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2009 11-17 CC CDC AGENDA PKT
Agenda 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 — Novemb•er 17, 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 Coinrnission (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-relatedmodification 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 intetpretacitin en espafiol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasilio al principio de la junta. Council Requests That All Cell 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.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/17/2009 - Page 2 PRESENTATION 1. Employee of the Month of November, 2009 — Lilia Munoz, Executive Assistant - Human Resources CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are ofa routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of October 13, 2009. (City Clerk) Resolution of the City Council of the City of National City approving the execution of Agreement in the not -to -exceed .amount of $20,240 with Sweetwater Authority to install water facilities in conjunction with Marina Gateway Streetscape Project. (Funded by Tax Increment Fund) (Development Services/Engineering Division) Resolution of the City Council of the City of National City authorizing the transfer of the appropriation of $100,000 of City General Fund local grant match from the Federal Highway Safety Improvement Program (HSIP) Traffic Safety Enhancements Grant Project for E. 8th Street between K Avenue and Palm Avenue to the Federal Safe Routes to School Traffic Calming and Streetscape Enhancements Project for Coolidge Avenue. (Development Services - Engineering Division) **Companion Item #5** 5. Resolution of the City Council of the City of National City appropriating $200,000 of Proposition A funds for traffic signal upgrades to the Federal Highway Safety Improvement Program (HSIP) Traffic Safety Enhancements Grant Project for E. 8th Street between K Avenue and Palm Avenue.. (Development Services/Engineering Division) **Companion Item #4** CONSENT CALENDAR (Cont.) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11 /17/2009 - Page 3 6. Resolution of the City .Council of the City of National City accepting. the Assistance Agreement and the requirements of the Energy Efficiency and Conservation Block Grant awarded by the U.S. Department of Energy in the amount of $561,700 to cover the reimbursement of contract services to be provided by Honeywell Building Solutions for energy efficiency and energy conservation upgrades for City facilities. (Community Development/ Housing and Grants Division) 7. Resolution of the City Council of the City of National City ratifying the acceptance of an augmentation of the California Library Literacy Services grant. in the amount of $19,889 increasing the total amount. of the grant from $40,000. to $59,889 to fund the National City Public Library's literacy programs for FY2009-10. (Library) 8. WARRANT REGISTER #16 Warrant Register #16 for the period of 10/14/09 through 10/20/09 inthe amount of $1,737,538.45. (Finance) 9. WARRANT REGISTER #17 Warrant. Register #17 for the period of 10/2.1/09 through 10/27/09 in the amount of $758,180.02. (Finance) 10. National City Sales Tax Update — Second Quarter 2009. (Finance) PUBLIC HEARING 11. Continued Public Hearing for, and Appeal of Thrifty Oil Company from Planning Commission Resolution No. 23-2009, pertainingto a proposed Planned Development, Tentative Subdivision Map, and Negative Declaration for a 72- unit condominium complex located at the southeast corner of East Plaza Boulevard and Palm Avenue. (Applicant: Palm Plaza Associates, LLC) (Case File 2008-46.S, PD, IS) (Development Services/Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/17/2009 Page 4 NON CONSENT RESOLUTION 12. Resolution of the City Council of the City of National City amending City Council Policy #804 in regards to City support for special events.. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 13. Authorize the reimbursement of Community Development Commission expenditures in the amount of $122,504.43 to the City of National City for the period of 10/14/09 through 10/20/09. (Finance) 14. Authorize the reimbursement of Community Development Commission expenditures in the amount of $44,997.17 to the City of National City for the period of 10/21/09 through 10/27/09. (Finance) 15. Resolution of the Community Development Commission of the City of National City approving an Agreement with KOA Corporation to provide as -needed civil engineering services related to various projects within the National City Redevelopment Projects with not -to -exceed amount of $75,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) STAFF REPORTS 16. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL 17. Discussion of forming an Ad -Hoc Committee regarding tobacco use restriction at -multi -family residences. -(Mayor -Morrison -and Councilman Parra-) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/1712009 - Page 5 ADJOURNMENT Adjourned Regular City Council and Meeting — Tuesday = November 24, 2009 — 5:00 p.m. — Council Chambers — National City, California Regular City Council and Community Development Commission Meeting - Tuesday December 1, 2009 - 6:00 p.m. - Council Chambers - National City, California RECEIVED NOV 0 5 2009 ITEM#1 11/17/09 MEMORANDUM November 5, 2009 TO Chris Zapata, City anager FROM Stacey Stevens uman Resources Director SUBJECT EMPLOYEE THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in November 2009 is Lilia Munoz, Executive Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, November 17, 2009 to be recognized for her achievement and service. Attachment cc: Lilia Munoz Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov rj City of National City Performance Recognition Award Nomination Form I nominate Lilia Munoz Please state reason why your nominee should receive an award, (i.e. examples of service beyond requirements of position, exemplary service to the pubic, outstanding job performance, etc. Do not exceed 150 total words. Please be as specific as possible when giving your examples It is my sincere pleasure to nominate Lilia Munoz as the City of National City Employee of the Month. Lilia works as an Executive Assistant II in the Human Resources Department with a working title of Human Resources Technician. In her position, Lilia works daily with members of the public, employees of other local municipalities, outside service providers and employees from every City department. In feedback, Lilia is always portrayed as positive, professional and responsive. In addition to performing her regularly assigned tasks, Lilia is always open to assisting her co-workers and taking on special projects, a trait that is invaluable in a small office. She has been an instrumental member of such teams as the City's labor negotiations team and the Employee Benefits Committee. Lilia is a living example of the City's five core values: Commitment, Customer Service, Courtesy, Communication and Collaboration. