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HomeMy WebLinkAbout2009 05-05 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 5, 2009 — 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 interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/5/2009 - Page 2 PROCLAMATION 1. Proclaiming Friday, May 15, 2009 as: "BIKE TO WORK DAY" PRESENTATIONS 2. 211 San Diego Update (San Diego's primary source'for community, health and disaster information) — Lourdes Jimenez, Director of External Affairs 3. Fire Truck Replacement Proposal (Fire) INTERVIEWS AND APPOINTMENTS 4. Interviews and Appointments: Various Boards & Commissions CITY COUNCIL CONSENT CALENDAR vire Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval,.any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of March 21, 2009. (City Clerk) 6. 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) 7. Resolution of the City Council of the City of National City awarding a contract to G.A. Dominguez in the amount of $54,491 to provide improvements to the National City Kimball House Museum, which would make this historical building ADA compliant. (Funded through Tax Increment Funds). (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA • 5/5/2009 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City approving an Amendment to existing Agreement with Wade & Associates in the amount not - to -exceed $20,016 for Highland Avenue Resurfacing Project and authorizing the Mayor to execute the Agreement. (Funded by Tax Increment Funds). (Engineering) 9. Resolution of the City Council of the City of National City authorizing the filing of a grant application for Transportation Development Act (TDA)/TransNet Bicycle and Pedestrian Projects funds for the Sweetwater Bikeway Gap Closure Project along Plaza Bonita Road in the City of National City and authorizing the City of National City to act as the sponsor for the project. (Funding though TDA grant; local match not required). (Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to Agreement with Mayer.Hoffman McCann P.C. for independent auditing services for Fiscal Year ending June 30, 2009. (Finance) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Governmental Affairs Consulting Agreement between the City and Bustamante & Associates. (City Attorney) 12. Resolution of the City Council of the City of National City ratifying a side letter to the Memorandum of Understanding between the City and the National City Municipal Employees' Association, amending the Agreement to allocate $25,000 towards the refurbishment (i.e. paint, appliances and cabinet repair/replacement) of the City Hall employee lounge to include the Public Works employee lounge. (Human Resources) 13. WARRANT REGISTER #41 Warrant Register #41 for the period of 04/01/09 through 04/07/09 in the amount of $2,324,960.49. (Finance) 14. WARRANT REGISTER #42 Warrant Register #42 for the period of 04/08/09 through 04/14/09 in the amount of $497,414.20. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/5/2009 - Page 4 CONSENT CALENDAR (Cont.) 15. Investment Report for quarter ended March 31, 2009. (Finance) PUBLIC HEARING 16. Public Hearing — Public Hearing and Negative Declaration for a proposed 7 Lot Residential Tentative Subdivision Map, including requests for exceptions for lot size, lot width and street frontage, a variance request for three story units, setbacks, and a request to waive undergrounding of utilities fronting on Prospect Street on 0.71-acre site at 2121 Grove Street. (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS, Z) (Planning) ORDINANCES FOR INTRODUCTION 17. An Ordinance of the City Council of the City of National City adding Chapter 9.37 to the National City Municipal Code to prohibit smoking in open air dining areas. (City Attorney) 18. An Ordinance of the City Council of the City of National City amending the National City Municipal Code Chapter 18.62 and Local Coastal Program Implementation Document Section XII pertaining to signs and outdoor advertising. (Applicant: City initiated) (Case File No. 2007-41 A, LCP) (Planning) 19. An Ordinance of the City Council of the City of National City amending the Harbor District Specific Area Plan of the Local Coastal Program pertaining to signs. (Case File No. 2009-2 LCPA) (Planning) NON CONSENT RESOLUTIONS 20. Resolution of the City Council of the City of National City accepting the donation of a James Hubbell's art piece to the Library for a value of $8,404 from the Friends of the Library consistent with City Council's Donation Policy #204. (Library). 21. Resolution of the City Council of the City of National City authorizing the allocation of funds in the amount of $291,000 from Parks and Recreation Capital Outlay Fund to the Kimball Park Soccer Project. (Engineering/Community Services) **Companion Item #27** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/5/2009 - Page 5 NON CONSENT RESOLUTIONS (Cont.) 22. Resolution of the City Council of the City of National City approving a Memorandum of Understanding by and among the City of Chula Vista, the City of National City, the Community Development Commission of the City of National City and NCSD1 No. 1 L.L.C. related to plans processing, environmental impacts analysis, taxation and cooperation for a proposed commercial project on 26.57 acres currently known as the Harbor Drive In, which is located both in the City of National City and the City of Chula Vista. (Community Development) **Companion Item #37** 23. Resolution of the City Council of the City of National City reducing the City's Employer Paid Member Contribution (EPMC) to the Public Employee Retirement System by two percent for the Management Group and three percent for the Executive Group, further reducing the City's EPMC by one percent for a total of three percent for the City Attorney; and establishing an Effective Date of July 1, 2009. (Human Resources) 24. Resolution of the City Council of the City of National City approving the upward adjustment in the salary bands for classifications within the Executive and Management Groups of up to six percent. (Human Resources) 25. Resolution of the City Council of the City of National City approving a compensation plan for members of the Executive and Management Groups, authorizing the City Manager to provide housing or housing differential payments, and one-time performance based payments to Executives in the City Manager's Office in lieu of ongoing salary increases, and authorizing the City Manager to establish a one-time deferred compensation program for Executives and Managers not in the City Manager's Office. (Human Resources) 26. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fifth Amendment to Employment Agreement with City Manager, Chris Zapata to extend the term of the Agreement to February 8, 2012, to provide that the City Manager shall pay 3% of the employer -paid CalPers member contribution, and granting a one-time performance based payment of $17,500. (Human Resources) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/5/2009 - Page 6 NEW BUSINESS (Cont.) 27. Update on Kimball Park Soccer Field project and request Council to accept landscape design concept. (Engineering/Community Services) **Companion Item #21** 28. Report on temporary roll back of City fees - Council initiated. (Planning & Building) 29. Temporary Use Permit — National City Public Library's 23rd Annual Chili & Salsa Cook -Off at 1401 National City Blvd. on May 1.6, 2009 from 10 a.m. to 3 p.m. This is a National City sponsored event. (Neighborhood Services) 30. Temporary Use Permit — St. Anthony of Padua Festival, May 16-17, 2009 from 10:00 a.m. to 6:30 p.m. daily at 1816 Harding Avenue with no waiver of fees. (Neighborhood Services) 31. Temporary Use Permit - Old Town National City 5tn Reunion at Casa De Salud on June 27, 2009 from 2 p.m. to 5:30 p.m. with no waiver of fees. (Neighborhood Services) 32. Temporary Use Permit - Lions Club Annual Independence Day Carnival hosted by the City and the Lions Club at Kimball Park from July 1, 2009 to July 5, 2009. This is a City sponsored event eligible for a maximum fee reduction of $1,500 per day. (Neighborhood Services) 33. Temporary Use Permit — National City Certified Farmers' Market request for a temporary waiver of fees and vendor business licenses for May 13, 20, and 27th, 2009. (Neighborhood Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 34. Authorize the reimbursement of Community Development Commission expenditures in the amount of $842,834.75 to the City of National City for the period of 04/01/09 through 04/07/09. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/5/2009 - Page 7 CONSENT CALENDAR (Cont.) 35. Authorize the reimbursement of Community Development Commission expenditures in the amount of $104,369.83 to the City of National City for the period of 04/08/09 through 04/14/09. (Finance) 36. Investment Report for quarter ended March 31, 2009. (Finance) 37. Resolution of the Community Development Commission (CDC) of the City of National City by and among the City of Chula Vista, the City of National City, the Community Development Commission of the City of National City, and NCSDI No. 1 L.L.C. related to plans processing, environmental impacts analysis, taxation and cooperation for a proposed commercial project on 26.57 acres currently known as the Harbor Drive In, which is located both in the City of National City and the City of Chula Vista. (Community Development) **Companion Item #22** NEW BUSINESS STAFF REPORTS 38. Diesel Emission Replacement Grant update. (Public Works) 39. Swine Flu update. (Homeland Security) 40. National City's partnership with the San Diego Regional Climate Protection Initiative. (Community Development) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — May 19, 2009 - 6:00 p.m. — Council Chamber - National City. CITY OF NATIONAL CITY 1(66/W1lati:61 WHEREAS, the month of May is National Bike Month, the week of May 11 through May 15, 2009, has been designated California Bike Commute Week, and May 15, 2009, is National Bike to Work Day; and WHEREAS, biking is a proven transportation alternative that reduces traffic congestion, improves mobility, and provides an altemative to driving alone; and WHEREAS, promotion or other support of biking to work improves the region's economic prosperity and quality of life; and WHEREAS, Bike to Work Day is a day -long event on Friday, May 15, 2009, that promotes bicycle commuting, safety, and driver awareness of bicycle riders; and WHEREAS, SANDAG is sponsoring Bike to Work Day to recognize biking to work and to promote employer and commuter participation this day and throughout the year; and WHEREAS, San Diego area employers can improve mobility in the region by encouraging biking to work and other alternatives to the solo commute; and WHEREAS, San Diego area commuters can reduce their weekly solo commute tripsand the demands placed on the region's roadways by 20 percent by choosing a commute alternative like biking to work just once a week. THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Friday, May 15, 2009 as: BIKE TO WORK DAY We call upon all citizens of National City to encourage employees to use alternatives to driving alone, such as biking to work, for this day and throughout the year. Commuters are encouraged to explore their transportation options an - ek support from their employer, doing their part to reduce congestion in the region. 44(4: ej • �rel olis /Vice Mayor Rosalie G. • r. to Councilwoman .41 Ron Morrison Mayor I'AM #I 5-5-09 Francisco "Frank" Parra Counc'lmember Jess Van Deventer Councilmember SAN DIEGO 42mirati City of National City City of National City Cases 2008 Total Cases in 2008 — 3,500 Total Unmet Needs in 2008 — 490 • Financial • Food • Community Development • Physical Health • Shelter a Legal • Behavioral Health s Housing • Parenting • Employment • Education rs Abuse in Case Management • Social Development Transportation s Basic Keens t An%mei DISASTER-'nfonnation g2.111 SAN DIEGO wmil City of National City Unmet Needs 2008 8=in2nCi81 =ood as Cornmun ty Developin • ahysical Health O St•e ter _cgal a Behavioral Health e lousing 6 Employment Ecucatien ..csc Management Social Developmerit Transportation Vcixis January 1 to December 31, 2008 • 110061C 21 1's phone service provides tltc Culrlmunity with trusted, accurate and timely information s4 hours a day in more than 150 languages Online Database and !'rogrant;, Our online database of nearly s,000 services enables anyone to find up-to-date community resources and programs. programs fbund on 21 isandiego.org specifically target clients and customers looking; for direct information on specific topics like food, housing. employment and children services. (t)intututtty Sttlut14)Il`. 211 looks forward to unveiling our local and innovative solutions that benefit not just our clients but also the entire community in May 2009. Some of our solutions include ways to provide quick and efficient resources to the public through our w'ebsite and specialized directories, as well as providin• community trends and needs to decision -makers. '"NI 6Yi i inics (.){ Disaster 211 tronccs with the County of San 1)ie.gu's Office of Emergency Services to provide public information to the community. We also provide rumor control and trend analysis to County officials. report community unmet needs, and act a; the central conuuunlcad„rls poitll for other euun tur,ett agencies and non -governmental organizations. �r a P ttouvi &&other r)aune.d Catmille called to ex-tre&meltt upset explaivtivi that her house would be -foreclosed on within weeks. I was Able to calwm Caunille avid patier)tlet walked her throuckh Ar) AssesstMer)t to idevtti-Ftt resources that would help her. I provided &multiple housivi assistance proiraws o well as ivt-forwatior) on -food and utilities. I felt it wo.s iwmportar)t to help her umlerstovmd her options trot just for housivi. but other services that could help lesser) the-Fivtotncial iimpact on her wallet. I was happtt to live Cawille a ser)se. of retie{ atnd showed her that there is hope out there. Every hour of every day; someone in San Diego County searches for services, from lbod and housing assistance to care for an ailing parent or child. More than 2,000 community agencies provide 5,000 health and human service programs. Finding your way through this maze can seem insurmountable Where do you start? With 211 San Diego, help starts with s simple numbers. (+1.11' Vishm 211 is San Diego's primary source for community, health and disaster information. �itll' MiSSion Helping people by connecting them efficiently to the service delivery system, and providing vital trend information for community planning. Our Core Values \\%e are trusted to provide accurate and timely information. \Ve are reliable; clients and customers know we are always there for them e'-/7. 211 San Diego Calling Circle Gyeg (Arc . • San Diego Comity, Board of Supervisors tflonorary Cortunitt,:se Co -Chair? Karnia Bass Honorable Brian Iiilbray Cynthia Balker, CU% CliFt: Rick liregnian \lark Lafferty Sue Carter l-le Ca me -or-y14,apl. nora C b Kel. y y King tisse J. Knigli r. -Kraig • d Kiir?.Xeil . . -t".:-.• Kldly, IX) ., Mturay Galinson •.- Chairman Board of Ditector. SteoNnii6nAll3ttnk ltionorai7 Conuniuce (Chan Alliance I lealtlicare Foundation 1.7iiited States Congris Bank of America San Diego -Workforce Partnership Volunteer San Diego. Viejas Enterprises San DiegolImperial County Amezietirt Retl,.Cros§ 1.7nited States Congress I'rhA #3 5/5/09 National City Fire Department Truck 34 Replacement Proposal NATIO L Ct 1 Overview o National City Fire Department o Concerns . Aerial Ladder . Mileage . Maintenance . Rescue Equipment o Proposal o Funding Sources o Financial Statement NATIONAL CITI i371 National City Fire Department o 48 personnel (40 in Fire Operations and 8 in Fire Administration) o Staff two engines and one aerial truck company o Four personnel per engine and aerial truck company o In 2008, NCFD responded to 5,497 calls for service o 77% of the responses were medical incidents o 23% were calls for fires or other incidents o $577,520 in structural fire loss in 2008 -,tAi V0t1,11 NATlt1N CIW 2 Public * * NCFD Work's Mechanics have done Fleet a great job maintaining the fleet Unit Age Status Mileage Unit Type 470 3 Front Line 32,626 Engine 460 5 Front Line 38,748 Engine 281 13 Front Line 70,055 Aerial Truck 236 18 Reserve 128,442 Engine 171 20 Reserve 131,414 Engine 923 27 Training Unit 90,706 Engine * CDBG Funded Engines Using 5-Year Lease Purchase Agreements -CM11O111A - NATIO CITV 1L Fire Engine Functions o Primary emergency medical response unit o Establish water supply o Stretch hose lines o Pump hose lines o Operate nozzles o Rescue o Rapid Intervention Team -- CA110111A NATIONAL cm)? 3 Aerial Ladder Truck Functions o Rescue o Ventilate o Laddering o Forcible entry o Check fire extension o Salvage o Ladder -pipe operations o Utility control o Overhaul o Rapid Intervention Team o Secondary emergency medical response unit - CA�Ir0AM1A NATXO L€fl Strategic Plan ° Goal: Develop, Adopt and Implement a Long - Range Fire Apparatus Replacement Schedule . Replace fire apparatus in a systematic, economical, and efficient manner. oExplain benefits of a Tong -range replacement schedule olnform decision makers about the long-range replacement schedule oResearch preventive maintenance and replacement schedules oAssure the most cost effective apparatus are initially purchased, with the appropriate equipment CAU III IA NATIONAL CITY 4 Truck 34 Replacement O 1996 Central States Quint O 75 foot aerial ladder O 1500 gpm pump O 400 gallon tank O 1,233 calls in 2008 cQli!6_uu NATIONAL a ryl Aerial Ladder East side of Morgan Towers East side of Kimball Towers West side of Morgan Towers -. cAureIsu NATIONAL CITY .:W4 I , 5 Aerial Ladder (cont.) Plaza Manor Paradise Valley Hospital Paradise Valley Health Care Center Bay View Suites CKICOFMIA �+ Larry -rrf 6 Mileage o 70,055 miles on odometer o Three high traffic freeways o Four fire trucks in South Bay o Mutual aid to adjacent Cities o Increasing amount of repairs o One of the busiest fire trucks in the County NATioNAL CITp 1T7 of- Maintenance o 13 year old fire truck o Increased amount of repairs o Increased down time o Currently no reserve truck to put into service o Changes NCFD's emergency operations when replaced with fire engine o Impacts South Bay responses L..,.Q.,111 NATIONAL Cilp 7 Rescue Equipment o Limited space on fire truck o Grant funded equipment purchases - $100,000+ o Reserve fire engines have no space for new equipment o New equipment is stored in utility unit when fire truck is not in service NAT ONkLCITp Proposal o Pierce Arrow XT 105' Quint Truck o Has a 105 foot aerial ladder o Has a pump and a tank o Has ample storage space Able to function as an Engine / Truck / Rescue o Cost = $953,669 - .m"....M NkTl ►Ni crr1r 8 Benefits O To reduce property damage o To improve the rescue delivery system o To improve business recruitment and retention o To potentially reduce insurance rates o To reduce down -time and maintenance costs o To standardize apparatus saving time and money for maintenance o To place Truck 34 in reserve status as a back-up truck o To permanently retire Reserve Engine 923 — CA41/O11.OIA — NATIONAL C,1Tp Pierce Manufacturing o Leading North American manufacturer of custom fire apparatus o City purchased two fire engines from Pierce Manufacturing °Standardize the NCFD fleet o Usage of the same parts o Save time/money in maintenance due to the familiarity of Public Works mechanics oIf approved, recommend award to Pierce Manufacturing .- CAcl!O� NLA NATIONAL urn 9 Grant Funding o FEMA Assistance to Firefighters Grant o 1 of only 16 Cities in California to be awarded grant in 2008 o $248,456 toward purchase of fire truck o Notified of award — January 29, 2009 o Grant deadline — January 29, 2010 o Grant extension deadline — April 29, 2010 al(,1f �$h •- NATIO LC1r� Development Impact Fees o Council led efforts for development projects o Council implemented new impact fees to assure growth pays for growth o One-time charges offset municipal -service costs o Usually applied when building permit is issued o Fire Department development impact fees has a balance of $90,000 with estimated annual revenue of $25,000 -.CALIPORJIA - Naid u cIry 10 Fire Operations Budget o Realize importance of new fire truck O Conducted line item review of current budget O Reduce training, purchases of wearing apparel and equipment/supplies for the department ®Seek grant funds to offset reductions ®Proposing cuts to budget in the amount of $40,575 tiATIONA% CITY tti.OfPr CDBG Funding O NCFD has relied heavily on CDBG funds O Built Headquarters Fire Station ®Purchased two fire engines O FY 2010 - $616,556 allocated to NCFD o HUD concerned about the percentage of CDBG funds to the NCFD - CAi$t00MLA - NATlt)NALCITp az ,:9Yi 11 Financial Statement BUDGET ITEM COST Pierce Arrow XT 105' Quint Truck $868,947 Sales Tax/Delivery $84,722 Subtotal $953,669 FEMA Assistance to Firefighters Grant ($248,456) Development Impact Fees (cumulative balance from FY 04 to FY 08) ($90,000) Remaining Balance $615,213 NATI I GITV ucaJwr RE -PAYMENT AGREEMENT BETWEEN THE NCFD AND CIVIC CENTER REFURBISHING FUND (FUND 189) o Propose borrowing $615,213 from the Civic Center Refurbishing Fund (Fund 189) to payoff balance o Establish 10 year re -payment agreement of Fund 189 from the NCFD Budget o 3.69% interest rate per annum - CANf011)IM -. taTIONALCInt 12 Ten (10) year amortization schedule Fiscal Year Principal Interest Total 2010 51,831.41 21,830.59 73,662.00 2011 53,776.67 19,885.33 73,662.00 2012 55,794.93 17,867.07 73,662.00 2013 57,888.95 15,773.05 73,662.00 2014 60,061.55 13,600.45 73,662.00 2015 62,315.69 11,346.31 73,662.00 2016 64,651.43 9,007.57 73,662.00 2017 67,080.94 6,581.06 73,662.00 2018 69,598.52 4,063.48 73,662.00 2019 72,209.92 1,451.41 73,662.00 Staff Recommendations o Accept FEMA Assistance to Firefighters Grant Award - $248,256 o Use Development Impact Fees - $90,000 plus estimated $25,000 per year o Use Fire Operations Budget - $40,575 annually o Approve award to Pierce Manufacturing o Establish Re -payment Agreement between the Civic Center Refurbishing Fund and NCFD o Direct Staff to purchase Pierce Arrow XT 105' Quint Truck 0AL4IOI$II + ►BATI.ElIVAL CITY 13,P1 < . 13 Questions? prKk• NAT10 LCITl PO 14 ,or:ETING DATE May 5, 2009 City of National City, California COUNCIL AGENDA STATEMENT 4 AGENDA ITEM NO. ITEM TITLE INTERVIEWS AND APPOINTMENTS: Various Boards & Commissions PREPARED BY Michael R. Dalla 4 DEPARTMENT City Clerk EXT. EXPLANATION Currently there are 7 vacancies and 36 expired terms on various Boards & Commissions. The vacancies have been advertised and posted. In addition, announcements have been made and flyers and applications have been distributed. Fourteen applications have been submitted and all have been invited to attend the May 5th meeting. Any additional applications received will be distributed prior to the meeting. A summary sheet of the applicants and what they have applied for is attached as are their individual applications. J f Environmental Review XX N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Conducted interviews and schedule additional interviews (if needed), appointments and reappointments for the May 19th Council Meeting. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Summary Sheet 2. Applications A-200 (Rev. 7/03) Vacancies Expired terms Sumt...ry Sheet BOARD and COMMISSION Vacancies, Expired Terms, Applicants STREET TREE (Mayor) CIVIL SERVICE (Council) SENIOR CITIZENS (Mayor) TRAFFIC SAFETY (Mayor) PARKS & REC (Mayor) CPRC (Mayor) PLANNING COMM (Council) PUBLIC ART (Mayor) LIBRARY (Mayor) 2 0 1 0 0 2 0 1 1 2 3 4 5 3 5 6 5 3 Mona Rios Mona Rios Mona Rios Mona Rios Mona Rios Mona Rios Mona Rios Katharine Wesner Katharine Wesner Katharine Wesner Katharine Wesner Ditas Yamane Ditas Yamane Ditas Yamane Ditas Yamane Emmanuel Acain Emmanuel Acain Emmanuel Acain Rafael Courtney Lucy Anderson Matias Garcia James Marler Howard Aranda David Gass Jack Brussel Paul Ecdao Julleta Alejandro - did not Indicate a preference. Maria Elena Layton - did not Indicate a preference. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Co munity & Police Relations Commission* H using & Community Development Committee ibrary Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Public Art Committee* n Diego County Water Authority Senior Citizens Advisory Board S,'eet Tree & Parkway Committee erra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicantstttmust be residents of the City of National City except for those marked by an * Yv� Name: 40V e L AGA 11147 F grwto d OiVi Tel. No.: &; % - 32(9 9J7g Home Address: Business Affiliation: N/ck Business Address: N4 Length of residence in National City: Educational Background: Occupational Experience: Title: Tel. No.: San Diego County: 3 California: utft act iD s ivCw(eDizK i10-L Professional or technical organization memberships: Civic or community experience, membership, or previous public service appointments: Experience or specia knowledge p CANAIWY t '► aining to area f int est: 1 UY1 CfM C/a( Have yo ev been convicted a crime? No t Yes Date: \ it Signature: 1 Please feel free to provide additional information or letters f endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 Feb-20-09 08:51A P.01 CITY OF NATIONAL CITY APPLICATION ION FOR APPOINTMENT TO CITY i BOARDS, COMMISSIONS, AND COMMITTEES l EES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee l ibrarv, Board of Trustees Parks & Recreation Advisory Board Planning Commission Public Art Committee* Senior Citizens Advisory Board Street. Tree & Parkway Committee Traffic Safety Committee Note: Applicants must be residents of the Cityof Naiionai C except those marked byan * r+NN City (�• Name: _ .3�+ it ►t T %t INL E • A iti i ►� Home Address __ _ 2- v_...!: �^`'� AV c . U- Tel. No.: WI 4? .. 54279 Business Affiliation: Title: Business Address: Tel. No.: 01,0wes Length of Residence in National City: 15 `/Y'.S San Diego County: California: �` o0,0 u t' Educational Background: P,)- u is L O e ( 14e N.0 Tc Occupational Experience: St,kC,S T\ n E• � AGthc�V._ AP A .1 DVSI & QAr SU'GT S /ID SOri 40 L i C O5TCO OPI1t A.L i_A.i'P QtY L frJ / s tit ib CONn 2AGT IN- CIAARGg Professional or Technical Organization Memberships: _ Civic or Community Experience, Membership, or Previous Public Service Appointments: v vi_'v: Ri j i i� i t a�..:24~.v-)1 tfcr.',Np ?R vF n Experience or Special Knowledge Pertaining to Area of Interest: CVNSEO 049P,ZA1SIE-. TIZAit4 C P E1? i k EK.ESy iN cl yv . gfh-f • Have you ever been convicted of a crime? No: Yes Date: F_g_c� ,`0_4- 2 0 _ Signature: Please feel tree to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Now * Residency requirements may not app:y This docutnertt is Med as a public Ciocumetli 3 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Parks & Recreation Advisory Board Planning Commission Public Art Committee* % Senior Citizens Advisory Board Street, Tree & Parkway Committee Traffic Safety Committee Note: Applicants must be residents of the City of National City except those marked by an * Name: V AND'/?N Horne Address: F . D cj ,1-1-Ck_ 51- Business Affiliation: Title: Tel. No.: j)(7'- o24 7 o g Business Address: Tel. No.: Length of Residence in National City: 5 Y 1 "Diego County: Educational Background: California: kr Occupational Experience: ? Profession: I or Technical Organization Memberships: c_ci,a)j _s NA- 2k&2 Civic or Community Experience, Membership, or Previous Public Service Appointments: perience"or Special Knowledge Pertaining to Area of In Have you ever been convicted of a crime? No: X( Yes: Date: 1 3 d ? Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This document is filed as a public document 4 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees `?X Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board X Planning Commission Port Commission Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: 1(412-6 A. Okr2- A-y\.cl ! - Home Address: c2c-t33 -D- a - Tel. No.: 3 3 0 S� Business Affiliation: r c,--1-1 Title: Business Address: Tel. No.: Length of residence in National City: 6 (p San Diego County: California: Educational Background: e Occupational Experience: Professional or technical organization memberships: Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? No Date: fj (- 05 Signature: Yes ✓� Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 Attachment to Application Education; Sweetwater grad. 1960 Grossmont collage one year business Education Travel Univ. Hotel/motel back office law [Vocational training] Data Tech. Financial Management [Vocational training] Occupational; Military police officer, Logistics control specialist Dept. of Defense Receiving manager Hotel I)el Coronado Charter Bus Driver twenty seven years Organizations; American Legion post 255 Natl. City The Eagles Aries 2712 Natl. City Civic/public Experience; Mayor's committee to elect the police chief Old town perseveration committee Traffic safety committee Parade committee Literacy program/project read My experience is of a lifelong resident witnessing the changes to our City and not Being able to make a difference. Listening to friends asking me to do something to Help preserve what was a beautiful town way back when. To try and clean up Areas that need help. To try in some way to make it safe to go to the park at Night and not be over come by some bum with a hand out and a threat behind it If you don't contribute to their cause. I am an out spoken but honest person and like to get things done not just discussed Or passed over till the next meeting. I like to get results and to show the citizens that We are trying to do as they ask. And have some type of an answer when asked. Thank You arold Aranda C CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees X Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: kC, 3r- usse 1 Home Address:'ZQ5 €,2.6c1 St. Nahoh>( - v Tel. No.: (ci9- 311- i R 6 B Business Affiliation: }' i t -- act/ o-T V Title: a; vee-'LI Business Address: Mt i, n_ (IA 0-*41 y.-ok-h i Z. Tel. No.: Length of residence in National City: 1Y1c . San Diego County:[ 1 J.Qi:S California: 31 y-eat-vai Educational Background: 0,ctti }inure- NI i l i &�jj' .� tt' uue toil xvic� m�, to-, e-k— iM Sc uomrizac}e: le.w • C> ,, P m i \r, 51 MLeAkir,. .-;: 'Y e moo- t�oco, .,t.,m1). . Yf) 4KAilk ngo -rn.-, Q(,-v4 Occupational Experience: 1- r,} tYf2 Professional or technical organization memberships: .CA, em,h-Qn-- Ciaa<, D ► e9.e) i`Y\` tr\vkAe v 'J.T�-)6-h u k 1'1 tQ ita�-s� Civic or community experience, membership, or previous public service appointments: �, �rrn,JYY,i�ml�lC .U�-► a Experience or special knowledge pertaining to area of interest: Poi--ttra.yct`Q-R z rn , U.S K\ j 194(n-Sc>► , izchn Have you ever been convicted of a crime? No j( Yes Date: OS 3©/0B Signature: J i Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 9 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board' _A Civil Service Commission Community & Police Relations Commission' . Housing & Community Development Committee _ Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Public Art Committee' San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an Name: -ems S . C.c)uirAtirvoy Home Address: _ (VA tA. Avt we. Tel. No.: (AR 4474 %O i Business 'qua tion:TUro._ R..E F,,tu s . Title: Pr:nr ipsz1.. / OroIceir Business Address:(„/ " •d Aver Sr4� F �h t;[;s+,„ cA Tel. No.: CIA 24:24 o6Lt0 ref QNllos Length of residence in National City: j)--3 San Diego County:3b 3cyrs California: 30 - 3S yes Educational Background: ral5Ai J _D Occupational Experience: te5ed rr_s, bv5ine5/rno.1 G r 4:. gh-ne 4� ad,,:so{ Professional or technical organization memberships: _ Civic�t�or community experience, membership, orpreviouspublic service appointments: PLir A n{r� [1j,r•�/tAi'CTGe -Clot C: , be r_wil V : re- Frh newt" IiO,M��t�n�-SS��� Experience or special knowledge pertaining to area of interest: L—rr 1. Have you ever been convicted of a crime? No A_. Date: Signature: 1 Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 Name: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission 7` Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an Pay\ Ec.do) * Home Address: GLITZ Business Affiliation: Business Address: N'P Length of residence in National City: • 10 SA.i/zt Tel. No.: ((IA °I) zo 3 - Title: Nt(fa Tel. No.: NI I P (.030 ht/A San Diego County: 13 ' - - California: " f' Educational Background: Bq in conr+u►.iic,gm Div hAtzcoj Occupational Experience: s sJo P w`-711A L�pr-� A-r j�►'lc.�t Professional or technical organization memberships: to() L\ilikAJ MIT r a or'JJ f`I►M(lj Civic or community experience, membership, or previous public service appointments: 604M1csi b 1c-- t I -P Phi vrvkl ' gay- PH hKINc)J ( 112T Fvr- Ma>, 11-1 Experience or special knowledge pertaining to area of interest: PPrv-T { Watt,- m W d{ a P r.4 Have you ever been convicted of a crime? No X Yes Date: \ - \9 - 0 °1 Signature: t'(Gy0/ 442.'VJcVD Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City (Yr-1(A" M Go2.s oN A FEw Atw t�i S *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 9 Page I of I To Whom It May Concern: am writing on behalf of Paul Ecdao for the Public Art Committee. I have a printing company & on two occasions have been involved with Paul in support of his art shows. Paul has a great sense of people, good humor & a passion for art. His knowledge of art (today) and its progression is what has kept me in contact with him. He is always willing to listen, which tells me he will go a long way & has a grasp & sense of how to connect with the youth of today. This has been demonstrated to me, on several occasions in putting on exhibits & events in the San Diego area of which I have supported & attended. Paul has a love for the city of San Diego & has expressed a wanting to harness the talent of not only the youth and professionals as well in his vision to see the city of San Diego to be a premier spot for upcoming artists of which he is one. I have no doubt Paul is the person you are looking for. f you need to reach me for further discussion, my information is at the bottom of this page. Thank you for your time. Respectfully, Richard Ahrens Owner of Sticky Rick's 323 493 0571 (m) 323 266 8021 (o) rick(a?stickyricks.NET '1/0 10 •/ !Yl 1!, 0 .1 1 1. J'1 -1(\ _I 1 1 1 1_ 0 4! I 0 . 1 I 1 '1 Pl,,,,/, Page 1 of 2 4117101415C 16181/2 Silver Lake BI. Los Angeles, CA 90026 323-662-3437 monkeyhousetoys.com To Whom It May Concern: 1 am writing on behalf of a really talented person, Paul Ecdao, and his qualification to be on the Public Art Committee. Paul has been in a few of our art shows here. The work he has presented has been thought provoking and original. I haven't known Paul for too long, but he has shown great responsibility and organizational skills well beyond his youth. Even though his education wasn't in art, he has always seemed to follow a creative path. 1t seems his start in street art has progressed into an individual with a stylistic and graphic look to his work with waves of feeling and emotion. What impresses me most is his sense of honor in his work. When there's a deadline he will really step up and make sure to have his work ready. He is one of the most responsible artists 1 have met. I own an art -based toy store and gallery in Los Angeles. Our concept is to inspire kids land adults) to be creative in every way http://mail.google.com/mail/?ui=2&ik•-1$a 19cac02&view=att&th-=1 1 ed220d 1 b 1 bg45b&at... 1/ 13/2009 Page 2 of 2 they can in their lives and community, through the original artwork we show, one -of -kind crafts, and unusual toys. I hope that you will truly consider Paul Ecdao. I think that he would be an asset and positive feature on your committee. If you have any further questions, please feel free to contact me at info@monkeyhousetoys.com or 323-662-3431. Best regards, Marra Baligad Owner Monkeyhouse Toys & Art Gallery 1618 '/2 Silver Lake BI. Los Angeles, CA 90026 Q .1 1 1 1'1'1/1 111 11 C) A r1 O 1 / I fl I'�r\rlrl CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Public Art Committee' x San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority A Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: g7Ul ,S D67 Pi te / C! (P Home Address: Z- 2_ 3 l h AA, S,s Avf Tel. No.: (6/7) y7-//YoC") Business Affiliation: Business Address: Title: Tel. No.: Length of residence in National City: 3f( an Diego County: California: .S..- Educational Background: 5.cy rrz e (9 // r c Occupational Experience: -g -/ I /`S A- 7 i T , Off"'? f)/' J Fre �-- ft 4 -c it. 044 cr,mt is fi f k Q,f T c c h. < S iE C,4 Professional or technical organization memberships: Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? No A Yes Date: q f€.F€113. 2 D Signature: �/� ��/ _o Please feel free to provide additional information or letters of endorsernt. -, fT Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 —_1 N '• rrt Thank you for your interest in serving the City of National City £? *Residency requirements may not apply This document is filed as a public document Revised March 7, 2007 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Military, Civic and Special Events Advisory Board Parks & Recreation Advisory Board Planning Commission Port Commission Y. Public Art Committee* San Diego County Water Authority Senior Citizens Advisory Board Street Tree & Parkway Committee Serra Library System Advisory Board Sweetwater Authority Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: 1DG�id, C i S 3L art;(^ 32O f'nc.rini.\ Home Address: St,ta-r* 456 IJ0-t_' Ciky CA 91°60 Tel. No.: gi5 g -952- -053L1 Business Affiliation: i(�C',5 C,016014"i Vi1 n G Title: CiO 354. Business Address: 3102_ S imk a)r- 12..a Per ct CA `11401 Tel. No.: ' 58 -Ctait 53 53 Length of residence in National City: 3 r " S San Diego County: 7(leul..5 California: rl t VS Educational Background: 3oi heb o-F J3ir s in f anlcn,e.,k / f ikteke.-mJ q -t- OmLeiSlIt o4 ON� --SA a4Fi J neSe, Lzy, uytidCui ci-rP,n by - Ke5W— IrAcfr,c.kt +c-( C,G Occupational Experience: Ownercreudoci bisihes5 dercbee, ac -Frovonc or f cGt x ks Professional or technical organization memberships: AdvIL) bpaccd Mensal 1 EE'E (ado,) r .4>>i lhfor'rnae lICS,orj Civic or community experience, membership, or previous public service appointments: Cunvi�afe CCr. 6+euru l Lemoti Gfr ,, RVnne,rt17 (2-006) Experience or special knowledge pertaining to area of interest: 1 fi -i9 Prb At °S Dav e c bvs,nt3S d iV�S,ar)-�i�ave,�t eed ,c o� /-� hr�t rs 14441c�GilPrie 1 °.k1S�'S JR� a4l- ewrer$ ,rueSt r row ,cley�j; IiC Have you ever been convicted of a crime? No X Yes o,vell and • Date: Signature: l4N Please feel free to provide additional information d+ �t�eMiorgesemenAlff Please return completed tortilla): d 8 - NV ont City Clerk's Office 1243 National City Blvd, National City Civ91959j Thank you for your interest in serving the City of National City Vic_ Are- e,rre„4( aad ¢,react *Residency requirements may not apply This document is filed as a public document Revised March 7. 2007 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Parks & Recreation Advisory Board Planning Commission Public Art Committee* Senior Citizens Advisory Board Street, Tree & Parkway Committee Traffic Safety Committee Note: Applicants must be residentso fthe City of National City except those marked by an * Name: 1/11\03-ALi4/0 Home Address: `b 11 . vl Pt 1 Ai t1 O ( Tel. No.: (lq)qvsT'szq Business Affiliation: CA 1 C9ia, Title: (3,AgE6A/Cr& Business Address: Tel. No.: Length of Residence in National City: 1 lz' 1 San Diego County: 17i California: (2- Educational Background: Occupational Experience: Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a crime? No: " Yes: Date: Signature: Please feet free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This document is filed as a public document '5 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, CA 91950 Michael R. Dalla — City Clerk 619-336-4228 phone • 619-336-4229 fax April 23, 2009 Maria Elena Layton 817 Eta Street, Apt. 1701 National City, CA 91950 Dear Ms. Layton, Thank you for your interest in serving on one of National City's volunteer boards and commissions. In processing your application, I notice one area that needs further clarification from you. It would be helpful if you could indicate which board or committee you are most interested in. Please place a check mark next to one or more of the boards listed at the top of the application and return it to us as soon as possible. Thank you again for your interest in serving your community. Sincerely, Michael R. Dalla, CMC City Clerk CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee Library Board of Trustees Parks & Recreation Advisory Board Planning Commission Public Art Committee* Senior Citizens Advisory Board Street, Tree & Parkway Committee Traffic Safety Committee Note: Applicants must be residents of the City of National City except those marked by an * Name: L./a ^ 5 i //a ✓ Home Address: Z/// /4%/vos 5 T, TeL No.: 6/i- 4/70-312-0 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: Y� San Diego County: 'V/ Y'6 California: 63 Yr5 Educational Background: y 4 fe.Aaa -2 YcaYs f-D -� a kce5"u-'arT c/4 s - Occupational Experience: TU/a-'/r000f � i�ti�� ma/ a4-1 p, .,,- /0. rl 7 /Pend +-/ i'-44_6;j 7 %,'c; 610 .0✓ ,4 ,15vi Ce4V4 ( 6slekiCul.'cii;e5 3.6 5. Professional or Technical Organization Memberships: f►1 c 5C E. /�efriv, d 5.0 /T Ct,.T.•„.5 G�1T� r' .� Ts �.1�.�6�- S. (% Co" --Ty- bu TAT Civic or Community Experience, Membership, or Previous Public Service Appointments: iy7y%776 "Lit / rea.+r:71:-e7l/C 1:%ai's..k c F.-s- id— _Ho Irliai'la71CDusic� Experience or Special Knowledge Pertaining to Area of Interest: Psi C�ldl,e ew,J Vo /un /;G� I ��y�i7-14047 le,5. S, 'eff,. Have you ever been convicted of a crime? No: X Yes: Date: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This document is filed as a public document CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES X_ Building Advisory & Appeals Board* Civil Service Commission X_ Community & Police Relations Commission* X Housing & Community Development Committee Library Board of Trustees Parks & Recreation Advisory Board Y. Planning Commission Port Commission X Public Art Committee` X San Diego County Water Authority A Senior Citizens Advisory Board Street Tree & Parkway Committee Sweetwater Authority X Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name MONA RIOS Home Address 3414 Eleanor Place, NC Tel. No. 619-994-0884 Business AffiliationCity of NC- Library TtieSr. Library Technician Business Address 1401 National City Blvd. Tel. No. 619-470-5812 Length of residence in National City55 yrs. San Diego County 55 yrS California 55 yrs Educational Background Whle growing up National City I attended Kimball Elementary and Sweetwater High School. I went on to become an honor student at Southwestern College majoring in Political Science. Occupational Experience 10 years San Diego Community Colleges/San Diego Unified School District 5 years - San Diego County Library & 10 years - City of National City - Library Professional or technical organization memberships National City Chamber of Commerce, South Bay Forum, San Diego Women's Democratic Club, National City Friends of the Library, Kimball Seniors Citizens Club Civic or community experience, membership, or previous public service appointments: President of South Bay Democratic Club, Delegate to the State Convention (79th Assembly District), Senior Nutrition Center Volunteer, Relay for Life Experience or special knowledge pertaining to area of interest: 20 years holding board positions (Roberts Rule of Order), building coalitions & networking with all levels of government. Have you ever been convicted of a crime? No X Date 2/2/09 Signature Please feel free to provide additional info tion or letters of endorsement Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City_ (This document is filed as a public document) *Residency requirements may not apply Revised: November 19, 2008 Esther Clemente crom: mona.rios [mona.rios@nationalcitylibrary.org] ent: Tuesday, February 10, 2009 5:30 PM -To: Clerk Subject: Board & Commission Vacancy Hi Mr. Dalla, I would like to be placed on the list for a vacancy in the Planning Commission, my first priority being the Community & Police Relations Commission. Thank you so much, Mona Rios Library mona.rios@nationalcitylibrary.org 619.470.5812 lg CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* Housing & Community Development Committee k Library Board of Trustees Parks & Recreation Advisory Board Planning Commission X Public Art Committee* Senior Citizens Advisory Board Street, Tree & Parkway Committee Traffic Safety Committee Note: Applicants must be residents of the City of National City except those marked by an * Name: Home Add Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: 371 San Diego County: 471 / d California: �3 A /L/ Educational Background: a o 4, -o L-47- 4_ 2 - `V - ' ' n/,w,es' (64 /. ' ) Katharine Wesner ' "142-6 15th St. ational;City, CA 91950 Tel. No.: ly ! 9 7 7 05— 6 Occupational Experience: ' .0 2 , .✓ r0cL. �� �ti c Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: I Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a crime? No: Yes: Date: v1 L / � v v 1 Signature: e Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. 4.09 * Residency requirements may not apply This document is filed as a public document 'do 04/E12/2009 01:39 6194746888 DITAS YAt4ANE PAGE 02 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission* ✓' Housing & Community Development Committee Library Board of Trustees ✓ Parks & Recreation Advisory Board .f Planning Commission Port Commission Public Art Committee' San Diego County Water Authority Senior Citizens Advisory Board ,i S• treet Tree & Parkway Committee • S• weetwater Authority ✓ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name 2''1.-44 `JDSMA,IJE Home Address l`beb E . ttsi-sh , •ra(43 IJU Onw1 J Tel. No. t 4 . ,r 7d. ) Business Affiliation "Z 4')' Yti'm°'k'Q° Title YV , Business Address ltrje) t h 41 (SC4i144 �' -/ TeL Na t ' 4 Length of residence in National City IS y ri• San Diego County k r.}• California ki Educational Background ('S.) Occupational Experience %-1' 0 bk4IntsC ii-,0 °' t0 000.'04 ' ?AU' a QZrtrunsi np,.3, .0- Noisy Professional or technical organization mbe ips 'Uit,>Q , &JOQreA:-..k; &\-Ck.LN4&. 4600, 'cs i 13*(), fs..10,1\1 t&-0;0044)\ Civic or community experience, m rship, or previous public service appointments: 0-- 0-Ii-APPA_Ae o 0crycnkLCCtif1,r etc)% -S , et Experience or special knowledge pertaining to area of interest: t c,Q 4'1'C 64,414A0 t ^hltirt i^nCo ck" Have you ever been convicted of a crime? No V Yes Date �3 1' Signature Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) 'Residency requirements may not apply Revised: November 19, 2008 04/02/2009 01:39 6194746888 DITAS YAMANE PAGE 03 CITY OF NATIONAL CITY BOARDS, COMMISSIONS, AND COMMITTEES APPLICATION FOR RE -APPOINTMENT 1, MO pMQrQ. RESPECTFULLY REQUEST THAT I BE RE -APPOINTED TO THE H CD C I HAVE PROVIDED ADDITIONAL INFORMATION BELOW. CIA& dot tog gna ure Date Additional information Appears Below: Home Address: Y OS e . l t9 4 '""*" °r4/ Phone No.: 191c1' 4/ 4.2.54-3 Business Affiliation: 40n65 tl 4\) t 0.115 e: (+ `J rivktiQ, Business Address: ItO46 • turkin da I ;On4 , Tel. No.: COA' tq• Length of Residence in National City: f oyd • San Diego County: 2A /i'S • California: 24 y6 Educational Background: Us) Occupational Experience: Sal ; n 4t9 - r4 04 aS f oS Professional or Technical Organization Memberships: tie* die` QJ mrAte i. Civic or Community Experience, Membership, or Previous Public Service Appointments: b(ler , bMr-1004 Experience or Special Knowledge Pertaining to Area of Interest: filoolnktpacd Please feel free to provide additional information or letters of endorsement. Please retum completed form to: City Clews Office 1243 National City Blvd.., National City, CA 91950 Thank you for your interest in serving the City of National City. This document is filed as a public document 04/02/2009 01:39 619474688E DITAS YAMANE PAGE 01 January 8, 2009 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dana, CMC - City Clerk (619) 336 4228 Fax: (619) 336-4229 Ms. Ditas Yamane • 1808 E l fith St National City CA 91950 RE:Housing & Comm Dev Comm HCI)C Dear Ms. Yamane Your terns on the above referenced National City Board or Commission has expired. Since your term expired you have graciously continued to serve pending re -appointment or appointment of a successor. The City Council will soon take action to address vacancies and expired terms on City Boards and Commissions. If you would like to be considered for re -appointment, please complete the attached form and return it to our office as soon as possible. If you do not desire to be re -appointed or are interested in serving on a different Board please indicate that on the fonn. I will keep you informed of the process as information become available. Sincerely, Michael R. Dalla, CMC City Clerk 43J Recycled Panes a3; ITEM #5 5-5-09 Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of March 21, 2009. (City Clerk) 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 ITEM #6 5/5/09 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." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE May 5, 2009 AGENDA ITEM NO. 7 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to G. A. Dominguez in the amount of $54,491 to provide improvements to the National City Kimball House Museum, which would make this historical building ADA compliant. (Funded through Tax Increment Funds) PREPARED BY Adam Landa EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4394 J Environmental Review X N/A MIS Approval Financial Statement Approved By: 'l Finance Direc or The total estimated amount for the work is $54, 491. Funding is available through Account 511-409-500- 598-3005 (Tax increment Funds). Account No. STAFF RECOMMENDATION Adopt the Resol on. ON E' BOARD / COMM! RCOMM DATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Information 3. Spread sheet for three low bidder 4. Biography A-200 (Rev. 7/03) EXPLANATION The Engineering department has been directed to do work at the Kimball House Museum site located at 923 A Ave., which includes a new ADA Bath Room (within the existing Garage), a Wheel Chair lift, and other repairs. The City of National City advertized the project and received eight (8) official bids on March 24, 2009. An optional pre -bid meeting was held on March 16, 2009 to answer any questions and to provide access to the site. The lowest bidder was Concrete Design Concepts but they withdrew their proposal, attached is the bid opening list for farther details. The next lowest bidder is G. A. Dominguez with bid amount of $54, 491. After reviewing the bid documents and researching their references, the contractor's bonds and references are acceptable. The contractor has a valid current B license and has many years of experience. Funds are available for this project in the Tax Increment Funds. It is recommends that the contract be award to G. A. Dominguez in the amount of $54,491 for the Kimball House project. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO G.A. DOMINQUEZ IN THE AMOUNT OF $54,491 TO PROVIDE ADA COMPLIANCE IMPROVEMENTS FOR THE NATIONAL CITY KIMBALL HOUSE RESTROOM, WHEELCHAIR LIFT, AND REPAIR PROJECT WHEREAS, the Engineering Department, in open session on March 24, 2009, did publicly open, examine, and declare 8 sealed bids for ADA compliance improvements for the National City Kimball House Restroom, Wheelchair Lift, and Repair Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for ADA compliance improvements for the National City Kimball House Restroom, Wheelchair Lift, and Repair Project to the lowest responsive, responsible bidder, to wit: G.A. DOMINQUEZ BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $54,491 with G.A. Dominguez for ADA compliance improvements for the National City Kimball House Restroom, Wheelchair Lift, and Repair Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA NATIONAL, CfTY Mr./ IN(,oRroRATFA' BID OPENING SPECIFICATION NUMBER: 09-02 PROJECT TI'I'I.E: NATIONAL. CITY Y KIMIRAL IIOI.JSE RISTROOM. T AND REPAIR PROJECT 1)A'I'E: 'FtJESI)AY, MARCH 24, 2009 TIME: 3:00 P.M. ESTIMATE: 537,000 PROJECT ENGINEER: ADAN1 LANDA NO. Ull)1)ER'S NAME (PAGE 13) B11) AMOUNT (PAGE 15 ) ADDENDA (PAGE 13) 13n)SE(URrrY (PAGE. 17-cnE( K (PA(iF 13-BOND) G.A. Dominguez 537 W. Grand Avenue Escondido, CA 992025 $54,491.00 NONE Bond 2. Concrete Design Concepts, Inc. 2855 Dennis Lane Lemon (;rove, CA 91945 $36,725.00 (WITHDRAWN) NONE Bond 3. Fordyce Construction 9932 Prospect Avenue, t1 138 Santee, ('A 92071 $6I,265.00 NONE Bond 4. G.A. Abell, Inc. 8137 Winter Gardens Blvd. Lakeside, ('A 92040 $63,763.00 NONE Bind 5. Straight Line 4747 Oceanside Blvd.. Suite (-' Oceanside, CA 92045 $64,395.00 NONE Bond 6. I lealy Construction 1545 Tidelands Avenue National ('itv, ('A 91950 $74,875.00 NONE Bond 7. Melhorn Construction 410 West 30i1' Street, Ste. 13 National ('itv. CA 91950 S85,370.00 NONE Bond 8. San Diego Real Estate Tune l.Jps 3 772 Helix Street Spring Walley, CA 91977 S98,800.00 NONE I3ond Bid Results Bay Marina Drive Widening Project Specification 08-13 Engineer's Cost Estimate Low Bidder #1 CONC. DESIGN CONCEPTS, INC Low Bidder #2 G. A. DOMINGUEZ Low Bidder #3 FORDYCE CONSTR. NO. ITEM QTY UNIT UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount 1 ALL ITEMS AS SHOWN ON PLANS AND SPECS 1 LS S 35,000.00 S 35,000.00 $ 26,725.00 $ 26,725.00 S 43,616.00 S 43.616.00 5 50,000.00 S 50,000.00 2 LEAD OR ASBESTOS ABATEMENT 2 LS S 5,000.00 $ 10,000.00 S 5.000.00 S 10.000.00 S 5.000.00 S 10,000.00 S 5.000.00 S 10,000.00 3 4" SEWER LATERAL TO MAIN 1 LS S 2,000.00 S 2,000.00 S 875.00 $ 875.00 S 1,265.00 S 1,265.00 4 BASE BID TOTAL $ 47,000.00 $ 36,725.00 $ 54,491.00 S 61,265.00 5 CONTRACTORS FEE FOR EXTENSION OF CONTRACT 1 DAY $ - S - S 25.00 S 25.00 5 1,000.00 S 1,000.00 G.A.Dominpuez - About G.A. Dominguez Page 1 of 1 e Services Projects About G.A. Dominguez George Dominguez on site in flash gear Bid Board Contact Us G.A. Dominguez is a full -service general contracting firm which focuses on institutional and commercial construction. Our company is headquartered in Escondido, California, conveniently located to serve clients throughout San Diego, Riverside and Orange Counties. We emphasize pre -construction disciplines, including value engineering, scheduling, and cost control, whether a contract is lump sum, cost plus, or unit price. Owner George Dominguez brings more than 30 years experience in the construction industry and a team - approach to project development and construction management. The company has an experienced and proven team of personnel, subcontractors and associates who work together to provide our clients a coordinated, quality project provided on time and on budget. The key to G.A. Dominguez' success? Attention to detail, cost-effective procedures, a flawless safety record, and most importantly, close client contact from project inception through project close-out. Let us provide you with innovative solutions on your next project. Contact us at 760-294-4116 today! Contractor's license: #495764 CA Contractors State License Board SBE Certification: #604/5 CA t)ept. of General Services Copyright <; 2009 G A. Doounnuei - Al! Rights Reserved. Terms of Use 1 Privacy Policy G.A. Dominguez is licensed by the CA Contractors State 1 icensc Board under license=995/6' http://www.gadominguez.com/about.html 4/22/2009 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 5, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of National City approving an amendment to existing agreement with Wade & Associates in the amount not -to -exceed $20,016 for Highland Avenue Resurfacing Project and authorizing the Mayor to execute the agreement. (Funded by Tax Increment Fund) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION Please see attached page with explanation. Environmental Review X N/A MIS Approval , Financial Statement Approved By: \ (1( �— Finance Director Funds are available in expenditure account 511-409-500-598-6157 (Tax Increment Funds). Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMEND;' ION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution ft,[ 2. Proposal 3. Amendment #1 (2 original copies) A-200 (Rev. 7/03) SPEC 08-08 EXPLANATION On August 6, 2008, the City entered into an agreement with Wade & Associates in the amount not -to - exceed $24,300 to provide project coordination services for the Highland Avenue Resurfacing Project (Phase 3). The original contract for Wade & Associates was done on an expedited basis for needed support due to the project's size, complexity, and short performance period. As the project progressed, a change of scope occurred with respect to the resurfacing material that would be used. It was determined that the construction cost could be substantially reduced. Although this would require additional project management services, the modification would result in an overall cost -reduction and still meet a very tight schedule. It was requested from Wade & Associates to submit a supplementary proposal for services rendered in excess of the original scope of work and amount in order to carry the construction portion of the project to completion in time for November 2008. The $24,300 amount was within the signing authority of the City Manager. However, the scope of work was expanded to provide required additional project coordination services due to additional change orders. The additional amount of $20,016 brings the total amount of services to $44,316.00 and now requires City Council approval. The purpose of this resolution is to approve Amendment No. 1 to the agreement with Wade and Associates for $20,016.00 for additional project coordination services due to change order work for the Highland Avenue Resurfacing Project (Phase 3) and authorize the Mayor to execute the agreement. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH WADE & ASSOCIATES IN THE NOT -TO -EXCEED AMOUNT OF $20,016 TO PROVIDE ADDITIONAL PROJECT COORDINATION SERVICES FOR THE HIGHLAND AVENUE RESURFACING PROJECT WHEREAS, on August 6, 2008, the City entered into an agreement with Wade & Associates in the not -to -exceed amount of $24,300 to provide project coordination services for the Highland Avenue Resurfacing Project (Phase 3); and WHEREAS, due to a change of scope of work, it was determined that the construction cost could be substantially reduced, but would require additional project management services in the not -to -exceed amount of $20,016, bringing the total amount of the agreement to $44,316. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement with Wade & Associates in the not -to -exceed amount of $20,016 for additional project coordination services for the Highland Avenue Resurfacing Project. PASSED and ADOPTED this 5th day of May, 2009. 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 ski.,,,IEETING DATE May 5, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City of National City authorizing the filing of a grant application for Transportation Development Act (TDA)/TransNet Bicycle and Pedestrian Projects funds for the Sweetwater Bikeway Gap Closure Project along Plaza Bonita Road in the City of National City and authorizing the City of National City to act as the sponsor for the project (Funding through TDA grant; local match not required) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached. Environmental Review X N/A MIS Approval � Financial Statement Approved By: Funding sources: TDA/TransNet Bicycle and Pedestrian Project Fund. STAFF RECOM ENDATION Adopt the Res BOARD / COMMIS ' ION RECOMME ATION N/A Finance Director Account No. I ATTACHMENTS (Listed Below) 1. Resolution 2. Exhibit Resolution No. A-200 (Rev. 7/03) Explanation: Staff is requesting authorization to file an application for Transportation Development Act (TDA)/TransNet Bicycle and Pedestrian Projects funds for the Sweetwater Bikeway Gap Closure Project along Plaza Bonita Road in the City of National City. This project will construct a grade -separated Class I Bikeway (for non -motorized use only) along the west side of Plaza Bonita Road. The Bikeway will be approximately 2,400 feet in length from Bonita Mesa Road northerly to the existing Sweetwater Bikeway, thereby "closing the gap" in the bikeway network. The existing Class II bike lanes on Plaza Bonita Road will be removed as part of the project, and on -street parallel parking will be restored to the east side of the roadway, adjacent to Plaza Bonita Shopping Center. See attached exhibit for project limits, design features, and right-of-way cross sections. The San Diego Associations of Governments (SANDAG) will prepare the grant application through a partnership with the City of National City and the County of San Diego. The County of San Diego provided funding for the preliminary design and engineering for the project. Funding for the project's Environmental Documentation will be provided by the TDA/TransNet Bicycle and Pedestrian Projects Grant, if awarded. Remaining funds for Final Design, Engineering, and Construction are being pursued by SANDAG. The purpose of this Resolution is to obtain City Council support for the Sweetwater Bikeway Gap Closure Project along Plaza Bonita Road in the City of National City and authorization for submittal of the TDA/TransNet Bicycle and Pedestrian Projects grant application. In addition, this Resolution would authorize the City of National City to act as the sponsor for the project. Roles would include project coordination, staff participation at project meetings, and supervision of project design, engineering and construction to assure the City's standard for pedestrian/bicycle safety, facilities design, on -street parking, and compatibility with adjacent land uses are met. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE SWEETWATER BIKEWAY GAP CLOSURE PROJECT ALONG PLAZA BONITA ROAD IN NATIONAL CITY, AND AUTHORIZING THE FILING OF A GRANT APPLICATION FOR TRANSPORTATION DEVELOPMENT ACT/TRANSNET BICYCLE AND PEDESTRIAN PROJECTS FUNDS FOR SAID PROJECT WHEREAS, the Engineering Department desires to submit an application for a Transportation Development ActlTransnet Bicycle and Pedestrian Projects Funds Grant ("Grant") to fund the environmental documentation and design for the Sweetwater Bikeway Gap Closure Project (the "Project") along that portion of Plaza Bonita Road that lies within the boundaries of National City; and WHEREAS, the County of San Diego provided funding for the preliminary design and engineering for the Project, and SANDAG will pursue funds and coordinate efforts for project construction; and WHEREAS, the City, as the Sponsor for the project, will provide project coordination; staff participation at project meetings; and supervision of project design, engineering, and construction to assure the City's standards are met for pedestrian/bicycle safety, facilities design, on -street parking, and compatibility with adjacent land uses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports the Sweetwater Bikeway Gap Closure Project along Bonita Road in National City, and authorizes the filing of a grant application for a Transportation Development Act/Transnet Bicycle and Pedestrian Projects Funds Grant to provide funds for the environmental documentation and design for the Sweetwater Bikeway Gap Closure Project. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ( MALL CCM z (.1)1S SPACES LEGEND 0 •00. 2dy SCALE 1,s00' 1)10 SPACES ® 7 SPACES ▪ MALL ACCES• jI 04 t 17,417 94.• .•Pat :4441' 4;[;',4k STRIPED MEDIAN -POP OUT A•A STRIPED MEDIAN -WITHOUT POP OUT 1-11 A44Z4 604, 7.4 4444 VICINITY MAP THOMAS CJIDE PAGE 30 12 SPACES MALL ACCESS BONITA MESA jCf'n RD • — — LS , 5 • • 2 4':1•4 +- :4'41 EXIST. RAISED MEDIAN C-C PLAZA BONITA BIKE PATH SI-Ai E SANDAG B, .•S 5 , NAT:r,A; PARKING SPACES 0,11C. • 1•4CIS 14 ..... O• 4.[ID“ ••I11.•. .L4.. •4 11,4 EQUITATION LANE alfattAS ;61341111 co ± I— < CL „ LLI ct a CB cn < 0 j E 0 < 0 0- uJ 0 cn SHEET LDENVCICATION X OF 7 City of National City, California COUNCIL AGENDA STATEMENT 10 ,`,_'ETING DATE May 5, 2009 AGENDA ITEM NO. -- ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH MAYER HOFFMAN MCCANN, P.C., FOR INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR ENDING JUNE 30, 2009 PREPARED BY EXPLANATION Jeanette Ladrido, PA Finance Director DEPARTMENT Finance x 4331 The City and the Community Development Commission of the City of National City have been in contract with Mayer Hoffman McCann since Fiscal Year 2004-2005. The audit firm has provided excellent customer service and expertise in the finances of the City and the CDC. With that, staff recommends amending the contract to include the fiscal year ended June 30, 2009. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Staff recommends to amend the agreement to include the fiscal year ended June 30, 2009 at a cost of $67,056. Costs will be allocated between the City and the CDC based on the attached agreement. BOARD / COMMISSION RECOMMENDATION N/A N/A ATTACHMENTS ( Listed Below ) Ti. Resolution 2. Exhibit A —Amendment to Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH MAYER HOFFMAN MCCANN, P.C., IN THE AMOUNT OF $67,056 FOR INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR ENDING JUNE 30, 2009 WHEREAS, on July 1, 2008, the City Council adopted Resolution No. 2008-130 authorizing the Mayor to execute an agreement with Mayer Hoffman McCann, P.C., for independent auditing services for fiscal year 2007/2008; and WHEREAS, the parties desire to amend the Agreement to extend the Agreement for a one-year term expiring June 30, 2010, to provide independent auditing services for Fiscal Year 2008/2009, in the amount of $67,056. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement with Mayer Hoffman McCann, P.C., to extend the Agreement for a one-year term expiring June 30, 2010, to provide independent auditing services for Fiscal Year 2008/2009, in the amount of $67,056. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of May, 2009. 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 MAYER HOFFMAN MCCANN, P.C. This Amendment to Agreement is entered into this 5th day of May, 2009, by and between the City of National City, a municipal corporation ("the CITY"), and Mayer Hoffman McCann P.C. (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on July 1, 2008, ("the Agreement") wherein the CONTRACTOR agreed to provide independent auditing services for Fiscal Year 2007/2008 for $70,756. B. The parties desire to amend the Agreement to extend the Agreement for a one- year term expiring June 30, 2010, to provide independent auditing services for Fiscal Year 2008/2009, as set forth in the attached Exhibit "A", in the amount of $67,056. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2008, shall be amended to extend the Agreement for a one-year term expiring June 30, 2010, to provide independent auditing services for Fiscal Year 2008/2009, as set forth in the attached Exhibit "A", in the amount of $67,056. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 1, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MAYER HOFFMAN MCCANN, P.C. By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: ,M14,...,flern Michael A. Harrison Shareholder By:�✓...�.--- Ken Al -Imam Shareholder Exhibit A MAYER HOFFMAN McCANN P.C. OUR HOURLY RATES AND MAXIMUM FEE TO PERFORM THE 2009 AUDIT ENGAGEMENT The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and related services for the City of National City for the fiscal year ended June 30, 2009. 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, and SAS #114 Communication $33,876 2. Financial and Compliance Audit of the CDC 10,500 3. Audit procedures applied to Kimball Towers 3,500 4. Separate HUD Required A-133 Single Audit of Morgan Towers including REAC electronic submission to HUD and related attestations 5. A-133 Single Audit of Federal Grants allocable to a. Housing Choice b. Title 111 and other Grants (Single audit considers testing of 2 major programs) 8,725 6,000 4,455 §67,Q. 6 The hourly rates in effect for services that may be requested outside of the scope of the engagernentfor the fiscal year ended June 30, 2009 are as follows: Classification Shareholder $225 Engagement Manager 150 Senior Associates 120 Associates 105 The period of performance will be from June 1, 2009 through March 31, 2010. -4- ••■09 Nair City of National City, California CITY COUNCIL AGENDA STATEMENT AEETING DATE May 5, 2009 AGENDA ITEM NO. 11 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT BETWEEN THE CITY AND BUSTAMANTE & ASSOCIATES PREPARED BY George H. Eiser, III 1, DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Cruz Bustamante, a former Lieutenant Governor and Speaker of the Assembly of the State of California, is currently the name principal in Bustamante & Associates, consultants in the filed of governmental affairs. Pursuant to the proposed Consulting Agreement, Bustamante & Associates would provide the following services to the City: • Provide strategy to the City on a project basis; • Assume responsibility for communications between the State of California and the City on Port issues; • Schedule an assessment day with the City Manager and appropriate City staff to establish goals and an action plan; • Coordinate with City staff on any relevant State legislation that can help in the effort to obtain goals outlined between the Parties; • Meet with appropriate local legislators and community stakeholders to partner with the City; • Meet quarterly in person upon request by the City Manager for special presentations and workshops to the City Council or designated audience; • Host bi-annual Sacramento legislative workshops and State budget orientations; • Prepare written progress reports. The fee for the Consultant's services would be $6,000 per month. Either party could terminate the Agreement upon 30 days' written notice. Environmental Review 1 N/A Financial Statement Funds are budgeted. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. it Resolution Consulting Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES WHEREAS, Cruz Bustamante is a former Lieutenant Governor and Speaker of the Assembly of the State of California, and is currently a principal in Bustamante & Associates ("Consultant"); and WHEREAS, Consultant is in the business of governmental affairs relating to all manner of issues and projects; and WHEREAS, the City desires to retain Consultant as a governmental affairs consultant from May 1, 2009 to October 31, 2009, for a monthly fee of $6,000.. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Governmental Affairs Consulting Agreement between the City and Bustamante & Associates for the period May 1, 2009 through October 31, 2009, for a monthly fee of $6,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES RECITALS THIS CONSULTING SERVICE AGREEMENT ("Agreement") made this 5th Day of May 2009, by and between the City of National City, California (referred to hereinafter as "Client") and Bustamante & Associates (referred to hereinafter as "Consultant") (collectively referred to as the "Parties"). WHEREAS, Consultant is in the business of governmental affairs relating to all manner of issues and projects; and WHEREAS, Client desires to retain Consultant as a governmental affairs consultant from May 1, 2009 to October 31, 2009. NOW THEREFORE, in exchange for good and valuable consideration hereinafter described, Client hereby retains Consultant; and Consultant hereby agrees to provide to Client governmental affairs consulting services as follows: PERFORMANCE AND COMPENSATION The following services and duties ("Services"): ✓ Provide strategy to Client on a project basis; ✓ Assume responsibility for communications between the State of California and the Client on port issues; ✓ Schedule an assessment day with the City Manager and appropriate City staff to establish goals and an action plan; ✓ Coordinate with City staff on any relevant State legislation that can help in the effort to obtain goals outlined between the Parties; ✓ Meet with appropriate local legislators and community stakeholders to partner with Client; ✓ Meet quarterly in person upon request by the City Manager for special presentations and workshops to the City Council or designated audience; ✓ Host bi-annual Sacramento legislative workshops and State budget orientations; ✓ Prepare written progress reports. Client shall pay Consultant a monthly fee of Six Thousand Dollars ($6,000) within thirty (30) days of the end of each month during which consultant provides services. Page 1 of 3 TERMINATION The Parties may terminate this Agreement at any time by giving written notice. The termination will be effective one (1) calendar month (30 days) after the date of the notice. INDEPENDENT CONTRACTOR Consultant enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Client agrees that Consultant is not and will not become an employee, partner, agent, or principal of Client while this Agreement is in effect. Consultant may work with Client's employees or subcontractors as the Client (or City Manager) provides approval to perform the Services required of Consultant by this Agreement. Consultant represents and warrants that any subcontractors or employees required for specialty services will have prior approval of the City Manager, and have the same qualifications and skills necessary to perform the Services as set forth above. CONFIDENTIALITY Any information including, but not limited to, written, printed, graphic, or electronically or magnetically recorded information ("Proprietary Information") furnished by Client for Consultant's use is the sole property of Client. This Proprietary Information includes, but is not limited to, any and all information provided by Client directly to Consultant, including but not limited to Client's requirements, customer/vendor lists, marketing information, and information concerning Client's employees, finances, products, services, prices, and operations. Consultant understands and agrees to keep this Proprietary Information in the strictest confidence, and shall not disclose it by any means to any person except with Client's prior consent, and only to the extent permitted by Client and necessary to performance of Services under this Agreement. This prohibition also applies to Consultant's employees, agents, and subcontractors. CLIENT'S DUTIES Client agrees to be truthful with Consultant, to cooperate, to keep Consultant informed of developments and to abide by this Agreement. DISCLAIMER OF GUARANTEE Nothing in this Agreement and nothing in Consultant's statement to Client shall be construed as a promise or guarantee about the outcome of Client's matter. Consultant cannot and shall not guarantee to Client that he will be successful in his efforts to secure desired results, however, Consultant warrants that Consultant shall use his best efforts to meet the objectives of the Client, and perform accordingly. MISCELLANEOUS PROVISIONS 1. This Agreement shall be governed by the laws of the State of California. In the event any suit, action, or appeal to enforce this Agreement, the prevailing party shall be entitled to an award of its costs and attorneys' fees. Page 2 of 3 2. This Agreement may be executed in counterparts. 3. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. 4. Each term, covenant, condition, and provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result. 5. This Agreement supersedes any prior agreement, negotiations, and communications, oral or written, and contains the entire agreement between the Parties. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made by any party to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the Parties. 6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Parties' successors, assigns, executors, administrators, beneficiaries, and representatives. 7. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement will be cumulative, and will not be exclusive of any other such rights, remedies, and benefits allowed by law. The undersigned Parties acknowledge and agree as herein described under the laws of the State of California on this 5th day of May, 2009. Signed by: CITY OF NATIONAL CITY BUSTAMANTE & ASSOCIATES Ron Morrison, Mayor Cruz Bustamante Page 3 of 3 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE5 05-05-09 AGENDA ITEM NO. 12 (iEM TITLE Resolution ofthe City Council ofthe City ofNational City Ratifying a Side Letter to the Memorandum of Understanding Between the City and the National City Municipal Employees' Association, Amending the Agreement to Allocate $25,000 Towards the Refurbishment (ie paint, appliance and cabinet repair/replacement) of the City Hall Employee Lounge to Include the Public Works Employee Lounge. DEPARTMENT -4308) Human Resources Director EXPLANATION On July 17, 2007, the City Council approved a Resolution ratifying the wages, hours, and other terms and conditions of employment reached through a meet and confer process between the City of National City (City) and the National City Municipal Employees' Association (MEA). The action authorized the City Manager to enter into a Memorandum of Understanding (MOU) with MEA for the period January 1, 2007 through December 31, 2009. Article 12 of the MOU specifies that the City will allocate $25,000 toward the refurbishment of the kitchen/employee lounge in City Hall. After assessing the employee kitchen/lounge located at the Public Works yard, the MEA expressed a desire to utilize some of the $25,000 allocated by the City for the City Hall project to refurbish the Public Works lounge as well. If authorized by City Council through this Council action, a side letter (attached) will serve as the controlling document for Article 12, Section 3: Enhancement to Employee Lounge. As amended through the side letter, the $25,000 allocated by the City could be applied by MEA for the refurbishment of the employee kitchens/lounges located in City Hall and at the Public Works yard. Environmental Review ✓ N/A Financial Statement The $25,000 allocation by the City has been previously addressed. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Side Letter to Memorandum of Understanding between the City of National City Municipal Employees' Asso- '7. ciation, SEIU Local 221 and the City of National City, Enhancement to Employee Lounge A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, AMENDING THE AGREEMENT TO ALLOCATE $25,000 TOWARD THE REFURBISHMENT OF THE EMPLOYEE LOUNGES AT CITY HALL AND PUBLIC WORKS YARD WHEREAS, on July 17, 2007, the City entered into a Memorandum of Understanding (MOU) with the National City Municipal Employees' Association for the period January 1, 2007 through December 31, 2009; and WHEREAS, Article 12 of the MOU specifies that the City will allocate $25,000 toward the refurbishment of the employee lounge in City Hall; and WHEREAS, after assessing the employee lounge located at the Public Works Yard, the MEA desires to utilize some of the $25,000 to refurbish the employee lounge at the Public Works Yard. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ratifies a Side Letter to the MOU between the City of National City and the National City Municipal Employees' Association, amending the agreement to allocate $25,000 toward the refurbishment of the employee lounges in City Hall and the Public Works Yard. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 221 AND THE CITY OF NATIONAL CITY ENHANCEMENT TO EMPLOYEE LOUNGE Effective upon Council approval of this side letter, the City shall allow the allocation of City funds totaling $25,000 intended for the refurbishment of the kitchen/employee lounge area in City Hall to be used for the refurbishment of both the City Hall kitchen/employee lounge area and the Public Works yard kitchen/employee lounge. This side letter will serve both as a supplement to Article 12 of the Memorandum of Understanding (MOU) and as the controlling document for issues related to the allocation of City funds for and oversight of the employee lounge refurbishment project. ARTICLE 12: EDUCATION EXPENSES REIMBURSEMENT, EMPLOYEE LOUNGE UPGRADE, PUBLIC TRANSPORTATION INFORMATION Section 3: Enhancement to Employee Lounge City agrees to allocate $25,000, in total, toward the refurbishment of the kitchen/employee lounge areas at City Hall and the Public Works yard. A Steering Committee comprised of City managers and MEA employees will oversee the project and its completion. 4r�ro� 6) ddo City Hall Employee Lounge City of National City, California COUNCIL AGENDA STATEMENT `"MEETING DATE y 5, 2009 AGENDA ITEM NO. 13 ITEM TITLE Tarrant egister or e perio Amount of $2,324,960.49 PREPARED BY D. Gallegos -Finance EXPLANATION. 0 roug DEPARTMENT Finance Jeanette La 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 04/01/09 through 04/07/09. in e The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation D3 Equipment 226193 104,508.75 Vehicle Global Presenter 226207 57,434.11 Voting Sys Installation Southwest Signal Svc 226237 53,990.93 Street Lighting Environmental Review Financial Statement Not applicable. N/A Account No. STAFF RLCOMMENDATION Ratification of warrants in the amount of $2,324,960.49 BOARD/ COMMISSION RECOMMENDATION 1. Warrant Register #41 Nifty - ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) 1/3 I CAUIEO.RNIA •�+ _ Cirr ao INCORPORATED WARRANT REGISTER # 41 4/7/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO RETIREE HEALTH BENEFITS APR'09 226151 4/2/09 160.00 ALLEN RETIREE HEALTH BENEFITS APR'09 226152 4/2/09 125.00 BOYD RETIREE HEALTH BENEFITS APR'09 226153 4/2/09 145.00 C W REED JR RETIREMENT 2000964-S90 APR 2009 226154 4/2/09 1,087.23 CHARLES J REILLY SVCS RENDERED FEB 2009 226155 4/2/09 7,596.46 CONDON RETIREE HEALTH BENEFITS APR'09 226156 4/2/09 280.00 DEFRATIS RETIREE HEALTH BENEFITS APR'09 226157 4/2/09 120.00 DICERCHIO RETIREE HEALTH BENEFITS APR'09 226158 4/2/09 70.00 DREDGE RETIREE HEALTH BENEFITS APR'09 226159 4/2/09 250.00 EWERT, PHILLIP RETIREE HEALTH BENEFITS APR'09 226160 4/2/09 160.00 HANSON ERIC RETIREE HEALTH BENEFITS APR'09 226161 4/2/09 135.00 HOLLOWAY RETIREE HEALTH BENEFITS APR'09 226162 4/2/09 150.00 JAMES RETIREE HEALTH BENEFITS APR'09 226163 4/2/09 140.00 KIMBLE RETIREE HEALTH BENEFITS APR'09 226164 4/2/09 300.00 KOLANDA RETIREE HEALTH BENEFITS APR'09 226165 4/2/09 135.00 MATIENZO RETIREE HEALTH BENEFITS APR'09 226166 4/2/09 100.00 MCCABE RETIREE HEALTH BENEFITS APR'09 226167 4/2/09 280.00 MURRAY RETIREE HEALTH BENEFITS APR'09 226168 4/2/09 150.00 ''ERS RETIREE HEALTH BENEFITS APR'09 226169 4/2/09 140.00 `wJSAL, WILLIAM A. RETIREMENT SETTLEMENT APR 2009 226170 4/2/09 1,028.54 PAUU RETIREE HEALTH BENEFITS APR'09 226171 4/2/09 340.00 POTTER RETIREE HEALTH BENEFITS APR'09 226172 4/2/09 150.00 RAY RETIREE HEALTH BENEFITS APR'09 226173 4/2/09 190.00 RUIZ RETIREE HEALTH BENEFITS APR'09 226174 4/2/09 310.00 SHORT, CRAIG RETIREE HEALTH BENEFITS APR'09 226175 4/2/09 300.00 WELLS FARGO BANK CREDIT CARD EXP 226176 4/2/09 856.49 ZIETLOW, DAVID RETIREE HEALTH BENEFITS APR'09 226177 4/2/09 150.00 ALLIANT INSURANCE SVCS INC SPECIAL EVENTS PREMIUM 226178 4/7/09 116.15 AMERICAN BACKFLOW SPECIALTIES CITY-WIDE BACK FLOW PARTS 226179 4/7/09 187.56 AMR PYMNT-JAN-MAR 09 FOR RCCP 226180 4/7/09 30,096.99 AT&T/MCI PHONE XXX-0986 03/07-04/06/09 226181 4/7/09 2,525.31 AT&T/MCI PHONE XXX-8857 JAN 2009 226182 4/7/09 579.85 BEARD 125 PLAN REIMB 226183 4/7/09 41.20 CALIFORNIA COMMERCIAL SECURITY MOP 45754 6 PIN CORE 226184 4/7/09 151.21 CALIFORNIA HIGHWAY ADOPTION CO PARADISE CREEK LITTER REMOVAL 3-5-09 226185 4/7/09 960.00 CARQUEST AUTO PARTS MOP 47557 AIR FILTERS 226186 4/7/09 23.98 CESENA REFUND PLAN CHECK 226187 4/7/09 2,031.00 CITY OF CHULA VISTA ANIMAL SHELTER COSTS 226188 4/7/09 8,224.71 CORPORATE EXPRESS MOP45704 OFFICE SUPPLIES -PLANNING 226189 4/7/09 183.90 COUNTY OF SAN DIEGO SHARE OF PARKING CITATION REV 226190 4/7/09 5,749.50 COUNTY OF SAN DIEGO STORMWATER SHARED COSTS 226191 4/7/09 41,102.00 D MAX ENGINEERING INC DEPOSIT#1231 PARADISE MED CNTR 226192 4/7/09 1,148.75 '13 EQUIPMENT CASE MODEL #580 226193 4/7/09 104,508.75 %NIEL PEARCE/ RPM WELDING REPAIRS TO BRACKET 226194 4/7/09 80.78 `UPPER TIRE COMPANY TIRES FOR CITY FLEET 226195 4/7/09 475.54 DATA MICROIMAGING COMPANY 1% SALES TAX 226196 4/7/09 1.10 DAVIS REED CONSTRUCTION, INC REFUND B/L DUPLICATE PAYMENT 226197 4/7/09 210.50 2/3 PAYEE DEESE DEPARTMENT OF TRANSPORTATION DIXIELINE LUMBER CO. DOKKEN ENGINEERING DOUCETTE DREW FORD EMPIZO FERGUSON ENTERPRISES, INC FLEET SERVICES, INC GLOBAL PRESENTER GORMSEN APPLIANCE CO GRAINGER GRANICUS INC. HD SUPPLY HEARTLAND COMM. FAC. AUTHORITY I LOVE A CLEAN SAN DIEGO J & M KEYSTONE INC JC TOWING KLEINFELDER, INC. MAINTEX, INC. MASON'S SAW & LAWNMOWER SRVC MONTGOMERY KONE, INC. MORE DIRECT MUNOZ NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NAWIC OUCHI'S POWER EQUIPMENT PACIFIC AUTO REPAIR PBS&J PERRY FORD PRUDENTIAL OVERALL SUPPLY RODRIGUEZ ROE ROJAS SAN DIEGO DAILY TRANSCRIPT SDG&E SELTZER CAPLAN MCMAHON VITEK SIRCHIE FINGERPRINT LAB, INC. SOUTHWEST SIGNAL SERVICE, INC. STANDARD AUTO RECYCLING STRATACOM SUPERIOR PRODUCTS SWEETWATER AUTHORITY TELLEZ THE LIGHTHOUSE, INC. U S HEALTHWORKS 0-- CALIFORNIA -(- NATIONAL CfI ? INCORPORATED _ Jl WARRANT REGISTER # 41 4/7/2009 DESCRIPTION REIMB -CHIEF-CITY MGR TEAM SEMINAR HIGHWAY LIGHTING MOP 45707 HAMMER/HOE/TOOL JUNE 2008 SERVICES 125 PLAN REIMB MOP 49078 SENSOR/KIT 125 PLAN REIMB MOP 45723 REPL CART MOP 67804 AIR DRIERS/BRAKE KITS AREA 3 VOTING SYSTEM INSTALLATION CITY WIDE APPLIANCE REPAIRS MAT NOTRAX FOR ENTRANCE SOFTWARE MODULES DISHWASHER CON COMP/DRN COVER ENROUTE FY08-09 - 4TH QTR 2009 CREEK TO BAY CLEAN UP CITY WIDE CARPET CLEANING MOP 68862 TOWING SVC BILLING THROUGH NOV. 2008 SERVICES MISC. JANITORIAL SUPPLIES MOP 45729 HEDGE TRIMMER MAINTENANCE TO ELEVATORS TOUGHBOOK FULL KIT SEMINAR -ROLE OF HR IN THE ECONOMY MOP 45735 DISC BRAKE MOP 72441 REPLACE PANELS LUNCHEON -WOMEN IN CONSTRUCTION MOP 45740 AIR FILTER/REEL SMOG CERTIFICATION & REPAIRS WASTEWATER FINANCIAL SERVICES MOP 45703 BRAKE REPAIRS MOP 45742 TOWEL - PD REIMB-CHIEF, CITY MGR TEAM SEMINAR 125 PLAN REIMB 125 PLAN REIMB PARKS REHAB FURNISHINGS FACILITIES DIVISION GAS & ELEC LEGAL CONSULTANTS 5063568-IN 3 WATT ALS SYSTEM TRAFFIC SIGNAL AND STREET LIGHTING ENGINE FOR A 2000 CROWN MOP 63845 GRIEVANCE FORM - HR BAKE PAN STREET WATER BILLS 125 PLAN REIMB MOP 47940 FUSE/FUSE HOLDER MEDICAL SERVICES - CITY CHKNO DATE AMOUNT 226198 4/7/09 280.20 226199 4/7/09 2,344.74 226200 4/7/09 2,550.08 226201 4/7/09 3,726.25 226202 4/7/09 485.46 226203 4/7/09 159.99 226204 4/7/09 656.80 226205 4/7/09 364.99 226206 4/7/09 48.61 226207 4/7/09 57,434.11 226208 4/7/09 84.50 226209 4/7/09 984.46 226210 4/7/09 27,157.81 226211 4/7/09 219.83 226212 4/7/09 32,907.00 226213 4/7/09 1,000.00 226214 4/7/09 875.00 226215 4/7/09 50.0( 226216 4/7/09 32,534.87` 226217 4/7/09 1,646.48 226218 4/7/09 426.45 226219 4/7/09 765.73 226220 4/7/09 253.32 226221 4/7/09 20.90 226222 4/7/09 361.88 226223 4/7/09 146.81 226224 4/7/09 45.00 226225 4/7/09 222.51 226226 4/7/09 64.65 226227 4/7/09 1,631.50 226228 4/7/09 49.30 226229 4/7/09 313.36 226230 4/7/09 284.19 226231 4/7/09 489.00 226232 4/7/09 240.10 226233 4/7/09 514.60 226234 4/7/09 25,587.49 226235 4/7/09 29,140.37 226236 4/7/09 2,689.50 226237 4/7/09 53,990.93 226238 4/7/09 1,470.00 226239 4/7/09 88.52 226240 4/7/09 44.9 226241 4/7/09 141.30 226242 4/7/09 523.11 226243 4/7/09 12.40 226244 4/7/09 185.00 3/3 PAYEE VULCAN MATERIALS COMPANY WATERLINE TECHNOLOGIES WESTFLEX INDUSTRIAL WOOD & WOOD BUSTAMANTE & ASSOC CHRISTENSEN & SPATH LLP COMMUNITY YOUTH ATHLETIC CTR PRUDENTIAL OVERALL SUPPLY RIDLEY URBAN FUTURES VISION INTERNET PROVIDERS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS VROLL Pay period ``r 7 Special Payroll Special Payroll Start Date 3/10/2009 3/10/2009 3/10/2009 +�— CALIFORNIA -�- N 11_SAL CITY. INCORPORATED WARRANT REGISTER # 41 4/7/2009 DESCRIPTION SHEET AND COLD MIX ASPHALTS MUNICIPAL POOL CHEMICALS MOP 63850 HYDL HOSE LIABILITY CLAIM SVCS FOR JAN/FEB 2009 NHF GRANT AWARD MOP 45742 UNIFORMS - CD MILEAGE REIMB-HEALTHY HOMES AB 1389 REPORT WEBSITE DESIGN PREFUND M KING -CLAIM Start Date 4/1/2009 End Date 3/23/2009 3/23/2009 3/23/2009 End Date 4/7/2009 Check Date 4/1/2009 4/2/2009 4/2/2009 CHK NO DATE AMOUNT 226245 4/7/09 397.13 226246 4/7/09 2,277.59 226247 4/7/09 52.66 226248 4/7/09 2,406 25 226249 4/7/09 12,000.00 226250 4/7/09 1,790.00 226251 4/7/09 22,712.50 226252 4/7/09 28.68 226253 4/7/09 145.20 226254 4/7/09 500.00 226255 4/7/09 10,329.00 226256 4/7/09 14,343.25 A/P Total 565,443.76 701,682.79 1,040,466.74 10,146.24 7,220.96 GRAND TOTAL $ 2,324,960.49 -0-- CALIFORNIA - NA IO T .L CITY CINCORPOitATEv � �� Warrant Register # 41 4/7/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 198 PROPERTY EVIDENCE SEIZURE 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 726 ENGINEERING/PUBLIC WORKS T&A DEPOSITS 859,971.89 28,746.45 21, 554.08 3,612.37 564.39 2,031.00 63,705.93 39, 064.96 1,420.06 949.82 12,385.03 627.44 1,687.17 908.10 4,415.33 2,717.86 2,473.10 1,148.23 24,343.63 3,124.34 41,552.79 119.13 2,805.59 3,934.32 2,803.93 37,450.89 3,298.85 6,279.76 722,608.36 2,455.10 22, 712.50 93,638.85 1,419.94 53,017.15 20, 562.30 5,586.82 2,725.94 84,591.92 4,539.07 17,634.16 14,114.44 104,508.75 1,148.75 2,324,960.49 ''uS City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE May 5, 2009 AGENDA ITEM NO. 14 ITEM TITLE ttarrant 'egis er or e peno• o Amount of $497,414.20 PREPARED BY D. Gallegos -Finance EXPLANATION. roug DEPARTMENT Financ Jeanette L 619-336-433 Per Government Section Code 37208, attached are the warrants issued for the period of 04/08/09 through 04/14/09. In The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Tristar Risk Mgmnt 226343 ICF Jones & Stokes 226370 Amount 73,436.08 83,129.16 Explanation Worker's Comp Westside Specific Plan Environmental Review Financial Statement Not applicable. N/A Account No. STAFFRECOMMENDATION Ratification of warrants in the amount of $497,414.20 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #42 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) 4)-. CALIFORNIA .-c+ 1/5 PAYEE 1800-RADIATOR AIRGAS-WEST ALL FRESH AMERICAN ROTARY BROOM CO.. INC ARC ERGONOMICS ARCO GASPRO PLUS ARJIS ASBURY ENVIRONMENTAL SERVICES AT&T/MCI AT&T/MCI BANK OF AMERICA BERTRAND'S MUSIC BOOT WORLD BUSH POWER BRAKE SERVICE CA BUILDING STANDARD COMMISION CA PLANNING & DEVELOPMENT REP 4LIFORNIA BAKING CO. MACHO NrnoCINTAS DOCUMENT MANAGEMENT CITY OF OCEANSIDE CITY OF OCEANSIDE CNOA CONSTRUCTION ELECTRONICS INC. CORPORATE EXPRESS COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC DAPPER TIRE COMPANY DISCOUNT SPECIALTY CHEMICALS DOKKEN ENGINEERING DONSTON DREW FORD EASTLAKE H.S. BAND ESGIL CORPORATION EXPERIAN EXPRESS TEL FERGUSON ENTERPRISES, INC FIRE ETC G & A AUTO AIR CONDITIONING GEORGE H WATERS GFOA GRAINGER WOSSMAN PSYCHOLOGICAL ASSOC. 'C SYSTEMS INC yam, AMILTON MEATS & PROVISIONS HYDRO-SCAPE PRODUCTS INC. NATIONAL €UT INCORPORATED WARRANT REGISTER # 42 4/14/2009 DESCRIPTION RADIATOR FOR 2001 FORD CROWN VIC GLOVES FOOD/CONSUMABLES ROSS MOTOR CONTOUR ROLLER MOUSEPAD PRO FUEL FOR CITY FLEET ARJIS COSTS, JPA COSTS, ARJIS PICK-UP OF USED OIL PHONE XXX-7549 FEB 2009 CALNET 2 PHONE 02/13-03/12/09 CREDIT CARD EXP - FINANCE INSTRUMENT REPAIRS MOP 64096 BOOTS-VIRDEN/SAINZ BRAKE - MASTER REBUILT SPECIAL REVOLVING FUND COST RENEW CA PLANNING & DEV REPORT BREAD PRODUCTS REFUND OF C&D PRICE MONTHLY SHREDDING QTRLY DINNER MEETING QTRLY DINNER MEETING SURVEILLANCE TECHNIQUES CLASS MAINTENANCE - APRIL 2009 COPY PAPER MAIL PROCESSING - 02/16-03/15/09 PARTS FOR VEHICLE # 425. TIRES FOR CITY FLEET LUSTRA SUDS CONCENTRATE FEBRUARY 2008 SERVICES CONCERT SERVICES REPAIR FOR V# 472. CONCERT SVCS PLAN CHECKING SERVICES OF BLDG CREDIT CHECKS FOR NEW PD EMP LONG DISTANCE 02/20 - 03/20/09 PLUMBING SUPPLIES 50' LENGTHS, 1 3/4" ATTACK TYPE LABOR TO REPAIR A/C PROMOTIONAL ACTIVITIES 2 BOOKS - FINANCE GLOVES PRE-EMP PSYCHOLOGICAL EXAMS PROFESSIONAL NETWORK SERVICES MEAT PRODUCTS MISC. MAT. FOR PARKS DEPARTMENT CHK NO DATE AMOUNT 226257 4/14/09 130.50 226258 4/14/09 129.57 226259 4/14/09 2,437.19 226260 4/14/09 1,122.19 226261 4/14/09 205.75 226262 4/14/09 21,072.77 226263 4/14/09 335.00 226264 4/14/09 40.00 226265 4/14/09 6,903.98 226266 4/14/09 561.33 226267 4/14/09 989.39 226268 4/14/09 105.47 226269 4/14/09 232.70 226270 4/14/09 92.44 226271 4/14/09 12.60 226272 4/14/09 264.00 226273 4/14/09 399.50 226274 4/14/09 522.44 226275 4/14/09 72.95 226276 4/14/09 70.00 226277 4/14/09 35.00 226278 4/14/09 100.00 226279 4/14/09 843.55 226280 4/14/09 3,278.66 226281 4/14/09 2,941.55 226282 4/14/09 2,026.20 226283 4/14/09 908.71 226284 4/14/09 97.00 226285 4/14/09 40,607.60 226286 4/14/09 100.00 226287 4/14/09 192.86 226288 4/14/09 260.00 226289 4/14/09 18,736.02 226290 4/14/09 27.48 226291 4/14/09 328.33 226292 4/14/09 63.44 226293 4/14/09 901.93 226294 4/14/09 896.10 226295 4/14/09 2,250.00 226296 4/14/09 68.00 226297 4/14/09 36.65 226298 4/14/09 2,750.00 226299 4/14/09 487.50 226300 4/14/09 2,188.80 226301 4/14/09 374.30 4)-- CALIFORNIA "'{+ 2/5' PAYEE INTERNATIONAL HISPANIC NETWORK IRON MOUNTAIN RECORDS JAVINAL JOHN DEERE LANDSCAPES KITAGAWA HOME & OFFICE SUPPLY LOCAL GOVERNMENT PUBLICATIONS LONG'S DRUG STORES LOPEZ MANCILIA MANGANIELLO MAYER REPROGRAPHICS MCGUIRE DISTRIBUTION MISSION JANITORIAL SUPPLIES MISSION UNIFORM SERVICE MX LOGIC, INC NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NICK RAIL MUSIC NICK RAIL MUSIC ONE SOURCE DISTRIBUTORS ORKIN PEST CONTROL PACIFIC AUTO REPAIR PARTS PLUS AUTOSTORE #711 PERRY FORD PHIL POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RELIABLE SPRING & SUSPENSION RJA MANAGEMENT SERVICES S D AREA CHAPTER ICC SAFEWAY SIGN CO. SAIS SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SOUTH BAY WINDOW & GLASS CO SOUTHLAND AUTO BODY SYSCO SAN DIEGO THE LIGHTHOUSE, INC. THE SAN DIEGO UNION TRIBUNE THE STAR NEWS TRISTAR RISK MANAGEMENT TURF STAR ULTIMATE STAFFING SERVICES ULTIMATE STAFFING SERVICES NATIONAL CITY INCORPORATED WARRANT REGISTER # 42 4/14/2009 DESCRIPTION MEMBERSHIP-C ZAPATA RECORDS MANAGEMENT REFUND OF C&D COST SHOVEL OFFICE SUPPLIES LCL USE BOOKS 2009 EDITION MOP 45727 FIRST AID SUPPLY - PW TRANSLATION SERVICES REPLACE DIRECT DEPOSIT -REJECTED TRAFFIC SIGNAL CONTR TRAINING DIGITAL BOND ORIG. PRINTS MILK PRODUCTS CENTURY STORMCHASER DUAL LAUNDRY/CLEANING SVCS SPAM EMAIL FILTERING/WEB SVCS CAR WASHES FOR CITY FLEET MOP66556 TRACK MEDAL/NECK RIBBON MUSIC STANDS FOR C C BAND FOLDING MUSIC CHAIRS TIE WIRE PEST MAINTENANCE SMOG CERTIFICATION & REPAIRS PARTS FOR 1996 F-250 LABOR TO REPAIR FOR VEHICLE # 449 CONCERT SERVICES PARTS SHARPENING SERVICE MOP 45742 TOWELS - PD LABOR TO REPAIR EQUIPMENT CONSULTANT SERVICES ICC ANNUAL MEMBERSHIP SIGNS LIABILITY CLAIM COSTS BASIC POLICE ACADEMY REGIONAL OFFICERS TRAINING GLASS 20 X 56 REPAIRS ON VEHICLE #491 FOOD/CONSUMABLES STROBE TUBE LEGAL NOTICES ADVERTISING PARKS REHAB FURNISHING PROJECT WORKER'S COMP REPLENISHMENT DISC HALF, STOCK NUMBER: 12-9460 TEMP EMP - NEIGHBORHOOD SVCS TEMP CLERK - STATION#34 3/22/09 NIS CHK NO DATE AMOUNT 226302 4/14/09 250.00 226303 4/14/09 125.00 226304 4/14/09 67.83 226305 4/14/09 170.15 226306 4/14/09 160.28 226307 4/14/09 119.56 226308 4/14/09 256.72 226309 4/14/09 100.00 226310 4/14/09 58.34 226311 4/14/09 277.80 226312 4/14/09 1,054.33 226313 4/14/09 568.55 226314 4/14/09 2,260.85 226315 4/14/09 123.32 226316 4/14/09 441.00 226317 4/14/09 316.00 226318 4/14/09 65.2t 226319 4/14/09 1,101.40 226320 4/14/09 37.71 226321 4/14/09 65.28 226322 4/14/09 353.75 226323 4/14/09 969.79 226324 4/14/09 409.74 226325 4/14/09 2,094.67 226326 4/14/09 75.00 226327 4/14/09 264.30 226328 4/14/09 45.00 226329 4/14/09 265.96 226330 4/14/09 3,163.17 226331 4/14/09 14,892.90 226332 4/14/09 50.00 226333 4/14/09 1,182.83 226334 4/14/09 1,791.38 226335 4/14/09 210.00 226336 4/14/09 180.00 226337 4/14/09 138.77 226338 4/14/09 5,196.57 226339 4/14/09 5,745.89 226340 4/14/09 263.27 226341 4/14/09 912.00 226342 4/14/09 676.5C 226343 4/14/09 73,436.0bNS 226344 4/14/09 116.29 226345 4/14/09 1,960.30 226346 4/14/09 175.92 +}- CALIFOR.NIA. 3/5 PAYEE ULTIMATE STAFFING SERVICES UNDERGROUND SERV ALERT UNI(ON-TRIBUNE PUB. CO. UNITED RENTALS VERIZON WIRELESS VERONICA TAM & ASSOCIATES VISTA PAINT WAXIE SANITARY SUPPLY WHITAKER BROTHERS ZAPATA SDG&E SWEETWATER AUTHORITY GONZALES SDG&E AGUIRRE BEST BEST & KRIEGER LLP TY OF NATIONAL CITY CORPORATE EXPRESS FEDEX HARRIS & ASSOCIATES HUSK PARTNERS ICF JONES & STOKES JEFF KATZ ARCHITECTURE N C CHAMBER OF COMMERCE PE POWER PLUS SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC SDG&E SDG&E SWEETWATER AUTHORITY UNION -TRIBUNE PUB. CO. URBAN FUTURES 3M LIBRARY SYSTEMS ADAMS AMAZON.COM ARCHER ARVIZU AT & T MOBILITY BANSAL BAZZOLA 'LL `,rETTERS BOLICK BRODART NATTO elryt INCORPORATED WARRANT REGISTER # 42 4/14/2009 DESCRIPTION TEMP SR OFFICE ASSIST STATION#34 UNDERGROUND SERVICE ALERT PUBLICATION OF PLANNING 1 YARD CONCRETE BATCH PLANT MIX CELL PHONES 02/22 - 03/21/09 GRANTS ASSISTANCE PARTS TO REPAIR AIRLESS SPRAYER HANDS FREE UNIVERSAL ROLL TOWEL SHREDDER MAINTENANCE REIMBURSEMENT WASTEWATER GAS & ELECTRIC WASTEWATER DIVISION WATER BILLS SUBSISTENCE: SD COUNTY WORKSHOP FACILITIES GAS & ELECTRIC ADVANCE TRAVEL REQUEST COMM YOUTH ATHLETIC CNTR PETTY CASH PPE 04/13/09 MOP 45704 OFFICE SUPPLIES - REDEV EXPRESS MAIL SVCS MSI DEMO DESIGN SVCS (QUANSET HUTS) CONSULTING SVCS FOR APRIL 09 WESTSIDE SPECIFIC PLAN EIR LIBRARY REMODEL MEMBERSHIP RENEWAL DUES MILEAGE REIMB EQUIP RENTAL CLIPPING SERVICES FLAGGING SVCS 1615 E 4TH ST 02/23-03/24/09 • 1202 HIGHLAND AVE 02/18-03/19/09 1310 HIGHLAND AVE NOTICE FOR S8 ANNUAL PHA & ADMIN PLAT IMPLEMENTATION PERFORMANCE REVIEW BOOK PROCESSING MATERIALS TRAVEL (AMERICORPS CNCS YR6) ADULT NON-FICTION BOOKS TRAVEL (AMERICORPS LSTA YR6) TRAVEL (AMEICORPS LSTA YR6) WINGS CELL PHONE. TRAVEL(AMERICORPS CNCS YR6) TRAVEL (AMERICORPS CNCS YR6) TRAVEL(AMERICORPS LSTA YR6) TRAVEL(AMERICORPS CNCSYR6) TRAVEL (AMERICORPS CNCS YR6) LIBRARY AUTOMATION CHK NO DATE AMOUNT 226347 4/14/09 175.92 226348 4/14/09 159.00 226349 4/14/09 822.40 226350 4/14/09 266.69 226351 4/14/09 5,574.56 226352 4/14/09 131.25 226353 4/14/09 598.01 226354 4/14/09 391.16 226355 4/14/09 285.00 226356 4/14/09 358.95 226357 4/14/09 29,641.57 226358 4/14/09 37.30 226359 4/14/09 150.00 226360 4/14/09 26,189.83 226361 4/14/09 118.20 226362 4/14/09 7,475.36 226363 4/14/09 174.24 226364 4/14/09 101.31 226365 4/14/09 59.22 226366 4/14/09 1,085.00 226367 4/14/09 7,500.00 226368 4/14/09 83,129.16 226369 4/14/09 2,282.76 226370 4/14/09 100.00 226371 4/14/09 57.20 226372 4/14/09 195.00 226373 4/14/09 63.80 226374 4/14/09 18.13 226375 4/14/09 118.00 226376 4/14/09 16.20 226377 4/14/09 634.65 226378 4/14/09 518.50 226379 4/14/09 750.00 226380 4/14/09 863.06 226381 4/14/09 79.90 226382 4/14/09 278.81 226383 4/14/09 181.75 226384 4/14/09 197.80 226385 4/14/09 108.71 226386 4/14/09 130.24 226387 4/14/09 346.87 226388 4/14/09 115.75 226389 4/14/09 48.49 226390 4/14/09 27.38 226392 4/14/09 9,024.88 4/5 0-- CALIFORNIA -0 NATO e o INCORPORATED WARRANT REGISTER # 42 4/14/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT BURLEW TRAVEL (AMERICORPS CNCS YR6) 226393 4/14/09 280.73 CALTAC MEMBERSHIP FOR THE LIBRARY BOARD 226394 4/14/09 115.00 CHAPMAN TRAVEL(AMERICORPS LSTA YR6) 226395 4/14/09 223.30 CHIU TRAVEL (AMERICORPS CNCS YR6) 226396 4/14/09 308.68 CORPORATE EXPRESS MAT & SUPPL. (LITERACY SERVICES) 226397 4/14/09 342.38 CORPORATE EXPRESS MOP #45704- 226398 4/14/09 120.09 CROSBY TRAVEL (AMERICORPS CNCS YR6) 226399 4/14/09 250.90 DEL NORTE READS TRAVEL(AMERICORPS CNCS/LSTA YR6) 226400 4/14/09 1,526.80 DEMCO INC. BOOK PROCESSING MATERIALS 226401 4/14/09 135.73 DISCOUNT SCHOOL SUPPLY MAT & SUPPL FOR FLN 226402 4/14/09 146.75 FLORINE TRAVEL (AMERICORPS CNCS YR6) 226403 4/14/09 20.00 FRIENDS OF THE READ/SAN DIEGO EXPRT SRVC LSTA YR6 226404 4/14/09 250.00 FROST TRAVEL(AMERICORPS CNCSYR6) 226405 4/14/09 34.00 GAFFORD TRAVEL (AMERICORPS CNCS YR6) 226406 4/14/09 292.78 GARCIA TRAVEL (AMERICORPS CNCS YR6) 226407 4/14/09 195.83 GAUSEPOHL TRAVEL (AMERICORPS CNCS YR6) 226408 4/14/09 13.88 GILL TRAVEL(AMERICORPS CNCSYR6) 226409 4/14/09 19.0i ',vs/ GIST EXPRT SRVC (AMERICORPS CNCS YR6) 226410 4/14/09 55.00 GOODYEAR TRAVEL (CNCS/LSTA AMERICORPS YR6) 226411 4/14/09 264.28 GUERRERO TRRAVEL (AMERICORPS CNCS YR6) 226412 4/14/09 197.56 HANSEN LIBRARY SALES BOOKS FOR THE WOWMOBILE 226413 4/14/09 1,297.39 HELLEN WOODWARD ANIMAL CENTER EXPRR SRVS(LIT SRVCS YR6) 226414 4/14/09 100.00 HERNANDEZ TRAVEL (AMERICORPS CNCS YR6) 226415 4/14/09 30.91 IRVINE TRAVEL(AMERICORPS LSTA YR6) 226416 4/14/09 44.00 JOHNSON EXPRT.SVC (FLN PERFORMER - APRIL) 226417 4/14/09 150.00 JOHNSON TRAVEL (AMERICORPS CNCS YR6) 226418 4/14/09 207.40 KAUR TRAVEL(AMERICORPS CNCSYR6) 226419 4/14/09 204.94 KENNEDY TRAVEL (AMERICORPS CNCS YR6) 226420 4/14/09 16.41 KLIKUN TRAVEL (AMERICORPS LSTA YR6) 226421 4/14/09 280.20 LASER SAVER INC OFFICE SUPPLY(WOWMOBILE GRANT YR6) 226422 4/14/09 86.78 LAW EXPER SRVC (FAMILY LITERACY NIGHT) 226423 4/14/09 175.00 LENHERT TRAVEL (AMERICORPS CNCS YR6) 226424 4/14/09 165.64 LITERACYWORKS LIVING ALLOWANCE FOR 59 AMERICOPRS 226425 4/14/09 46,000.00 MANELA TRAVEL (AMERICORPS CNCS YR6) 226426 4/14/09 12.00 MARISCAL TRAVEL (AMERICORPS LSTA YR6) 226427 4/14/09 45.00 MEDINA-VILLA TRAVEL(AMERICORPS CNCSYR6) 226428 4/14/09 67.84 MORINEAU EXPERT SRVC FAMILY LIT. NIGHT 226429 4/14/09 200.00 MYERS TRAVEL (AMERICORPS CNCS YR6) 226430 4/14/09 99.10 NEVADA COUNTY LIBRARY TRAVEL (AMERICORPS LSTA/CNCS YR6) 226431 4/14/09 396.40 NOLAN TRAVEL (AMERICORPS CNCS/LSTA YR6) 226432 4/14/09 190.50 NOLO PRESS, INC. REFERENCE BOOKS 226433 4/14/09 133.9E NORIEGA TRAVEL (AMERICORPS LSTA YR6) 226434 4/14/09 32.00\Id NOVELLI TRAVEL (AMERICORPS CNCS YR6) 226435 4/14/09 377.18 OBATA EXPERT SVC (FAMILY LIT. NIGHT YR6) 226436 4/14/09 150.00 PINPOINT MARKETING GRP, INC MAT/SUPPL. (AMERICORPS CNCS YR6) 226437 4/14/09 3,431.35 5/5 0-- CALIFORNIA --t* NATIONAL E' INCORPORATED WARRANT REGISTER # 42 4/14/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT PORTILLO TRAVEL (AMERICORPSCNCS YR6) 226438 4/14/09 239.79 PROJECT READ TRAVEL (AMERICORPS CNCS YR6) 226439 4/14/09 823.07 RANDOM HOUSE, INC. REFERENCE BOOKS 226440 4/14/09 654.98 RODRIGUEZ TRAVEL (AMERICORPS CNCS YR6) 226441 4/14/09 13.72 RODWICK TRAVEL (AMERICORPS CNCS YR6) 226442 4/14/09 48.49 ROMANO TRAVEL (AMERICORPS LSTA YR6) 226443 4/14/09 54.00 SANCHEZ TRAVEL (AMERICORPS CNCS YR6) 226444 4/14/09 452.16 SCHNEIDER TRAVEL(AMERICORPS CNCSYR6) 226445 4/14/09 414.76 SCOTT TRAVEL(AMERICORPS CNCSYR6) 226446 4/14/09 119.13 SHUMATE TRAVEL (AMERICORPS LSTA YR6) 226447 4/14/09 598.40 SINAVSKY TRAVEL (AMERICORPS LSTA YR6) 226448 4/14/09 20.86 SNIDER TRAVEL (AMERICORPS CNCS YR6) 226449 4/14/09 10.67 SPRINT VIDEO CONFERENCING/LONG DISTANCE 226450 4/14/09 28.66 STARTECH COMPUTERS MOP#61744- 226451 4/14/09 385.94 STRATACOM BUSINESS CARD IMPRINTS 226452 4/14/09 63.08 STRATEGIC RESOURCE COMPANY/ AMERICORPS HEALTHCARE 226453 4/14/09 1,612.91 ITTER COUNTY LIBRARY EXPRT SRVC(AMERICORPS CNCS YR6) 226454 4/14/09 292.00 `e.OMSON GALE REFERENCE BOOKS 226455 4/14/09 122.46 TUBIG TRAVEL(AMERICORPS CNCS YR6) 226456 4/14/09 112.20 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 226457 4/14/09 300.00 VALDEZ TRAVEL(AMERICORPS CNCSYR6) 226458 4/14/09 475.36 WASHINGTON TRAVEL(AMERICORPS CNCSYR6) 226459 4/14/09 390.32 WICK TRAVEL (AMERICORPS CNCS YR6) 226460 4/14/09 44.50 WILDER TRAVEL(AMERICORPS CNCSYR6) 226461 4/14/09 81.40 XEROX CORPORATION BASE CHGS/COPIES FOR LITERACY 226462 4/14/09 1,397.72 ZEIDER TRAVEL (AMERICORPS LSTA YR6) 226463 4/14/09 196.60 SECTION 8 HAPS PAYMENTS A/P Total 486,610.85 Start Date End Date 4/8/2009 4/15/2009 10,803.35 GRAND TOTAL $ 497,414.20 4-> . CALIFORNIA NATIONAL CITY �VV� nNCORPORATED Warrant Register # 42 4/14/2009 001 GENERAL FUND 71,222.28 104 LIBRARY FUND 11,479.93 105 PARKS MAINTENANCE FUND 886.74 108 LIBRARY CAPITAL OUTLAY 718.06 109 GAS TAXES FUND 726.97 120 PLAN CHECKING REVOLVING FUND 14,132.56 125 SEWER SERVICE FUND 334.17 136 TINY TOT CLASSES FUND 80.19 166 NUTRITION 11,668.53 246 WINGS GRANT 137.37 301 GRANT-C.D.B.G. 158.15 312 STP LOCAL/TRANSNET HIGHWAY 40,607.60 320 LIBRARY GRANTS 66,708.22 502 SECTION 8 FUND 11,341.98 505 HOME FUND 118.20 511 TAX INCREMENT FUND 103,713.00 626 FACILITIES MAINT FUND 29,662.20 627 LIABILITY INS. FUND 75,227.46 628 GENERAL SERVICES FUND 2,836.20 629 INFORMATION SYSTEMS MAINTENANC 1,772.05 631 TELECOMMUNICATIONS REVOLVING 13,368.20 632 GENERAL ACCOUNTING SERVICES 10.90 643 MOTOR VEHICLE SVC FUND 39,912.97 731 CONSTRUCTION AND DEMOLITION DEBRIS 590.27 497,414.20 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 5, 2009 AGENDA ITEM NO. 15 ITEM TITLE Investment Report for quarter ended March 31, 2009 PREPARED BY DEPARTMENT Jeanette Ladrido,,A Finance x 4331 EXPLANATION See attached report Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the it inancial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended March 31, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1 Background/Investment Overview T2 Portfolio Summary — Quarter ended March 31, 2009 Resolution No. A-200 (9/80) r ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the City Council within 30 days following the end of the quarter that consists of the following information: • Type of investment or description, • Issuers (bank or institution), • Dollar amount, Interest rate, • Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City of National City investments most of its funds in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. For the quarter ended March 31, 2009, LAIF's return was 1.822%. Federal Agency Securities account for 17% of the investment portfolio. The average rate of return is 3.982%. The City has 47 investments in Certificates of Deposit. These investments are in increments of 99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 4.643%. On 9/13/2007, City Council approved a $3 million investment in the CDARS program. This investment yields 2.883% and accounts for 7% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 1.07% To ensure compliance with Government Code Section 53646, staff certifies that the pooled investment portfolio has the ability to meet the City's cash flow demands for the next 6 months. SUMMARY OF INVESTMENT PORTFOLIO As of March 31, 2009 Investment Type INVESTMENTS HELD BY THE CITY YTM % of Book Value Market Value 365 Equiv. Portfolio LAIF 27,031,770.70 27,081,226.19 1.822% 60.54% Medium Term Notes 500,000.00 473,935.00 4.000% 1.12% Federal Agency Securities 7,476,554.17 7,584,049.92 3.982% 16.75% Certificates of Deposit 4,351,981.21 4,362,207.97 4.643% 9.75% CalTrust 2,288,011.30 2,288,011.30 1.070% 5.12% Negotiable CD/CDARS 3,000,000.00 3,000,000.00 2.883% 6.72% Totals for March 2009 44,648,317.38 44,789,430.38 2.516% 100.00% Totals for December 2008 38,678,967.40 Portfolio increase from prior quarter 5,969,349.98 Negotiable CD/CDARS 6.72% CalTrust 5.12% Certificates of Deposit 9.75% Federal Agency Securities 16.75% Medium Term Notes 1.12% Investments Liquidity On Demand Within One Month One Month to One Year Within One to Five Years City of National City Finance Department LAIF 60.54% Book Value % of Portfolio 29,319,782.00 297,000.00 3,771,981.21 11,259,554.17 44,648,317.38 65.67% 0.67% 8.45% 25.22% 100.00% l -11W- Investments City of National City Portfolio Management Portfolio Summary March 31, 2009 City of National City Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly LAIF Medium Term Notes Federal Agency Securities CalTrust CDARS Investments 4,351,981.21 4,362,207.97 4,351,981.21 9.75 665 277 4.579 4.643 27,031,770.70 27,081,226.19 27,031,770.70 60.54 1 1 1.797 1.822 500,000.00 473,935.00 500,000.00 1.12 1,462 1,050 3.945 4.000 7,475,000.00 7,584,049.92 7,476,554.17 16.75 1.812 1.534 3.927 3.982 2,288,011.30 2,288,011.30 2,288,011.30 5.12 1 1 1.055 1.070 3,000,000.00 3,000,000.00 3,000,000.00 6.72 607 510 2.844 2.883 44, 646, 763.21 44,789,430.38 44,648,317.38 100.00% 426 331 2.481 2.516 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Eff:_ ve Rate of Return 123,733.89 46,563,387.79 3.13% Lfrfr2-P4 Pr) Jeanett-i adrido, Finance Director Reporting period 03/01/2009-03/31/2009 Run Date 04/21/2009 - 10'04 1,103,845.68 46,930,570.03 3.13% Portfolio CNC CC PM ;PRF_PM1) SyrnRept 6.41.202b Report Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2009 Page 2 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11307 11307 American Home Bank 10/23/2008 99,000.00 99,000.00 99,000.00 4.600 208 4 600 205 10/23/2009 SYS11302 11302 AMERIKA SAMOA BANK 09/22/2008 99,000.00 99,000.00 99,000.00 4.500 276 4.500 539 09/22/2010 SYS11310 11310 BankFirst 11/14/2008 99,000.00 99,000.00 99,000.00 4.200 4.200 229 11/16/2009 SYS11229 11229 Bank of Washington 10/23/2007 98,981.21 98,981.21 98,981.21 5.100 289 5.100 205 10/23/2009 SYS11287 11287 Bank of North Carolina 06/10/2008 . 99,000.00 99,000.00 99,000.00 4.050 189 4.050 435 06/10/2010 SYS11207 11207 The Brand Banking Company 08/16/2007 99,000.00 99,000.00 99,000.00 5.400 255 5.400 138 08/17/2009 SYS11227 11227 Business Bank of Fox River Vly 10/24/2007 99,000.00 99,000.00 99,000.00 5.050 174 5.050 26 04/27/2009 SYS11316 11316 Cape Fear Bank 02/09/2009 99,000.00 99,000.00 99,000.00 3.050 181 3.050 314 02/09/2010 SYS11259 11259 Capitol City Bank & Trust 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 232 4.850 278 01/04/2010 SYS11247 11247 Centenial Bank 11/20/2007 99,000.00 99,000.00 99.000.00 5.000 5.000 49 05/20/2009 SYS11224 11224 Citizens Bank of Newburg 10/22/2007 99,000.00 99,000.00 99,000.00 5.100 5.100 204 10/22/2009 SYS11226 11226 Citizens Nati. Bank of Quitman 10/22/2007 99,000.00 99,000,00 99,000.00 5.050 237 5.050 205 10/23/2009 SYS11275 11275 Cole Taylor Bank 03/31/2008 99,000.00 99,000.00 99,000.00 3.820 238 3.873 365 04/01/2010 SYS11260 11260 Columbia Savings & Loan 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 250 4.850 278 01/04/2010 SYS11223 11223 Community First Bank & Trust 10/23/2007 99,000.00 99,000.00 99,000.00 5.100 220 5.100 22 04/23/2009 SYS11222 11222 Crestmark Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.100 201 5.100 183 10/01/2009 SYS11300 11300 Farmers Bank 09/10/2008 .99,000.00 99,000.00 99,000.00 4.400 205 4.400 162 09/10/2009 SYS11240 11240 Feliciana Bank & Trust 11/02/2007 99,000.00 99,000.00 99,000.00 5.050 222 5.050 215 11/02/2009 SYS11305 11305 Forreston State Bank 10/01/2008 99,000.00 99,000.00 99,000.00 4.150 200 4.150 183 10/01/2009 SYS11258 11258 Garden City State Bank 01/03/2008 99,000.00 99,000.00 99,000.00 4.750 193 4.750 278 01/04/2010 ' ! SYS11297 11297 Georgian Bank 07/10/2008 99,000.00 99,000.00 99,000.00 4.260 200 4.260 467 07/12/2010 SYS11200 11200 Home Federal Bank of Hollywood 07/24/2007 99,000.00 99,000.00 99,000.00 5.500 251 5.500 114 07/24/2009 SYS11309 11309 High Trust Bank 11/13/2008 99,000.00 99,000.00 99,000.00 4.250 4.250 593 11/15/2010 SYS11209 11209 Hillcrest Bank 08/16/2007 99,000.00 99,000.00 99,000.00 5.260 202 5.260 138 08/17/2009 SYS11208 11208 Inter Savings Bank 08/16/2007 99,000.00 99,000.00 99,000.00 5.500 260 5.500 138 08/17/2009 SYS11296 11296 Jacksonville Bank 07/10/2008 99,000.00 99,000.00 99,000.00 4.470 208 4.470 467 07/12/2010 SYS11291 11291 The Leaders Bank 06/18/2008 99,000.00 101,457.18 99.000.00 4.050 189 4.106 443 06/18/2010 SYS11288 11288 Live Oak Banking Company 06/11/2008 99,000.00 99,000.00 99,000.00 4.070 4.070 436 06/11/2010 SYS11236 11236 Monterrey County Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.150 281 5.150 183 10/01/2009 SYS11220 11220 New City Bank 09/26/2007 99,000.00 99,000.00 99,000.00 5.150 249 5.150 180 09/28/2009 SYS11237 11237 North American Banking Co. 10/01/2007 99,000.00 99,000.00 99,000.00 5.250 5.250 183 10/01/2009 SYS11202 11202 Omni National Bank 07/23/2007 99,000.00 99,000.00 99,000.00 5.500 210 5.500 113 07/23/2009 SYS11301 11301 Orion Bank 09/16/2008 99,000.00 99,000.00 99,000.00 4.500 256 4.500 533 09/16/2010 SYS11263 11263 Pacific Westem Bank 01/22/2008 99,000.00 99.000.00 99,000.00 2.500 3.630 296 01/22/2010 SYS11241 11241 Pinnacle Bank 11/20/2007 99,000.00 99,000.00 99,000.00 5.000 158 5.000 233 11/20/2009 SYS11313 11313 R-G Premier Bank of Puerto Ric 11/07/2008 97,000.00 100,029.31 97,000.00 4,500 4.500 587 11/09/2010 Run Date: 04/21/2009 - 10:04 Portfolio CNC CC PM (PRF_PM2) SymRep! 