc.) P5b. Description of Photo: (View, date, accession #) Photo taken from "L" Ave looking west on Sept 13, 2006 P5a. Photo or Drawing (Photo required for buildings, structures, and objects.) None *Attachments: NONE [Location Map ❑Sketch Map [Continuation ❑Archaeological Record ❑District Record ❑Linear Feature Record rlA rfirart Rnrnrri rlPhntnnranh Rwvu,i 11 rlthnr it ,t1 Phntnc anti Annenriir *P6. Date Constructed/Age and Sources: ®Historic OPrehistoric ❑Both Circa 1913 per information compiled from Assessor records, San Diego City and County Directories, and utility records *P7. Owner and Address: Zachary Roach, Sherri Steliga 2824 "L" Ave National City, CA 91950 *P8. Recorded by: Pamela Bensoussan, ASA 616 Second Ave Chula Vista, CA 91910 *P9. Date Recorded: 10/05/2006 *P10. Survey Type: (Describe) *Pll. Report Citation: (Cite survey report and other sources, or enter "none.") Sheet MBuilding, Structure, and Object Record ❑Milling Station Record ❑Rock Art Record State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial Page 2 of 2 Resource Name or #: Cornelia McKnight House An original oak front door with period hardware is flanked by a grouping of three double hung windows on the left (the center window upper sash has three vertical muntins) and a large fixed pane with upper portion divided into four lights. Other distinctive exterior features inclue a shed roof covering a bay on the lower north side and another shed roof covering a section of the west side where the original dining room built-ins protrude from the back (in order to be flush inside with the windows). An original open air sleeping porch is accessible from an upstairs bedroom. The kitchen porch underneath on the ground floor was closed in at some point. Inside, the original oak flooring is preserved as is the original interior woodwork detailing, mostly executed in old growth fir. This includes wainscoting, baseboards, picture rails, plate racks, door and window frames, box beams and ceiling coves. Additional distinctive original interior features are window seats (in the den and foyer), stair railing, book cases with leaded glass that serve as dividers between the dining and living rooms, and a very large built-in cupboard unit with leaded glass and original hardware in the dining room. The woodwork has also survived on the second floor — including doors and trim, built ins, picture rails, ect. Most of the upstairs woodwork has been painted and the bedroom floors are made of a soft wood — pine or fir — rather than oak. DPR 523A (V95) 'Required information State of California — The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 1 of _ 5 *NRHP Status Code 3S *Resource Name or # Cornelia McKnight House Bt. Historic Name: Cornelia McKnight House B2. Common Name: N/A B3. Original Use: Single Family Residence B4. Present Use: Single Family Residence *B5. Architectural Style: Two -Story Craftsman *B6. Construction History: The construction date of 1913 has been compiled from county records, utility records and city directories. Water company records indicate water service was first installed in 1913 and original pipes were replaced with copper in 1954. No major alterations have taken place — only the usual utilitarian updates have occurred: The back porch was enclosed and serves as a laundry room. Remnants of early linoleum indicate this must have been done in the 1950s or before.The kitchen and bathroom remodels appear to date from sometime in the 1970s. The driveway was installed by owner Donald Grable in 1969. The house was reroofed in 1973. In 2005 the previous owner James Daniels replaced the original window glass throughout the house and restsored the original wood frames. The fireplace was re -surfaced at some point in time and the later surface material is being removed. All of the woodwork detailing, including ceiling cove, beams, baseboards, plate and picture rails, wainscoat, throughout the main floor has survived in tact. Only the upstairs wood trim has been painted. Original knob and tube wiring is present and much original hardware remains. The integrity of the house is very well preserved. *B7. Moved? XNo DYes OUnknown Date: Original Location: *B8. Related Features: garage B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: This house is significant under Criterion B (people) because it is associated with Cornelia McKnight, a prominent local educator and founding member of the San Diego Fine Arts Society, who occupied the residence for 49 years. Ms. McKnight, a graduate of University of Michigan taught English and Latin locally for 33 years at Sweeter Union High School beginning in 1921. She was the daughter of John H. McKnight, co-founder of the local California Clay Products Co an important manufacture of ceramics that created tiles for such prominent buildings as the Santa Fe Railway Depot and the California State Building of the 1915 Panama -California Exposition. The colorful Hispano-Moresque style ceramics contributed to the blossoming of the Spanish revival style in San Diego. It is significant under Criterion C (architecture) because it's an extremely well-preserved specimen of quality craftsman style architecture dating from a time when the arts & crafts style was first taking hold in National City. It is significant under Criterion A (event) because it was a part of the early development of the historic Olivewood Terrace neighborhood — one of National City's first affluent suburban style sub -divisions, which was named after Warren Kimball's nearby Olivewood estate. Area Olivewood Terrace. National City Period of Significance: 1913 — 1969 Property Type Single family residence Applicable Criteria B. C. A (Discuss importance in terms of historical or architectural context as defined north by theme, period, and geographic scope. Also address integrity.) (See continuation sheet, page 4). e„$` B11. Additional Resource Attributes: (HP2)=single family property, :` r. (HP38)=Women's Property *B12. References: (See Appendix) B13. Remarks: ,a '' tar u.,eiercr or came LTA 11 a *B14. Evaluator: Pamela Bensoussan, ASA 616 Second Ave, Chula Vista, CA 91910 *Date of Evaluation: September 30, 2006 (This space reserved for official comments.) era 5, *itbul City Scl%n ar Fb.RtpLa CAW. Vista v_1a�p State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 Resource Name or #*: Cornelia McKnight House Historical Background, Kimball Brothers and the Olive Industry National City was part of a Spanish land grant originally known as "Rancho Del Rey" that included much of the South Bay. It was given by Mexican Governor Pio Pico to his brother in law, Don Juan Forster and became known as"EI Rancho de la Nacion". It was referred to as "National Ranch" in a United States Land Patent granted by President Andrew Johnson on February 21, 1866. On June 15, 1868, the National Ranch was purchased by the Kimball brothers, Frank, Warren, and Levi, builder -contractors from San Francisco. The Kimballs purchased the massive 26,632 acre ranch for $30,000 and began constructing a town they named "National City". Frank Kimball's home was purported to be the first modern residence (with indoor plumbing) in the County. The Kimballs built the National Road (now National Avenue) which went all the way to the border and set up the first post office on the front porch of one of their houses. The brothers soon constructed a wharf (1871) reaching out to the deep channel of the Bay. During the 1870s and 1880s the Kimball brothers were also active in the development of the railroad, county roads, a water source, the first library, a brick industry, and Frank made forays into various agricultural ventures from raising sheep to growing wheat, silk worms and citrus. In the 1970s, working with the US Department of Agriculture to bring in plantings from other areas, Frank Kimball planted two olive trees from Italy. This first experimentation with olives is recounting by Irene Phillips in "National City in Review" (1962) as follows: There had been no slacking in the work with olives, and there had been various experiments in deciding what type of cuttings should be used, old wood, new growth or suckers; whether to plant upright or at an angle; in sand or in rich earth, and how to trim the trees. There, had been experiments in getting the bitter out of the olive and after trying salt and soda Frank Kimball returned to the recipe of the Mission padres and used the lye process. Cuttings were purchased by trimming trees at the San Diego Mission, but the largest windfall was the gift of John Forster, the erstwhile grantee of the National Ranch, who sent 4,409 pounds of cuttings which, when cut in 10 inch lengths, provided thousands of olive cuttings which were sprouted and sold for I00 a piece. It was in 1885 that Kimball brothers began advertising San Diego County by taking its best produce to national and international fairs, where it always won top honors. Fruit was taken to fairs at New Orleans, Cincinnati, Philadelphia and Boston, and to many fairs in California. Shipment of olive cuttings to growers outside of San Diego County began in 1883, when 50,000 were shipped to Los Angeles. By 1886 more olives were being produced in San Diego County than could be pickled and on December 29 of that year, work of building the Kimball Oil Mill began. State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 3 of 5 Resource Name or #*: Cornelia McKnight House Frank's brother Warren constructed the Bank Block downtown and owned a Planning Mill that made jig- saw cutouts for house decoration. He settled with his wife Flora near 24th and Highland constructing a mansion, which together with the surrounding property, they named "Olivewood". (Flora, a writer and educator was also a women's suffragist and served three terms on the National City School Board.) According to historian Irene Phillips the Warren Kimball Estate "Olivewood" enjoyed celebrity as a national showplace. When National City incorporated in 1887 an olive branch was chosen for the seal of the city, as an emblem of piece and as a reminder of the important role played by National City in developing the American olive industry. After Flora Kimball's death in 1898 Warren constructed a bungalow in her honor which he named the Olivewood Women's Clubhouse, located at 24th and "F" Avenue. He gave the building to National City in 1911 as a memorial to his wife. Warren Kimball died on May 9, 1913. Olivewood Terrace According to an old marketing brochure, the land adjacent to Floral and Warren Kimball's Olivewood estate and clubhouse, was acquired for subdivision by the San Diego Securities Company as early as 1912. The San Diego Securities Company (founded in 1911 by George Burnham and A.G. Spalding) also owned and developed the exclusive Loma Portal Tract in Point Loma and maintained offices in the Timken Building at Sixth and E Streets in San Diego, with a Branch Office in Los Angeles. Olivewood is described in the brochure as "a notable exponent of the ideals of this Company in the way of improvements essential to 'The City Beautiful' while the personnel of its officers will ensure the carrying out of any and all of its promises." The list of officers and directors included prominent businessmen and distinguished citizens such as A.G. Spalding, H.H. Timken, George Bumham, George J. Bach, Tomas B. Wright . William Eldred, Adm. H.N. Manny A,H, Sweet, Grant Conard, R.C. Allen and F.J. Lebert. Olivewood Terrace was a subdivision of approximately 60 acres with equal size lots, each measuring approximately 100 x 130 feet. Its streets were improved with cement curbs and sidewalks and lots were installed with water mains, gas pipes, and electric wires. The area was bound between 24th on the North and 30th St to the South extending west to "J' Ave and east to "N", adjacent to some of the finest Victorian houses in the area and in close proximity to the San Diego and South Eastern Railway that wound through the Sweetwater valley and up the nearby hill (now North Second Ave) to Chula Vista. The promotional brochure describes the subdivision as follows: "... overlooking the beautiful, ever green valley of the Sweetwater River is Olivewood Terrace, indisputably the best improved and most desirable tract for suburban homes to be found in San Diego County. Surrounding Olivewood Terrace are some of the finest country places in Southern California, framed in luxuriant foliage of palms, magnolias, rubber, pepper and other graceful trees, while nearby orange and lemon groves fill the air with the fragrance of perennial bloom. The 1912 brochure states that "Construction of homes is under way and architects are engaged on plans for several houses which will be built at once." The company also offered to undertake/underwrite the construction work for those with limited means in exchange for small monthly payments. State of Califomia — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 4 of 5 2824 "L" Avenue Resource Name or #•: Cornelia McKnight House It is apparent that the subject house at 2824 "L" Avenue was among the first homes built in the Olivewood Terrace subdivision. Water service was installed in 1913. According to San Diego County Directories the first owner, Georgie Dussing, was already in residence there (with wife Kate) from at least 1914. Although the deed grants title to the Dussings of both lots eleven and twelve it states that they are allowed to build only one residence — and no businesses, factories, apartments, hotels, boarding houses or saloons were permitted. Furthermore, the deed requires the Grantees to spend at least $2,000 on that dwelling and to submit plans to the architect of San Diego Securities Company for approval before commencing construction. Additional conditions of the sale spell out requirements for a 25' setback from the front property lines and that no hedges, fence or rails be permitted within the 25' setback area that are more than 30" high. A 60" maximum height was imposed on fences or hedges in the rear of the property. Dussing's profession is listed as Real Estate and he may have bought the house on speculation — indeed from 1916 through 1919 he is listed as residing in another home in the subdivision, also on "L" Avenue, but across the street and closer to 30th St. (Many deeds for other properties with later dates bearing Dussing's name turned up during a search of County records,) It is unclear who, if anyone, occupied the house after the Dussings between the years of 1916 and 1919. Harry and Ida Giberson (occupation unknown) are listed as residents of the house in the 1920 Directory and appear as Grantors of the deed recording the sale to Cornelia McKnight and her sisters. It is possible that sales in the subdivision stopped abruptly after the great flood of the Sweetwater and Otay Valleys in 1916, which severely impacted the entire area and knocked out rail tracks connecting National City with Chula Vista. A photograph taken in 1939 shows a limited number of houses had been constructed by that time and several lots appear to contain small orchards. Cornelia McKnight (1887 — 1973) Cornelia H. McKnight was born November 3, 1887 in Dubuque, Iowa and died September 23, 1973 in Chula Vista. She was the daughter of John H. McKnight, who founded the California Clay Products around 1911 in National City and the brother of Thomas J. H. McKnight, a popular Mayor of Chula Vista from 1918 to 1922. Cornelia, along with her sister Jessie and Aunt Mary Rebecca acquired the Olivewood Terrace "L" Avenue house in 1920. City and County Directories reveal that her mother, Eliza Jeanette, lived with the aunt and sisters for a short time before her death in 1921. Jessie McKnight, Cornelia's older sister, of whom little is known, died in 1963. Cornelia McKnight was a graduate of the University of Michigan and had a long career in National City as a Latin and English teacher. She appears on lists of faculty members in Sweetwater Union Iligh year books dating from 1921 through 1950. Her obituary states that she taught school for 33 years. St.^'e of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 5 of 5 Resource Name or #*: Cornelia McKnight House Cornelia McKnight (1887 — 1973) continued She was also a charter member of the San Diego Fine Arts Society. In 1925 the Society was formed to maintain operation of the Fine Arts Gallery, which opened in Balboa Park in February 1926. The gallery became the center of San Diego's cultural and social activity and would later become the San Diego Museum of Art. Cornelia lived in the "L" Avenue residence for forty-nine years and moved to Chula Vista a few years before her death in 1973. John H. McKnight (1840 - ?) Mineralogist John H. McKnight discovered kaolin deposits in the El Cajon mountains which led to the formation on April 17, 1911 of the California China Products Company to manufacture high quality porcelain. His partners were Walter and Charles B. Nordhoff. The company also manufactured earthenware and ceramic tile from clay deposits in San Diego and Baja California. Alex Bevil, in his detailed history of the company published in the San Diego Journal of History, states that "California China Products was the first porcelain factory west of Columbus, Ohio, and the only in in America to use clays gathered from its own deposits. CCPCo earned nation-wide fame for its design and • firing of brilliant, polychromatic Hispano-Mooresque-style faience tile. Their utilization in two landmark San Diego buildings contributed to the popularization of the Spanish Colonial Revival movement of the 1920s. Ironically, the company did not remain in business long enough to reap the rewards of the tile's popularity. Problems with supply and labor forced its closure in 1917. However short-lived, CCPCo played an important part in influencing succeeding generations of California tile makers. In a biography of McKnight's son Thomas, the father is said to have developed one of the most extensive and valuable farm estates of Iowa. Thomas J. H. McKnight (1883 — ?) Thomas McKnight, CorneIia's older brother by 4 years was a man of many accomplishments. According to biographer Clarence Alan McGrew (1922) Thomas McKnight graduated from Cornell University in 1905 with a Civil Engineering degree, moved to Chula Vista in 1912, served as Mayor of Chula Vista, Vice President of the Peoples State Bank of Chula Vista (the city's first bank), president of the Poultry Producers of San Diego Inc, director of the Chula Vista Land and Improvement Company, president of the California Leghorn Breeders, Inc of Lemon Grove, and a member of the board of the University Clubs at San Diego and the Chula Vista Men's Club. Mc Grew also states "He is further the owner of a valuable ranch property in the immediate vicinity of Chula Vista, and is consistently to benoted as one of the really representative men of San Diego County, where he is known as a vital apostle of both civic and material progress." According to research conducted by John Rojas, he was also President of the Chamber of Commerce in 1928 and instrumental in bringing the San Diego Country Club to Chula Vista in 1921. State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 1 of 3 *Resource Name or # (Assigned by recorder) Cornelia McKnight House *Recorded by Pamela Bensoussan, ASA *Date October 5, 2006 X Continuation 0 Update CHAIN OF TITLE 2824"L" Avenue National City, CA 91950 APN# 563-132-12-00 Lot 12 in Block 4 of Olivewood Terrace, in the City of National City, County. of Sandiego, according to Map No. 1542, filed March 8, 1913 Date Grantor Grantee Book Page *1912 San Diego Securities Company (owner and developer of Olivewood Terrace subdivision) 6-27-1913 Union Title & Trust Co Dussing, George P. & Kate M. 618 116 * 1916 or 1917 Dussing, George P. & Kate Giberson, Harry E. & Ida E. 11-20-1920 Giberson, Harry E. & Ida McKnight, Cornelia, Jessie & 838 463 Mary Rebecca *1969 Cornelia McKnight Grabel, Donald & Evelyn * 11-21-1979 Grabel, Donald & Evelyn Eskibom, Louis J. & Katherine R. Doc. #491358 *2-26-1982 Eskibom, Louis J. Daniels, James F. & Grimm, Virginia Doc. #053773 1-23-2006 James F Daniels Trust Roach, Zachary & Steliga, Sherri L. Doc. #50263 Indicates deeds were not found. This information was compiled through various sources that are listed in the Appendix. C_% State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial Page 2 of 3 *Resource Name or # (Assigned by recorder) Cornelia McKnight House *Recorded by Pamela Bensoussan, ASA *Date Oct 5, 2006 X Continuation 0 Update San Diego City and County Directory Research Owners of 2824 "L" Avenue Years, Addresses and Occupations 1914 Dussing, George P. (Kate M), Real estate, h. L ave nw cor 28th 1915 Dussing, George P. (Kate M), Real estate, h. L ave nw cor 28th 1916-1919 No listings found for these years. (Dussings are shown residing across the street on L ave at ne cor E 30rh) 1920 Giberson, Harry E. (Ida E.) h 2824 L ave From 1921 McKnight, Cornelia H. tchr, r 2824 L av McKnight, Eliza J (wid John), h 2824 L av McKnight, Jessie, r 2824 L av McKnight, M. Rebecca, r 2824 L av CONTINUATION SHEET Trinomial Page 3 of 3 *Resource Name or # (Assigned by recorder) Cornelia McKnight House "Recorded by Pamela Bensoussan, ASA *Date Oct. 5, 2006 X Continuation 0 Update State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SOURCE BIBLIOGRAPHY Bevil, Alex. The History of the California Clay Products Company, The Journal of San Diego History, Fall 1999. Coleman, Eugene Victor. The Urbanization of the Sweetwater Valley. Thesis presented to California State University San Diego, 1973. Census Reports: Dubuque, Iowa. 1900; San Diego, California 1930. Ancestry.com Daughters of the American Revolution Lineage Books Vol. 37, Page 94. Ancestry.com Heilbron, Carl. History of San Diego County, 1936 Krantz, Thelma and Frances Read, Chula Vista and Community, A History for Children, Chula Vista School District, 1961. McGrew, Clarence Alan. San Diego and San Diego County Vol. II. (biographical chronicles) 1922 National City Public Library, Historical Collection (records and photographs) Phillips, Irene. National City in Review. The Journal of San Diego History. July, 1962. Red and Gray, Sweet -water Union High School. Yearbooks: 1921, 1925, 1928, 1939, 1942, 1947, 1950 Rojas, John, Family, Friends and Homes. The Chula Vista Historial Society, 1991. San Diego County Assessor's Office San Diego City and County Directories, National City Public Library Historical Room The National City News, Great Pottery Started. November 18, 1911. The Star News: A Bicentennial Look at South Bay History, April 25, 1976. House of the Week, October 9, 1983 South Bay Obituraries: Cornelia McKnight. September 27, 1973 State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 1 of 8 *Recorded by Pamela Bensoussan p *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 2 of 8 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update State of Cali The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 3 of $ *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 4 of 8 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update 7 'State of California 1 Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 5 of 8 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 6 of 8 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 7 of 8 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# SUBJECT PHOTOS Trinomial Page 8 of 8 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# LOCATION /ASSESOR'S MAP Trinomial Page 1 of 1 *Resource Name or #: Cornelia McNight House *Map Name: S.D. County Assessor's Map, book 563 page 13 (Map 1542 filed March 8, 1913) *Date of Revised Map: 6-6-1979 DPR 523J (1/95) 'Required information 4tiv • MAP 1542 - OLIVEWOOD TERRACE L 1" I AVENUE AVENUE AVENUE 563- /31-/32 , CD State of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 1 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update Cornelia in the Classroom —Photo from National City Public Library Historical Collection _Bd - THE STAR -NEWS — Thursday, Sepiemher 17, 1973 South Bay Obituaries Cornelia McKnight Graveside services for Cornelia H McKnight. 85. a retired school teacher. were Tuesday in Glen Abbey Memorial Park with Dr. Everett Sorrenson officiating_ Born in Iowa. Miss McKnight of 74 2nd ,ice_ Chula Vista. lived in the county 52 years. She died Sunday at her home. A graduate of the University of Michigan. Miss McKnight was a teacher 33 years, including leaching in the Sweetwater High School District. She was a charter member of the San Diego Fine Arts Society. A nephew, Thomas J. McKnight of Chula Vista survives Mortuary In cha arrangements Born in New j'o Armstrong of 5859 St . Paradise Hills counts resident 28 y died Monday in a Ch hospital Armstrong retired from the Naval El Laboratory on Point was a member of St. and a past grand Assumption Council, I Columbus. His wife, Lillie daughters. Ann Helm El Cajon and Eileen A of the home: a br sister. and three gran survive. Sealed protosels w,li De Ndlronal <v<nu< Narior,a C Cornelia (seated) with Faculty members from Class of 1922 Reunion —Photo from National City Public Library Historical Collection Sate of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 2 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update From "Red & Gray" Sweetwater High yearbooks 1925 and 1921 FACULTY GUY HUDGINS ERLE G. SPAFFURD PHYSICS. FIAIHE 11d TICS ISABELLA H. HILDITCIHsTORI'. SOLI AI MRS. MARY E. BARNES FRANCES LOUISE OBERHOLTT LUCILE VAN HORN CORNELIA H. MCKNIGHT JESSIE L. GRAY FLORENCE M. MYERS ROXANA FLANDERS - HARRY G. ADAMS - MANTIE MONTGOMERY LAURAH L- HISER MRS. ELSBETH S. SCHNEIDER STELLA M. GAMMON - MRS. GENEVIEVE.. B. CROSSMAN JAMES G. SEEBOLD RENA A. FAUBION - ELSIE HUNTER - - REUBEN R. CALKINS JOHN R. MOREHOUSE HERBERT N. HUSKINS MARY ROBERTS ISABELLA DICK - MRS. EMMA T SHELLF.NL4EttGER EUNICE H. HARRIS - - Supervising Pnncrpal Vice -Principal V ice -Principal SCI I -NCI: Dean of Girls. English English • History. Science Latin. English English, French. Spanish - - Spanish - English _ Mathematics Biology. Chemistry Commercial Commercial Art Music Orchestra Home Economics Home Economics Manual Training Auto Mechanics Physical Education Physical Education Librarian Nurse Secrerary FACULTY PERCY R. DAVIS, Supervising Principal EARLE G. SPAFFORD, Vice -Principal Physics, Muhcmwics, Military Drill MRS. MARY W. BARNES, Dean of Girls ISABELLA H. HILDITCH, CORNELIA McKNIGHT, KATHLEEN L. DUNN, JESSIE L. GRAY, HERBERT N. HOSKINS, ESTHER E. SCHEER, MRS. LOUISE F. KELLOGG, ELLEN J. MILLIGAN, HELEN I. WELLES, VARNA BELL, REUBEN R. CALKINS, MRS. FANNY M. TAYLOR, HARRY G. ADAMS, -English History, Social Science Latin, English Spanish .French, Spanish, English Mathematics, Chemistry, Athletics Commercial Biology, Commercial Home Economics Art, Girls' Physical Education Music Manual Training Librarian Mathematics -s l 7- State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION I-IRI# APPENDIX Trinomial Page 3 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update iFACULT Yrx Guy HUDGINS, Supervising Principal ERLE G. SPAFTORD, Vice -Principal . .. Mathematics, Physics ISABELLA H. HILDITCH, Vice -Principal History, Economics MRS. MARY E. BARNES, Pearl of Girls English, Dramatics LOUISE K. HART . . ..• ', ,. . English, Public Speaking FRANCES L. DAVIS English LUCILE VAN HORN History RAYMOND J. FLANDERS C/l � 7 . ' " ` `�./ ,_ - History, English CORNELIA H. MCKNIGHTtp4a��•� daC- "A.7 n, English, Journalism FLORENCE M. MYERS . `mod+": ~L-". • ` • f''-`$'+i —1 Spanish MRS. GLADYS K. PETTus 1 _'A ‘. 1.) . - `- C L 1...Spanish JEssIEL GRAY r-�y • -. .. •'. . - _ German, French HARRY G. ADAMS ' � r--: JV - !� ` /'1- ✓,�:. f"-'• . `-'"" - • Mathematics GEORGE K. BLACK - ( %3Z.-c . . General Sctcncc, Mathematics MANTLE MONTGOMERY ^- `.' _ . * . - 7 c% - - Chemtrogy try MILDRED F. RANNEY, "LA-4- ,J' ��'J % �.. -- Biol l LAURAH HISER . ..- - —• To MRS. ELSBETH H. SCHNEIDER - ETHEL MATTHBWS .) �: • � Miss Mary C. Roberts ADELAIDE STARCK -!l.w STELLA M. GAMMON . . ... - .. {-- and to JAMES G. SEEBOLD ELSIE HUNTER Miss Cornelia H. McKnight SYLVIA CLARK - - VIRGINIA SCOTT . �{ This volume of the Red and Gray JOHN M. HANCOCK . . "�- . ..d.._�..... ,",:r. JOHN M. MOREHOUSE±I . e is dedicated HERBERT N. HOSKINS In appreciation of their untiring efforts MARY C. ROBERTS - 1 generous ly l expended EUNICE H. HARRIS , . g Y P RUTH J. PEIRCE in the interest of JESSIE SMITH From "Red & Gray" Sweetwater High yearbook 1928 Sweetwater Union High School State of California The Resources Agency Primary N DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 4 of 23 *Resource Name: Cornelia McKnight House *Recorded by Pamela Bensoussan *Date October 5, 2006 X Continuation _ Update Su -hi Faculty. Wendall Allen, Darsie Anderson, Mary E Barnes, Helen Berger, William Brattmiller, Alvin Buby, Phillys Burns, Justin Burston, Evelyn Camp, Tilman Chamlee, Paul Cheatham, Vance Clymer, Ruth Coburn, Gordon Cox, Frances Davis, Cletus Gardner, Grace Gilman, Jessie Gray, ArthurGroos, Jerelyn Haddock, Isabella H. Hilditch, Laurah Hiser, Louise Howe, Sylvia Ingebritson, Frances Koromy, Ethel Lyons, Cornelia McKnight, Mantie Montgomery, Frances Moore, John Morehouse, Mary Roberts, Elsbeth Schnei- der, Harlan Skinner, Helen Smith, Jessie Smith, Myron Smull, Louise Stephens, Paul Stoner, Anne Stowe," Lucile Van Horn, Glenn Warren. 'Deceased, May 26, 1942 From "Red & Gray" Sweetwater High yearbook 1942 State of Califomia The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 5 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update Cornelia H. McKnight Mrs. Ethel John R. Morehouse Mary C. R. 11v FOREIGN LANGUAGE AND LIBRARY Ruth Coburn, Arthur Teeter. Cornelia McKnight CORNELIA McKNIGHT Univ, of Mich., A.B. & A.M. Latin 1 & II, English 10 & 11, Library From "Red & Gray" Sweetwater High yearbooks 1939, 1947 and 1950 State of California The Resources Agency Primary# HRI# DEPARTMENT OF PARKS AND RECREATION APPENDIX Trinomial Page 6 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update THE NATIONAL CITY NEWS NATIONAL, (ITV. ': r'1^,^ LAL- IF- OHNI:L 3,tllltDAf. Nov. rut _._ PROSPEROMI GREAT CAtIfORNIA POTTERY .N.0,14rc,5lnl1, 11 yu Lli,Gud per al ,.jai t€. �nl:, 'I $I;.ul,,t. t4 makes n „•ry uu"L lees.tih1,1. tlal i"n_ I'1_ .piY,,:npad Lars ism, i" r:. 