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Stacey Ste nson, Human Resources Director Signature: Date: November 5, 2009 ITEM #2 11/17/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of October 13, 2009 (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT IIIEETING DATE November 17, 2009 AGENDA ITEM NO. 3 ITEM TITLE Resolution of the City of National City Council approving the execution of agreement in the not to exceed amount of $20,240 with Sweetwater Authority to install water facilities in conjunction with Marina Gateway Streetscape Projec (Funded by Tax Increment Fund) PREPARED BY Barby Tipton DEPARTMENT Development ServicesEXT. 4583 Engineering Division EXPLANATION In order to provide adequate fire protection, it is necessary to install approximately 700 LF of 8" Cl. 235 PVC water main, 1 fire hydrant, (3) 8" fire services, abandon 5 water services and a 2" main and install 6 new water services, modify 1 hydrant and 1 water service as part of the Marina Gateway Streetscape Project. The agreement provides for Sweetwater Authority to finalize detail design, plans and specifications, inspection and connection of line, meter fees and acquisition of facilities. 2 Environmental Review X N/A MIS Approval Financial Statement Approved By' (/ Finance Director Funds are appropriated in Account # 511-409-500-598-3842 (Marina Gateway Improvements) Account No. STAFF RECOMME D ION Adopt the Resolut' BOARD / COMMIS ION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Agreement (3 copies) 2. Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES IN THE NOT -TO -EXCEED AMOUNT OF $20,240 WITH SWEETWATER AUTHORITY TO INSTALL WATER FACILITIES IN CONJUNCTION WITH THE MARINA GATEWAY STREETSCAPE PROJECT WHEREAS, to provide adequate fire protection for the Marina Gateway Streetscape Project, it is necessary to install approximately 700 LF of 8-inch CI.235 PVC water main, one fire hydrant, three 8-inch fire services, abandon five water services and a 2-inch main, install six new water services, and modify one hydrant and one water service; and WHEREAS, Sweetwater Authority has proposed an Agreement to Improve Development —Water Facilities to install the necessary water facilities in the not -to -exceed amount of $20,240. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement to Improve Development —Water Facilities in the not -to -exceed amount of $20,240 with Sweetwater Authority to install water facilities in conjunction with the Marina Gateway Streetscape Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES THIS AGREEMENT is made and entered into this 17th day of November 2009 , by and between SWEETWATER AUTHORITY, hereinafter called the "Authority," and City of National City hereinafter called the "Owner." A. In the near future, the Owner desires to install a water main or mains and appurtenances (sometimes referred to herein as the "water facilities") to service its property. B. The Owner will cause the water facilities to be constructed by a Class "A" or C-34" licensed contractor, which contractor shall be selected pursuant to a competitive bid process as required by the California Public Contract Code. C. The Authority will own and operate such facilities, if constructed in the manner set forth herein. D. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW, THEREFORE, it is agreed: The Owner hereby agrees, at its own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within three hundred sixty five (365) days from the date of this Agreement by the Authority, to cause its contractor to perform and complete in a good, workmanlike manner, according to the plans attached hereto and made a part of this • Agreement, and in accordance with other special conditions noted in Exhibit "B" on file at the office of the Authority and any other plans or specifications referred to in this Agreement, the following subdivision improvements: Water facilities as shown on the attached plans and in accordance with the Authority's Standard Specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit "A," Exhibit "B," Faithful Performance Bond, Laborer's and Materialmen's Payment Bond, and/or Instrument of Credit, Set Aside Letter, and Certificate of Insurance, etc.) 2. The Owner agrees that the work shall be subject to inspection by and to the satisfaction of the Authority and the improvement shall not be deemed complete until approved and accepted in writing by the Authority. The estimated cost of said water facilities is the sum of TWO HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED AND NO DOLLARS ($263,500)_ The Owner's obligation under this Agreement extends to the completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. The Owner AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of the Owner. The Authority shall be allowed to inspect the facilities during all stages of construction. The Authority shall be notified a minimum of forty-eight (48) hours prior to the commencement of construction. After completion of the facilities in accordance with the approved plans and specifications, and not Tess than thirty-five (35) days after the filing with the County Recorder of a "Notice of Completion" by the Authority, the facilities shall be considered as donated to the Authority and shall be owned and operated by the Authority, if accepted by the Authority. The Authority will not accept the facilities unless they are free of mechanic's liens. The Owner shall furnish the Authority satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by the Authority shall be installed by the Owner within thirty (30) days after such acceptance by the Authority. 4. The Owner shall convey to the Authority easements covering the property in which the water facilities are located at all instances where the facilities are not located in a dedicated street'. The Owner shall have its Engineer provide the Authority with a legal description and an 8-Y- inch x 11-inch plat of easements. The plat shall be a reproducible transparency with the Authority title block and shall fully locate and describe the easement. 