6.41.202b c � c CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2009 Page 3 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11299 11299 STATE BANK OF INDIA (CALIF) 07/18/2008 99,000.00 99,000.00 99,000.00 4.250 257 4.250 474 07/19/2010 SYS11289 11289 Select Bank 06/16/2008 99,000.00 101,394.81 99.000.00 4.000 207 4 000 441 06/16/2010 SYS11264 11264 Southern Bank 02/05/2008 99,000.00 99,000.00 99,000.00 3.700 179 3.700 310 02/05/2010 SYS11303 11303 Sun West Bank 09/19/2008 99,000.00 99,000.00 99,000.00 4.280 156 4.280 174 09/22/2009 SYS11246 11246 Synovus Bank of Jacksonville 11/14/2007 99,000.00 99,000.00 99,000.00 5.050 144 5.050 229 11/16/2009 SYS11225 11225 First Tuskegee Bank 10/17/2007 99,000.00 99,000.00 99,000.00 5.200 143 5.200 16 04/17/2009 SYS11298 11298 Union National Bank of Elgin 07/19/2008 99,000.00 99,000.00 99,000.00 4.480 163 4.480 474 07/19/2010 SYS11292 11292 Westernbank Puerto Rico 06/18/2008 97,000.00 99,345.46 97,000.00 4.000 187 4.000 443 06/18/2010 Subtotal and Average 4,351,981.21 4,351,981.21 4,362,207.97 4,351,981.21 4.643 277 LAIF 98-37-576 11058 Local Agency Investment Fund Subtotal and Average 27,686,609.41 27,031.770.70 27,031,770.70 27,081,226.19 27,031,770.70 1.822 27,081,226.19 27,031,770.70 1.822 1 1.822 1 Medlum Term Notes 36966RV94 11269 GEN ELEC CAP CRP 02/14/2008 500,000.00 473,935.00 500.000 00 4.000 AA+ 4.000 1,050 02/15/2012 Subtotal and Average 500,000.00 600,000.00 473,936.00 500,000.00 4.000 1,050 Federal Agency Securities 31331GCP2 11306 Federal Farm Credit Bank 09/30/2008 3133XKUL7 11211 Federal Home Loan Bank 08/02/2007 3133XQLG5 11276 Federal Home Loan Bank 04/09/2008 3133XQPJ5 11278 Federal Home Loan Bank 04/24/2008 3133XQTE2 11280 Federal Home Loan Bank 05/06/2008 3133XRBM1 11282 Federal Home Loan Bank 05/28/2008 3133XRBRO 11283 Federal Home Loan Bank 06/04/2008 3133XREN6 11285 Federal Home Loan Bank 06/10/2008 3133XRG95 11290 Federal Home Loan Bank 06/17/2008 3133XRGM6 11293 Federal Home Loan Bank 06/19/2008 3133XSNC8 11312 Federal Home Loan Bank 12/16/2008 3133XSSM1 11314 Federal Home Loan Bank 01/13/2009 3133XSWU8 11317 Federal Home Loan Bank 02/18/2009 3133XSZ43 11318 Federal Home Loan Bank 02/18/2009 3133XSY28 11319 Federal Home Loan Bank 02/18/2009 3133XSX52 11320 Federal Home Loan Bank 02/19/2009 3133XTALO 11322 Federal Home Loan Bank 03/11/2009 3128X7LK8 11279 Federal Home Loan Mrtgage Corp 05/01/2008 Run Dale: C4/21/2009 - 1004 250,000.00 251,957.50 250,000.00 4.750 AAA 4.750 1,643 09/30/2013 200,000.00 203,149.50 201,087.50 5.250 AAA 5.337 1.154 05/29/2012 200,000.00 200,088.00 200.000.00 4.000 AAA 4.000 1,469 04/09/2013 100,000.00 100,188.00 100.000.00 4.000 AAA 4.000 1,484 04/24/2013 300,000.00 300,934.67 300,466.67 4.000 AAA 4.000 1,482 04/22/2013 175,000.00 180,521.25 175,000.00 4.125 AAA 4.125 1,518 05/28/2013 200,000.00 201,126.00 200,000.00 4.250 AAA 4.250 1,525 06/04/2013 250,000.00 251,005.00 250,000.00 4.320 AAA 4.320 1,531 06/10/2013 200,000.00 204,792.00 200,000.00 4.250 AAA 4.250 1,538 06/17/2013 200,000.00 201,002.00 200,000.00 4.550 AAA 4.550 1,540 06/19/2013 300,000.00 306,702.00 300,000.00 4.250 AAA 4.250 1,720 12/16/2013 250,000.00 250,150.00 250,000.00 3.150 AAA 3.150 1,748 01/13/2014 300,000.00 300,078.00 300,000.00 3.000 AAA 3.000 1,784 02/18/2014 250,000.00 251,485.00 250,000.00 3.000 AAA 3,000 1.784 02/18/2014 300,000.00 298,500.00 300,000.00 3.125 AAA 3.125 1,784 02/18/2014 300,000.00 301,248.00 300.000.00 3.000 AAA 3.000 1,785 02/19/2014 200,000.00 201,112.00 200,000.00 3.400 AAA 3.400 1.805 03/11/2014 250,000.00 250,630.00 250,000.00 4.050 AAA 4.050 1,491 05/01/2013 Portfolio CNC CC PM (PPF PM2) SymRept 6.41.202b CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2009 Page 4 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3128X7RG1 11281 Federal Home Loan Mrtgage Corp 05/28/2008 200,000.00 200,638.00 200,000.00 4.150 AAA 4.150 1,518 05/28/2013 3128X7YA6 11294 Federal Home Loan Mrtgage Corp 06/25/2008 250,000.00 257,830.00 250,000.00 4.020 AAA 4.020 1.181 06/25/2012 3136F8VL6 11249 Federal Natl. Mortgage Assoc. 11/07/2007 300,000.00 301,218.00 300,000.00 5.000 AAA 5.000 1.316 11/07/2012 3136F9SE4 11284 Federal Nati. Mortgage Assoc. 06/10/2008 250,000.00 251,407.50 250,000.00 4.000 AAA 4.000 1.531 06/10/2013 3136F93L5 11315 Federal Nati. Mortgage Assoc. 01/21/2009 250,000.00 251,407.50 250,000.00 3.000 AAA 3.000 1.756 01/21/2014 31398AJY9 C 11242 Fannie Mae 11/21/2007 250,000.00 250,942.50 250,000.00 5.020 AAA 5.020 1.330 11/21/2012 3136F82A2 11266 Fannie Mae 02/12/2008 250,000.00 266,407.50 250,000.00 4.000 AAA 4.000 1.413 02/12/2013 3136F82A2 C 11267 Fannie Mae 02/12/2008 500,000.00 532,870.00 500,000.00 4.000 AAA 4.000 1,413 02/12/2013 3136F82N4 11270 Fannie Mae 02/20/2008 250,000.00 250,000.00 250,000.00 4.150 AAA 4.150 1.421 02/20/2013 3136F82N4 C 11271 Fannie Mae 02/20/2008 500,000.00 500,175.00 500,000.00 4.150 AAA 4.150 1,421 02/20/2013 3136F9CB7 11274 Fannie Mae 03/11/2008 250,000.00 266,485.00 250,000.00 4.000 AAA 4.000 1,440 03/11/2013 Subtotal and Average 7,444,296.11 7,475,000.00 7,584,049.92 7,476,554.17 3.982 1,534 CalTrust 201-000017-10 11059 CalTrust Subtotal and Average 2,290,178.48 2,288,011.30 2,288,011.30 2,288,011.30 2,288,011.30 1.070 2,288,011.30 2,288,011.30 1.070 1 1.070 1 CDARS SYS11304 SYS11327 11304 Neighborhood National Bank 11327 Neighborhood National Bank Subtotal and Average 4,290,322.58 07/24/2008 03/12/2009 1,000,000,00 2,000,000.00 3,000,000.00 1, 000, 000.00 2,000,000.00 1,000,000.00 3.150 2,000,000.00 2.750 3,000,000.00 3,000,000.00 3.150 113 07/23/2009 2.750 708 03/10/2011 2.883 510 Total and Average 46,563,387.79 Run Date- 04/21/2009 - 10:04 44,646,763.21 44,789,430.38 44,648,317.38 2.516 331 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b l l � CUSIP City of National City Portfolio Management Portfolio Details - Cash March 31, 2009 Average Purchaae Stated YTM/C Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 Total Cash and Investmentss Run Date04/21/2009 • 10.04 46,563,387.79 44,646,763.21 44,789,430.38 44,648,317.38 0 Page 5 2.516 331 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b City of National City, California COUNCIL AGENDA STATEMENT 1 4EETING DATE May 5, 2009 Noi AGENDA ITEM NO. 16 (EM TITLE Public Hearing and Negative Declaration for a Proposed 7 Lot Residential Tentative Subdivision Map, Including ITRequests for Exceptions, For Lot Size, Lot Width, and Street Frontage, a Variance Request for Three Story Units, Setbacks, and a Request to Waive Undergrounding of Utilities Fronting on Prospect Street on 0.71-Acre Site at 2121 Grove Street (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS, Z) Peggy Chapin 36-4319 Planning Division PREPARED BY DEPARTMENT EXPLANATION The project site contains an existing residence located on the east side of Grove Street, north of 22nd Street with frontage on both Grove Street and Prospect Street. The parcel is zoned Single -Family Extendible (RS-3-PD) The project was originally proposed as a nine (9) lot residential subdivision including a density bonus with one unit reserved for a low income household. The Planning Commission conducted several public hearings and recommended denial on December 1, 2008. The request was scheduled Council consideration on December 8, 2008. At that time, the applicant requested a continuance and again on February 3, 2009 in order to redesign the project. A project redesign was submitted on March 16, 2009 consisting of seven (7) parcels with requests for exceptions to lot size, lot width, and lot frontage, variance for setbacks and story height, and underground waiver request. Due to the extensive revisions, it was necessary to revise the environmental evaluation, renotice the project, and conduct a public hearing before the Planning Commission. The Commission considered the seven lot subdivision request and recommended denial on April 6, 2009. The attached background report describes the project request in more detail. Environmental Review Financial Statement N/A N/A Proposed Negative Declaration (2007-59 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION -7 Staff recommends approval of the Tentative Subdivision Map, Negative Declaration, and Underground Request Waiver. BOARD / COMMISSION RECOMMENDATION Planning Commission recommended denial of the Tentative Subdivision Map and Underground Waiver Request Vote: Ayes- Alvarado, Farias, Flores Reynolds Nayes: Pruitt, ' Absent: Baca, DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 7 2. Planning Commission Reso. No. 5-2009 Including Findings of Denial 3. Location Map 4. Recommended Findings and Conditions of Approval 5. Proposed Negative Declaration 6. Delta Consultants, Inc. Letter and Undergrounding Cost Estimate Project 7. Plans March 16, 2009 A-200 (9/99) BACKGROUND REPORT Site Characteristics \.. The 0.7 acre site, located at 2121 Grove Street. is zoned Single -Family Extendible (RS-3-PD). The site is situated on the east side of Grove Street, north of 22nd Street with frontage on Grove and Prospect Streets (see attached Location Map). The surrounding neighborhood consists of a mix of single-family residences and small apartment buildings. Adjacent land uses consists of two single -story residences to the south and a two-story residence and two-story apartment building to the north. An existing remodeled two-story, single-family residence, detached garage, and tool shed arc located on the parcel. 'The remainder of the lot is unimproved with limited landscaping and a retaining wall fronting Grove Street. The existing residence is situated at an elevation of 163 feet, roughly the highest point on the site. The property slopes towards the east to Grove Street and to the west towards Prospect Street. Access is provided from a driveway along Grove Street and a pedestrian access on Prospect Street. Land Use Designation and Permitted Density The General Plan / Zoning designation is Residential Single Family 3 — Planned Development (RS-3-PD) The minimum lot size is 5,000 square feet and based on the 30,926 square loot parcel, the allowable density is six units (30,926/5,000 s.f. minimum lot size — 6.18 or 6 lots). Project History The applicant originally submitted a request for a nine lot residential tentative subdivision map with the intent to relocate the existing residence on site and construct eight (8) new residences on individual parcels. '[he request included an increase in allowable density with the provision to provide one affordable housing unit for a low-income household. The Planning Commission conducted several public hearings to consider the application and on December 3, 2008 recommended denial of the request. At the request of the applicant, the City Council continued the project on December 18, 2008 and again on February 3, 2009 to allow the applicant to prepare a revised tentative subdivision map. Since December, the applicant submitted a revised tentative subdivision map reducing the number of Tots from 9 to 7 and eliminated both the density bonus request and the reservation of one lows income household unit. this revised application includes a variance request to allow for an increase in the number of stories permitted and reduced setbacks for lots 1-4; exceptions from the subdivision ordinance to allow for reduced parcel size, lot width and lot frontage; and a request to waive undergrounding for utilities that would not serve the project. The revised plans were considered substantial enough to warrant reevaluation of the environmental analysis. The project was renoticed and a public hearing conducted before the Commission on April 6, 2009. The Commission considered the request and recommended denial in a 4-1-2 vote. Proposed Request Grove Street 1-tomes (lots 1 -- 4J Four of the lots are proposed to front on Grove Street. Three of these units would have a 0 set hack on one side and a Live foot side yard on the other side. The fourth lot would have five foot side yard setbacks, consistent with the I.and Use Code. All four of the parcels would have a ten foot front yard setback and 35- foot rear yard setbacks. The proposed parcels are roughly 30 to 35-feet by 93-feet resulting in 2,790 - 3,255- square foot parcels. The standard parcel size is 50-feet by 100-feet resulting in 5,000 square loot minimum lot sizes. In addition, each residence would have a private stairway along the side yard to access the rear yard which is 10-feet above the front yard. The garage of each unit would be constructed into the hillside with the living areas extending two stories above the garage. Prospect Street I lomes_(lots 5 - 7) The remaining three lots are proposed to share access along a shared private roadway from Prospect Street. These homes would all face the interior driveway and each home would have a private, fenced yard of varying sizes. The existing 1,896 square foot home would he relocated to i,ot 5, directly behind lots 3 and 4. The home would be improved with a detached with a second story media room or guest unit, four bedrooms and 2-2/2 bathrooms. The exterior would reflect a similar design style of the other units with a hip red -tile roof and similar architectural detailing as the other homes on site. The other two homes are proposed as 3-story structures a maximum height of 32-feet, with two -car garages and floor plans including 4 to 5 bedrooms. The following table reflects the details of the request: Lot I Lots 2-4 Lot 5 Lot Size 2,790 s.f. 2,790 s.f. 6,380 s.t. Lot 6 5,230 s.f. Lot 7 7,560 gross s.f. 5,160 net s. f. Unit Size 2,105 s.f. 540 s.f. garage 2,645 s.f. 540 s.f. garage 1,719 s.f. 400 s.f. inedia/guest unit 400 s.f. garage 2,297 s.f. 400 s.f. garage 2,297 s.f. 400 s.f. garage Setbacks Proposed 10' front yd 5' side yd. 35' rear yd 10' front yd. 5 & 0' side yd. 35' rear yd. 5' & 19' side yards 27' rear yd 20' & 5' side yards 28' rear yd 50' front yd. 5' side yards 35' rear yd Stories/Height Permitted 2-story with basement/ 23ft. 2-story with basement/ 23ft. 2-story / 32 ft. Parking 2 car garage Open Space (square ft) 1,225 s.f. rear yard 100 s.f. balcony 2 car garage 3-story / 32 ft 2 car garage 2 car garage 1 surface 2-story / 32 ft 2 car garage 1 surface 1,050 s.f. rear yard 100 s.f. balcony 3,099 s.f. Rear and side yard, 100 s.f. balcony 2,536 s.f. two side yards 3,500 s.f. rear yard Architectural Design The Spanish/Mediterranean style homes would not have a functional front yard but rather the homes have been shifted forward on the Tots by 10 feet, providing each of the homes with a larger private, fenced rear yard, approximately 900 square feet in size. While various exterior color schemes are proposed, the primary constniction materials include a cement plaster finish, stone and wood accents, and clay roof tiles, with decorative wrought iron, awning, and shutter accents. Exceptions, Variance and Underground Waiver Request: Requested Variance for.l l ht (3 story) and Front and Side Yard Setback (Section_ 1.$.1 l4) The variance requests include: "1'o allow three3-story homes on Lots 6 and 7 in order to take advantage of the views to the west from the property. The Land Use Code allows homes in single-family zones to be built as 1 or 2-story buildings, up to a height of 35 feet. While the home on these Tots will he less than 35', the request for a third story is not permitted under current zoning regulations. The three story units would have no 2 impacts to views of surrounding properties since the subject project is at a higher elevation than the neighboring properties. The two units would have limited over viewing to properties to the north as landscaping would be provided along the property lines and the living portion of the residence would he on located on the first floor. 2. To allow 0 side yard setbacks for lots 2, 3 and 4. As a result of the proposed subdivision design and narrow lots, a variance is requested from the standard 5 foot side yard setback to 0 feet and for reduced front yard setbacks for lots I 4 from 20-feet to 10-feet. The reduced side yard setbacks allow for adequate access along one side and a condition is included required a maintenance access easement to maintain the buildings with the wall bordering the adjacent lot. 3. To allow for ten (10) foot front yard setbacksfor lots I • • 4 when a twenty (201 foot setback is r guired. The reduced front yard setback would limit the amount of driveway parking however; each unit is provided with a two -car garage, there is adequate street frontage, the property line is 10 feet behind the curb, and there are no residences across Grove Street as it borders the freeway on the west side. Requested Exceptions per Subdivision Code {Section 17.07.060) The applicant has requested exceptions to lot size, frontage on a public street and lot width in accordance with Section 17.07.060. 1. L0_t Frontage: The band Use Code 18.14.21(1 requires all parcels provide frontage on a public street. The applicant proposes to have two of the six parcels front on a private street. Exception requests for lot frontage are frequently requested to allow for the development of deep lots, such as flag -lots, or when proposed Tots front on private streets. These exceptions are consistent with the lots proposed off of Prospect Street (Lots 5 and 6). 2. Lot Width: Similar to lot frontage, the band Use Code requires a minimum lot width of 50 feet. Four of the six parcels would provide less than the minimum lot width of 50 feet. Parcel I would he 35-feet wide and lots 2-4 would have lot widths of 30-feet each. 3. I.ot_.Size: The 30,875 square foot parcel can be subdivided into six parcels of approximately 5.000 square feet each. The applicant requests to have parcels ranging in size from 2,290 to 7,300 square foot parcels in order to develop four parcels into the slope, thereby reducing grading and to take advantage of view corridor across Interstate 15. While the density of the proposed project (9.85 du/ac) is slightly higher than allowed under our General Plan for the RS-3-PI) zone (8.7 du/ac), the proposed development does comply with several other important General Plan policies, as previously mentioned. In addition, the surrounding area, although currently zoned for single family residential, includes a mix of single-family and small apartment buildings. 'There are two single -story homes immediately adjacent to the south, a two-story home and a two-story apartment building adjacent to the north of the site with access from Prospect Street. Additional multi -family residential units are located south across 22°d Street and immediately across Prospect Street as well. The proposed project would result in seven single family homes with lot sizes ranging from 2,790 to 7,318 square feet. In the past, the City has approved single-family subdivisions and parcel maps of lot sizes Tess than the minimum 5,000 square feet. This has occurred in ten parcel maps/subdivision maps over the past six years with lot sizes ranging less than 2,000 square feet. "Typically, there are other parcels within the subdivision that are greater than 5,000 square feet and due to limitations of the site such as existing structures, access, or grading the Commission and/or Council has approved the lot size variations. The proposed project is limited by a steep slope fronting Grove Street and reduced frontage along Prospect 3 Street. The applicant has designed the units fronting Grove Street situated within the slope to reduce grading and allow fir a larger rear yard. The other three units would take access from a private road along Prospect Street Requested l lndcrground Wavier fqr a Portion of the Project Site Pursuant to Municipal Code Section 13.08.020 with the approval of all subdivisions, "all existing or proposed electrical, telephone or similar distribution utility facilities shall be placed underground". The applicant proposes to underground the utilities serving the project from a pole on the west side of Grove Street to the property and to underground utilities within the project site. However, there is an existing pole fronting the project on Prospect Street which the applicant proposes to retain and is requesting City waive the requirement to underground all utilities on and abutting the property pursuant. The utility pole on Prospect Street serves homes to the north, south, and east.. The applicant's consultant identified three ways to underground the pole; however in each case another pole would have to he installed on the east side of Prospect Street and estimated cost of $60,000 would be prohibitive. A copy of the estimate prepared by Delta Consultants, Inc. is attached. Section 13.08.050 provides for exceptions to the requirement to underground utilities provided that exceptional circumstances exist or it would he impractical to underground service to any portion of the proposed development. As stated above, the utility pole fronting the project site on Prospect Street would not serve this project and would result in installation of a pole on the east side of Prospect Street. However, should the utility plans reveal the need to provide service from Prospect Street, undergrounding of the utilities to the site would be required. Community Concerns At each of the public hearings conducted at the Planning Commission, several members of the community voiced concerns. At the recent hearing on April 6, 2009, community concerns raised included the excessive number of exceptions and variances requested, the increase in allowable density, and the impact on community characteristics. Environmental Review This project is subject to the California Environmental Quality Act (CE ,QA) to consider potential impacts to environmental resources. Based on an analysis of potential project impacts, a proposed Negative Declaration was prepared. A 20-day public review period ended on April 6, 2008 and no comments were received during this review period. SU MMARY The project has been modified considerably to address community concerns since the original submittal. In addition to the reduced number of units, architectural details of each unit have been enhanced to provide balconies, wall plane and roof line variation, and window treatments. The variance requests for reduced side yards for parcels 1 through 4 and increased stories for lots 6 and 7 will create opportunities for views to San Diego hay, allow for increased rear yards, and reduce the amount of grading. Overall, the project utilizes an underutilized parcel and provides quality development and opportunities for home ownership as encouraged by the C'ity's General Plan. The proposed 7-lot subdivision is consistent with General Plan I lousing Element goals encouraging creation of housing opportunities for all income levels (Policy 3.2), the facilitation of urban infill development to promote higher rates of homeownership (Policy 4.8), and the production of new housing affordable to all income ranges (Policy 4.3). 4 RESOLUTION NO. 5-2009 A RFSOLt!TION O1' FIIF PLANNING COMMISSION OF "F1IF CITY OF NA'I'IONAI. CITY, CALIFORNIA, RECOMMENDING DENIAL OF A PROPOSE.I) PROJECT FOR A SEVEN LOT RI:SIDENTIAI, TENTATIVE SUBDIVISION MAP INCLUDING REQUESTS FOR EXCEPTIONS FOR LOT SIZE, LOT WIDTII. ANI) STREET FRONTAGE, VARIANCE REQUESTS FOR THREE STORY UNI"1'S, SETBACKS AND RECOMMENDING DENIAL. OF A REQUEST TO WAIVE l INDERGROUNDING OF 1.11'ILFI'IES FRONTING PROSPECT STRFLT ON A 0.71-ACRE SITE AT 2121 GROVE STREET. APPLICANT: ARNOLD SCI[MIDT. CASE FILL', NO: 2007-59 S, IS, Z APN: 561-380-24 WI IEREAS, application was made for approval of a Tentative Subdivision Map Request for seven parcels with exceptions for density. setbacks, lot size and frontage, a variance request for three-story units and reduced front and side yard setbacks. and a request to waive undergrounding of utilities fronting Prospect Street on an approximately 0.7 acre site at 2121 Grove Street on property generally described as: Lot 15, 16, 17, 178 and 19 in Block 1 of Westvicw First Subdivision, in the city of National City, County of San Diego, State of California, according to Map thereof No. 1784, tiled in the Office of the county Recorder of San Diego County, March 6, 1924 Also Lots 30 to 34 inclusive in Block 1 of westview First Subdivision, in the City of National City, ('ounty of San Diego, State of California, according to Map thereof No. 1784, tiled in the Office of the County Recorder of San Diego Count•. March 6, 1924, excepting therefrom the easterly 100 feet of Lots 30 and 31 au.) the southerly 12 feet of the easterly 100 feet of Lot 32 in said Block 1. WHEREAS, the Planning ('oi»missiun of the City of National (.'ity. (' considered said applications at a duly advertised public hearing held on April 6, 2009. time the Planning Commission considered oral and documentary evidence; and, WHF�.RI:AS, at said public hearing the Planning Commission considered the • rt provided for Case File No. 2007-59 S, lS, I which is maintained by the City and in i�cl herein by reference; along with evidence and testimony at said hearing; and, WIII;REAS, this action is taken pursuant to all applicable procedures required ite law and ('ity law; and, 5 WHEREAS, evaluation of the project in accordance with the California Environmental Quality Act is not applicable at this time since the proposed project is not recommended for approval, and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THFRI?EY_)RF, 13E IT RESOLVES) by the (:'ity 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 6, 2009, support the following findings: RECOMMENDED FINDINGS FOR DENIAL O "1'I IE SEVEN PARCEL TENTATIVE SUI3DIVISION MAP, EXCEPTION REQUESTS, VARIANCE REQUEST, AND THE REQUEST TO WAIVE LJNUFRGROIJNDING OF t T'IL "I IES FRONTING PROSi'KJI' STREET 1. The proposed subdivision map would have a significant effect on the surrounding neighborhood since the proposed seven parcels would result in a development at a density of 9.85 dwelling units per acre which is greater than the permitted density of 8.7 dwelling units per acre and four lots with significantly smaller than the 5,000 square toot minimum lot size within the Residential Single-Family-3 (RS-3 zone) which would have the potential to diminish the character of the neighborhood of predominantly single-family residences on minimum 5,000 square foot parcels. 2. The proposed exceptions for reduced lot size, reduced street frontage, and reduced lot width are excessive in allowance of exceptions and would result in an increase in allowable density for the RS-3 zone and the lot sizes would be inconsistent with surrounding development that reflect parcel sizes typical of the RS-3 zone and the proposed development includes three lots with 2,790 square feet each and one lot of 3,255 square feet and would not comply with the intent of the Subdivision Ordinance. 3. The property is not so unduly constrained by topography and/or configuration that would deprive the property owner's ability to develop the property in a similar, less divergent manner from surrounding properties by adhering to the Land Use ('ode and that the proposed development might affect the stability of the neighborhood and quality of life, since it would introduce three story structures into a residential area where three story units are not permitted and diminish privacy to adjacent residences; establish units with minimal separation that would appear as multi -family units ink) a primary single -tinnily residential community; and create minimal area for front yard landscaping for units fronting on Grove Street 4. The waiver to underground existing utilities fronting on Prospect Street would be detrimental to the public health, safety, or weltiire since the General Plan supports undergrounding of utilities with new development in order to increase aesthetics of surrounding areas and thereby, waiving 6 the requirement to underground all utilities on or fronting the property would be inconsistent with General Plan goals. 131', IT FURTHER RESOLVED that the Planning Commission has considered the proposed Tentative Subdivision Map, exceptions, variances and waiver of undergrounding (2007-59, S, 1S, V) requested by the applicant, together with any comments received during the public review process, and finds on the basis of the whole record finds that the project will have a significant adverse effect on the preservation of the public health, safety and general welfare recommends denial of the proposed development. BE IT FER'I'I IER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 20, 2009 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Farias, Alvarado, Reynolds, Flores Pruitt DeLaPaz, Baca 7 100 0 100 200 Feet PROJECT AREA NA LOCATION MAP 2007-59 S, IS, Z Tentative Subdivision Map and Finding of No Significant Environmental Effect for a subdivision with nine (9) lots at 2121 Grove Street NATIONAL CITY PLANNING DRN. DATE: • 5/27/08 PC HEARING: 4/6/09 CASE NO. 2007-59 S, IS, Z 2121 GROVE STREET RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map will not have a significant effect on the environment since the site is currently developed and is located within a fully urbanized area. 2. The proposed map is consistent with the National City General Plan and Housing Element, since the General Plan/Zone designation for the site, Single -Family Extendible - Planned Development, RS-3-PD, provides for the creation of single-family homes and the project is consistent with General flan Housing Element goals, including the creation of housing opportunities, promote higher rate of homeownership (Policy X, pp. 26), and the production of moderate and middle income ranges to allow mobility in housing supply (Policy S, pp 25)). 3. The site is physically suitable for the proposed type of development, since the project would include seven single-family homes with adequate parking and open space, in an urbanized, developed area, and since there are no unusual geologic hazards on -site. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban. 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 any easements located on the site will be relocated by condition of approval. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 9 RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR LOT SIZE, FRONTAGE AND WIDTH 1. The property to be divided is of such size or shape, that it is impossible or impracticable in this particular case to conform fully to the subdivision requirements, since the 0.71 acres parcel would be impracticable to divide due to lot slope and frontage on Prospect Street and also be consistent with the subdivision ordinance and the development pattern of the surrounding residential lots. 2. The exceptions will not be detrimental to the public health, safety, or welfare, or be detrimental to thc use of other properties in the vicinity, since the proposed subdivision provides for access, parking, utilities, and other required amenities for the seven proposed residential parcels within the site, as required by the Land Use Code. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan and Housing Element encourage the creation of home ownership opportunities which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED VARIANCES FOR FRONT YARD SETBACK FOR LOTS 1— 4, SIDE YARD SETBACKS FOR LOTS 2 — 4, AND THREE STORY UNITS FOR LOTS 6 & 7 I. The proposed variance fir reduced front yard setbacks for Tots 1 — 4 is requested due to thc steep slope along Grove Street and strict adherence to the front yard setback would result in increased grading, wall heights, and reduced rear usable rear yards which would deprive the property owner to develop the property in a similar manner of surrounding properties and since adequate parking would be provided within the two -car garage for each unit and parking is available across the street, the requested variance would not have an adverse impact on surrounding properties. 2. The proposed variance for reduced side yard setbacks for lots 2 — 4 is requested to provide for development of single-family units consistent with the zoning and allows for maintaining standard five foot side yard setbacks on one side to enable adequate access to rear yards and the proposed development would be detached single-family units as encouraged by the General Plan. 3. The proposed variance for three story units on lots 6 and 7 is requested to allow for adequate open space on each of the parcels restricted due to the required shared private roadway to provide access thereby reducing open space opportunities and since the three story units would not have a substantial adverse impact on surrounding properties as overviewing would be minimized since landscaping would be installed along the northern property line. 4. The proposed variances would not have a specific adverse impact upon public health and safety or the physical environment since the proposed subdivision provides for access, parking, utilities, and other required amenities for the seven proposed homes within the site. 10 RECOMMENDED FINDINGS FOR RECOMMENDING APPROVAL OF THE REQUEST TO WAIVE UNDERGROUNDING OF UTILITIES FRONTING PROSPECT STREET 1. The waiver to underground existing utilities fronting on Prospect Street would not be detrimental to the public health, safety, or welfare or be detrimental to the use of other properties in the vicinity as the area is already developed, existing utility poles are prevalent in the surrounding area, the utilities serving the development will be located underground from Grove Street, and the removal of the pole on Prospect may result in installation of additional poles in the area, thereby waiving the undergrounding along the property boundaries of Prospect Street would not result in a substantial improvement.of utilities in the area. 2. The waiver to underground existing utilities would not result in decreased property valuation as there is not a comprehensive plan to underground utilities within the general area and the undcrgrounding to be completed on the project site during the development would serve to improve the property values in the area. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-59 IS) has been prepared to address all potential environmental impacts and considered together with any and all comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. 11 CASE NO. 2007-59 S, IS, Z 2121 GROVE STREET RECOMMENDED CONDITIONS OF APPROVAL General 1. This Tentative Subdivision Map authorizes the subdivision of one parcel into seven (7) lots for the development of 6 new single-family units and one existing unit relocated on parcel five. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits dated March 16, 2009 or as approved pursuant to the action of the City Council, Case File no. 2007-59 S, IS, Z. 2. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code *17.04.070. Planning Division 3. Within four (4) days of final 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 Division. 4. Before this Subdivision shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, 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. 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 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. 5. A detailed landscape and underground irrigation plan, including plant species, sizes, methods of planting, street trees, etc. shall be submitted for review and approval by the Planning Director prior to the issuance of grading permits for the site. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for all hardscape on -site, a 5 foot wood fence between each residence and along the northern and southern boundaries of the project site, and dense landscaping along the northern property line of lots 6 and 7 to screen potential ovcrviewing of the three story units. 6. To reduce the potential effects of elevated levels of ambient noise from the adjacent I-805 freeway, the applicant shall provide a noise study prepared by a licensed acoustic engineer to indicate appropriate building methods and features required to reduce interior noise levels to below a 45dBA level, as required by Section 1207.11 of the 2007 CBC, as adopted by the City of National City. This study shall he submitted with the building plans and approved prior to the issuance of any building permits for the site. 12 7. If the entire site cannot be served by the utilities fronting on Grove Street and service would be provided to any or all of the units from Prospect Street, the utility service shall be installed underground. Building Division 8. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 9. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Fire Department 10. The project shall be designed, developed and constructed in compliance with the California Fire Code (CFC) edition in effect at time of building permit issuance, the most current National Fire Protection Association (NFPA) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. 11. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 12. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: I) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. 13. 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. Engineering Department 14. The creation of a 20-foot wide easement for both utilities and ingress/egress for the benefit of lots 5, 6, and 7 from Prospect Street will be required. The easement shall be created on the final map. A maintenance agreement for the road and utility easement between Lots 5 - 7 shall be prepared and approved by the City Attorney and recorded with the Final Map. 15. Easements for drainage, utilities, and building maintenance access to lots 2, 3, and 4 with zero side yard setbacks for the benefit of each parcel shall be provided on the final map. A maintenance agreement for drainage, sewer, water facilities and building maintenance for lots I through 4 shall be prepared and approved by the City Attorney and recorded with the Final Map. 16. Easements for drainage, sewer and water, if determined necessary by the City Engineer, from and across lots 1 — 4 for the benefit of lots 5 — 7 shall be provided on the final map. A 13 maintenance agreement for drainage, sewer, and water facilities be prepared and approved by the City Attorney and recorded with the Final Map. 17. The existing 12-foot wide Sweetwater Authority easement across the center of the property shall be vacated by the owner, at their expense. Proof of the quitclaim or a letter from SWA stating removal of the easement is not necessary must be submitted to the Engineering Department prior to issuance of any grading or building permits. 18. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off All I-Iydrology study findings and recommendations are part of Engineering Department's requirements. 19. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) 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) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 20. 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. 21. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 22. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall 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. 23. A sewer permit will he required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 14 24. A soils engineering report shall he 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. 25. 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. 26. Street improvements shall be completed in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 27. A title report and rant deed shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing casements and the ownership at the property. 28. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall he submitted with the plans. A performance bond equal to the approved cost estimate shall he 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. 29. The final subdivision map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 30. The 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. 31. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground, unless the City Council approves a request to waive the undergrounding request for utilities fronting on Prospect Street that do not serve the project. All services to the project site shall be placed underground.. 32. The final map shall be recorded prior to issuance of any building permits. 33. All new property line survey monuments shall he set on private property, unless otherwise approved. 15 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Title: Grove Street Homes, a proposed seven (7) lot single-family residential Tentative Subdivision Map and Variance located at 2121 Grove Street, National City, Case No. 2007-59 S, IS, Z Applicant: Arnold Schmidt 3175 Cauby Street, #90 San Diego, CA 92110 Address of Project: A 0.71-acre site located between Grove Street and Prospect Street, just north of 22nd Street, within the City of National City (APN 561-380-24). Project Description: The application consists of a Tentative Subdivision Map to subdivide a 0.71 acre parcel into seven Tots, exception requests for density, setbacks, and lot size and a Variance request to allow three stories for three units within a single-family zone where two -stories are permitted and a reduced front yard setback from twenty (20) feet to ten (10) feet for three units. The Tentative Subdivision Map would create seven parcels that would allow construction of six (6) detached residences and relocation of one (1) single-family residence currently on the parcel. The project site is situated between Grove Street and Prospect Street to the north of E. 22nd Street. The site is zoned Residential Single-Family-3 Planned Development which allows for single-family development with minimum lot sizes of 5,000 square feet and a maximum of 8.7 dwelling units per acre. The applicant requests an exception to the allowable number of units permitted in the RS-3 zone of 8.7 dwelling units per acre. The proposed density is 9.8 dwelling units per acre with an average parcel size of 4,418 square foot parcels. The proposed subdivision would have lot sizes ranging from 2,790 to 7,569. The proposed subdivision would consist of four (4) parcels fronting on Grove Street and three (3) parcels taking access from a private street from Prospect Street. The existing residence is situated roughly the center of the lot at the highest elevation of 163 feet. The site slopes down away from the house, with steep slopes and a retaining wall to the west along Grove Street, and lesser slope down to Prospect Street to the east. In addition to the request for an exception to the density, the applicant requests the following additional exceptions: 1. Reduced lot size and lot frontage for the four parcels (Lots 1 - 4) fronting on Grove Street 2. Reduced side yard setbacks for the three parcels (Lots 2 - 4) fronting on Grove Street from five (5) feet to zero (0) feet. 3. Frontage from a private street rather than a public street for Tots 5, 6, and 7. 16 Proposed Negative Declaration Case File No. 2007-59 S, IS, Z The applicant requests a Variance for the following: 4. Increased number of stories (from two stories to three) for two units proposed on lots 6 and 7. 5. Reduced front yard setback for the four parcels (Lots 1 — 4) fronting Grove Street from twenty (20) feet to ten (10) feet. The applicant also requests a waiver from the requirement to underground all utilities on site. The applicant proposes to retain the existing utility pole fronting Prospect Street as it serves residential development across Prospect Street and relocate the utilities underground at Grove Street which will serve the site. A Negative Declaration is a statement by the City that no additional environmental analysis is necessary for the project because it has been determined that the project has not potential to cause environmental impacts that would significantly effect the environment. Negative Declarations are based upon preparation of an `Initial Study" that evaluates the potential environmental impacts. The draft Negative Declaration, Initial Study, and supporting document may be reviewed at the Planning Division, City Hall, 1243 National City Boulevard, National City, CA 91950. The Negative Declaration and Initial Study may be viewed the City's web site www.nationalcityca.gov. The 20-day public review and comment period for the proposed Negative Declaration shall begin on March 16, 2009 and extend until April 6, 2009. Written comments are encouraged to be submitted to the Planning Division at the above address. The purpose of the review period is to allow the public to comment upon the expected environmental impact of the project, and the adequacy of the Initial Study, and Draft Negative Declaration. For further information, contact Peggy Chapin at 619.336-4319 or pchapin@nationalcityca.gov. Date: March 11, 2009 Peggy Chapin, Principal Planner 17 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Environmental Checklist CALIFORNIA -- ,A` ZONAL G TV • INCORPORATED CITY OF NATIONAL CITY Planning Division 1243 National City Boulevard National City, CA 91950 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: 6. ASSOCIATED APPLICATIONS: Grove Street Homes, a proposed 7 lot single-family Tentative Subdivision Map and Variance located at 2121 Grove Street. Case No. 2007-59 S, IS, Z City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Peggy Chapin, AICP, Principal Planner (619) 336-4319 A 0.71-acre parcel situated between Grove Street and Prospect Street, just north of E. 22nd Street, within the City of National City (APN 561-380-24) Arnold Schmidt 3175 Cauby Street, #90 San Diego, CA 92110 Luis Naranjo (619) 224-0386 Single-family Extendible Zone, Planned Development Overlay, RS-3-PD Tentative Subdivision Map, Case No. 2007-59 IS, S, Z 7. PROJECT DESCRIPTION: The request includes an application for a Tentative Subdivision Map to create seven (7) individual parcels, on the east side of Grove Street on a 31,000 square -foot parcel currently improved with one single-family residence. The existing residence is situated towards the center of the lot at an elevation of 163-feet. From the 163-foot elevation, the site slopes towards the northwest to an elevation of 152-feet and to the east along Prospect Street to a 155-foot elevation. The request also include a Variance to allow three story residences on two parcels, Tots 6 and 7, when only two story units would be permitted per the Land Use Code Section 18.14.340. 18 Initial Study - Page 2 of 19 The General Plan and Zoning designation, RS-3-PD, would permit a density of 8.7 dwelling units per acre. The applicant proposes seven (7) single family parcels with a density of 9.8 dwelling units per acre. Four (4) parcels would front on Grove Street, each 30-feet wide by 93-feet deep with parcel sizes .r,.anging from 2,813 to 3,255 square feet. The parcels would be developed with four (4) detached units, with a garage constructed within the slope as a basement and two stories of living space above the garage. Three (3) of the units would be constructed at property line on one side and a five (5) foot separation between the units. Each unit would have individual driveway access from Grove Street, an approximately 35' deep back yard and balconies. Three parcels, ranging in size from 5,221 to 7,569, would take access from Prospect Street. The existing single-family residence would be relocated to parcel 6 with major renovations including a detached garage with a recreation room above the garage. Units proposed on parcels 6 and 7 would be developed with three-story residences, not exceeding the maximum height of 35-feet and attached two -car garages. In addition to the exception request from the density standards, the applicant requests the following additional exceptions: 1. Reduced lot size and lot frontage for the four parcels, lots 1 — 4, fronting on Grove Street 2. Reduced side yard setbacks from five (5) feet to zero (0) feet on one side for the three parcels, Tots 2 — 4, fronting on Grove Street. 3. Frontage on a private street rather than a public street for lots 5, 6, and 7. The applicant requests a Variance for the following: 4. Increased number of stories (from two stories to three) for two units proposed on lots 6 and 7. 5. Reduced front yard setback for the four parcels (Lots 1 — 4) fronting Grove Street from twenty (20) feet to ten (10) feet. fhe applicant also requests a waiver from the requirement to underground all utilities on site. The applicant proposes to retain the existing utility pole fronting Prospect Street as it serves residential development across Prospect Street and relocate only those utilities underground that would serve the project site. Utility service to the site would be provided from Grove Street and those utilities would be relocated underground and the pole(s) removed. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 11 Aesthetics 11 Biological Resources [ 7 Geological Problems LI Land Use / Planning 1..1 Public Services 17 Agriculture I 1 Air Quality LI Cultural Resources [7 Energy & Mineral Resources I: I Hazards & Hazardous Materials 0 Hydrology /Water Quality [-1 Noise I 1 Population / Housing I -1 Recreation [=1 Transportation/Circulation 19 Initial Study - Page ;i of 19 DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, x and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described ❑ on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ❑ ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. Signature Printed Name: Peggy Chapin, AICP EVALUATION OF ENVIRONMENTAL IMPACTS: Date: March 11, 2009 Title_ Principal Planner A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than cf ?i ` with mitigation, or less than significant. "Potentially Significant Impact" is appropriai,: i There is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated' applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Signific-'nt !mpact" to "Less then Significant Impact". The lead agency must describe the mitigation measu and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CC: (..,; process, an effect has been adequately analyzed in an earlier EIR or negative declarr,= ;t. Section 1 5063(c)(3)(D). 20 initial Study - Page 4 of 19 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources mod or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? Nis.. (Sources: 1, 2, 3, 4) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? '`, Potentially Less Than Less Than No Significan Significant w! Significan Impact t Impact Mitigation t Impact Incorporation There are no designated scenic vistas nearby or across the proposed project site. As such, no vistas would be adversely impacted by the proposed project. The existing residence on the site does enjoy scenic views to the west toward the ocean, as it is situated approximately 12' above Grove Street and the adjacent 1-805 freeway, which ensures no development will be built to the west and block views from the site. Prospect Street is situated approximately 8'-10' lower in elevation and no views are available from properties to the east across the site toward the ocean. In addition, the City does not have a policy to protect private viewsheds. The site is located within an urbanized area and surrounded by one and two story single-family residences and apartments. Lots 1 - 4 would take access from Grove Street and would face the 805 freeway to the west. Lots 5, 6, and 7 would take access from a private roadway off of Prospect Street. The proposed elevations for lots 5, 6, and 7 would be between 160' and 163'. Adjacent uses include two single-family residences and a 4-unit apartment building to the north, and 21 Initial Study - Page 5 of 19 two single-family residences and a vacant parcel to the south. The two parcels proposed along the northern boundary of the project, Lots 6 and 7 are arranged similarly to the three existing lots immediately adjacent to the north. Three-story homes, not exceeding 35', would be constructed on lots 6 and 7. The existing two-story residence would be relocated and renovated to lot 5. A detached two -car garage and recreation room above the garage would be constructed for lot 5. South of the property line, there are two existing single -story residences and a vacant parcel. One residence fronts Prospect Street and the other is situated in the middle of the block fronting E. 22nd Street. The vacant parcel fronts on Grove Street. The residence fronting E. 22nd Street is situated over 35' from the southern property line. The residence fronting Prospect Street is located five (5) feet from the property line. The existing residence would be relocated to lot 5, approximately 20-feet to the southern property line. Two single-family homes and a two-story apartment building are adjacent to the northern property line. One of the residences fronts Grove Street and is situated only 3'-4' from the northern property line and approximately 10' from the street. Its 2-story design and orientation toward the street would be similar to the proposed residences fronting Grove Street (lots 1 — 4) which would have ten (10) foot front yard setbacks. The other existing single-family home north of the project site is in the middle of the block and would be adjacent to lot 6. The proposed three-story home on lot 6 would be located five (5) feet from the northern property line, however, the residence to the north is 25-feet from the property line. The existing residence adjacent to lot 7 is located approximately five (5) feet from the northern property line and while the proposed three-story unit on lot 7 would meet the minimum side yard setback of five (5) feet, there would be landscaping installed reduce the potential for overviewing into the rear yards of the adjacent residence. The proposed subdivision includes six (6) new single-family homes with varied building materials and architectural elements, as well as the standard associated improvements and landscaping. In addition, the existing home will be relocated and remodeled to include additional square footage and an exterior color pallet and materials comparable to the new homes. Development of the site would upgrade the aesthetics of the area by reducing the appearance of a vacant lot and providing landscaping and street trees where there is currently minimal landscaping. (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No II. AGRICULTURE RESOURCES -- Significant Significant wl Significant Impact Impact Mitigation Impact In determining whether impacts to agricultural resources are significant Incorporation environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a i x Williamson Act contract? 