1,7 ,i,.- I :rir or Cufil"rnia China Pto,Iinas r,:, wr snowing rag anu L, Feregn:un:1 - � GREAT FACTORY RISING ON �.,1 ,ir Th:• -u i. • ntr,• 1 BAY FRONT SITE ,dr„i ui to I1 . I •- I1, L,. I � ire rdrl I Ii:••l -: START[DI'PPeD 18. Diego Fr In SLipm 11, 11 Rnig111, Aire• I'1': 11I1•nt 11011 1.1 tAl ulr 11X111,1 t i a�lti n-n .1 Chinn 1'r101111, 1'11111111111.V. he State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 7 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update 222 CITY OF SAN DIEGO AND SAN DIEGO COUNTY THOMAS J. H. McKNtcnr. All that is signified in loyal, liberal and progressive citizenship is exemplified in the attitude of the popular mayor of Chula Vista, and his influence extends along divers avenues of communal usefulness, as is evident when it is stated that Mr. Mc- Knight is not only the executive head of the municipal government of Chula Vista at the time of this writing, in the spring of 1921, but is also vice president of the Peoples State Bank of Chula Vista, presi- dent of the Poultry Producers of San Diego, Inc., a director of the Chula Vista Land and Improvement Company, president of the Cali- fornia Leghorn Breeders, Inc., of Lemon Grove, and a member of the directorate of each of the University Clubs at San Diego and the Chula Vista Men's Club. He is further the owner of a valuable ranch property in the immediate vicinity of Chula Vista, and is consistently to be noted as one of the really representative men of San Diego County, where he is known as a vital apostle of both civic and material progress. Mr. McKnight was born in the City of Dubuque, Iowa, on the 4th of October, 1883, and is a son of John and Eliza J. (Looney) Mc- Knight, the father having developed one of the extensive and valuable farrn estates of that section of the Hawkeye State, and both are now deceased. After completing the curriculum of the public schools the present rnavor of Chula Vista entered Cornell University, one of the leading educational institutions in the State of New York, and in the same he was graduated with the degree of Civil Engineer, as a member of the class of 1905. In connection with the work of his profession and in other channels o.f activity Mr. McKnight has been the representative of large and important financial and business concerns, and San Diego County, California, gained a valuable citizen when he here cast in his lot with its progressive citizens in the year 1912. He has .brought to bear the full force of his vigorous personality not only in advancing the various business and industrial interests with which he is identified, but also in furthering the general march of modern progress in his home city and county, where his circle of friends is coincident with that of his acquaintances. With all of consistency has it been said of him that "he is a big booster for hig things in Southern California." So called "practical politics" has had little challenge to the activities of Mayor McKnight, but his public spirit is tense and unqualified, and in a basic way he is a loyal advocate of the principles and policies for which the republican party stands sponsor. The year 1911 recorded the marriage of Mr. McKnight with Miss Carrie Richards, of Manson, Iowa, and they have two fine sons, Thomas J. H., Jr., and Edward. . tate of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 8 of 23 *Recorded by Pamela Bensoussan From Census Reports 1900 and 1930 state ._ .. . nt (/}' (Jrr j/ --.... ^- ,"c'.....-a.. Discover Your Family Story *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update rm - 1930 United Stales Federal Census State To+t-.shlp or other dirisioa of county . Page 2 of 3 racer/ Coeffir t 0't'1 r!5 „ "1 A9—<_c S el:In: PLACE OF ABODE SG• EEd. Throe reel, ter.. - rash,ne taxi i<.:s, tea<e v r $. e.r _- wa.. . e!•r •t• •- s ;:: NAME of aatb person bore proce of e1.•de c. April, IOJ3,aas to tb,r fa ci:J tare area-. _ r.nm tY en.. a -or rat calLy err 1�: ♦e.•q ter.-•ren AS11.:.::. Oe: ,Lx! tan av At.l i.: RELATION P.•IrG.rahf� cf :CH rt.sza t> :Ce berd ct :be fr :::J r . t i 4 12f,4= 31 33 Jr O/ �S a v.•.� //. ' .! 164,4 <L�4Lsret...,r,i-GA_4rt:-� Welcome, seteliga0021 Ranked Search Results - You searched for Elaza Jeanette McKnight born in Wisconsin in 1848 and died in California in 1921 Viewing 1- The National Society of the Daughters of the American Revolution Volume 37 page 94 Mrs. Eliza Jeanette Mcknight. DAR ID Number: 37260 Born In La Fayette county, Wisconsin. Wife of John McKnight. Descendant of Maj. David Looney. Daughter of John Spurgeon Looney and Margaret White, his wife. Granddaughter of David Looney and lane Spurgeon, his wife. Gr.-granddaughter of David Looney and Mary McClellan, his wife. David Looney, (1738-1810), was appointed major 1779 and [p. 941 served under Col. Isaac Shelby. He was born in Augusta county, Va.; died in Sullivan county, Tenn. Also Nos. 1786, 2393, 3934, 4082, 24408, 35046. ♦lfµ.yf� %G•nnla-a t .g- 1 ,a-'t-:-s-F r:- 1 0 00 .• I. -%� 1.. ram_ iY ...I. 4& i id=C AT626 190-1010... 5/29/2006 �, h Ly—.) State of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 9 of 23 *Recorded by Pamela Bensoussan From Marketing Brochure, 1912 *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update SAN DIEGO SECURITIES COMPANY CASH CAPITAL. P..d in 51.250.000.00 AUTHORIZED CAPITAL 2.000.000.00 OFFICERS A. C. Spalding. President H. H. Timken. Vire Press. George Burnham, Vice Preis George J. Bach Sec.. Teens. Thos. 8. Wright Ass, Sec. Wm. Eldred, Audimr DIRECTORS H H. STen Crane B.mhm ALE . H. N. M,nney R, C, Non P. 0 OWNERS OF Olivewood Terrace OWNERS OF Loma Portal Tract Porn, lam, C•Efe.E.0 Investmenu, Cry Property. Leases. Cirrus Groves. Alfalfa Lands. Beach Properties Acreage Fo, subdivision. Offices in the Timken Building Corner of Slrh and E See0, SAN DIEGO, CALIFORNIA Branch Of3re_ 609-611 Somh Spring Sneel LJI Angeles - C:allorni, OLIVEWOOD'' INFORMATION LIVEVVOOD TERRACE is owned a,o improved by the SAN DIEGO SECURITIES COMPANY. This announce- ment should of iaelf be sufficient guarantee as to the character of the proper:' and the nature of a development. Like Loma Portal Tract, co Point Loma, O ivewood Terrace a c>taLie exponent o the ideals di rh;, (-cc.t;any in the way of imp oven ones _ .. o "The City Beautiful." while me oeraonnel of its officers will ensure the car- .,ut of any and all of its promises. Improvemenn at Olivewood Terrace are completed to the minutest details. Consrnrcrice of home; ia under way and architects a: a engaged on plans for several house; which will be Lath' at once. To such as purolexe Ica !rr Olivewuod Terrace. and desire no .` ,N homes. but have not available mean: for that purpose the San Diego Securities Company -Will un- dertake the consm,crioh work and accept small monthly payments for the cost of res- idences so bulk. Terms of sale and further detailed in- formation will be Furnished at the office of SAN DIEGO SECURITIES COMPANY TIMR EN BUIIDING SAN DIE.,, CAIIFORN, Branch Office Lacey Building 609.611 So. Spring Sorel Lc, Angeles,' California State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 10 of 23 *Recorded by Pamela Bensoussan f2/0 Di" 0(17‘,7 0 Y . 8 1100 ez• / tr.No.e.r. • r i? t •.0 ri 0 8 0 g• 4 -.- 4 a g 'it in • 5 8 4 4 10 6 0 rso.,,, . 7 to.,-,, ...9 . 60.1.7 .1 8 -.T! 1 1,60.1.7 • . i iz g - , - • ,. , • • . - g 8 •0 _ a b o g 6 7 . - 1,0 3.2* .00..2" - 2.65;1/7. 4 04 th. .57Lree7`- , • 6 30. i-t • *Resource Name, Cornelia McKnight House *Date October 5, 2006 X Continuation Update /0 9 g t9 7 t 1-7 40' in " 6 9 .65.1-1. / , . 35, 1.7' /2 -a 2 // 8 3 - /0 ii, (36 4 9 b 4 g 5 8 g • . iq 8 6 7 - 135.12: VbP.VC - • ' 8,, ±0,. rt5:.,b"1 7•1' i'scrov,, 004' 900C4, 6 7 8 ' in 6 7 5471 e6./.' 01}7.5.ro 00.04" OLIVEWOOD TERRACE In 'A elefiort 134 - Poncho de Id Nocion Son Diego Securities Cornpciny Owl -ter May 1912. Wr-'1,1 Huey Engineer in" 9 155.7! 8 100' 7 172.16' -11 '326 Afil. 2/ State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION FIRI# APPENDIC Trinomial Page 11 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation — Update From Marketing Brochure, 1912 O CATION: Four and one-half miles from the business center of San Diego, Ties the at- tractive and enterprising suburb of National City, a municipality of about 2,500 people. It is .located on the eastern branch of San Diego's spacious harbor. It is the terminal station of the great Santa Fe Railway system, and all its rolling stock corning to San Diego. finds shelter there. It is on the line of the San Diego & Arizona Railroad now building, and which is soon to form a new trunk line to the South and the East. It is intersected by the San Diego Southeastern Railway, reaching all that fertile region that lies between National City and the Mexican boundary. (( One and one-half miles east of National City, and overlooking the beautiful, ever green valley of the Sweetwater River, is Olive - wood Terrace, indisputably the best improved and most desirable tract for suburban homes to be Found in San Diego County. Surrounding Olivewood Terrace are some of the finest country places in Southern California, framed in luxuriant foliage of palms, magnolias, rubber, pepper and other graceful trees, while nearby orange and lemon groves fill the air with the fragrance of perennial bloom. Q To one whose joy is in a home with land enough to afford him the exercise essential to robust health, and who delights in making equal to that afforded by Oltvewood Terrace Tract can be found anywhere. two blades of grass to grow where only one grew before, it is doubtful if an opportunity oir •\ t;. t.d Yr i(Tir,2stet� W�r i •r 1r ,� '-... . 4• ,.n amp i„it 7tZe tr + i .: ._ .. .. ,.:.. ..rt it ,i 1 r a. v :.pY$de�%i rn+:r�'«G rl :.::' ESl�t pYit�4 Drlvi q'�owh or;OUvewood Terrace *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HR[# APPENDIX Trinomial Page 12 of 23 *Recorded by Pamela Bensoussan It Residence of Mrs. Cordclia E. Boal, near Olivewood Terrace I M P ROVE ME N T S : Olivewood Terrace is a tract of about sixty acres of very fertile land, gently undulating as to its topography and commanding a superb outlook upon exquisite mountain scenery, having San Miguel as the foreground of a picture whose sky -line shows the corrugated spine of the Cuyamaca range, many miles beyond. Off to the south, little glimpses of ocean and bay filter through the foilage of a vista of lofty eucalypti, running parallel with Olivewood Terrace. The whole landscape is dotted with lemon groves of precious fruit. The Sweetwater Valley, verdure clad, winds in graceful contour from its source in the mountains, like a great green ribbon, stretching to the sea. Q The lots in Olivewood Terrace are of ample size for lawn, orchard, garden, residence and outbuild- ings, being in dimensions approximately IOOx 130 feet. The wide thoroughfares are lined on either side by well made cement sidewalks and curbing, and every street is perfectly crowned. Water mains, gas pipes, electric wires —for lighting and telephone service — are installed at every lot. q The water supply at Olivewood Terrace is abundant, cheap and of excellent quality. Q Too much cannot be said in praise of the soil for purposes of cultivation. Although peculiarly adapted for orange and lemon culture, the home- owner who cares to do so may raise nearly everything necessary for home consumption. From Mnrketine Brochure- 1912 State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 13 of 23 *Recorded by Pamela Bensoussan High School Building, Nutionr.I City *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation Update pD U C A T I O N : Less than a mile from Olivewood Terrace, and within easy walking dis- tance For pupils, is one of the best educational institutions in San Diego County_ The National City High School --an illustration of which appears herewith i:: unique in several respects. It occupies a plat of detached property set apart for this especial purpose. The building, though only one-story in height, is very large. h is of pure mission architec- tureas to its external appearance, but its interior is planned with reference to the demands of up-to-date education. Here, under the leadership of a corps of capable educators, the youth of National City and vicinity acquire thorough academic instruction, fitting them for entrance to the leading universities of the state. (d Two other schools of primary and intermediate grades, are located nearer Olivewood Terrace, with distances easily covered by very young children. q As regards religious education, National City is remarkably favored for a community of restricted population, having nearly a dozen societies, repre- senting numerous denominations. Among these are Baptist, Congregational, Catholic, Episcopalian, Methodist, Presbyterian, Spiritualist, and other church organizations. Q A public library, containing a large number of volumes, is cne of the features of this enter- prising community, also several clubs, representing musical, social, scientific and civic interests. Most of its residents own their properties and are people of culture and refinement. • From Marketing Brochure, 1912 �1� State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 14 of 23 *Recorded by Pamela Bensoussan Vomen's Club Housr. Olivewood Trrracr E *Resource Name: Cornelia McKnight House *Date October 5, 2006 ?{ Continuation _ Update N V I R O N M E N T S : No pen picture can give to anyone the faintest idea of the attractions of Olivewood Terrace as a site for one's permanent home. Only a visit to the tract can convey an intelligent impression of the nature of the soil, the accessibility of the location, the beauty of (he scenery and the high quality of environments. Q Olivewood Terrace lies between 24th and 30th streets, National City, and extends from J to N avenue. Ex- cept on the northwest corner, where the Terrace is intersected by the electric railway, running en contour across that portion; the blocks are uniformly rectangular in Form, and all lots are of approximately the same size. al To the north and west of Olivewood Terrace, separated only by the intervening street. is an avenue of marked beauty. Here are the splendid residences and cultivated lawns and orchards belonging to Messrs O. C. Noyes, Capt. R. K. Clark. F. R. Holt, John E. Boat, George B. Winship. Q No attempted de- scription of the attractions of these charming places can do justice to them. One must look through the long vistas of gigantic palms, with their waving fronds fanning his cheeks, to get the effect of the landscape gardner's art as here presented. (I( Then, on the west, is Hillcrest. and the pretty bungalow home of John Burnham, also the attractive property of W. C. Kimball, holding the club house built for the Women's Club and dedicated to the memory of Mrs. Flora M. Kimball. Bungalow of John [lurnhnm. Oli•+rwoorl 7rrracr From .k arkvtnno Rrnwhury 1912 Oliwwou' I 'errac State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 15 of 23 *Recorded by Pamela Bensoussan • N.tional City Fir,. Drpa-o,.ni, No. I *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update Naiionai City State tSai,k CONVENIENCES : At Olivewood Terrace, the morning daily paper is delivered be- fore breakfast and the evening papers are ready for perusal at the six o'clock dinner hour. The tracks of the San Diego Southeastern Electric Ry. wind through the subdivision and are only a few rods from the most remote lot in the tract. q Olivewood Terrace is on a Free Rural Mail Route, with prompt and reliable daily delivery. (I Representatives of high-class grocery stores solicit orders in the morning of every week -day, and make de- liveries of merchandise in the afternoon of the same day. Butchers, bakers, laundryrnen, greengrocers and icemen call daily. q The roads in the vicinity and the main highway leading to San Diego, are excellent and always in good condition. (I National City has two banks, a Board of Trade and several fine stores, with excellent stocks of merchandise, q Fire protection is very good. National City, in whose limits Olive'nood Terrace is sit- uated, has a first-class chemical engine, manned by a capable, well equipped and thorough- ly drilled fire department. Street hydrants are numerous and well placed and the water pressure is strong enough to afford satisfactory protection at all times. In short, at Olive - wood Terrace everything necessary to a modern home equipment is at hand, while IiFe in the country is a most desirable and enjoyable adjunct, with land at about 25% of what it would cost in San Diego. . From Marketing Brochure, 1912 State of California The Resources Aeency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 16 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update ..repo g«.-..c Osee, OLIVE OIL MILL AT THE FOOT OF 23RD AND CLE VELAND It was eseoblished by Fronk Kimboll in March, 8887. A little man with big ideas fmtinued fmm pofr fn Interested in fruit growing at an early age. His early diaries note that be wos reeding honks on the composition of sobs and botany. When he came BMtt M brought along a ui dartamt;-;tipple The Kimbolls opened an olive oil plant and took (Irst prices in many big fairs with their "Ki mbo it's Virgin Olive Oil". Kimball also was known fora tremendous amoslet of research on. civueay trulte but. fairs was taken to other county and state fairs. then in 1884 to Philadelphia. In 1885, Frank and Warren Kimball took 6S oases of fruit to display and sell to other orchardists at the New Orleans Gatos Centennial, cr or horticulture for California. SAN DIEGO County appointed him as representalive to the Chicago World's Fair In 1888. but he was deep in flaanclal trouble so Warren and _b8.- wife Gracious living Olivewood style... Olivewood was o dream houzo come true for Notional City pion eers Warren and Fiero Kimball. They located their ostote on 'Highland Aviywe. whore it was fomod as c "horticulturist's dieom". The grounds wares grateful melange of wild, exotic plants and the interior of the house wos equally unique. Kimball, who corned his substantial profits from a successful elop- ing mill operation, comploled his homy with the dorm -wive wood work that was o Company 1p tciallly, With luxury woods. KImholl created graceful mahogany banisters. parqunted floors and wainscoted wolls.Other furnishings the couple chose for their home contained the motif of elegance. Aide from some of the area's finest furniture, the Kimbaffs wore, especially proud of some more sensational Olivewood items inctud• ing o white Corroro marble mantle and o parlor mirror with gold leaf home. the 011vrwvoo,i estate was razed oftor 'WWII but lit, heriloge of the fine house was a la'.1 monument to the groriovs living of o bygone era, State of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 17 of 23 *Recorded by Pamela Bensoussan :-6 *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update -� -- MCHIJIGHT SISTERS HOUSE -louse of the week Jpen house today at 2824 L Ave., National City Tiu, Srar-N$;wsi Stnx4ry OCIOi n.! !I. 1,114;t While manyhouses ' change families as often as children change'clothes, one house in Na= tional City has known.only three families in its 71.-year history.. The four -bedroom, 2,500-square-foot house. at 2824 L Ave. was built in•1912 for the McKnight sisters. Cornelia McKnight was a Latin and English teacher at Sweetwater High School. When the sisters died the house was bought by an unindentified family. Following that family, the house was bought by Louis and Kathyrn Eskiborn, grandparents of its current owner, Jim Daniels. The old, white -framed house, which has been kept in excellent condition, features hardwood floors, and mahogany wood- work, beams and wainscoting. A Mahogany and lead -glass hutch spans one wall of the bay - windowed dining room. A.large bay window brightens one of thefour upstairs bedrooms. Another bedroom opens onto a sundeck. The upstairs bathroom has been remodeled in natural woods. An old Claw -footed bathtub remains. The kitchen has been remodel- ed andupdated with built-in ap- pliances. A breakfast room off the kitchen featuresa win_ do*seat. 'A second windowseat can. be found in an alcove off the living room. A sun -filled service porch opens onto a. veranda -type rear porch, which in turn opens onto a quarter -of -an -acre lot of manicured lawns, fruit trees and pepper trees. The house, priced at $138,000, is listed with Century 21 Don Bickel Realty, with Nonna Wachtler as the listing agent. An open house will be held today from 1 to 5 p.m. State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# APPENDIX Trinomial Page 18 of 23 *Recorded by Pamela Bensoussan *Resource Name: Cornelia McKnight House *Date October 5, 2006 X Continuation _ Update 1939 Aerial View showing portion of Olivewood Terrace and 2824 "L " Ave (above) Sweetwater High School (center and belo)4) ,+Lthi--DIEGO CO. CALIFORNIA LASS a SHAPE CONSTRUCTION Jr , Si - iRCHITECTURE S a TYPE use Double x Des; <n • • Gm. v.Val. l <e.,.• STRUCTURAL 11111221•Iniatil EllEMEIZziarsinieri • EIZZIEMiti® Sub-Standord Standard A bore-Standord FOUNDATION FEFIZZMEN • •aor ® ■ Du •!el Fiat-Cowl 5.to ie! n Cecre,e .Reinforced Viers Concrete Block ras Heov CONSTRUCTION RECORD Per., No For A moon+ Appraiser 8 Date Unit 1-1 TOTAL Y Sub -Floor insulated Wo/!s Dote EFFEC. YEAR 74G NORMAL Hip Dormers Raft 'x _ „ rifr Shake Campo. Jhingle GOOD A Conduit Cheap Special Water- Softner RATING EXTERIOR Stucco on Stone Screen APPR. YEAR .,...va.,Yv .l.—Vp #glI 011Ccr — ADDRESS Z . 2- 4 . , A F DESCRIPTION OF BUILDING ROOF Goble _/ M x LIGHTING (EGAF °�h° ' 'P� BATH DETAIL �jj�WI ®®� Con- Saro.e S..c<Work- FINISH '4LL ' '6.form v� nshp FL0 P000rs Wo lts WI. FIXTURES SHOWER moriffiari o rob r e Grade st ,,.� AIR yr CONDITION Gravity Humid. All Wolf Unit Ent Hall Floor Unit Living Zone Unit Oinin. sHttIS PARCEL •'• ROAM AND FINISH DETAIL FLOORS FLOOR FINISH 0� Geode TRIM Bed NEI ®reun%A EZESSIMiampaingilS• Drain ad. 2 Materlcr O INTERIOR Wells L FINISH Ceihn L .11 717. 1 COMPUTATION rr a BIZZIMMINIZZIRMI IMMINIUM IIIMIIIIMMIEME' Mimminamon ?5 4/ 360 NORMAL % GOOD R.C.L.ND ♦ - II S-56 A 3- Li SPEC AL FEATURES Buell /n Rerrrq. •, Oreree OrahurCsher Coat Venetian Blinds i Cost 1111111111...1 nral Cost cjt,D, . g. *Resource Name: Cornelia McKnight House 1 ' --L - ' -'- -- 1- 4. • - .-.1- : • . ',, -', r i 4 t -1 i _ri i f.'..- i. 1 ! 1.1' 1 1 , ' -, • .•-, H• ,••4-. 4. ,r.--t .-,-.., •-•-r--- , -- , -‘--1- 1 ''---.1 - ' -r-,--t- - ,-, 1...F. ......t...,. ..... • : 1.-1--,-1 ! , • r i , -i • 4 '. , 4._ i • I: I , • 4 ',.. ... - . • --k '. • ' ' 1 ' ' ....'44 ,i''4 ' ; ' • .... .... .... L.. . • • ' j ' • i / L, 1 ' ' . • • • ' 1 ...'• r • • '• 1.. •• • ..• •• a - - — C 4 L • ! ' , -, . , '. ; . . ' , i . !, ...,1 -. .-._.- .. ,. --, -—i-1—r -i -1- HI 1 , -, . • • , , ... . • . , ! 1 ."-- . . ,..,1 .1.i- . , , 1 Ir-t.'"I's- -1- r-'--r- t-r_j• i. t, ...,! ...,,-, 1 ,..... c. ', t--1'.. 4-7" , t--4 4--,- t- t --t•-• -, T 1 '.-", , ,, , . , j. I I ,U.JJ., I I ' i , , L lt:01 , 4- . C,1 - - , --, , - , y , . , t-- ,-,--1 t -.; - • t . 0.) . -- 4- '. ' -j - " '''' --7----4-:' • ' ' : 'd-4 r• 1 :i• th------ — r ' . , ,..., 4.. ...!... ....1.', .• i. —•.', ' • 4. , ' • `• . a., . .. Structure mi5ceLLANtUu5 57 filiC7URES Found r Cons. Ext C?-.1 C., •-• Roof Floor Int -70 / COMPUTATIONS ,-,r?or...s- Y v cp • .• -7c.-/ S - ';'?.-'?" • Remorks 1 /-o <, Z.C, /1(07 ta.c`,;;-, /0- 7-4•i"- State of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRH/ Trinomial Page 21 of 23 *Resource Name: Cornelia McKnight House VMS zumenV1R, cads this 23th dsy of Time. A.D. 1913. by end between union Title end Trust cowpony, a oorporation, orgard,ed and n4stjoj under the lawn of the Stitt* of C$2ltornia, th, party of the first pert, and George D. Dliieint.ind Bate s. At••int, husband and rife, thr potty of .the ••0o1142 part, as Joint tenants and not as tomato in eoamon, •12111183T11: That the said petty of the first .part, in ornsideation of the sum of Ten Dollars. door hereby Rant unto the said party of the s•eo.d pert, upon tiro sandltias heronsafter est at, all that retain r„I•Droperty ytw't.a bi the City of National City, County of San Diego, bt►t.— fOtbfernfa,.-Ageribn- nfollsrit to -sit: Iota '2evea (111 and Twelq (18) in 'nook lac '.(4) of 0111bood TacraMt y short one delineated oo the map thereof filed In tbo-Coatr DeporoQ .a offj so of said County on the 8th der of *trek 1e13, ind reiabar•d 1342 of Slope filed id Wald offie*. Thi. deed 1s made end eoo•pt•d upoo.-the following oonditions sube•quat, to -sit: 1. That said property *hall be • need for•residMOa put pea.. only ad that :two* .ha111Nt > .away thin oae-*irate z•.(d�na. j thereon AC:*.tile. tile; _. ,That' tie' bulldrag ei atrubtnre pe't►iniag to. mr foe ilia •oss(i.t Of aq:.. k.n4of deamig-elp. buslaesa ahr111 b•-srotsd ar5ylio'id "an�.akid pro t? tr ban `►11eNL iiwvaj mod'no ,tsnaeoat, lodddk'lou.o, . mlleeltaent henK, 1L.S, hAU2, .stare or faetory..ball be-s.etid, plivad or'rta .. ta.ea ae'ald seyisy. 3. ',chat no r..1d•nee et' dsilling ideal De litiegd en eatte pYpporty the Goat of mhioh shall be loos than $2.000. 4., That all plans of building' and loea Lions thereof, -*other reeid ne.., gar - :agog, 'Ass or annex*, of any kind, shall ban erbaitt.d to th• eeehlteot of 'an Diego S.onrlti.e Company. a corporation, of San Diego. California, before weak on suoh bulletin .1s begun. 6. That the front line of alp resldeno• or dwelling, ioolndint poreh and piazza, but not inoktetng stops, shall be plaosd on a 11ns not loss than twenty -firs :foot from the noareet point of the front lino of sal d property, the frdlt line of sold property being the boundary line betar•m said property and Om .tr..t upon whioh It fronts, and no building or addlt fon or annex to aiy building shall be platted or et ooted an said lot nearer the front lino thereof than twenty -firs foot. 8. That no in toxiosting liquors of any kind or oherbter shall be sold or par_ . aitt.d to be sold an said property, end that no saloon shall ever bs .aint.in.d or kept thereon. [State of California The Resources Agency =2PARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 22 of 23 118 *Resource Name: Cornelia McKnight House ?, That no fence, rolling at hedge eve thirty Inches r hoight *hall be pareittsd hl front of the twenty-five foot building lino eetablishod, as of aosald, nor *hall say tone*, railing or bodge be over sixty inohos in height in roar of said line. Upon the brooch of either of soy of th* fancier onnditions the ti tie to said property hereby convoyed, and the *bola thereof, shall beoom* at oneo diVuted from th* said parties of the eeuMd part their hdre or medians. and shall covert to and retreat in the said purity of the first pert, its suoosssora or aeaiin■. and the said party of the tlr.t part, Its suoeeeaore and assigns. 'hall b* entitrad to the iaa1diate pPS.Isien of said premises sod my re.entar and tales poeussion thereof and the send parties of the u*nnd part their heirs sad assigns till peeee►14 and quietly surrender the po ion of tha same to the said party of the first part, its eueaeoacs* or assigns. To HAVI AND TO HOLD. the above granted and &**cribs& prim or unto the said grentsos 11 Joint tenants. end to the sorVi+err of thsa and to tha heirs and asargns of pooh survivor forever. upon and subfset to the fs.going °auditions. lad sub,joot aloe to Us* .*.*meet end right heretofore Ranted by the sber.-named greats. to Lho San Diego Ca°olidatsd Oa: and glutei* Osap5 yy, a ootparmtien,- Its sneaNsors, seal ass sad noon - sea*, to ewstruot, lsaintain, rives and us* electric. end telephone lines and woes upon roi.e and in conduits en, ore and .crop* the. rear six root of said bt. . Ill *IT'ingg 1M1160177, the Gard pasty of the firet pet has oases& taleindenture to to eoiepoted in Its oorpersts name b its Preneldont and attested with its corporate seal by its Boeretaty. tit* day and roar first above Written- UNIOH T1TII AUD TI:JST 0lUPAlir, len 21 t1a and Ds :no. f. Porward, Prooieent. (air �ust CIoc.0s Attssti Jae. D. forward, Dooretary. lnoorp*rstsdi NpMabor gtp 1pGb• gtato ee Oa1,ornial County of San Dino. on this 21 day of Jun., A.D. Pi..teee Modred and thirteen. before me, Ntohaal .aren_•e^_, n ^atnry Pek.11e, in end fs' a to Cefints. rseiding thirties alb evaeleslen.d 4y .s'F Y ra Paraj'peea�� d' . n , a• th. aseidiat las Ieelrjetett, •rA�vi'�re-i:'r t�i: ire xtto,..�A.�.` ac4- a t,uied time *ii isin'i6r:vmahe. . t i4V. psaa. .x.e,ie.A `5*. ions. �... it t't rAsktisp, i der"o'hliraw5IS i'Y'k'iy 1{.1. ...iffaeeri' oiiaei l i.i3."t a0r Ono., ii 0an• liSio,.:0ouotr of ran Diego, ifit. of d►alt.<aii, t ....;;. iiss. i.tr id thie oertiflett. riraeitov. written. Recorded at Request Tee 81.70. 1h ohael for. is i, notary PDX* in and far the County of gun Diego. 8tat. of CAlltoT ni ►. 0tee, an TS,1913. At 09 age. pest •10 e'olook, l.L. John H. Terry, County Reoorder. Dy T. A. T., Reoordar. N. State of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPENDIX Primary # HRI# Trinomial Page 23 of 23 *Resource Name: Cornelia McKnight House f ez C WART W. TOCD, a d C-.)0O� rum and Ln oonsidoration of the eof TM410.00) DOLLARS, v � J DO HESEBT GRANT to HANS OREISTBNSRI end ObNST SOS Y. OBRISTRNSEN, Bus- 11.0 , 7� ' LI W.) hand and site, se Joint tenant.., rid ( ALL TH1T BRAD PROPERTY Situated In Oily of Bast San Diego, County of ii eau Diego, State of California, bounded end des9ribed ae follows; r- iots Piro (6) and Six (6) in Bleak dine 'FARM (9) Of 'FARM o , aeording ! IH 1 to Yap thereof, Po. 138S, filed in the officeof the County Beoomdor of Said San Dloge County, October 6th,1911. \ f WITNB98 wy hand and seal this Sighteanth day of January,19E1. ; C eh Signed and Executed in prosenao j Mary W. Sodde (3en1) ' `C of I) ,Mi a 1, a 1 s se State of 0altfornia, County of San Diego, se. on thin Eighteenth day of Jannary,1921, before me, H. C, Park, a Notary POhlin in and for' said County and State, personally appeared Wary 1. Todd, known to no to be the perann shoe" name is enbsoribed to the foregoing instrument. end e0kualladged to me that she executed the eamo. RITB335 my hand end official seal the day and year in this Certificate first "bore written. H. C. Park, Notary Pwblle in and for said County and State. Reoordad at Requsat of Rank of La West, Jan.27,1921. It 34 an. past 11 ....Pleat A.W. 2181 John H. Perry, County Recorder. By R. C. Parsons. Depaty. Fee # .90 ------ -_-0000000--____-_ EIRRr 3. GIBSRROR and IDA E. G13383ON, husband and wife, ?OR end in consideration of the sum of rem Da1LLARS, DO RREEBY CRARY to CORBEL/1 R. No0NIGHT, JESSIE NoENIGBT, and WARY RRBRCCA Wo2night, as joint tenants, ALL THAT REAL PROPERTY situated in the City of Rational City, County of San Diego, State of California, bounded ant deearibed as follows: Lots Eleven (111 and Twelve (12) in Bloot Pour (4) of 01iyesood Terrace, ac- cording to the map theroot No. 1b42, filed in the office of the County Recorder of said San Diogo County, Yarob A,191s, 8ITNESS our hands and seals this 2Oth day of Ncrerber,1920, Signed and Executed in presence ) Harry R. Gibeison, (Seal) of ) Ida E. Cit.