5. The Owner shall pay to the Authority, upon execution of this Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in the Authority's Water Main Estimate for engineering, inspection, and purification fees, compaction tests costs, and for other Authority work and special charges. 6. The Owner shall obtain, at his expense, all necessary permits required by the county, state, or other public agencies in connection with the construction of the water facilities. 7. The water facilities constructed by the Owner shall be connected by the Owner to the existing water lines of the Authority in a manner approved by the Authority. If water facilities are constructed in private streets, the streets shall be curbed and/or constructed such that no damage to paving, structures, or landscaping will result from full flow fire hydrant testing or from failure of the Authority water facilities. Acceptance of facilities shall riot be made until the following requirements have been complied with: 2 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES a) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b) A set of original plans (vellum prints), corrected to conform to the work as constructed, has been submitted to the Authority. The water facilities shall be operated by the Authority in accordance with the rules and regulations of the Authority. Meter costs are not included in the estimated cost of water facilities and shall be paid by the Owner, in accordance with the Authority's rate schedule, as it exists. Water for construction purposes will be provided in accordance with Authority's Rates and Rules, and Standard Practices. 9. The Authority shall not, nor shall any officer or employee of the Authority, be liable or responsible for any accident, loss, or damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall Authority, nor any officer or employee of the Authority, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by the Owner, who agrees to indemnify and save harmless the Authority and the officers and employees of the Authority from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. The Owner further agrees to protect the Authority and the officers and employees of the Authority from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause its contractor to file with the Authority "Certificates of Insurance" in accordance with the Sweetwater Authority Special Administrative Policy - Insurance. 10. The Authority shall not, nor shall any officer or employee of the Authority, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 11. The Owner shall cause its contractor to comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. California Labor Code Sections 1720 et seq. and 1170 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), require the payment of prevailing wage rates and the 3 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES performance of other requirements on certain "public works" and "maintenance" projects. The Owner agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws. The Owner hereby agrees to indemnify and hold the Authority harmless for any and all claims arising from or relating to compliance with the Prevailing Wage Laws by the Owner or its subcontractors. 12. By its signature hereunder, the Owner certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to cause its contractor to comply with such provisions before commencing the performance of the services. 13. The Owners contractor shall file with the Authority, prior to the commencement of construction of the water facilities, the following improvement securities: a) A good and sufficient bond in an amount of not Tess than the estimated cost of one hundred percent (100%) of said work and improvements as above specified for the "Faithful Performance" of the terms and conditions of this Agreement, and b) A good and sufficient bond in an amount not less than one hundred percent (100%) of the estimated cost of said work and improvements as above specified securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement, "Laborer's and Materialmen's said Bond shall contain the provisions set forth in Section 3247 of the California Civil Code and shall inure to the benefit of those persons referred to therein." The form of the bond shall be as specified by the Authority. The Authority and the Owner agree that the Owners obligation under this Section 13 may be satisfied by the Owner requiring its contractor to furnish to Sweetwater Authority the necessary performance and payment bonds as set out in Sweetwater Authority's Insurance Requirements. Should the sureties on either of said bonds become insufficient, the Owner agrees to cause its contractor to renew said bond or bonds with good and sufficient sureties within ten (10) days after receiving notice that said sureties are insufficient. 14. • In lieu of filing the bond, as referred to in paragraph (a) of Section 11, the Owner or its contractor may furnish other improvement security in accordance with the Authority Standard Practices. Said improvement security shall be in the same amount and for the same purposes 4 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES as the bond, as above specified, and in a form satisfactory to the Authority. 15. The Authority may make such changes, alterations, or additions to the plans and specifications attached hereto which do not exceed ten percent (10%) of the original estimated cost of the improvement as may be determined necessary and desirable by the Authority for the proper completion of the said work and improvements and no such changes, alterations, or additions shall relieve the surety or sureties on any bond given for the faithful performance of this Agreement. 16. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by the Authority and shall in no way affect the validity of this Agreement or release the surety or sureties on any bond given for the faithful performance of this Agreement. 