22 Initial Study - rage 6 of 19 c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? II x National City is a built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. The site is also currently zoned for residential uses, and no Williamson Act contract is associated with the land; therefore, the development would have no impact on agricultural zoned areas. (Sources: 1, 4) III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation e) Create objectionable odors affecting a substantial number of people? x The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. The proposed project includes the development of seven (7) single-family structures on property currently improved with one residence and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San Diego County. Also, the project includes aspects which could reduce pollutant discharge, including appropriately designed landscaping and on -site drainage. Implementation of the project would result in an increase of approximately 84 average daily vehicle trips (ADTs)_ Emissions resulting from developing the site would be directly related to the amount of vehicular traffic generated by the facility. A generation of 84 ADT would be considered "low volume" traffic. Consequently, while the proposed project would have an incremental impact to area -wide air - quality, the individual impacts attributed to this project are immeasurably small on a regional scale and will not cause ambient air -quality standards to be exceeded or have a significant impact on air quality. As the project site slopes down to Grove Street on the west side, the proposal will require grading; however, any impacts from construction equipment and operations would be minimal and temporary in nature and the project applicant would be required to implement dust control measures. While dust from grading and other site preparation would generate particulate matter emission, due to the small amount 23 Initial Study - Pa ,e 7 of 19 of grading, and with appropriate use of Best Management Practices (BMP) for site clearance and grading, the project would not generate significant particulate matter or dust and would therefore not result in a significant impact. (Sources: 4, 8, 9, 14) IV. BIOLOGICAL RESOURCES - Would the project: Potentially Less Than Less Than No Significant Significant w! Significant Impact Impact Mitigation Impact Incorporation a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or 1 other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? x d) Interfere substantially with the movement of any native 1 resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? x The project site is located completely within an urbanized area, surrounded by development and bordered by the 1-805 freeway. The site contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans known that include the proposed project site. Based on a physical inspection of the property, the site is improved with a two-story, single-family residence and the site contains native soil, grass and some smaller ornamental shrubs and trees around the site perimeter. There are no jurisdictional wetlands, other sensitive habitat, or sensitive species detected on the property; and U.S. Fish & Wildlife Service maps indicate that there are no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined streambeds on site. There are no anticipated impacts to biological resources. (Sources: 1, 4, 5, 11) 24 Initial Study - rage 8 of 19 V. CULTURAL RESOURCES Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological f I I 1 x resource or site or unique geologic feature? d) Disturb any human remains, including those interred I 1 1 x outside of formal cemeteries? Historic structures that are considered noteworthy and have contributed significantly to the development of the City, are contained on the City's adopted Historic Sites List. Additional structures may be added to the Historic Sites List upon request. The request must include a historical analysis prepared by a historian recognized by the State of California. Determination to place a structure on the list requires City Council approval. Demolition of any structure listed on the Historic Sites List also requires City Council approval. The site contains an existing residence constructed in approximately 1930 but extensive remodeling has occurred over time. The applicant proposes to relocate and renovate the existing home to lot 5. The structure is not listed on Historic Sites List but is listed on a separate survey prepared in 1994 for the National City Historical Society by a historian, Anne Pierce Cooper. The 1994 survey identifies the architectural style as Spanish Eclectic characterized by stucco, flat roof, and tile accents. The survey numerically ranks each property as follows: 1 - indicates a National Register potential, 2 - indicates local significance, 2.5 - indicates potential local significance and a "better than average 3", 3 - indicates inclusion in the survey due to recognized age from stylistic elements, and 4 - indicates inclusion in the survey for the same reasons as "3" though stylistically very altered. The structure on site was ranked as a 3. However, since the time of the survey, the structure was significantly and stylistically altered. A two-story room addition was constructed in 1997. The addition includes 2 bedrooms, 1 bath, and laundry room on the first floor and a bedroom, 2 bath, den, and balcony on the second floor. The original wood -framed windows were replaced with aluminum sliding windows. Due to these significant structural changes to the exterior of the historic structure, it would no longer qualify as a 3 ranking but would likely be listed as a 4 ranking, by the standards indicated in the survey. CEQA, Section 15064.5, provides for a public agency to determine the significance of impacts on historical resources. A structure is considered a historic resource if it is "listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources" or "included in a local register of historical resources" or "identified as significant in an 25 Initial Study - l'agc 9 of 19 historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code." Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. Section 5024.1(g) of the Public Resources Code provides criteria for evaluating the significance of a potential resource. The resource would be considered historically significant if the resource is: A. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; B. Is associated with the lives of persons important in our past; C. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; far D. Has yielded, or may be likely to yield, information important in prehistory or history. Development of the project would require relocation and renovation of the existing structure. Since the structure has not been included on the adopted Historic Sites List; it has been significantly altered; the prior survey did not identify the structure as being significant; and it does not meet the criteria for determining significance of an historic resource pursuant to Public Resource Code Section 5020.1 (CEQA 15064.5), the proposed modifications of the structure would not result in a significant impact. No archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site and there are no recorded archaeological sites nearby. Additionally, the developed nature of the area, as a residential lot with the surrounding multi- and single-family residential properties suggest impacts to archaeological resources are not anticipated. No cultural resource constraints are known to exist on the currently developed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. The `40 proposed project would not result in a significant impact to cultural resources. (Sources: 1, 4, 7) VI. GEOLOGY & SOILS Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on 1 I 1 x the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? x iv) Landslides? x b) Result in substantial soil erosion or the loss of topsoil? x er'' c) Be located on a geologic unit or soil that is unstable, or that 26 Initial Study - rase 10 of 19 would become unstable as a result of the project, and i I 1 I x potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. In addition, the proposed structures shall be designed in accordance with California Building Code guidelines and/or those adopted by the City of National City. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. The project will also be designed to achieve adequate stability through appropriate grading standards and soil testing. �.. The project site is currently developed with one single family structure and small accessory buildings. Proposed plans include landscaping for all areas not developed with driveways, private roadway, and structures. The drainage will be designed to drain on -site and not increase erosion; therefore, there are no impacts anticipated The proposed project site would incorporate traditional sewer laterals, which will connect with the existing sewer system that serves the City, therefore there would be no impact to groundwater. (Sources: 2, 4, 10) VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation c) Emit hazardous emissions or handle hazardous or acutely 1 1 ! x hazardous materials, substances, or waste within one - 27 initial Study - Pa {c 11 of 19 quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous l 1-1 I x materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an 1 ! I 1 x adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of Toss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project area is within an urbanized area that is not identified as a hazardous material site and there are no hazardous materials associated with the proposed single-family residential use of the site. Also, the site is not located within two miles of a public or private airport or associated airport plan, therefore would not be an impact. (Sources: 1, 2, 4, 6) Vitt. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Violate any water quality standards or waste discharge ! 1 1 x requirements? b) Substantially deplete groundwater supplies or interfere ; I I x substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site I 1 x or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 28 Initial Study - Page 12 of 19 d) Substantially alter the existing drainage pattern of the site 1 1 i 1 x or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed hilltop project site has no streams or rivers on or near the site. Consistent with City development standards and State requirements for National Pollutant Discharge Elimination System (NPDES, a Standard Urban Stormwater Mitigation Plan (SUSMP) and a Stormwater Pollutant Prevention Study (SWPP) would be prepared prior to grading to address drainage and runoff. Implementation of these permits would effectively result in controlled drainage and water quality discharge. Therefore, no adverse effect on water quality or the natural drainage pattern of the site is expected. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation, since the required NPDES permits will address these items. Also, the site is located in an urbanized developed area and would include appropriate construction and permanent BMPs. The area is not within a failure area of a levee or dam; therefore, there would be no exposure of people or structures to any significant risks. The site is located also outside the boundaries of both the 100-year and 500-year flood zones and is several miles inland from the San Diego Bay and therefore; there is no impact. (Sources: 1, 2, 4, 6, 14) IX_ LAND USE & PLANNING Would the project: Potentially Less Than Less Than No Significant Significant w! Significant Impact Impact Mitigation Impact Incorporation a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or 1 1 ! x regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, .**Nov local coastal program, or zoning ordinance) adopted for the 29 Initial Study Page 13 of 19 purpose of avoiding or mitigating an environmental effect? The proposed project site is currently improved with a single-family residential structure surrounded by other residential development, both single-family residences and small multi -family development to the north, east, and south. 1-805 freeway borders the Grove Street to the west. The existing General Plan/Zoning designation of Single-family Residential Extendible (RS-3-PD) allows for residential development up to a density of 8.7 dwelling units (du) per acre, or 6-residental lots on this parcel. Since the proposed development would result in seven lots, one for the existing residence and six lots for new single-family residential development, resulting in a density of 9.8 du/acre. While various exterior color schemes are proposed for the new residences, the primary construction materials include a cement plaster finish, stone and wood accents, and clay roof tiles, with decorative wrought iron, awning, and shutter accents. The existing residence would be remodeled and enlarged and would include a detached garage with a second story recreation room. Surrounding residential development reflects an average lot size of 7,695 s.f. for the block exceeding the 5,000 square foot minimum parcel size. This mixture of single- and multi -family parcels results in a density of approximately eight (8) du/acre for the surrounding area. Should the remaining vacant parcels develop, the density would result in approximately 8.9 du/acre. The proposed development would be constructed at a slightly higher density of 9.8 du/acre. Overall, the build -out of the area would be somewhat higher than the General Plan density of 8.7 dulac. The proposed development would be consistent with the Housing Element goals of the General Plan to provide in -fill development and retain the single-family residential character of the neighborhood.. The site development as proposed would not result in a significant impact. (Sources: 1, 2, 4, 13) X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation Discussion: There are no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact. (Sources: 1, 2, 4) XI. NOISE Would the project result in: Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 30 Initial Study - rage 14 of 19 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in I ! 1 x the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient I l x noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, 1 I I x where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would 1 the project expose people residing or working in the project area to excessive noise levels? While the proposed project area is in an developed residential area, it also falls within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise due to the adjacent 1-805 freeway. As a result, interior noise volumes of each new residence would exceed acceptable limits as defined by the Municipal Code, Title 12. Reduced interior noise levels may be achieved by incorporating design features such as increased insulation, both in the walls and attic, and automatic ventilation systems. Consistent with City standards and 2007 California Building Code, Section 1207.11, a noise study, prepared by a licensed acoustic engineer, would be required prior to the issuance of building permits to ensure measures are incorporated in the building plans to reduce interior noise levels to below a 45 dBA level. Reducing exterior noise levels of the rear yards may be achieved by buffering freeway noise. This can be achieved by the proposed structures fronting Grove Street that shield the rear yards of lots 1-4. Therefore there is no significant impact to new residents, since noise attenuation measures can be incorporated through design measures utilized during construction. It is not anticipated that development of seven single-family residential parcels would result in an increase of noise levels in excess of local standards that would affect neighboring properties. The associated grading and construction on the project site would create temporary noise impacts. Construction activities would be limited to those hours defined in Section 12.10.160 of the City's Municipal Code. No significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there would be no impact to future residents due to aircraft noise. (Sources: 1, 2, 4, 6, 14, 15) XII. POPULATION & HOUSING Would the project: Potentially Less Than Less Than No Significant Significant w! Significan Impact Impact Mitigation t Impact Incorporation a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 31 Initial Study - Page 15 of 19 b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? x c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project is a seven (7) unit residential housing development, at a density of approximately 9.8 dwelling units per acre. Based on the City's 2005-2010 Housing Element, the expected population of the development would be 25 persons (3.38 persons per household). This increase would not be considered significant, since the General Plan density of 8.7 dulac would result in 20 persons. Additionally, the proposed development would be served by existing roadways and infrastructure. In addition, the proposed development would be consistent with goals of the Housing Element of the General Plan to provide in -fill development. The proposed project would not displace any existing residents as the existing unit would be retained on site. No impacts are expected from the increased density of the project. (Sources: 1, 2, 4, 13) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation Fire protection? ! x Police protection? Schools? Parks? Other public facilities? x x x x The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Department is 4 blocks away at Euclid Avenue and 24th Street. The development will generate impact fees specifically slated for public services and increased revenue from increased property taxes that will supplement additional services provided to the proposed development. Therefore, there is no significant impact. The proposed project would result in no impacts to City schools or parks, as the proposed 7-unit residential project would be expected to result in a negligible additional of school children or population in the area since one unit is existing so the resulting increase in residential is six households. The site would be served by Lincoln Acres Elementary School and Granger Junior High School. Both schools have not indicated any existing or planned overcrowding conditions. (Sources: 1, 2, 4, 14) Potentially Less Than Less Than No 32 Initial Study - Paxc 16 of 19 XIV. RECREATION Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 11 x The proposed project includes the construction of six (6) single-family residential structures and relocation of an existing residence on individual lots, each with private, fenced yards. Each parcel would provide sufficient private open space for use by the individual households to meet City requirements, since the rear yards exceed the minimum depth of 20 feet. Approximately 8 blocks away and within walking distance, the project residents can utilize Las Palmas Park, which offers organized sports activities, swimming, and open recreation,. As such, the proposed residential use of the project site would not substantially increase the use of local recreational facilities, necessitate construction of additional recreational facilities, or remove or impact existing facilities in the surrounding area; therefore, there is no impact. (Sources: 1, 2, 4) XV. TRANSPORTATION/TRAFFIC Would the project: `r Potentially Less Than Less Than No Significant Significant wl Significant Impact Impact Mitigation Impact Incorporation a) Cause an increase in traffic which is substantial in relation 1 1 to the existing traffic Toad and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service 1 I 1 x standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature I 1 x (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? " 1 i i 1 x f) Result in inadequate parking capacity? g) Conflict with adopted policies plans, or programs supporting 1 1 i 1 x alternative transportation (e.g., bus turnouts, bicycle 'o.., racks)? 33 Initial Study - Pac;e 17 of If) According to a review of the potential circulation and traffic impacts by the City of National City s Traffic Engineer, the proposed project would not cause a significant increase in traffic. While the addition of homes to a currently undeveloped site would result in an increase of approximately 84 average daily trips (ADTS). With such a low anticipated increase in ADTs, a traffic study is not warranted. Surrounding 44.1/0 roadway segments would be expected to continue to operate under capacity and the existing roadways will adequately serve the project. Project plans include development of multiple driveways on the site; four individual driveways from Grove Street and one shared private roadway for the other three parcels extending from Prospect Street. The private roadway also includes individual driveways to the proposed three units on Tots 5, 6, and 7, as well as fire access and turnaround space for private vehicles. Each of the proposed seven residences would be provided with a two -car garage. The new private roadway would be designed in accordance with private road standards acceptable to the City Engineering and Fire Departments. In addition, the parking spaces proposed on -site accommodate each of the proposed seven (7) residences, per the City Land Use Code Section 18.58, which requires 2-3 spaces per lot depending on the size of the home. The reduced front yard set backs from Tots 1, 2, 3 & 4 would result in reduced driveway lengths. CC&Rs would be required to address maintenance of the shared private roadway and would restrict the homeowners for units located on Iots1 — 4 to utilize the garages for parking. Since there are no units on the west side of Grove Street, there is ample street parking available to those units. Therefore, there would be no impact. The proposed project does not contain any components that would result in a change in air traffic patterns; therefore, there is no impact. As a single-family development, the proposed project would also not conflict with any adopted policies, plans or programs supporting alternative transportation and therefore, there is no impact. (Sources: 1, 2, 4, 14) XVI. UTILITIES & SERVICE SYSTEMS Would the project: Potentially Less Than Less Than No Significant Significant w/ Significan Impact Impact Mitigation t Impact Incorporation a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing i 1 i=1 facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? x x 34 Initial Study - Page 18 of 19 f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? "%"' regulations related to solid waste? g) Comply with federal, state, and local statutes and 1 1 1 x The proposed subdivision is located on an improved property located within an urbanized area with existing utility services, including water and wastewater facilities. Comments received from City staff and Sweetwater Authority indicates that capacity exists to handle the needs of the proposed homes, however, additional upgrades to the water system may be necessary prior to building permit issuance. Therefore, the project would have no significant impact. Also, new construction would be designed and constructed to include best management practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board: therefore, there is no impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. Also, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: 1, 2, 4, 14) XVII. MANDATORY FINDINGS of SIGNIFICANCE Potentially Less Than Less Than No Significant Significant w/ Significant Impact ' Impact Mitigation Impact Incorporation a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, 1 1 x but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause 1 i 1 1 x substantial adverse effects on human beings, either directly or indirectly? No significant impacts to the environment as a result of this project have been identified. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. 35 Initial Study - Page 19 of 19 REFERENCE SOURCES: Reference Document Title 1 National City General Plan and Land Use Code 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Grove Street Subdivision Project Plans (2007-59 S, IS) 5 US Fish and Wildlife Wetland Mapped System (http://wetlandsfws.er.usgs.gov/wtlnds/launch.html) 6 FEMA Map Service Center 7 Historic Properties Survey for the City of National City, prepared by Anne Pierce Cooper, Historical Researcher, dated December 1994 8 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 9 Air Quality in San Diego County, Air Pollution Control District for San Diego County, 2006 10 California Department of Conservation, California Geologic Survey (CGS) website 11 Environmental Assessment Form for project 12 Co. of San Diego Department of Environmental Health website www.sdcounty.ca.gov/deh/ 13 National City 2005-2010 Housing Element, December 2007 14 Comments from National City Fire, Building, & Engineering Departments and Sweetwater Authority 15 2007 California Building Code, Title 24 Part 2 Available for Review at: National City Planning Division and www.nationalcityca.gov National City Planning Division. National City Planning Div. or www.nationalcityca.gov.. National City Planning Div.. http://wetlandsfws.er.usgs.go v/wtInds/launch.html (www.fema.gov) National City Planning Div.. National City Planning Div.. National City Planning Div.. http://www.conservation.ca.go v/cqs/Pages/Index.aspx National City Planning Division or www.nationalcityca.gov www.sdcounty.ca.gov/deh/ National City Planning Div. or www.nationalcityca.gov. National City Planning Div. www.nationalcityca.gov. National City Building Dept. 36 JUt 11 -2008 07:53A FROM: 619 561 8127 1 O ---P1075R )' . 1 / 1 (; wwm,cAf1(k19 July 9, 2008 DELTA CONSULTANTS, INC. Mr. Luis Naranjo 3175 Cauby Street Suite 90 San Diego, Ca 92110 P.O. BOX 2727 • EL CAJON, CALIFORNIA 92021-0727 (619) 683-0000 • FAX (619) 561-8127 Subject: Grove Street, National City Dear Luis: At your request, we inspected the property and the existing overhead utility lines. "Me lines in Grove Street are on the opposite side of the street and not affected by the development. There are existing overhead facilities within the adjacent half -street of Prospect Street. They consist of electric,- telephone and cable television wires and cables. These lines end on a pole immediately south of your south property line. They provide utility services to the surrounding properties. In order to underground the lines, it would be necessary to leave the pole at the south property line and add a pole at the north property line. The end result of the undergrounding would be the removal of wires and cables fronting our property and the addition of one new pole with guy wires and anchors. The costs to do this work including construction and utility company fees are estimated to he $60,000.00. If you need any additional information, please call. Sincerely', T. E. Scanlan Supplemental Discussion Re: Undergrounding Waiver as Project Concession Niro The pole that is in front of the property [on Prospect Street] feeds several homes across the street, to the south and to the north. There are three different ways for us to address the under grounding of utilities according to our utility consultant Tom Scanlan of Delta Consulting. We chose to provide you with the least expensive option which is in fact financially detrimental to our project. The other options are impractical and more expensive. Option 1: The first and least expensive option would be to leave the existing pole where it is and underground the utilities in front of our project. Then just as we pass our project property line to the north we would add another pole to continue the feed to the property owners to the north. This option would cost an estimated $60,000.00 and would not reduce the number of poles but would in fact create an additional pole. Option 2: Remove the pole in front of our property and place it to the south about three feet so is not in front of our property. Then we would have to underground the utilities across the front of our property and add an additional pole to continue the utilities the north property owners. Again, this option increases the number of poles. Option 3: Remove the pole and underground utilities to the neighbor to the south, to our property and to four homes across the street. In this option we would need to improve our neighbors properties so the utility feed can be received underneath the home instead of overhead. We would also have to improve past the midway point of the street, then we would have to erect a new pole in front of the property owner to the north. 38 Supplemental Discussion Re: Undergrounding Waiver as Project Concession The pole that is in front of the property [on Prospect Street) feeds several homes across the street, to the south and to the north. There are three different ways for us to address the under grounding of utilities according to our utility consultant Tom Scanlan of Delta Consulting. We chose to provide you with the least expensive option which is in fact financially detrimental to our project. The other options are impractical and more expensive. Option 1: The first and least expensive option would be to leave the existing pole where it is and underground the utilities in front of our project. Then just as we pass our project property line to the north we would add another pole to continue the feed to the property owners to the north. This option would cost an estimated $60,000.00 and would not reduce the number of poles but would in fact create an additional pole. Option 2: Remove the pole in front of our property and place it to the south about three feet so is not in front of our property. Then we would have to underground the utilities across the front of our property and add an additional pole to continue the utilities the north property owners. Again, this option increases the number of poles. Option 3: Remove the pole and underground utilities to the neighbor to the south, to our property and to four homes across the street. In this option we would need to improve our neighbors properties so the utility feed can be received underneath the home instead of overhead. We would also have to improve past the midway point of the street, then we would have to erect a new pole in front of the property owner to the north. 39 ( ( X 0 X 2 0 -to • 7 o B. W. 'd95.46' 40 110 .41010 IM/W0004044 ammo No • •:-Anio.skirTif an. ammtiaws.-a..aarma. a. 4100'00•1• ao:ommea...1.41. S 71.21.58"W 195.461 • gr I 0' 5' 1020' 30' Graphic Scale moot ommeari 0 • 22" ROAD AND Urit.i71E5 EASEMCNT N Site Plan 2121 Grove Street National City, California Date . 12/03/08 Scale .91' 10' I • Penimilinum 2121 Grove Street L. DINING ROOM x FIRST FLOOR O. o FAMILY ROOM 'u -o x l 5• a' C.VN +O_.5E 5CA: E:3/ -0 KITCHEN 5-0 x7-10• UP DOWN l0 4 ATH WD'5 Cc. 4-5 x Ea I W FOYER x 5 - 0 --u BEDROOM 2 ., X 2" LIVING ROOM x , 2•_d. 0 J4 MASTER BA i1i 3'-3"x 7-10" Q Q MASTER BEDROOM '5-6'x 13H0", RCS MASTER CLOSET 6 -9" x 7'- ; 0" i 17) 1 cn RsS r- SECOND FLOOR TOWN"0USE SCALE: / ' !.-0' DOWN OFFICE 7'-5" x 7'-' 0" BEDROOM 2'-i0' x BEDROOM 5'-!0'x ,2'-b (r) OLI l l l / / / / / / \/ \/ 2 CAR GARAGE /\ 20-0 x / \ / \ / \ jP / BASEMENT TOWN-rIOUSE SCALffin.= .'-0" 2N1) F I,OOR 10'-0"f I ST FLOOR 0'-0" GARAGE FLOOR -W-6" FRONT ELEVATION- COTTAGE UNIT C MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOORS: 011. STAINED FRONT DOOR: OIL STAINED ROOF: BARREL. CLAY TILE SPECIAL. FEATURES: EXTERIOR PLANTER BOXES STAINED WOOD HEADERS AND SHUTTERS GROVE STREET National City, 46 California ROOF PI,AT E 27'-0" 3RD FLOOR � 19'-0•' r 2ND FLOOR 10'-0" 1S1' FLOOR 0'-0" REAR ELEVATION- COTTAGE UNIT C SCALP.: MEW 0' 2' 4' G' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER DOOR: :kiln UM DO012 ROOF: BARREL CLAY TILE SPECIAL. FEATURES: DOOR AND PATIO PARTIAI. COVER GROVE STREET National City, 47 California ROOF PLATE 27'-0" 3RD F1001 l;Vl) FLOOR S". 10'-0" 1 sT F 1.,oOR a o'-o" RIGHT SIDE ELEVATION- COTTAGE UNIT C St.:ALE: MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER SIDE DOOR: METAL ROOF: BARREL CLAY TILE. GROVE STREET National City, 48 California ROOF' PLATE 27'-0" 3RD FLOOR 2ND FLOOR l0'-0"Y 1ST FLOOR 0'-0" LEFT SIDE ELEVATION- COTTAGE UNIT C SCA 1.h:: (' 2' 4' G' MATERIAL SUMMARY: EXTERIOR FINISII: CEMENT PIASTER ROOF: BARREL CLAY TILE GROVE STREET National City, 49 California CLOSET POWDER ROOM ENTRY HALL ENTRY. PORCH FIRST FLOOR PLAN-ti.tCOTTAGE UNIT C TABULATIONS SQUARE FOOT GES FIRST mOOR 623 S.F. SECOND FLOOR 1051 s.E 'I'HIRI) FLOOR 623 s.F. U)LAI. SQUARE Fool AGE 2297 s.I:: GROVE STREET National City, 50 California WALK-IN CLOSET UTILITY BATH WALK-IN CLOSET BEDROO 3 (10'X11') a -- MASTER BATH 1• BEDROO (10'X 10-3") 1 MASTER BEDROOM (14'-9"X 16'-9") DN. SITTIN(; AREA UP (10'-0"x 10'-3") OP"tiON1%L DESK IMINI ffin 11timei l STAIR SECOND FLOOR PLAN- COTTAGE SCj%J E;: L UNIT C Z' 4• 6' BEDROOM/ DEN (10'-0"X 10'-3") CLOSET 1038 s. . OPTIONAL PLAN 2 STORY ONLY GROVE STREET National City, California 51 THIRD FLOOR PL SCALE: AN- COTTAGE " �E UNIT C 561 S.F. GROVE STREET National City, California 52 14,1 • . . . • 1,4 e "c3C) T1 c34. •••ih • • • Vele 3W, VAC leii-n.)(1c1 o 1 x istinu Dwelling n.? 2121 Grove Street National City. California pet-. cr—evra ><142)T1 r4e7 Ftell.5( Ctah/C.e E N./ d MEDIA ROOM 2c.c CLOSET DOWN EXISTING 11OUSE SECOND FLOOR 2 ;RO'd' 5," BATH >' 5 . J MASTER BEDROOM SITTING ROOM 7 -5. d'-2 City of National City, California FIRST CITY COUNCIL AGENDA STATEMENT READING MEETING DATE May 5, 2009 AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.37 TO THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT SMOKING IN OPEN AIR DINING AREAS PREPARED BY EXPLANATION George H. Eiser, III (2 DEPARTMENT City Attorney (Ext. 4221) Please see attached memorandum. Environmental Review N N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduction of ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum Proposed ordinance A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate '1'O: FROM: SUBJECT: Office of the City Attorney Mayor and City Council City Attorney Ordinance Prohibiting Smoking in Open Air Dinning Areas City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton DATE: April 29, 2009 Introduction At the City Council meeting of April 21, 2009, members of the South Bay Youth 4 Change made a presentation on the effects of second-hand smoke, and requested the Council consider enacting an ordinance that would prohibit smoking in open air dining areas. The City Council directed staff to prepare such an ordinance for consideration by the Council. Background Existing State law prohibits smoking in enclosed places of employment, with some exceptions including bars and taverns under certain conditions; the purchase, receipt, or possession of tobacco products by minors; smoking by public school students while on campus or attending school -sponsored activities; and smoking on playgrounds and tot lots, and within 20 feet of the entrance to a public buildings, while expressly authorizing additional regulation by local government. Chapter 9.36 of the National City Municipal Code implements the State law prohibitions against smoking in enclosed places of employment. Section 10.52.010 HE of the Municipal Code prohibits the possession of a lighted tobacco product or tobacco related product, or the chewing of such products in any City park, playground, or recreation facility. Chapter 9.38 of the Municipal Code contains comprehensive regulations restricting the sale, promotion, and display of tobacco products to minors. At the present time, neither the State nor the City of National City has enacted any law or ordinance prohibiting smoking in open air dining areas. The Proposed Ordinance The proposed ordinance would prohibit smoking in all "open air dining areas" located on private or public property, including the public right-of-way. In addition, smoking would be prohibited within 5 feet of an open air dining area, except while actively passing on the way to another destination. The ordinance defines "smoking" as possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including but not limited to a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a tobacco product, tobacco paraphernalia. or any other weed or plant, including but not limited to a pipe, a hookah pipe, cigar, or cigarette of any kind. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 "Open Air Dining Area" is defined to mean any non -enclosed area located on private or public property made available to or customarily used by the general public that is designed, established, or regularly used for consuming food and/or beverages, or where food and/or beverages are served whether or not for compensation. This includes, but is not limited to restaurants, hotels, bar standing and seating areas, patios, and coffee shops. The ordinance would be enforceable by any police officer, code conformance officer, building inspector, business license inspector, or fire inspector. In addition, the City Manager could designate persons from any of the City's departments as having the authority to enforce the ordinance. Violation of the ordinance would constitute an infraction, with the City Attorney's office having the discretion to elevate the offense to a misdemeanor. The proposed ordinance, if adopted, would be based on the following findings: • Scientific studies have concluded that cigarette smoking causes chronic lung disease; coronary heart disease; stroke; cancer of the lungs, larynx, esophagus, mouth, and bladder; and contributes to cancer of the cervix, pancreas, and kidneys.' • More than 440,000 people die in the United States from tobacco -related diseases every year, making it the nation's leading cause of preventable illness.' • The World Health Organizations (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide.' • The United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group "A" carcinogen, the most dangerous class of carcinogen.4 Recommendation It is recommended that the proposed ordinance be considered for first reading as presented, or the City Council may wish to consider revisions to the ordinance. GEORGE H. EISER, III City Attorney GHE/gmo U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation's Leading Cause of Death 2002, 2 (2002), available at http://www.cdc.gov/tobacco/overview/oshaag.pdf (last accessed August 15, 2003). 2 U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Highlights Annual Smoking — Attributable Mortality. Years of Potential Life Loss, and Economic Costs - United States 1995-1999 (2002) MORBIDITY AND MORTALITY WEEKLY REPORT, available at http://www.cdc.gove/ttobacco/research data/economics/mmwr5114.highlights.htm (last accessed August 15, 2003). s U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Reducing Tobacco Use: A Report of the Surgeon General, 437 (2001). 4 U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Clean Indoor Air Regulations Fact Sheet (2001), available at http://www.cdc.gov/tobacco/sgr/sgr 2000/factsheets/factsheet clean.htm (last accessed April 23, 2003). yid ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.37 TO PROHIBIT SMOKING IN OPEN AIR DINING AREAS WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung disease; coronary heart disease; stroke; cancer of the lungs, larynx, esophagus, mouth, and bladder; and contributes to cancer of the cervix, pancreas, and kidneys; and WHEREAS, more than 440,000 people die in the United States from tobacco - related diseases every year, making it the nation's leading cause of preventable illness; and WHEREAS, the World Health Organizations (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group "A" carcinogen, the most dangerous class of carcinogen; and WHEREAS, with certain exceptions, State law prohibits smoking inside an enclosed place of employment, which prohibition is implemented by Chapter 9.36 of the Municipal Code; and WHEREAS, Section 10.52.101 (HH) of the National City Municipal Code prohibits possession of a lighted tobacco product or tobacco -related product in any City park, playground, or recreation facility; and WHEREAS, it is the intent of the City Council in enacting this Ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco use around non -tobacco users, by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle, by protecting the public from smoking and tobacco -related pollution, and by affirming and promoting the family atmosphere of the City's public places. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.37, to read as follows: Chapter 9.37 Prohibition of Smoking in Open Air Dining Areas Sections: 9.37.010 Definitions 9.37.020 Smoking in Open Air Dining Areas --Prohibited 9.37.030 Enforcement 9.37.040 Severability 9.37.010 Definitions. A. "Enclosed" means any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside, such as, a covered porch with more than two walls. B. "Non -enclosed" means an open air area, typically outdoors, that does not meet the definition of "enclosed". C. "Open Air Dining Area" means any non -enclosed area located on private or public property made available to or customarily used by the general public that is designed, established, or regularly used for consuming food and/or beverages, or where food and/or beverages are served whether or not for compensation. This includes, but is not limited to restaurants, hotels, bar standing and seating areas, patios, and coffee shops. D. "Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including but not limited to a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including but not limited to a pipe, a hookah pipe, cigar, or cigarette of any kind. 9.37.020 Smoking in Open Air Dining Areas --Prohibited. Smoking is prohibited in all open air dining areas located on private or public property, including the public right-of-way. In addition, smoking is prohibited within five feet of an open air dining area, except while actively passing on the way to another destination. 9.37.030 Enforcement. This Chapter may be enforced by any police officer, code conformance officer, building inspector, business license inspector, or fire inspector. In addition, the City Manager may designate persons from any of the City's departments as having the authority to enforce this Chapter. 9.37.040 Severability. The City Council declares that the invalidity of any section or portion of this ordinance or the chapter or sections of the chapter thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this day of , 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney 2009 Ordinance 2 Adding Chapter 9.37 Smoking In Open Air Dining Areas City of National City, California COUNCIL AGENDA STATEMENT `41.0IIEETING DATE May 5.2009 AGENDA ITEM NO. 18 (-- ITEM TITLE An Ordinance of the City Council of the City of National City Amending the National City Municipal Code Chapter 18.62 and Local Coastal Program Implementation Document Section XII Pertaining to Signs and Outdoor Adveertissii g (Applicant: City Initiated) (Case File No. 2007-41 A, LCP) PREPARED BY Peggy Chapi 36-4319 DEPARTMENT Planning Division EXPLANATION The City Council held a public hearing on proposed changes to amend Chapter 18.62 of the Municipal Code on April 21, 2009 and voted to approve the Amendment regarding "Signs and Outdoor Advertising". The attached ordinance will fulfill that action. Environmental Review NIA Exempt pursuant to CEQA Section 15061(b)(3) Financial Statement Approved By: Finance Director N/A Account No. STAFF RECOMMENDATION �j Introduce Ordinance BOARD / COMMISSION RECOMMENDATION 'Fhe Commission voted to recommend approval of the Amendment to the Sign Ordinance (5-0-2) ATTACHMENTS ( Listed Below) Resolution No. `✓ Ordinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS, WHICH IS APPLICABLE CITY-WIDE AND WITHIN THE CITY OF NATIONAL CITY'S LOCAL COASTAL PROGRAM, WHICH IS APPLICABLE CITY-WIDE AND WITHIN NATIONAL CITY'S LOCAL COASTAL PROGRAM BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is amended as follows: Section 1. Chapter 18.62 of the National City Municipal Code, which is applicable City-wide and within the City of National City's Local Coastal Program, is hereby amended to read as follows: Chapter 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.62.010 Purpose and intent. 18.62.020 Unlawful display of signs or banners — Prohibited. 18.62.030 Definitions. 18.62.040 Site plan review --Required. 18.62.050 Design. 18.62.060 Uniform Building, Electrical, and Mechanical Code compliance --Required. 18.62.070 Maintenance. 18.62.080 Removal from abandoned site or building. 18.62.090 Permanent signs permitted in all zones. 18.62.100 Flags and banners --Regulated. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. 18.62.120 Large permanent signs in shopping centers. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. 18.62.140 Pole -mounted or freestanding signs in commercial, manufacturing, and institutional zones. 18.62.150 Roof -mounted signs. 18.62.160 Revolving signs in commercial and manufacturing zones. 18.62.170 Temporary signs permitted in all zones. 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. 18.62.185 Mobile billboards 18.62.190 Signs for churches. 18.62.200 Mural -type signs in commercial zones. 18.62.210 Signs prohibited in all zones. 18.62.220 Nonconforming signs. 18.62.230 Constitutional severability. 18.62.240 Non-commercial speech. 18.62.010 Purpose and intent. The purpose and intent of this Chapter is to: A. Aid in the identification of properties, land uses, and enterprises; B. Improve traffic safety by reducing visual distractions and physical obstructions and hazards; C. Enhance the general appearance and aesthetics of the urban environment; and D. Protect the natural beauty of the city's open space. 18.62.020 Unlawful display of signs and banners --Prohibited. A. Except as provided in this Chapter 18.62, it is unlawful for any person or entity to install, maintain, or allow the installation or maintenance of a sign or banner as defined in this Chapter in any zone. B. The reference to a specific prohibition in this Section 18.62.020 shall not affect the validity and effect of the general prohibition set forth in Section 18.02.080 or its application regulating the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code, nor shall it affect Chapter 10.54 prohibiting the maintenance of graffiti as a public nuisance. C. Chapter 18.62 shall not apply to any governmental agency or to any regulatory sign prescribed or required by federal or State law or local ordinance. D. Nothing in this Chapter is intended to authorize the installation of a sign or banner without the permission of the owner or occupant of that property. E. Within this Chapter, all regulations shall refer and apply only to "on -site" displays of signs and banners. When a regulation is made applicable to an "off -site" display, it shall be so designated. Unless so designated, off -site displays are prohibited. 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in Chapter 18.04, the following definitions or concepts shall be applicable: A. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. B. "Bunting" is a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. C. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. D. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, Tight emitting diodes, or moveable background material. E. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign. F. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. G. "Freestanding sign" means a sign which is permanently supported on the ground by one (1) or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. H. "Frontage" when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to frontage when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. I. "Height." The distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. J. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. K. "Install' or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. L. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. M. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. N. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. O. "Off -site" or "off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. P. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located. Q. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. R. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure. S. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. T. "Pennant" is a banner with three sides. U. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." V. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one (1) or more uprights, braces, poles, or other similar structural components. W "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely attached to the face of a building. X "Shopping Center" shall mean a group of commercial buildings as defined in Section 18.04.596. Y "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a message is conveyed which is placed outdoors in any zone or is visible to the Ordinance No. 2009 — 3 Signs and Outdoor Advertising Displays exterior of a commercial or industrial building or structure. It shall include a banner and any of the following: 1. Any advertising display defined in Section 9.32.010. 2. Any message painted, printed, or otherwise produced or affixed on or to: a. The exterior of a building or structure; b. A rigid or semi -rigid material or surface, such as wood, metal, or plastic, attached to a building, structure, or pole or which is itself free-standing; or c. An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole, or the ground. Z. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign. AA. "Visible to the exterior" refers to the placement of a sign or banner within the interior first 8 feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable. 18.62.040 Site plan review --Required. A. Except as exempted in Section 18.62.040(B), signs allowed by this Chapter may not be installed until a site plan review is conducted (see Chapter 18.128), and a finding of compliance with the design criteria in Appendix A of the National City Land Use Code by the planning director is completed. Signs that are not consistent with the design criteria outlined in Appendix A of the National City Land Use Code may not be installed. This determination may be appealed pursuant to the provisions of Chapter 18.128, and Sections 18.134.010 and 18.034.020. B. Site plan review shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and comparable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. C. Site plan review is not required for signs allowed by Sections 18.62.090, 18.62.100, and 18.62. 170. 18.62.050 Design. The design of all signs shall comply with the design guidelines described in Appendix A of the National City Land Use Code, "Standards for On -Premises Signs." It shall be the duty of the planning commission to interpret these guidelines in the manner prescribed in Section 18.134.020. 18.62.060 Uniform Building, Electrical and Mechanical Code compliance --Required. No sign shall be installed that does not comply with the applicable Uniform Building, Mechanical and Electrical Codes adopted by the city. Permits for installation shall be obtained, when required, prior to any installation, from the director of building and safety. 18.62.070 Maintenance. All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within thirty days from the date of notification from the city. 18.62.080 Removal from abandoned site or building. When the use of any parcel or building is vacated, terminated, or abandoned for any reason for a period of more than 120 consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not Ordinance No. 2009 — 4 Signs and Outdoor Advertising Displays visible, within thirty days following notice from the city. Removal, painting out, or obliteration shall be performed in a manner that does not create a blighting influence. 18.62.090 Permanent signs permitted in all zones. The following signs shall be permitted in all zones. Site plan review pursuant to Section 18.62.040 shall not be required. A. Permanent Signs. 1. Size. The display on any parcel of any single sign, flag, or banner that is less than 6 square feet in area is permitted, except when a home occupation permit has been issued for a residential parcel, this exemption shall not apply, and that property shall be subject to all the requirements of this Chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs. Directional signs which do not exceed a total of 3 square feet in size per sign and total area combined does not exceed 9 square feet. C. Freestanding or Monument Signs. A maximum of two freestanding or monument signs not to exceed a total of 100 square feet, are permitted for single-family subdivisions, multi- family developments, or mobile home parks. D. Official flags. Up to three official flags of the Unites States, the State of California, or other states of the nation, counties, municipalities, and official flags of sovereign nations. Proposals for more than three flags require a sign permit and site plan review. If flags are to be displayed on vertical flagpoles, these poles shall be permanently installed with appropriate building permits. Flags of nationally or internationally recognized organizations and corporate or business flags are only permitted if displayed in conjunction with the United States flag. The Flag Code of the United States shall be observed at all times. 18.62.100 Flags and banners --Regulated. A. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of 25 feet above the ground. B. Flags and banners may be displayed on other commercial and industrial uses for a cumulative period of 60 days within each calendar year. The time limit commences when a banner permit is issued by the planning director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated city enforcement costs in causing the applicant to remove flags or banners shall be paid to the city treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of flags and banners: 1. Flags and banners must be removed by the owner or occupant within 15 days after a determination by the planning director that the display is improperly maintained or the flag or banner is tattered or worn. 2. Flags and banners shall not be displayed in lieu of a permanent sign. 3. Violation of the time limits established by Subsection B shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. 4. The restrictions of this Section shall also apply to signs and banners located within the first 8 feet of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. Except in shopping centers, large permanent signs (those exceeding 25 square feet in Ordinance No. 2009 — 5 Signs and Outdoor Advertising Displays area) may be installed on or along the face of a building in commercial, manufacturing or institutional zones, subject to the following specifications and restrictions: A. Signs shall be limited to one sign per business premise per frontage along a street, freeway, or parking lot. B. Sign area on the primary frontage shall not exceed thirty percent (30%) of the area of the building face or 4 square feet of sign for each linear foot of building face along that frontage, whichever is greater. C. Sign area on a secondary frontage shall not exceed fifteen percent (15%) of the area of the building face or 2 square feet per linear foot of secondary frontage, whichever is greater. D. The sign face shall not be located, such as by a cabinet, deep lettering, or architectural feature, more than 18 inches from a building face unless an exception is approved pursuant to site plan review. 