-non, (Seal) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City of National City Designating MBIA MuniServices Company and Hinderliter DeLlamas and Associates as Authorized City Representatives to Examine the City's Transactions and Use Tax (District Sales Tax) Records PREPARED BY EXPLANATION Leslie Deese -- DEPARTMENT City Manager's Office (619) 336-4242 Tess Limfueco 1 Finance Department (619) 336-4330 Pursuant to Resolution 2006-167, the City Council authorized access to Transaction and Use Tax (District Sales Tax) records under an Agreement with MBIA MuniServices Company. National City has a separate Agreement with Hinderliter, DeLlamas and Associates (HdL) to provide sales and use tax audit and information services. It is appropriate to authorize HdL access to the separate Transactions and Use Tax (District Sales Tax) records in order to have a complete audit and analysis of the City's sales tax data. It is appropriate at this time to also authorize users: • City Manager •Assistant City Manager • Finance Director individuals appointed to the following positions as authorized • CDC Executive Director • Financial Services Officer • Senior Accountant, Revenue & Recovery Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L1..Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2007 —103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING MBIA MUNISERVICES COMPANY (MBIA) AND HINDERLITER, DeLLAMAS AND ASSOCIATES (HdL) AS AUTHORIZED CITY REPRESENTATIVES TO EXAMINE THE CITY'S TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to National City Resolution No. 2006-135, adopted on July 18, 2006, and Section 7270 of the Revenue and Taxation Code, the City of National City ("City") entered into an agreement with the State Board of Equalization to perform all functions incident to the administration and operation of the Transactions and Use Tax Ordinance; and WHEREAS, the City deems it desirable and necessary for authorized representatives of the City to examine confidential transactions and use tax records of the State Board of Equalization pertaining to transactions and use taxes collected by the Board for the City pursuant to that contract; and WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the transactions and use tax records of the Board. NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the City Manager, Assistant City Manager, Finance Director, Community Development Commission ("CDC") Executive Director, Financial Services Officer, Senior Accountant -Revenue & Recovery, or other officer or employee of the City designated in writing by the City Manager to the State Board of Equalization (hereafter referred to as "Board") is hereby appointed to represent the City with authority to examine transactions and use tax records of the Board pertaining to transactions and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the City's transactions and use taxes by the Board pursuant to the contract. Section 2. That the City Manager or other officer or employee of the City designated in writing by the City Manager to the Board of Equalization is hereby appointed to .represent the City with authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the City: a) City administration b) Revenue management c) Community and economic development d) Business license tax administration The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above. Resolution No. 2007 — 103 May 15, 2007 Page 2 Section 3. That Hinderliter, DeLlamas and Associates (HdL) and MBIA MuniServices Company (MBIA) are hereby designated to examine the transactions and use tax records of the Board of Equalization pertaining to transactions and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing Agreement with the City to examine those transactions and use tax records; b) is required by that Agreement to disclose information contained in, or derived from those transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information; c) is prohibited by that Agreement from performing consulting services for a retailer during the term of that contract; d) is prohibited by that Agreement from retaining the information contained in, or derived from those transactions and use tax records after that contract has expired. BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of the City's transactions and use taxes by the Board pursuant to the contracts between the City and Board. Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the City of National City adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2007 AGENDA ITEM NO. 14 ITEM TITLE: Resolution amending City Council Policy #804 in regards to City Support for Special Events PREPARED BY: Rudy Lopez? DEPARTMENT Community Services (619) 336-4560 EXPLANATION: At the May 1, 2007 City Council meeting, Council asked staff for recommendations concerning City co- sponsored events governed by Council Policy 804 regarding City Support for Special Events. After conferring with administrative staff at National School District, National City Middle School, Granger Junior High School, and Sweetwater High School, staff recommends the following additions to Attachment A on page five: • Inclusion of annual Sweetwater High School Graduation in the Spring. • Inclusion of annual Sweetwater High School Homecoming in the Fall. Environmental Review N/A Financial Statement Revisions would result in support to additional City co -sponsored special events of up to $1,500 per day. Additionally, the City would absorb an undetermined amount in police costs for said events. STAFF RECOMMENDATION Approve the resolution amending City Council Policy #804 in regards to City Support for Special Events. BOARD/COMMISSION RECOMMENDATION N/A „fTACHMENTS (Listed Below)11/4 Resolution No. 1. Proposed City Council Policy #804 2. Resolution RESOLUTION NO. 2007 — 104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NUMBER 804 PERTAINING TO THE CITY'S POLICY REGARDING CITY SUPPORT FOR SPECIAL EVENTS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 804, entitled "Policy Regarding City Support for Special Events", is amended as recommended by the Interim Community Services Director. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR May 15, 2007 REVISED: Page 1 of 6 BACKGROUND: The City Council is concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgeted and is provided through reductions in the level of service for budgeted programs. The Council also recognizes that special events are a major part of that special lifestyle that defines National City's history and makes our city unique. DEFINITONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades. b. Public concerts and other community cultural events. c. Demonstrations. d. Circuses. e. Fairs and festivals. f. Community or neighborhood block parties and street dances. g. Mass participation sports (marathons, bicycles races and tours). h. Film making activities. i. Public speaker events. 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: May 15, 2007 Page 2 of 6 City support includes but is not limited to: a. Special Event permit processing. b. Police services. c. Sanitation and cleanup. d. Maintaining access for emergency vehicles and provision of medical care. e. Street closures. City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501 c3) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or assigned representative. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: May 15, 2007 Page 3 of 6 POLICY: 1. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager upon City Council notification, may provide reasonable City support of up to $1,500 per event day to non-profit special events that benefit National City residents, which are listed in AttachmentA and are considered to be City co -sponsored annual events. Additionally, the City shall absorb police costs associated with said events. The City Manager shall notify the City Council of upcoming events on a monthly basis. As a City co -sponsored event, organizations shall prominently place the City's Togo in all advertising materials promoting the event. 3. It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community - wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a monthly basis. 4. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. Such revenues will be deposited into the City's General Fund. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR May 15, 2007 REVISED: Page 4 of 6 Proceeds from a special event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in loss of deposit and may jeopardize future use of City facilities. 5. It is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. RELATED POLICY REFERENCES: City Council Policy # 704 - Limitation on City Approved Special Events Within the City City Council Policy # 801 — Field and Facility Rules and Regulations City Council Policy # 802 - Use of the City Mobile Stage and Equipment CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: May 15, 2007 Page 5 of 6 Attachment A NATIONAL CITY CO -SPONSORED EVENTS Event Title Non -Profit Organizer Chamber Installation Dinner N.C. Chamber of Commerce February Cinco de Mayo Fair S.D. Tijuana Boarder Initiative May World Asthma Day Paradise Valley Hospital May Sweetwater High Graduation Sweetwater High Spring Filipino Parade and Fair Council of Philippine American June Organizations (COPAO) Miss National City Pageant July 4th Carnival Taste of National City Auto Heritage Days Relay for Life Salute to Navy Sweetwater High Homecoming R.O.T.C. Appreciation Community Concert Band Series (up to 4 concerts Annually/ per event) National City Host Lions Club N.C. Chamber of Commerce N.C. Chamber of Commerce American Cancer Society N.C. Chamber of Commerce Sweetwater High Sweetwater High School ROTC N.C. Community Concert Band. Miss National City Pageant June/July July August August August October Fall December Quarterly CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: May 15, 2007 Page 6 of 6 ATTACHMENT B NATIONAL CITY SPONSORED EVENTS Event Title City Department Memorial .Day Event Community Services May International Fair & Parade Community Services July National Night Out Against Crime Police, Community August Services, FFA Chili & Salsa Cook -off Library September Pepper Park Summer Concert Community Services September Public Safety Fair Police, Fire, Community October Services Veteran's Day Memorial Community Services November CITY OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 15 ITEM TITLE Time Extension Request — Tentative Subdivision Map and Conditional Use Permit for Seven Condominium Units on the South Side of 16th Street, Approximately 200 Feet West of Rachael Avenue (Applicant: Augie Bareno for ABCO Consultants) (Case File No. 2007-29 T.E.) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION In April 2005, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for a residential condominium project at 3102 East 16th Street. The project includes seven (7) two-story townhome units, each with attached two -car garages. The development will include a shared driveway along the east property line and an additional three guest parking spaces. A Condition of Approval also required a dedication along 17th Street of 20-feet to allow for future improvement of the street. All Tentative Subdivision Maps are approved with a condition allowing the applicant two years to finalize the map. As no Final Map has been recorded for the approved project, this Tentative Subdivision Map would have expired on April 20, 2007 unless extended. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The owner is currently requesting an extension of the Tentative Subdivision Map and Conditional Use Permit for the project. The applicant has been working with City Departments on completing the Final Map but still has some conditions to meet, primarily dealing with Sweetwater Authority. This extension is needed to allow them the opportunity to complete the Final Map process (see attached letter). Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION KC Staff recommends that the expiration date for S-2004-11/CUP-2004-21 be extended by one year to April 20, 2008. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution No. 2005-76 2. Location Map 3. Applicant's letter of request A-200 (9/99) RESOLUTION NO. 2005 — 76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SEVEN CONDOMINIUM UNITS ON THE SOUTH SIDE OF 16TH STREET, APPROXIMATELY 200 FEET WEST OF RACHAEL AVENUE APPLICANT: AUGIE BARENO, ABCO CONSULTANTS CASE FILE NO. S-2004-11, CUP-2004-21 WHEREAS, application was made for approval of a tentative subdivision map for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue on property generally described as: Lot 222 of Lincoln Acres in the City of National City, County of San Diego, State of California, according to Map thereof No. 1748, filed in the Office of the County Recorder of San Diego County WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearings held on February 7, and continued to the meeting of March 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on April 5, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-11 and CUP-2004-21 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map and conditional use permit for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue, based on the following findings: Resolution 2005 — 76 April 19, 2005 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since seven new homeownership opportunities will be created on an underutilized commercial property. Additionally, the portion of the proposed project within the CL zone has a density of 17.8 units/acre, which is consistent with the residential use and density of 22.9 units/acre allowed in the Limited Commercial zone; and the remaining portion of the proposed project within the RS-3-PD zone has a density of 13.4 units/acre, which is consistent with surrounding uses and densities in the same zone. Finally, there are no applicable specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to and be compatible with the urban character of the area, and there will be adequate screening and separation between the proposed residential and neighboring commercial uses. Also, there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the attached two-story units will be located on the property with sufficient setbacks, and off-street parking, and open space provided, and the higher density is compatible with nearby commercial and multi -family housing. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. Resolution 2005 — 76 April 19, 2005 Page 3 The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 19,503 square foot property can accommodate development of seven residential units, with two -car garages, 3 off-street guest parking spaces, and private patio/yard areas. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generatedby the proposed use, since le Street, a collector street with a capacity of 10,000 average daily trips (ADT) and a volume of 8,000 ADT, and other nearby local residential streets have sufficient capacity to absorb the negligible increase of approximately 47 ADT. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed development will enhance the appearance of the mixed commercial and residential intersection. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will create additional homeownership opportunities suitable for families on an underutilized commercial lot. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities and the infill development of vacant commercial properties with residential projects, which the requested exceptions facilitate, and since, the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. Resolution 2005 — 76 April 19, 2005 Page 4 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for seven condominium units on the south side of 16th Street, approximately 200 feet west of Rachael Avenue, is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize a one -lot subdivision with 7 condominium units on the proposed 0.44-acre lot. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A-2nd revision, B, and C, Case File no. S-2004-11/CUP- 2004-21, dated 2/21/05 and 1/20/05. 2. The Conditional Use Permit and Tentative Subdivision Map shall not be effective, and grading and/or building permits shall not be issued until the zone designation affecting the property is changed to Limited Commercial (CL). 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 4. The proposed trash enclosure to serve the units shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 5. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. The CC&R's shall contain a provision limiting the use of the garages in the project to the parking of motor vehicles only. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as Resolution 2005 — 76 April 19, 2005 Page 5 to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 7. A screen wall/fence, consistent with City Design Guidelines, shall be constructed along the property line separating the commercial use to the east from the proposed residential development. 8. Plans shall be adjusted to include a second window in the master bedroom of the three interior units (#2, #3, and #6) with exterior architectural features consistent with the remaining units. 9. A residential fire sprinkler , system is required to serve the proposed seven residential units, subject to review, approval and/or modification by the Fire Department. 10. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 11. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. Any grading work on the adjacent properties will require a letter of permission, slope easement, etc. from the property owners. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertakenin accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUMP) are available at the Public Works Department. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. Resolution 2005 — 76 April 19, 2005 Page 6 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. Street right-of-way shall be dedicated to the City on 17th Street (66' X 20') and will be shown on the final map. 17. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way; and any grading construction on private property. 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours. 19. Street improvements shall be in accordance with City Standards. A Covenant Running with the Land (standard form available at the City Engineer's Office) shall be signed by the owner for all missing street improvements (66 feet of curb and gutter, 66 feet of sidewalk, and 66 feet x 20 feet of street) on 17th Street. The improvements shall be assured by the Covenant Running with the Land in a manner subject to the review and approval of the City Engineer and City Attorney. The covenanted work shall be performed when the City of National City determines to install the street improvements along 17th Street. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. (.J Resolution 2005 — 76 April 19, 2005 Page 7 21. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 23. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 24. AN utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 25. The final map shall be recorded prior to issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. 27. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 28. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 29. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 30. The owner shall coordinate with Sweetwater Authority (submit a site plan showing actual facilities, street improvement plan, irrigation plan, fire flow requirements and fire service plans, and a plumbing plan with a fixture -unit count) before an estimate for water facilities can be prepared. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. Resolution 2005 — 76 April 19, 2005 Page 8 31. Before this Tentative Subdivision Map/Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning .Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map/Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map/Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Planning Director prior to recordation. 32. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Conditional Use Permit shall expire concurrent with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 19th day of April, 2005. Nick ATTEST: APPROVED AS TO FORM: Mic ael Dalia, ity Clerk George H. Eiser, III City Attorney PROJECT LOCATION CITY BOUNDARY N LOCATION MAP Time Extension request for a Tentative Subdivision Map and Conditional Use Permit for 7 Condominium Units at 3102 E. 16th St. 2007-29 TE NATIONAL CITY PLANNING DRN. DATE: 4/30/07 INITIAL HEARING: 5/15/07 April 20,2007 Roger Post ,Planning Director City of National City 1300 National City Blvd National City,Ca Dear Roger As per the attached E-mail from our engineer Victor Rodriquez to Adam in the Engineering Department,we are hereby requesting a formal extension of our parcel map for our development of the H&H Condos located at 16th and Harbison. We need additional time to complete our development review with Sweetwater Authority. Thank you for your consideration. roperty owner L! Adorn Landa From ent: -abject: vodriguez@caniusa.net Friday, April 20, 2007 2:31 PM Adam Landa S-2004-11 16th St Adam Tentative map expires today The map mylars were given to you and all corrections done If you think we still need an extension this is a request for it Please advise Victor Rodriguez Sent from my BlackBerry® wireless device City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 16 / ITEM TITLE WARRANT REGISTER # 40 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Tess E. Limfueco 619-336-4330 Ratification of Warrant Register # 40 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Dire.; o Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,336,901.16 BOARD / COMMISSION RECOMMENDATIO G6�natcl ATTACHMENTS t Listed Below ) 1. Warrant Register #40 2. Workers Comp Warrant Register dated 4/4/07 3. Payroll register dated 4/4/07 Resolution No. A -Pao (9.991 PAYEE FOLSOM LAKE FORD A-1 HYDRAULICS SERVICE INC ACFEI ADAMSON POLICE PRODUCTS ALL AMERICAN SEWER TOOLS AMEDEE MEDEE BANK OF AMERICA BEST BEST & KRIEGER LLP BLACKIE'S TROPHIES AND AWARDS CA MUNICIPAL TREASURERS ASSO City of National City WARRANT REGISTER # 40 4/10/2007 DESCRIPTION 2007 FORD CROWN VICTORIA POLICE POWER UNIT REPLACED MOTOR MEMBERSHIP RENEWAL-CONDON SAFETY VESTS AND COVERS TRAINING HOSE SWAGING MILEAGE EXPENSE/AMEDEE W. MILEAGE EXPENSE/AMEDEE W. CARD RENEWAL- MEEKSBAVENCOFI 214121 LEGAL SERVICES MOP 67727 ENGRAVED PLATES ANNUAL MEMB DUES G. HOOD CALIFORNIA COMMERCIAL SECURITY MOP 45754 PIN NEUTER CALIFORNIA RESERVE PEACE CEB CEB CESNAUSKAS CINGULAR WIRELESS CITRIX ONLINE ,NSTRUCTION ELECTRONICS INC. CORPORATE EXPRESS CRAWFORD LEGAL SUPPORT/MEMBRSHIP FEE CA LAW OF CONTRACTS JEFFERSON'S CA EVIDENCE 2007 125 PLAN REIMBURSEMENT MONTHLY SVC 130-205-0122 2/21-3/20/ ONE TIME SETUP FEE-1 YEAR TERM MAINT CONTRACT- APRIL 2007 MOP 45704 GREGG REFERENCE 125 PLAN REIMBURSEMENT CHK NO DATE 214114 4/5/2007 214115 4/10/2007 214116 4/10/2007 214117 4/10/2007 214118 4/10/2007 214119 4/10/2007 214120 4/10/2007 4/10/2007 214122 4/10/2007 214123 4/10/2007 214124 4/10/2007 214125 4/10/2007 214126 4/10/2007 214127 4/10/2007 214128 4/10/2007 214129 4/10/2007 214130 4/10/2007 214131 4/10/2007 4,625.00 214132 4/10/2007 214133 4/10/2007 214134 4/10/2007 AMOUNT 120,800.38 233.75 145.00 719.31 300.00 12.13 12.13 50.00 6,042.00 8.70 150.00 47.31 648.00 210.63 142.02 368.00 536.06 843.55 1,234.44 45.00 1 DANIEL PEARCE/ RPM WELDING DIXIELINE LUMBER CO. EISER 1I1 EL TOYON ELEMENTARY PTO EMPIZO ESGIL CORPORATION FIRE PREVENTION SERVICES INC FIRE PREVENTION SERVICES INC GRAINGER GTC SYSTEMS, INC. HARD COPY HARRIS & ASSOCIATES HEARTLAND FIRE TRAINING HOME DEPOT/GECF I.M.P.A.C. GOVERNMENT SVCS INFRASTRUCTURE ENGINEERING IPMA HR JAS PACIFIC, INC. LIEBERT CASSIDY WHITMORE LONG'S DRUG STORES LOPEZ MAGGIORA MAINTEX, INC. MATTHEW BENDER & CO INC MAYER REPROGRAPHICS METRO FIRE EQUIPMENT MILE OF CARS ASSOCIATION MORGAN SQUARE, INC. MOP45749 REPAIRS -VACUUM TRUCK MOP #45707 PLUMBING SUPPLIES MILEAGE EXPENSE/EISER G. SCHOOL YEARBOOK 125 PLAN REIMBURSEMENT FIRE PLAN CHECK SRVCS FEB'07 FY 06-07 APPORTIONMENT #8 FY 06-07 APPORTIONMENT #7 MOP65179 REPAIRS-KIMBALLPARK PROFESSIONAL. SVCS CLAIM COSTS RAZO VS C OF NC DEPOSIT#1 125 PARADISE VILLAGE CLASS REG KREPPS/MEDINA/SILVA MISC HARDWARE MATERIALS CAL CARD - B HODGES DEPOSIT#950 PACIFIC VIEW IPMA-HR MEMB & SUBSCRIPTION BUILDING INSPECTOR FEES LEGAL SERVICES FEB 2007 MOP 45727 SONY DVD TRANSLATION SVCS - 04-03-07 125 PLAN REIMBURSEMENT WET/DRY, 92" 15 GAL. VACUUM CA FIRE LAWS SUBSCRIPTION DIGITAL BOND PRINTING SERVICING OF FIRE EXTINGUISHERS FY 06-07 APPORTIONMENT #7 FY 06-07 APPORTIONMENT #8 214135 214136 214137 214138 214139 214140 214141 214142 214143 214144 214145 214146 214147 214148 214149 214150 214151 214152 214153 214154 214155 214156 214157 214158 214159 214160 214161 214162 4/10/2007 4/10/2007 706) 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/ 10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 4/10/2007 495.42 330,81 250.00 225.00 75.00 1,844.02 0.81 288.94 2,441.72 280.84 440.00 240.00 220.41 217.47 303.38 330.00 6,950.00 1,300.00 34.77 100.00 90.00 1,707.01 46.65 506.16 14.43 13,508. 11,478.69 2 MORGAN SQUARE, INC. ^IOTOROLA i4ULTI-BANK SERVICES LTD N C CHAMBER OF COMMERCE NAPA AUTO PARTS ONE SOURCE DISTRIBUTORS PACIFIC AUTO REPAIR PALOMAR COMMUNITY COLLEGE DIST PARTS PLUS AUTOSTORE #713 PERRY FORD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAND MCNALLY & CO. REED „CK ALBA APPRAISAL SERVICE RODRIGUEZ SAN DIEGO AREA CHAPTER ICC SAN DIEGO SPEEDO TACH, INC. SANCHEZ SBC/MCI SHOEMAKER SHOTWELL SILVA SOUTH BAY WINDOW & GLASS STARTECH COMPUTERS SUN BADGE COMPANY INC. N TRUST SUNGARD PENTAMATION INC TARGET SPECIALTY PRODUCTS FY 06-07 APPORTIONMENT #7 FIREHOUSE WORLD CONFERENCE LIABILITY CLAIM RICKS R. INVOICE OVERPAYMENT IBC SPECIAL USES SEMINAR-F VIRDE- SENDER OIL PRESSURE/WATER TEMP 214180 125 PLAN REIMBURSEMENT PHONE LINES - 619 474-8857 CONFERENCE PARKING FEES DEPOSIT#1122 1317 K AVENUE 214184 125 PLAN REIMBURSEMENT 214185 REPAIRS - LIBRARY MOP 61744 COMP SUPPLIES MOP 45761 CHANGE TO RIBBON NEW FIRE TRUCK#1 LEASE PiMT#38 RENEWAL -MAINTENANCE START ROUNDUP PRO - WEED KILLER 214163 4/10/2007 MAINTENANCE/SUPPORTAGREEMEN 214164 4/10/2007 TRADE SETTLING CHARGES 214165 4/10/2007 CITY ENHANCEMENT FUND APR'07 214166 4/10/2007 MOP #45735 AUTO PARTS 214167 4/10/2007 MOP67256 MATERIALS- PW YARD 214168 4/10/2007 HEATER CORE/COOLANT 214169 4/10/2007 JOB FAIR REGISTRATION 214170 4/10/2007 MOP #64946 AUTO PARTS 214171 4/10/2007 REPAIRS TO FORD CROWN VIC 214172 4/10/2007 MOP 45742 WHITE TOWEL 214173 4/10/2007 SERVICE PERIOD 03-07-4 214174 4/10/2007 DATABASE SALE 214175 4/10/2007 214176 4/10/2007 214177 4/10/2007 214178 4/10/2007 214179 4/10/2007 4/10/2007 214181 4/10/2007 214182 4/10/2007 214183 4/10/2007 2,359.28 19,656:96 199.08 3,750.00 390.78 465.62 337.35 100.00 6.22 4,870.59 360.71 220,022.40 2,120.63 32.00 110.00 43.68 70.00 79.80 368.00 8.03 32.00 4/10/2007 100.00 4/10/2007 895.70 214186 4/10/2007 331.04 214187 4/10/2007 1,293.19 214188 4/10/2007 105.69 214189 4/10/2007 5,009.63 214190 4/10/2007 6,340.00 214191 4/ 10/200'7 467.24 3 TF,TRA TEC -1 ISG TETRA TECH ISG #1 TETRA TECH ISO #1 TOMARK SPORTS VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS - SD VIRDEN VISTA PAINT WATTS ZUMAR INDUSTRIES ARCO GASPRO PLUS CORPORATE EXPRESS CUMMINS CAL PACIFIC, LLC DIRECT TV DIXIELINE LUMBER CO. EDCO DISPOSAL CORP SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO GAS & ELECTRIC SWEETWATER AUTHORITY TARULLI TIRE SAN DIEGO INC Workers compensation checks DEPOSIT#1120 1445 TIDELANDS DEPOSIT#954 8TH & D AVENUE DEPOSIT#954 8TH & D AVENUE BASEBALL EQUIPMENT MOP46453 PLUMBING REPAIRS CELL PHONES, 2/22-3/21/07 INSPECTION/MILE EXPENSE MOP #68834 PAINT REIMB FOR MEETING DINNER SIGN SPECIAL 30 X24 FUEL FOR STAFF VEHICLES MOP 45704 OFFICE SUPPLIES AUTO PARTS CABLE SERVICES MOP 45707 HARDWARE MATERIALS EXTRA PICK-UP FOR TRASH OIL SERVICES GAS/ELECTRIC SVCS 2/28-3/29/07 WATER SVCS 1/04-3/06/07 MOP 47940 DISPOSAL SUPPLIES 214 l 9'. 4/10/2007 1,700 00 214193 4/10/2007 800 00 214194 4/10/2007 350.t.._. 