17. The Owner shall cause its contractor to guarantee all work for a period of one (1) year after date of acceptance of work by the Authority, and to repair or replace any and all such work, together with any other work, which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one (1) year period from date of acceptance of the work by the Authority without expense whatsoever to the Authority, ordinary wear and tear, unusual abuse, or neglect excepted. The Authority will give notice of observed defects with reasonable promptness. The Owner shall notify the Authority upon completion of repairs. In the event of an emergency, the Authority may make the repairs and the Owner shall be liable for all expenses incurred. In the event the Owner fails to comply with the Authority's request for correction within one (1) week after being notified in writing by the Authority, the Authority is hereby authorized to proceed to have the defects repaired and make good at the expense of the Owner, who hereby agrees to pay the cost and charges therefore, immediately upon demand. In the event the Authority elects to repair the defective work, such action by the Authority will not relieve the Owner of the guarantees provided in this paragraph. 18. The plans provided for in this Contract conform to the current standards of the Authority. The developer will be required to conform to the standards applicable on the date upon which construction is commenced on the development if construction is not commenced within six (6) months of the date of the execution hereof by the Authority. 5 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SWEETWATER AUTHORITY: CITY OF NATIONAL CITY: By By James L. Smyth, Operations Manager Date: Date: NOTE: Plans to be attached to Agreement. Agreement to be attached to bond. I:4engrlDev\Marina Gateway Streetscapel-WATERMAIN-DRAFT-AGMT-PKGtMG_PH2_IMPDEV_cityofnationalcity_rev3_110209.doc 6 EXHIBIT "A" Project: Marina Gateway Improvements, National City Date: September 29, 2009 1/4 Section 175 Inspection Deposit: National Clty's Contractor to install: Apx. 700 L.F. of 8" CI. 235 PVC water main; 1 fire hydrant, (3) 8" fire services, Abandon 5 water services & 2" main, Install 6 water services; modify 1 hydrant and 1 water service Install 8" main in W. 23rd and Harrison It s map was Mucbpcd 6Y wOOM,I! A. w:xem. aa.caten only. rib not rleslyred t ym+Ne Rdnhnl ML (.-.M Mo. not Pa used br any W m twtmaes without the express written pome¢bn of Sweetwalalutlwnttx- het,',swmicl S,,et* ,va eteKh, Gwrvt Avenue Chula Vrx.. CA 9P1910ML1a1FAX A 163 FAX 1616191 3,469 Lawton of WO. facile. are approximate n� baud on record rmern... Fora more cruraxe to xatin water holies ,aX MUM. el6kx:a Pact. Ca1 U S A.0 tEl1pN1A133 yodel. lcaua10 he parcel of mad data shown on Pis ropumopnebcy mromow The use d m� inlonnatnn is wrsuan toaw renae agmenre1only. Any rc.Je a entice-1s,, of this WormaMnls prohibited, except in accordance with such eoaicen.tna agreements =4 Install 8" fire service Install 6" hydrant 150 75 0 150 Feet • HI mains 1010 Seeortl Axenr S0lb 13(l4 San Diego, CP91101i933 - - engydoldaurtelarrvtemaps manna GTWIMP EXHIBA.mxd EXHIBIT "B" MARINA GATEWAY STREETSCAPE PHASE 2 September 30, 2009 1 The Owner shall provide for the installation of the water facilities listed below. 2. No facilities will be installed prior to the execution of an Agreement to Improve Development — Water Facilities. 3. No facilities will be installed prior to the acceptance by Sweetwater Authority (Authority) of the A) Bond forms and/or Instrument of Credit, and B) Certificate of Insurance (see attachments). 4. Improvement plans shall riot be signed, as approved by the Authority, prior to the completion of the stipulations spelled out in paragraphs 1 through 3. 5. Owner shall provide for compaction testing per requirements of the Authority. 6. Owner shall provide for construction staking and surveying for the proposed water facilities. 7. Owner shall cause to be installed the water facilities listed in paragraph 8. 8. INSTALLATIONS: A. APX. 700 L.F. OF 8" CL. 235 PVC WATER MAIN @ $250/LF B. 1 FIRE NEW HYDRANT AND (3) 8" FIRE SERVICES C. ABANDON (5) WATER SERVICES & 2" PVC MAIN D. INSTALL (6) WATER SERVICES E. MODIFY (1) FIRE HYDRANT AND (1) WATER SERVICE TOTAL ESTIMATE 9. BOND AMOUNTS AND/OR INSTRUMENT OF CREDIT: A. Faithful Performance Bond, 100% B. Laborer's and Materialmen's Payment Bond, 100% C. Instrument of Credit, 200% 10. FINAL DETAIL DESIGN — PLANS AND SPECIFICATIONS: 11. ACQUISITION OF FACILITIES (Deposit): 12. METER FEES: A. (3) 5/8" DETECTOR METERS @ 80/EA B. (4) 5/8-INCH METERS @ 80/EA C. CREDIT (4) 5/8-INCH METERS @ 80/EA D. (1) 1-INCH METER @ 115/EA E. CREDIT (1) 1-INCH METER @ 115/EA TOTAL METER FEES $173,500 $25,000 $15,000 $35,000 $15,000 $263,500 $263,500 $263,500 $527,000 $500 $1,000 $240 $320 ($320) $115 ($115) $240 Exhibit "B" Marina Gateway Streetscape Phase 2 September 30, 3009 Page 2of2 13. CAPACITY (FEES)*: A. (5) EDU's @ $2,300/EA B. CREDIT (5) EDU's @ $2,300/EA TOTAL CAPACITY FEES *additional Capacity Fees to be paid by owner upon development based on estimated water use in Gallons Per Day $11,500 ($11,500) $0* 14. SAN DIEGO COUNTY WATER AUTHORITY CAPACITY CHARGE: A. (4) 5/8-METERS @$4,492/EA $17,968 B. CREDIT (4) 5/8-INCH METERS @ $4,4921EA ($17,968) C. (1) 1-INCH METER © $7,188/EA $7,188 D. CREDIT (1) 1-INCH METER @ $7,188/EA ($7,188) TOTAL CAPACITY CHARGE $0** **additional San Diego County Water Capacity Charges will be due from owner upon development if larger meters are required. 15. INSPECTION AND CONNECTION (DEPOSIT): $18,500 TOTAL FEES AND DEPOSITS $20,240 16. The above figures for deposits are estimates only and may vary accordingly. Upon completion of installation, costs will be computed, and a billing or refund will be issued to your firm. 17. In the event a ninety (90)-day period elapses from the date of Exhibit "B", the above estimated fees and deposits must be revised and are subject to the condition of agreement with the Authority. 18. Owner is responsible for consumer side connection of proposed project meters including the installation of consumer ball valves. ************************************************************************************************** ACCEPTANCE SWEETWATER AUTHORITY CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION James L. Smyth, Operations Manager Date Date t:\engr\Dev\Marina Gateway Streetscape\-WATERMAIN-DRAFT-AGMT-PKG\Exhibit B.doc City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November 17, 2009 AGENDA ITEM NO. 4 (ITEM TITLE Resolution of the City Council of the City of National City authorizing the transfer of the appropriation of $100,000 of City General Fund local grant match from the Federal Highway Safety Improvement Program (HSIP) Traffic Safety Enhancements Grant Project for E. 8th Street between K Avenue and Palm Avenue to the Federal Safe Routes to School Traffic Calming and Streetscape Enhancements Project for Coolidge Avenue PREPARED BY Barby Tipton DEPARTMENT Development Services EXT. 4583 Engineering Division EXPLANATION The transfer and reallocation of $100,000 will satisfy the local grant match requirements for the Federal Safe Routes to School Traffic Calming and Streetscape Enhancements Project for Coolidge Avenue (see companion item for further explanation). Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Transfer $100,000 from expenditure account 8th Street Traffic Calming, 001-4 9-500-598-6165 to Coolidge Avenue, expenditure account 001-409-500-598-6173 Account No. STAFF RECOM END TI Adopt the Resol tion f BOARD / COMMI 'ION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Federal Project Authorization transfer A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER OF $100,000 OF CITY GENERAL FUND LOCAL GRANT MATCH FROM THE FEDERAL HIGHWAY SAFETY IMPROVEMENT GRANT FOR THE EAST 8TH STREET TRAFFIC CALMING — K AVENUE TO PALM AVENUE TO THE FEDERAL SAFE ROUTES TO SCHOOL COOLIDGE AVENUE PROJECT WHEREAS, reallocation of $100,000 from the General Fund Local Grant Match for the Federal Highway Safety Improvement Grant for the East 8th Street Traffic Calming — K Avenue to Palm Avenue Project will serve as the local grant match requirements for the Federal Safe Routes to School - Coolidge Avenue Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $100,000 of City's General Fund Local Grant Match for the Federal Highway Safety Improvement Grant for the East 8th Street Traffic Calming - K Avenue to Palm Avenue Project to the Federal Safe Routes to School Coolidge Avenue Project PASSED and ADOPTED this 17th day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CaItit al Assistance Federal Safety Prc is (SRTS, and HSIP) Projects Programmed in the 2009 FTIP, Ready for an Authorization (E-76) Request S y District District Agency MPO Safety Program Cycle Project ID Project Location' Description of Work Original Total Project Cost Estimate Current Programmed Federal Funds Current Program Year 11 National City SANDAG SRTS 2 S0211003 ON COOLIDGE AVE. NEAR KIMBALL ES INSTALL SIDEWALKS, CURB RAMPS, BULB -OUTS, CROSSWALKS, AND SIGNING AND STRIPING ENHANCEMENTS $ 830,000 5 730,000 2010/11 `ES: Elementary School MS: Middle School Page 1 of 1 Reflects projects programmed in the FTIP as of 2/3/2009 List Excludes Previously Released Projects City of National City, California COUNCIL AGENDA STATEMENT FETING DATE November 17, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City appropriating $200,000 of Proposition A funds for Traffic Signal Upgrades to the Federal Highway Safety Improvement Program (HSIP) Traffic Safety Enhancements Grant Project for E. 8th Street between K Avenue and Palm Avenue PREPARED BY Barby Tipton EXPLANATION DEPARTMENT Development Services EXT. 4583 Engineering Division The Traffic Signal Upgrades allocation of TransNet funds in the amount of $200,000 needs to be appropriated to an expenditure account. City staff recommends appropriating these funds to the E. 8th Street-K Avenue to Palm Avenue Traffic Safety Enhancements Project for the following reasons: 1) The grant for this project includes installation of a new traffic signal at the intersection of E. 8th Street and L Avenue, which justifies the use of TransNet Traffic Signal Upgrades funds. 2) The TransNet Traffic Signal Upgrades funds would be better leveraged by serving as a portion of the local match required for this Federal HSIP Grant project, thereby allowing the transfer of City General Funds to be used as a local match for the Federal Safe Routes to School Traffic Calming and Streetscape Enhancements Project for Coolidge Avenue (see companion item). Environmental Review X N/A Financial Statement MIS Approval Approved By: Fin ice 'hector Establish Appropriations in the amount of $200,000 from Proposition A undesignated fund balance, account 307-2501 to Traffic Signal Upgrades, account 307-409-500-598-6558 Account No. STAFF RECOMMENDATION Adopt the Resolution. / BOARD / COMMIS ION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Federal Project Authorization signals A-200(Rev .7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROPRIATING $200,000 OF PROPOSITION A FUNDS FOR TRAFFIC SIGNAL UPGRADES WHEREAS, the Federal Highway Safety Improvement Program Grant for the East 8th Street -Traffic Calming K Avenue to Palm Avenue Project will include a traffic signal; and WHEREAS, the appropriation of $200,000 of Proposition A funds used to install a traffic signal at the intersection of East 8th Street and L Avenue is appropriate use of the funds; and WHEREAS, the appropriation of $200,000 of Proposition A funds will serve as a grant match for the Federal Highway Safety Improvement Program Grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorized the appropriation of $200,000 of Proposition A Funds for Traffic Signal Upgrades. PASSED and ADOPTED this 17th day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Caltr ;al Assistance Federal Safety Pr ns (SRTS, and HSIP) Projects Programmed in the 2009 FTIP, Ready for an Authorization (E-76) Request ly District District Agency MPO Safety program Cycle Project ID Project Location' Description of Work Original Total Project Cost Estimate Current Programmed Federal Funds Current Program Year 11 National City SANDAL HSIP 2 6492 E. 8TH ST. BETWEEN K AVE. AND PALM AVE. AND AT THE INTERSECTION OF E 8TH ST. AND L AVE. CONSTRUCT MEDIANS, TURN LANES, ROADWAY WIDENING, TRAFFIC SIGNALS AND BEACONS, AND SIDEWALKS $ 1,130,000 $ 900,000 2009/10 'ES: Elementary School MS- Middle School Page 1 of 1 Reflects projects programmed in the FTIP as of 2/3/2009 List Excludes Previously Released Projects City of National City, California COUNCIL AGENDA STATEMENT ..IEETING DATE November 17, 2009 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City accepting the Assistance Agreement and the 111 requirements of the Energy Efficiency and Conservation Block Grant awarded by the U.S. Department of Energy in the amount of $561,700 to cover the reimbursement of contract services to be provided by Honeywell Building Solutions for energy efficiency and energy conservation upgrades for City facilities. PREPARED BY DEPARTMENT Geny Torres (Ext. 4336Clif Community Development Housing and Grants Division EXPLANATION On June 16, 2009, by Council Resolution No. 2009-157, the submission of a grant application to the U.S. Department of Energy was approved and the Mayor and City Manager were authorized to execute the grant agreement. On September 14, 2009 the Department of Energy announced that the City of National City had been awarded a grant in the amount of $561,700 to cover contract services to be performed by Honeywell Building Solutions for