18.62.120 Large permanent signs in shopping centers. Large permanent signs for businesses within a shopping center shall be limited to one per business premises per frontage on a common walkway, parking lot, driveway, alleyway, street, or freeway. The size and placement of these signs shall conform with the standards specified by Subsections 18.62.110(C) and (D) as well as standards that may be applied through any required city council or planning commission approval, including but not limited to a conditional use permit, planned development permit, specific plan, or variance. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. Any permanent sign measuring less than 25 square feet and not described elsewhere in this Chapter shall be considered a small permanent sign that shall only be permitted in commercial, manufacturing, and institutional zones as follows: A. Small permanent signs shall be permitted only in windows or along the face of a building. B. The total area of all small permanent signs and any allowable small temporary signs combined shall not exceed ten percent (10%) of the wall or elevation on which the sign is placed. 18.62.140 Pole -mounted or freestanding signs in commercial, manufacturing, and institutional zones. Pole -mounted or freestanding signs are permitted in the commercial and manufacturing zones, subject to the following requirements: A. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway, or parking lot, and may include a cluster sign identifying individual businesses on the parcel(s). B. The total area of any sign installed along the primary frontage shall not exceed 4 square feet per lineal foot of property on the primary frontage. C. The total area of any sign installed along each secondary frontage shall not exceed 2 square feet per lineal foot of property on the secondary frontage. D. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 18.62.150 Roof -mounted signs. A. Except as provided in Subsection B, signs shall not be installed on roofs in any zone. B. Roof signs may be authorized in commercial and manufacturing zones if the planning commission determines that no other form of sign arrangement can effectively serve to advertise on -premises goods, services, or businesses. The maximum total area of a roof sign shall not exceed thirty percent (30%) of the area of the front building face of the building upon Ordinance No. 2009 — 6 Signs and Outdoor Advertising Displays which the sign is to be located. Authorized roof -mounted signs shall not project outward over the face of the building. 18.62.160 Revolving signs in commercial and manufacturing zones. Signs that revolve shall be restricted to those that rotate 360 degrees and no more than 8 revolutions per minute. Revolving signs shall be permitted only in commercial and manufacturing zones. 18.62.170 Temporary signs permitted in all zones. A. Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at single-family residential construction projects shall be 20 square feet per street frontage. 2. The maximum area of signage at other construction projects shall be 50 square feet per street frontage. 3. For any request for square -footage exceeding the limits set forth in Subsections A.1. and A.2., a Temporary Use Permit is required, the granting or denial of which shall be based solely on objective criteria such as time, location, and size. 4. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two temporary signs on currently for sale or for lease property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed by this section per parcel per street frontage in commercial, manufacturing, multi -family, or institutional zones shall be 50 square feet. 2. The maximum area of signage allowed by this Section per parcel per frontage in single-family residential zones is 6 square feet. 3. These signs shall not be lighted. 4. Signs shall be removed within 10 days following the lease or sale of the premises on which the sign is displayed. C. Temporary off -site signs are prohibited in all zones, unless otherwise provided herein and by State law. D. Additional temporary signs erected due to an event are permitted as follows: 1. Commercial/Manufacturing/Multi-Family/Institutional Zones. a. One or more temporary signs, each of which is 32 square feet or less in area, shall be permitted per parcel. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent (10%) of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners.) c. This Section shall not apply to existing billboards. d. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2. Single-family Residential Zones. a. A maximum of 6 square feet of such total temporary signage is permitted per parcel, excepting corner lots, on which 16 square feet of such total temporary signage is permitted per parcel. b. Permission of the property owner or occupant where the sign is placed shall be required. c. No temporary signs are permitted in the public right-of-way. Ordinance No. 2009 — 7 Signs and Outdoor Advertising Displays E. Removal. If the signage was erected for an event, such signage shall be removed within 10 days after the event. 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. A projecting sign may be permitted in all commercial, manufacturing, and institutional zones, subject to the following conditions: A. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in subsection D. B. The maximum height of projecting signs shall be 12 feet, and may project above any eave or parapet of less than 12 feet in height, but may not project inward over any such eave or parapet. C. The maximum area of a projecting sign shall be 32 square feet. D. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width, but in no case shall the projection exceed that allowed for marquee signs as set forth in Appendix A of the National City Land Use Code. For the purpose of this Section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. E. No more than one projecting sign shall be placed on each street frontage per business premises. F. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. G. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. 18.62.185 Mobile billboards. A. It is unlawful for any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street or other public place within the city in which the public has the right of travel. B. Mobile billboard advertising includes any vehicle or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising. C. This section shall not apply to: 1. Any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements; 2. Buses; or 3. Taxicabs. 18.62.190 Signs for churches. The size and placement of signs for church uses shall be subject to Sections 18.62.110 through 18.62.180, and 18.62.200. For church uses located in the RM-1, RM-2 and RM-3 zones, the following may be displayed: One wall mounted sign not to exceed twenty square feet in area, and one freestanding changeable copy directory sign not to exceed 6 feet in height and 20 square feet in area; provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant. 18.62.200 Mural -type signs in commercial zones. Mural -type signs not exceeding 110 square feet in area shall be allowed in commercial zones in lieu of a fixed sign. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020(A), the following signs are strictly prohibited in all zones: Ordinance No. 2009 - 8 Signs and Outdoor Advertising Displays A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way. C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Sections 18.62.090(B) and 18.62.170(B), signs on vacant or unimproved land. F. Any sign whose intensity of illumination or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of 60 watts per bulb maximum, and shall not flash more than 60 times per minute. "Chasers" are prohibited. 2. High intensity neon lights, tubes, or flashing lights exceeding 60 watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Temporary or permanent off -site signs, including billboards, are prohibited except where otherwise provided by State law or herein I. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under Chapter 15.60. J. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding 25 square feet mounted on motor vehicles parked for more than 8 hours in any 24 hour period on private property. 18.62.220 Nonconforming signs. Any sign that is made non -conforming by enactment of Ordinance 2001-2192 may continue to be maintained or displayed subject to the provisions of Section 18.108.150 regarding the continuance and abatement of nonconforming signs. 18.62.230 Constitutional severability. The city council declares that the judicial invalidity of any section or portion of this Chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this Chapter. 18.62.240 Non-commercial speech. Anywhere that commercial signage is allowed, non-commercial signage is allowed subject to the same restrictions as those set forth for commercial signage, but not in addition to such allowance. -- Signature Page to Follow -- Ordinance No. 2009 — 9 Signs and Outdoor Advertising Displays PASSED and ADOPTED this day of , 2009. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Ordinance No. 2009 — 10 Signs and Outdoor Advertising Displays City of National City, California COUNCIL AGENDA STATEMENT `,AIEETING DATE May 5, 2009 AGENDA ITEM NO. 19 ITEM TITLE An Ordinance of the City Council of the City of National City Amending the Ilarbor District Specific Area Plan of the Local Coastal Program Pertaining to Signs. (Case File No. 2009-2 LCPA) PREPARED BY Peggy Chapii U16-4319 DEPARTMENT Planning Division EXPLANATION On April 22, 2009, the City Council conducted a public hearing on proposed changes Section 5.3.4 Signs of the Harbor District Specific Area Plan. The Council approved the proposed changes. The attached ordinance will fulfill that action. Environmental Review N/A Supplemental FIR was certified in 1999. No changes in land use are proposed therefore. no further environmental review is required. Financial Statement Approved By: N/A Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance BOARD / COMMISSION RECOMMENDATION On April 6, 2009, the Planning Commission recommended approval of the amendment to the Harbor District Specific Area Plan, Section 5.3.4 Vote: Ayes -Flores, Reynolds. Alvarado, Pruitt, ['arias. Absent: DeLaPaz, Baca ATTACHMENTS ( Listed Below) Resolution No. 7 Ordinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE HARBOR DISTRICT SPECIFIC AREA PLAN OF THE LOCAL COASTAL PROGRAM BY AMENDING SECTION 5.3.4 PERTAINING TO SIGNS BE IT ORDAINED by the City Council of the City of National City that the Harbor District Specific Area Plan of the Local Coastal Program is amended by amending Section 5.3.4 pertaining to Signs to read as follows: 5.3.4 Signs Signs in the Planning Area shall be regulated as follows: (a) Public access and directional signs shall be at a minimum be located at or near all street intersections, where public accessways cross each other or with streets, at and near the 24th Street Trolley Station, and along 1-5 north and south of the 24th street off -ramps. Signs shall be consistent with the format and appearance of the Joint Coastal Commission — State Coastal Conservancy Public Access Guidelines. (b) Building -mounted signs shall be allowed in Subareas A and B, provided that they : (1) Serve each Subarea respective commercial or marina -related industrial uses only; (2) Are consistent with the sizes permitted in Section 18.62.110 of the City of National City Land Use Code; (3) Do not illuminate any part of Paradise Marsh, adjacent delineated wetlands, habitat buffers, or environmentally sensitive areas; and (4) Are located at least one foot (1') below the Marsh View Plane. (c) Poles signs and roof -mounted signs are prohibited throughout the Planning Area. (d) Off -site commercial advertising signs are prohibited throughout the Planning Area. (e) No provision of this Section shall be deemed to supersede applicable and more stringent provision of the National City Land Use Code regarding signs. (f) Environmental, Cultural, and historical interpretive signs may be placed in park and plazas, along public accessways and bicycleways, and along the landward side of habitat buffers in consultation with, and pursuant to agreement of, the USFWS, provided they are compatible with the Marsh View lane and all applicable provisions of Chapter 3. Environmental interpretive signs should identify and explain the native plants and animals within the National Wildlife Refuge, adjacent delineated wetlands, wetland habitat buffers, Paradise Creek, and other nearby environmentally sensitive areas. (g) Up to three (3) official flags as defined in the Land Use Code may be displayed provided the flag poles do not exceed thirty feet (30') in height, are not located within the Marsh View Plane, and are provided with nixilite, or similar material, where appropriate to discourage perching of raptors. (h) All other signage shall be consistent with Land Use Code Chapter 18.62. PASSED and ADOPTED this day of , 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2009 Ordinance 2 Harbor District Specific Area Plan: Signs City of National City, California COUNCIL AGENDA STATEMENT FETING DATE: May 5, 2009 AGENDA ITEM NO. 20 , "EM TITLE Resolution of the City Council of the City of National City accepting the donation \ of a James Hubbell's art piece to the Library for a value of $8,404 from the Friends of the Library in consistence with City Council's Donation Policy #204. PREPARED BY EXPLANATION M. Duon i DEPARTMENT Library 470-5882 The Friends of the Library respectfully request City Council's acceptance of an art piece designed by internationally known artist James Hubbell. The art piece consists of a 67' x 55" leaded colored glass panel, to be affixed to the inner side of a window in the library's Young Adult area. Its cost is fully defrayed through the Evelyn Jenkins Memorial Fund held by the Friends of the Library. Evelyn was an active member of the Friends of the Library. Her family established the memorial fund and has requested it to be used to purchase the art piece in her memory. This gift will come at no extra cost to the City as it includes installation as well. Environmental Review ✓ N/A Financial Statement Account No. STAFF RECOMMENDATION Acceptance of donation. BOARD / COMMISSION RECOMMENDATION Donation approved by the Board of Trustees on January 14, 2009. ATTACHMENTS ( Listed Below) Resolution No. (9) Information packets. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE NATIONAL CITY PUBLIC LIBRARY TO ACCEPT A DONATION OF A JAMES HUBBELL ART PIECE VALUED AT $8,404 FROM THE FRIENDS OF THE LIBRARY CONSISTENT WITH CITY COUNCIL POLICY NO. 204 WHEREAS, the Friends of the Library (the "Donor") desire to donate an art piece, with a value of $8,404, by the internationally known artist James Hubbell in memory of Evelyn Jenkins, a former member of Friends of the Library; and WHEREAS, this donation is in compliance with City Council Policy No. 204, "Donation Acceptance Policy", and shall vest title in the art piece with the City, provided that in the event the City Council should determine in the future that the work of art shall be removed from the Library, the City shall first give the Donor the option to take ownership of and remove the work of art from the Library at the Donor's sole cost and expense. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the National City Public Library to accept the donation of an art piece, valued at $8,404, by the internationally known artist James Hubbell in memory of Evelyn Jenkins, a former member of Friends of the Library. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA .-c. NATIONAL CHIP 'NCiOS POAATED UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY The Friends of the National City Public Library (hereinafter referred to as "the Donor") hereby makes an (Name of Donor) unconditional donation, in perpetuity, of a 67" x 55" leaded colored glass panel designed by artist James Hubbell featuring a Firebird to be affixed to the inner side of a window in the library's Reference/Young Adult area (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City (the "City"). The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said Donation for any public purpose that the City desires. Due to the nature of the donation, namely, a work of art, and the site on which it is installed, the Donor and his/her/its agents, heirs, successors and assigns hereby waive any and all rights they may have under the California Art Preservation Act, as set forth in Civil Code Section 987. The Donor agrees that upon completion, the physical work of art which is created or installed pursuant to this Agreement shall be transferred to and shall vest in the City of National City, and the Donor hereby expressly waives and releases all rights of ownership to the work of art, including those under Civil Code Section 988. The Donor, his/her agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil Code Section 989. Notwithstanding the foregoing, the parties acknowledge that it is the Donor's intent that the work of art being donated herewith be displayed for an indefinite period of time in the National City Public Library. Accordingly, in accepting the donation, the City agrees that in the event its City Council should determine in the future that the work of art shall be removed from the Library, the City shall first give the Donor the option to take ownership of and remove the work of from the Library at the Donor's sole cost and expense. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, resulting from or arising out of the City's use of the Donation. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: DONOR: The Friends of National City Public Library Gloria Bird, President Dated: CITY OF NATIONAL CITY By: Ron Morrison, Mayor MEETING DATE: May 5, 2009 ITEM TITLE: Resolution authorizing the allocation of funds in the amount of $291,000 from Parks and Recreation Capital Outlay : nd to the Kimball Park Soccer Project. PREPARED BY: Maryam %� �ud . . . ek" DEPARTMENT Engineering Community (619) 336-4383 (619) 336-4560 Services City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 21 EXPLANATION: Additional funds are necessary to complete the Kimball Park Soccer Field Project. Funds are available in the Parks and Recreation Capital Outlay Undesignated Fund Balance, 115-2501. Funds are to be appropriated to Account 115-409-500-598-4076. Environmental Review N/A Financial Statement Funds are available in the Parks and Recreation Capital Outlay Undesignated Fund Balance, 115-2501. Funds are to be appropriated to Account 115-409-500-598-4076. STAFF RECOMMENDATION Approve the resolution BOARD/COMMISSION RECOMMENDATION N/A T1TTACHMENTS (Listed Below) Resolution No. . Resolution RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $291,000 FROM THE PARKS AND RECREATION CAPITAL OUTLAY FUND TO THE SOCCER ARENA PROJECT WHEREAS, an allocation of funds from the Parks and Recreation Capital Outlay Fund Balance to the Soccer Arena Project Account is necessary to complete the Kimball Park Soccer Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following allocation of funds: FROM: Account No. 115-2501 Parks and Recreation Capital Outlay Fund Balance TO: Account No. 001-411-000-259-0000 Soccer Arena Project AMOUNT: $291,000.00 PURPOSE: To complete the Kimball Park Soccer Project. PASSED and ADOPTED this 5th day of May, 2009. 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 5, 2009 AGENDA ITEM NO. 22 / ITEM TITLE A resolution approving a Memorandum of Understanding by and among the City of Chula Vista, the City of National City, the Community Development Commission of the \\ City of National City and NCSDI No. 1 L.L.C. related to plans processing, environmental impacts analysis, taxation and cooperation for a proposed commercial project on 26.57 acres currently known as the Harbor Drive In which is located both in the City of National City and the City of Chula Vista. PREPARED BY Patricia Beard ext 4255 � Redevelopment Manager DEPARTMENT Community Development EXPLANATION Sudberry Properties, Inc., a commercial developer, has entered into an Option to Lease with the Derr Family, owners of the Harbor Drive In to pursue the development of a shopping center including an estimated 270,000 square feet of retail space. The parties, forming a Limited Liability Corporation ("LLC") called NCSDI No. 1, LLC have also entered into an Exclusive Negotiation Agreement with the National City Community Development Commission ("CDC") to consider adding 58,577 square feet of adjacent land owned by the CDC (APN# 562-321-08-00) into the project. The parcels identified for the project straddle the border between the City of Chula Vista and the City of National City. The attached Background Report and Memorandum of Understanding ("MOU") detail cooperative arrangements proposed between the parties and the respective Cities regarding plans processing, analysis required by the California Environmental Quality Act ("CEQA"), handing of taxes generated by the project and management of project impacts. s. Environmental Review Not applicable. Financial Statement Each party bore its own costs for the drafting and negotiation of this MOU. The City of National City's costs were limited to staff time only. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL: 2) Achieve fiscal sustainability; 9b) Draw attention to important Gateways and intersections. ATTACHMENTS 1. Background Report 2. Proposed MOU Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION, AND NCSDI NO. 1, LLC RELATED TO PLANS PROCESSING, ENVIRONMENTAL IMPACTS ANALYSIS, TAXATION, AND COOPERATION FOR A PROPOSED COMMERCIAL PROJECT ON 26.57 ACRES CURRENTLY KNOWN AS THE HARBOR DRIVE-IN WHICH IS LOCATED BOTH IN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA WHEREAS, the City of National City and the City of Chula Vista have an uneven common boundary line running approximately east and west along the Sweetwater River Channel ("Channel") between Interstate 5 on the west and Interstate 805 on the east; and WHEREAS, developer Sudberry Properties, Inc., has an option to lease certain property referenced in this Memorandum of Understanding ("MOU") as Areas A, B, and C, comprised of multiple parcels adjacent to each other, located in both National City and Chula Vista, and desires to develop the entire property as one project; and WHEREAS, 9.22 acres ("Area A") is located in Chula Vista's jurisdiction, north of the Channel adjacent to the common boundary line between the two cities; and WHEREAS, 17.98 acres ("Area B") is located in National City's jurisdiction, north of the Channel adjacent to the common boundary line between the two cities; and WHEREAS, APN No. 562-321-08-00 ("Area C") is located in National City's jurisdiction and is owned by the National City Community Development Commission ("CDC"), and is subject of an Exclusive Negotiating Agreement between the CDC, Sudberry, Derr Family Ventures LP, and Derco Properties LLC (collectively the owners of Areas A and B); and WHEREAS, NCSDI, No. 1, L.L.C., proposes to develop a project commonly referred to as the Gateway Development including 270,000 square feet of retail space and accompanying improvements such as parking, lighting, signagem, and lighting, and has submitted a preliminary site plan for development of the Property to Chula Vista and National City to accomplish the project; and WHEREAS, National City and Chula Vista each have the power to adopt and enforce land use regulations, approve land use entitlements, and administer and apply building and other development codes; and WHEREAS, National City and Chula Vista desire to mutually cooperate in the planning and development of Areas A, B, and C; and WHEREAS, the Parties wish to cooperate with one another to ensure the following: Resolution No. 2009 — May 5, 2009 Page 2 1. That each jurisdiction is fully informed about the portion of the Gateway Development to be constructed in the adjacent jurisdiction, and the potential impact of the Gateway Development on each jurisdiction's public facilities; 2. One environmental document is completed and available for certification for the Gateway Development in which National City acts as the lead agency and Chula Vista is a Responsible Agency; 3. Adequate funding is available for all required public improvements, and that the adjoining jurisdiction will cooperate relative to completion of the public improvements and required traffic mitigation measures for the project; 4. Site planning of the Gateway Development is coordinated between National City and Chula Vista to ensure appropriate internal traffic circulation and ingress to and egress from the public street system; 5. The timing of public hearings and discretionary actions are coordinated between the Parties, so that public hearings and discretionary actions are calendared in a coordinated and complimentary fashion between National City and Chula Vista; and WHEREAS, the Parties wish to jointly consider the funding sources available to provide the required public improvements necessary to the project. NOW THEREFORE BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Memorandum of Understanding by and among the City of Chula Vista, the City of National City, the Community Development Commission of the City of National City, and NCSDI No. 1 L.L.C., related to plans processing, environmental impacts analysis, taxation, and cooperation for a proposed commercial project on 26.57 acres currently known as the Harbor Drive -In, which is located within the City of National City and the City of Chula Vista. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 BACKGROUND REPORT Rationale: In order to revitalize a key boundary location/gateway for both the City of National City and the City of Chula Vista, to create several hundred jobs and realize significant sales and property tax revenue, the Cities of National City and Chula Vista desire to mutually cooperate in the planning, analysis, plan check and permitting for the proposed Gateway shopping center being planned by Sudberry Properties, Inc. The intent of such cooperation is: • to provide thorough yet expeditious review of plans and compliance with local and state review requirements; • to unify a cohesive attractive design; • to formalize a method for the Cities to work together on the project; • to agree in advance how the affected parties and jurisdictions will handle costs associated with cooperating; • to ensure adequate understanding of proportionate impacts such as traffic to each municipality; • to understand in advance how such impacts will be addressed and the effect of resulting impact fees and/or projects on the developers' costs; and • to understand and agree in advance about how sales taxes and other revenues from the project will be allocated and how they will be charged to the developer's incoming tenants. Project overview: The project site includes 26.57 acres of which 17.98 acres is in National City and 9.22 acres is in Chula Vista. The site is located east of National City Boulevard immediately north of State Route 54 and enjoys east- and westbound freeway access at National City Boulevard, as well as access from the southern D Avenue terminus in National City. The CDC owns a small property fronting on National City Boulevard immediately north of the site and south of the Keystone Trailer Park. (Please see map exhibited in MOU.) Lowe's home improvement store has signed a Letter of Intent with Sudberry to anchor the project, which would also include other stores and restaurants, totaling an estimated 270,000 square feet of retail space. A site plan exhibited in the MOU shows how the stores would be situated relative to the City boundary and CDC -owned site. Sudberry hopes to complete the project and have the stores open for business in late July, 2011. Chula Vista Gateway MOU Background Report Page 1 of 4 Land use planning, entitlements and building code cooperation clauses: 1. National City and Chula Vista will agree on standards for determining if a development application made by the developer is "complete" for review purposes; 2. Sudberry may request fee deferrals from each City as is allowed by each City's municipal code and policies; 3. National City will charge its normal permitting fees and deposits; 4. Each City will "process" the plans for improvements to be developed in its own jurisdiction and Chula Vista will pay for staff and consultant time by using a Fee Schedule exhibited in the MOU; 5. National City and Chula Vista will each use their best efforts to accommodate the "Approval Schedule" exhibited in the MOU and will provide written notice to all parties should it be realized that a "target date" in the Schedule will not be met; and 6. National City and Chula Vista apply the same building code so there is no anticipated conflict. California Environmental Quality Act ("CEQA"): 1. One environmental document per CEQA will be prepared; 2. National City will serve as "lead agency" per CEQA and Chula Vista and the CDC will be "responsible agencies" per CEQA. National City's policies and practices per CEQA will be followed*; 3. Where National City and Chula Vista have differing standards regarding significance thresholds related to environmental impacts, National City will consider Chula Vista's thresholds but will retain sole authority to establish and impose significance threshold standards related to environmental impacts; and 4. Chula Vista will be provided an opportunity to review the draft CEQA document and provide comments to National City for 10 working days in advance of public issuance of said document; * information about the definition of "lead" and "responsible" agencies per CEQA is available from the National City Planning and Building Department. Unifying a cohesive design: The Chula Vista municipal code allows for a "P-Precise Plan" process to apply unique development standards to projects when it is in the best interest of its community. Sudberry will make application to Chula Vista for a P-Precise Plan which, if approved, will have the following results: 1. Design standards for architecture and landscape applied to the project will be National City's design standards; Chula Vista Gateway MOU Background Report Page 2 of 4 2. Chula Vista's design review of the project will be based on National City's development standards; and 3. Chula Vista and National City have different parking standards for shopping centers. National City's parking standards will apply to the entire project. How the Cities will work together: 1. Each City's executive team will assign members of its staff to work on the project; 2. The resulting work group will meet on the second and fourth Tuesday of each month at 9:00 a.m. at National City City Hall for purposes of coordination; and 3. Either City will notify the other, in writing, 10 days in advance of any public hearing or action related to the project including documents to be used in said hearing or action. The parties will make a good faith effort to meet regarding any such public hearing or action a week in advance of such a public meeting. Development impact fees ("DIFs"): National City DIFs are charged as part of the building permit process, meaning that Sudberry will only pay such fees for structures to be built in the City of National City. Chula Vista charges a variety of DIFs and will, as allowed by its municipal code, allow Sudberry to apply for alternative formulas related to DIFS to be applied based on proportionate impacts on public facilities (such as police stations, libraries and parks) caused by the project to Chula Vista. National City does not impose a Transportation DIF on commercial projects, however Chula charges a Western Transportation DIF to commercial projects developing on the City's Westside. Chula Vista will recommend that its City Council apply the Western Transportation DIF by a formula that recognizes the actual amount of traffic impact to City of Chula Vista streets. Chula Vista agrees to use best efforts to establish fair share funding with National City for public infrastructure to benefit the project through its Capital Improvement Project budget process. Taxing and tax allocation: Both National City and Chula Vista stand to receive significant tax revenues if the project is successful. However each City has different taxes and tax rates. The following is recommended: 1. Sales and uses taxes shall be collected only once at each "point of sale" and allocated to the jurisdiction constituting the "point of sale". Sales Chula Vista Gateway MOU Background Report Page 3 of 4 taxes shall be allocated to the City in which the cash register for the transaction is located; 2. A cost -revenue analysis will be conducted regarding the National City projected property taxes. Except for the CDC -owned site, the project site is outside of the redevelopment project area. Chula Vista Gateway MOU Background Report Page 4 of 4 ATTACHMENT 2 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is entered into this day of , 200 by and among, THE CITY OF CHULA VISTA, a municipal corporation having charter powers ("Chula Vista"), THE CITY OF NATIONAL CITY, a municipal corporation ("National City"), THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION, a public entity corporate and politic (the "CDC"), and NCSDI No. 1, LLC, a California limited liability corporation ("Sudberry") (Chula Vista, National City, the CDC, and Sudberry are hereinafter individually referred to as a "Party" and collectively referred to as the "Parties") with reference to the recitals set forth below which are incorporated herein by reference as if set forth fully. RECITALS A. National City and Chula Vista have an uneven common boundary line running approximately east and west along the Sweetwater River Channel ("Channel") between Interstate 5 on the west and Interstate 805 on the east. B. Sudberry has an option to lease certain property, comprised of multiple parcels adjacent to each other, located in both National City and Chula Vista, and desires to develop the entire property as one project. Generally, there are three areas of properties that are the subject of this MOU, and are referenced as Areas A, B, and C. C. Sudberry has an option to a lease in Areas A and B. Area C is owned by the CDC. While there are 14 parcels involved in this project, for ease of reference, they will be referred to by the respective "Areas." D. Area A is located in Chula Vista's jurisdiction, north of the Channel adjacent to the common boundary line between the two cities, and is shown on Exhibit "A" as the green cross -hatched parcel between National City Boulevard and D Avenue ("Area A"). While Area A is in Chula Vista's jurisdiction, it is surrounded on three sides by the City of National City and bordered by the SR-54 freeway on the fourth side. Any development of Area A may directly affect and impact National City and Chula Vista. E. Area B is located in National City's jurisdiction, north of the Channel adjacent to the common boundary line between the two cities, and is shown on Exhibit "B" as the green cross -hatched parcel between Highland Avenue and D Avenue ("Area B"). Any development of Area B may directly affect and impact National City and Chula Vista. F. Area C is located in National City's jurisdiction. The CDC owns this parcel of property immediately west and adjacent to Area A, shown on Exhibit "C" ("Area C"), which provides a logical linkage to Area A as part of an overall development, and which Sudberry would like to have developed as part of the overall project. Area C is the subject of an Exclusive Negotiating Agreement between the CDC, Sudberry, Derr Family Ventures LP, and Derco Properties LLC. Any development of Area C may directly affect and impact National City and Chula Vista. W02- WBST:8B1M I \401090580.20 -1- G. Sudberry's leasehold interest is further described in Exhibit "D" and shown on Exhibit "E" ("Property") of this MOU. Sudberry has proposed to purchase Area C from the CDC ("CDC Property"). If the CDC Property is purchased by Sudherry, then the Property and the CDC Property shall collectively be referred to as the "Property." Any possible purchase will be addressed in a separate Disposition and Development Agreement, if such document is approved by the CDC. H. The proposed project is commonly referred to as the Gateway Development. The location of the proposed project ("Project Site") is depicted on Exhibit "F". The Project Site is approximately 26.57 acres, of which 17.98 acres are located within National City and 9.22 acres are located within Chula Vista. The Project Site is bounded by National City Boulevard, F Avenue, and State Route 54. Sudberry has submitted the preliminary site plan at Exhibit "F" of this MOU for development of the Property to Chula Vista and National City. The site plan shows that part of the property would be located within the boundaries of Chula Vista, within the boundaries of National City and within the National City Redevelopment Project Area. I. National City and Chula Vista desire to mutually cooperate in the planning and development of Areas A, B, and C. National City and Chula Vista each have the power to adopt and enforce land use regulations, approve land use entitlements, and administer and apply building and other development codes. National City and Chula Vista desire to mutually cooperate with each other in the processing and review of the Gateway Development. J. The Parties hereto wish to cooperate with one another to ensure that the processing of the Gateway Development is orderly and coordinated, including without limitation the provision of public services, the application of design, landscaping, and building standards, the study of environmental effects under the California Environmental Quality Act ("CEQA") and mitigation of impacts, a streamlined schedule for processing CEQA review and project approvals, the imposition and collection of fees for development impacts, and the way in which sales and use taxes from the Gateway Development would be allocated between National City, the CDC, and Chula Vista. K. Under CEQA Guidelines section 15050, where a project is to be carried out or approved by more than one public agency, one public agency shall serve as the lead agency and be responsible for preparing an EIR or negative declaration for the project The other public agency serves as a responsible agency that must consider the lead agency's CEQA document before acting on the project. The lead agency's determination on whether to prepare an EIR or negative declaration is generally conclusive. L. Under CEQA Guidelines section 15051(d), in cases where two public agencies have a substantial claim to be the lead agency, the public agencies may by agreement, contract or other means designate one public agency to be the lead agency and provide for cooperative efforts. Both Chula Vista and National City have a substantial claim to be the lead agency, but have entered into this cooperative MOU designating (1) National City as the lead agency since the majority of the property is in National City and (2) Chula Vista as a responsible agency with expanded rights to review the project as identified herein. W02-WEST:8 BJ M 1 \401090580.20 -2- M. Pursuant to CVMC sections 19.56.040 and 19.56.048 and section A(3) of the Chula Vista development application procedural guidelines, the P-Precise Plan may be used to supplement or supersede Chula Vista's otherwise applicable guidelines, standards, and regulations. N. To avoid duplicative, conflicting regulations and to implement the cooperative intent of this MOU and avoid conflicting guidelines, standards and regulations between the jurisdictions, the parties anticipate Sudberry will submit an application for a P-Precise Plan in accordance with Chula Vista Municipal Code ("CVMC") sections 19.56.040-048 that would allow Chula Vista to apply National City's guidelines, standards and regulations within Area A to the extent they conflict with Chula Vista's guidelines, standards and regulations. O. It is anticipated that the project will generate impacts to both jurisdictions and the Parties wish to assure that the burdens of development and required impact fees correspond proportionately to the impacts on each jurisdiction. To implement the cooperative intent of this MOU, the parties anticipate Sudberry will submit an application for modification of Chula Vista's Public Facilities Development Impact Fees ("DIF") and Western Transportation Development Impact Fees ("WTDIF") in accordance with CVMC sections 3.50.160 and 3.55.160. Sudberry and Chula Vista staff anticipate the modified WTDIF would be proportionately related to the burdens of the proposed development generally in accordance with the following formula: WTDIF amount per acre times total project acres in Chula Vista times percentage of total project ADTs in Chula Vista equals modified WTDIF payment to Chula Vista. P. To facilitate payment of impact fees over a period of time in a manner that facilitates an applicant's ability to secure available and affordable project financing and to implement the cooperative intent of this MOU, the parties anticipate Sudberry will submit an application for deferral of payment of all impact fees ("Fee Deferral Plan") in accordance with applicable rules of each jurisdiction. Q. In light of the complexity of this cross jurisdictional project, the economic downturn, and the importance of removing obstacles to economic stimulation, Chula Vista and National City staff support and recommend use of the P-Precise Plan process, modification of WTDIFs, and adoption of a Fee Deferral Plan, subject to the rights of the City Council of Chula Vista and the City Council of National City to exercise their independent discretion at the time the P-Precise Plan, modification of WTDIFs, and Fee Deferral Plan applications are processed. R. Proposed development of the Project Site (the "Gateway Development") is expected to include a rezone, coastal development permit, a P-Precise Plan and a design review permit from Chula Vista; a planned development permit, rezone, coastal development permit and general plan amendment from National City, and is expected to require redevelopment financing provided by the CDC. Sudberry may process an application for the P-Precise Plan, along with any modifications of DIFs and WTDIFs and Fee Deferral Plans, pursuant to applicable Chula Vista Municipal Code provisions. W02-WEST:8BJM 1\401090580.20 -3- S. The Parties wish to cooperate with one another to ensure that: 1. Each jurisdiction is fully informed about the portion of the Gateway Development to be constructed in the adjacent jurisdiction and the potential impact of the Gateway Development on each jurisdiction's public facilities; 2. One environmental document is completed and available for certification for the Gateway Development in which National City acts as the lead agency and Chula Vista is a Responsible Agency; 3. Adequate funding is available for all required public improvements and that the adjoining jurisdiction will cooperate relative to completion of the public improvements and required traffic mitigation measures for the project; 4. Site planning of the Gateway Development is coordinated between National City and Chula Vista to ensure appropriate internal traffic circulation and ingress to and egress from the public street system; and 5. The timing of public hearings and discretionary actions are coordinated between the Parties, so that public hearings and discretionary actions are calendared in a coordinated and complimentary fashion between National City and Chula Vista. T. The Parties wish to jointly consider the funding sources available to provide the required public improvements. The Gateway Project is expected to impact both jurisdictions. Given the physical location of the project, it is anticipated that the development may impact National City resources to a greater degree, and financially benefit both jurisdictions. In recognition of such circumstances and the complexity of this cross jurisdictional project, Chula Vista will make "best efforts" to establish fair share funding for said public improvements through its Capital Improvement Program and Chula Vista staff support and recommend including a fair share of the funding for the Project's off -site improvements in Chula Vista s Capital Improvement Program. AGREEMENT NOW THEREFORE, in consideration of the above recitals and for good and valuable consideration the receipt and sufficiency of which the Parties hereby acknowledge, Chula Vista, National City, the CDC and Sudberry hereby agree as follows: 1. Parties Agree to Meet and Confer. 1.1 The City Council of Chula Vista hereby authorizes and directs the Director of Development Services, his or her designee to meet, confer and exchange information with the other Parties to this MOU and with the developers of the Gateway Development regarding the Gateway Development. W02-WEST:8B1M 1 \401090580.20 -4- 1.2 The City Council of National City and the CDC authorize and direct the Executive Director of the CDC or his designee to meet, confer, and exchange information with the other Parties to this MOU and with the developers of the Gateway Development regarding that project. 1.3 The Parties shall establish a Working Group, with each Party designating its key contacts who will be members of the Working Group. The members of this Working Group will make best efforts to attend the meetings set by the Parties. The meetings will be attended by those in the Working Group when agenda issues related to their areas are identified. Smaller meetings of select members of the Working Group to address discrete issues may be scheduled by the Working Group. Designated representatives of National City, the CDC, and Chula Vista shall meet at the locations, dates, and times set forth in the schedule attached as Exhibit "G", or as needed, as a "Working Group" to review and summarize the status of processing the approvals for the Gateway Development, coordinating dates and times, and communicating issues or questions that arise for either National City or Chula Vista with regard to the coordinated processing of the Gateway Development. 1.3.1 Chula Vista's key contacts include one or more representatives each from the following departments: (a) Chula Vista's Development Services Department (including one or more representatives each from the Planning Division, Land Development Engineering Division, and Building Division); (b) Chula Vista Fire Department; and, (c) Chula Vista City Attorney's office. 1.3.2 National City's key contacts include one or more representatives each from the following departments: (a) National City Department of Planning and Building (including one or more representatives each from the Planning Division and the Building Division); (b) National City Fire Department; (c) National City Engineering Department; (d) National City City Attorney's office; and, (e) Community Development CDC. 1.3.3 Sudberry's key contacts include: (a) One or more representatives designated by Sudberry. W02-WEST:813JM 1A01090580.20 -5- 1.4 Each Party agrees that prior to any Party holding a public hearing or taking any discretionary action relating to the Gateway Development, the Party holding the hearing or considering taking action shall provide the other Parties with (a) ten days, or earlier if in accordance with applicable law, written notice of such pending hearing or action; (b) a copy of any and all written material including but not limited to staff reports and environmental documents which will be provided to decision makers; and, (c) make a good faith effort to meet with other Parties to this MOU at least one week prior to any hearing or discretionary action to discuss matters of mutual concern. 2. Goals of Meet and Confer Process. 2.1 Provide an open exchange of information and concerns pertaining to the Gateway Development; 2.2 Reach mutual agreement on all items of mutual concern relating to the Gateway Development including but not limited to the issues set forth in Section 3 below; and 2.3 Determine whether more formal cooperation, financing or other agreement is necessary to implement the Gateway Development, and if so, to agree on the proposed terms of such implementing agreement and make recommendations regarding any proposed agreement to their respective governing bodies. 3. Issues for Discussion. The following issues will be the subject of on -going discussions amongst the Parties, but will not preclude the Parties from discussing other relevant issues: 3.1 Coordination of the environmental document between the Parties; 3.2 Design of the Gateway Development including but not limited to mutually agreeable design criteria and opportunities for Parties to review architectural design, site plan, signage and landscape plan of the Gateway Development; 3.3 Impact of the Gateway Development on public facilities, including but not limited to: 3.3.1 An integrated plan for internal traffic circulation within the Gateway Development; 3.3.2 An integrated plan for vehicular ingress to and egress from the Gateway Development; 3.3.3 Mutual agreement as to the specific improvements to the public rights of way including streets, traffic signals, utilities and other public facilities required to accommodate the Gateway Development across the National City and Chula Vista jurisdictions; and, 4. Commitments of the Parties Regarding the Environmental Review Process. The Parties agree to the following roles and obligations regarding the preparation of processing the W02- W EST: 8131M 1 k101090580.20 -6- Gateway Development through the California Environmental Quality Act, California Public Resources Code section 21000, et seq. ("CEQA"): 4.1 Lead Agency. Chula Vista and National City agree that National City shall be the "lead agency," as the term is defined in Public Resources Code section 21067 and as used throughout CEQA and 14 California Code section 15000, et seg. ("CEQA Guidelines"), for the environmental review of the Gateway Development. National City shall have all discretion to fulfill the obligations of a CEQA lead agency with respect to the Gateway Development. 4.2 Thresholds and Guidelines. As lead agency for the Gateway Development, National City shall use the National City CEQA Guidelines and National City rules, regulations, and policies pertaining to CEQA processing, as well as all applicable state law, in its CEQA processing, including but not limited to, the selection of consultants. In assessing whether impacts of the Gateway Development arc significant under CEQA, National City, as the lead agency, shall use the same thresholds of significance ordinarily used by National City for projects occurring entirely within the boundaries of National City. Chula Vista and National City may have differing significance thresholds for impacts. The Parties agree that National City will determine the thresholds to be used because it is the lead agency, and the Proposed Project is predominantly in National City, will predominantly impact National City, and Parcel A (located within Chula Vista) is surrounded on three sides by National City. 4.3 National City, as lead agency, shall consider any competing standard of significance proposed by Chula Vista, and shall, in its sole discretion, use such standards of significance as it believes are warranted. National City and Chula Vista shall meet and confer in good faith to resolve any discrepancies between the standards of significance in National City and Chula Vista. Nothing in this section shall be interpreted to modify or limit National City's discretion as a lead agency in fulfilling its obligations under CEQA. 4.4 Chula Vista and the CDC shall be "responsible agencies" for the Gateway Development as that term is defined in Public Resources Code section 21069 and as used throughout CEQA and the CEQA Guidelines. In addition to those rights that Chula Vista and the CDC have as responsible agencies, Chula Vista and the CDC shall have the additional rights of review and comment as set out in section 6.6 of this MOU. Chula Vista shall charge Sudberry for time spent by City officials reviewing technical reports, responses to comments and CEQA findings as a responsible agency in accordance with Exhibit "I." 4.5 National City, as lead agency, shall be responsible for preparing the environmental document for the Gateway Development. As responsible agencies, Chula Vista and the CDC shall use National City's environmental document when acting on or approving the Gateway Development. 4.6 The environmental review of the Gateway Development shall be conducted in accordance with CEQA (California Public Resources Code Section 21000, et seq.), California CEQA Statutes and Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), and the rules, regulations, and procedures for implementation of CEQA, as adopted by National City. W02-WEST:8B]M 1 W01090580.20 -7- 4.7 Chula Vista desires to review the environmental document prior to a draft document being released for public comment. As part of this cooperative effort between National City and Chula Vista, National City will provide Chula Vista with a copy of a rough draft of the environmental document, including supporting technical studies, prior to the final draft document being prepared for release for public comment. Chula Vista will have the opportunity to provide comments on this rough draft or portions thereof, which are also commonly known as screen checks. Chula Vista agrees to provide National City comments, if any, within 10 working days of receipt of the rough draft. National City will consider each of Chula Vista's suggestions and comments and make any such changes or revisions as it believes, in its sole discretion, are warranted. Nothing in this section shall be interpreted to modify or limit National City's discretion as a lead agency in fulfilling its obligations under CEQA. 4.8 National City, the CDC, and Chula Vista agree to use their best efforts to comply with the schedule set forth in Exhibit "H" ("CEQA and Approval Schedule"). National City, the CDC, and Chula Vista agree to use their "best efforts" to pursue the processing and preparation of the processing of CEQA in accordance with those "target dates" by taking the requisite action or actions for each target date specified in the CEQA and Approval Schedule, provided that the other Parties have substantially complied with their obligations specified in the CEQA and Approval Schedule which are a prerequisite to such action(s). If National City or any other Party believes that it will miss any "target date" in the CEQA and Approval Schedule, it shall provide written notice to the other Parties, accompanied by an explanation of why the "target date" was missed and an estimation of a "new target date" for the action and for any other actions that will be delayed as a result of missing the "target date." The other Parties and Working Group participants set forth in Section 1.3 of this MOU may request a meeting of the Working Group upon receiving the written notice that a "target date" has or likely will be missed. 5. Project Review and Fees. 5.1 Uniform Standard for Completion of Application. National City and Chula Vista shall agree within 30 days of the latest date applications are submitted to each agency to determine and agree upon the standards for determining when an application is "deemed complete". 