214195 4/10/2007 425.56 214196 4/10/2007 112.82 214197 4/10/2007 6,675.11 214198 4/10/2007 90.70 214199 4/10/2007 37.33 214200 4/10/2007 65.86 214201 4/10/2007 126.69 214202 4/10/2007 220.53 214203 4/10/2007 324.77 214204 4/10/2007 622.45 214205 4/10/2007 60.36 214206 4/10/2007 20. _y 214207 4/10/2007 340.00 214208 4/10/2007 50.00 214209 4/10/2007 1,753.10 214210 4/10/2007 637.16 214211 4/10/2007 377.00 Total 12979 4/4/2007 12980 4/4/2007 12981 4/4/2007 12982 4/4/2007 12983 4/4/2007 12984 4/4/2007 466,315.61 68.62 101.26 20.90 482.00 271 189.34 4 12985 4/4/2007 116.85 12986 4/4/2007 247.44 12987 4/4/2007 496.92 12988 4/4/2007 315.51 12989 4/4/2007 138.92 12990 4/4/2007 27.42 12991 4/4/2007 211.33 12992 4/4/2007 381.38 12993 4/4/2007 1,241.93 12994 4/4/2007 78.42 12995 4/4/2007 500.00 12996 4/4/2007 130.01 12997 4/4/2007 206.55 12998 4/4/2007 175.91 12999 4/4/2007 129.41 13000 4/4/2007 15.55 13001 4/4/2007 314.50 13002 4/4/2007 277.00 13003 4/4/2007 125.00 13004 4/4/2007 1,392.32 13005 4/4/2007 374.00 13006 4/4/2007 311.04 13007 4/4/2007 280.00 13008 4/4/2007 440.00 Total Total 8,817.37 475,132.98 5 PAYROLL Pay period Start Date End Date Check Date 300 3/13/2007 3/26/2007 4/4/2007 OTAL 861,768.18 GRAND TOTAL 1,336,901.16 TRANSIT WARRANTS CHECKS 214202 - 214211 CKS 10 TOTAL $4,044.39 6 City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE May 15, 2007 AGENDA ITEM NO. 17 ITEM TITLE WARRANT REGISTER # 41 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Tess E. Limfueco 619-336-4330 Ratification of Warrant Register # 41 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Finan a Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 919,511.88 BOARD / COMMISSION REOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #41 2. Workers Comp Warrant Register dated 4/11/07 Resolution No. A-200 (9 99) ZAPATA PINILLO AAIR PURIFICATION SYSTEMS ADAMSON POLICE PRODUCTS AIRGAS-WEST ALL POINTS PUBLIC FUNDING, LLC AMERICAN BACKFLOW SPECIALT AMERICAN ROTARY BROOM CO., I ARCO GASPRO PLUS ART D. NIELSEN PAINTING, INC. ti ,.USTIN DOORS BCM CUSTOMER SERVICE BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP BOOT WORLD CAPF F CALIFORNIA COMMERCIAL ASPHA A CALIFORNIA LAW ENFORCEMENT CHEVRON USA, INC. CINGULAR WIRELESS CITY OF CHULA VISTA CITY OF SAN DIEGO CITY OF SANTEE CLEAN HARBORS CORPORATE EXPRESS _OUNTY OF SAN DIEGO City of National City WARRANT REGISTER # 41 4/17/2007 Description TRAVEL REIMB-MTG SAN FRANCISCO PAYROLL GARNISHMENT PPE 04/09/07 LABOR/TRIP TO INSTALL GRABBER SAFETY VESTS AND COVERS MOP #45714 SHOP SUPPLIES NEW FIRE TRUCK LEASE PMT#8 ABS TEST EQUIP (TREE STRUCTURE) MOP #62683 MATERIAL KIT FUEL FOR CITY FLEET CITY-WIDE PAINTING CITY-WIDE DOOR REPAIRS PREVENTATIVE MAINTENANCE LIAB CLAIM COSTS LOVE V CNC LIAB CLAIM COSTS HUNTER V CNC MOP #,64096 HUERTA IRE/LTD APR 2007 SPHALT PD/LTD APR 2007 MOP #45699 GAS CREDIT CARD DATA VOICE SRVC 2/21-3/20/07 ANIMAL SHELTER COSTS ARJIS 9 FORMS QUARTERLY DINNER MEETING HAZARDOUS WASTE PICK UP MOP 45704 OFFICE SUPPLIES PARADISE CREEK PARK PLAN 214212 214213 214214 214215 214216 214217 214218 214219 214220 214221 214222 214223 214224 214225 214226 214227 214228 214229 214230 214231 214232 214233 214234 214235 214236 214237 chk date 4/12/07 4/I 6/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 mount 86.45 369.23 1,015.19 7,263.22 94.08 19,613.22 323.25 529.05 25,554.53 1,640.00 225.00 150.00 6,490.94 5,334.20 116.35 656.00 1,280.72 1,560.00 10.89 1,762.86 8,301.21 207.84 150.00 458.00 311.73 230.00 1 Payee COUNTY OF SAN DIEGO D3 EQUIPMENT DELL COMPUTER CORPORATION DELL MARKETING CORP DELTA DENTAL DELTACARE (PMI) City of 1° atio nal City WARRANT REGISTER # 41 4/17/2007 Description STORMWATER SHARED COST MISC PARTS TELECOMMUNICATION SUPPLIES 12 DESKTOP COMPUTERS DENTAL INS APR 2007 DENTAL INS PMI APR 2007 DEPARTMENT OF TRANSPORTATIO HIGHWAY LIGHTING/FEB '07 DEPT. OF INDUSTRIAL RELATIONS DOUGLAS E. BARNHART, INC DREW FORD DURRA INK EL TOYON ELEMENTARY PTO ESRI INC EXPERIAN FAT PIPE NETWORKS FEDEX FLEETPRIDE FROMEX PHOTO & STUDIO GEORGE H WATERS NUTRITION CN GRANGETTO'S FARM & GARDEN GTC SYSTEMS, INC. HANSON AGGREGATES PACIFIC HEALTH NET IIEALTH NET IIEALTH NET HEALTH NET HEALTH NET CONSULT INSPECTION FEBRUARY 2007 SERVICES MOP 449078 AUTO PARTS MOP 46766 WINDOW ENVELOPES AD PLACED IN YEARBOOK PRIMARY MAINTENANCE CREDIT CHECKS FATPIPE WARP TRANSPORTATION CIIARGES HORTON FAN MOP 67534 REPRINTS WORKSHOP/MEETING SEMINAR REGISTRATION P/W GTC PROFESSIONAL SRVCS MATERIALS HEALTH INS H0067A APR 2007 HEALTH INS APR 2007 57135J HEALTH -ELECT INS APR 2007 57135A HEALTH NET - H0067F APR 2007 HEALTH NET - 57135F APR 2007 chk no chk date amount 214238 4/17/07 21,561.00 214239 4/17/07 2,776.36 214240 4/17/07 247.87 214241 4/17/07 15,269.27 214242 4/17/07 15,490.64 214243 4/17/07 3,491.17 214244 4/17/07 2,830.32 214245 4/17/07 250.00 214246 4/17/07 11,385.00 214247 4/17/07 26.38 214248 4/17/07 149.48 214249 4/17/07 214250 4/17/07 6,036.88 214251 4/17/07 142.88 214252 4/17/07 6,715.00 214253 4/17/07 24.41 214254 4/17/07 533.37 214255 4/17/07 115.44 214256 4/17/07 106.75 214257 4/17/07 750.00 214258 4/17/07 3,202.47 214259 4/17/07 331.01 214260 4/17/07 57,370.90 214261 4/17/07 633.40 214262 4/17/07 14,902.28 214263 4/17/07 3,293.76 214264 4/17/07 1,110.6 250.0` 2 Payee HYDRO-SCAPE PRODUCTS INC. HdL COREN & CONE IRON MOUNTAIN RECORDS JAS PACIFIC, INC. JEFF KATZ ARCHITECTURE JIMENEZ City of National City WARRANT REGISTER # 41 4/17/2007 Description MOP #45720 PIPES & FITTINGS 2005-2006 CAFR REPORTS PACKG RCRD MGMNT & DOCUMT SRVC BUILDING INSPECTOR FEES SVC FEES THROUGH 3/31/07 LIAB CLAIM COSTS JIMENEZ JR E KAISER FOUNDATION HEALTH PLA KAISER. INS ACTIVE APR 2007 KAISER FOUNDATION HEALTI-I PLA KAISER RET INS APR 2007 LOPEZ MAAC PROJECT MAYLE, HOWARD /IX LOGIC, INC NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NEXUS INTEGRATED SOLIITIONS OFFICE PAVILION PARKHOUSE TIRE PERRY FORD PORTILLO CONCRETE, INC. POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY QUALA-TEL ENTERPRISES REGIONAL COMMUNICATIONS SY RK AERIALS LLC ROCKHURST UNIV CONT EDUC CT ..D. COIJNTY SHERIFF'S DEPT. TRANSLATION SERVICES LEAD HAZARD CNTRL - FEB 2007 CONSTRUCTION INSPECTION ANTI-SPAM FILTER MOP #45735 AUTO PARTS CAR WASHES FOR CITY FLEET MOP 66556 YOUTH CO-ED SOFTWARE MAINTENANCE OFFICE FURNITURE FOR FINANCE TIRES MICHELIN XZU MOP #45703 AUTO PARTS '99 CAR MARCH 2007 SERVICES MOP #678 39 - BATTERIES MOP 45742 TOWEL BATH WHITE ADAPTER MOBILE RADIO RADIO MAINTENANCE - MAR 2007 ANTENNA W/15' CABLE MEMB & SUBSCRIP CONFERENCE CAL -ID PROGRAM 1/1-6/30/07 chk no chk date 214265 4/17/07 214266. 4/17/07 214267 4/17/07 214268 4/17/07 214269 4/17/07 214270 4/17/07 214271 4/17/07 214272 4/17/07 214273 4/17/07 214274 4/17/07 214275 4/17/07 214276 4/17/07 214277 4/17/07 214278 4/17/07 214279 4/17/07 214280 4/17/07 214281 4/17/07 214282 4/17/07 214283 4/17/07 214284 4/17/07 214285 4/17/07 214286 4/17/07 214287 4/17/07 214288 4/17/07 214289 4/17/07 214290 4/17/07 214291 4/17/07 amount 56.77 325.00 100.00 4,800.00 813.00 225.00 113,690.20 3,756.06 150.00 15,560.00 4,460.00 441.00 278.42 236.00 177.26 924.04 28,866.32 1,636.18 309.70 92,117.70 500.30 375.57 164.23 8,911.70 66.26 199.00 8,953.00 3 Payee SAN DIEGO HYDRAULICS SBC/MCI SBC/MCI SDG&E SIGN SHOP SMART & FINAL SOLANA CENTER SOUTHWEST SIGNAL SERVICE, IN SPARKLETTS SPARKLETI'S STARTECH COMPUTERS STEVENS CONSTRUCTION SUN BADGE COMPANY INC. SWEETWATER AUTHORITY TAB PRODUCTS CO TARULLI TIRE SAN DIEGO INC THE STAR NEWS UNDERGROUND SERV ALERT UNION SECURITY INSURANCE CO. UNITED PARCEL SERVICE VALENCIA STONE & TILE VERIZON WIRELESS - SD WESTFLEX INDUSTRIAL WURBS AMAZON.COM CREDIT BAKER & TAYLOR BOWKER City of National City WARRANT REGISTER # 41 4/17/2007 Description SEAL KIT REPLACEMENT PHONE C60-449-7549 3/1-3/31/07 PHONE 619-474-8857 02/15/07 STREET DIV GAS/ ELECTRIC CHGS DECALS TEMPORARY MOP45756 DISPATCHER LUNCHEON RECYCLED ITEMS PER DEPT TRAFFIC SIGNAL & STREET LIGHTING WATER FOR OFFICE WATER FOR OFFICE MOP 61744 PHOTOSMART & FAX MARCH 2007 SERVICES MOP 45761 REGULAR REPAIR FACILIITES DIVISION WATER BILLS PAYROLL DIVISION LABELS MOP #47940 TIRES ADVERTISING UNDERGROUND SVC ALERT CHGS VTL APR 2007 UPS SHIPMENT CHECK PAID TO INCORRECT COMP PHONE 619-207-7342 2/26-3/25/07 MOP #63850 ASSEMBLY CONFERENCE TRAVEL EXPENSE ADULT NON-FICTION BOOK REFERENCE BOOKS REFERENCE BOOKS,— chk no chk date amount 214292 4/17/07 775.40 4/17/07 8,765.14 9.17 214293 214294 214295 214296 214297 214298 214299 2.14300 2214101 214302 214303 214304 214305 214306 214307 214308 214309 214310 214311 214312 214313 214314 214315 214316 214317 214318 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 4/17/07 130,141.8c, 4/17/07 105.69 4/17/07 11,075.70 4/17/07 31.14 4/17/07 186.00 4/17/07 304.95 4/17/07 185.60 4/17/07 2,199.47 4/17/07 20.45 4/17/07 345.00 4/17/07 45.63 4/17/07 90.71 4/17/07 264.71 4/17/07 56.01 4/17/07 539.24 4/17/07 305.0 66,366.33 71.12 38.63 440.00 30,447.36 56.60 19.18 1,569.87 4 Payee BRODART CITY OF NATIONAL CITY DEMCO INC. GARETH STEVENS, INC. LASER SAVER INC MIDWEST TAPE NOLO PRESS, INC. RANDOM HOUSE, INC. ROSEN PUBLISHING GROUP SCHOLASTIC LIBRARY PUBLISHIN THOMSON GALE pCOSTA ALIIAMBRA PUBLIC LIBRARY ALT, ABOUT BOOKS CO. ALTADENA LIBRARY DISTRICT ARMOUR BOJORQUEZ BRAUL.IK BURCH CA COUNCIL FOR THE PROMOTION CANTRILL CAPILLA CATHAY RE'1'A CINGULAR WIRELESS CISNEROS CORPORATE EXPRESS DISCOUNT SCIIOOL SUPPLY City of National City WARRANT REGISTER # 41 4/17/2007 Description ADULT AND CHILDREN'S BOOKS OUT OF STATE SALES TAX LIBRARY MATERIALS/ SUPPLIES BOOKS DUPLICATING SUPPLIES DVD/VIDEOS/PROCESSING SUPPLIES REFERENCE BOOKS BOOKS ON TAPE, — BOOKS CHILDREN BOOKS, — REFERENCE BOOKS TRAVEL (AMERICORPS/LSTA.Y-4) MAILING (PRIME TIME Y-3) GIVEAWAY BOOKS FOR WOW TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) MEMBERSHIP (LIT. SVCS. Y-4) TRAVEL (AMFRICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) STATE LIBRARY CONTRACT WINGS CELL. PHONE. TRAVEL (LIT. 1NCL XV) MATERIALS & SUPPLIES (WOW) CRAFT MATERIALS chk no chk date amount 214320 4/17/07 9,626.08 214321 4/17/07 403.57 214322 4/17/07 92.36 214323 4/17/07 257.67 214324 4/17/07 333.32 214325 4/17/07 10,171.97 214326 4/17/07 99.39 214327 4/17/07 9,993.83 214328 4/17/07 161.04 214329 4/17/07 1,504.48 214330 4/17/07 1,139.22 214331 4/17/07 19.25 214332 4/17/07 64.28 214333 4/17/07 652.77 214334 4/17/07 325.00 214335 4/17/07 67.64 214336 4/17/07 33.30 214337 4/17/07 11.50 214338 4/17/07 42.72 214339 4/17/07 40.00 214340 4/17/07 96.12 214341 4/17/07 64.02 214342 4/17/07 4,500.00 214343 4/17/07 44.55 214344 4/17/07 30.31 214345 4/17/07 243.02 214346 4/17/07 1,979.30 5 City of National City WARRANT REGISTER # 41 4/17/2007 Payee EMPIZO ESTRADA FANNING GARCIA JACQUELYN BRINKLEY JIMENEZ-WATSON KELLY LANG LAUDERDALE LIBRARYLAW.COM LITERACYWORKS LITERACYWORKS LITERACYWORKS LYNNE PRICE MANGER MUNOZ NUNEZ O'HARA ORTEGA PAULISSEN PEARSON PROJECT READ QUINTAL REINKE RICH SCLLN SHADE Description MAILING (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (LIT. INIT. XV) TRAVEL (LIT. INTI. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) STATE CONTRACT PYMNT # 2 STATE LIBRARY CONTRACT STATE LIBRARY CONTRACT TRAVEL (LIT. INIT. XV) EXPERT SVCS (AMERICORPS) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) MEMBERSHIPS (LIT. SVCS. Y-4) TRAVEL ( AMERICORPS/LSTA Y-4) chk no chk date amount 214347 4/17/07 68.71 214348 4/17/07 25.22 214349 4/17/07 245.04 214350 4/17/07 135.28 214351 4/17/07 161.50 214352 4/17/07 94.77 214353 4/17/07 230.38 214354 4/17/07 6.76 214355 4/17/07 14.99 214356 4/17/07 375.00 214357 4/17/07 40,000.00 214358 4/17/07 7,500.0/ 214359 4/17/07 1,500.00 214360 4/17/07 444.84 214361 4/17/07 175.00 214362 4/17/07 20.37 214363 4/17/07 453.90 214364 4/17/07 989.90 214365 4/17/07 124.16 214366 4/17/07 66.31 214367 4/17/07 96.57 214368 4/17/07 7,821.00 214369 4/17/07 64.08 214370 4/17/07 803.96 214371 4/17/07 54.20 214372 4/17/07 150.00 214373 4/17/07 26.2 6 City of National City WARRANT REGISTER # 41 4/17/2007 Payee SHELTON SINAVSKY SKLAR SONG SPRINT STERLING PUBLISHING CO., INC. STRATEGIC RESOURCE COMPANY/ THEOBALD WILLIAMS XEROX CORPORATION YANG Description EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) VIDEO CONFERENCE/LONG DISTANCE WOW GIVEAWAY BOOKS AMERICORPS HEALTHCARE STATE LIBRARY CONTRACT TRAVEL (AMERICORPS/LSTA Y-4) CHGS/ OVERAGES FOR 8 XEROX TRAVEL (AMERICORPS/LSTA Y-4) chk no chk date amount 214374 4/17/07 5,720.87 214375 4/17/07 133.50 214376 4/17/07 136.17 214377 4/17/07 40.16 214378 4/1.7/07 28.25 214379 4/17/07 1,989.90 214380 4/17/07 .1,344.29 214381 4/17/07 2,744.89 214382 4/17/07 10.35 214383 4/17/07 529.28 214384 4/17/07 90.10 Total Workers compensation checks $ 911,691.92 13009 4/11/07 56.93 13010 4/11/07 113.78 13011 4/11/07 9.06 13012 4/11/07 96.39 13013 4/11/07 110.00 13014 4/11/07 110.00 13015 4/11/07 132.00 13016 4/11/07 85.29 13017 4/11/07 1,225.53 13018 4/11/07 73.68 13019 4/11/07 35.70 13020 4/11/07 47.39 13021 4/11/07 36.16 13022 4/11/07 118.13 7 City of National City WARRANT REGISTER # 41 4/17/2007 Payee Description chk no chk date amount 13023 4/11/07 68.55 13024 4/11/07 36.16 13025 4/11/07 101.26 13026 4/11/07 456.14 13027 4/11/07 133.60 13028 4/11/07 127.55 13029 4/11/07 150.07 13030 4/11/07 • 89.57 13031 4/11/07 78.40 13032 4/11/07 78.40 13033 4/11/07 156.80 13034 4/11/07 78.4( 13035 4/11/07 1,569.95 13036 4/11/07 400.00 13037 4/11/07 400.00 13038 4/11/07 7.83 13039 4/11/07 400.00 13040 4/11/07 460.00 13041 4/11/07 32.30 13042 4/11/07 744.94 Total $ 7,819.96 Grand Total 919,5 11.88 LIBRARY WARRANTS CHECKS 214316-214384 CKS 59 TOTAL $117,312.91 8 City of National City COUNCIL AGENDA STATEMENT ,—,MEETING DATE: May 15, 2007 AGENDA ITEM NO. iITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORT FOR APRIL 2007 PREPARED BY: Rudy Lopez (619) 336-4560 EXPLANATION: Please see attached report. 1 STAFF RECOMMENDATION Receive and file. 18 DEPARTMENT Community Services Environmental Review N/A Financial Statement N/A BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Neighborhood Council Monthly Report —April 2007 Resolution No. 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 April 2007 Wrap -Up Northside (April 4): • Residentsin attendance: 11 • City staff in attendance: 1 (PD) • Acton requests submitted: 3 • Action requests submitted for March: 4 • Action request pending: 2 • Average number of days taken to complete an action request: 1 Granger (April 5): • Residents in attendance: 8 • City staff in attendance: 0 • Action requests submitted: 3 • Action requests submitted for March: 2 • Action request pending: 2 • Average number of days taken to complete an action request: 0 Central (April 11): • Residents in attendance: 22 • City staff in attendance: 2 (PD, PW) • Action requests submitted: 6 • Action requests submitted for March: 12 • Action request pending: 3 • Average number of days taken to complete an action request: 6 MLK COMMUNITY BUILDING • 140 EAST 12t"STREET, SUITE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4290 • FAX (619) 336-4292 Eastside (April 12): • Residents in attendance: 21 • City staff in attendance: 0 • Action requests submitted: 6 • Action requests submitted for March: 3 • Action request pending: 2 • Average number of days taken to complete an action request: 1 Olivewood (April 18): • Residents in attendance: 11 • City Staff in attendance: 2 (PD, FD) • Action requests submitted: 4 Action requests submitted for March: 4 • Action request pending: 0 • Average number of days taken to complete an action request: 1 Sweetwater Heights (April 25): • Residents in attendance: 5 • City Staff in attendance: 0 • Action requests submitted: 3 • Action requests submitted for March: 2 • Action request pending: 0 • Average number of days taken to complete an action request: 1 Old Town (April 26): • Residents in attendance: 8 • City Staff in attendance: 0 • Action requests submitted: 5 • Presentations: CALTRANS • Action requests submitted for March: 8 • Action request pending: 4 • Average number of days taken to complete an action request: 14 Kimball Senior Club (April 30) • Residents in attendance: 40 • City Staff in attendance: 0 • Action requests submitted: 1 • Introduction of the Neighborhood Council program and staff. Commitment to attend meetings quarterly. Totals (April 2007): • Residents in attendance: 126 • Action requests submitted: 30 • Staff Initiated: 13 • Translation: 0 • Action requests submitted for March: 35 • Action requests pending from March: 13 • Combined average number of days taken to complete an action request: 3 Neighborhood Council Quarterly Breakfast- Granger Music Hall (April 28): • Number of people attended: 126 • Presentations: History of Granger Music Hall, First Five of San Diego & South Bay Community Services, City of National City's 5-Year Strategic Plan, Northside and Eastside Neighborhood Council Projects, Scotty's Fire House. • Translation: 0 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 19 ITEM TITLE Public Hearing — Planned Development Permit to Construct a Single-family Residence on a 12,200 Square foot Lot Containing an Existing Residence at 2901 Leonard Street. Applicant: Roy Di Stefano, Case File No. PD-2006-4, APN 564-071-09 PREPARED BY Peggy Chapin, 336-43 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on April 2, 2007 and voted to approve the Planned Development Permit. A Notice of Decision was scheduled for April 17, 2007; however the Council requested the project be set for a public hearing within 30 days. The attached background report describes the proposal in detail. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Account No. Finance Director STAFF RECOMMENDATION -617 Staff recommends a continuance orriod of 60 days to allow the applicant an opportunity to redesign the project. BOARD / COMMISSION RECOMMENDATION The Planning Commission Approved the Planned Development Permit. Ayes — Alvarado, Baca, Carrillo, De LaPaz, Flores, Pruitt Nayes: Reynolds ATTACHMENTS ( Listed Below ) 1. Background Report 5. Notice of Exemption 2. Location Map 6. Applicant's Proposed Plans 3. Planning Commission Resolution No. 19-2007 Resolution No. 4. Dept. Comments A-200 (9/99) Background Report The 12,200 square foot parcel is situated on the north side of Leonard Street, east of Granger Avenue and south of the 24th Street, an unimproved street and Granger Junior High School. The property is zoned RS-3-PD, Single-family Residential Extendable - Planned Development which would permit the applicant to construct a second dwelling unit on the existing parcel subject to City Council approval provided a minimum of 5,000 square feet is available for each residence. The subject parcel is adequate in size to permit two residences. The project site contains an existing single-family residence constructed in 1967. The original residence contained 706 square -feet and in 1992, the building was increased by 312 square foot on the first floor, 706 square foot on a second level, and a 278.5 square foot detached laundry room/workshop and a 506-square foot carport. The applicant is proposing to construct a two-story 5,352 square foot single-family residence, a maximum height of 26-feet, including a three -car garage. The proposed residence would contain a 750 square -foot 3-car garage, a 250 square -foot workshop, and a 1,800 square -foot gym and game room on the first floor, while the living quarters, on the second level, would contain six bedrooms, four bathrooms, living room, dining room and kitchen. The proposed residence would comply with all applicable Land Use Code requirements for setbacks, parking, and height limits. Due to the size of the proposed residence, subdividing the parcel into two was not an option as setbacks and parking standards would not be met. The existing residence has an asphalt shingle roof, gray stucco with white trim and white decorative wrought iron railing covering the first story windows and the upstairs window facing Leonard Street. A decorative wrought iron railing extends across the rear yard. The original house plans reflected a front porch that has since been enclosed. The architectural elevations of the new residence reflect a dark brown shingle roof, tan stucco exterior, and two balconies off of the master bedroom with decorative wrought iron railing (see attached plans). The new home would be situated at the rear of the lot, closer to 24th Street. Since the City currently does not have plans to improve 24'h Street, access would be provided from Leonard Street. Access for the existing home will continue to be provided from Leonard Street with two new spaces provided in the front yard, behind the 20 foot setback. The existing carport would be removed to provide access to the proposed residence. A three car garage and an additional parking space in the front yard would serve the new residence. A total of three spaces would be contained within the front yard. Similar development has occurred along Leonard Street. Four other parcels along the north side of Leonard Street contain two residences while four parcels along the south side of Leonard Street, within the County of San Diego, contain more than one residence. The initial plans submitted by the applicant reflected an apartment style living quarters on the second floor and a five -car garage and second kitchen on the first floor. Staff has worked with the applicant's designer over the past several months to modify the project plans to create a more typical residence. The current plan creates a more integrated living quarters on the second floor; reduces the garage space to a maximum of 750 square feet as permitted by the land use code; adds architectural detailing such as arched windows and variation in wall planes; and eliminates a second kitchen on the first floor. However, the architectural style of the residence remains bulky and offers few elements encouraged by City's Design Guidelines for Residential Infill projects such as varied roof lines and wall planes, covered porch, window trim or shutters, and brick or stone as accent material. A two-story residence should incorporate both vertical and horizontal variations in the wall planes in order to reduce the overall bulk to appear compatible with adjacent single story structures. The roofline is a hip roof which is not consistent with the roof line of the existing residence which is a gable roof. Although the design offers arched windows along the east elevation the remaining windows are standard square aluminum windows without shutters or trim. Although two units located on lots of over 10,000 square feet is a fairly typical situation in the area, as noted above, the size of the proposed residence is much larger than what has been constructed by other property owners. The size and scale of the proposed residence appears to be out of character of the existing neighborhood. The proposed residence is large in comparison with the surrounding neighborhood. Standard Conditions of Approval are included, as well Engineering and Fire Departments comments and the standard Sweetwater Authority requirement to ensure that water facility improvements are completed as necessary for the development. Conditions of Approval require that the applicant secure the rear gate to restrict access from 24th Street until such time that 24th Street has been improved. Additionally, a condition is included requiring the applicant to comply with any necessary building permits and fees for the existing accessory structure. The proposed density of 7.1 units per acre meets the General Plan density of 8.7 dwelling units per acre. Although the applicant proposes to occupy the new residence, the existing residence would result in a rental unit, thereby achieving General Plan policies to increase rental opportunities. To summarize, the overall size and scale of the proposed residence is incompatible with surrounding development and results in a lack of adequate open space and area for vehicles to maneuver behind the existing residence. Staff recommends that the applicant redesign the residence to reduce the size and bulk of the residence, remove the existing detached workshop/laundry room, and provide better circulation and open space. ZONE BOUNDARY PROJECT LOCATION LOCATION MAP CITY BOUNDARY Planned Development Permit for a new single-family residence on a lot with an existing residence at 2901 Leonard Street PD 2006 4 NATIONAL CITY PLANNING 3 244c 24 24i DRN. DATE: 3/21/07 INITIAL HEARING: 4/02/07 RESOLUTION NO. 19-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A NEW SINGLE FAMILY RESIDENCE ON A 12,200 SQUARE FOOT PARCEL WITH AN EXISTING HOME AT 2901 LEONARD STREET APPLICANT: ROY DI-STEFANO CASE FILE NO. PD-2006-4, APN 564-071-09 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application to construct a 5,352 square foot residence and three -car garage on a 12,200 square foot lot 2901 Leonard Street, at a duly advertised public hearing held on April 2, 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-2006-4, 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 April 2, 2007, support the following findings: 1. The site for the proposed use is adequate in size and shape, since the 12,200 square foot parcel can accommodate a second single-family residence, required covered and uncovered parking, and complies with required setbacks. 2. The proposed density of 7.1 dwelling units per acre is consistent with the maximum residential density allowed by the General Plan for the RS-3-PD Zone of 8.7 dwelling units per acre. 3. The site has sufficient access to a public street that is 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 and access from the unpaved 24th Street will be restricted from use until such time that the street is improved. 4. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the.required setbacks and building height will be met, and since required off street parking will be provided. 5. The proposed use is • eemed essential and desirable since itsults in the creation of an additional quality residential opportunity in an area identified by the Combined General Plan/Zoning Map which allows two residential units for an existing legal lot provided a minimum of 5,000 square feet is provided for each residence. BE IT FURTHER RESOLVED that the application for Planned Development Permit to construct a 5,532 square -foot single-family residence on a 12,200 square -foot lot with an existing home at 2901 Leonard Street is approved subject to the following conditions: 1. This Planned Development Permit, PD-2006-4, authorizes the development of an approximately 5,352 square -foot single-family residence and three -car attached garage at the rear of the lot at 2901 Leonard Street. All plans submitted for permits associated with the project shall conform to Exhibit A Revised, Case File No. PD-2006-4, dated 3/28/07. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 3. 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 indicate a minimum of two 15- gallon street trees, trees, shrubs, and ground cover for all areas that are disturbed as a result of the development and shall reflect the use of drought tolerant planting and water conserving irrigation devices. The plan shall indicate the areas necessary for driveway access to the new residence, adequate backup space and for the new parking spaces and carport in front of the existing residence. All other areas not required for driveway parking shall be removed and landscaping and irrigation provided. 4. Any electrical and plumbing attached to the accessory structure that does not comply with current building codes shall be removed and appropriate building permits shall be obtained prior to issuance of the new residence. 5. The applicant shall provide a minimum 20' wide driveway to the proposed residence. All areas not required for the driveway at the front yard and between the two residential units shall be removed and landscaping and irrigation shall be installed prior to building permit issuance. 6. The rear gate bordering the unimproved 24`h Street shall be secured to restrict any access until such time that 24th Street has been improved to a public street. The applicant may request from the Engineering Department to use 24th Street for access during construction providing appropriate measures are in place to control erosion and silt runoff and the access is not blocked for emergency vehicles. 7. The Land Use Code requires four parking spaces for the proposed residence and one covered and one uncovered spaces for the existing residence. The applicant will remove the existing carport and deck prior to issuance of a building permit for the new residence to accommodate a driveway to the new residence. Two pa r r1g spaces, one cc 'tired, located a minimum of 20 feet from the front property line will serve as replacement parking spaces for the existing residence. The new residence will be served by a three car garage and one uncovered space within the front yard. All parking spaces required for this development shall be located a minimum of 20' from the front property line, to the satisfaction of the Planning Director. 8. The building plans shall indicate at a minimum a one car covered carport for the existing residence to replace the carport being removed. The carport shall be constructed of similar materials and color to match the existing residence and shall be located at minimum of 20' from the front property line. The carport shall be completed prior to the issuance of the certificate of occupancy for the new residence. 9. 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. 10. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 11. 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 Depaitinent. 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. 12. 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. 13. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A sewer permit will be required for the new residence. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right- of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15. A 5-foot street right-of-way shall be dedicated to the City on Leonard Street. 16. A permit shall be obtained from the Engineering Departmenfor all improvement work within the public right-of-way, and any grading construction on private property. 17. Street improvements shall be in accordance with City Standards. 18. A title report shall be submitted to the Engineering Department, after Planning Commission approval, for review of all existing easements and the ownership at the property. 19. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 20. The applicant shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 21. Separate water and sewer laterals shall be provided to each residence. 22. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. Fire access is required. Access roadway minimum size requirements are 20-feet minimum width with a vertical clearance of 13-feet six -inches. If the roadway is 150-feet or greater, an approved turnaround will be required. If an access roadway cannot be provided then an approved automatic fire sprinkler system may be substituted. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. 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. 25. The owner will be required to secure the gate facing the alley. All access to the proposed residence will be provided from Leonard Street. 26. 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. 27. 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. 28. Minimum required fire flow will be 2,000 gpm measured at 2 r 2si residual pressure with a two hour flow duration. 29. Fire Department access will be required. Access roadway to be of all weather construction with a minimum clear width of 20 feet and minimum clear vertical height of 13 feet 6 inches. 30. It is highly recommend that this structure have a fully automatic fire sprinkler system installed. With, the installation of a fire sprinkler system minimum fire flow requirements will be reduced to 1,000 gpm measured at 20 psi residual pressure with minimum 2 hour flow duration. 31. The address of the proposed home must be clearly visible from the street, per approval from the National City Fire Department. 32. 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. 33. 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. 34. Approval of the Planned Development Permit expires one (1) 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 IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 2, 2007, by the following vote: AYES: Carrillo, Alvarado, Baca, Pruitt, Flores, DeLaPaz NAYS: Reynolds ABSENT: ABSTAIN: CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: March 27, 2007 TO: Peggy Chapin, Principal Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: PD-2006-4: 2901 Leonard Street Please note our following comments and recommendations: 1) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 2) Minimum required fire flow will be 2,000 gpm measured at 20 psi residual pressure with a two hour flow duration. 3) Fire Department access will be required. Access roadway to be of all weather construction with a minimum clear width of 20 feet and minimum clear vertical height of 13 feet 6 inches. 4) It is highly recommend that this structure have a fully automatic fire sprinkler system installed. With the installation of a fire sprinkler system minimum fire flow requirements will be reduced to 1,000 gpm measured at 20 psi residual pressure with minimum 2 hour flow duration. Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may be necessary upon submission of a complete set of plans for permit review. ( C/ ENGINEERING REQUIREMENTS FOR AN ADDITIONAL HOUSE AT 2901 LEONARD STREET Date: March 28, 2007 To: Peggy Chapin, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: ADDITIONAL HOUSE AT 2901 LEONARD STREET 1. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 3. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 4. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development / City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: PD-2006-4 Proiect Location: 2901 Leonard Street, National City, CA, APN: 564-071-09 Contact Person: Peggy Chapin Telephone Number: (619) 336-4319 Description of Nature, Purpose and Beneficiaries of Project: Planned Development Permit to construct a 5,352 square foot, two-story single-family residence on an lot containing an existing 1,724 square foot existing residence within the Residential Single Family Planned Development (RS-3 PD) Extendible zone. Applicant: Roy DiStefano 2901 Leonard Street National City, CA 91950 Telephone Number: (619) 470-6339 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1 Section 15332 - In -fill Development Projects U Not a project as defined in Section 15332 of CEQA n Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: It has been determined that the proposed project will not have a significant effect on the environment since the proposed request involves constructing a new single-family residence on a lot containing an existing single-family home. The proposed project meets all land use codes for height and setbacks. Date: 5/2 i 107 Pe g'y/ Mapin Principal Planner Pprvrirrl Antler A am* Ito ilAIA - • rArroll.WrikAer”.0 rkk r r PROPOSED NEW SINGLE FAMILY RESIDENCE 1, I ,A*A1101PrOIA; NW' 200,0ft PL. / •,,r4A4 0151144tALIVY 11kFa 809F ZFO.6 60 FT 1" 1" r,4110k1111*ttl. GONC.,R614FRASVAY CUM E vfAr criE iTtlftimaA DIL USW Mai Y *oipicni lq I nrIORYA.C.P.4, 114 RF41.011Z PAU 4....06gonozrti, 20011 PL PLOT GRADING AND IRRIGATION PLAN r *11 MING GOI4CRETF DRIVE WAY monIMAII AtiFY EXIM1141.) COMPORT Sing t et ;•;;;! 4.""a"'"""7. , • *41 0 A ; • „I -- I , I • RECEIVER GYM & GAME ROOM i ! '•'STAIRCASE:- • , • 3 CAR GARAGE 4 L I WORK SHOP f 4,9,99 141.9. D I - S F E N 0' R E E N E Re...n/14.4 ARCHITECTURE RESIDENTIAL PLANING AND DESIGN (858) 205-8872 999 ow. 2921 LEA.. Slr MM.. WV W.f. LP. 360 919: 5619079.90-00 4011 1.11104'4.01. 90.1 . 1754 09.1.1.041.9 9. TWO .99. ,99 kitchen 4 Diningroom Livingroom Ballroom # 6 NId ra BadroerIn#1 cl 1BOltdom#2‘____ Staircase 11 • II Terrace . _1 w/o' Mae r Bedroom #2 Master Bedroom #1 Bedroom P6 Bedroom #4 Bedroom #3 cl rL ba cony IA' 2 FLOOR PLAN r - S E N 0' E E N E 1.4 ARCHITECTURE RESIDENTIAL PLANING AND DESIGN (858) 205-8872 ..... ..... .. ....... ... ....."...., 230 T La.. T ..µ{.µ, [3, C.FORNA 2.P. 9E00 ..M. 684-071-00-00 taVairES AN. 00.3 .... T,' ti�10lssppilR !'ii!�� �� 1e15i1��k�;Al., D I- T F . A N 0' S R E S I D E N C E ti �ARCHITECTU RE RESIDENTIAL PLANING AND DESIGN (858) 205-8872 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE May 15, 2007 AGENDA ITEM NO. 20 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESCRIBING THE PREVIOUSLY -APPROVED PROGRAM OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN yA�i PREPARED BY George H. Eiser, III �'"' DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Section 33342.7 of the Health and Safety Code, part of the Community Redevelopment Law, was enacted in 2006 to require the legislative body that adopted a final redevelopment plan on or before January 1, 2007, to adopt an ordinance on or before July 1, 2007, that contains a description of the redevelopment agency's program to acquire property by eminent domain. The CDC is the community's combined redevelopment agency and housing authority. The current Redevelopment Plan for the National City Redevelopment Project was adopted by the City Council on July 18, 1995, pursuant to Ordinance No. 95-2095. The City Council amended the Plan on June 19, 2001, pursuant to Ordinance No. 2001-2187. The proposed ordinance, if adopted, would comply with Section 33342.7 of the Health and Safety Code by describing the eminent domain program of the CDC, which was previously -approved by Ordinance No. 95- 2095. It should be noted that this action is not related to the upcoming proposed amendment to the Redevelopment Plan. Environmental Review ,/ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. A-200 (9/99) ORDINANCE NO. 2007 — 2293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESCRIBING THE PREVIOUSLY -APPROVED PROGRAM OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN WHEREAS, Section 33342.7 of the Health and Safety Code, part of the Community Redevelopment Law, was enacted in 2006 to require a legislative body that adopted a final redevelopment plan on or before January 1, 2007 to adopt an ordinance on or before July 1, 2007 that contains a description of the redevelopment agency's program to acquire real property by eminent domain; and WHEREAS, the Community Development Commission of the City of National City (the "CDC") is the community's redevelopment agency and housing authority; and WHEREAS, the Redevelopment Plan for the National City Redevelopment Project (the "Redevelopment Plan") was adopted on July 18, 1995, pursuant to Ordinance No. 95-2095; and WHEREAS, the Redevelopment Plan was amended pursuant to Ordinance No. 2001-2187, adopted on June 19, 2001; and WHEREAS, the existing Redevelopment Plan, as amended, includes a program to acquire real property by eminent domain. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby sets forth and describes the CDC's program to acquire property by eminent domain, as follows: PROPERTY ACQUISITION Acquisition of Real Property Without limitation, the CDC may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the CDC may also employ eminent domain in projects involving land acquisition of any real property identified in Exhibit "A", incorporated herein by reference. Land acquisition by eminent domain shall occur only in designated "acquisition areas". To the extent required by law, the CDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within acquisition areas of the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance adopting the Ordinance No. 2007 — 2293 Page 2 Redevelopment Plan. Accordingly, under the existing Plan, no eminent domain proceeding to acquire property shall be commenced after August 18, 2007. Such time limitation may be extended only by amendment of the Plan. Acquisition of Personal Property Where necessary in the implementation of this Plan, the CDC is authorized to acquire personal property in the Project Area by any lawful means. Exclusion of Single-Familv Residential Properties In Existing and Added Areas, single-family residential properties are specifically excluded from the use of eminent domain. RELOCATION OF PERSONS DISPLACED BY A PROJECT Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seg.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the CDC, the CDC shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by CDC acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the CDC will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The CDC shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The CDC is also authorized to provide relocation for displaced persons outside the Project Area. Relocation Benefits and Assistance The CDC shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. PASSED and ADOPTED this 15th day of May, 2007. ATTEST: Michael R. Dalla City Clerk Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT A LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO ACQUISITION BY EMINENT DOMAIN Pursuant to Section 603 of the Redevelopment Plan, the CDC may acquire the following properties through the use of eminent domain: "Existing Area", as defined in Section 300(m) of the Plan, means the merged National City Redevelopment Project Area originally formulated by Ordinance No. 1762 adopted by the City Council on December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22, 1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June 18, 1991, as depicted on Exhibit A of the Plan, as follows. • All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8`h Street, between Interstate 5 and "D" Avenue. • Assessor's Parcel Numbers 556-560-41, 556-560-42, 556-560-43, and 556-560- 44 located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. "Added Area", as defined in Section 300(A) of the Plan, means the territories included in the Project Area by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit "D" of the Plan, as follows: property. All property in the Added Area, excepting San Diego Unified Port District IN EXISTING AND ADDED AREAS, SINGLE-FAMILY RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN. NATIONAL CITY REDEVELOPMENT PROJECT EXHIBIT A I/_ ,I II ••• ,�1•�... Mg (4,!! 1_.:e . IIIIII' 1P sll ilgr tgftil: ���IIIII JIII' e •IRllIIiII_ 11111111111111111E IIHIn11111 .11lll/11•,` Eiiiuunnlm: uun,lmumv—�,; mulmnlmmmunm` �u ��liii I11R1 I:1111111n M211111111 910��? '1I Iiuu1111111 M .IIII. _� 111113 P1111111111; IIII/1Ili 0131111111 11 11 1111111111EIt i i� —•' 11 CIO _n Ilfllllllll. IIIII t= !II! 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C :C ■J11: inin:i ■ n_ G= _� IN mi • minimumIPI -_ i1182 ii!I11I.-i•I1111111111 i17 -IIIIII/1 �1'��t� :11�1+= etnm IIILIIIIII IIIIIEs�iI', :IIIIII: ��11111 IIIIIIIII=..�. ■ _ _ �.IIIII! -=41� IIIIIIIII: 11It111� 11 1.-Iltil. ..i1111I11i u1111Ig1 p11.ului . �• i 114 CHULA VISTA • 1111111111111•.: IIIIIlIIIIIII _,. dliI/III ..li11i1- LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO EMINENT DOMAIN 1 Q Project Area Boundary o1111 Locations of Eminent Domain Authority Municipal Boundary 0 0.125 0.25 ❑s 0.15 I Miles i EETING DATE City of National City, California COUNCIL AGENDA STATEMENT -May 15, 2007 AGENDA ITEM NO. SECOND READING 21 ITEM TITLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 10.21 BY ADDING SECTIONS 10.21.010 — 10.21.050 TO THE MUNICIPAL CODE PROHIBITING THE RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS PREPARED BY Don Condon, Battalion Chief (619) 336-4552 EXPLANATION Please see attached Staff Report. DEPARTMENT Fire Environmental Review ' N/A Financial Statement Approved By: N/A Account No. Finance Director STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Staff Report 2. Proposed Ordinance Resolution No. A-200 (04/2007) i CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 STAFF REPORT DATE: May 1, 2007 TO: City Council FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Prohibition of Sale and Distribution of Novelty Lighters RECOMMENDATION: Adopt Ordinance amending Chapter 10.21 to the Municipal Code prohibiting the sale and distribution of novelty lighters. PRIOR ACTION: None. STATEMENT ON THE SUBJECT: The U.S. Consumer Product Safety Commission (CPSC) is an independent federal regulatory agency whose primary mission is to ensure that consumer products are safe to use and will not cause injuries or death. Under the 1994 Child Safety Protection Act, the CPSC has the authority to mandate safety standards and recall products that are considered dangerous. For example, to reduce deaths and injuries associated with children under age five who obtain and play with cigarette lighters, a mandatory safety standard was established requiring disposable and novelty lighters to be "child -resistant", meaning 85% of the children in a controlled test group must not be able to operate the lighters. As a result, thousands of dangerous lighters have been recalled to date. Unfortunately, there has been a significant proliferation of novelty lighters that attract and fascinate children. Some of these lighters meet CPSC standards, but many do not. These lighters mimic everyday toys found in the home, encouraging children to play with these dangerous fire tools. Many of these lighters have flashing lights and make sounds, which makes the lighters more attractive to children. There have been several documented instances where these lighters have caused devastating burn injuries to the children playing with them, including death. Additionally, there have been numerous homes destroyed from children playing with these lighters. Every child deserves a chance to grow up in a safe community. There are no good reasons that lighters should be manufactured to resemble toys. While the child -resistant cigarette lighter standard has been highly effective, children cannot discriminate a toy from a fire tool that looks like a toy. The San Diego Burn Institute, the San Diego County Fire Chiefs Association, and many other safety organizations strongly oppose the sale and distribution of these lighters. The attached Ordinance will control the sale of novelty lighters and potentially save lives and property. FISCAL IMPACT: None. f f :�a ORDINANCE NO. 2007 — 2294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.21 THERETO, PROHIBITING THE RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS WHEREAS, novelty lighters have features which are. attractive to children, including visual effects, flashing lights, musical sounds, or toy -like designs; and WHEREAS, the Consumer Product Safety Commission has recalled thousands of novelty lighters since 1996 due their danger to public safety; and WHEREAS, juvenile firesetting has been identified as the fastest growing fire threat in the United States with more than 300 people killed, 30 percent being children, and almost $1 billion in property destroyed; and WHEREAS, many public safety agencies support the prohibition of the sale and distribution of novelty lighters, including the Burn Institute and the San Diego County Fire Chiefs Association; and WHEREAS, functions of novelty lighters can be achieved without posing a danger to public health and safety. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 10.21 is hereby added to the National City Municipal Code to read as follows: Chapter 10.21 RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS Sections: 10.21.010 Novelty lighters — Prohibitions; inapplicability. 10.21.010 Definition. 10.21.010 Exceptions. 10.21.010 Enforcement 10.21.010 Violation —Penalty. 10.21.010 Novelty lighters — Prohibitions; inapplicability. Beginning on June 1, 2007, the retail sale, offer of retail sale, gift or distribution of any novelty lighter within the territorial jurisdiction of the City' of National City is prohibited. This prohibition is inapplicable to: (1) novelty lighters which are only being actively transported through the city; or (2) novelty lighters located in a warehouse closed to the public for purposes of retail sales. Ordinance No. 2007 — 2294 Page 2 10.21.020 Definition. "Novelty lighter" means a lighter which is especially attractive to children ten years or younger due to a toy -like design or other features, such as buttons or devices that initiate visual effects, flashing lights, or musical sounds that might encourage a child to use the lighter. 10.21.030 Exceptions. The term novelty lighter excludes: (1) any lighter manufactured prior to 1980; and (2) any lighter which lacks fuel or a device necessary to produce combustion or a flame. 10.21.040 Enforcement. The provisions of this chapter shall be enforced by the fire marshal, any police officer, any code conformance officer, and any other City official authorized to enforce any provision of the Municipal Code. 10.21.050 Violation —Penalty. Any person violating any provision of this chapter is guilty of an infraction and, upon conviction therefor, shall be punished as prescribed in Section 1.20.010. Section 2. If any word, sentence, paragraph, or portion of this ordinance is deemed invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council hereby declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not be held to invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 22 iITEM TITLE Proposal for the Relocation of the Small Business Development and International Trade Center (SBDITC) to the Southwestern College Higher Education Center in National City PREPARED BY Leslie Deese DEPARTMENT (619) 336-4242 EXPLANATION City Manager's Office Southwestern College desires to relocate the Small Business Development and International Trade Center (SBDITC) to the Southwestern College Higher Education Center in National City. Currently the SBDITC is located on the main campus in Chula Vista. The College is requesting City Council approval to relinquish 3,996 sq. feet of space at the Education Center now dedicated to National City for retail and commercial purposes, to be utilized by the SBDITC. Attached is the proposal from Southwestern College. Mr. Victor Castillo, Director of SBDITC will be in attendance at this evening's Council meeting to present the proposal. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff supports relocating the SBDITC to the Southwestern College Higher Education Center in National City. Staff recommends the City Council consider adding the stipulation that National City retain the authority to approve any future use of the space should the SBDITC relocate or cease its operations at the Education Center. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposal from Southwestern College SBDITC Resolution No. A-200 (9/99) JE WEss DEVELOPMENT m Aoe CENTER 900 Oczy Lakes Load # 1600 ChoOi Vita. CA9i910 ( ) 482-639 FAX ;,i9 52-64O The Srr U;:_ porn shi The U.S. sroai BJii:less Acminiscat oa. The Chancellor's Office of the C.;iiforn.i CoCeges Proposal for the Relocation of the Small Business Development and International Trade Center (SBDITC) to the Southwestern College higher Education Center in National City Southwestern Community College District is interested in relocating the Small Business Development and International Trade Center (SBDITC) to the Southwestern College Higher Education Center in National City. Currently the SBDITC is located on the main campus in Chula Vista. The Small Business Development and International Trade Center is a program of Southwestern College serving the community of small businesses and entrepreneurs in San Diego. The SBDITC has been in existence for 18 years and is currently one of three centers of the San Diego and Imperial Counties SBDC Network (SBDC Network). The SBDITC offers individual business management counseling, training, resources and technical support to existing small businesses and entrepreneurs. The SBDITC also provides start up business assistance. In 2005-06 the SBDC Network services resulted in economic impact of over $25 million dollars in loans, equity capital, and increased sales. Other measurements include 554 jobs created and retained and 38 businesses established. Locating the SBDITC in the Educational Village should increase services to National Citv's existing small businesses. Another benefit will be the enhanced collaboration with the National City Chamber of Commerce and the City of National City in promoting business growth. Also, as many other small businesses and entrepreneurs from San Diego County access the services of the SBDITC at the National City location, they will become more acquainted with National City and become more aware of the City's major redevelopment plans. The Southwestern Community College District is requesting Council approval to relinquish 3,996 sq feet of space at the Southwestern College Higher Education Center now dedicated to the City for retail and commercial purposes., to be utilized instead by the Southwestern Community College District educational programs. We want to thank the City of National City for considering this proposal and for giving us the opportunity to address the Council and ask for your support. City of National City COUNCIL AGENDA STATEMENT a —,MEETING DATE: May 15, 2007 AGENDA ITEM NO. 23 ITEM TITLE: Request to use Kimball Senior Center and to serve alcoholic beverages by the 82nd Airborne Association for an Annual Memorial Day Dinner. PREPARED BY: Rudy Lopez`("" DEPARTMENT Community Services (619) 336-4560 The 82nd Airborne Association has requested the use of Kimball Senior Center for a memorial event on May 26, 2007. Additionally, the association requests permission to serve alcoholic beverages. If ap- proved by Council, a one -day Alcoholic Beverage Control license will be obtained prior to the event. Environmental Review N/A Financial Statement Approving the request for use will result in fees of $1,207.67 plus $160 in refundable deposits. STAFF RECOMMENDATION Approve the request for use. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Facility Use Application Resolution No. City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility Casa De Salud Date(s) of Use: :2 MAY , 2 co 7 Day(s) of Use: Time of Use: Fron}.g=o''-LZ.ccj /PM To: t(.:ooPM AMP- INCLUDE SET-UP &CLEAN-UP TIME rJbo ►�J Type of Function/Activity: 0 I N'I - - Name & Address of Organization/Group: Z v&-c-k a t (1.-6a f D t /1-SSo c_ e Non-profit organization• no Anticipated Maximum Attendance: t 50 Mp)X Is the event open to the public? t q-c, U O 4-Vt. Wl T+c 1Ac- ctt� �CsL�I«z' c Tax ID # *- Percentage of National City Residents 4e57a Will Admission be charged? 'i E S Amount $ aoef_ Will this be a Fund Raising Event? Equipment Requested: t 5Z3 # of chairs 2.e) # of banquet tables `{ S Podium/Microphone Use of Kitchen: ✓ Yes No Use of Gas for Range and Oven: Yes ✓ No Is the Use of Alcohol Requested? "Are.. E Will other paid services be used (i.e., commercial caterer Name: J cJ AN P -' LE DJ� Band, etc)? YES NO Phone: 42y-7(,2Z Name: Phone: Stage --E- cp4 1a p 7G 2 FRoi-4 Fe c t-i v N D e (L, e-r&v t'J 5Ot (c) C4> 0B -Ct c C&o I24c t BLS Ci5(08) Hcyv many t: es in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY_ REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: S / i / Iop7 PRINT NAME: C- 2A 2c- o CLAL-0) D 2rG v EZ SIGNATURE: ADDRESS OF APPLICANT: t L4 U 1- 14 r G a. t o r.► O 4 U CITY, STATE, and ZIP CODE: pPcnotJAC. C. r' C.� �'i (4S c7 PHONE: DAY Cp- Z-20at_ VENING EMAIL: L, Lo So g, s�eok t-JETFAX NUMBER: — Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. CONTACT PERSON ON THE DAY OF THE EVENT: A-L HOME PHONE: ((,rei) ¢-io _q 2Sc-, CELL: (644)) g23 - 9ZS Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: Check Key Issued: 3 YES NO 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 include 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: Pb2 ti 021C, (? J e LD t V A Ss mC b 7t 06.1 Person in charge of activity: R. Gv e Address: tud/ -A- H-16-Nt-4-6-1i) Aver NJ&r, tJA<_ctTi,c4 Telephone:(ea ) Z-'dS t U E-Mail: (.. Aw So p, P Q- , N e -c City Facilities and/or property requested: tr-z-- LL t f-A gild S E N r c (2 Ki-re Date(s) of use: 0.6, t-.t © 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages 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 to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature of Applicant Official Time 2,00,7 Date Certificate of Insurance Approved by t-- r © N 2t_5 t.Z 3 ETzL Name and Title z ((Z-Pc)rZzi v7 , y /4.ssoc N P ' , Pep, F3o 302„ PA-`St✓iiLvcc 2,3tt Ze.,94 4 Safety/ Security Please describe your procedures for crowd control and internal security: cR- ' %a1 r> Cnt1-r-t2o L 4 cc.<--/ 2.Cr 6476. LL PR-O6>e--NO e) OeSte,cJAof -TL(C Ct--/>r) i Gt4G,PreC7ric cEe-1`7Fl C C A-S-c D D C'! P RA a i2- r". R ' 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: 5 Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: 1 L—N -5 c. cv G cb P A c- c_a t (. L. &el- v \fo ( L. c_._ ✓✓ ( �= X P E2 c Et`! C o-= & A ._ f2- (c 2`O(Z._ t3>` F4,4-ce ,c)c3 2 t--4Sv ip r/oN g ALceoc-EQL_ f2- OC - ti<_o P PEll- N t N Cdk6jZCet, cr l t l✓ c- "o'° the -4 c{ Q 6P. Lac Sv ( -co P 6 L-t-4,4. k < a Q L b--L P— n 6ca-- Z c= ,L- - c c C Lei r. O c-( 4. Q v 1��sCc�IS CO , 4-4oL t4 -( cc cL cZ-? A&c P-4. a-JC_ �= �l ' S 't—U Cc 3 S j�(O � l t-©o— t(A) L L L LLT i �._I�1 D N C-1 (7�{ c S cJ N c Z-r ©Zsi Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: a c: 9 L R Contact phone number the day of event(Cc,(a 4 YES t/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: ic Vi•torPolice Department Fire Department Community Services _ Building and Safety — Engineering Risk Management Finance Department Planning Department Yes No Condition(s) of Approval Initial Specific Conditions of Approval: Date 7 ACORDn, CERTIFICATE OF LIABILI TY INSURANCE PRODUCER LP•-kton Risk Services Box 410679 Kansas City, MO 64141-0679 PH:1-800-829-0919 DATE DAM/DO/TY) 09/15/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE INsuRED The 82nd Airborne Division Association Inc. NFCS, PO Box 9308 Fayletteville, NC 28311-7694 COVERAGES INSURERA: Insurance Corporation of Hannover INSURERS: Westport Insurance Corporation INSURERc: United States Liability Insurance Co. INSURER 0: INSURER E T HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE IMMlOD/YY1 POUCY EXPRATION DATE IMM/DO/YYI LIMBS A stmaiALLIABUTY X COMMERCIAL GENERAL LUBRITY H86AP1171303 - 12/01/2005 12/01/2006 - EACHocctM NcE * 1,000,000 ARE DAMAGE IAnY ors fv. t 300,000 CLA4'S MADE X' OCCUR MOM. IAay ors Penal i 10,000 - PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN1. X AGGREGATE LIMIT APPUES PER: 1 ropy( FaPIETT n LOC PROOUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBIEUABILITY X A ANY AUTO H86AP1171303 12/01/2005 12/01/2006 COMBSINGLE LIMIT $ 1,000,000 BODILY INJURY leer person) = BODILY INJURY (Par accident) $ PROPERTY DAMAGE (Per acadtn0 L GARAGE UAB1LfY ANY AUTO ..... AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG N EXCESS LABILITY OCCUR DEDUCTIBLE RETENTION $ CLAIMS MADE - EACH OCCURRENCE N AGGREGATE $ $ s $ B WORKERS COMPENSATION AND EMPLOYERS' UAB4JTY WCL0002809-04 12/01/2005 12/01/2006 X TORYLIAM S TER E.L EACH ACCIDENT - I 500,000 E.L DISEASE -EA EMPLOYEE $ 500,000 EL DISEASE - POLICY LIMIT $ 500,000 C DirOectors & Officer ND01002066I 12/01/2005 12/01/2006 Limit Each Claim $1,000,000 Retention $0 DESCRIPTION OF OPERATIONSLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS .11 members of The 82nd Airborne Division Association, Inc. are insured for activities while active for or on behalf of 'he 82nd Airborne Division Association, Inc. CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LEI IEH: CANCELLATION The 82nd Airborne Division Association, Inc. NFCS, Po Box 9308 Fayetteville, NC 28311-7694 SHOULD ANY Of THE ABOVE DESCRIBED POLJcES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL. 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE MO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ( l 4CORD 25-S (7197) ttcnnn, 82n`' Airborne Div. Assoc. Kimball Senior Center May 26, 2007 Noon- 11 PM Fund Raiser Assembly: 150 chairs and 20 tables @ $87.97 per hour for 11 hours Use of kitchen: minimum fee Kitchen cleaning deposit: required and refundable upon approval of the Public Works Department. Custodial: Separate check. Required and refundable upon approval of The Public Works Department Public Works Staff: $35.00 hour for a 2 hour set-up plus a 2 hour clean-up Building usage Fee: Non- refundable Total $967.67 50.00 60.00 100.00 140.00 50.00 $1367.67 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 24 ITEM TITLE Review of a Proposed Project Change for Substantial Conformance with an Approved Tentative Subdivision Map and Planned Development Permit for a Retirement Community including 498 Senior Residential Units on an 11.9-acre Vacant Site Between 4th and 8t" Streets and Between Arcadia Avenue and Burden Drive. (Case File No. 2007-28 Sub.Conf.) (Applicant: Generations Construction LLC)eF PREPARED BY Angela Reedgr 336-4310 DEPARTMENT Planning EXPLANATION City Council approved a Tentative Subdivision Map and Planned Development Permit (PD) for a 498 unit retirement community east of Paradise Valley Hospital in December of 2006. The applicant, Generations Construction LLC, has now requested to change the building plans for the two of the main buildings on the north end of the site. The request includes removing basement level parking (resulting in a loss of 75 spaces), reducing the height of two buildings, and relocating some on -site parking spaces to allow for additional landscaping between the buildings. The attached background report describes the site and the current proposal in detail. Environmental Review NIA Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the City Council find that the proposal is in substantial conformance with S-2006-2/ PD-2006-1. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report 2. Location Map 3. Applicant's Request Resolution No. 4. City Council Resolution No. 2006-261 5. Applicant's Plans A-200 (9/99) BACKGROUND REPORT SITE CHARACTERISTICS: The project site includes several parcels totaling approximately 12 acres in size, located at 2700 E. 4th Street, between 4th Street, 8th Street, Paradise Valley Hospital and San Diego Academy. The site is zoned RM-3; Senior Citizen Housing. It is surrounded by single-family homes to the north, San Diego Academy and a 96-unit housing development under construction to the east (Paradise Walk), a Church and commercial businesses to the south, and Paradise Valley Hospital to the west. HISTORY: In 2006 the applicant applied for a Tentative Subdivision Map and Planned Development Permit (S-2006-2/PD-2006-1) to demolish the remaining building on the site and build a new retirement community for residents 55 and older. The Planning Commission considered the Tentative Map and Planned Development Permit in September of 2006, voting to approve the proposal. City Council held a public hearing in October and approved the item as proposed. The Resolution for the approval was signed in December 2007. As approved, the development will include a total of 498 residential units, including both assisted living units and independent congregate units. The project also includes a Village Square building that will provide a variety of amenities and facilities for the community residents. The overall project density is approximately 41.4 units/acre, which is consistent with other senior developments in the City. Resident parking is located primarily on the first level with some additional surface spaces. Guest spaces are provided at various locations throughout the project, and the employee parking is provided primarily at the north end of the site near the Village Square and the Assisted Living Facility The applicant has subsequently applied for building permits for the construction of the first phase of the project in conformance with the approved Tentative Map and PD. PROPOSAL: At this time, the applicant has requested a plan change to allow them to remove the basement level parking approved in Buildings A, B, and K (which connects buildings A and B) on the north end of the site. These buildings are the only ones proposed with basement parking and therefore the tallest structures proposed on the site. Removing the basement parking would result in four floors of residential space over ground floor parking, similar to the four other independent living buildings on site. Removal of the basement parking would result in a loss of 75 parking spaces. The applicant is also requesting to relocate 20 surface parking spaces that were approved along an access road between four buildings (A/B and C/D). These spaces will be relocated 2007-28 Sub.Conf. — Paradise Village Project Page 1 of 2 throughout the site's other parking lots, resulting in no net loss of parking. The request will allow for additional landscaping between the buildings. ANALYSIS: Chapter 18.58 of the Land Use Code does not include a parking ratio for senior housing developments; therefore, the City determines parking requirements for senior projects on a case -by -case basis. Nationwide, a household in which all persons are over the age of 62, own an average of 0.6 vehicles. In addition, the likelihood of car ownership is reduced for seniors as they are more apt to take advantage of transit services and walk to nearby restaurants and shops. The location of this site is adjacent to transit, shops, and medical services which would reduce the need for the use of a car. However, based on our research of approximately a dozen jurisdictions, it is reasonable to require between 0.5 to 1.0 parking spaces per unit for a senior housing project. As a note, a recent senior project approved in the City (old Ha' Penny site) provided parking at a ratio of 0.65 spaces/unit. The applicant was providing approximately 0.84 spaces per unit or 556 resident parking spaces, and 147 guest and staff spaces. Their current proposal would now result in 0.75 spaces/unit (total of 344 resident spaces) and 119 spaces for staff and visitors, which would be still appropriate for this type of development. APPROVED PROJECT CURRENT REQUEST 0.84 Residential Spaces per Unit 0.75 419 Resident Spaces 372 147 Guest/Staff Spaces 119 566 - TOTAL PARKING SPACES - 491 (loss of 75 spaces) Based on the analysis above, the site will still provide adequate parking for 498 senior units and accessory uses. Also, the proposed removal of the basement parking would reduce the bulk of the affected buildings and make them more compatible with surrounding uses. 2007-28 Sub.Conf. Paradise Village Project Page 2of2 2620 IP-PD 2624 2642 2616 `. 8\ 309 2623 ice 730 2724 2630 2712 2575 APPROXIMATE PROJECT LOCATION i 329 ���th�tree , 'ath StCee RM-2-PD IP-'PD ',2943 ,82 � �� •�'� oof ?a- $'\ r' t o ` $330 ,i \ 1. B20 y a29 a4a N '+a2 R -3-PD 9O9 6 0 1 $° ° goo n %, g4,1 ZONING BOUNDARIES — — — • LOCATION MAP PROPOSED PROJECT CHANGE FOR SUBSTANTIAL CONFORMANCE WITH A SUBDIVISION AND PLANNED DEVELOPMENT PERMIT FOR A RETIREMENT COMMUNITY INCLUDING 498 SENIOR RESIDENTIAL UNITS 2007-28 SubConf NATIONAL CITY PLANNING DRN. DATE: 4/13/06 INITIAL HEARING: 5/15/07 !74/ Lb/:: Jt7/ L3: iz DUO /bbbµ71 l]trvct!Fi lUl':���U(`:5 K.UI. r-K •7 L, "JL' Generations ons April 19, 2007 Ms Angela Reeder Planner G1l'Y OF NATIONAL CITY 1243.National City Boulevard National City, California. 91950 (171S. REc PARADISE VILLAGE ease File No.,.S 2006-2PD-2006-ifIS-2006-1 Dear 'Angela, We have come across theneed for a possible change in the retirement comrnunity design that I would like to review with you. Recognizing we were above the required number of parking stalls and due to the high expense of construction, we are hoping to delete the basement parking in buildings A, B, and K. Parking'stntctures are ofconerete, and art a' - very expensive eonstructlori type; it would benefit the project if we could delete this area. By eliminating these basement stalls, the buildings would start at the same grade shown in prior submitted 'material From the south side, the land would slope down to the neighboring buildings. In doing this, we retain all but 75 df the parking stalls in -Buildings A,' B, and K. In addition, we are proposing to relocate. the 20 stalls between buildings AB/K, and C/D/L, allowing for more landscape between the buildings. Those stalls Will be distributed in other areas of the Village. A site planand building elevations of buildings A/B/K is eneIosed. In the Planning Commission staff report Of September I8, 2006;it states that in research of approximately a dozen jurisdictions, it is reasonable to require between 0.5 to 1.0 parking spacesper unit for a senior housing project The last senior project in the City (old Ha' Penny site) provided a ratio df 0,65. We would like to suggest that Paradise Village attain a ratio of 0.75 spaces per unit, or 372 stalls based on the total of 497 units at Paradise Village. Thi9 would leave 119 stalls for staff and visitors. We fell this number is' adequate for our needs, and hope the Council agrees with our findings. Thank -you foi your assistance. Sincerely, naeTG"i,aric C:1m yd oc Ipvlparkingai t04-04-07 g„, 8601 SE Causey Avenue • Portland, OR 97266 Phone (503) 652-0750 • Fax (503) 786-6451 Licensed • f onded N Insured • CC$#125377 A \-1 RESOLUTION NO. 2006 — 261 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT, APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A RETIREMENT COMMUNITY INCLUDING 498 SENIOR RESIDENTIAL UNITS ON AN 11.9-ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LLC CASE FILE NO. S-2006-2/PD-2006-1/IS-2006-1 WHEREAS, application was made for approval of a Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, on property generally described as: A portion of the Northeast'/ of the Southwest Quarter, a portion of the southeast '/4 of the southwest quarter, a portion of the northwest 'A of the southeast'/4, and a portion of the southwest Y. of the southeast 1/4 of Quarter Section 105 of Rancho De La Nacion according to Map thereof No. 166, together with Lots 1 thru 20 of Traquilla Place according to Map thereof No. 1433, all in the City of National City, County of San Diego, State of California WHEREAS, the Planning Commission of the City of National City, California, considered said application at a public hearing held on September 18, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on October 17, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2006-2/PD-2006-1 and IS-2006-1 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the Tentative Subdivision Map and Planned Development Permit, for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, based on the following findings: Resolution No. 2006 — 261 December 19, 2006 Page 2 FINDINGS FOR APPROVAL OF THE OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed senior residential community, at a density of 41.4 units per acre, is consistent with the uses allowed in the Senior Citizens' Housing (RM-3) Zone and the density of other similar senior projects within the City, since the proposal adds infill development suitable for a specific segment of our community as described in the report, and since there are no specific plans applicable to the property. This consistency finding is dependent upon the subsequent City Council action to amend the National City General Plan and applicable specific plans, which are not part of this action at this time. 3. The site is physically suitable for the proposed type of development, since the proposed senior residential community will provide a needed service for senior residents; meet or exceed many design regulations required of non -age restricted apartments; add to the urban character of the area; and the development mostly follows the existing contours of the site and only minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the three- to six -story buildings proposed will be buffered from the established single-family neighborhood adjacent to the east by the San Diego Academy property and a three-story multi -family subdivision currently under construction, will be buffered from the established single-family neighborhood to the north by appropriate setbacks, landscaping, and site layout, and will complement the existing hospital campus to the west. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. The design of the subdivision and the proposed/required improvements vi es ware ill ee providedto cause serious public health problems, since all necessary public 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since any easements located on the site will be relocated by condition of approval. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. Resolution No. 2006 — 261 December 19, 2006 Page 3 9. The subdivision has been considered by the Planning Commission with regard to its benefit to senior housing needs in the community and the region, and these needs are balanced by the availability of public service and public utilities to the project site. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the site can accommodate 498 senior apartments with adequate parking, social services and amenities, and useable common spaces which are appropriate for a senior residential community. 3. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since 498 new senior apartments will generate approximately 1,860 average daily trips (ADT) which can be adequately served by adjacent streets, including East 4`h Street, which is a collector with a functional maximum ADT of 10,000, and E. 8th Street, which is a major arterial with a functional maximum ADT of 25,000. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 498 new independent congregate and assisted living housing opportunities will be created in a region facing a growing demand for additional housing, especially senior housing. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (IS-2006-1) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the proposed Negative Declaration and authorizes the filing of a Notice of Determination. Resolution No. 2006 — 261 December 19, 2006 Page 4 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive is hereby approved subject to the following conditions: 1. This Tentative Map and Planned Development Permit authorize the development of a 498 unit senior residential community, including a village square building with social/retail amenities for residents, and open space amenities. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B, dated 8/08/06 and Exhibit C dated 8/21/2006, case file no. S- 2006-2/PD-2006-1. 2. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the zone designation affecting the property is approved by the City Council and amended to Senior Citizens' Residential (RM-3-PD). 3. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the National City General Plan and applicable specific plans are amended so that the project is consistent with these plans. 4. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted concurrently with the grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 5. Landscape plans shall include a minimum of 15% of 24" box or greater specimen trees adjacent to public roads and building facades that are visible from public roads and adjacent properties 6 All rooftop equipment shall be shielded from view of the neighboring uses and the method of screening shall be noted on building plans. Plans should correspond with the typical rooftop plan for Building A submitted by the applicant, which shows equipment in recessed rooftop wells, or shall show equipment placed within other approved enclosures or behind barriers, such as parapet walls. 7. A separate permit shall be submitted for review and approval of all signs prior to installation. 8. Waste/recycling plan detailing temporary site storage and disposition of trash and recyctables shall be submitted for review by the Planning Director prior to building permit issuance. All trash enclosures shall be provided with a solid, covered roof. 9. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association Standards (NFPA). Resolution No. 2006 — 261 December 19, 2006 Page 5 10. Fire access must be provided throughout the development. Minimum roadway width of 20 feet shall be provided, a turning radius of 28 feet, and a vertical clearance of 13 feet 6 inches on all sky bridges, per review and approval of the National City Fire Department. 11. Exterior doors and openings shall be readily accessible for emergency access. Access walkways leading from Fire apparatus access roads to exterior openings shall be provided. 12. Fire protection systems shall be required, per review and approval of the National City Fire Department. 13. Project shall cooperate with the National City Police Department to include provisions for project to comply with the Crime Free Multi -Housing Criteria and Crime Prevention Through Environmental Design standards. 14. All existing and proposed easements within the site boundaries shall be noted on the final map, specifying any proposed to be abandoned or relocated. 15. All new sewer systems installed in conjunction with the development and within the project boundaries shall be maintained by the property owner. 16. A bus shelter, including a bench and trash container, shall be installed along the bus route on 8th Street prior to occupancy and shall be detailed on the improvement and grading plans. The type, design, and location shall be coordinated with the National City Transit Director. 17. A Hydrology study (100 year flood) shall be submitted to the Engineering Department. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 18. 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. 19. 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. Resolution No. 2006 — 261 December 19, 2006 Page 6 20. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 21. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Grading plan shall be draw on D-size sheets. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 22. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 23. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged" of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 24. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer systems. The sewer study recommendations shall be part of the Engineering Department requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 25. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 26. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. /) Resolution No. 2006 — 261 December 19, 2006 Page 7 27. An existing 10:foot wide sewer easement reserved to the City of National City exists north of 7th Street. The sewer easement and main shall be relocated outside the proposed buildings. The easement shall be shown on the grading plans and the final map. 28. The deteriorated portions of the existing street improvements along the property frontages (4`h 6'h 8`h and Burden 200' of sidewalk, and 50' of curb and gutters) shall be removed and replaced to the satisfaction of the City Engineer. 29. Street pavement repair will be required on 4th Street and on Burden Drive (1500 sq. ft.) to the satisfaction of the City Engineer. 30. The driveway on 4th Street shall be an alley entrance type driveway with pedestrian ramps and shall be indicated on the grading plans. 31. 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. 32. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (75' of driveway) shall be replaced with curb, gutter and sidewalks to the satisfaction of the City Engineer. 33. A title report shalt be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing and proposed easements and the ownership at the property. 34. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services cost. 35. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 36. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 37. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 38. The proposed street vacation on 7'h Street shall be approved by the City Council prior to the final map approval. Resolution No. 2006 — 261 December 19, 2006 Page 8 39. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 40. The final map shall be recorded prior to issuance of any building permit. 41. All new property line survey monuments shall be set on private property, unless otherwise approved. 42. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 43. Television cable companies shall be noted a minimum of 48 hours prior to filling of cable trenches. 44. Exterior walls of buildings/walls/fences/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 45. A "No Parking," red cub zone shall be provided along the at the following locations: along the north side of East 81h Street, east 275 feet and west 150 feet from the Arcadia Avenue intersection. 46. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 47. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Map. 48. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Tentative Map, Planned Development Permit and Negative Declaration (IS-2006- 1) and any subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project, I f- Resolution No. 2006 — 261 December 19, 2006 Page 9 Applicant shall defend, indemnify, protect and hold harmless the City Of National City, its agents, officers, and employees, from any claim, action, liabilities and costs, including attorney's fees, or proceeding against the City Of National City or its agents, officers, or employees to attack, set aside, void, or annul, an approval by the City Of National City, its Planning Commission, or its City Council concerning this Tentative Map, which action is brought within the time period provided for in Government Code section 66499.37. The City Of National City will promptly notify the subdivider of any claim, action, or proceeding and the City Of National City will cooperate fully in the defense. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 19th day of Dec- ber 2006. on Morri on, Mayor ATTEST: n Mi hael R. Della, 1 ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-261 of the City of National City, California, passed and adopted by the Council of said City on December 19, 2006. .4 - City CIArk of the City of National City, California By: Deputy i r r BLIILDING "E" ARCADIA AVE. -AN BUILDING "C" BUI •DING "D" PARADISE VALLEY HOSPITAL cot-IPLEX •BUILDING "A" •BUILDING "B" WALL noo BUILDING "I-" VILLAGE SQUARE BUILDING "G" u/���jHII!iOItlU011i11 SAN DIEGO ACADEMY TDOAOR I FLF e81S Stall vs I eint ZIA L_ Ioz= NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE, NO2007-28 Sub. Conf. DATE: 04/23/2007 cs==n ra:ar!�r+r.�lrsii .PROPOSED• O BUILDING A ELEVATIONS OR ALTERATION TO BUILDING ELEVATIONS / HEIONT Paradise Village Retirement Community An Adventist Cenrspdb! Massa CIQh QIIA/m/S ofM Partnership P RoPOS E 17 J BUILDING A ELEVATIONS MINOR ALTERATION TO BUILDING ELEVATIONS / HEIGHT Paradise Village Retirement Community Family of Coinpanles pae4mrsyp 0 0 nlj APPF,o\IED -6i.1) A BUILDINGA ELEVATION NORTI-1 ANC, WEST EL,Ev)) ) u Paradise Village Retirement Community S.) APPROVED - BSA BUILDING A ELEVATIONS SOUTH AND EAST ELEVATIONS Paradise Village Retirement Community PRoPUSE1:). ° BUILDING B ELEVATIONS MINOR ALTERATION TO BUILDING ELEVATIONS / HEIGHT Paradise Village Retirement Community An Adventist Communlgd Generations Pamlly M Companies Partnership MNNw Gir. Ciahula at #$`'d`I let ILj" Pgc>1:>0 SE BUILDING B ELEVATIONS MINOR ALTERATION TO BUILDING ELEVATIONS / HEIGHT a Paradise Village Retirement Community An Adventlal Commirdly/ Geeterations Familly of Companies Parbenthip AppRovE.D - 3LDv BUILDING B ELEVATIONS". NORTH 4 WEST ELEVATIOi„ n. II Mi 11 11 11 Paradise VI#lage Retirement Community I APPROVED - 13LPG BLILDINO B ELEVATIONS SOUTH t EAST ELEVATIONS Paradise Village Retirement Community City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 25 ITEM TITLE TEMPORARY USE PERMIT - Revised dates for Philippine Fair & Parade at Kimball Park on June 9, 2007 from 8 a.m. to 6 p.m. Stage set-up has been changed to June 8, 2007. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This event was approved by City Council on April 3, but the applicant has requested that Public Works set up the stage one day earlier, on June 8, 2007. Public Works has confirmed this date, and fees have been adjusted to reflect the additional costs. Police Fees were waived when the amended City Council Policy #804 was adapted. This is a one -day event that begins with a parade that includes marching bands, floats, elected officials from San Diego County, and the Los Angeles Philippine Consulate. On site will be over 80 information and food booths, as well as cultural presentations and a ribbon cutting ceremony. The Parade route assembles at the Wal-Mart lot on E. 12th St., proceeds east to Highland, north on Highland Ave, west on E. Plaza Blvd., turns south onto D Ave. and ends at the Kimball Park south lot adjacent the Boys and Girls Club. The applicant is requesting the use of the full City Stage. City Council Policy requires Council approval for the use of the stage. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP, plus $449 nn Finance Director for the Fire Permit(s), and $5,300.44 for Public Works. The co-sponsorship credit is ($1,500.00). Total cost: $4,944.44. Account No. STAFF RECOMMENDATION `-�YtGt Approve the Application for a Tempo r y Use Permit subject to compliance with all conditions of approval including use of the City Stage. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: CoPAO EVENT: Philippine Fair & Parade DATE OF EVENT: June 9, 2007 (set-up June 8, 2007) TIME OF EVENT: 8 a.m. to 6 pan. PLANNING COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ J YES[ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL POLICE (619) 336-4400 Police fees have been waived pursuant to amended Council Policy #804. ENGINEERING_ RISK MANAGER ENGINEERING [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ J SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE NQO [ ] SEE CONDITIONS [ ] CITP ATTORNEY YES [ x ] [ ] SEE CONDITIONS [ x ] YES [ x J NO [ J SEE CONDITIONS [ x ] No CIP Projects in the event's vicinity anticipated as of date. Please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. Please note that the Wal-Mart parking lot is private property. Any arrangements should be made with Wal-Mart's management regarding usage of their parking facilities. FIRE (619) 336-4550 1. Fire access to be maintained at all times, minimum width of 20' with a minimum vertical clearance of 13'6". 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). Within the surrounding area of the event. 3. Tents having an area in excess of 200 square feet and or canoequaling exs of 400 square feet or multiple tents and canopies placed together are to bor greater than the above stated areas, are to be used, e- retardant treated and a permit form the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Cncroach of 4 Parade participants to move immediately to devishe es. uponpp emergency vehicles operation emergency warring Sher locations to me 5. 2A:10BC fire extinguishers required. Fire extinguis her plainly marked, and not to exceed a travel distance of fifty (75) ) 6. Provide metal cans with lids labeled "HOT COALS ONLY" for those that bar-b-que. areas where oil and or 7. 40BC or Type K fire extinguisher required in cooking grease is used or generated. g (generator) are to be placed 8. No parked vehicles or internal combustion engines (g within 20 feet of the tent/canopy. 9. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred (100) dollars. 10. Total fee amount for all Fire Department permits: $449.00. Fees can only be waived by City Council. FINANCE (619) 336-4330 1. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that the event will be held primarily on City property at Kimball Park; however numerous City streets, including portions of Highland Avenue, E. Plaza Blvd. and D Avenue will be closed from 8:00 a.m. to 12:00 noon. The applicant sponsoring organization, Council of Philippine American Organizations of San Diego County, Inc., has signed the Hold Harmless and Indemnification Agreement; however no insurance certificate has been provided. For this event, we should require commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.) aggregate. In addition, because floats will be part of the parade and trucks or other vehicles will be used to transport materials for the stages and canopies which will be erected, commercial auto coverage with limits of at least one million dollars ($1,000,000.), combined single limits, must be provided. The auto coverage must include the designation "any auto", i.e. owned, non -owned and hired. Further, the City of National or City, its elected officials, officers, employees and agents must be named as additional insureds on both the CGL and auto policies pursuant to separate endorsements which need to be provided, along with the certificate (acord form) prior to the event. If the organizer does not have insurance, we may be able to procure the coverage through a special events program and bill the organizer but I would prefer to request it from the sponsoring organization first. Let me know if you have any questions. PUBLIC WORKS (619) 336-4580 Street Division 1. Staff will barricade affected streets and d remove vtethem d strewhen s before the event is over. t. 2. Staff will post "No Parking" signsg for this event is estimated to be 3. The cost to provide Street personnel support $2,106.16. This amount should be paid to the City, unless waived by the City Council. Parks Division 1. Council Policy #704 limits to one event every six weeks to allow the lawn to rejuvenate. We have three events scheduled in May, June theJuly. ark the City 2. The event organizers shall provide nighttime security 1? equipment for the duration of the event. ster for the event. 3. The event organizers shall provide a trashaumpsterf toilets. 4. The event organizers shall provide 10 p 5. The cost to provide park maintenance personnel for this event is estimated to be $3,260.42. • Set up 4 hours @ $232.88 per hour = $931.52 + OT for new set-up day at @ $232.88 = $1164.40 • Break down 4 hours @ $232.88Per our =h$9ur 31.52 4.50 • Event hours 25 man hours @ $ 1e r• Total cost for event $ 3,260.42 can be 6. A permit is required for the Astrojump for this event. The permit obtained at the Community Services Department. Facilities Division ed off at Kimball Park on June 9th 1. Facilities to provide up to 300 chairs, dropped at 8 a.m. and picked up at 8:30 p.m. 2. Cost of labor overtime for 2 men for 6 hours is as follows: • 1 custodian 3 hours @ $22.26 per hour = $66.78 • 1 tradesman 3 hours @ $33.32 per hour = $99.96 • Total cost for event $166.74 3. The event organizers shall provide security for chairs left out at night. 