5.2 Processing/Review Schedule. Once applications are deemed complete, National City, the CDC, and Chula Vista will use their best efforts to follow the schedule set forth in the CEQA and Approval Schedule (Exhibit "H") in reviewing the requested approvals for the Gateway Development. National City, the CDC, and Chula Vista agree to use their "best efforts" to pursue the processing and preparation of the processing of approvals in accordance with those "target dates" by taking the requisite action or actions for each target date specified in the CEQA and Approval Schedule, provided that the other Parties have substantially complied with their obligations specified in the CEQA and Approval Schedule which are a prerequisite to such action(s). If National City or any other Party believes that it will miss any "target date" in the CEQA and Approval Schedule, it shall provide written notice to the other Parties, accompanied by an explanation of why the "target date" was missed and an estimation of a "new target date" for the action and for any other actions that will be delayed as a result of missing the "target date." The other Parties and Working Group participants set forth in section 1.3 of this W02-WEST:8BJM 1\401090580.20 -8- MOU may request a meeting of the Working Group upon receiving the written notice that a "target date" has or likely will be missed. 5.3 Cooperation in_Processing. National City, the CDC, and Chula Vista shall cooperate in good faith to diligently pursue the initiation and processing of the applications for the Gateway Development, including, without limitation, executing all further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the intent and provisions of this MOU. National City, the CDC, and Chula Vista shall use their "best efforts" to cooperate with each other to comply with the CEQA and Approval Schedule and to pursue the processing and preparation of the processing of CEQA in accordance with the "target dates" established in Exhibit "H" by taking the requisite action or actions for each target date specified in the CEQA and Approval Schedule, provided that the other Parties have substantially complied with their obligations specified in the CEQA and Approval Schedule which are a prerequisite to such action(s). 5.4 Processing Fees. Chula Vista agrees that the differing financial incentives and pressures presented by different fee mechanisms would pose an obstacle to orderly cooperation between the staff of National City, the CDC and Chula Vista in processing the Gateway Development, and therefore, Chula Vista agrees to apply the processing fee, cost, and deposit mechanisms to all applications for any Chula Vista permit, map, or any other approval or entitlement related to the Gateway Development, in accordance with the schedule attached as Exhibit "I" ("Chula Vista Processing Fee Schedule"). In the event there is a substantial modification to the proposed project, the Chula Vista Processing Fee Schedule shall be subject to revision to cover the fees and costs incurred as a direct result of such modification. 5.4.1 Submittal Requirements. Submittal requirements, including but not limited to, forms, documents, and plans for all applications for development permits and approvals necessary for the Gateway Development, shall be those required by the approving City, unless otherwise provided herein. 5.5 Development Impact Fees/Mitigation Requirements. All development impact fees imposed by either National City, the CDC or Chula Vista on the Project shall be due and payable in accordance with the jurisdictions' applicable ordinances or any approved Fee Deferral Plan. Sudberry may seek a reduction or modification of impact fees in each jurisdiction. In Chula Vista, D1Fs and WTD1Fs may be modified pursuant to CVMC sections 3.50.160 and 3.55.160 through filing a fee modification application within 10 days after notice is given for the public hearing on a development permit application. 5.5.1 Costs of Public Improvements. It is anticipated that National City and/or the CDC may assist in constructing improvements and/or providing other forms of financial assistance to bring the Gateway Development to fruition. The Gateway Project is expected to impact both jurisdictions. Given the physical location of the project, it is anticipated that the development may impact National City resources to a greater degree, and financially benefit both jurisdictions via taxes. In recognition of such circumstances and the complexity of this cross jurisdictional project, Chula Vista will make "best efforts" to establish fair share funding for said public improvements through its Capital Improvement Program and Chula Vista W02-WEST-813.1M 1\401090580.20 -9- staff support and recommend including a fair share of the funding for the Project's off -site improvements in Chula Vista's Capital Improvement Program. 5.6 Reduced Parking. National City, Chula Vista, and the CDC recognize that applying the parking requirements of National City and Chula Vista on the Gateway Development may lead to inconsistencies and a requirement of the construction of parking in excess of actual need, which would distort the design of the Gateway Development. Therefore, the Parties that the Project shall provide mutual access and parking between the parcels in a manner that assures that National City's applicable parking standards are satisfied. Chula Vista staff will facilitate application of National City's parking standards via processing and review of Sudberry's application for a P-Precise Plan in accordance with CVMC sections 19.56.040-048. Chula Vista City Council shall exercise its independent discretion regarding the P-Precise Plan application, and, if approved, the P-Precise Plan shall govern development within Area A. 5.7 Design, Landscaping, Public Infrastructure, and Building Standards, Specifications, and Guidelines. National City, the CDC, and Chula Vista agree that uniform design, landscaping, public infrastructure and building standards, specifications, and guidelines should be used for the Gateway Development. National City and Chula Vista have both adopted the Uniform Building Code and therefore do not anticipate any material differences between their building standards. The Parties agree that the National City Design Guidelines, the National City Guidelines for On -Site Landscaping, and other guidelines as set out in the National City Municipal Code should be the design guidelines applicable to the Gateway Development and any off -site public improvements required to be constructed by the Gateway Development, with respect to the design review undertaken by each Party. The National City standards, specifications, regulations, and guidelines will apply to CEQA analysis, signage, stormwater and stormdrain systems, fire systems, water systems, grease interceptors, landscaping, hardscaping, and public infrastructure, among others. Chula Vista staff will facilitate application of the National City standards, specifications, regulations and guidelines via processing and review of Sudbcrry's application for a P-Precise Plan in accordance the CVMC sections 19.56.040-048. Chula Vista City Council shall exercise its independent discretion regarding the P-Prccise Plan application, and, if approved, the P-Precise Plan shall govern development within Area A. All building plans shall be submitted for review and approval to the jurisdiction where the proposed building is to be constructed. In the event a building is located in both jurisdictions, National City shall process the building permit. 5.7.1 Design Review Process. Design review, including evaluation of site plans, architectural and landscape components of the Gateway Development, shall be conducted in accordance with National City and Chula Vista rules, regulations, and ordinances, except as provided in section 5.7 above. Submittal requirements for design review will be the same for both jurisdictions. 6. Taxes. 6.1 Sales and Use Tax. Sales and use taxes shall be allocated to the Party whose territory constitutes the point of sale. For a parcel that is both within the territory of Chula Vista and National City, sales tax shall be allocated by the tax area code in use by the California State Board of Equalization assigned to the city, district, and redevelopment area (if W02-WEST:8BJM 1 \401090580.20 -10- any) the cash register is situated for the business. No Party shall require a seller to seek a se l'.. : ' Init from the California State Board of Equalization for more than one jurisdiction, or to the sales taxes from the seller's location to more than one tax area code. If any one city '11 « ;,• crs that the allocation of sales and use taxes is being allocated by the California State Lyualization differently from how it is envisioned to be allocated in this MOU, Chula Vista. National City, and the CDC (if applicable), shall each execute a joint written letter to the California State Board of Equalization requesting that allocation be performed according to this tvlOti. If the California State Board of Equalization is unwilling or unable under appli. IlN!c law to allocate the sales taxes accordingly, National City, the CDC, and Chula Vista sh their respective councils and/or boards, for their respective consideration and pos: is lipi:roval, a tax revenue allocation agreement or some other legal instrument that will redistribute the sales and use tax so that each jurisdiction would receive the same amount of sales and t: :,V proceeds as if the sales and use taxes were allocated according to this MOU. A proposed site plan is attached as Exhibit "F" ("Preliminary Site Plan"). If there are changes to the Preliminary Site Plan that will result in modifications of gross floor area within either the City of Chula Vista or the City of National City exceeding ten percent (10%) of that indicated in Exhibit "F" or replacement or removal of buildings from the placement indicated on Exhibit "F"," then this MOU shall be subject to renegotiation by the Parties. 6.2 Property Tax. National City and Sudberry shall mutually select a consultant to perform a cost -revenue analysis relative to National City associated with the Gateway Development. 7. Dispute Resolution. 7.1 In the event a Party, acting in good faith, believes another Party has violated, or is preparing to violate, the terms of this MOU, or in the event a Party identifies an unforeseen circumstance outside the control of the Parties that the Party in good faith believes directly and adversely affects the terms and conditions in this MOU, the Parties shall meet at a mutually convenient time to negotiate in good faith to resolve the dispute. 7.2 In the event that the Parties arc unable to negotiate to a mutually acceptable resolution of the dispute, the Parties may meet and agree to a formal dispute resolution process, which may include, but is not necessarily limited to, mediation by the San Diego County Supervisor representing District 1, mediation by some other third party, or binding arbitration. No Party, however, shall be required to enter into, or accept, binding arbitration. Where the Parties have agreed to submit a dispute to binding arbitration, the arbitrator's decision in such arbitration shall be final and binding on both Parties. The Parties will mutually select the potential mediators or arbitrators. 8. Exclusive Negotiation Agreement. National City, the CDC, and Sudberry will comply with an Exclusive Negotiation Agreement between the CDC, Sudberry, Derr Family Ventures LP, and Derco Properties LLC for the conveyance of the CDC Property to Sudberry. 9. Posting and Release of Bonds. A surety or performance bond shall be provided by Sudberry in the amount sufficient to guarantee completion of all grading and public improvements in National City and Chula Vista that are required for the Gateway Development W02-WEST:8131M I'401090580.20 -11- and are the sole responsibility of Sudberry. National City and Chula Vista shall be the beneficiary of this surety or performance bond, to the full extent allowed by the surety. Chula Vista staff will recommend to the City Council that the City not require any other bonds. 10. Independent CEQA Review. Nothing in this MOU is intended or shall be deemed to affect the independent judgment and analysis by National City, Chula Vista, or the CDC, as required by CEQA. 11. Allocation of Legal Expenses. Except as otherwise set forth in Exhibit "I" ("Chula Vista Processing Fee Schedule"), and any conditions of any permits or approvals, each Party shall bear its own costs relative to any costs or expenses incurred in compliance with, or in the drafting or negotiation of, this MOU, or the processing of any applications for any permit, map or other approval or entitlement related to the Gateway Development unless there is a substantial modification to the proposed project, in which case the Chula Vista Processing Fee Schedule is subject to revision. 12. Entire Agreement. This MOU contains all representations and the entire understanding among the Parties with respect to the subject matter of this MOU. Any prior correspondence, memoranda, or agreements, whether or not such correspondence, memoranda or agreements are in conflict with this MOU, and whether written or oral, are intended to be replaced in total by this MOU. Each Party warrants and represents that no representative of any other Party has made any oral representations or oral agreements not contained in this MOU. Each Party further warrants and represents that it has not relied upon any oral statements or promises made by any representative of any other Party to this MOU in executing this MOU. 13. Severability. The terms, conditions, and covenants of this MOU shall be construed whenever possible as consistent with all applicable laws and regulations. To the extent that any provision of this MOU, as so interpreted, is held to violate any applicable law or regulation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable, unless the deletion of such provision or provisions would result in such a material change to this MOU so as to cause the continuation of performance contemplated herein to be unreasonable. 14. Counterparts. This MOU may be executed in counterparts. 15. Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this MOU on behalf of the Party for whom he or she purports to sign. 16. Section I-Ieadings. The captions, subject, section and paragraph headings in this MOU are included for convenience and reference only. They do not form a part hereof, and do not in any way codify, interpret, or reflect the intent of the Parties. Said headings shall not be used to construe or interpret any provision of this MOU. 17. Third Party Beneficiaries. No third party is intended to be a beneficiary of this MOU. W02-WEST:813JM 1\401090580.20 -12- 18. Joint Preparation. This MOU and the provisions contained herein shall not be construed or interpreted for or against any Party hereto because said Party drafted or caused the Party's legal representative to draft any of its provisions. This MOU shall be construed without reference to the identity of the Party or Parties preparing the same, it being expressly understood and agreed that the Parties hereto participated equally or had equal opportunity to participate in the drafting thereof. 19. Parties Retain Discretionary Approval Rights. The Parties understand and acknowledge that each Party hereto reserves the right to exercise its full discretion as to all matters which it is, by law, entitled or required to exercise its discretion relative to the Gateway Development individually and collectively. Nothing in this MOU is to be construed as pre - committing any Party to a decision which requires a separate discretionary process. Each Party agrees and understands that by entering into this MOU no Party waives its right to review, object to, or challenge any action taken by any other Party to the MOU relative to the Gateway Development or any portion thereof. 20. Term. The Term of this MOU shall be one (1) year from the date of execution of this MOU by all Parties. This MOU may be extended for two additional one-year terms, upon agreement by the Parties. 21. Notice. All notices required or provided for by this MOU shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the principal offices of Chula Vista, National City, the CDC, and Sudberry as follows: To Chula Vista: To National City: To CDC: To Sudberry: w/ copy to: W02-WEST: BBJ M 1 W01090580.20 Chula Vista Mayor and Council Office 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager National City Mayor and City Council 1243 National City Boulevard National City, CA 91950 Attention: City Manager National City Community Development Commission 1243 National City Boulevard National City, CA 91950 Attention: Brad Raulston, Executive Director Sudberry Properties, Inc. 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 Attention: Mark Radelow Sheppard Mullin Richter & Hampton LLP 501 W. Broadway, 19th Floor San Diego, CA 92101 Attention: John E. Ponder -13- National City, Chula Vista, the CDC and Sudberry may change their addresses by giving notice in writing to the other Parties. Thereafter, notices, demands and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery or, if mailed, two (2) business days following deposit in the United States mail. Any notice under this Agreement may also be given by facsimile or other telecommunication device capable of transmitting and creating a written record, effective on receipt, or on the following business day if received after normal business hours. Such notices shall be addressed to the addresses of the entities set forth above. IN WITNESS WHEREOF, this Memorandum of Understanding has been executed by the Parties as of the last date set forth below. Dated: CITY OF CHULA VISTA By: Attest: By: Donna Norris, City Clerk Approved as to Form: By: Bart Miesfeld, City Attorney Cheryl Cox, Mayor Dated: CITY OF NATIONAL CITY By: Ron Morrison, Mayor W02-W EST:8B1M 1 \401090580.20 -14- Attest: By: Mike Dalla, City Clerk Approved as to Form: By: George Eiser, City Attorney Dated: THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION, a public entity corporate and politic By: Ron Morrison, Chairman W 02- W EST: 813JM 1 k301090580.20 -15- Attest: By: Brad Raulston, Secretary Approved as to Form: By: George Eiser, City Attorney Dated: NCSDI No. 1, LLC, a California limited liability corporation Approved as to Form: By: John E. Ponder, Esq. By: Its: W02-WBST:813J1\4 1 W01090580.20 -16- Exhibit A - Description of Area A Exhibit A Exhibit B - Description of Area B Exhibit B Exhibit C - Description of Area C Exhibit C EXHIBIT "D" Project Description 1. The Gateway at National City. Also noted as the "Derr Property" or "Swap Meet Site". The Gateway is an approximate 26 acre site bounded by National Boulevard to the west, F Street to the east, Highway 54 to the south. Acessor's Parcel Numbers: 562-280-29, 31, 44; 526-321-06; 562-322-01, 02, 26, 30; and a portion of Acessor's Parcel Numbers: 562-280-17, 22, 42; 562-252-06 2. Planned development consists of an approximate 270,000 square foot retail center to include approximately 7 buildings. Exhibit E - Map of Property Exhibit .E %ICO41TY MAP 11.I.T.31 MOBILE HOME PARK PARCEL A - rUEL stew' o►T1ON .NI RESUME- PARCEL A.°mow sin AREA 167464 V 14.31 ACM) II AW40 ARIA 774003E FAO 11.96% ►A111140, 104 STALLS L 0661 5�I0 pp; 4.4/ 1.000 �f16i� MOBLE HOAE PARK PARCEL A PARCEL D MOBILE RESUME- SITE TOTAL SITE AUUA: 1,069418 12445 ACM% 61310940 AR[A 707,366 61 PAL 74.9% PIANO: 1.166 STA43 'Am 4.4411000 y • AAA NOT 64CUIOEO TOTAL RESUME- PARCEL A RESUME- PARCEL B SITE ARIA 193422 (3.07 AC1134 SPE AREA 437,163 S/ 19.92 ACISS1 119,203 SE 27.5711 551 STALLS 4.67/ 1,000 SP WLO140 AMA: PAL PARXA40, RATIO; 24,025 SI ItNLCIA03 AREA: 17.97% FAL 119StAUS ►AMONG: 5.0/ 1,000 31 MT10: PARCEL E• PARCEL F• 17,333 SF 0.40 ACLU 7,232 S/ r v-V- ' II,III rli llllil�� . S W E E T W A T E R RIVERBANK Lc RESUME- PARCEL C RESUME- PARCEL D Sat ARIA 503.531 SP 111.55 ACREA 311E AREA 49,336 SP 11.17 ACM WWDINO ARIA 124,076 SP Q•ARDM CENTER: 71.337 V FAR hL/0 GMDB41 7664% PAL 0•/ 0.4t001 70.66% PAWING, 414 STALLS UDC.. 3.92 / 1,000 SF PARCEL G• PARCELH• 7,717 3/ 25,335 SI 0.17 ACLU 0.56 ACM YSadlary Papatits, .7A1a THE GATEWAY CHULA VISTA/ NATIONAL CITY, CALIFORNIA FETAL H NU•I•A Iv...w1 I � L_ J I010III■iRlt4 ‘ CIO X l!l l�IluWhIT`I III1II SCHEME G7 p= 4=1x ,m SOPA ARCMITECTURE•PLANNING LAN 01100 SAN SIANCISCO a. .y,AVI„ I00,0601rx))...,/uA....... «.,..n> to ►.. 4I. u..r Exhibit F - Preliminary Site Plan l l Exhibit "G" — Working Group Schedule The Working Group shall meet every 2" and 4`h Tuesday of each month at 9:00 a.m. at the City of National City, 1243 National City Boulevard, National City, California 91950, or at any such other time and place as the Parties mutually agree. W 02 - W E ST: 8111 M 1 \401090580.144010905 80.17 EXHIBIT G The Gateway, National City, California Sudberry Properties EXHIBIT E 009 Otr 2, 2009 Ob 3, 2009 Preliminary Project Schedule Printed on: 4/22/09 Otr 4. 2009 IOU 1, 2010 01,2. 20.0 j 0U 3, 2010 ID Task Name Our. Start Finish Feb I Mar Apr I May I Jun Jul Aug I Sep Oct I Nov I Dec 1 Jan Feb I Mar _ Apr L Vey I Jun , Jul [ Aug 178.6 wks PRELIMINARY SITE AND BUILDING DESIGNBUILDING 1/15/07 7/23/10 IT V IMINARSITE AO DESIGN � � V 7123 i 2 Initial Planning and Slte Design 77.9 wks 1/15/07 7/24/08• 8/20 '3 Preliminary Governmental Review Process 63.8 wks Design Refinements 8.4 wks 5/14/08 8/20/09 1/26/09 3/24/09 lennieg a 3/24 ! 24 Planning and Building Design 39 8 wks 6/16/08 4/6/09 4l8 36 Coneptual for City Development Review Process 7 wks 3/25/09 5/12/09 3/25 linicir 5/12 ! I . I 44 Design Exhibits Prepare Design Exhibits (Arch, Civil, Landscape, Lighting, Signage) 2 wka 3/25/09 4/7/09 i3/25 ',Peeper, Design Exhibit. (Arch, Civil. Landscape, Lighting. SIg age) 45 ' Design Team Meeting (Full) C wks 4/7/09 4/7/09 • 4 A *lesion Team Meeting (Full) i ; Exhibits by Owner Tenants as t 47—' Review Design Exhibits by Owner and Tenants 1 wk 4/8/09 4/14/09 4/6 Clitsview Design and Refine Design Exhibits • Review and Refine Design Exhibits 2 wks 4/8/09 4/21/09 4/$ ii -Revl.w and 49 Design Team Meeting (Full) 0 wks 4/21/09 4/21/09 4/21 .�.1Dulpn Team Meeting (Full) Design Exhibits by Owner ; 50 Review Design Exhibits by Owner 1 wk 4/22/09 4/28/09 4/22 7µ YReview --Coordinate Coordinate Design Exhibits and Print 2 wks 4/29/09 5/12/09 4/2 Design Exhibits and Print IiI ' Joint Revl.wbf TPMI ZC, GPA. OAP, SVR, PDP. BMP 1/15 City Joint Review of TPM, ZC, GPA, EAF, SVR, PDP, BMP 74.2 wks 5/12/09 1/15/10 � 5n2 5z ‘City � Application a Exhlblts for Development Plan Review 53 Submit Formal Application & Exhibits for Development Plan Review o wks 5/12/09 5/12/09 5M2 * Submit Formal 54 1 30 day completeness review 30 edays 0 wkx Letter /Comments to applicant 5/12/09 6/11/09 6/11/09 6/11/09 1/12 : � 0 day completeness review l Conwn.nta to applicant Documents 6/ lj *-,Lett.r 6/12 AN 55 56 I Prepare Revisions to Documents 3 wks 6/12/09 7/2/09 Prepare Revisions to 57 1st 30 day review by City 30 edays 5/12/09 6/11/09 l/12 -1st 30 day review by City I . Receive comments from City0 ()wk. 6/11/09 6/11/09Racal). 6/ 1: � * comments from City : Revisions Documents '--� 8 59 Prepare Revisions Documents 3 wks 6/12/09 7/Z/09 1/12 Preparei Package to City for final 60 . Resubmit Development Package to City for final review 0 wks 7/2/09 7/2/09 7```"`�/2���YTFFFF��.►►►► Resubmit Development 'review 61 2nd 30 day review by City 30 edays 7/2/09 8/1/09 7/2sua� I = 12/11 - Design Review Hearin9 (Chula Vista) ' 62 4 wka Design Review Hearing (Chula Vista) 12/11/09 1/15/10 - Meetings T80) 63 Community Outreach Meetings (Dates TBD) 3 wks 5/13/09 82/09 )J1I3 Community Outreach (Dates Environmental Assessment Process for MND 32.4 wks 2/2/09 9/18/09 m rEnvIr5 nenNI Ar/..rn.n) Prow . for MNo ' 7 sits 64 rt'itch scat 5tudise Oat i ♦. 7/24 Technical Studies 24.8 wks 2/2/09 7/24/09 65 Analysis - Phase I Study i 1 4 wks 2/2/09 2/27/09 ' . FIT-1 Initial Analysis - Phase I Study ' I multi -model .cwuibllly-MTS) 67 I Prepare Traffic Study (internal circulation and multi -modal accessibility-MTS) 9 wks 3/11/09 5/12/09 3/11 1 :1 , i I_r-.Pr.pare Traffic Study (Intern& oireuletion end Al QualityTechnic& Study 68 a wks Prepare Air Quality Techn cal Study 4/15/09 5/12/09 4/15 . , ]Prepare _ 69 Prepare Noise Analysis Technical Study 4 wka 4/15/09 5/12/09 415 '/.((epsclRcaly Impacts both temporary and p.rmen.nt to edjec.nt mobile horns park end reeid.ntl.i properties Prepare Other Environmental Technical Studies (Native American Resources and 4 wka 4/15/09 5/12/09 4/15 : r .Prepare Other Environmental Technical Studies (Native Arnerlwn R.eource. end Histories! 5Ignlecenc.-SONG) 70 Cultural Resources (Archaeology/Paleontology) since this area used to border tit 4 wks 4/15/09 5/12/09 4/15 , - )'Cultural Resources (Archaaoiogy/Paleentoiegy) since this area used to border the river there Is a potent'( for 71 Land Use/Planning (specifically General Plan consistency with CV & NC) and Aei 4 wks 4/15/09 5/12/09 4/15 r - Land Use/Planning (specificallyGeneral Plan cons4tency with CV & NC) and Aesthetics 72 Prepare Greenhouse Gas mitigation measures and recommendations 4 cake 4/15/09 5/12/09 415 ,iPrepare Greenhouse Gas mitigation manure. and recommendations • 73 Initial Analysis - Phase II with mitigation suggestions 7 wks 5/15/09 7/2/09 6/15 .__•_.- _ Y.I1nRNI An iys1 -Pima it with mitigaton suggestions j 76 Prepare Revlsions/Additions to Technical Studies required by City Review 2 cake 6/12/09 6/25/09 1 16/12 : _J rspar, Revisions/Additions to Technics] Studies required by City Review 75 Task _ ......._ 1 Summary Rolled Up Progress . .......... ::'. Protect Summary SGPA Architecture end Planning Last saved date: 4/22/09 - Progress .._ _.. _...: - Relied Up Taak - - Split External MN.stons ill eFAe: F:/2007120707-GWIP-03`.Pro(-Info\SchedulelGetewa) Milestone * Roiled Up M/ alone 57 External Task. j'-5 Deadline _ - This Preliminary Project Schedu a :s balled on rec,ept of Tenant Criteria, Authorization to Proceed m shown and the timely review. coordination, and processing by the Owner. Nat onal City, Building Tenants, Contractor and Protect Consultants. Page 1 of 2 H lIBIHX� f The Gateway, National City, California Sudberry Properties EXHIBIT E ID . Task Name 76 77 78 79 80 81 82 83 84 85 86 87 9 7 88 91 92 93 94 95 96 97 98 99 100 101 102 103 104 t05 106 107 108 109 110 111 140 Prepare Revisions/Additions to Technical Studies required by City Review Environmental Review Process for MND Submit Environmental Assessment Form First City Review of Environmental Application Prepare Revisions to Technical Studies Second City Review of Environmental Application Prepare Revisions to Technical Studies Third Clty Review of Environmental Application Final Edit and Prepare Document for Public Review Distribution Project and MND Public Review (30 Calendar Days) Planning Commission Process (National City & Chula Vista) Prepare Draft Agenda Statement Planning Commission Hearing • (1st Reading) Planning Commission Hearing - (2nd Reading) City Council Process (National City & Chula Vista) City Council (1st Reading) City Council (2nd Reading + MND Certification) NOD and Appeal Period NOD Filed 30 day appeal period Appeal period over Cal Trans Processing Notice to Proceed (NTP) Prepare PEER/Encroachment Permit Submit Draft PEER CalTrans Draft PEER Respond to Comments Ca1Trans PEER Review CalTrans Issues Encroachment Permit Prepare Draft (90%) PS&E Package CalTrans Draft (90%) PS&E Prepare Final (100%) PS&E Package CalTrans Final (100%) PS&E Review Prepare Bis Ready PS&E Package Bid Ready PS&E Package SITEWORK DESIGN AND CONSTRUCTION BUILDING DESIGN AND CONSTRUCTION Dur. Start Finish 1 wk 7/20/09 7/24/09 18 wks 5/12/09 9/16/09 0 wks 5/12/09 5/12/09 30 edeys 5/12/09 6/11/09 3 wks 8/12/09 7/2/09 2 wk, 7/6/09 7/17/09 1 wk 7/21/09 7/27/09 2 wks 7/28/09 8/10/09 1 wk 8/11/09 8/17/09 30 edays 6/17/09 9/16/09 5 saki 9/21/09 10/23/09 1 wk 9/21/09 9/25/09 2 wk, 9/28/09 10/9/09 2 wks 10/12/09 10/23/09 108 wks 10/26/09 1/16/10 2 wks 10/26/09 11/6/09 2 wks 11/27/09 12/10/09 4 saki 12/11/09 1/16/10 t wk 12/11/09 12/17/09 30 edays 12/17/09 1/16/10 cwks 1/16/10 1/16/10 65.2 wka 4/15/09 7/23/10 0 saki 4/15/09 4/15/09 13 wks 4/16/09 7/16/09 o wks 7/16/09 7/16/09 4 wks 7/17/09 8/13/09 2 wks 6/14/09 8/27/09 4 wk, 8/28/09 9/24/09 0 wks 9/24/09 9/24/09 14 wks 9/25/09 1/8/10 8 wks 1/11/10 2/19/10 8 wks 2/22/10 4/16/10 6wks 4/19/10 5/28/10 8 wks 5/31/10 7/23/10 0 wk, 7/23/10 7/23/10 138.4 w5, 12/10/09 8/14/12 151 wks 12/10/09 11/9/12 009 Feb Mar Olr 2. 2009 Ap I May 1 Jun Preliminary Project Schedule Printed on: 4/22/09 Oh 3, 2009 Otr 4, 2009 I Otr 1, 2010 O:r 2, 2010 !Cu 3, 2010 Jul ! Aug 1 Sep Oct I Nov 1 Dec ! Jan 1 Feb I Mar Apr 1 May 1 Jun ! Jul j Aug 7/0 • :. Prepare Revielons/Addttlons to Technical Studies required by Clty Review I 5/12 nvironms rtal Review Proc' 9/16 5N2 *-Submf Ert!vlydnlmnnt Assessment Form �_. S/12 - -Fin CHy Review of Environmental Application . ee are Revisions to Technical Studies 1 ip 7/6 . 1-Second City Review of Environmental Application 7/21 i ( Prepare Revisions to Technical Studies . 7R6 • -Third City Review of Environmental Application 4/11 Final Edh and Prepare Document for Public Review Distribution 6/17 .Project and MND Public Review (30 Calendar Days) �Pien� 10/23 ' i Prepare Draft Agenda Statement Planning Commission Hearing - (1st Reading) Planning Commission Hearing • (2nd Reading) 4116 Rol Trans Processing 9/21 9/21 9/26 10/12 10/26 City Council Poe' 1/16 10R6 Cosnctl (1st Reading) 11/27 -City Council (2nd Reading + MND Certification). 12/11 00 12/11 NOD Filed 12/17 1/16 ,30 day appeal perod 1/19 * Appeal period over ' 7/23 4/16 . ,,i1etics to Proceed (NTP) l_ . _. __........._:._.. 4/19 I -Prepare PEER/Encroachment Permit 7/16 .^ - iSubmit Draft PEER 7117 1-CalTrans Draft PEER 5114R-sasDond to Comments a/26 I 1 CalTrans PEER Review ir 9/24-4r4atTrens Issues Encroachment Permit 9/25 !limper, Draft (90%) PS&E Package ll- 1/11 1 CalTrans Draft (90%) PS&E 1 2/22 I ,, repare Final (100%) Ps6E Ps 4/19 !1 Carron! Final (100% 5/31 I____. _ I Prepare 7R3 * aid R 12/10 RITFWORK DESIGN AND CONSTRUCTION 12/10 RUILD610 DESIGN AND CONSTRUCTION SGPA Architecture and Planning Last saved date: 4/22/09 eFb' F \2007\20707-Ow\P-03/Pro)-Inb/ScheduietGatewa! Task Summary Rolled Up Progreu - - ---- Pro oct Summary Progress ....._. _ ... Roiled Up Task Split External .Milestone Mneetons Rolled Up Milestone External Tasks ,. i.:; � _�'St}F Deadline • This Preliminary Project Schedule is based on roctepl or Tenant Criteria. Authorization to Proceed as shown and the timely review. coordlnetton. and processing by the Owner. National City. Building Tenants. Contractor and Project Consultants Page 2 0l 2 Exhibit "I" — Chula Vista Processing Fee Schedule [See Inserted Document] `/ W02-WEST:8BJM1\4 01Q945go.17 EXHIBIT J DRAFT COST ESTIMATE - SUDBURY 1 a 1)).� { .'�� .it4. i,+mc�'�"`„rvT+...- ls'+. .� tr� { q1•.. _. 1C..�_:e�at�.�s'ACtrAi 4 L..k- y+-�� " 780 Lk`. ��-F3t��. 1 yy�,t.., -�C.ASst-x._S 234 ��j a.. 6 i '(i..'S L.i�Asl�� p•• • i'• y:�i �.4 .try..: G.i�^aeh�3 . -, �.•( C -4.._. Lv :. Gage_ 4_rLr���}}�:�`g 3�'9r_ [` {. •?-1-' � ._ � ..i.7 1 st Plan Review} 20 2920 876 5 840 -_ 2nd Plan Review 10 1460 2 390 __ 4 285 5 840 -_ 3rd Plan Review 5 730 1 195 __ 2 292 5 840 -_ Write Resort 16 2336 Edit Resort -- 2 390 1 234 Notice of Decision 4 584 1 195 1 234 Presentation 4 584 1 195 DRB meetin. 2) 4 584 4 780 Total 63 $ 9,198 15 2925 3 702 12 1453 15 2520 0 0 � r... ,. � Review 1st SC' -- .. ,__ _�,. 4 _.�.._. 780 ,.vim Review 2nd SC 2 390 ______ 4 868 Review Final SC -- 1 195 ______ 2 434 Traffic 1st SC 1 195 ____ 6 1008 Traffic 2nd SC 0 0 ____ 4 672 -_ Traffic 3rd SC 0 0 ____ 1 168 -_ Water Quality -- 1 195 4 672 -_ Sewer 1 195 4 672 -_ Draina.e -- 1 195 4 672 Geotech --______ 4 672 Noise 2 390 Air Quaf 2 390 RTC -- 4 780 ______ 4 868 Total 19 3705 ____ 27 4536 10 2170 Write resort 25 3650 Write Reso/ord 15 2190________-_ 2 390 2 468 ____ 4 868 Edit resort -- Plannin. Comm. 4 584 4 780 4 936 ____ 4 868 Ci Council 4 584 4 780 4 936 ____ 4 868 Presentation 4 584 2 390 1 390 Total 52 7592 12 2340 11 2730 ____ 12 2604 Design Review Total $ 16,798 MND Total 10411 Rezone Total 15266 Building permits 42000 Grading permit 16000 Meetings (100 hrs) 19500 Grand Total $ 119,975 City of National City, California COUNCIL AGENDA STATEMENT 23 MEETING DATE 05-05-09 AGENDA ITEM NO. (EM TITLE Resolution of the City Council of the City of National City reducing the City's Employer Paid Member Contribution (EPMC) to the Public Employee Retirement System by two percent for the Management group and three percent for the Executive group, respectively; Further reducing the City's EPMC from two percent to three percent for the City Attorney; and Establishing an Effective Date of July 1, 2009. PREPARED BY Stacey Stevenson (336-4308) Director EXPLANATION See staff report DEPARTMENT Human Resources Environmental Review ✓ N/A Financial Statement At current rate of pay for members of the Executive and Management team, this action will result in a savings of $82,744 annually to the General Fund and other funds. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1 Resolution A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE CITY'S EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM BY TWO PERCENT FOR THE MANAGEMENT GROUP AND THREE PERCENT FOR THE EXECUTIVE GROUP, FURTHER REDUCING THE CITY'S EPMC FROM SIX PERCENT TO FIVE PERCENT FOR THE CITY ATTORNEY; AND ESTABLISHING AN EFFECTIVE DATE OF JULY 1, 2009 WHEREAS, the City Council has the authority to implement Government Code Section 20691; and WHEREAS, Government Code Section 20691 authorizes a contracting agency, such as the City Council, to periodically increase, reduce, or eliminate the employer paid amount of the employee contribution; and WHEREAS, this resolution is consistent with Section 20691, and is adopted to reflect and commence the reduction in the employer paid contribution (EPMC) for all employees in the Management and Executive Groups, and for the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: • For employees in the Management Group, the City shall pay 8% of the EPMC through June 30, 2009. Commencing July 1, 2009, the City's EPMC payment shall be reduced by 2%, with the employees paying that 2%. • For employees in the Executive Group, the City shall pay 8% of the EPMC through June 30, 2009. Commencing July 1, 2009, the City's EPMC payment shall be reduced by 3%, with the employees paying that 3%. • For the City Attorney, the City shall pay 6% of the EPMC through June 30, 2009. Commencing July 1, 2009, the City's EPMC payment shall be reduced by another 1%, for a total reduction of 3%, with the City Attorney paying that 3%. • This Resolution shall take effect July 1, 2009. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT 'ft.• MEETING DATE May 5, 2009 AGENDA ITEM NO. 24 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN UPWARD ADJUSTMENT IN THE SALARY BANDS FOR CLASSIFICATION WITHIN THE EXECUTIVE AND MANAGEMENT GROUPS OF UP TO SIX PERCENT EXPLANATION DEPARTMENT Human Resources Please see attached staff report. Environmental Review -4 N/A Financial Statement Approved By: Wv Finance Dire ctQ r This item could result in additional personnel expenditures of up to $227,362farting in FY09/10, which includes $114,483 in General Funds. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN UPWARD ADJUSTMENT IN THE SALARY BANDS FOR CLASSIFICATIONS WITHIN THE EXECUTIVE AND MANAGEMENT GROUPS OF UP TO SIX PERCENT WHEREAS, the City has in recent years increased its efficiency and reduced its costs as a result of various actions and programs; and WHEREAS, among those actions and programs, the following are the most significant in promoting efficiency and reducing costs: • The operational consolidation of the City and the Community Development Commission of the City of National City ("CDC"); • A 27% reduction in executive and management staff since 2004; • Effective July 1, 2009, 15 executive or management level staff positions will have been eliminated, resulting in an estimated $1,259,700 in annual savings; • The City's general fund savings have increased from $4.4 Million in 2004 to a projected $7.5 Million at the end of 2009; • Approximately $28 Million in additional grant funds have been received by the City over the past four years; • The City has not raised salaries for members of the Executive and Management groups since 2002; • The City Council, City Clerk, City Treasurer, City Manager, and City Attorney are now paying 2% of the Employer Paid Member Contribution to CaIPERS; and • The City has unblended health care costs between current and retired employees. WHEREAS, with these efficiencies and cost reductions in mind, as well as current economic conditions and the City's structural deficit, the City Manager has proposed an adjustment in salary bands for members of the executive and management groups, consisting of an upward adjustment of salary bands for executive and management employees by 6%. Of the 6%, 3% will be used for across the board salary increases for all management and executive employees. The remaining 3% may result in additional salary increases of up to 3%, which will be determined on an individual basis based on performance evaluations. This action does not include the City Manager, Assistant City Manager, or CDC Executive Director. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an upward adjustment of salary bands for classifications within the executive and management groups by 6%. Of the 6%, 3% will be used for across the board Resolution No. 2009 — May 5, 2009 Page 2 salary increases for all executive and management employees. The remaining 3% may result in additional salary increases of up to 3%, which will be determined on an individual bases based on performance evaluations. This action does not include the City Manager, Assistant City Manager, or CDC Executive Director. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney TO: City Council FROM: Chris Zapata, City Manager RE: COMPENSATION & CONTRIBUTION PROPOSAL DATE: April 29, 2009 This memo and attachments summarize discussions relative to executive and management compensation. It recommends retirement contributions by these employee groups and a salary freeze. It also requests pay band adjustments that provide for salary increases and requests various one time payments. BACKGROUND The City Council subcommittee consisting of Mayor Ron Morrison and Councilman Frank Parra has received information that covers the following areas in consideration of executive and management compensation: Financial Stewardship Effectiveness/Results Internal Equity & External Market Environment Exceptions Considerations Recommendations DISCUSSION National City has worked with many partners to achieve progress in public safety, community facilities, infrastructure and services. Quality of life has improved and our residents have been more involved in city government. Issues have been identified and met head on. The major ones being fiscal sustainability in the general fund and public safety. In the area of fiscal sustainability, National City has grown its general fund savings from $4.4 million in 2004 to a projected $7.5 million at the end of this year. $2 million in new and diverse dollars are projected through the Plaza Bonita Mall Expansion, Sycuan Hotel and over 1000 units of various housing starts. The City has completed annual audits as well as maintained its financial and bond rating. National City currently maintains a stable pension program. The 2007 pension fund payments were 89% for general employees and 92% for public safety employees. These percentages placed National City in the top three funded systems in San Diego. As a contrast, some cities were below 70% funding levels. National City provides a minimal and capped retiree health program. To further save costs, the City unblended its retiree health care rates from employee health care rates which resulted in 2009 having no cost increases. Personnel efficiency measures have also been implemented to control costs as well as flatten the organization. This included the merger of the former separate redevelopment agency under the City Manager. There has been a 27% reduction in executive and management staf since-2004 Effective July-1-, 2009-15 executive -or manager level staff will have been cut resulting in $1,259,700 in estimated annual savings. The following positions have been vacated by the City Manager with City Council approval: Building & Safety Director Deputy Director - Community Development Deputy Director - Redevelopment Deputy Director - Finance/Redevelopment Agency Deputy Public Works Director Deputy Human Resources Director Planning Director (pending City Council approval) Police Captain Purchasing Manager Management Analyst - City Manager's Office Public Information Officer - City Manager's Office Wastewater Supervisor Redevelopment Projects Manager Senior Economic Development Manager Senior Project Manager An aggressive approach to grants has resulted in National'City receiving approximately $28 million additional dollars over the past four years. Typically National City receives approximately $7 million dollars per year from various grants - this number has been doubled over the past four years. Community policing and new safety programs have resulted in significant service gains to residents, businesses, schools and visitors. A major example is National City went 487 consecutive days without a homicide. The first time since 1963 our community went through a full year without a homicide. Community facilities such as the new Library, Fire Station, Skate park and various park improvements are results of teamwork. Infrastructure improvements including aggressive street paving and major corridor facelifts on Highland and National City Boulevards have improved image and safety. Citizen engagement through Boards and Commissions has been strengthened with Neighborhood Councils, special events and website/newsletter communication. Partnerships with non -profits that provide community services to the elderly and our youth have benefited from aggressive grant procurement as well as Proposition D funds. Groundwork for future improvements has been laid through strategic planning efforts in economic development and public safety. Development sites have been identified in key corridors that are among the best opportunities in San Diego County. These include the 15 acre site adjacent to Plaza Bonita Mall and the 805 freeway and the 24 acre Drive Inn Site at the junction of the 5 and 54 freeways. Ongoing discussion with the Port of San Diego to create a win -win -win scenario for the next generation of projects for National City is gaining momentum. The concept approval of the Marina Gateway by the Port is the latest example of this cooperation. --RECOMMENDATION- • the current economic environment as well as existing structural deficit, the following proposal has been submitted for your consideration: EXECUTIVE & MANAGEMENT CONTRIBUTION All Executives pay-3% retirement costs — currently Cify pays a l retirement costs All Managers pay 2% retirement costs — currently City pays all retirement costs All Executives and Managers agree to salary freeze to 2012 These actions would follow City Council, City Clerk, City Treasurer, Municipal Employee Association, City Manager and City Attorney payments into the retirement program. The Financial impact of paying into the retirement program would result in approximately $82,744 in savings to the City annually. The agreement to freeze salaries to 2012 would provide for one raise in a ten year period. National City is the only city in San Diego County that has not raised salaries members of the executive and management group since 2002. COMPENSATION PROPOSAL Authorize a 3% across the board salary increase. Authorize up to 3% increases based on performance. The City Manager, Assistant City Manager and Redevelopment Agency Executive Director will be excluded from these proposals. The ongoing cost to the General Fund is approximately $114,483 annually. The.total impact of this proposal is ongoing costs up to $227,362 for all funds. The City Manager, Assistant City Manager, Redevelopment Agency Executive Director are strongly encouraged to reside in National City. Authorize the City Manager to provide city housing or housing payments up to $15,000 per year to the Assistant City Manager and Redevelopment Agency Executive Director. Authorize the City Manager to provide one time performance based payment of $8,000 to the Assistant City Manager and a one time performance based payment of $7,500 to the Redevelopment Agency Director in lieu of a salary increase. Authorize the City Manager a one time sum not to exceed $20,000 for a deferred compensation program for executives and managers not in the City Manager's Office. None of these payments require contributions to the retirement system nor do they commit general fund payments in future years. CITY OF NATIONAL CITY Attachment 1 EXECUTIVE AND MANAGEMENT COMPENSATION PLAN EXECUTIVE GROUP POSITION TITLE SALARY BAND LOW (ANNUAL) HIGH PROPOSED PROPOSED LOW HIGH City Manager N/A $165,000 N/A $165,000 City Attorney N/A $199,940 N/A $199,940 Community Development Executive Director N/A $135,450 N/A $135,450 Assistant City Manager $64,320 $127,260 $68,179 $134,895.60 City Engineer $58,080 $118,500 $61,565 $125,610.00 City Librarian $55,200 $107,340 $58,512 $113,780.40 Community Services Director $75,000 $99,996 $79,500 $105,995.76 Director of Building & Safety* $57,240 $100,404 $60,674 $106,428.24 Director of Community Development* $58,080 $118,536 $61,565 $125,648.16 Director of Finance $58,080 $116,772 $61,565 $123,778.32 Director of Planning $58,080 $122,448 $61,565 $129,794.88 Director of Public Works $58,080 $118,536 $61,565 $125,648.16 Fire Chief $61,200 $123,972 $64,872 $131,410.32 Human Resoures Director $50,040 $116,964 $53,042 $123,981.84 Police Chief $67,320 $140,268 $71,359 $148,684.08 Records Manager $56,220 $76,032 $59,593 $80,593.92 Senior Assistant City Attorney $76,500 $127,008 $81,090 $134,628.48 * Denotes an inactive classification that is not currently utilized Executive and Management Compensation Plan page 1 of 2 May 5, 2009 MANAGEMENT GROUP POSITION TITLE SALARY BAND LOW (ANNUAL) HIGH PROPOSED LOW PROPOSED HIGH Asst Director ofPW/Engineering* $47,280 $100,764 $50,117 $106,810 Assistant Police Chief $117,000 $119,220 $124,020 $126,373 Battalion Chief $54,720 $100,548 $58,003 $106,581 Building Official $80,232 $98,604 $85,046 $104,520 Community Development Manager $75,000 $94,008 $79,500 $99,648 Community Development Specialist III $45,960 $83,244 $48,718 $88,239 Deputy Director of Human Resources'* $75,000 $94,008 $79,500 $99,648 Equip Maintenance Supervisor $33,240 $80,004 $35,234 $84,804 Facilities Maintenance Supervisor $33,240 $68,004 $35,234 $72,084 Financial Services Officer $42,960 $93,420 $45,538 $99,025 Housing Program Manager $43,800 $87,384 $46,428 $92,627 Management Analyst I $32,076 $57,684 $34,001 $61,145 Management Analyst II $36,456 $65,556 $38,643 $69,489 Management Analyst III $40,800 $73,428 S43,248 $77,834 Management Information Systems Manager $44,040 $95,760 $46,682 $101,506 Neighborhood Council Coordinator $40,800 $73,428 $43,248 $77,834 Neighborhood Services Manager $33,240 $80,004 $35,234 $84,804 Nutrition Program Manager $33,240 $78,708 $35,234 $83,430 Park Superintendent $33,240 $78,708 $35,234 $83,430 Police Captain* $55,680 $112,212 $59,021 $118,945 Police Support Services Manager $40,800 $73,428 $43,248 $77,834 PIO/Management Analyst III* $40,800 $73,428 $43,248 $77,834 Principal Civil Engineer $80,232 $98,604 $85,046 $104,520 Principal Librarian $38,760 $80,508 $41,086 $85,338 Principal Planner $45,960 $83,244 $48,718 $88,239 Purchasing Agent* $43,800 $87,384 $46,428 $92,627 Recreation Superintendent $33,240 $78,708 $35,234 $83,430 Risk Manager $42,960 $93,384 $45,538 $98,987 Senior Accountant $33,600 $70,068 $35,616 $74,272 Special Assistant to the Mayor* $36,456 $65,556 $38,643 $69,489 Street Maintenance Supervisor* $33,240 $68,004 $35,234 $72,084 Street Maintenance & Wastewtr Supt. $33,240 $78,708 $35,234 $83,430 Traffic Engineer _ $62,328 $95,760 $66,068 $101,506 Wastewater Supervisor* $33,240 $68,004 $35,234 $72,084 *Denotes an inactive classification That is not currently utilized Executive and Managment Compensation Plan page 2 of 2 May 5, 2009 City of National City, California CITY COUNCIL AGENDA STATEMENT 25 'fto' MEETING DATE May 5, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A COMPENSATION PLAN FOR MEMBERS OF THE EXECUTIVE AND MANAGEMENT GROUPS, AUTHORIZING THE CITY MANAGER TO PROVIDE HOUSING OR HOUSING DIFFERENTIAL PAYMENTS, AND ONE-TIME PERFORMANCE BASED PAYMENTS TO EXECUTIVES IN THE CITY MANAGERS OFFICE IN LIEU OF ONGOING SALARY INCREASES, AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A ONE-TIME DEFERRED COMPENSATION PROGRAM FOR EXECUTIVES AND MANAGERS NOT IN THE CITY MANAGER'S OFFICE PR R - ' BY DEPARTMENT 336-4308) Human Resources EXPLANATION Please see attached staff report. Environmental Review d N/A J Financial Statement Approved B '1� Finance Director p personnel P This item could result in additional expenditures of u to $38,620 ft& General Funds in FY08/09 and up to $30,435 starting in FY09/10, including a general fund expenditure of $13,696. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A COMPENSATION PLAN FOR MEMBERS OF THE EXECUTIVE AND MANAGEMENT GROUPS, AUTHORIZING THE CITY MANAGER TO PROVIDE HOUSING OR HOUSING DIFFERENTIAL PAYMENTS, AND ONE-TIME PERFORMANCE BASED PAYMENTS TO EXECUTIVES IN THE CITY MANAGER'S OFFICE IN LIEU OF ONGOING SALARY INCREASES, AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A ONE-TIME DEFERRED COMPENSATION PROGRAM FOR EXECUTIVES AND MANAGERS NOT IN THE CITY MANAGER'S OFFICE WHEREAS, the City has in recent years increased its efficiency and reduced its costs as a result of various actions and programs; and WHEREAS, among those actions and programs, the following are the most significant in promoting efficiency and reducing costs: • The operational consolidation of the City and the Community Development Commission of the City of National City ("CDC"); • A 27% reduction in executive and management staff since 2004; • Effective July 1, 2009, 15 executive or management level staff positions will have been eliminated, resulting in an estimated $1,259,700 in annual savings; • The City's general fund savings have increased from $4.4 Million in 2004 to a projected $7.5 Million at the end of 2009; • Approximately $28 Million in additional grant funds have been received by the City over the past four years; • The City has not raised salaries for members of the Executive and Management groups since 2002; • The City Council, City Clerk, City Treasurer, City Manager, and City Attorney are now paying 2% of the Employer Paid Member Contribution to CaIPERS; and • The City has unblended health care costs between current and retired employees. WHEREAS, with these efficiencies and cost reductions in mind, as well as current economic conditions and the City's structural deficit, the City Manager has proposed a Compensation Plan consisting of the following elements: • The City Manager, Assistant City Manager, and CDC Executive Director are encouraged to reside in National City. Therefore, the City Manager is authorized to provide housing differential payments or City -owned housing of up to $15,000 per year each to the Assistant City Manager and CDC Executive Director. • In lieu of salary increases that are on -going, the City Manager is authorized to provide a one-time performance based payment of $8,000 Resolution No. 2009 — May 5, 2009 Page 2 to the Assistant City Manager, and a one-time performance based payment of $7,500 to the CDC Executive Director. The City Manager is further authorized to distribute a one-time sum of up to $20,000 for a deferred compensation program for executives and managers not in the City Manager's Office. • Salaries for all members of the executive and management groups are frozen until 2012. • Commencing July 1, 2009, members of the executive group, including the Assistant City Manager and CDC Executive Director, shall pay 3% of the CaIPERS employer paid member contribution, and members of the management group shall pay 2% of the CalPERS employer paid member contribution. This action to be approved pursuant to separate resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the proposed Compensation Plan, as set forth above, for members of the executive and management groups. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney TO: City Council FROM: Chris Zapata, City Manager RE: " COMPENSATION & CONTRIBUTION PROPOSAL DATE: April 29, 2009 This memo and attachments summarize discussions relative to executive and management compensation. It recommends retirement contributions by these employee groups and a salary freeze. It also requests pay band adjustments that provide for salary increases and requests various one time payments. BACKGROUND The City Council subcommittee consisting of Mayor Ron Morrison and Councilman Frank Parra has received information that covers the following areas in consideration of executive and management compensation: Financial Stewardship Effectiveness/Results Internal Equity & External Market Environment Exceptions Considerations Recommendations DISCUSSION National City has worked with many partners to achieve progress in public safety, community facilities, infrastructure and services. Quality of life has improved and our residents have been more involved in city government. Issues have been identified and met head on. The major ones being fiscal sustainability in the general fund and public safety. In the area of fiscal sustainability, National City has .grown its general fund savings from $4.4 million in 2004 to a projected $7.5 million at the end of this year. $2 million in new and diverse dollars are projected through the Plaza Bonita Mall Expansion, Sycuan Hotel and over 1000 units of various housing starts. The City has completed annual audits as well as maintained its financial and bond rating. National City currently maintains a stable pension program. The 2007 pension fund payments were 89% for general employees and 92% for public safety employees. These percentages placed National City in the top three funded systems in San Diego. As a contrast, some cities were below 70% funding levels. National City provides a minimal and capped retiree health program. To further save costs, the City unblended its retiree health care rates from employee health care rates which resulted in 2009 having no cost increases. Personnel efficiency measures have also been implemented to control costs as well as flatten the organization. This included the merger of the former separate redevelopment agency under the City Manager. There has been a 27% reduction in executive and manageTienntaff-since-2004-EffectiveJuly-172fl09H:5-executive-or-manager-leve-1=staff will have been cut resulting in $1,259,700 in estimated annual savings. The following positions have been vacated by the City Manager with City Council approval: Building & Safety Director Deputy Director - Community Development Deputy Director - Redevelopment Deputy Director - Finance/Redevelopment Agency Deputy Public Works Director Deputy Human Resources Director Planning Director (pending City Council approval) Police Captain. Purchasing Manager Management Analyst - City Manager's Office Public Information Officer - City Manager's Office Wastewater Supervisor Redevelopment Projects Manager Senior Economic Development Manager Senior Project Manager An aggressive approach to grants has resulted in National'City receiving approximately $28 million additional dollars over the past four years. Typically National City receives approximately $7 million dollars per year from various grants - this number has been doubled over the past four years. Community policing and new safety programs have resulted in significant service gains to residents, businesses, schools and visitors. A major example is National City went 487 consecutive days without a homicide. The first time since 1963 our community went through a full year without a homicide. Community facilities such as the new Library, Fire Station, Skate park and various park improvements are results of teamwork. Infrastructure improvements including aggressive street paving and major corridor facelifts on Highland and National City Boulevards have improved image and safety. Citizen engagement through Boards and Commissions has been strengthened with Neighborhood Councils, special events and websitelnewsletter communication. Partnerships with non -profits that provide community services to the elderly and our youth have benefited from aggressive grant procurement as well as Proposition D funds. Groundwork for future improvements has been laid through strategic planning efforts in economic development and public safety. Development sites have been identified in key corridors that are among the best opportunities in San Diego County. These include the 15 acre site adjacent to Plaza Bonita Mall and the 805 freeway and the 24 acre Drive Inn Site at the junction of the 5 and 54 freeways. Ongoing discussion with the Port of San Diego to create a win -win -win scenario for the next generation of projects for National City is gaining momentum. The concept approval of the Marina Gateway by the Port is the latest example of this cooperation. -REeOMM•ENDATION — -. Understanding the current economic environment as well as existing structural deficit, the following proposal has been submitted for your consideration: EXECUTIVE & MANAGEMENT CONTRIBUTION All Executives pay 3% retirement costs — currently City pays all r Firement costs All Managers pay 2% retirement costs — currently City pays all retirement costs All Executives and Managers agree to salary freeze to 2012 These actions would follow City Council, City Clerk, City Treasurer, Municipal Employee Association, City Manager and City Attorney payments into the retirement program. The Financial impact of paying into the retirement program would result in approximately $82,744 in savings to the City annually. The agreement to freeze salaries to 2012 would provide for one raise in a ten year period. National City is the only city in San Diego County that has not raised salaries members of the executive and management group since 2002. COMPENSATION PROPOSAL Authorize a 3% across the board salary increase. Authorize up to 3% increases based on performance. The City Manager, Assistant City Manager and Redevelopment Agency Executive Director will be excluded from these proposals. The ongoing cost to the General Fund is approximately $114,483 annually. The.total impact of this proposal is ongoing costs up to $227,362 for all funds. The City Manager, Assistant City Manager, Redevelopment Agency Executive Director are strongly encouraged to reside in National City. Authorize the City Manager to provide city housing or housing payments up to $15,000 per year to the Assistant City Manager and Redevelopment Agency Executive Director. Authorize the City Manager to provide one time performance based payment of $8,000 to the Assistant City Manager and a one time performance based payment of $7,500 to the Redevelopment Agency Director in lieu of a salary increase. Authorize the City Manager a one time sum not to exceed $20,000 for a deferred compensation program for executives and managers not in the City Manager's Office. None of these payments require contributions to the retirement system nor do they commit general fund payments in future years. City of National City, California CITY COUNCIL AGENDA STATEMENT 26 '4No.AEETING DATE May 5, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA TO EXTEND THE TERM OF THE AGREEMENT TO FEBRUARY 8, 2012, TO PROVIDE THAT THE CITY MANAGER SHALL PAY 3% OF THE EMPLOYER -PAID CALPERS MEMBER CONTRIBUTION, AND GRANTING A ONE-TIME PERFORMANCE BASED PAYMENT OF $17,500 PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney The term of the Employment Agreement ("Agreement") between the City and the City Manager is currently for the period February 9, 2004 to February 8, 2010, subject to early termination provisions. The proposed Amendment would extend the term of the Agreement to February 8, 2012. The Agreement currently provides at Section 7, that the City will make all PERS contributions on the City Manager's behalf, including the entire member's (employee's) portion of the contribution. On February 17, 2009, the City Council adopted Resolution No. 2009-36, providing that the City Manager shall pay 2% of the CALPERS member contribution. The proposed Amendment would amend Section 7 of the Agreement to provide that the City Manager shall pay 3% of the CALPERS member contribution. By approval of the this resolution, the Agreement would be amended as proposed. Additionally, the resolution would authorize a performance based payment to the City Manager of $17,500. The resolution would take effect immediately. Environmental Review J N/A Financial Statement Funds are budgeted. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Amendment to Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA TO EXTEND THE TERM OF THE AGREEMENT TO FEBRUARY 8, 2012, AND TO PROVIDE THAT THE CITY MANAGER SHALL PAY 3% OF THE EMPLOYER -PAID CALPERS MEMBER CONTRIBUTION; AND GRANTING A ONE-TIME PERFORMANCE BASED PAYMENT OF $17,500 WHEREAS, the term of the Employment Agreement (the "Agreement") between the City and City Manager Chris Zapata is currently for the period February 9, 2004 to February 8, 2010, subject to early termination provisions; and WHEREAS, the Agreement currently provides at Section 7, that the City will make all CaIPERS contributions on the City Manager's behalf, including the entire member's (employee's) portion of the contribution. On February 17, 2009, the City Council adopted Resolution No. 2009-36, providing that the City Manager shall pay 2% of the employer -paid CaIPERS contribution; and WHEREAS, it has been proposed that Section 1 of the Agreement be amended to extend the term to February 8, 2012, and that Section 7 of the Agreement be amended to provide that the City Manager shall pay a total of 3% of the employer -paid CaIPERS member contribution; and WHEREAS, it has been further proposed that the City Manager be granted a one-time performance based payment of $17,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fifth Amendment to Agreement between the City and City Manager Chris Zapata to extend the term of the Agreement to February 8, 2012, and to provide that the City Manager shall pay 3% of the employer -paid CaIPERS member contribution. BE IT FURTHER RESOLVED that the City Manager is hereby granted a one- time performance based payment of $17,500. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fifth Amendment to Employment Agreement is made and entered into this 5th day of May, 2009, by and between the City of National City, a municipal corporation (hereinafter called "Employer"), and Chris Zapata, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement (the "Agreement") dated January 20, 2004. B. Said Agreement was subsequently amended on or about December 6, 2005, August 1, 2006, January 9, 2007, and May 20, 2008. C. Employer and Employee desire to amend Section 1 of the Agreement, pertaining to Term. D. Employer and Employee also desire to amend Section 7 of the Agreement, pertaining to Retirement and the employer -paid CaIPERS member contribution. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that effective immediately, Sections 1 and 7 of the Agreement between the City and City Manager Chris Zapata (the "Agreement") are hereby amended to read as follows: Section J Term. The current Term of this Agreement from February 9, 2004, through February 8, 2010, shall be extended to February 8, 2012, unless sooner terminated by the Employer or Employee as provided in Sections 9, 10, or 11 of this Agreement. Section 7 Retirement. The Employer agrees to enroll the Employee into the Public Employees' Retirement System and to make all the appropriate contributions on the Employee's behalf, for both the Employer's share and 5% of the Employee's share, with the Employee paying 3% of the Employee's share. With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, as amended on or about December 6, 2005, August 1, 2006, January 9, 2007, and May 20, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF NATIONAL CITY EMPLOYEE By: Ron Morrison, Mayor Chris Zapata APPROVED AS TO FORM: George II. Eiser, 11I City Attorney MEETING DATE: May 5, 2009 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 27 ITEM TITLE: Update on Kimball Park Soccer Field project and request Council accept landscape design concept. � PREPARED BY: Maryam :.i/41Pud Lopezv DEPARTMENT Engineering Community (619) 336-4 83 (619) 336-4560 Services EXPLANATION: Please see attached report. Environmental Review N/A Financial Statement Acceptance of design concept will result in an increase to the project in the amount of $291,000. STAFF RECOMMENDATION Accept landscape design concept. BOARD/COMMISSION RECOMMENDATION N/A I1, TTACHMENTS (Listed Below) Resolution No. . Staff report BACKGROUND: The purpose of this report is to update the City Council on the progress of construction of a soccer field in Kimball Park. The following is a brief history of the project including a summary of action taken by the City Council in this matter: September 20, 2005: City Council approved a proposal to construct a natural turf arena soccer facility on the site currently occupied by Robles Field in collaboration with the Boys and Girls Club. Initial funding is via a $125,000 grant from the County of San Diego secured through the office of Supervisor Greg Cox and $73,046 in CDBG funds allocated to the Boys and Girls Club as administrators of the project. September 1, 2006: In a letter to the City Manager, the Boys and Girls Club notified the city that they are unable to continue as partners in the project. February 20, 2007: City Council approved resolutions reallocating the grant and CDBG funds from the Boys and Girls Club to the city. May 6, 2008: City Council approved pursuing a synthetic turf playing surface for the project. Additionally, $339,000 was allocated from capital improvements funds. September 16, 2008: City Council accepted an additional grant from the County of San Diego through the office of Supervisor Greg Cox in the amount of $100,000. January 12, 2009: The Engineering Department filed a Notice of Exemption pursuant to the California Environmental Quality Act with the County of San Diego for this project. April 21, 2009: An additional $79,466 in CDBG funds was allocated to the project. Presented tonight are design concepts using landscaping and recreational elements (i.e. picnic tables, benches, etc) as alternatives to chain -link fencing along the perimeter of the field to provide a deterrence to acts of vandalism for Council acceptance. These options satisfy the recommendations of the synthetic turf manufacturers for purposes of product warranty. FINANCIAL: The estimated total cost of this project is $1,007,512 which includes a 15% contingency. Total funding appropriated so far comes from the following sources: $339,000 in capital improvement funds; $225,000 in County of San Diego grant funds; and $ 1 52,512 in CDBG funds. Staff requests an additional $291,000 be allocated from Parks and Recreation Capital Outlay to complete this project. STAFF RECOMMENDATION: • Accept landscape design concepts. City of National City, California COUNCIL AGENDA STATEMENT '4,10IEETING DATE May 5, 2009 AGENDA ITEM NO. 28 (ITEM TITLE Report on Temporary Roll Back of City Fees — Council Initiated PREPARED BY EXPLANATION leaf Roger Post 336-4310 DEPARTMENT Planning & Building Department City Council directed staff to analyze a temporary roll back of City's development fees. The attached report provides some background on the issue and describes possible alternatives. Environmental Review Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION That Council provide direction. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Report A-200 (9/99) At the Council meeting of April 7, 2009, Councilman Parra brought up the idea of reducing Planning and Building fees for owner -occupants. Mayor Morrison agreed and at the Council meeting of April 21st, suggested rolling back fees to the levels that existed prior to the adoption of the Maximus Fee Study in September, 2008. He cited as examples re -roofs and a dance/music studio that had generated concern. A general guideline for fees is that they can be set at any level, but cannot exceed the cost of providing the particular service. As a foundation for the study, the Maximus group went through an exhaustive process analyzing the time and other costs associated with performing various functions. They did this for all fees collected by all City departments; the final numbers in the Maximus report represent full -cost recovery. With regard to Development Services fees in particular, this is consistent with the Council goal of growth paying for growth. The economy of course is in a far worse condition now than it was in September of 2008, with both residents and businesses experiencing great stress. Many of our customers are reacting negatively to the new fees and in some cases it may be affecting their decision whether to go forward with a project. A way to address this would be to temporarily roll the fees to pre -September, 2008 levels for a certain period of time. One characteristic of Planning Division fees in particular, is that they are set at a flat rate. Regardless of the complexity of the project, the fee for a particular permit is the same. To address situations where a project is either especially complex or quite routine, staff could be given the discretion to set up a time and materials account, where the actual City investment in each project would be tracked and the applicant billed accordingly. This is a more labor intensive approach and is not recommended for all permits across the board. A review of the Land Use Code shows that a very large number of uses require discretionary permits, which are time consuming processes involving Planning Commission and/or City Council public hearings. As part of the General Plan Update process it would be prudent to review what uses actually should be required to have conditional use permits or other discretionary permits. There may be many instances where City review should be confined to the issuance of a business license only. Additionally, some jurisdictions break -down conditional use permits into major use permits and minor use permits, with different fee structures. These options would of course be part of a longer term solution, since the General Plan Update is projected to be completed in 2011. A temporary roll back of the City's fees could be done as part of the Budget adoption process in June. Staff would prepare a cost recovery analysis on the effect of such a roll back on City finances. An Ordinance enacting the roll back then could be introduced once Council has considered that analysis. City of National City, California COUNCIL AGENDA STATEMENT 14"w'MEETING DATE May 5, 2009 AGENDA ITEM NO. 29 •ITEM TITLE TEMPORARY USE PERMIT — National City Public Library's 23rd Annual Chili & Salsa Cook -Off at 1401 National City Blvd. on May 16, 2009 from 10 a.m. to 3 p.m. This is a National City sponsored event. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the National City Public Library to conduct the 23rd Annual Chili & Salsa Cook -Off event at 1401 National City Blvd. on May 16, 2009, from 10 a.m. to 3 p.m. This event will include approximately 25 food booths, musical entertainment, children's crafts, activity booths, and a book giveaway. The event organizers request the use of the full City stage system. The event is a National City Sponsored event per City Council Policy #804. Therefore, the applicant is eligible for a waiver of fees. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP through various City Departments, plus $1,512.52 for Public works, and $600.00 for Fire Department Total Fees: $1,749.52. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CI"I'Y OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Public Library EVENT: 23rd Annual Chili & Salsa Cook Off DATE OF EVENT: May 16, 2009 TIME OF EVENT: 10 a.m. to 3 p.m. APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICE POLICE CITY ATTORNEY YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on City property at the National City Public Library, with set up to commence earlier the same day. Since the City is the applicant sponsoring organization, no insurance needs to be provided by it. I would ask that if there are any commercial or for -profit vendors at the event, that staff request that they provide evidence of Commercial General Liability insurance with limits of at least one million dollars ($1,000,000) per occurrence and that the City he named as an additional insured pursuant to a separate endorsement. As in the past, this is a relatively low -risk event, although I note that the Library has requested that 1 5`h St be closed from 7 am to 4:30 pm during the event. In light of the proximity to the Police Station, as well as Fire Station 34, it not necessary to have on site medical personnel; however it would be good to have a first aid kit available. Further, given that this is a chili and salsa cook off, staff needs to be reminded that only licensed medical personnel may dispense any form of medication, including aspirin or antacids! Otherwise, I have no objection to the TUP. POLICE (619) 336-4400 Two officers will be assigned from the patrol division to work this event. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event arc as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" tire extinguisher will be required. Extinguisher to be mounted in a visible location between 31/4' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not he more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal "I'ag" attached. Please see attached example 5) If tents or canopies arc used, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall he provided to the National City Fire Department if applicable. Canopies: 0-400sf- $0 401 - 500 sf - $250.00 501 - 600 sf - $300.00 601 -- 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 (+) sf - $400.00 6) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A map is to be submitted describing layout of event. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 10) First Aid will be provided by organization. Note: Fees for the event shall be $ 400.00 for canopies exceeding 601 square feet, and $ 200.00 for an after hour/weekend fire inspection. Total cost for this event shall be $600.00 paid directly to the National City Fire Department under permit. Fees can only be waived by City Council. PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division 1. Staff will deliver barricades to the parking lot prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post "no parking" signs along affected streets/parking lot before the event. 3. The cost to provide Street personnel support for this event is estimated to he: a. "No Parking" signs 20 (), $ 0.45ea $ 9.00 b. Barricades 4 @ $ 0.35ea = 1.40 c. Equipment/Truck Firs 1 @ $ 12.07 = 12.07 d. Man Hours 2 @ $ 32.57 per hr — 65.14 e. Total Costs $ 87.61 Parks Division 1 The cost to provide two park maintenance personnel for this event is estimated to be $1,024.65 for overtime • Setup 4 hrs (?, $93.15 per hr =$ 372.60 • Breakdown 4 hrs (a) $93.15 per hr = 372.60 • Cleanup 3 hrs (u), $93.15 per hr = 279.45 • Total $ 1,024.65 1. The City stage will be provided by the Public Works Parks Division 2. The City Public Address system will be provided by the Public Works Parks Division 3. The event organizational meeting will be held by the sponsor. 4. Organization will provide night time security. Facilities Division 1. Facilities will have one custodian and the electrician available. The electrician will do the electrical setups and monitoring, along with helping the custodian do event setups and general housekeeping. 2. Cost of labor overtime for 2 men is as follows: • 1 custodian 9 hrs $22.26 per hr = $ 200.34 • 1 tradesman 6 hrs @ $33.32 per hr = 199.92 • Total $ 400.26 Fees Unless waived by the City Council, the applicant shall pay $1,512.52 for staff costs associated with this permit request. This cost was estimated as follows: • Street Division: $ 87.61 Account #001-422-221-102 • Parks Division $1,024.65 Account # 105-442-000-102 • Facilities Division $ 400.26 Account #626-422-223-102 • Total: $1,512.52 Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. ENGINEERING (619) 336-4380 Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity --- call Charles or Mauro at 619-336-4380 CITY ATTORNEY (619) 336-4220 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. r.T ��i•s t �, i�<. �;ff—. {"4.� �r-•r r.� •+-t T,+i' 'arT`i!'('"'�""'�' �-_�'i,rf•.►�c'2^!+t1'1��•,.'S� i`�%��Tt r i �"' :r•�y%r 't11.Y•k'=.+'•rY t1riyz.�m,r {�.n Nd5f•�+'• ty•.3r�a'i.�a+a.*ti'4�H1s. z`i-3'r`hrt•'arJ1�c�r-!S�t'y 11!S:'' F"�'•y+a�d'� i.�ti• .11 li 'iJJJlr�l•.��'l'e. �`,ikttM..t±aa6' 41ie•Z1v.r1Juµur 1 wA r u_ I a vJ+. 1 77. 1 ,"‘i 74t4-,t+C.,.hTSbYZr6-b Type of Event: _ Public Concert Parade Motion Picture _ Fair _ Festival X Community Event _ Demonstration _ Circus _ Block Party Grand Opening _ Other Actual Event Hours: 10 CO/pm to 3 ame Setup/assembly/construction Date: 5/I41/Oq Start time: /:00 am& Please describe the scope of your setup/assembly work (specific details): to sf9e With 5ou.+i d bqsfam a,4id f7od.iu . Ia,Les, cha.-rs, Ca-t-iopf S Dismantle Date: 51lb/ 09 Completion Time: Event Title: .Z 3 rdi A►1 1,4441 Mai { .62,16a_ Cook- b1 a t L; 4:€440.{ "Dal Event Location: I40I Kia_fionat CI-1/Blvd (N C PL) J Event Date(s): From 5/(et09 to 5/(fo /09 Total Anticipated Attendance: '-{000 Month/Day/Year (9-00 Participants) (3 $GO Spectators) 4 : 3o amif) 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. l 5111 5-1•r-'eef i-c possible. - i�' no -,-then w.e're opn. I-P cf0 ed tl[ ff of .ta q-awi 40 4:30pm. ,� nT 4 4 r :I.?.sty ,..;:far."- ' 'c' to .fiY'f, �j i'.r.--i 4 ? +. • -.filth.N`Y.*..:`: 1v'',t'f1 it r ��? bS14 J,i 't p.y +� i~` y ,� i J� 1 V Nip, �j � r'c►� R, • •� . 1`�'+.---s- iY 14t. r it. ,f n ' �,f 1 - •hii t'• { t ,,,, ifM i�' t .. 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Ill., -1:7Tr'iOZ.1.t;•."r „y "M1 "LI,r'-.4.^"..1.... µrtr ;}:t:. ;itnrprf N i.. ...:7 ,% ' t • •• . c. .... t;II k r �JH.rr� s wl {�aq ,� t.ra A s� •,i i� a M H 1 t M J „ ,. `s of 4"+''� � i1 1.. .-4,- -,', M.,- .-41.:c� ,A,,..44..1 t..4,1, y.,.. .0 .i } :..,'� N t,,.}wr, � 1�;;�': sti , �,.. .,•11..iT •N,2 t'.s.' .1-.1=2 3.. .. .--r.''vd __ ;.3i_24T :i. .. °=:.'4•s-` " .+ ..t':. 1:. _i,i'.3 ..� faari Sponsoring Organization: Na ti-6.1 bran) Chief Officer of Organization (Name) M i n h Duor Applicant (Name): 30.4Achi BtwA4i For Profit X Not -for -Profit Address: 401 ID al i i1 ?*i&. tatiovtlik C'l'l/, CA c(a5D Daytime Phone: (WOO - 5660 Evening Phone: ( ) t Fax: (oiq) 410 -5868 Contact Person "on site" day of the event: 6o4adk.( 051-41 Pager/Cellular: big- a b Z - if[ 2.0 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 r - {{ -, - 7` .i': yam.-• t� , 1•, ,i". , ,5 ::: ..! .',r .?;:ri/ - r4; 4' Y"i 4',,- 1) 1) ,1,1 J�." T'+J u r Jw y+-:pr. ,s• �i••�'y 't'{^ £i',aa - tJ F„.x }, ' hk, rw ,,,.♦- ♦1'' o qt ♦ 3 f• v /, aa •f ij , m e. r': 14 4 [s 6 w -' ;'. i }•fi;I{_r. ',r vH ;:A ; k t '„ ♦ ea♦p. i^.. ♦ !� t.Je ."C•'•('31 :z•,i «r?+••r .Yy :, �'1yy •F1"4 i". t�7 Y •7« "�s r S�.4 f-a.y!t-.44.-, .= s-,- 1,- ".• Ettftt..-+4:t ,±a�IS.•1.lu..a.;{1Y. sbFr�.w+ .k-h Yam_ -a++ r.'?'�5. +: �'' 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): TO CN i1W LL! -f'he eye $ 3SO.QQ_Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ I r OOO_, QQ Estinmated Expenses for this event. $ #_What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? ,. r v ,7 •r { 1 l i '•'A r "'". rr.Jf ♦ { T is ;r ..J` 7 ri t-' , ;f '.f' + '.'4 a '(1 4 J' ,.--1 - . P... , ,'''' y*4. t 0 + / ,,,,� 1 ai t �Jy , .r -.-- . a+, d ..1 ♦' t �y1, j i . .+.k f f Y 9 `,i H. 'i d N • �-�.-*. • �'ti +��• h' � f _''� � � � � + z ra a � t,p 1•1� ,i sr�'ta ] � ! ; � i rr�! r�i �1 d w �♦ ► .ja� i rF..;. ; � .0)1t. n< -4'. :.. + 1 .Ye•. r''''''+�- G k-'-.1. ..'—, 4 hk'• t 'C;i'i'! .r� .r_3.t- 1 .. .. ♦ 1 :, - 4.,.. ♦ a 1 , . - ., an y♦1' ♦ eti{ n�^,ire +.' .,. i r { _ ,,1, a Zzi-74 ....., , t, i e n i r .7,..4...Y 7 •n..n�{. o ::!� u 7 7�.•L, '♦�f A T .� l..e. s .'<. A ♦i ] UP vci4 r+t yr ''Wn, ♦ ♦ Its'-:r? > v . i +b �_..e. a. Isv 1 w+ •t4r` ter, T V `t 1 ,Z ' i F- `L.r' a,y '9 I A - Y '✓✓� tr J 1r• T ? ('�3Y y SI + Jf r r-♦ M -. ! + 1 +i �� s! $ M s ! f t .i ! 7 {1 M , L ,31 1! r tt. -: • lµ..�+1 y "f �" l i y ;+ 'L, Ain rt♦ir s 1 � 1 r � y � p S` 1�+ '�i . `' -3, , ,,, MF-+ r .. ,i,e, ay.-�+ ^1 r {r•�-<4r.4� 4 ,.� ,4 fy,.� .' .c a� .�,7_ ..--..- t= a'. �n .. 'S„Q �i' . r; 11 6t..`...i'.!�': �:%1•.'`-,:�'::�--1'-r•--r'.--a-•�',1(1: `'i ^'Y'''_�5yi< �„ c'-- •i, Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. ufec''. (sF_... - Aar (KIF book arVe.-�c2au '"lU.�ir:�� Errf.Px��inrrtterr-f Fcod af'hs - G,! Schozi S+rich d rai�ina exar- _ YES NO If the event involves the sale of cars, will the cars come exclusively from N/A National City car dealers? If NO, list any additional dealers involved in the sale: -S,r --- --"r r+-'-r,"+ram rr. r�:4-� , r7;71:7_�... r'•---.- 7,77 ;73-4 ,t r?_.1c, '��tc 4i a- .fJ ! !� - •!JyrY•Jir, :6 ';.1: w `.4,,,;, .f�'�i .-..,: of,vi .. -:. -- 1 i, t t". . • ii It 1 + !,1 c.E1o:yyam,,,,, 4a1 ri -1,-, S'' .ova•�jy►�.:2q ha ` .. 1- •; ►°r.: ,., • ..t"i 0 h +�:y� +E LMuuP ^...1.`.. •V...4.4.i ,. H- � �'c'Nt. 4rN x-• u, 1'"' i . ...4- u i�., 4 :-±4'.c-e.t.:'naH4 .y:'��tf•1•f'F•tin4!•'". J; ah9.I.w'�. !t•4,,*-;= I..:y.+s,.t 1.4 :W, ;9•f-'f• 01 r:;s-:. • . `'•w�l.."X.V.?�41.II,44,44 n.h4 _ YES .� NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: food i4eiii5 athe r non - proF-f Oran 6 zdi xn _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies .Z6 Sizes 1p xID NOTE: A separate Fire Department permit is required for tents or canopies. ZC YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: on +6..b les in c4,+pd ti,w er &owl S. If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL X. OTHER (Specify): propc�,t-� ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) 8 rAG,A,S ; 5 won¢n•s in L; bral ➢ Tables and Chairs > Fencing, barriers and/or barricades ute,K'S ,Nometis Park > Generator locations and/or source of electricity • ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: (0 —15 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: TrciSh 041 a.Kd d st'ert' .TAM ��, � � F��, �~1� 1 ..t.' .t�-t..,_,,, t mti - �. mot. .+±o• ;r,•, i S•�:1+( ice' •t` .rt'� ) ; - 1t i ., , p^++ .-=7, f 1 . `i . ;.•r' ,tom f 4 c; P:r -,-T t c aia 3 rt: � i,r!'. 1, I t.fw;. 3; < t ". ff- • . y tt* • '� e r i r -r Jy +y=r AMA •-_' +-' Sr, o "41 t f, - I , 1 :0 ,.a s fit+ f, '�' 6 , •fl n ., o'Lt 1s,, ,. J: -5,., r•.,'9 ',, r.qv ..q i +. .. 1, , , e:ea,; } ! yn,, de,' �•,�� d t.1 7 Y tCk Via+ h ���}}ti 'C+4+t-,:o-ty..•,.k�1•'a-+!ry t.t , 4 j •,y-.• Y .� a:IC• N V:i +,.b Y .+!: ^C'�"�-i*`.!+'i•'C '!ti'Ft•?•t,.{.i, , !t`,st`hVI,`+a--A .'e.4',•hWA+ir...s.y4.'Q f^fi •tr,t+a:w-;< •a•rt^r d.a.r. ,•firr•ai.:r:..! •rrt^�-!N�,r A Please describe your procedures for both Crowd Control and Internal Security: W.e wct 4 1 (:e ha+tD 41kt aferaprtrke nu, fiber aF col ice ("twos Preset'►+ YES I 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 4_ 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. P•r11 Phi -b tea Ft re D p+ . Please describe your Accessibility Plan for access at your event by individuals with disabilities: 'flnp L�bra. n j C r wpIieS wi.-1'h AD,4 rvr[ah1rns • "Th.•�•, r.,1;.'!u'T'mo' •N`:1i' i.. ~w:.iij.. -!- -��' .... ;. .� �+ Is 7 ' ,� �•C�;t".7 4"4 : �:dN�.4-1x41:4apt„ri �3V Ni4"Y4Ltm.�?5°rwT•wztlz:.xr:T-:Iir`i y• Please provide a detailed description of your PARKING plan: Olt *671 paf-(cni y/ a•.nd. poicol LofA ad j ace 'i1- -b -,fie k-c?nb ca Th t- kxt.l.( el tls . Please describe your plan for DISABLED PARKING: Nei Cu.rbsicQe Feu-L(1 rtnd d.esina -Pc! seacps lof5. .z�.�T. .-.i �...^. .. �... r�.-•,.-. 1s�•^.r. r r..-ple �. �F... r.r�..: p,.�.. ..� rI• .r.e. ,.. red U t. w•+� ra�r r'd•e•• •fir �,!-, --�. a• .�:� t�ar^+'rrr - -.ate�� r r-r... T++ �i:• rr ��•? r 1•i^t' ^�`'•,is'1-. y.T;)i wjTi "Cir T�.9:1: !•: �4 1 '1�•:.�J�':i� i•. t: �;N i;w;:�� 1�. ,p::•`•:1'.'�«.1 -4 i s, ;I L • 7 'f , ? 't . { d � r ;17 a ` ' Q Y` 11, t; '' S ±. "4 2 �I•.....�vv ,ti . .. N"� P•r.t?� ,"';: _" by ti»t. tom• w•�-M, i 1 .••� .� �t' K e i'.•'^{• ♦ 1 k ar I +... „ i r.. ems• 1 .. ! j•'11 1'•J r -aj d { u� Y J ?' "{ ').,t. l.��� 'f '4. 4, ��V.vP� i 1,�'"_r'iT t,fl', 1• •ir.T ,:£x ?' F.,�,�c{� rl . ¢ 1 ! �, ;r, J . t41�. fir..• Yi!`�. � 4' ; r �7J " i it•A441-*:' . 4. .,04.4 !A.!�+ 'r�•r�•.!4�!*Ly,ri ^. t yli.•9 IF�hr .j;'y�a�.✓li��i''jj�;h ,;.Stp�7a•!r•{'a::Y�; °; 1+rh��lai:a..--t-'l�i��m•f�!ra#.G,aJ.'. t•rr.'mi.a: ;:..'�ti, �f•4`7!�4+ias.:t; �t ,ems �"`Y �.^'71 ^h 7 Please describe your plans to notify all residents, businesses and churches impacted by the event: Eve. 4 does ty4 imeacf 44,42 (bai NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 1 �'n•, r + �" l;• : 1 �, :_�,},T c •i u h : ,•d ^� s 3ti.r• i r *;.i H.` '4 ,,j'1 ; w -, 4 Tp tq t+`•! a r wrf ..� r 3 y r�1 It;,. a r• Per TSJ p -r•. .1. ,eii::�"'=f':y.�_�.st•a ._+'.�.:.,` :' ._1'�.a:; _...._nnnn� F!= '✓�::�.• r YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: F, Type of Music: tivtic. / ClL1+UJ ( X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: (0 am pm Finish Time 3 am/ m[� )(YES . NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: e5 R/'pm Finish Time 10 ®pm Please describe the sound equipment that will be used for your event: MobU .e sfuje Sou td 64 S-F-ettl 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: MS - of S 61414 haknrter'r • Revised 08/10/05 9 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department lV City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 14 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) X 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 Naf,rswit Gfif Fitb(it Libra r-Y ,,,,,► Type of Organization Librarr (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. X No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. )C 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. X 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) Signa S/o/o9 Date 1.5 City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE May 5, 2009 AGENDA ITEM NO. 30 ITEM TITLE TEMPORARY USE PERMIT — St. Anthony of Padua Festival, May 16-17, 2009 from 10:00 a.m. to 6:30 p.m. daily at 1816 Harding Avenue with no waiver of fees. PREPARED BY EXPLANATION Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division This is a request from St. Anthony's Church to conduct a festival located at 1816 Harding Ave. from 10:00 a.m. to 6:30p.m. from Saturday, May 16 thru Sunday, May 17, 2009. The event will consist of carnival style game booths, musical entertainment and concession canopies. The applicant will provide overnight on -site security (Knights of Columbus) for the event. Portable restrooms will be provided, as well. The applicant is requesting that Harding Ave. between 18th St. and 19'h St. be closed Saturday, May 16, 2009 at 5:30 a.m. through Sunday, May 17, 2009, 6:30 p.m.. Harding will reopen at 7p.m.on Sunday. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire permits and $72.45 for Public Works. Total fees are $509.45. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 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: St. Anthony of Padua Church EVENT: St. Anthony of Padua Festival DATE OF EVENT: May 16-17, 2009 TIME OF EVENT: 10 a.m. to 6:30 p.m. daily APPROYAI.S: PLANNING FIRE PUBLIC WORKS/PARKS FINANCE COMMUNITY SERVICE POLICE ENGINEERING CITY ATTORNEY RISK MANAGER YES [x] YES [x] YES [x] YES [x] YES [x] YES [ x ] YES [x] YES [x] YES [ x ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDTTIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE 336-4400 The PD does not have any stipulations in regards to this event. The information about the event will be provided to our officers and we will have "extra patrol". . PUBLIC WORKS 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division �l— 1. Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post not parking signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $ 72.45. This amount should be paid to the City, unless waived by the City Council. a. b. c. d. e. "No Parking" signs Barricade Rental Equipment/Truck Hours Man Hours Total Costs 6@$0.45ea $ 2.70 8@$0.35ea = 2.80 1.5 @ $ 12.07 per hr = 18.10 1.5 @ $ 32.57 per hr 48.85 $ 72.45 Parks Division Customer declined to use the City's stage, citing cost. Facilities Division No involvement. Fees Unless waived by the City Council, the applicant shall pay $72.45 for staff -costs associated with this permit request. This cost was estimated as follows: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the free event will be held primarily on church grounds. There will be closure of Harding Ave between 18`h and 19`h Streets for the duration of the event, which will he evaluated by PD. Overnight security will he provided by volunteers from the Knights of Columbus under the direction of a retired police officer, who will also provide overnight security for the booths, rides, etc. but this event would not be considered high risk. This event does not appear to present any undue liability exposure to the City in terms of vendors or facilities. However, there appear to be some pages missing, notably the hold hairnless and indemnity agreement, which must be signed by the sponsoring organization's representative. Pending receipt of same, I have no objection to the application. a FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Extinguisher to be mounted in a visible location between 3V2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example 5) if tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall he flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must he obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet `State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies: Tents: 0 - 400 sf - $0 401 — 500 sf - $250.00 501—600sf- $300.00 601 — 700 sf - $400.00 0 --200 sf - $200.00 201 — (+) sf - $400.00 6) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A map is to be submitted describing layout of event. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 10) First Aid will be provided by organization. Note: A $200.00 inspection fee for an after hour/weekend fire inspection shall be required. Total cost for this event shall be $200.00 paid directly to the National City Fire Department under permit. Fees can only be waived by City Council. Actual Event Hoursl0am/Satatn/pm to 6: 30pmSg t/pm • ♦+r ♦ -,x�r` �^ � �".+w `{ � ".-S'�..,trx �ti�•.w-�+ 1'� �+'i:.:= � f r' •.r'�`+r( • ♦ 7;474 #4---dsi+3d" '. �K"' 1 i. a•: -"o ' .6„ i r'^ t ?+-s i r,i4 rt' r ♦ 1 �' S i '�(` y t •i " ♦ s4 -F� } `S' ..1� iv{(�s 9vl� n a v ♦., :3'++:.' ;,�ItCFV'. Ar(�'N� � �i % • - - l.M � [ aV_ L ,i�• ,..1, W 1.i.� • }IA r� k {'• , .�.•_ E .."� J k - t �.• . aYi. sT 1,' . J •(.7.�!ry�l ((i•$+ei+yt�1 •4 7. + s^^1. 4•e�. r� r-�•1 -tr W-O"'t-3r- v. c._..(q•'�,•Y-s.�..IFe n_.•!r+++•n �.i��dsa-•r'-K',nti.�r+s�, L-'t'-t'.rwL�i.: i4^1-T.-�K'�!.�r Type of Event: Public Concert Parade Motion Picture Event Title: Fair Demonstration _ Grand Opening _4-- Festival Circus Other ST_ ANTHONY OF PADUA FESTIVAL Event Location: 1816 HA1TnTNG AVE. NATIONAL CITY, CA. Community Event Block Party Event Date(s): From OS/ t (- /n9 to 05/ 1 7/09 Total Anticipated Attendance: 400 Month/Day/Year ( 30 Participants) (300 Spectators) Setup/assembly/construction Date: 05/ 1 /n4 Start time: 5AM Please describe the scope of your setup/assembly work (specific details): set-up Canopies, food Booths.Games, Infomation Booths, Portibla Stage for Entertament,Portible Restrooms Dismantle Date: 05/ l 7/09 Completion Time: 7 : pm/Sun am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Harding Ave. Between 18th Street and l9th Street Harding will reopen at 7:om on Sunday Sponsoring Organization: St. Anthony of Padua Chief Officer of Organization (Name) 6_ Applicant (Name): __ St _ Anthony of Padua Church Address: 1 16 kl�rding Aue N-atinn<il City, Ca- 9195ft For Profit X No - or -Profit ilev_c_-1_ l Daytime Phone: (619)477-4520 Evenino Phone: (619) 477-2060 Fax Contact Person "on site" day of the event: vi-came—Tl i j prop_ "Pager/Cellular:-464-9_) 30f--292fi NOTE: THIS PERSON MUST 3E IN ATTENDANCE FOR THE DURATION OF THE EVENT .AND IMMEDIATELY .AVAILABLE 70 CITY OFFICIALS (619) 477-8708 ( _' ti l r••f : •, i it1 ` / �'.i ::i %�- .�:-,a- t' -f; v -c;�- c't:r'�'c;: tti� °� ti \, •i 1`il- ( 7 • - 'S.7•7 7fit -1 UYc t^' 7 '\''�� } j.f -t r �..• .� `c • s - w ' :6 - �•- • a C K 1 �, j ' L R 14-4 s nv�--�i` �• ?2,5Y� �G q+ 7.Y G\ .o s ,Z4- cr r! .'i t, Fr`.k•Mtt•�•fVK.�i• ,.YVi 7,•�'�'t••iN•..?'1.��+'T'�7Aic•T�ttl y��,�v.air�..�+w. •�t,...�«r�lh+�a�l i 7*Ss.fat!ti•�.i »�a�yfo�'�`'i'!�7!-:^'z�. Is your organization a "Tax Exempt, nonprofit" organization? _x YES NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): $ 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? r 7.N. x F.. .� N4' r� In T ••'•- Ir :"1. . _•h+atr te•. t _ :'; ram` Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Food Booths, Entertainment, music, Rides Set-up Tents for Games, Canopies for food Booths, Infomation Booths Portible Restrooms will be Provided QrEtrnigJ.t Sprurity will provdd d frnm Sat. thrii_ Sun i0 the event im olves the sale or cars, v:,II t;he cars come exclusively from National City car dealers? NO, list any adcitional dealers involved ;n the sae: 1 %% �ii�"!+{,�r;,�t w�i`}:��.F,,,.-�r. r�7. .�...�+ .-�•--••r�'Tw''ty`.�,.�;.i..- ..•rr-.�".��e-7K= U • F 1 L ,li 1 ) : A.•eb i �•�i - 4 jk ., r. .t• `I Y • rat KY tc, / - S. ,r',. •$..� •.0 r�?i,""� �..n �. yA'+.w+? '.i��'.�-i+f�^ta1�^c�:_...1 •,._• i..rier!.y 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: FOOD AND CONCESSION _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES , NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Diagram Attach YES — NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 10 x 10 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation areas Please describe how food will be served at the event: ALL PERSONS WEARING GLOVES, HAIR NETS, AND HAS HEALTH CART) If you intend to cook food in the event area please specify the method: GAS x ELECTRIC g CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 (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 Y Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You roust 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' 20 _ Trash containers with lids: Descrioe your Dian for dean -up and removal of `:vaste and garbage during and after the event: Vv]_.lAtyo rom P3r;Sh, trich hips (9) ranter/ from Waste Co •".��+I+yt�• nR f' ..v ; it,! r 1��h s t �}: Y •r,' i�N, �- �r;� . •t�6 r•''le?� }a_..-+v rig ttope,i LyIIttor .'.�.ZT sr ` t - ..a .'- ..• . i .. , t .r • , .'' t s r>. ` ,�NsZ. Ifr!•4Y '-p a i.. s'i 7 ! r T ,- :i r N 1 , r ,r„Y . ",„_ __, L r 1 Y t; .ss ... i .. , F "G-f r. ,..•• T c...1^ C• F'?i'a•x,••wMo•,.s.:73,7 •r-oi 1+d-!.r'i.': .....r.,,..i.r,....»�+? rrrY••' X n.,h s^ta- }+,0.1.%,!�aR.....* sr-?"i_;1.3 s'_i.?T.^'?i•.a.-r Please describe your procedures for both Crowd Control and Internal Security: Security will be some parish Members, Knights of Columbus, A retired National City Police Officer, Frank Chenelle on be site After Hours 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. 4 A first Aid Kit will be a Info. Booth near Stage, and Cell Phone will p_ on hand Please describe your Accessibility Plan for access at your event by individuals with disabilities: Handicap Parking Avialable, Including a pathway -r 4'44f r if s'i :�Pit:.'7— Y.. .,• r`�i� r s ' r' �. S.i "•y--.a.fit+^K`' f� . ?.r ` ir- i. 4 —rl •I • ,•1 ` + •• 'r f• •R j S t ��. Tt �•t''�"'` a....'ri _Nw�•i c�I T.re�-�.lrt_`^'" �:Y^•.,' d+r...Yti:— Please provide a detailed description of your PARKING plan: Parking Next To & round Parish Please describe your plan for DISABLED PARKING: Mark Parking >^^}}'T:.(r'i , K i t:'`.'�p- .7, i.r' ,• : yT't �:,• • •�., 1'- •Y"'�•C1��1'a."�.i�'lirle>'}t' t4' {1�.� • •jn4 , as'G� �'i t h' 3 i h-•r^�i.•�� Key t' 1. :7 °>•t�. _ at w -+ tt. , > .-e•'> • ♦ ; to t 7 ...i+.� w ; -r 1 t K: l r •� ra or > •'-1 f f a j,tyr>�.w.F:.r •a. i 1� ys.i f,Y:��! rat i*-`,.,o•.f.y^r.t 4. r -i< r ..w. --��•..,r. r�^•� q� T. a ,,..ter. • o 5 W s y . •••� a 5id71 It3.'•��rti�•.^T+�,�._ .a.f�ir ,a.t�irc K't• s•�..r•.t 4Ib. }Ze.jt �M:S• .r .i •�dia`�-'.T..1,•r x j �•+"*"."' t_R •,J Please describe your plans to notify all residents, businesses and churches impacted by the event: Will. Notify Residents, two block Radius Prior to Event at least 2 weeks in advance. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. iQ' •tfi. i; "-r. :.�..-�'r lfi. _ t.�.�Ct-�"si:`.'•l��.!ir�--T'LT'--ti.:Q,,,,;,; �; �t ;,a•3; r-. ?--+.:,+r. i • 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: Type of Music: 1 Number of Bands: mariach, Foiklorica, Alabau7.a X YES NO Will sound amplification be used? If YES, please indicate: Start time: 10: am/sat . am/pm Finish Time 5 : pm/ Sun am/pm x_ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 9.311Zm/Sar am/'pm Finish Time 10 am/S,r am/pm Please describe the sound equipment that will be used for your event: I)J and PA Equitment YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: RYES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners on Church Property to Annouce Event, Lighting round Booths at Dusk Revised " 0/3/01 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Katleen Trees, Director Bu iding & Safety Department REQUESTFOR A WAIVER OF SEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. :l0 ;'Please 3roceed to Question .i It 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date Id- (X) Trmsk CONS c� resS!>n �L NI .� r� ,..., -r- t 3 'o!(' /0J ( 1 2..0 4- - °. 411 I I UCH 1i I. rill sill 1 4 1 1 1 1 (5 e 4fi / h' 1 lf't -4 F0'4- M 11 1 wl It, 1 i 1 1 I '----'-'''. TOO tbo .c,./.,t0:7-(t/r-T--.7---- 1 /u e City of National City, California COUNCIL AGENDA STATEMENT ``•-' MEETING DATE May 5, 2009 AGENDA ITEM NO. 31 ITEM TITLE TEMPORARY USE PERMIT — Old Town National City 5th Reunion at Casa De Salt. - on June 27, 2009 from 2 p.m. to 5:30 p.m. with no waiver of fees PREPARED BY Vianey Rolon, 336-4364 EXPLANATION DEPARTMENT Neighborhood Services Division This is a request from the Community Youth Athletic Center to conduct the Old Town National City 5th Reunion which will take place on a one block area that encompasses north, south and the west corners of 14th and Harding Avenue. During the event, Casa De Salud will be open to display memorabilia photos exhibited on tables. The applicant is requesting the use of a City stage, which will be set up at the end of 14`h and Harding Avenue. Security will be performed by volunteers and participants as well. This event will require the closure of Harding Avenue and 14th Street and Wilson and 14th Street for the entirety of the event. Ott Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire permits and $851.52 for Public Works. Total fees are $1,288.52 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING ANI) SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Community Youth Athletic Center EVENT: Old Town National City 5th Reunion DATE OF EVENT: June 27, 2009 TIME OF EVENT: 2 p.m. to 5:30 p.m. daily APPRQVAI.S: PLANNING FIRE PUBLIC WORKS/PARKS FINANCE COMMUNITY SERVICE POLICE ENGINEERING CITY ATTORNEY RISK MANAGER YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES Ix] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x J NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SITE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE 336-4400 The PD does not have any stipulations in regards to this event. The information about the event will be provided to our officers and we will have "extra patrol". . PUBLIC WORKS 336-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below / denial after careful consideration due to the reasons listed below. • Street Division 1. Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post not parking signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $ 114.38. This amount should he paid to the City, unless waived by the City Council. a. "No Parking" signs b. Barricade c. Truck Hours d. Man Hours e. "Total Costs Parks Division 6(c00.45ea 6@$0.35ea 2 @ $ 19.09 per hr 2 @ $ 35.70 per hr $ 2.70 2.10 38.18 71.40 $ 114.38 1. The cost for our standard stage (13' X 28') set up on $368.60 and breakdown is $368.60 for a total of $737.20 for this event. 2. Event organizers will he responsible for the clean up.. Facilities Division No involvement. Fees Unless waived by the City Council, the applicant shall pay $851.58for staff costs associated with this permit request. This cost was estimated as follows: RISK MANAGER (619) 336-4370 reviewed the application for the proposed use and note that the event will be held on City property at Casa de Salud from 2 pm to 5:30 pm to accommodate set up and clean up. They anticipate 400 people in attendance so this is a moderately -sized event. The applicant sponsoring organization, Community Youth Athletic Center, has not yet signed the Hold Harmless and Indemnification Agreement: this must be done by its Chief Officer, Carlos Barragan, Jr. The contact persons on site the day of the event are Rosalie Zarate and Eddie Perez. I have had discussions with the co-sponsor of the event regarding insurance and appropriate coverage has been requested. For a this event, we recommend commercial general liability coverage with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000.) aggregate. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on the CGL policy pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. I have asked that the AIE specifically reference this event. 1 note that there are street closures planned which will be addressed by PD. I have no objections to the proposed use. Let me know if you have any questions. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall he maintained for the use of fire lanes. 4) All cooking booths or areas to have one 2A: l OBC. If grease or oil is used in cooking a 40:BC or class "K" lire extinguisher will be required. Extinguishers to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. A single fire extinguisher shall be mounted in the area of the stage. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example. 5) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to he used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed. Canopies: Tents: 0 - 400 sf - $0 401 - 500 sf - $250.00 501 - 600 sf - $300.00 601 700 sf - $400.00 0 - 200 sf - $200.00 201 - (+) sf - $400.00 6) If Charcoal is being used, provide metal cans with lids and label "110T COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 9) First Aid will be provided by organization. Note: A $200.00 inspection fee for an after hour/weekend fire inspection shall be required. Total cost for this event shall be $200.00 paid directly to the National City Fire Department under permit. Fees can only be waived by City Council. 'Type of Event: Public Concert Par ode _ _ Motion Picture -42 Fair Demonstration Grand Opening ',up% e 416.1.6 66 614660 6,6\6465 M4661, fr4 6.4,1,64 - I p • ;t914S-SVZ:t Festival Circus Other _ 411 Event Title. O.L.A AcitAJ.PN 11-14 CA Event 1.ocation-Cf4SFt Event Date(s): Rol Actual Event Hours: 1#9‘'.00 am/a to St SO ani/gui. 47/ Setup/assembly/construction Date: igi 09 Start time: Please describe the scope of your setup/assembly work (specific details): 0 te...44 -1-0 X Community Event Block Party Rz. 4n1 or) fl DI to Q c.-T) Totdl Anticipated Attendance: Si-'00 Month/Day/Year Participants) Spectators) SA- 14 f) - %co aviim Cont O-P +tal DismantD le ate:47 P-7/? Completion Time: 42. 00 am/pm .6•••=o List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. -04 c e fAci 1t St • 0110.,,i,it'51,:ir, j• j, 4411.4 . Sporisorin13 organization: Osymrn at" ,r.166N,Trt .6 -6 646 A:. 41.146.6- • •-,(-1 Aki-hlitti.c_kor Profit Not -for -Profit Chief Officer of Organization (Name) C r Applicant (Name Ly CCU- 10S _act Address 2)_N.)..c&'tekir\cd b C.it Daytime Phone: &P6 4 7 4"S' Evening Ph le: (61$ 91901-- (=6 "Fax: (..__ ) Pager/C11c11;r: 11 a Contact Person "on site" day of the event- NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a 'Tax Exempt, nonprofit" organization? Are admission, entry, r participant fees required? YES NO ‘C YES NO If YES, please explain the purpose and provide amount(s): J.t r?do e - ,,cSh,tON- Qt'Qch4.4 1.0 _ CA.S„. .&t.. s4J lc/ -COncL Estimated Gross Receipts including ticket, product and sponsorship sales from this event. LAc` r1 Kw) r-� Estimated Expenses for this event.0 if) p00. Vc' What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? it p k,n Ott n Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. i _ t) e n-fi , �� � � � Tc L - � ( �. on et C ri ? o�l� Ca��`Qca r r1Cor71 Past-'5 130r So4l rh r f iY-c:D l4-tt Ox.rc,ln� �- ?--1;i-u(1+1 not tO ��-sCorD(C/0- A tt1��r� PkvQc_ i h� f r et_a_ (=> t 1► z t 1 b 2 `E-L Sty rc,itie, 51 D r1--0.! - f_r1 tf'-/-t% ? c_ r cl) n � 1 - 4- kA_ )) s D n ODD. r(Ot(fr11 %� �t)�n�' � C U St41-uD bz. (Dy n a lot. U Sezi-�-� ( )- M%rr`Lf`e`b h 9 om kfl'L Crz3sc. C4Or1nt c,+ e t+sat /4b),I) YFS -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. r.. (40 YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services`i`he sold at the event? If yes, please describe: OT/w 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. KYES NO Does the event involve a fixed venue site? If YES, attach a detailed site reap showing all streets irnpacted by the event. YES NO Does the event involve the use of tents or canopies? If YES Number of tent/canopies Sizes / OX / d NOTE: A separate Fire Department permit is required for tents or canopies. i( YES NO Will the event involve the use of the City stage or PA systern"? 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 r Please describe how food will be served at the event: r - _Q .rill. If you intend to cook food in the event area please specify the method. GAS _ ELECTRIC CHARCOAL OTHER (Specify) rtuthnt Portable and/or Permanent Toilet Facilities a " C a dtr Srra.-t ua � S� r6 b % Number of portable toilets: 42- (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) ;tC 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, sjas, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters \f� (Note: You rnust properly dispose o waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: _ Trash containers with lids: I Describe your plan for clean-up and removal of waste and garbage during and after the event: u L la) l l t (r1 ckA L v o I u R- P_ r5 hti P W 1 TA- CtQah u teti-ce. L I t i 114.04, d 4.44 p sqzr .1 / Please describe your procedures for both Crowd Control and Internal Security: Serer/G,t, i..S v II° el a v�` eii) rs r87 01 (sortaarclinct u) I i 1ext- Jot unLrg cio‘n _ n"Cte-r c 1 -52.c. y r /fir, • 1.1)t 11 eLS ci j OJl YES k 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: YFS 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. i rs-f 11 R- u -74cd- n h Please describe your Accessibility Plan for access at your event by individuals with disabilities. n CI,t A. t �a Oils LAI i' 4--1-, T t Set b i/ 1-� r€ s hate, p z n a- e_f kkovs, i n 4' 1-h tr Please provide a detailed description of your PARKING plan: ncitvi�aetIs ut i zc cubit c, Par,�n Please describe your plan for DISABLED RKING: NIS 5��� •�a j'�?y'xPu-t .yfit;S•t��,tr'-�: !�}Ali{�� T�1 f.••`�llts � I[111 •f l7l �t-I, Please describe your plans to notify all residents, businesses and churches impacted by the Dooevent r-f-vvor hAiry ti rs .- � ��Js P& er via o q c cv1QI CfS 4z4— - ( t r5 �. 9-r:_ art. tnl 1 �. ho mes o v' �' ' r be hours in advan - wOn f NOTE: Neig orhood residents must be not feed 72 o s ce e e e t scheduled in the City parks. it+ ,Y':;' 3' tY3' 7u}f_r ri ifs: I<ri:c,Z p 1"fF"lM 1,l,•YNIsr4+ .{.L.t1T,:i.!4. to 14T at:. XYES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: _ Number of Rands. Type of Music: ,I°r1S LOr ic, q n e,I, rS NO Will sound amplification be used? If YES, please indicate: �� M Start time: kQs:O Q ham/pm Finish Time S'.'So ?_r am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: X YES Start time:ta.Ot ' __.am/pm Finish Time _. am/pm Please describe the sound equipment that will be used for your event: ' Cn4 ‹A.S Q�L�r; D 4 u,A7 m L YES )(NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any si ns, banners, decorations, special lighting? If YES, please describe• t�2o_EV-- Jt. ri Revised 08/10/05 b�h C& t- , __tn.-PQr.r'''`Oi tom- -. QW%S 4 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. proceed to Question 6)L1 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. X. 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 ate ate 10 rim-Ul-cuuo lUC U(. 10 FM uongre ;span Dori r i Iner rnA lYu. olu4cc IcuU Fror-r Rosondo Acevedo At Q rgliardl lnsuranr rncos raYID. 408-414-8100 To' Al Alvarado 6 1l;:e 7, mT4 4/9/7!t:/1;r1 ;I 1 :I 1 111 I fIII !!1['il l' lil,l 11: . •I I 'I I y qo I , ! , 1 ?f' I I h JAB ,: fficint I Ame,of Organization: ,Pie '.Type of, ganization: /A/ -Lea? r. uliul Data: 41712009 11.57 AM Pngo. 2 of 3 ' • !II '• Your Sports and E l: i1/I1 n♦{{ pa'ists J. t 1 D'iv'e •• �1'lorgan liil, CA 95037, Ph- 408) 414- �ti •'Fax (4911)Ii14-F!l'?`� 1 , ; t '� ,Iyk l I If;i� ;�!'' i 'rl,i II ` li Ed AL r+ % EN f �L .i I'' Y. URAN N�' I '� 1,I1! a' 1 I t � ,l�„ t�ryr. 1� � 1�,11 � 'III ( !, .Ili ! I, I APPI ; . �T CSN ! I I .I, I 1 'l' I�+i,.„ ,1•, • 1� yy .I '!' (�EII�' s' Contact Pl rson: Street Address: Cijy: Tel pl ,� I I ri 1 1 11: f I1/NAh.✓d rov4� 4h-I I ; . (/, j,;I; 1 r�' 1 , I, �3as• ai ' i 4-Yet i t f ;i ' 41ti ehr Mil •J/3p /Y),/c gs TP I^-: Gr l'Y - State: CI LL-1,, 3 I' 1. ','I-.. . I, _— "Lip Code: q/ ` fe2 Fax: 619" P?7T 9 8w Gmait al- a? i/c•2 1 .I Imo, , • • II :'1:'. ,// %Glv.5(1 • f; �t �n�lh orm 't>Ign' �y/v • 1. • , .yII, : If7 • - :1Sljet: I I, if 1171.Ij✓. Dcsctipit� n of Event: _ y'�y- ��yJ 1�i *its i► Liability Coverage Desired: 1 %�/ U/t% Aclditiorial L1mit ' Desired: nil ' Date of Event: '4/e O Estimated Attendance: 1 1 ' I. �I f; 4G V 01/, t •I III !r I� IIj II ll ✓�! 1Ib 1l1 1 ,�i1 Ali 7i�t o c• I1. I--F,:!��y I It; •+.I'U (,I1�.