4. The cost to provide Faciliies personnel is $166.74 Fees applicant shall pay $5,533.32 for staff Unless waived by the City Council, the costs associated with this permit request. Type of Event: _ Public Concert x Fair X Parade _ Demonstration — Festival Circus Oththerer Motion Picture Grand Opening _.., Community Event Block Party Event Title: Council of Philippine American Organizations Philippine Event Location; Kimball Park Event Date(s): From n6-0 _ 07 jp Total Anticipated Attendance: 5� OOO Month/Day/Year 8 c 1 na Participants) __ELKam/ pm to 6 : QO/pm (aQLI-Q,.Spectators) Actual Event Hours: Setup/assembly/construction Date: 06-08-07 Start time: 12:00 noon Please describe the scope of your setup/assem iNy work (specific details):. decorate vendor booths, stages and canopies. Receive trash dumpster, trash cans, porta potties and wash stations. Dismantle Date: 06 1 0- 07 Completion Time: 100_ a List any street(s) requiring closure as a result of this event Include street name(s), day and time of closing and day and time of reopening. From Wal Mart .arkin lot assembly)_ to north of Highland Avenue, west onto P . a 61 d turn south on D Avenue on Saturda June 9 2007 from 8:00 a.m. - 12:00 noon. Sponsoring Organization: Council of Phili: ine American Or anizat itTOS Profit Chief Officer of Organization (Name) Rita Buencamin o Andrews Not -for -Profit Applicant (Name): Me r l y Ferrer -- -'4— Address: 832 1/2 "E" Avenue, National City, CA 91950. Daytime Phone: (61477-4090 Evening Phone: 6�1 606-6475 Cell 619 606-64 5 Fax: Lf_19 477-6052 Contact Person "on site" day of the event: Mer ly Ferrer �— Pager/Cellular (619) 60.6-6475 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Yahoo! Maps -National City, F 4 91950 Page 1 of 1 I vour nftm-iM Yalta)! fieeffulvel Mai ArkEICOOr OC min #� New Used Sian UQ Yahoo! Maps - National City, CA 91950 GD woo a ▪ I• xtb Maas li9m - When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. ....-................. Copyright ig) 2006 Yahoo! Inc. All rights reserved.e�of Use - Ne - A ee �k ► eMce tir P Policv �noo P v fipolKy -Term — ahoo.com/pmaps?°am�&e= wU M72JPep_OTpmGr70PW6hoiNBU-Z63A-.- 3/17/2006 http://maps. y Attachment for the Council of Philippine American Organizations of San Diego County, Inc. (COPAO) Temporary Use Permit Application Overall Event Description: Please see attached map for the proposed parade route. Beginning at 8:00 a.m. on Saturday, June 9, 2007, parade participants will assemble at the Wal Mart parking lot on E. 12th Street. Parade participants will proceed onto the parade route north of Highland Avenue, head west onto E. Plaza Blvd., turn south on D Avenue and end at the Boys and Girls Club and Kimball Park south parking lot. Streets will be required to be closed for the parade from 8:00 a.m. - 12:00 noon on Saturday, June 9, 2007 will consist of: E. 12"' Street, Highland Avenue, E. Plaza Blvd. and D Avenue. All side streets that lead into Highland Avenue to E. Plaza Blvd. and D Avenue. Residents, businesses and churches in the surrounding areas will be notified of this closure thru press releases in community newspapers, flyers and mailers. In addition, volunteers will distribute flyers in the community and walk door-to-door to provide notification of the event dates and street closure times two weeks before the event. Our logistics and parade coordinator will work closely with National City Police Department representative to ensure that a safe parade route will be intact for the expected participants and spectators of the parade. Is your organization a 'Tax Exempt, nonprofit" organization? X YES NO Are admission, entry, vendor or participant fees required? x YES _ NO If YES, please explain the purpose and provide amount(s): Vendor fee to offset the expense for this event. 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? $ 60,000 $ 60,000 $ -0- 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 0n Saturday, June 9, the event will begin with a parade that will include marching bands, floa elected officials from San Diego County and the. Los Angeles Philippine Consulate. Filipino -American associations will represent a variety of Filipino festivals featuring participants in color- ful attire during the parade and during cultural presentations throughout the program. There will be over 80.information, vendor and food booths on site. Immediately after the parade, there will be a ribbon cutting ceremony followed by a scholarship presentation and entertainment program YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES x NO Does the event involve the sale or use of alcoholic beverages? x YES ^ NO Will items or services be sold at the event? If yes, please describe: Cultural attire, wares and books. F lihino food. x YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. x YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event x YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 80 Sizes 10 x & 10_ x 20. NOTE: A separate Fire Department permit is required for tents or canopies. x YES _ NO Witt the event involve the use of the City stage or PA system? City stage with. extension. Cgsw.tl-s r74•& 5"112. 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 Fond wi3 1 hp sPrvPri frnm an enclosed canopy and will follow San Diegc County food handling rules. If you intend to cook food in the event area please specify the method: xx GAS x ELECTRIC x CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 10. (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or traders > 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: 30 Trash containers with lids: will utilize 1 large bin Describe your plan for clean-up and removal of waste and garbage during and after the event: Volunteers will assist in the clean-uu durin9 i after the Pvnnt If budget allows, a clean-up crew will be contracted for this task. 3 j J co \�\ ��N 5"ldnol.1\10N1 OaLVN-9ls3C Cv4 6 P > /1 Ak 51 a ,3 s d 14 4 J P 'y 5 i ca `- n GdY ' 31Q`cit)--‘vI l 11M ryp0$ t-YJdi ---A'l % j 0301 sots as NV VA r1\1g3S\S O NO S1-�oo� a-9d is rtv o+ �,ro / t-- - NOU-'Olisr6r 1 -oo N3 f\ }4,),Q0$. Cvv3 wvoE aoo3 �dONttJ tkiSt0� g7,xo1- 0G1C1CIC) ---9N1-7-75t1 'Dh811d (D 7 k rQi is \ 'v M -9r4Pzbd --PQN a'-LQ \-\\*ekd, o Please describe your procedures for both Crowd Control and Internal Security: Vo 1 u ntePrs will assist in crowd control. Local law enforcement agencies will also be asked to participate in the event. _ YES x NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: — YES x NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. RN's and medical doctors from the Philippine Nurse's Association and Pilipino Doctors Association will provide staff & equipment in a First Aid Station. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Parking for individuals will be designated on the south side of the venue. In addition, vendors will make necessary accommodations to serve this clientele. Please provide a detailed description of your PARKING plan: Off street parking surrounding the venue on l2th, 14th Streets & D Avenue is for the public. VIP parking will be at Morgan Towers. Disability parking will be south be south of the venue near Boys & Girls Club. Vendor parking Please describe your plan for DISABLED PARKING: will be designated on the west side of the venue near National City's City Hall. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event Notification will be through press releases in community papers. Mailers and flyers will be distributed by volunteers 2 weeks before the event. Flyers will be dropped off door to door by volunteers. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. x YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 2 Number of Bands: T BA Type of Music: Folk, Pop and R&B_. x YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 10:00. am/Oih Finish Time 5:00 >arNpm x YES NO \MII sound checks be conducted prior to the event? If YES, please indicate: Start time: 9 : 3 0 arn/ ttf Finish Time 10_4 0_0 an Please describe the sound equipment that will be used for your event: Amplifier, speakers, mixer, mic YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners on major streets & intersections to indicate event location. Signage on vendor booths and stage. Revised 08/10/05 5 For Office Use Onlfy Event: 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 Council of Phi 1 ippine American Organizations. of San Diego County, Inc. Person in Charge of Activity Merl y Ferrer Address 832 1/.2 "E" Avenue, National City, CA 91950 Telephone C619.) 60.6-6475 (cell ).Date(s) of Use 06-09-07 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 attomeys 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 contractor )igfiature of Pilicant Executive Vic.' President Official Title Date Vo 7 For ce Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Counc i 1 of Phi 1 i ppi ne American Orga ni - zations of San Diego County, Inc. (COPAO) Type of Organization Community Service (non-profit) (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) x No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature /' 9 Date ntioi:ai City, Cw2ifoe; a COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 26 RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FOR ' THE PERIOD OF 04/20/07 THROUGH 05/03/07 OF $768,487.11 PREPARED BY Rizza A. Dela Cuadra Accountant 619-336-4265 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Reviev Financial State,T:s ?t Approved by: ft , Tess .im#tleco, Final-ie., Director Total expenditures for the period of 04/19/07 THROUGH 05/03/07 amount to $768,487.11 Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A Ratification of Expenditures for the period 04/19/07 through 05/03/07 FOR MEETING OF MAY 15, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 04/20/07 - 05/03/07 Pa ee Descri . tion ChkNo Amount CDC CITY OF NATIONAL CITY CITY OF NATIONAL CITY CORNERSTONE CONSULTINGS CORPORATE EXPRESS INC DEPT OF ENVIRONMENTAL HEALTH EMPLOYMENT DEVELOPMENT DEPT. FEDEX FEDEX FOLEY & LARDNER GE CAPITAL HARRIS & ASSOCIATES INTERNAL REVENUE SERVICE TESS LIMFUECO MCKENNA LONG & ALDRIDGE MORELAND & ASSOCIATES, INC. MORELAND & ASSOCIATES, INC. NATIONAL COMMUNITY DEV ASSOC NATIONAL CONSTRUCTION RENTALS OVERLAND PACIFIC & CUTLER, INC PAUL DESROCIIERS PETTY CASH -CDC PROJECT DESIGN CONSULTANTS RICK ENGINEERING COMPANY SAN DIEGO COUNTY RECORDER SAN DIEGO COUNTY TAX COLLECTOR STATE COMPENSATION INSURANCE STATE OF CALIFORNIA VERIZON WIRELESS CDBG COMMUNITY YOUTH NUTRITION AIRGAS - WEST CALIFORNIA BAKING CO: CENTRAL MEAT & PROVISION JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE NATIONAL CITY SENIOR NUTRITION PADRE JANITORIAL SUPPLIES, INC SYSCO SAN DIEGO HOUSING ASSISTANCE PAYMENTS ALICE CANO CORPORATE EXPRESS INC GMAC MORTGAGE KITAGAWA HOME & OFFICE SUPPLIES STATE COMPENSATION INSURANCE VERIZON WIRELESS PAYROLL CITY INVESTMENT EARNING DEP APPLICATION FEE FOODLAND MARKET FACADE REDEV OFFICE SUPPLIES C & M MEAT PACKING UNEMPLOYMENT INS REIMB BENEFIT MAILING FEES -BANK OF NY TRANSPORTATION FEES LEGAL SERVICES EQUIPMENT LEASE FOODLAND PEANLTY FOR PAYROLL TAX DEP REIMB-CRA INTRO TO REDEV SERVICES THROUGH FEB 28, 2007 FINANCE CONSULTING FEES FINANCE CONSULTING FEES PROMOTIONAL SUPPLIES FOR IIUD FENCE RENTAL PARK VILLAGE RETIREMENT BEN FOR APRIL 2007 REPLENISHMENT OF PETTY CASH NC STREETSCAPE BAY MARINA DRIVE WIDENING RECORDING FEES FOR RECONVEYANCE SEVERAL TAX BILLS WORKERS' COMP FOR MARCH 2007 SDI - 1ST QUARTER 2007 APR 07 CHGS & AUG 06 ADJ SUBTOTAL - CDC CDBG REIMB CLAIM FOR MAR 2007 SUBTOTAL - CDBG HELIUM MONTHLY FEE BREAD PRODUCTS MEAT PRODUCTS FOOD/CONSUMABLES MILK PRODUCTS LINEN SERVICE CATERING SERVICE JANITORIAL SUPPLIES FOOD/CONSUMABLES SUBTOTAL -NUTRITION TOTAL -GENERAL FUND MANUAL PAYMENTS MILEAGE REIMBURSEMENT OFFICE SUPPLIES BUILDING UTILITIES OFFICE SUPPLIES WORKERS' COMP FOR MARCH 2007 APR 07 CHGS & AUG 06 ADJ TOTAL - SECTION 8: PPE 04/23/2007 TOTAL - ADMINISTRATIVE REVOLVING FUND: 17023 17038 17024 17040 17041 17042 17026 17043 17044 17045 17046 17047 17027 17028 17029 17051 17053 17054 17055 17025 17057 17058 17059 17030 17031 17032 17033 17034 $ 2,000.00 2,136.00 1,019.00 130.68 9,395.50 6,434.07 24.20 23.54 797.50 209.48 2,925.00 578.89 611.56 4,623.00 4,578.75 4,578.75 145.00 142.52 600.00 110.00 190.95 11,102.50 14,348.93 44.00 5,976.07 3,348.89 2,461.26 481.27 $ 79,017.31 17039 $ 1,666.67 17035 17036 17037 17048 17049 17050 17052 17056 17060 $ 1,666.67 $ 21.59 220.35 1,176.00 4,164.46 294.75 45.75 550.00 1,421.51 3,589.85 $ 11,484.26 $ 92,168.24 $ 589,347.66 10341 $38.04 10346 448.48 10342 $538.70 10343 $200.92 10344 $665.00 10345 $305.99 $ 591,544.79 TOTAL OF ALL FUNDS: $ 768,487.11 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 15, 9007 AGENDA ITEM NO 27 ITEM TITLE Resolution approving an Amendment to the Lease Agreement between Frank Motors, Incorporated and the Community Development Commission (CDC) of National City for real property located at 922 West 23rd Street in National City, CA, and authorizing the Chairman to execute said Agreement. PREPARED BY Xavier Del Valle Senior Project Manager DEPARTMENT 9 Community Development Commission EXPLANATION On October 3, 2006, Frank Motors and the CDC entered into a Lease Agreement for vehicle storage use on the CDC -owned parcel located at 922 West 23rd Street in National City, CA, otherwise known as the National City Train Depot. Frank Motors and the CDC desire to extend the Agreement to allow Frank Motors an adequate period of time to seek an alternative means for vehicle storage once the CDC exercises its right to terminate said Agreement. The term of the proposed Amendment shall be ninety (90) days beginning on the executed date of the Amendment. Rent for the leased premises shall not change from the Agreement that was entered into by both parties on October 3, 2006. Per the Agreement, Frank Motors shall pay the CDC rent in the amount of $1,860 per month for approximately 15,500-sf of space. Environmental Review The proposed Agreement is exempt from CEQA review. Financial Statement Frank Motors shall pay the CDC rent in the amount of $1,860 per month for approximately 15,500-sf of space. The rent shall be payable on the 1st of each month beginning on the executed dated of the Agreement. STAFF RECOMMENDATION Adopt resolution approving an Amendment to the Lease Agreement between Frank Motors, Incorporated and the Community Development Commission (CDC) of National City for real property located at 922 West 23rd Street in National City, CA, and authorizing the Chairman to execute said Agreement BOARD / COMMISSION RECOMMENDATION N/A ,ATTACHMENTS 1. Resolution 1. 2. Amendment to Lease Agreement 3. Lease Agreement (October 3, 2006) Resolution No. A-200 (9/80) RESOLUTION NO. 2007 — 105 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN FRANK MOTORS, INC. AND THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY FOR REAL PROPERTY LOCATED AT 922 WEST 23RD STREET WHEREAS, on October 3, 2006, Frank Motors and the Community Development Commission of the City of National City ("CDC") entered into a Lease Agreement for vehicle storage use on the CDC -owned parcel located at 922 West 23`d Street in National City; and WHEREAS, Frank Motors and the CDC desire to extend the Agreement to allow Frank Motors an adequate period of time to seek an alternative means for vehicle storage once the CDC exercises its right to terminate said Agreement; and WHEREAS, the term of the Amendment shall be ninety (90) days beginning on the executed date of the Amendment. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves an Amendment to the Lease Agreement between Frank Motors and the CDC for real property located at 922 West 23`d Street in National City. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AMENDMENT TO LEASE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY NATIONAL CITY AND FRANK MOTORS, INCORPORATED This Amendment, effective as of May 15, 2007, is made by and among the COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ("LESSOR"), a community development commission and FRANK MOTORS, INCORPORATED, a California corporation ("LESSEE"). RECITALS A. On October 3, 2006, the Lessor and Lessee entered into a Lease Agreement ("AGREEMENT") for vehicle storage use on the real property located at 922 West 23ra Street in National City, CA, otherwise known as the National City Train Depot and whose legal description is attached to Agreement. B. Lessor and Lessee desire to extend the Agreement to allow Lessee an adequate period of time to seek an alternative means for vehicle storage once the Lessor exercises its right to terminate said Agreement. AGREEMENT NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Recitals. The forgoing recitals are true and correct and are incorporated herein by this reference. 2. Term. Section B3 on Page 1 of the Agreement is amended in its entirety to read as follows: 3. Term. The term of this Agreement shall be ninety (90) beginning on the executed date of this Agreement. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative means for vehicle storage once the CDC exercises its right to terminate said Agreement. 3. No Other Modifications; Amendment Controls. Except as modified by this Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. In the event of a conflict in the terms and conditions of the Agreement and this Amendment, the terms and conditions of this Amendment shall control. All references to the Agreement in any document shall be deemed to mean the Agreement as herein modified. Page 1 of 2 Amendment to Agreement IN WITNESS WHEREOF, this Amendment is executed by the parties, intending to be legally bound, as of the date first written above. Community Development Commission Frank Motors, Incorporated Of the City of National City By: By: Ron Morrison, Chairman J -s Fom: a, President APPROVED AS TO FORM: By: Bv: George Eiser, III, CDC Attomey Page 2 of 2 Amendment to Agreement General Manager LEASE AGREEMENT By and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and FRANK MOTORS, INCORPORATED This Lease made and entered into this 3rd day of October 2006 by and between the Conununity Development Commission of the City of National City ("CDC"), hereinafter designated as "Lessor," and Frank Motors Inc., hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the southern portion of the parking lot (all real property 185 feet north of southern property boundary) located at 922 West 23rd Street in National City, California ("Vehicle Storage") to facilitate vehicle storage for automobile dealers on the Mile of Cars in National City, California. "Vehicle Storage" is more fully described as Lessee's exclusive use of a 15,500 square feet area on Exhibit "A" as Vehicle Storage. B. The use of said property for the purposes aforementioned will promote the general welfare of all inhabitants in the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. LEGAL STATUS OF OPERATOR: Operator warrants that it is a legal corporation, incorporated under the laws of the State of California. 2. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as western portion of the lot located at 922 West 23rd Street, otherwise known as the National City Train Depot site and whose legal description is attached hereto as Exhibit "B." 3. Term. The tern of this lease shall be a month -to -month lease, but no longer than six (6) months, beginning on the date first above written. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative method of vehicle storage. Lessee to initial here -/1 rOlt ate 4. Rent. Lessee shall pay as rent for the leased premises ten ($.12) cents per square foot for approximately 15,500 square feet of space, or One Thousand Eight Hundred Sixty and 00/100 Dollars ($1,860.00) per month for the term of this lease, payable on the 1S1 of each month commencing on the date of signing by the Lessor. Page 1 of 5 5. Mailings & Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; 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, fax or email, when sent. Any payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 Frank Motors Inc. Attention: James Fornaca, President 2400 National City Boulevard National City, CA 91950 6. Use. The above -described premises are leased to Lessee by Lessor for the purpose of providing vehicle storage. 7. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for said purpose. 8. Improvements. Lessee shall maintain all improvements in conformance with the laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 9. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvements located or to be located on the leased premises. Lessee shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. Lessor shall cause the landscaped areas to be cared for, trimmed, mowed, and weeded as necessary to maintain an attractive property. 10. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the Community Development Commission of the City of National City, the City of National City and their officers, employees and agents from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the improvements thereon by Lessee or any sub -lessee. 11. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general Liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. Page 2 of 5 This policy shall name Lessor the Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shallnot contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five percent (85%) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. 12. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 13_ Termination. This Lease may be terminated by either party (without cause) upon thirty (30) days written notice. 14. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 15. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 16. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. Lessee also agrees to pay for and obtain all required regulatory approves (permit) for any signage deemed necessary for the property. Page 3 of 5 17. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 18. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 19. Termination by Lessor. Notwithstanding any other provision of this lease to the contrary, Lessor may terminate the Vehicle Storage lease upon thirty (30) days written notice to Lessee in the event Lessor determines the leased Vehicle Storage premises are uniquely suited for public, municipal or redevelopment purposes. In the event of such a termination Lessor agrees to work with Lessee to seek reasonable alternative Vehicle Storage, and Lessee shall limit all of its claims for damages against Lessor to require Lessor's good faith assistance in relocating the Vehicle Storage. The burden of securing adequate Vehicle Storage, in any case, is on Lessee. 20. Environmental Compliance. Lessee shall not engage in, nor shall it permit any third patty to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law. Lessee shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). In addition, Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. Lessee shall not create nor permit to be created nor permit to exist upon the Premises any non- compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). Leassee shall contain any Harmful Condition to prevent it from deteriorating. Lease shall notify Lessor immediately of any Harmful Condition or non-compliance with any Standard and Lessee shall notify all responsible local, state, or federal agencies as required by local, state or federal regulations. In the event Lessee fails to be in full compliance with the obligations assumed by Lessee herein and Lessee does not correct such non-compliance within three (3) days of written notice of such failure given by Lessor, Lessor may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If however, Lessee has begun compliance within the allowed three (3) days of written notice, but such compliance cannot be accomplished with the allowed time frame, Lessor shall not interfere with Lessee's good faith efforts. If compliance has not been accomplished within fifteen (15) days, Lessor may, but shall not be obligated to, take whatever action is necessary. Page 4 of 5 Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by Lessor as a result of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions and/or a violation of Standards. Lessee shall indemnify, defend and hold Lessor, its employees and agents, harmless from and against any claim or lawsuit, local, state or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of Lessor and Lessee, which arise during Lessee's presence on, or negligent use of, Premises. Except for those Harmful Conditions preexisting the term of this lease, Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by Lessee with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this Lease. 20. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials, buildings, strictures, or other improvements upon the Licensed Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission of the City of National City, pursuant to resolution authorizing the Chairman to execute the same for and on behalf of said CDC, and Frank Motors, Inc., has caused this instrument to be executed by its proper representatives thereon to duly authorized. Community Development Commission Of the City of National City By: Nic APPROVED AS TO FORM: By: % Tj ` d George Eiser, III, CDC Attorney Page 5 of 5 Frank Motors, Incorporated G.i� enellGe 'al Manager z J a CC SDERA OUTDOOR STORAGE Exhibit Exhibit "A" MOTIVATIONAL SYSTEMS INC. VEHICLE STORAGE FRANK MOTORS 23RD STREET TRAIN DEPOT ACCESS REMAINING HANDICAPPED PARKING OLSON NEW FENCE FRANK MOTORS ACCESS DEVELOPMENT BAY MARINA DRIVE MARINA GATEWAY HOTEL DEVELOPMENT Community Development Commission COUNCIL AGENDA STATEMENT MEETING DATE May 15, 2007 AGENDA ITEM NO. 28 ITEM TITLE Authorizing the Chairman to execute an Agreement with Christmas in July*National City in the not to exceed amount of $100,000 to provide Rehabilitation Services to low-income homeowners in National City for Fiscal Year 2006-07. PREPARED BY� Xavier Velasco Sr. Economic evelopment Manager DEPARTMENT Community Development Commission EXPLANATION Christmas in July (CIJ) conducts an annual event designed to provide safety, security, dignity, and independence to very -low income, often elderly and handicapped families in our Community. Fiscal Year 2006-07 represents the 16th year in which CIJ has made a difference to many families throughout National City. Having not been approved and/or eligible for either CDBG or HOME funds for Fiscal year 2006-07, the Community Development Board did approve by way of Resolution No. 2006-119 to provide CIJ with $100,000 of 20% Set -Aside Funds by explicitly including it in the CDC Budget. Environmental Review Not applicable Financial Statement: A total of $100,000 of 20% Set -Aside Funds has been earmarked in the approved CDC 2006-07 Fiscal Year Budget for Christmas In July's Home Repair Program. CC4Q - 416g-634— Account No 534-9ffi- V — 2 STAFF RECOMMENDATION Staff recommends that the Community Development Commission Board Annrove the attached Agreement and Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1. Agreement with Exhibits 2. Resolution Resolution No. A-200 (9/80) RESOLUTION NO: 2007 —106 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH CHRISTMAS IN JULY NATIONAL CITY TO PROVIDE FUNDING FOR THEIR ANNUAL HOME REPAIR PROGRAM TARGETING THE VERY -LOW INCOME HOMEOWNERS IN NATIONAL CITY FOR FISCAL YEAR 2006-07 WHEREAS, Christmas in July National City was established over 16 years ago to assist the very -low income homeowners in National City; and WHEREAS, Christmas in July National City has assisted hundreds of families with various home repair needs; and WHEREAS, Christmas in July National City is qualified by experience in home repairs to the very -low income homeowners in National City; and WHEREAS, Christmas in July National City has submitted a Budget, Scope of Work, and other required documents for fiscal year 2006-07; and WHEREAS, the Community Development Commission of the City of National City (CDC) has Set aside $100,000 as outlined in the 2006-07 CDC Fiscal Budget; and WHEREAS, the Community Development Commission desires to retain the services of Christmas in July National City to provide urgent and other home repair services to our very -low Income members of our Community. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to enter into an agreement with Christmas In July National City to provide home repair services to very -Low Income homeowners in National City. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2007. ATTEST: Ron Morrison, Chairman APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III Legal Counsel AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND CHRISTMAS IN JULY*NATIONAL CITY THIS AGREEMENT is entered into this 1st day of July, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and CHRISTMAS IN JULY*NATIONAL CITY (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide Homeowner Rehabilitation services for low-income residents in National City; and WHEREAS, the CONTRACTOR has administered an Owner Occupied Rehabilitation Housing Program for very -low income families for the past many years; and WHEREAS, the CDC has determined that the CONTRACTOR is a Non - Profit Organization dedicated to providing rehabilitation services to very -low income residents in National City 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 Exhibits "A" and "B". 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 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 cited in Exhibit "B" 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 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 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Xavier Velasco 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. Cecilia Kirk thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on quarterly 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 "C" (the Budget amount) without prior written authorization from the Project Coordinator. Quarterly request for reimbursement will be processed for payment and remitted within thirty (30) days from receipt of such written request, provided that work is accomplished consistent with Exhibits "A, B and C"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 ten (10) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing July 1, 2006 and ending June 30, 2007 unless terminated earlier as provided for herein. 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 2 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 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 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. 