� ,I I' I'�^ r veri , , I , ( {,t �y Re il4'Gf —In ; i l i l i I' . f 1. Iii r , r 1 � I tole_ • .1 Event Budget Estimate: Is the event held Indoors or Outdoors: _ Additional Coverage Required: ! therbe any Celebrities at this event? If so Who? I I .'i.L;I I.I ' ill; i lit I; I I, I j I1,1: ,, 1')I 1111; I O+j't ;I I I' 11'j II1 .1I • .I I # of (.oni 4 sionalres:1(f4 ; I j i , Irage: (If Applicable) , eIi••'� i }' '' # of�;oncesslori�lres• (ttclnG I ,.food sales) 1 II ,1 !salts) 1 •' 11 • • i 1 ,1 i' I I, :' • t.I• j, ,i. ! LI ',HPIi,v 1 j' ,1 '1 j•, 11 1 ;i,: ji'�; 'I , ids .l II ; , I •j n '!•iiii, • 1 ' I • f fi I I11 '.,r ,• I I r II�I • '' ! f City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity c 2 Z g r 4-±t f Eli, E 'Ci-re Z Address 17 3O E.. I � S N4 ton 4,1 et,„, o p- Teleon p 4I4.- ('193 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date Fo! orrice use Only Certificate of Insurance Approved _ Date REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization L' \j Pt-C.-GE1rm r 0 fl % a �'-1-h t c� Ce rill.r r- ` ype of Organization 6 O\ C— ND � T rC"f"' 1 (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? i, Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) .04 17.1 724 S j \NILLSoN ifivF_ 131A (LP_ i CA D ES Q r.3 rJ i cri c7.1 i3 i7 D r] l L rov 3 -91U 1 11-1 i4 for Office 'Use Only Event: Department - - - - — Approved? -- Yes No Specific Conditions of Approval _ Date Initial Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City, California COUNCIL AGENDA STATEMENT N.1r MEETING DATE May 5, 2009 AGENDA ITEM NO. 32 Nor' ITEM TITLE TEMPORARY USE PERMIT — Lions Club Annual Independence Day Carnival hosted by the City and the Lions Club at Kimball Park from July 1, 2009 to July 5, 2009. This is a City -sponsored event eligible for a maximum fee reduction of $1,500.00 per day. PREPARED BY DEPARTMENT Vianey Rolon, 336-4364 Neighborhood Services Division EXPLANATION This is a request from the National City Host Lions Club to conduct the 65th Annual Independence Day Carnival at Kimball Park from July 1, 2009 to July 5, 2009. The carnival's hours are as follows: July 1-3, 5-11 p.m.; July 4, noon-12 a.m.; July 5, noon — 11 p.m..; The parade occurs on July 3 from 6 p.m. to 7 p.m., and the Miss National City Pageant occurs from .8pm to 10pm. The carnival will include rides, food booths, bands, contests, and a fire works display. The applicant requests the use of the City's stage for the carnival. The parade is scheduled for July 3, 2009. The staging area will require a street closure on D Avenue from 12th Street to the entrance to the park parking lot. Closure will be from 8am from June 29th to 10am July 6`h The parade will disperse in the parking lot. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. However, since this is a five day long City -sponsored event, it may be appropriate to consider a $1500/day or $7,500 reduction. In the past, the City used this procedure for this eve The City has incurred $345.00 for processing the TUP, plus $2055.00 for the Fire Permits, $23,913.72 for Public Works. This is a co -sponsored event eligible for a $1500.00 co-sponsor credit for each day of the event, Account No. "Total Fees are $18,813.72. Environmental Review X N/A Financial Statement Approved By: Finance Director STAFF RECOMMENDATION Approve the Application for a Special Event Permit subject to compliance with all conditions of approval and approve the waiver of fees in the amount of $7,500.00, as was granted for last year's event. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 Application for a Special Event 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: Lions Club EVENT`: Annual Independence Day Carnival DATE OF EVENT: July 1, 2009 to July 5, 2009 TIME OF EVENT: July 1/3, 5-11 p.m. .July 4, noon-12 a.m. July 5, noon-11 p.m. APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] NO [ l YES [x] NO [ ] YES [ x l NO [ ] YES [ x ] NO [ 1 YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: POLICE (619) 336-4400 This 6-day event will require the largest amount of personnel staffing. The cost estimation will also involve staffing personnel on a fixed holiday (4`h of July) which would involve holiday pay issues. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, agents, and volunteers as additional insureds, with the City and its officials, employees, agents, and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire Department a minimum of 14 days prior to the event. Permit fee is five hundred two ($502.00) dollars. Fees can only be waived by the City Council. 2) Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3) A Fire Department Permit is required to operate a carnival. Permit fee is five hundred ($500.00) dollars. Fees can only be waived by the City Council. 4) A Fire Department Permit for barge loading is required. Permit fee is four hundred fifty one ($451.00) dollars. Fees can only he waived by City Council. 5) Minimum six hundred ($600.00) dollar after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. 6) If tents or canopies areused, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall he flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall he provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents: 0 400 sf- $0 401 - 500 sf - $250.00 501 600 sf - $300.00 601 - 700 sf - $400.00 0 -200 sf - $200.00 201 - (+) sf - $400.00 7) All cooking booths to have one 2A:IOBC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal "fag attached. 8) Provide metal cans with lids and label "11OT COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 10) Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 11) Fire Department access into and through the booth areas are to he maintained at all times. 12) Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 13) Fire Hydrants shall not be blocked or obstructed. 14) Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. Note: 'Total fee amount for all Fire Department permits is two thousand fifty ($2,055.00) dollars. Fees can only he waived by City Council. If you have any questions please feel free to contact me. FINANCE (619) 336-4330 Lions Club must provide a list of all vendors at least 2 weeks two weeks prior to the event. Each vendor must he licensed before participating at the Carnival ENGINEERING Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors during construction. Please contact Charles at 619-336-4380. %.6 RISK MANAGER (619) 336-4300 I've reviewed the application for this proposed annual use and note that the event wilt be held primarily on City property at Kimball Park; however a portion of I) Avenue will be closed from 8:00 am on 6/30 through 10:00 am on 7/7, a substantial period of time. in addition, numerous streets will he impacted by the parade and staging area. The applicant sponsoring organization, National City Host Lions Club, has NOT YET signed the Hold Harmless and Indemnification Agreement; importantly, no insurance certificate(s) have been provided. Insurance: For an event of this magnitude, involving carnival rides and fireworks as well as night time exposures, we should require Commercial General Liability coverage with minimum limits of two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000.) aggregate. In addition, because of the parade and the fact that 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 two million dollars ($2,000,000.), combined single limits, must be provided. The auto coverage must include the designation for "any auto", i.e. owned, non -owned and hired. Further, the City of National City, its elected officials, officers, employees and agents must he named as additional insureds on both the CGI, and auto policies pursuant to separate endorsements which need to be provided, along with the certificate (acord form) prior to the event. Finally, the organizer must ensure that the fireworks technician is licensed and certified and able to provide liability insurance with limits of at least Live million dollars ($5,000,000.) per occurrence and ten million dollars ($10,000,000.) aggregate. Again, the City must be named as an additional insured pursuant to a separate endorsement. This must he provided by the vendor's insurer prior to the display. As described in the application, the first aid/paramedic coverage appears light. "I'he TUP only references "911" and first aid kits at the carnival office and the Lions "Train. What about during the course of the fair, while the rides are operational, or during the parade'? Last year, an ambulance from AMR was on scene at least for the parade. Let me know if you have any questions. The sponsoring organization and/or its vendors may contact me directly re compliance with any of the insurance requirements. Thanks. PUBLIC WORKS 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Streets Division 1. Staff will barricade affected streets and remove them when the event is over 2. Staff will post "no parking" signs along affected streets before the event. 3. Staff will install Banners on poles over National City Blvd/Mile of Cars in the 1800 Block. Light standard banners (City owned green light poles) on National City Blvd. and Civic Center Drive will have to be installed and removed by contractor hired by event coordinators. 4. The cost to provide Street personnel support for this event is estimated to be $2869.99. This amount should be paid to the City, unless waived by the City Council. a. Standard Hrs (8 X $32.57) b. Overtime Hrs (31 X $48.85) c. No Parking signs (86 X $0.45) d. Banners (N.C.B. @ 18th ) e. Equipment (32 X $19.09) f. Barricades (130 X $0.35) g. Total cost for event Parks Division $ 260.56 _ $1,514.35 $ 38.70 $ 400.00 $ 610.88 _ $ 45.50 $ 2,869.99 1. The event organizers shall provide nighttime security for the park and City equipment for the duration of the event. 2. The event organizers shall provide a trash dumpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide park maintenance personnel for these events are estimated to be $15,471.91. • Set-up Stage 4 hours @ ($155.25hr) five staff $621.00 stage set up for event 4 hour minimum regular time. • Break -down 4 hours @ ($232.88hr) five staff $931.52 stage break down 4 hour minimum regular time. • Event Overtime Hours 245.5 hours @ ($46.58hr) staff will work every night and day during event $11,435.39 • Clean regular hours 80 hours ($31.05hr) $ 2,484.00 clean up park on Tuesday July 7th after event 10 staff 8 hours each. • Set-up on Tuesday June 30th five staff (4) hours normal hourly rate • Wednesday 7/1 from 5:00 pm-11:00 pm two staff (12 hrs ) OT • Thursday 7/2 from 5:00 pm-11:00 pm two staff (12 hrs ) OT 5 • Friday 7/3 from 7:00 am-11 am three staff (12 hrs) OT • Friday 7/3 from 3:30 pm-11 pm three staff (18 hrs) OT • Saturday 7/4 from 7:00 am-3:30 pm three staff (23.5 hrs) OT • Saturday 7/4 from 3:30 pm-12:00 am 6 staff (45.5 hrs ) OT • Sunday 7/5 from 7:00 am-3:30 pm 10 staff ( 79.5hrs ) OT • Sunday 7/5 from 3:30 pm-11:00 pm two staff (15 hrs) OT • Break down Monday 7/6 from 7:00 am-3:30 pm five staff (28 hrs ) OT • Tuesday 7/7 from 6:00-4:30 10 staff (80 hrs) normal hourly rate Facilities Division Estimated costs to provide facilities personnel are as follows: • Electrician Regular hrs: Wednesday 10 hrs @ $22.21 per hr = $ 222.10 Thursday 10 hrs © $22.21 per hr = $ 222.10 Monday 10 hrs @ $22.21 per hr = $ 222.10 Total Electrician Regular Hrs $ 666.30 • Electrician Overtime hrs: Wednesday 3 hrs @ $32.32 per hr = $ 96.96 Thursday 3 hrs @ $32.32 per hr = $ 96.96 Friday 4 hrs @ $32.32 per hr = $ 129.28 Saturday 8 hrs @ $32.32 per hr = $ 258.56 Sunday 8 hrs @ $32.32 per hr = $ 258.56 Total Electrician Overtime Hrs $ 840.32 • Plumber Regular hrs: Wednesday 10 hrs @ $22.21 per hr = $ 222.10 Thursday 10 hrs @ $22.21 per hr = $ 222.10 Monday 10 hrs @ $22.21 per hr = $ 222.10 Total Plumber Regular Hrs $ 666.30 • Tradesman Regular hrs: Wednesday 10 hrs @ $22.21 per hr = $ 222.10 Thursday 10 hrs @ $22.21 per hr = $ 222.10 Monday 10 hrs @ $22.21 per hr = $ 222.10 Total Tradesman Regular Hrs $ 666.30 • Custodian Regular hrs: Wednesday 10 hrs x 2 staff @ $14.84 per hr = $ 296.80 Thursday 10 hrs x 2 staff @ $14.84 per hr = $ 296.80 Monday 10 hrs x 2 staff @ $14.84 per hr = $ 296.80 Total Custodian Regular Hrs = $ 890.40 • Total cost for event $5,571.82 Unless waived by City Council, the applicant shall pay $23,913.72 for staff costs associated with this permit request_ This cost was estimated as follows: Street Division: $ 2,869.99 (Acct #001-422-221-102-0000) Parks Division $15,471.91 (Acct #105-442-000-102-0000) Facilities Division $ 5,571.82 (Acct #626-422-223-102-0000) Total: $23,913.72 Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. EVENT INFORMATION Type of Event: Carnival, Parade, Miss National City Pageant. Event Title: National City Host Lions Club 65th Annual Independence Day Carnival Event Location: Kimball Park for the carnival and the Miss National City Pageant and the parade route, Civic Center and Wilson Street & and into the parking lot. Event Date(s): From 07/01/2009 to 7/05/09 Total Anticipated Attendance: 20,000 Month/Day/Year (1,000 Participants) (19,000 spectators) Actual Event Hours: Carnival July 1, from 5pm to llpm July 3rd 5pm to 11 pm Jul 5th from Noon to llpm July 2, from 5pm to llpm July 4`" from Noon to 12pm Actual Event Hours: Parade prLip qy s�Mm� ;r J4 :h 3%.11.-ti 3t&V Actual Event Hours: Miss National City Pageant Q p rv� Friday July 3rd vY - t iO Setup/assembly/construction Date: 6/29/09 Start time: 7:00 am Please describe the scope of your setup/assembly work Set-up carnival rides and booths, set-up of food and deli booths, move in stage, setup and fence off fireworks area and move in additional dumpster and port -a pottie.* Change parade and pageant* Dismantle Date: 7/6/09 Completion Time: 4:00 pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. We will need to close D Avenue from 12th Street to the entrance to the park parking lot, Closure will be from 8:00 am June 29th to 10:00 am July 6t. APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: National City Host Lions Club For Profit Chief Officer of Organization (Name) Brian Clapper Applicant (Name): Vince Reynolds Address: 1243 Manchester Street, National City, CA 91950 XX Not -for -Profit Cell: (619) 962-3756 Day: (619) 477-5532 Res: (619) 479-8165 Fax: Contact Person "on site" day of the event: Vince Reynolds CV A. E-mail: vincedepaul@ro-sewr.net Pager/Cellular: (619)962-3756 NOTE: THIS PERSON MUST BE IN ATTENDANCE E'OR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE 'I'O CITY OFF'ICIALs FEES/PROCEEDS/REPORTING 1s your organization a "Tax Exempt, nonprofit." organization? XX YES NO Are admission, entry, vendor or participant fees required? XX YES NO If YES, please explain the purpose and provide amount(s): Venders rent kitchen and deli booths, rent is free to $300.00 $45,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $20,000.00 Estimated Expenses for this event.. $25,000.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? OVERALL EVENT DESCRIPTION ROUTE MAP/SITE DIAGRAM/SANITATION Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. National City Host Lions Club will sponsor the annual Independence Day Carnival and Fire works in Kimball Park from Wednesday July 1st through July 5th. This event will include: Carnival rides Carnival games Food booths The Blood mobile Diabetes screening Talent show Watermelon eating contest Youth activities Community displays Fire works display Bands and other amateur and professional entertainment. xx YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: OVERALL EVENT DESCRIPTION CONTINUED YES XX NO Does the event. involve the sale or use of alcoholic: beverages? XX YES NO Will items or services he sold at the event? If yes, please describe: Carnival rides & games and food booths YES XX NO Does the event involve a moving route of any kind along streets, sidewalks or highways? 11 YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XX YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. XX YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 8' X 12' & 15' x 15' NOTE: A separate Fire Department permit is required for tents or canopies. XX YES NO Will the event involve the use of the City stage or PA system? Both 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: Food booths will be run by local non-profit organizations,ie churches, youth and civic organizations and service clubs If you intend to cook food in the event: area please specify the method: XX GAS ELECTRIC XX CHARCOAL OTHER (Specify): * Portable and/or Permanent Toilet Facilities Number of portable toilets: 20 (l 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) 19 regular , one H/C, and two wash stations * Tables and Chairs * Fencing, barriers and/or barricades * Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures * Vehicles and/or trailers • Other related event components not covered above * Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 20 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: A 40 c/y dumpster rented by NCHLC will be located in the west parking lot. We will have 3 to 5 persons picking up trash and emptying trash cans. SAFETY/SECURITY/ACCESSIBILITY Please describe your procedures for both Crowd Control and Internal Security: Security Plan will be by NCPD, utilizing the Senior Volunteers, the Police Explorers and reserve police. XX YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: To be determined as required by the security plan Security Organization Address: Security Director (Name): Phone: XX YES _ NO Is this a night. event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Park lights and lights from the carnival rides and booths. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We will utilize 911 if an emergency occurs. For minor cuts and bruises we will have first aid kits at the Lions Train and at the carnival office. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will an additional H/C toilet in addition to the park rest rooms. PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby public parking lots. Please describe your plan for DISABLED PARKING: We will utilize the handicap parking spaces at the towers and the public parking lots. 1� PARKING PLAN/MITIGATION OF IMPACT Please describe your plans to notify all residents, businesses and churches impacted by the event: Notification letters will be sent to all businesses and residents in the park area. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ENTERTAINMENT/ATTRACTIONS AND RELATED EVENT ACTIVITIES XX YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Rands: Unknown at this time Type of Music: Various XX YES NO Will sound amplification he used? If YES, please indicate: Start time: Noon Finish Time 12:00 am YES XX NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: City owned stage, with city and private sound systems XX YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Independence Day fire works on the 4th of July starting at 9:O0pm for about 20 minutes, one of the best fire works in the county!! XX YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Carnival area and booths will be decorated in a patriotic manner. We may employ street banners and/or light standard banners in our advertising campaign. Revised 08/1O/05 t3 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 National City Host Lions Club Person in Charge of Activity Vince Reynolds Address1243 Manchester Street, National City, CA 91950 Telephone (619) 479-8165 Cell: (619) 962-3756 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. *,66,- Signature of Applicant. Event Chairperson Official Title Date For Office Use Only Certificate of Insurance Approved Date: REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will he 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? XXX 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: National City Host Lions Club Type of Organization: Service club (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t, the sponsoring organization? XXX Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. XXX No (Please proceed to Question 5) 1� 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. XXX 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? XXX Yes (Please provide an explanation and details. Any profits from this event will be donated to various National City organizations and programs or used in our sight programs 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: XXX No (Please sign the form and submit it with the TUP Application) e%9 Date City of National City, California COUNCIL AGENDA STATEMENT \.r MEETING DATE May 5, 2009 AGENDA ITEM NO. 33 IEM TITLE TEMPORARY USE PERMIT — National City Certified Farmers' Market request for a temporary waiver of fees and vendor business licenses for May 13, 20, and 27, 2009. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the San Diego County Farm Bureau to have fees and individual vendor business license fees waived on May 13, 20, and 27, 2009. The request for these days are in order to have both the Farm Bureau and City Staff assess and then report back to City Council on June 02, 2009 with recommendations and procedures for all fees for this weekly event. National City Certified Farmers' Market was approved by Council on April 21, 2009 with waiver of fees for the first event on May 6, 2009. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: San Diego County Farm Bureau EVENT: National City Certified Farmers' Market DATE OF EVENT: May 2, 2009 TIME OF EVENT: 2:00 p.m. to 6:00 p.m. APPROVALS: PLANNING FIRE PUBLIC WORKS/PARKS FINANCE COMMUNITY SERVICE POLICE ENGINEERING CITY ATTORNEY RISK MANAGER NEIGHBORHOOD SERVICES YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x) NO [ YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: CITY AYFORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE 336-4330 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. 1 PUBLIC WORKS 336-4580 Public Works Department staff has reviewed the application for subject "Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division 1. We will need to purchase and install 3 posts and 8 "Tow Away, No Parking," 1:00 pm to 7:00 pm" signs to insure the street is free of cars for the event set up. 2. The cost to provide Street personnel support for this event is estimated to be $674.96. This amount should he paid to the City, unless waived by the City Council. • Signs8 x $34.80 = $278.40 • Posts 3 x $44.10 == $143.87 • Man Hours 6 x $32.57 = $195.42 • Equipment 3 x $19.09 = $ 57.27 • "Total $674.96 Parks Division No involvement Facilities Division No involvement Please Note: The applicant is not requesting use of the City stage or PA system. Therefore, the PA system and/or the stage will not he provided. Fees: Unless waived by the City Council, the applicant shall pay $674.96. (Acct #OO1-422-221- 102) Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, tire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. d 4) If tents or canopies are used, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must he maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies: Tents: 0 - 400 Ms- $0 401 - 500 sf - $250.00 501 600 sf- $300.00 601 - 700 sf - $400.00 0 --200 sf - $200.00 201 -- ({) sf - $400.00 Note: As long as canopies have a ten feet or greater separation distance from one another, no Fire Department permit will be necessary. 5) If fire extinguishers are used, extinguishers are to be mounted in a visible location between 3'/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example 6) Internal combustion power sources (Generator) that may be used for the event shall he of adequate capacity to permit uninterrupted operation during normal operating hours. Fueling shall be performed prior to beginning of event. 7) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from tents, canopies, rides and people. 8) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 9) Tents canopies or membrane structures shall not he located within 20 feet of parked vehicles or internal combustion engines. See page 2 "Detailed Description" of TUP. Parking shall not be allowed immediately next to canopies. Above stipulations shall apply. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include set-up and grounds surrounding event. 11) First Aid will be provided by organization Note: As long as canopies have a ten feet or greater separation distance from one another, NO "Fire Department Permit" will be necessary. RISK MANAGER (619) 336-4300 I've reviewed the application for this new proposed use and note that the event will be held entirely on public property adjacent to Morgan Square on E 9`t' St, between A and 13 Avenues. The applicant sponsoring organization is the San Diego County Farm Bureau but there is no indemnification or hold harmless form included with the application, much less signed. This needs to be done. While plans to close down streets must be approved by NCPI), the sponsoring organization must provide evidence of Commercial General Liability insurance with limits of at least $2M per occurrence/$4M aggregate and auto liability coverage of $ i M combined single limits. Because of recent incidents involving other California tarmers' markets/craft fairs, where impaired motorists drove through street barriers, higher insurance limits are prudent -due to the potential for vehicle -multiple pedestrian accidents. The City must be named as an additional insured on the CGL coverage as well pursuant to a separate endorsement. Otherwise, I have no objections to the application. ENGINEERING (619) 336-4380 Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity- Call Charles or Mauro at 619-336-4380. LI CCUNTY '2 ter. Event Date(s): From 516 09. to Sic j_J G Total Anticipated Attendance .tont VDCivNear R47;^'1; ...+.. Ni. tir17' -' sT'f `i.� •1 r,., l:r+ \ - ..;-;�t�C+.'� r ++.��. .r' ..f, a �.�! cY� �.Jt.;r.�. r� .D 'w_•.f r ;YF}w +vim F' .,.f ..«r�..,.Y p - .r.y� �i'.+ M ':44:. aZZO7co-. '�`x`� a."�.1Jr» rt n v� f • �}T•.`� - -w nVr i.M i} wl.. Y lo!a�f r J 1 a-a....-+.-[rp�ti�cy. ��i FrVMi GSM }U+ 4/ 3 n C .[ L s \ W �►: 1 '!i f ,, ~. y t• �. ..T17„� '"�.' v74 -r�•n14-‘4. ,ft'Y' '"�u.C+�Vt+. p. 1•s«a J.s.rq"Lc�rY`M'tia..T'..^3" ��"..n�.e:t'4 -`!"�:1' «T?.•"v"�-. ..�.�.:� r..!wt�.:•s."_�pr.i.,�,q,r��� c y...-ae�ro'�f:'y."�S sr�,a�MM'. 'n ��u�..- ..uci:e�► Type of Event: _ Public. Concert Parade Motion Picture Event Title Festival Circus Other _.._... E —E. u✓..4. C s• tf��_o < --_ �yk- r10 .� t n v.\ <.; 4 �t (" � c i 4. A Fair _ Demonstration Grand Opening Community Event Block Party Event Location: t = ' t r I S ' • J 1,2 A. - -- ���t\ r v\_o e ;t Fvent Hours 2oG !, .:..__� anvpm to , co am/pm Setup/assembiyiconstruction Date >IGf c q Start time !_oe w� Please describe the scope of your ::etup/assembly work (specific details)v + e h g r .\4_ '�c.rt'1)t ��...� a;S�l0.�. S`0.�� �� T`( •cCal.t�� on•e_ lox r + �q'.,�fl� a- ?roattce... Dismantle Date: S 1`1 o 01 Completion Time. 1= OD am/pm ( Participants) ( Spectators) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day alnd time of reopening. Sponsoring Organization. (:,a �. V_L-e C\cs av (\=�r ctr-&. For Profit >c Not -for -Profit Chief Officer of Organization (Name) _ c (_ lr o, S 6 ,n Applicant (Namel a5 r1�. Address .A cri is. o _... \': eti1 Daytime. Phone ('f)5 -74,5 Sot. 5 f vcning Phone. (-( ) 451-7-24 /cc Fax (760) `f 5.sR " 3`( 2' Contact Person -on site- day of the event (S c - f t�nv2QcS o r' i c cl 13- / Pager/Cellular 1 7Gp LCk rid �� r9� l`r'j— 3 3 (c NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS C3Lii'._`_' .-nit ri..� ='LL' .... .'=� j..••I•r- J 3a•��R'J .i----•�TCr+i'.!- �.. Arwy"r'f' �.en. R•o.✓ +fr' �^•'�r�+�T'^ �tl`+�.u•r •tea !i y.. S•s b.c r s.. s.r�-+'_'.z^r'iw" ?sl` '4- �j. i_!'. •�--�•f' 1 b;tw , sC+ i ,�wr.: • �,! ..vr f "' •r •rr w - id �'• -:• r 1- •�' �, ..va .i..•1i•: :"'!'•4 '.�` 9 y.,4 .. ti s ro — ..r r - .o'.n •�+ .yy 7uw. ;.�""' .p.:�,W, -r• .r� c;. r y_ . ory •E . efY_ 4" i • - ;,.. . `. �'tvKw st•.. ::.+t wi.� i.t �ysi..cts��..w F*a. �a� N;+u .,: •M'•_• Cra..D "::"'y Y'.h" u!"+a',.ri waNr. GutK 't -• 2!. �`4 w.�. • tiK .F...f•ir>i`t+•'....1".. , il� •.•_ ,... �!r���� .••.t►lei'+RT*WJ.+►•e•..r��.,.r.:`;.ifr.•.!!..+N►+w::+;_-•.^-Wrtt!-�s�y.�:;� Is your organization a `Tax Exempt, nonprofit' organization? X YES _- NO - Are admission, entry, vendor or participant fees required? YES -_ NO If YES. please explain the purpose and provide amount(s). csc °:�`5 ccf u rc_m n_ S 4 a_r-f- ceS't S . 5_.. ) `> ___Estimated Gross Receipts irictuding ticket, product and sponsorship sales from this event. r .-• c > Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? .'`- .... ••"r. — •••'' ..r71' s' ' F^ - !.;•`rw.w •'7 'r2-7. f -.T' 71=Z! R.+. ;iw •1-.4!t..n.r • e!»+. J ,ii , y:3 L a ss - d"`i .. v. r•• 1- -oi _s '� Y .47i• ,.,.+Y Y...,rr • • y .. -! . —5-5-'..-,ew.,:1 •s.r__�.,. ti •v r • ., .•N�r ."s .p - . 2: - i -..re -. ....t• r - a..iG 4Y.4.� .°.,c .:'..'a•i. r...+ .. - v•--'r .�•h..- . rv4� ,.r:6•.•e +ai. ... c.•� •ti an+. ••-•r .5...5...4 Y --.y �_,— '�' r .,..�w. - +ram_ a+ ..v}v.n•^L•w.�•. w- isn w•. r.a+5 -rat .cis•.. a M. -, - w`w: 7 s ,r_ - tv- a ",m -w yr. \. .!' o' .. •._ ��•^ r• >. T . I ..,, .. T . . d -r �•14 Y ``a•1'w M� i -- •...,.i _5 1 _ i 3 - b 4 r . - S �•'.M <e:,...4-a d .•a 4 -R.,'. ..rf- ..Ovl ' r`v.4" rr;. c'...t�ti °»••tti i. r ,- .r ram: n,I a. -N .:+..u+w. •,?+•ii,--'•,...".'ta ��'«Y? ^"^1.... ."`.,'..C,.yi"..— '^_,1 .4.-. . it` - -•.F. •(. ,! .^y"` +'"..�: Kam• `t` w.-.. •-.- a`:S.(7..=',y ✓i+--1 Please. provide a DETAILED DESCRIPTION of your event Include details regarding any components of your event such as the use of vehicles. animals. rides or any other pertinent information about the event. cc.--' 1: o G y r \! Er, crc-\v o L.t/� l �,atc- �c�a dre.,rk,10,e\ -� Sot v� ci;yoai _ • c,c—coc.e_ t -4•C. E. Gj +'` S•f 4- \t1r..aarP• tOXIC L.Ja^o �e1‘,, aci� �co�sc. c. - - �l19_co o>•'•LC_+taj ac-c.A. 0.a 'A y-9._ ,_ v•r•.y\t) n_ �o�� ( 1 k,ti o s c J - 4-4- (a •- 0 Q }z ez, A a 1 -Ira. I l � o �� �u� ri �� S• 3 Y /: 3 0 S -4-c S c-k a i- YFS -, NO if the event involves the sate of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale. 7227 _ . :5 ,'C:Q Y'.• .,4-5,15- --,-,... ,• -` tit , ,. ••^•d ..� -+:,. e.; 3• F« ' 4' • , -. _ : .1.:',....,--,..;.::„.,..- -., , _•• 7.- Z� �! ;'v. ". .ai,�• ,`� i� �- i�S`- T�rP� 7�.• t: �.. V.• ' - �. '''''• 4 r "'-'1'�, i''' ' :.�^ n • w ems.[ e .- •s ' '. '. � •1 -S?Ja. 1•••• -.r N c c -Y j� 7 x-w i x y �:•1. ~ry i:` �l •�_ �f 4, 3, �r• i •: 1. 1 'ir�"..,41,P,e+•rw{K/a. IO.w .y. lii`....1...... ' 9!...�„F nork4C.ie...a..r. • iv.r+..kt+,G>Y^"1t3Y4y°"r0.4):X,w- A.4 t-444i1 . . -.1" t.Fn.•.i40,1?.' WM?T•T}+ 44.4u. x tl "1":1 4,411 �T+ .t.L. ..rWfsf l �?..74•1+ .',1Aie1 %>.: i .-1 ..r. *N1,... YES X NO Does the event involve the sate or use of alcoholic beverages? X YES , NO Will items or services be sold at the event? If yes, please describe. C*E-tSk>. ?co \QUc,c;�pas1 d00Sr ar�S r G1ei ;�S YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If Yf-.S, attach a detailed map of your proposed route indicate the direction of travel. and provide a written narrative to explain your route. YES __ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event KYES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Z G Sizes /6 >- r O NOTE: A separate Fire Department permit is required for tents or canopies YES / NO VVill the event involve the use of the City stage or PA system? In addition to the route map required above. please attach a diagram showing the overall layout and set-up locations for the following items: ‘1" Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession andlor Food Preparation areas Pease describe how food will be served at the event: i'_ Co\--/"-- Queer -1; If you intend to cook food in the event area please specify the method: GAS Et FCTRIC _ _ CHARCOAL _ o {HER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets' (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs I encing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths. exhibits, displays or enclosures Scaffolding, bleachers. platforms. stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Frash containers and dumpsters (NoteYou must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must he returned to a clean condition.) Number of trash cans U' Trash containers with lids. '1 Describe your plan for clean .up and removal of waste and garbage during and after the event. -,.\LOcy O '-- t\ �- •.. p c�Y f'!t.5 L. r4= 1= S e-; N -tee (c,3 C �. -7ti-.1 . n. 6 . c. C • `i : -64 k \• „K .at(,_. :.--,'r„t.i=:.ir-'-`: �:�%r..=�\.%�.�.:• Y..+.��i .>1=�.�+<�a'r fr. ✓ . s f -�_r`•-• Le j%' .>� �r'1fn- J �L -r t,�.; r i?"� s V '• �._`, ••� � i u�; •ry: fi„ t •,�. •i.! "� L •.y� y' v.. - Yam•. i., • • L �.. r --'_'i'a r �""""y`F .'+� �• �F'y: W 1if+:"'w"UX• ��-1. i+G"'yy.,s^si�s -r.1sw . •t W.::;1.;: �`•ce"-T_ i.aa:'!,r, y+•..'C'S`r.`n*S+T NfF}±�ai•.l';9++.1 .S�C VwMwt_S+'rrc! g-. w:t.tl.�_ w.. .`7 ^•`.*�y'+y '�,'; Please describe your procedures for both Crowd Control and Internal Security. 4 vla d rS 1 1 i R i.� i 1 � �S � \ �:r'LG J � � \ _ �pS�-v•G1 e . -' 0. - 0.l\ aSSZSI __ Yf--.S x NO Have you hired arty Professional Security organization to handle security arrangements for this event? If YES. please list Security Organization: Security Organization Address YES >ecurity Director (Name) _ Phone: NO Is this a night event? It YES. please state how the event and surrounding area will he illuminated to ensure safety of the participants and spectators Please indicate what arrangement you have `m_ade for providing First Aid Staffing and1Equipment i �� Q_\ •-• i .T- �T0. i J �^�. t..cT r n'C"-5 �lj�a�i E'(� Yj 64-`•-' Please describe your Accessibility Plan for access at your event by individuals with disabilities: C.14 i>\-ot.1 ..4 nO t> 6‘9S-}4cLe-4-iS. e ""^ '"�•.r 44c' r , yam 'a'_ r'.•.•... , r ;.. ,.., ..-.,.• : a- � �;"_ rZ.�•Z_ �� ;.om fi 7^�- V,i �.•a --,t..�. SC+. _e• j, .. ♦ _ -f .1�'; .- ,i- •y •2` 4 yc r Y 7+1f.f- A,: _y as - a1; +. -s V.- . ♦ .+•ry Ks. J , . .. is ' r ^.. F n ',.'� r N• • L l.. �.L ' 3,d"q. 1•Fn 1, t r 'nT'41,b+� •o.+;e'�f'e•�+..-i. t i"L3.',., ..0., ;--4-3_ ....Ai' 4i*. s. .',j J -.6 L'ors. "M Sr*- ..'►'.' ." 1'6+ .t+' �.„4,., w +r-+,,,,,,,,i..„..a 'A"4h 7„),,''!}..,.r,,00,• ..4. n4,7.. _ ....vxMi.^+-r .. .. d.e i+, •f t•r. Please provide a detailed description of your PARKING plan cu v\ \G - Y, Ii• { vS "e- t'u\ C� ood i Q S tA-\l(21-i o� 7cLr"fc-(t ;( l(X-T Please describe your plan for DISABLED PARKING' . .. .... _ L.. . :.`.L SD COUNTY .A?J 227 _.„:. ': �. �Cf is,• •:•-..rr - i s•-•,y+tK' . r a� I..�i+_ °. :�.�:,;^�ti�,� ^tc'[�••..i.�c-Y;.r i-+ r .(-. t+ r.vr,. - .�� TM.:•. t i- vl- f . t ✓. �..s.! V. w,v/„!r w+. 4.,. �+; • eJsZN, o •r s ? 7 1' 1�- -•v .tom v l�. t ". ,A - r 4• •r 7w • .. • ' :t • (, + '� y t C. ♦ d �. At v 4.-r• a., r C ( v?..� u -. r �t• 47: •• 3:�= f •Y h .. „yy� {..- ... n: '�r`� • / ' • •t� e }i w t,Jirr a rN r Na. - or.�r. I. 'rf'^C.aJ: +r►r.'al�.,. _1 7-T<Y►14p.. i_Gr .. ��� t..... �!'r.. wkn4,011, 'S•j'-:-Y4;.." ?rn wiM+bt t +C'p.( ....er...`.�+4.► `-`.._"t �":.. ! . '7'i+► S� . #)yr +-ii�!�n+C.t'1��. w�d�C'T ., •s�w.i'Y.`1."tti'?�+ r Y`v ;r+. 5ri.4ti'+ Please describe your plans to notify all residents businesses and churches impacted by the event c l.\ ‘1 (\ f . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ....'_'.. 7,—, .--. -- .err _, .y,. •7 -€1 . r^r•. .. _`- idiv=� ; �'f".�;wti —•,c� ..,..r` a - ' r :^Sr " = r: e 'rcj -±� ?- a�. fie' r `! M!:'jCf�.!C•"�{y!`� • 'F -ate a rt+ � t1.. ..its �*.t >; _ ^.La.w z1" rl%e w..! ( • a as a..a K. J _re 'Tj �� My �_ . L •....✓ t •M`u+a ..., .t<.u.N4 r . v..+ ` yYy ...+v .Z.v.4, Vet aM g41.10, . t4 M j C -'b iw „ .e. . a'r ^^i-Y;? w� 3 �+n'� 'ti - .......y Y .- .i'� _ +4l. y. s ...a..- . r w... , ,. .- 'S. T2- +N3 _- c.,, 4, e,+. -h.7 '.� -n... .s. JY( ws} -srir '."u� 'aiyew 4..a,.._-` ..p�,�-qn. f"�'P .a�_a L,.r y. �+.. u.ton �.w;. .w'.uw.y( .irk - r Ss , -r w ^' q -t . w• t <a j t-•., q..77.,,, �:3-al.-,.t+v+,, :.v. ,.` ...r - r. 4 at . Y Sv<� .y r. f - r w b Y^ �e_ti . y_• N,•.• ..0,,.+ ' ....N.- .ix,,.,, VT.,.1 _a.. K ,..aw 'R"-6` t ..: , ti �..n r ; n.Y _ r,;1.+`..hi•i '","'..rr,!e�..�..._..�..s�"' aZr ' .krr:.`,• .'r.:.ir.flu 'va ..+;.' .�a,.=.tia�e\li..:-&-.. "`.`'.'"t`.� .''j'C" .""►.1:='�'�:C� YFS ,V NO Are there any musical entertainment features related to your event? If YES, please state the number of stagesnumber of bands and type of music Number of Stages' Number of Bands: Type of Music. YES k NO Will sound amplification be used? If YES, please indicate: Start time' am/prn Finish Time am/pm YES Will sound checks be conducted prior to the event? If YLS, please indicate. Start time. am/'pm Finish Time _ _ _ am/pm Please describe the sound equipment that will be used for your event YES k NO Fireworks, rockets. or other pyrotechnics? If YES, please describe. YES NO Any signs. banners. decorations, special lighting? If YES, please describe { Revised 08/10/05 ( Ze_` a 0- ✓'.arm Q_� vs,*r-0. R SD C07.:NTY PARM 22 F. CB !OIC for ()ffice Use Only [vent: Department Date Appt oved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved Yes No Vote: Kathleen Trees, Director Building & Safety Department tO :ARM EAR== #7227 _ .:DC9 !CIO 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 T.) r ¢tam Person in Charge of Activity (_2s<_.-4 v\ci-e s so,rN Address I(�`ta G• rS�Br�:a �u�. cf2oZ Telephone (•'r`o) l N 51 3 0 2- Date(s) of Use vv4A o..(S Y•e.44.'— V-o v p—d o c� ' v� : c, S-2_oocU HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities 011 public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers. employees and agents from and against any and all claims, demands, costs. losses, liability or, for any personal injury. death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents. employees or contracj rs Signaturix5f Applicant S�XF c=v��v e 12\(-e_cA--cS- Official Title _ 2 (r(o1 'ZOO Date ( 1 or Office Use Only Certificate of Insurance Approved Date c\ / CP.a €_ 7-1 rn v-ei\‘‘c.t45 ��' vT6`��6Q.6 rTC__.QC-E__ COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: May 5, 2009 AGENDA ITEM NO. 34 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $842,834.75 to the City of National City for the period of 04/01/09 through 04/07/09 PREPARED BY: Jeanette Ladrid EXPLANATION: DEPARTMENT Finance Finance Directo (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. r Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $842,834.75 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 04/01/09 through 04/07/09 CALIFORNIA* NATIONAL CITY INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 41 4/7/2009 PAYEE CHARLES J REILLY WELLS FARGO BANK BUSTAMANTE & ASSOC CHRISTENSEN & SPATH LLP COMMUNITY YOUTH ATHLETIC CTR PRUDENTIAL OVERALL SUPPLY RIDLEY URBAN FUTURES VISION INTERNET PROVIDERS SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 7 3/10/2009 DESCRIPTION SVCS RENDERED FEB 2009 CREDIT CARD EXP SVCS FOR JAN/FEB 2009 NHF GRANT AWARD MOP 45742 UNIFORMS - CD MILEAGE REIMB-HEALTHY HOMES AB 1389 REPORT WEBSITE DESIGN Start Date 4/1/2009 End Date 3/23/2009 End Date 4/7/2009 ('heck Date 4/1 /2009 CHK NO DATE 226155 4/2/09 226176 4/2/09 226249 4/7/09 226250 4/7/09 226251 4/7/09 226252 4/7/09 226253 4/7/09 226254 4/7/09 226255 4/7/09 AMOUNT 7,596.46 856.49 12,000.00 1,790.00 22,712.50 28.68 145.20 500.00 10, 329.00 A/P Total $ 55,958.33 701,682.79 85,193.63 GRAND TOTAL $ 842,834.75 )'' CALIFORNIA «-(1- NATIONAL CITY INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 41 4/7/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 722,608.36 2,455.10 22,712.50 93,638.85 1,419.94 842,834.75 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: May 5, 2009 AGENDA ITEM NO. 35 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $104,369.83 to the City of National City for the period of 04/08/09 through 04/14/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: r DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $104,369.83 J r STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A t toklaiwi ACHMENTS (Listed Below) Warrants for the period the period of 04/08/09 through 04/14/09 s +,.-F CALIFORNIA -{+- PAYEE AGUIRRE BEST BEST & KRIEGER LLP CITY OF NATIONAL CITY CORPORATE EXPRESS FEDEX HARRIS & ASSOCIATES HUSK PARTNERS ICF JONES & STOKES JEFF KATZ ARCHITECTURE N C CHAMBER OF COMMERCE PE POWER PLUS SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC SDG&E SDG&E SWEETWATER AUTHORITY UNION -TRIBUNE PUB. CO. 'BAN FUTURES NV SECTION 8 SECTION 8 HAPS PAYMENTS N T!LO L �T INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 42 4/14/2009 DESCRIPTION ADVANCE TRAVEL REQUEST COMM YOUTH ATHLETIC CNTR PETTY CASH PPE 04/13/09 MOP 45704 OFFICE SUPPLIES - REDEV EXPRESS MAIL SVCS MSI DEMO DESIGN SVCS (QUANSET HUTS) CONSULTING SVCS FOR APRIL 09 WESTSIDE SPECIFIC PLAN EIR LIBRARY REMODEL MEMBERSHIP RENEWAL DUES MILEAGE REIMB EQUIP RENTAL CLIPPING SERVICES FLAGGING SVCS 1615 E 4TH ST 02/23-03/24/09 1202 HIGHLAND AVE 02/18-03/19/09 1310 HIGHLAND AVE NOTICE FOR S8 ANNUAL PHA & ADMIN PLAP IMPLEMENTATION PERFORMANCE REVIEW Start Date End Date 3/1/2009 3/3/2009 CHK NO 226361 226362 226363 226364 226365 226366 226367 226368 226369 226370 226371 226372 226373 226374 226375 226376 226377 226378 226379 DATE AMOUNT 4/14/09 118.20 4/14/09 7,475.36 4/14/09 174.24 4/14/09 101.31 4/14/09 32.32 4/14/09 1,085.00 4/14/09 7,500.00 4/14/09 83,129.16 4/14/09 2,282.76 4/14/09 100.00 4/14/09 57.20 4/14/09 195.00 4/14/09 63.80 4/14/09 18.13 4/14/09 118.00 4/14/09 16.20 4/14/09 634.65 4/14/09 518.50 4/14/09 750.00 A/P Total $ 104,369.83 10,803.35 GRAND TOTAL S 115,173.18 4)- CALIFORNIA i--0- TIO AL CITY INCORPORATED )J COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 42 4/15/2009 502 SECTION 8 FUND 11,341.98 505 HOME FUND 118.20 511 TAX INCREMENT FUND 103,713.00 115,173.18 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 5, 2009 AGENDA ITEM NO. 36 I -ITEM TITLE Investment Report for quarter ended March 31, 2009 PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No. STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended March 31, 2009. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview Portfolio Summary — Quarter ended March 31, 2009 A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: • Type of investment or description, • Issuers (bank or institution), • Dollar amount, Interest rate, • Current market valuation as of the date of the report, • And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Most funds have remained in LAIF to meet staffs cash flow objectives. Large sums of money must remain liquid to ensure that staff does not miss opportunities to purchase land or property within the project area. For the quarter ended March 31, 2009, LAIF's return was 1.822%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 13% of the CDC's portfolio. Federal Agency Securities account for 2.5% of the investment portfolio. The average rate of return is 4.63% The CDC has 3% invested in Negotiable Certificates of Deposit. The average rate of return is 3.69%. The average monthly expenditures of the CDC is $1,580,000.00 To ensure compliance with Government Code Section 53646, the CDC must have $9,480,000.00 available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of March 31, 2009 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type % of Book Value Market Value Portfolio LAIF Federal Agency Securities Deutsche Bank Cash Negotiable CD's 16,346,309.80 500,000.00 2.553.869.29 2,674.29 580,000.00 16,376,215.90 508,987 50 2,553,869.29 2,674.29 583,094.43 81.80% 2.50% 12.78% 0.01 2.90% Totals for March 2009 19,982,853.38 20,024,841.41 100.00% Totals for December 2008 23,042,178.95 Portfolio decrease from prior quarter-3,059,325.57 Deutsche Bank 12.78% Federal Agency Securities 2.50% Cash Negotiable CD's 0.01% 2.90% LAIF 81.80% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 16, 348, 984.09 0.00 580, 000.00 3,053,869 29 19,982,853.38 81.82% 0.00% 2.90% 15.28% 100.00% Community Development Commission of National City Finance Department COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF MARCH 31, 2009 ACCT DESCRIPTION INTEREST ROOK MARKET ACCRUED GAIN OR % OF MATURITY DATE RATE VALUE VALUE INTEREST (LOSS) PORTFOLIO LAIF LAIF LOCAL AGENCY INVESTMENT FUND $ 16,346,309.80 $ 16,376,215.90 $ 76,694.75 $ 29,906.10 SUBTOTAL LAIF $ 16,346,309.80 $ 16„ 76,215.90 $ 76,694.75 $ 29,906.10 81.80% CERTIFICATE OF DEPOSITS - COMMUNITY DEVELOPMENT COMMISSION CD BANK OF OKLAHOMA 95,000.00 95,108.30 253.33 108.30 04/16/09 3.200% 100.114 CD BRIDGEVIEW B&T CO 97,000.00 97,296.82 311.21 296.82 05/05/09 3.850% 100.306 CD COMMUNITY BANK OF RAVENSWOOD 97,000.00 97,108.64 282.92 108.64 04/14/09 3.500% 100.112 CD EVERBANK 97,000.00 97,251.23 307.17 251.23 04/30/09 3.800% 100.259 CD FIRST INTERNET BK OF IN 95,000.00 97,046.30 328.54 2,046.30 01/28/10 4.150% 102.154 CD SOVEREIGN BANK 99,000.00 99,283.14 301.13 283.14 05/05/09 3.650% 100.286 Cash Account Balance 2,674,29 2,674.29 ``r SUBTOTAL CD - CDC $ 582,674.29 $ 585,768.72 $ 1,784.29 S 3,094.43 2.92•/. Page 1 of 2 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF MARCH 31, 2009 ACCT DESCRIPTION INTEREST BOOK MARKET ACCRUED CAIN OR % OF TYPE MATURITY DATE RATE VALUE VALUE INTEREST (LOSS) PORTFOI.1O \ro" FEDERAL AGENCY SECURITIES - CDC AGENCY FHLB - 3133XS4N5 250,000.00 257,030.00 5,625.00 7,030.00 9/9/2013 4.500% 102.812 AGENCY FHLB - 31331GCP2 250,000.00 251,957.50 9/30/2013 4.750% 100.783 5,937.50 1,957.50 SUBTOTAL FEDERAL AGENCY SECURITIES - CDC $ 500,000.00 $ 508,987.50 $ 11,562.50 $ 8,987.50 2.50% CASH WITH FISCAL AGENT DEUTSCHE BANK 2004 "CAB REDEVELOPMENT FUND INVESTMENT TREASURY MONEY FUND 2005A TAB RESERVE ACCOUNT UBS FINANCE 100.003% 2005A TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND 2005B TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND $ 171,465.81 2,344,000.00 28,647.83 9,755.65 171,465.81 1.000 2,344,000.00 1.000 28,647.83 1.000 9,755.65 1.000 $ SUBTOTAL WITH CASH FISCAL AGENT S 2,553,869.29 S 2,553,869.29 S - S 12.78% GRAND TOTAL S 19,982,853.38 S 20,024,841.41 $ 90,04154 S 41,988.03 100.00% Page 2 of 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE May 5, 2009 AGENDA ITEM NO. 37 ITEM TITLE A resolution approving a Memorandum of Understanding by and among the City of Chula Vista, the City of National City, the Community Development Commission of the City of National City and NCSDI No. 1 L.L.C. related to plans processing, environmental impacts analysis, taxation and cooperation for a proposed commercial project on 26.57 acres currently known as the Harbor Drive In which is located both in the City of National City and the City of Chula Vista. PREPARED BY Patricia Beard ext 4255 Redevelopment Manager DEPARTMENT Community Development EXPLANATION Sudberry Properties, Inc., a commercial developer, has entered into an Option to Lease with the Derr Family, owners of the Harbor Drive In to pursue the development of a shopping center including an estimated 270,000 square feet of retail space. The parties, forming a Limited Liability Corporation ("LLC") called NCSDI No. 1, LLC have also entered into an Exclusive Negotiation Agreement with the National City Community Development Commission ("CDC") to consider adding 58,577 square feet of adjacent land owned by the CDC (APN# 562-321-08-00) into the project. The parcels identified for the project straddle the border between the City of Chula Vista and the City of National City. The attached Background Report and Memorandum of Understanding ("MOU") detail cooperative arrangements proposed between the parties and the respective Cities regarding plans processing, analysis required by the California Environmental Quality Act ("CEQA"), handing of taxes generated by the project and management of project impacts. Environmental Review Not applicable. Financial Statement Each party bore its own costs for the drafting and negotiation of this MOU. The City of National City's costs were limited to staff time only. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL: 2) Achieve fiscal sustainability; 9b) Draw attention to important Gateways and intersections. ATTACHMENTS 1. Background Report NOTE: The proposed MOU is an attachment to the City Council agenda item on the MOU Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION, AND NCSDI NO. 1, LLC, RELATED TO PLANS PROCESSING, ENVIRONMENTAL IMPACTS ANALYSIS, TAXATION, AND COOPERATION FOR A PROPOSED COMMERCIAL PROJECT ON 26.57 ACRES CURRENTLY KNOWN AS THE HARBOR DRIVE-IN, WHICH IS LOCATED WITHIN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA. WHEREAS, National City and Chula Vista have an uneven common boundary line running approximately east and west along the Sweetwater River Channel ("Channel") between Interstate 5 on the west and Interstate 805 on the east; and WHEREAS, developer Sudberry Properties, Inc. ("Sudberry") has an option to lease certain property, comprised of multiple parcels adjacent to each other, located in both National City and Chula Vista, and desires to develop the entire property as one project. Generally, there are three areas of properties that are the subject of this MOU, and are referenced as Areas A, B, and C; and WHEREAS, Sudberry has an option to a lease in Areas A and B. Area C is owned by the CDC; and WHEREAS, 17.98 acres ("Area B") is located in National City's jurisdiction, north of the Channel adjacent to the common boundary line between the two cities; and WHEREAS, APN No. 562-321-08-00 ("Area C") is located in National City's jurisdiction and is owned by the National City Community Development Commission ("CDC") and is subject of an Exclusive Negotiating Agreement between the CDC, Sudberry, Derr Family Ventures LP, and Derco Properties LLC and WHEREAS NCSDI, No. 1 L.L.C., proposes to develop a project commonly referred to as the Gateway Development, including 270,000 square feet of retail space and accompanying improvements such as parking, lighting, signage, and lighting, and has submitted a preliminary site plan for development of the Property to Chula Vista and National City to accomplish the project; and WHEREAS, National City and Chula Vista each have the power to adopt and enforce land use regulations, approve land use entitlements, and administer and apply building and other development codes; and WHEREAS, National City and Chula Vista desire to mutually cooperate in the planning and development of Areas A, B, and C; and WHEREAS, the Parties wish to cooperate with one another to ensure the following: 1. That each jurisdiction is fully informed about the portion of the Gateway Development to be constructed in the adjacent jurisdiction, and the potential impact of the Gateway Development on each jurisdiction; Resolution No. 2009 — May 5, 2009 Page 2 2. One environmental document is completed and available for certification for the Gateway Development in which National City acts as the lead agency and Chula Vista is a Responsible Agency; 3. Adequate funding is available for all required public improvements, and that the adjoining jurisdiction will cooperate relative to completion of the public improvements and required traffic mitigation measures for the project; 4. Site planning of the Gateway Development is coordinated between National City and Chula Vista; 5. The timing of public hearings and discretionary actions are coordinated between the Parties, so that public hearings and discretionary actions are calendared in a coordinated and complimentary fashion between National City and Chula Vista; and WHEREAS, the Parties wish to jointly consider the funding sources available to provide the required public improvements necessary to the project. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding by and among the City of Chula Vista, the City of National City, the Community Development Commission of the City of National City, and NCSD1 No. 1 L.L.C., relating to plans processing, environmental impacts analysis, taxation, and cooperation for a proposed commercial project on 26.57 acres currently known as the Harbor Drive -In which is located both in the City of National City and the City of Chula Vista. PASSED and ADOPTED this 5th day of May, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney .00 ATTACHMENT 1 BACKGROUND REPORT Rationale: In order to revitalize a key boundary location/gateway for both the City of National City and the City of Chula Vista, to create several hundred jobs and realize significant sales and property tax revenue, the Cities of National City and Chula Vista desire to mutually cooperate in the planning, analysis, plan check and permitting for the proposed Gateway shopping center being planned by Sudberry Properties, Inc. The intent of such cooperation is: • to provide thorough yet expeditious review of plans and compliance with local and state review requirements; • to unify a cohesive attractive design; ■ to formalize a method for the Cities to work together on the project; ■ to agree in advance how the affected parties and jurisdictions will handle costs associated with cooperating; • to ensure adequate understanding of proportionate impacts such as traffic and public safety service calls to each municipality; • to understand in advance how such impacts will be addressed proportionately between the municipalities and the effect of resulting impact fees and/or projects on the developers' costs; and • to understand and agree in advance about how sales taxes and other revenues from the project will be allocated and how they will be charged to the developer's incoming tenants. Protect overview: The project site includes 26.57 acres of which 17.98 acres is in National City and 9.22 acres is in Chula Vista. The site is located east of National City Boulevard immediately north of State Route 54 and enjoys east- and westbound freeway access at National City Boulevard, as well as access from the southern D Avenue terminus in National City. The CDC owns a small property fronting on National City Boulevard immediately north of the site and south of the Keystone Trailer Park. (Please see map exhibited in MOU.) Since the project is north of the Sweetwater Flood Channel and SR 54, it is agreed by the Cities that most of the environmental and service impacts of the project will be born by National City. Lowe's home improvement store has signed a Letter of Intent with Sudberry to anchor the project, which would also include other stores and restaurants, totaling an estimated 270,000 square feet of retail space. A site plan exhibited in the MOU shows how the stores would be situated relative to the City boundary and CDC -owned site. Sudberry hopes to complete the project and have the stores open for business in late July, 2011. CDC participation: The CDC is a party to the proposed MOU because it owns property that may be included if the project is developed. On August 19, 2008 the CDC entered into an Exclusive Negotiation Agreement with NCSDI. No. 1, LLC, Derr Family Ventures LP and Derco Properties, LLC — the potential developers and owners of the project to conduct due diligence activities about the potential project. Following these activities and the completion of analysis under CEQA, the CDC may consider entering a Disposition and Development Agreement ("DDA") to transfer its property into the project. Any DDA brought forward will include complete terms of a proposed real estate transaction and any assistance to be considered for the project. MOU terms: Please see the background report and proposed MOU attached to the companion City Council agenda item in the agenda packet. ITEM #38 5/5/09 Diesel Emission Replacement Grant Update (Public Works) ITEM #39 5/5/09 Swine Flu Update (Homeland Security) ITEM #40 5/5/09 National City's Partnership with the San Diego Regional Climate Protection Initiative (Community Development)