3 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 • 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. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is 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. 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 4 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 Revised August 2005 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; a is, through no publicly fault of the CONTRACTOR, hereafter disclosed in( ) lable 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 persons, and all claims, demands, suits, actions, preasonable erson attorneys'or fees, and defense costs, of any kind or nature, including workers' compensation clams, 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 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. 5 Christmas in July Rehabilitation Agreement coverRevised August 2005 ing fiscal year 2006-07 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 - 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 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 ment. 6 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 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 Tess 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. RECORDS AND REPORTS. The CONTRACTOR shall maintain the following records and reports, which shall be made available to the CDC for inspection upon request: 7 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 Records: 1) Documentation of the income level of persons and/or families participating in or benefiting by the CONTRACTORS program. 2) Documentation of the number of persons and/or families participating in or benefiting by the CONTRACTORS program. 3) Documentation of all funds received from the CDC. 4) Documentation of expenses as identified in the Budget. 5) Any such other related records as the CDC may require in supporting the activities funded under this agreement. Reports/Billings: 1) Payment Request (CDC Report Form-1) 2) Quarterly Performance Report (CDC Report Form-2) 3) Final Evaluation Report (CDC Report Form-3) 4) Any such other reports as the CDC shall reasonably require. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Brad Raulston Executive Director Community Development Commission 8 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 of the City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Cecilia Kirk Executive Director Christmas in July*National City 2101 Hoover Avenue National City, CA 91950 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 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 9 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 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. 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. 10 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 COMMUNITY DEVELOPMENT CHRISTMAS IN JULY*NATIONAL CITY OF THE CITY OF NATIONAL CITY. By: Ron Morrison, Chairman Cecilia Kirk, Executive i'rector APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel 1 1 Revised August 2005 Christmas in July Rehabilitation Agreement covering fiscal year 2006-07 C1U1stmas in J National City, California Exhibit A ly Community Housing Rehabilitation Program Scope of work for FY 2006-2007 Christmas in July intends to repair, rehabilitate and modify between 10 to 20 homes in National City during this fiscal year. Our work will include: Power washing the exterior of homes Patch and or repair exterior siding Painting the interior Painting the exterior Cleaning of interior Repair of interior walls and ceilings Repair of floor Clean or replace carpets Clean and/or repair or replace tile or wood flooring Cleaning of the yards front and back Repair or replace fences and gates Replacing roofs as needed Repairing electrical outlets and switches Replacing and or repairing electrical lights Installing smoke detectors as needed Plumbing work as required Clean and/or replace tubs and bathroom fixtures Replace out dated ranges or refrigerators Check and repair or replace heaters Repair or replace doors and/or windows Provide concrete handicap ramps with handrails Provide grab bars as needed in bathrooms and at stairs Provide storage units as needed Replace water heaters Etc. etc. We will be utilizing the labor of volunteers where possible to keep the costs at a minimum. This is an example of the things we do; our goal is to do whatever it takes to allow the occupants to live independently and safely in their own home. Exhibit C BUDGET Organization: Christmas in July * National City Project/Program Title: Home Repair Program for fiscal year 2006-07 Requested Funds Salaries $ 6o,000 Benefits/Taxes $ Supplies $ 34,00o Utilities $ Insurance $ Transportation $ Admin/Marketing $ 6,00o Total funds Requested $ioo,000 Other Funding Sources Salaries $ 2,100 Benefits/Taxes $ 2,200 Supplies $ 11,000 Utilities $ 4,20o _ Insurance $ 8,000 Transportation $ 4,900 Admin/Marketing $ 11,500 Total of other funding $43,900 Other funding sources with amount: Donated goods $ 3,550 Donations, Monetary $ 4,,350 Golf tourney, Net $20,000 Grants $15,500 Interest $ 500 Total $43,900 Page '1 of Exhibit "B" MEETINGS SCHEDULE: The Contractor agrees to meet on an as needed basis and to provide information covering the Scope of Work. Contractor further agrees to provide updated quarterly written reports to demonstrate progress made toward achieving their stated goals as outline in Exhibit "A" covering the following natural quarters and due no later than 30 days after the end of each natural quarter as outlined below: ❑ July 1, 2006 to September 30' 2006 ❑ October 1, 2006 to December 31, 2006 ❑ January 1, 2007 to March 31, 2007 ❑ April 1, 2007 to June 30, 2007 ❑ Any such other reports as the CDC shall reasonably require. Christmas in July Agreement for Rehabilitation Services for Fiscal Year 2006-07 City of National City, California COUNCIL AGENDA STATEMENT ;iEETING DATES May 15, 2007 AGENDA ITEM NO. /EM TITLE Water Issues Update —Information Item 29 PREPARED BY Mayor Morrison DEPARTMENT 336-4236 Mayor EXPLANATION The Sweetwater Authority Board of Directors met on April 11 and April 25, 2007 (the minutes of the April 11 meeting are attached). The substantive items on the agenda of April 1 lth included: authorization to prepare the application for the Water Permit Amendment for the proposed Sweetwater Reservoir Loop Trail to the Department of Health Services; an addition to the USGS agreement regarding the inclusion of the least Bell's vireo and willow flycatcher survey assistance as well as a comprehensive report from legal counsel regarding the energy lawsuit from 2001 that resulted in the recovery of over $563,000 of damages to the Sweetwater Authority. The April 25th meeting included a budget status update for the Sweetwater Authority FY 06/07 expenditures to date as compared to budget and water sales revenues as compared to budgeted expectations. The San Diego County Water Authority (SDCWA) April Board Meeting included a comprehensive discussion of the Metropolitan Water District (MWD) Supply Update. With the current conditions on the Colorado River and in Northern California as well as the lack of rainfall and snowpack shortfall, the review focused on MWD's reliability and their supplies in contrast to the firm demands that are needed within the service territory. The SDCWA is proceeding to activate the Drought Management Committee (May 7), developing a comprehensive communications program with the member agencies and MWD as well as continuing to evaluate the supplemental supply needs for the next three years. A copy of the Summary Report of the Board Meeting is attached for additional information. ...) Environmental Review ✓ N/A Financial Statement NA. This is an informational update. Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Sweetwater Authority Board Meeting Minutes April 11, 2007 San Diego County Water Authority Board Summary Report April 26, 2007 l Resolution No. A-200 (9/80) SWEETWATER AUTHORITY GOVERNING BOARD MINUTES OF THE REGULAR MEETING April 11, 2007 The Governing Board of Sweetwater Authority held a regular meeting on Wednesday, April 11, 2007, at the Sweetwater Authority Administrative Office, 505 Garrett Avenue, Chula Vista, California. Chair Beauchamp called the meeting to order at 6:00 p.m. • ROLL CALL Directors Present: Directors Absent: Others Present: Alkire, Beauchamp, Doud, Pocklington, Thomas and Welsh Morrison General Manager/Treasurer Bostad, Operations Manager Rogers, Legal Counsel Cowen, Treasurer Delegatee Farrow, and Board Secretary Schoonderwoerd. Staff members: Rick Alexander, Jim Smyth, Don Thomson, and Tom Woodrum. Also: Lin Wurbs, Andrew Longaker, along with parents, Lance and Remy Longaker, and sister, Audrey Longaker • PLEDGE OF ALLEGIANCE TO THE FLAG Director Pocklington conducted the pledge of allegiance to the flag. • OPPORTUNITY FOR PUBLIC COMMENT (Government Code Section (54954.3) There were no members of the public present for comment. • CHAIR'S PRESENTATION Chair Beauchamp presented the Sweetwater Authority Wanda Avery Scholarship recipient, Andrew Longaker, with a certificate and a check in the amount of $1,000. He pointed out that Andrew is a senior at Hilltop High School and very active in the community. He was a volunteer on the Mayor's campaign, currently volunteers at the Chula Vista Public Library, and interns for the Star News. Along with Andrew's passion for drawing, he enjoys reading and is currently the Co -Editor of the school newspaper. His artistic talent has led the Lancer's school paper to have a new heading for which Andrew created and designed the artwork. Andrew plans to attend the Art Institute of San Diego majoring in Game Art and Design and to one day start his own business. Andrew wrote in his essay that "Special districts all aim toward the goal of assisting people within their communities. Even with all the benefits that special districts provide, they are still unknown to a majority of the population." SWA MINUTES - April 11, 2007 Page 2 of 7 Director Doud announced that Andrew had also been selected as a CSDA Scholarship recipient. He commented on the high marks Andrew's application received from the selection committee and the quality of his essay. He invited Andrew and his parents to the CSDA Quarterly Meeting and scholarship awards on May 17t, where Andrew will be awarded a scholarship in the amount of $1,000 from CSDA. Andrew introduced his parents and sister to the Board and stated that, after high school, he would like to join the Art Institute of California, San Diego and major in Game Art Design. He aspires to work for a large corporation and eventually branch out into his own business. Andrew thanked his parents, sister, and the Board for their support of his education. Chair Beauchamp added that the Board is very proud to be able to show its support to students who show promise. He pointed out the responsibility Andrew now has as a role model. Director Pocklington stated that the scholarship program was a good opportunity to reach out to younger people. He congratulated Andrew and encouraged his success. ACTION CALENDAR ITEMS 1. ITEMS TO BE ADDED, WITHDRAWN, OR REORDERED IN THE AGENDA Chair Beauchamp made a motion, seconded by Director Pocklington, that the consideration of per diem for participation in Water Conservation Garden events be added to the agenda as Item 8.D. The motion carried. 2. APPROVAL OF MINUTES Director Alkire made a motion, seconded by Director Thomas, that the Governing Board approve the minutes of the March 28, 2007 meeting. The motion carried. 3. APPROVAL OF. DEMANDS AND WARRANTS Director Pocklington made a motion, seconded by Director Doud, that the Governing Board approve Warrants 109438 through 109602 including all voided checks. The motion carried. 4. FINANCE AND PERSONNEL COMMITTEE (Meeting of April 2, 2007) A. Director Welsh made a motion, seconded by Director Doud, that the Governing Board approve the 2007 membership renewal in the National City Chamber of Commerce and the payment of dues in the amount of $500. The motion carried. 2 SWA MINUTES - April 11, 2007 Page 3 of 7 B. Director Welsh made a motion, seconded by Director Pocklington, that the Governing Board direct staff to prepare the application for the Water Permit Amendment for the proposed Sweetwater Reservoir Loop Trail for submittal to the Department of Health Services; direct the appropriate Authority representatives to execute six copies of the Agreement between Sweetwater Authority and County of San Diego for Reimbursement of Costs to Process Amendment for Loop Trail; and forward the signed agreement to the County for signature. General Manager Bostad noted that staff has been evaluating the issues specifically related to the County meeting the Authority's requirements for safe drinking water in its proposal, which will need to be reviewed by the Department of Health Services. He reiterated that, whatever is put into place, the Authority will maintain control of the reservoir for security purposes. The motion carried. C. Director Welsh made a motion, seconded by Director Doud, that the Governing Board authorize the inclusion of least Bell's vireo and willow flycatcher survey assistance in the amount of $27,031 in the existing USGS agreement. The motion carried. D. Director Welsh made a motion, seconded by Director Doud, that the Governing Board award a sole -source contract in the amount of $61,626 to AMEC, 9210 Sky Park Court, Suite 200, San Diego, CA 92123, for environmental monitoring relating to the completion of the requirements by the Regional Water Quality Control Board for the Sweetwater Desalination Project and approve funding in the amount of $70,000 from the Repair and Replacement Fund for the project costs including a contingency amount of $8374. The motion carried. E. Director Welsh made a motion, seconded by Director Doud, that the Governing Board approve the repair of the washwater pump and funding in the amount of $20,927.82 from the Repair and Replacement Fund to cover the cost of repairs. The motion carried. F. Director Welsh made a motion, seconded by Director Pocklington, that the Governing Board approve the purchase of a new replacement ultrasonic flow meter for use at the unmanned National City Well Chloramination Facility and funding in the amount of $3,270 from the Repair and Replacement Fund for the purchase. The motion carried. 5. OPERATIONS COMMITTEE (Meeting of April 4, 2007) A. Director Doud made a motion, seconded by Director Pocklington, that the Governing Board adopt a position of support on Senate Bill 59 and send a letter of support to Senator Cogdill. Director Pocklington commented that MWD's committee considered this. He recommended approval, though he could not obtain a second on the motion due to the high cost. Staff is going to look at this further, and he anticipates eventual approval. The motion carried. B. Update on the Goodrich property hazardous material cleanup. Director Doud noted that the Regional Water Quality Control Board (RWQCB) was to receive a detailed SWA MINUTES — April 11, 2007 Page 4 of 7 work plan from Goodrich earlier this year regarding hazardous material cleanup from its site, but Authority staff has been informed that the due date is now indefinite, with no reason provided. The Authority's concerns were addressed in a letter to the San Diego Unified Port District in response to its Draft Environmental Impact Report for the Chula Vista Bayfront Development, but no response has been received from the Port District to date. Staff will continue to track this issue. In response to concerns addressed by Director Thomas, General Manager Bostad stated that staff maintains regular contact with the RWQCB. However, this agency is inundated with many issues and has a lack of resources. This is problematic in our society where many state agencies are under -funded and become overloaded. Director of Environmental and Governmental Services Alexander informed Director Thomas about the RWQCB website, where updates are available to the public. This was an information item and no action was required by the Governing Board. C. Director Doud made a motion, seconded by Director Thomas, that the Governing Board adopt the Minimum and Low Water Pressure Complaints Policy as submitted, with minor changes for purposes of clarification. The motion carried. D. Shared Resources Memorandum of Understanding. General Manager Bostad explained the existing Shared Resources Memorandum of Understanding among Sweetwater Authority and other agencies. The current MOU was executed in 1996, and some changes are required at this time to bring it up to date. This was an information item and no action was required by the Governing Board. 6. NEW BUSINESS Consideration of rescheduling of Board Meeting of May 9, 2007 due to conflict with Association of California Water Agencies Annual Conference in Sacramento, CA. Director Pocklington suggested that, as Management deems necessary to accommodate business, either the meeting of May 9th could be cancelled or both scheduled May Board meetings could be moved forward by one week. The Board concurred, and staff will evaluate the options. 7. REPORT OF SWEETWATER AUTHORITY DIRECTOR TO THE WATER CONSERVATION GARDEN AUTHORITY Chair Beauchamp reported that he attended today's Board meeting at the Garden. The principal issue was a discussion of the forthcoming budget, which is currently $70,000 over. However, the funding provided by Sweetwater Authority's recent membership will help to balance that. Visitor traffic is high, there are a lot of activities going on, and they have received approval for an alcohol license, which will allow more flexibility in rental of the facility for a wider variety of events. He announced the opening of the Firewise Garden at 10:00 a.m. on Thursday, April 12`h SWA MINUTES - April 11, 2007 Page 5 of 7 8. APPROVAL OF DIRECTORS' ATTENDANCE AT MEETINGS AND FUTURE AGENDA ITEMS A. Council of Water Utilities, San Diego County Meeting at the Stoneridge Country Club on Tuesday, April 17, 2007, 7:15 a.m. — Program: "Pension and other Post Employment News from CaIPERS" presented by Rand Anderson, CaIPERS Manager - Constituent Relations Office. Directors wishing to attend this pre -approved event will contact the Secretary. No action was required by the Governing Board. B. Director Welsh made a motion, seconded by Director Doud, that the Governing Board approve per diem for Directors who wish to represent the Authority at the Festival Cinco de Mayo in Downtown Chula Vista on April 29, 2007. The motion carried. C. California Special Districts Association — Special Districts Legislative Days, Sheraton Grand Sacramento Hotel, May 14-15, 2007. Directors wishing to attend this pre - approved event will contact the Secretary. No action was required by the Governing Board. D. Director Pocklington made a motion, seconded by Director Welsh, that the Governing Board approve per diem for Chair Beauchamp's attendance at the Water Conservation Garden's California Friendly Garden Festival on March 17`h and the opening of the Firewise Garden on April 12`h, and that consideration of attendance and per diem payment for future Garden events be brought back to the Board through the Finance and Personnel Committee. The motion carried. 9. REPORTS BY DIRECTORS ON EVENTS ATTENDED Chair Beauchamp reported on the April 3`d South County Economic Development Council meeting. Sempra Energy presented on the Southbay Power Plant, the Southwest Power Link, and the big picture with what's going on with power in this area. They want that plant out of there, which means it could not be used for reclaimed water. Sempra is concerned about the entire mix of power sources for the area. Director Doud reported on the First Friday Meeting of April 6`h. Congressman Filner, Supervisor Cox, Mayor Cox, and various hospital CEOs were present to voice concerns regarding hospitalization costs. Director Thomas also attended and added that the meeting was very informative. She said the message was that there is a huge need on the federal and state level for equitable reimbursement rates for Medicare and Medi-Cal. 10. MANAGEMENT REPORT A. Report of Operations Manager Rogers: Mr. Rogers provided an update on the CWA and Sweetwater Authority single-family home toilet voucher program, which ended in March. The Finance and Personnel Committee authorized additional funding to be SWA MINUTES - April 11, 2007 Page 6 of 7 available for the expected run on the vouchers. The demand was actually two-thirds of what was predicted. Approximately 800 vouchers were distributed and about $14,000 out of the $20,000 that was authorized was spent. It was noted that the deadline to utilize the vouchers is the end of June. B. Report of General Manager Bostad: General Manager Bostad pointed out the sign-up sheet distributed for the Environmental Tour on April 20t. These tours have been very successful with participation including individuals from the Chula Vista Nature Center, Mayor Cox's office, LAFCO, and conservation specialists. Legal Counsel Cowett provided an update on the Dynegy energy case, which has ended. He recapped the events of the energy crisis of 2001 when energy prices for commercial accounts in San Diego County went through the roof. The estimated damages and extra costs to the Authority came to approximately $751,000 over a six-month period. Best Best & Krieger filed suit on behalf of nine water districts,..including Sweetwater Authority, in a case that was joined by a couple of class action suits, the City and County of San Francisco, Oakland, San Jose, and various other communities in northern California. California suffered about $40 billion in damages as a result of the manipulation of the energy companies. The court case did not go in our favor; however, local water agencies including Sweetwater came out extraordinarily well because they entered into settlements with three energy companies. Mr. Cowett distributed and reviewed a summary outlining the allocation of settlement funds for all of the districts represented. The Authority's recovery was $563,298 of the estimated damages of $751,605, plus the majority of attorney's fees. Mr. Cowett said that this recovery was about as good as possible. General Manager Bostad added that this strategy to recover from some of the very high costs of power during the crisis period was worthwhile, and he thanked Mr. Cowett for the successful effort. 11. DIRECTORS' COMMENTS Director Welsh congratulated Andrew Longaker and his family and said that it is a highpoint of her year when students are recognized with these scholarships. Director Doud read a quote from John F. Kennedy: "Anyone who can solve the problem of water will be worthy of two Nobel prizes - one for peace and one for science." Director Pocklington provided more information on the meetings of the last two days at MWD. There is great concern about the judge who said their power and pumping plants should be cut down, and there is a lot of work going on with the state and the Governor's office to see what can be done about that. They are also evaluating volunteer restrictions, replenishment water, and seasonal storage. They have been trying to get the permit for that water for ten years, and there are a lot of agencies trying to work that out. Director Thomas congratulated Andrew Longaker and especially his family for their support. She encouraged him to get involved, express himself, and do his best, but to always remember his loved ones, his friends, and his country. SWA MINUTES - April 11, 2007 Page 7 of 7 Director Alkire also congratulated Andrew and complimented his mother for encouraging him to apply for these scholarships. Chair Beauchamp thanked the Longaker family for producing a fine daughter and son. He stated that this was what America was all about - the nuclear family unit - and that without that, society crumbles. 12. CLOSED SESSION At 7:05 p.m., in compliance with Government Code Section 54956.9(a), the Board recessed to convene in closed session to confer with Legal Counsel regarding pending litigation on California Department of Transportation v. Sweetwater Authority, Case No. GIC 838118-1 (C/W: GIC 838119-1 and GIC 838120-1). All persons left the room with the exception of the Governing Board, Management Team, Legal Counsel, Board Secretary, and staff: Rick Alexander, Debra Farrow, Jim Smyth, Don Thomson, and Tom Woodrum. There were no minutes taken, and the session was not tape-recorded. At 7:19 p.m., Chair Beauchamp declared the meeting to be in open session. There was no reportable action. 13. ADJOURNMENT With no further business before the Board, Chair Beauchamp adjourned the meeting at 7:19 p.m., to the hour of 2:30 p.m. on April 25, 2007. Attest: Rita Schoonderwoerd, Board Secretary R. Mitchel Beauchamp, Chair 7 6 San Diego County Water Authority SUMMARY OF FORMAL BOARD OF DIRECTORS' MEETING April 26, 2007 1. Amend funding and service agreements of related actions necessary to construct two large diameter test production wells in the Mission Groundwater Basin, and increase the budget for the Oceanside Groundwater Storage and Recovery Project by $487,000. The Board authorized increasing the budget for the Groundwater Storage and Recovery Project by $487,000 to $5.955 million. The Board authorized an amendment to existing agreement with the city of Oceanside which provides for the reimbursement of costs for this portion of the Groundwater Storage and Recovery Project, increasing the amount of that agreement from $1,378,300 to an amount not -to -exceed $1,835,500, an increase of $457,200. The Board authorized the amendment of the Professional Services Agreement with Tetra Tech, Inc., by $1,045,611 from $3,255,931 to an amount not -to -exceed $4,301,542 to complete this phase of the Groundwater Storage and Recovery Project. 2. Adoption of the Water Authority's Updated 2005 Urban Water Management Plan. The Board adopted Resolution No. 2007-07 approving the Updated 2005 Urban Water Management Plan, with amendments as stated on the errata sheets distributed by staff responding to issues raised during the public hearing, and authorized the submission of the updated 2005 plan to the State of California in order to comply with the Urban Water Management Planning Act of the California Water Code. 3. Recommendation from the Board Conservation Ad Hoc Committee to add a Landscape Project Manager (Principal Water Resources Specialist) to the fiscal year 2006-2007 operating budget for implementation of landscape conservation programs. The Board adopted Resolution No. 2007-08 approving the addition of a Landscape Project Manager (Principal Water Resources Specialist) to fiscal year 2006-2007 Water Resources Department operating budget for implementation of landscape conservation. 6 San Diego County Water Authority 4. Adopt positions of: Support, if Amended, on AB 224 (Wolk); Support on AB 1260 (Caballero); Support on AB 1481 (De La Torre); Support on SB 699 (Ducheny); Support on SB 862 (Kuehl); Support on HR 1803 (Hunter); Oppose on AB 503 (Swanson); and Oppose, Unless Amended, on SB 201 (Florez). The Board approved the following positions: Support, if Amended, on AB 224 (Wolk); Support on AB 1260 (Caballero); Support on AB 1481 (De La Torre); Support on SB 699 (Ducheny); Support on SB 862 (Kuehl); Support on HR 1803 (Hunter); Oppose on AB 503 (Swanson); and Oppose, Unless Amended, on SB 201 (Florez). 5. Adopt Water Authority priorities and principles for 2008 water bond. The Board adopted the proposed list of priority projects and policy principles for a 2008 water bond with the addition of "c. Facilities required for Water Authority member agencies to accept and distribute desalinated water" under Water Authority Priorities, number 5, Desalination. 6. Amend professional services contract with Co's Traffic Control, Inc. for as -needed traffic control services. The Board authorized the approval of amendment one to the professional services contract with Co's Traffic Control, Inc., dated July 5, 2006, for as -needed traffic control services through June 30, 2008, increasing the contract to a total not -to - exceed amount of $75,000. 7. Professional Services Contract for "Or -Equal" Product Evaluations. The Board awarded a professional services contract to Malcolm Pimie, Inc., to outsource as -needed product evaluation services for the not -to -exceed amount of $150,000, or for a period of three years, whichever occurs first. 8. Notice of Completion for Pipeline 5 Carbon Fiber repair project. The Board approved the acceptance of the project as complete, the recording of the Notice of Completion, and release of funds held in retention to Fibrwrap Construction, Inc., following the expiration of the notice of completion period. 9. Final Change Order for Rancho Pefiasquitos Pressure Control/Hydroelectric Facility Project. The Board approved Change Order 17 to Archer Western's construction contract for a credit to the Water Authority of $122,000 resulting in a final contract cost of $20,803,322. 10. Construction contract for the relining of Pipeline 4 from Paint Mountain to Del Dios Highway. The Board awarded a construction contract to James F. Flower Company for $14,335,000 for the relining of Pipeline 4 from Paint Mountain to Del Dios Highway. 6 San Diego County Water Authority 11. Treasurer's report. The Board noted and filed the monthly Treasurer's report. 12. Participation in MWD Water Management Program Incentive Contracts. The Board authorized entering into LRP, CCP and SDP contracts, reserving the Water Authority's positions and subject to the limitations and reservations contained in this and related board memoranda. 13. Mission Trails Flow Regulatory Structure APN 371-010-15 The Board authorized the General Manager to execute a real property acquisition agreement subject to the instructions given by the Engineering and Operations Committee in closed session. ITEM #30 5/15/07 Discussion of "Get -Acquainted" event for members of the National City, Coronado, Imperial Beach and Chula Vista City Councils (Council initiated)