infrastructure improvement projects that will promote energy efficiency and energy conservation for City facilities. This is a cost reimbursable grant that requires the City to pay for the contract services prior to submitting invoices for reimbursement of grant funds. The period of performance for this grant is 9/14/2009-9/13/2012 as specified under the grant's Assistance Agreement. Effective Date: 9/14/2009 Award No: DE-SC0002029 CFDA No: 81.128 Environmental Review ' N/A Financial Statement Establish appropriations in 296-422-511-299-0000 in the amount of $561,700. (Revenue Account 296-22511-3498) Approved By: Finance Director Account No. 296-422-511-299-0000 STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Assistance Agreement for the Energy Efficiency and Conservation Block Grant A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE ASSISTANCE AGREEMENT AND THE REQUIREMENTS OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AWARDED BY THE U.S. DEPARTMENT OF ENERGY IN THE AMOUNT OF $561,700 TO COVER THE REIMBURSEMENT OF CONTRACT SERVICES TO BE PROVIDED BY HONEYWELL BUILDING SOLUTIONS FOR ENERGY EFFICIENCY AND ENERGY CONSERVATION UPGRADES FOR CITY FACILITIES WHEREAS, the City of National City desires to invest in infrastructure improvement projects that will promote energy efficiency and energy conservation for City facilities; and WHEREAS, on September 14, 2009, the U.S. Department of Energy awarded the City of National City the Energy Efficiency and Conservation Block Grant in the amount of $561,700 to be used between September 14, 2009 and September 13, 2012, for infrastructure improvement projects that will promote energy efficiency and energy conservation for City facilities; and WHEREAS, this is a cost reimbursable grant that requires the City to pay for contract services provided by Honeywell Building Solutions prior to submitting invoices for reimbursement of grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City accepts the Assistance Agreement and the requirements of the Energy Efficiency and Conservation Block Grant awarded by the U.S. Department of Energy in the amount of $561,700 to cover the reimbursement of contract services to be provided by Honeywell Building Solutions for energy efficiency and energy conservation upgrades for City facilities. PASSED and ADOPTED this 17th day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NOT SPECIFIED /OTHER ASSISTANCE AGREEMENT Award No. DE-SC0002029 2. Modification No. 3. Effective Date 09/14/2009 4. CFDA No. 81.128 5. Awarded To NATIONAL CITY, CITY OF Attn: Chris Zapata 1243 NATIONAL CITY BLVD NATIONAL CITY CA 919504397 6. Sponsoring Office EERE (FORS) U.S. Department of Energy Office of Energy Efficiency & Renewable Forrestal Building 1000 Independence Avenue, SW Washington DC 20585 7. Period of Performance 09/14/2009 through 09/13/2012 8. Type x II II of Agreement Grant CooperatveAgreement Other 9. Authority Energy Independence and Security Act of 2007 (EISA) 10. Purchase Request or Funding Document No. 09SC004888 11. Remittance Address NATIONAL CITY, CITY OF Attn: Chris Zapata 1243 NATIONAL CITY BLVD NATIONAL CITY CA 919504397 12. Total Amount Govt. Share: $561,700.00 Cost Share : $0.00 Total : $561,700.00 13. Funds Obligated This action: $561,700.00 Total : $561,700.00 14. Principal Investigator 'kris Zapata, 619-336-4240 15. Program Manager Martha J. Kass Phone: 865-576-0717 16. Administrator Oak Ridge U.S. Department of Energy P.O. Box 2001 0ak Ridge TN 37831 17. Submlt Payment Requests To OR for Oak Ridge/OSTI U.S. Department of Energy Oak Ridge Office Oak Ridge Financial Service Center P.O. Box 6017 Oak Ridge TN 37831 18. Paying 011ice 19. Submit Reports To See Reporting Requirements Checklist 20. Accounting and Approprlatlon Data Block Grant 21. Research Title and/or Description of Protect ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT i For the Reclplent For the United States of America 22. SignatureopPerson Authorized to Sign A- C 25. Signature of Grants/Agreements Officer 23. Name itle CHRIS ZAPAT C.TY MANAGER 24. Date Signed 9/30/2009 26. Name of Officer PLENA L. CANSLER 27. Date Signed 09/14/2009 NOT SPECIFIED /OTHER NOT SPECIFIED /OTHER CONTINUATION SHEET REFERENCE NO. OF DOCUMENT REING CONTINUED DE-SC0002029 PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR NATIONAL CITY, CITY OF ITEM NO. (A) SUPPUES/SERVICES (B) OUANTITYUNIT (C) (D) UNITPRICE (E) AMOUNT (F) DUNS Number: 072494073 TAS::89 0331::TAS Recovery Recovery Act: Block Grant for ARRA Funding. New award for National City, CA ASAP: NO Extent Competed: NOT AVAIL FOR COMP Delivery Location Code: 00522 Oak Ridge Office U.S. Department of Energy Oak Ridge Office 230 Warehouse Road Oak Ridge TN 37830 Payment: OR for Oak Ridge/OSTI U.S. Department of Energy Oak Ridge Financial Service Center P.O. Box 6017 Oak Ridge TN 37831 Fund: 05796 Appr Year: 2009 Allottee: 30 Report Entity: 471999 Object Class: 41000 Program: 1005115 Project: 2004350 WFO: 0000000 Local Use: 0000000 TAS Agency: 89 TAS Account: 0331 July 2004 NOT SPECIFIED /OTHER City of National City, California COUNCIL AGENDA STATEMENT IIIIETING DATE: November 17, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City ratifying the acceptance of an augmentation to the Califomia Library Literacy Services grant in the amount of $19,889 increasing the total amount of the grant from $40,000 to $59,889 to fund the National City Public Library's literacy programs for FY2009-10. PREPARED BY Minh Duong x5882 ` .) DEPARTMENT Library EXPLANATION The baseline amount of $40,000 was approved by the City Council on September 15, 2009. This increase of $19,889 derives from a formula taking into account the local match - provided by Community Development Block Grant funding in the amount of $46,871 - and the per capita amount per adult learner served by the library the previous year. With this increase, the total grant amount awarded to the National City Public Library for FY2009-10 is $59,889. Environmental Review ✓ NIA Financial Statement Approved by: Finance Director Account No. 320 - 31335-3463 STAFF RECOMMENDATION Approval recommended. BOARD / COMMISSION RECOMMENDATION Approved November 11, 2009 by the Library Board of Trustees. ATTACHMENTS ( Listed Below) Resolution No. Augmentation Award Letter. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF AN AUGMENTATION TO THE CALIFORNIA LIBRARY LITERACY SERVICES GRANT IN THE AMOUNT OF $19,889 INCREASING THE TOTAL AMOUNT OF THE GRANT FROM $40,000TO $59,889 TO FUND THE NATIONAL CITY PUBLIC LIBRARY'S LITERACY PROGRAMS FOR FISCAL YEAR 2009-2010 WHEREAS, a $40,000 California Library Literacy Services (CCLS) Grant was approved by the City Council on September 15, 2009; and WHEREAS, an additional allocation of $19,889 derives from a formula taking into account the local match provided by the Community Development Block Grant funding in the amount of $46,871, and the per capita amount per adult learner served by the library the previous year; and WHEREAS, on November 11, 2009, the Library Board authorized the acceptance of the additional allocation, and it is now appropriate for the City Council to ratify the Board's action. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance of an augmentation to the California Library Literacy Services Grant in the amount of $19,889 increasing the total amount of the Grant from $40,000 to $59,889 to fund the National City Public Library literacy programs for Fiscal Year 2009-2010. PASSED and ADOPTED this 17th day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE- /L1BR.ARY October 12, 2009 Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-4401 Dear Ms. Duong: 1 am pleased to enclose a claim form for the remainder of your library's 2009/2010 California Library Literacy Services funding as determined by the California Library Literacy Services (CLLS) funding formula. This final payment of your total allocation for the 2009/10 fiscal year is $19,889 and is based on: • A per capita amount per adult learner served at your library in 2008/09 that reflects the fact that Adult Literacy Services are the heart of our service, and are the basis for all other literacy services. • A match on local funds raised and expended for adult literacy services at your library in 2008/09 - reflecting a commitment to a continuing State/Local partnership, and to providing an incentive for increased local support for adult literacy. Earlier this year you received baseline amounts for the 2009/10 fiscal year for your CLLS approved program components. These baselines reflect the importance of each library having enough funds to provide at least a minimum level of local literacy staffing and service. Below is a re -cap of your total CLLS funding for the 2009/10 program year: Baselines: Adult Literacy Services $10,000 Family for Literacy $10,000 English Language & Literacy Intensive $10,000 Mobile Library Literacy Services $10,000 Subtotal baseline(s): $40,000 (amount previously claimed) Final Payment: (Per Capita & Match) $19,889 (amount to be claimed now) GRAND TOTAL FOR 2009/10 $59,889 916.653.5217 phone 916.653.8443 fax www.library.c,a.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 41h Floor, Sacramento, CA 95814 National City Public Library 2 Any changes in your funding from last year could he a result of the following factors: (1) Baselines - a change in the CLLS program components you are offering (2) Per Capita - an increase or decrease u1 the number of adult learners you served (3) Match - an increase or decrease in the amount of local funds expended on adult literacy We will initiate the payment process upon receipt of your signed Claim Form (attached). This final payment will be processed after all reporting requirements from the prior fiscal year have been received and all adjustments made and unexpended monies returned. Please mail the signed claim form to: California State Library Fiscal/Local Assistance P.O. Box 942837 Sacramento, CA 94237-0001 Please revise your literacy budget for fiscal year 2009/10 utilizing the actual total allotment from the State Library as outlined in this award letter. The budget that you submitted with the application in May was based on projections. The revised budget forms should reflect updated information and more accurate figures than you had in May. These forms can be found at http://www.librarvliteracy.org after November 10 and must be completed by December 15. if you have questions completing these forms email Cindy Tackett at ctackett(liilibrary.ca.fov. Since electronic signatures are not available on the website at this time a statement acknowledging the accuracy of the revised budget figures has been added to the claim fore for your signature to certify its accuracy. No additional signature document will be needed at this time. You will be asked to report electronically twice this fiscal year —once in February, and again after the close of the fiscal year. CLLS staff will soon provide more details on this process. All state funds must be expended or encumbered by June 30, 2010. The following specific issues or observations have been made about your final report on the 2008/09 service year: • We're unable to reconcile the increased number ofprograrn participants, especially in the ELL1 program, with the fact that there was no literacy coordinator during the year. Your use of the AmeriCorps member in a non -GELS program violates the AmeriCorps policies. Please respond in writing to explain before submitting a claim form. ▪ We are concerned by the low number ofyour adult learners who appear to be participating in the roles and Goals process. If you have questions about how to implement and/or report on Roles & Goals, please contact Jacquie Brinkley atjbrinkley@library.ca.gov or (916) 651-0376. Should you have additional questions regarding the new funding and/or reporting process, please contact: Jacquie Brinkley Carla Lehn Cindy Tackett (916) 651-0376 or jbrinkley a,library.ca.eov (916) 653-7743 or cichn(d 1ibrary.ca.gov (916) 653-7172 or ctacketta1ibrarv.ca.gov 916.653.5217 phone 916.653.8443 fax www.library.ca gov Library Development Services Bureau P. 0. Box 942837 Sacramento, CA 94237-0001 900 14 Street, 4'h Floor, Sacramento, CA 95814 National City Public Library 3 Best wishes in implementing your library literacy services. Yours truly, Alir NA/ Stacey A. Aldrich, Acting State Librarian of California cc: Kris Jorgensen, Literacy Coordinator (via email: kris Jorgensen a nationalcitylibrary.org) Enc: Claim Form Doc. #14145 1.DOC 916.653.5217 phone 916-653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4`" Floor, Sacramento, CA 95814 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE Nov 17, 2009 AGENDA ITEM NO. 8 (-ITEM TITLE Warrant Register #16 for the period of 10/14/09 through 10/20/09 in the Amount of $1,737,538.45 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette 619-336-4 Per Government Section Code 37208, attached are the warrants issued for the period of 10/14/09 through 10/20/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Public Emp Ret Sys 229795 284,906.78 PPE 10/05/09 Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By. Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,737,538.45 BOARD / COMMISSION RECOMMENDATION 1TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #16 A-200 (Rev. 7/03) 1/3 WARRANT REGISTER # 16 10/20/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT BEARD REIMB- EPA BROWNFIELD CONFERENCE 229685 10/20/09 484.90 BLUEINK.COM LLC LIBRARY REMODEL PROJECT 229686 10/20/09 13,000.00 CALIFORNIA REDEVELOPMENT ASSO LEGAL DEFENSE FUND 229687 10/20/09 870.00 DAVID REED LANDSCAPE ARCHITECT PROFESSIONAL SERVICES NC ARTS CTR 229688 10/20/09 8,280.10 EQUIFAX INFORMATION SVCS CREDIT BACKGROUND CHECK FOR S8 229689 10/20/09 50.00 FEDEX EXPRESS MAIL COURIER SERVICES 229690 10/20/09 108.86 GE CAPITAL INSTALLMENT FOR COPIER RENTAL 229691 10/20/09 420.86 H. DAMON BRADEN CONSULTANT FOR WESTSIDE 229692 10/20/09 4,000.00 NBS MILE OF CARS 229693 10/20/09 947.60 PACIFIC BUSINESS CAPITAL CORP EQUIPMENT RENTAL (POWER POLES) 229694 10/20/09 390.00 PRINT SENSE MARINA GATEWAY STREETSCAPE 229695 10/20/09 930.45 PRO BUILD MISC. TOOLS 229696 10/20/09 108.95 RICK ENGINEERING CO MARINA GATEWAY STREETSCAPE 229697 10/20/09 4,470.24 SAN DIEGO CLIPPING SERVICE NEWS READING AND CLIPPING SVC 229698 10/20/09 137.00 VISTA PAINT GLOVES NEOPRENE BLACK 229699 10/20/09 62.56 ADAMS AMERICORPS LSTA Y7 229700 10/20/09 29.55 AT & T MOBILITY CELL PHONE SVC - LIBRARY 229701 10/20/09 178.32 BAKER & TAYLOR ADULT/YOUNG ADULT/CHILDREN BOOK 229702 10/20/09 879.08 ^ANSAL AMERICORPS LSTA Y7 229703 10/20/09 258.17 URLEW AMERICORPS LSTA Y7 229704 10/20/09 59.67 .,ABALLERO MUSIC - NC GOT TALENT 229705 10/20/09 250.00 CHILDREN'S PLUS INC. BOOKS FOR READING IS FUNDAMENTAL 229706 10/20/09 723.36 CITY OF NATIONAL CITY OUT OF STATE SALES TAX 229707 10/20/09 51.80 CORLETT AMERICORPS LSTA Y7 229708 10/20/09 22.74 CROSBY AMERICORPS LSTA Y7 229709 10/20/09 141.85 EDUCATIONAL DEVELOPMENT BOOKS FOR READING IS FUNDAMENTAL 229710 10/20/09 154.80 EHDE AMERICORPS LSTA Y7 229711 10/20/09 47.74 EMERY-PRATT CO. OLD FARMERS ALMANAC 2010. 229712 10/20/09 7.63 EMPIZO AMERICORPS LSTA Y7 229713 10/20/09 619.36 FLORINE AMERICORPS LSTA Y7 229714 10/20/09 58.08 GUERRERO AMERICORPS CNCS Y6 & LSTA Y7 229715 10/20/09 606.23 INGRAM LIBRARY SERVICES INC. ADULT BOOKS 229716 10/20/09 2,473.42 JANWAY COMPANY USA, INC. CARABINER LIGHT KEYCHAIN 229717 10/20/09 424.25 JORGENSEN MILEAGE REIMB FOR SCLLN MEETING 229718 10/20/09 102.41 KAUR AMERICORPS LSTA Y7 229719 10/20/09 144.36 KELLEY BLUE BOOK REFERENCE BOOKS 229720 10/20/09 64.95 LASER SAVER INC INKJET CARTRIDGES. 229721 10/20/09 511.93 LITERACYWORKS AMERICORPS CNCS Y6 229722 10/20/09 40,000.00 MARQUEZ AMERICORPS CNCS Y6 229723 10/20/09 30.00 MCCULLOUGH AMERICORPS LSTA Y7 229724 10/20/09 198.37 MEDINA AMERICORPS CNCS Y6 & LSTA Y7 229725 10/20/09 171.31 MIDWEST TAPE DVD'S FOR WOWMOBILE COLLECTION 229726 10/20/09 275.90 MUDGE AMERICORPS LSTA Y7 229727 10/20/09 373.57 DLO PRESS, INC. REFERENCE BOOKS 229728 10/20/09 40.37 DVELLI AMERICORPS LSTA Y7 229729 10/20/09 18.15 NYE PRINTING OF A MANUSCRIPT 229730 10/20/09 55.30 OMNIGRAPHICS, INC. REFERENCE BOOKS 229731 10/20/09 59.70 PRO BUILD TABLE/CHAIRS FOR WOWMOBILE 229732 10/20/09 209.51 SANCHEZ AMERICORPS CNCS Y6 & LSTA Y7 229733 10/20/09 533.66 SCHNEIDER AMERICORPS LSTA Y7 229734 10/20/09 235.90 PAYEE SCHOLASTIC LIBRARY PUBLISHING SCLLN SCOTT SIRSIDYNIX SNIDER SPRINT STAPLES ADVANTAGE STERLING PUBLISHING CO., INC. STRATEGIC RESOURCE COMPANY/ THE H.W. WILSON CO. THOMSON GALE TRAN U.S. POSTMASTER WASHINGTON WEISS XEROX CORPORATION AFLAC ALPHA & OMEGA AMERICAN ROTARY BROOM CO., INC AMR ARC ERGONOMICS ARELLANO FAMILY TRUST BALLERINI COURT REPORTERS CALIFORNIA STATE UNIVERSITY CDWG CHEAPER THAN DIRT CHEVRON & TEXACO BUSINESS CARD CITY OF NATIONAL CITY COUNTY OF SAN DIEGO COUNTY WIDE EQUIPMENT COX COMMUNICATIONS CUMMINS CAL PACIFIC, LLC D.E. WILLIAMS SHIELDS DISCOUNT SPECIALTY CHEMICALS DOKKEN ENGINEERING EMPLOYMENT DEVELOPMENT DEPT ESGIL CORPORATION FERGUSON ENTERPRISES, INC FRANK TOYOTA GRAINGER HARLAN HARRIS & ASSOCIATES HYDRO-SCAPE PRODUCTS INC. KLOS KOCH ARMSTRONG GENERAL L N CURTIS & SONS LASER SAVER INC LEXIS-NEXIS LOPEZ MATERIAL SALES INC. WARRANT REGISTER # 16 10/20/2009 DESCRIPTION CHK NO CHILDREN BOOKS 229735 SCLLN SO CA LIBRARY LITERACY 229736 AMERICORPS LSTA Y7 229737 PATRON BARCODES 229738 AMERICORPS LSTA Y7 229739 VIDEO CONFERENCING, LONG DISTANCE 229740 AMERICORPS - OFFICE SUPPLIES 229741 GIVEAWAY BOOKS FOR WOWMOBILE 229742 AMERICORPS CNCS Y6 229743 REFERENCE BOOKS 229744 REFERENCE BOOKS 229745 AMERICORPS LSTA Y7 229746 POSTAGE FOR OVERDUE NOTICES 229747 AMERICORPS LSTA Y7 229748 AMERICORPS LSTA Y7 229749 XEROX BASE CHARGES 229750 AFLAC ACCOUNT BDM36 OCT 2009 229751 SCBA MASK FIT TESTS 229752 SWEEPER REPAIRS 229753 MEDICAL SUPPLIES - FIRE DEPT 229754 OFFICE SUPPLIES 229755 REIMB-HEALTHY HOMES UNIT REPAIRS 229756 HEARING TRANSCRIPTS 229757 TUITION- ADV EVID TECH COURSE 229758 COMPUTER SUPPLIES - ITS 229759 BREAK FREE CLP AEROSOL CLEANER 229760 GAS 229761 PETTY CASH PPE SEP 30, 2009 229762 SHARE OF PARKING CITATION-SEPT 09 229763 LABOR/REPAIR COATS TIRE CHANGER 229764 COX HIGH SPEED 60MB DATA CIRCUIT 229765 MISC PARTS TO REPAIR WOW 229766 STANDARD SHIELDS/PROBATIONARY 229767 GOOP OFF WITH TRIGGERS 229768 AUGUST 2009 SERVICES 229769 UNEMPLYMNT REIMB APR-JUN 2009 229770 CONSULTANT SERVICES FOR BLDG 229771 PLUMBING MATERIALS 229772 FOUR, 2009 TOYOTA PRIUS HYBRID 229773 ELECTRICAL MATERIAL 229774 ADV POST SUB INTERNAL AFFAIRS 229775 CIVIL ENGINEERING/TRAFFIC ENGINEERINC 229776 WATER PIPES, VALVES ADV CHILD EXP INVEST SEMINAR OCTOBER 2009 CONSTRUCTION SVCS RED PLAIN SCBA MASK PROTECTOR COMPUTER SUPPLIES ONLINE CHARGES FOR SEP 2009 TRANSLATION SVCS 09/15/09 PS ANGLE/REC TUBING/SQ TUBE 229777 229778 229779 229780 229781 229782 229783 229784 2/3 DATE AMOUNT 10/20/09 161.16 10/20/09 150.00 10/20/09 254.43 10/20/09 398.63 10/20/09 140.69 10/20/09 14.65 10/20/09 697.47 10/20/09 129.00 10/20/09 1,560.91 10/20/09 202.75 10/20/09 247.18 10/20/09 42.13 10/20/09 308.00 10/20/09 290.08 10/20/09 114.17 10/20/09 951.07 10/20/09 1,543.64 10/20/09 672.00 10/20/09 115.48 10/20/09 1,849.12 10/20/09 1,235.02 10/20/09 1,165.00 10/20/09 1,694.25 10/20/09 310.00 10/20/09 438.56 10/20/09 41.18 10/20/09 180.20 10/20/09 289.16 10/20/09 11,698.44 10/20/09 247.71 10/20/09 3,839.16 10/20/09 2,418.38 10/20/09 279.00 10/20/09 459.93 10/20/09 23,335.99 10/20/09 14,569.51 10/20/09 11,223.77 10/20/09 106.27 10/20/09 1,411.88 10/20/09 257.32 10/20/09 408.14 10/20/09 22,260.00 10/20/09 451.95 10/20/09 248.00 10/20/09 5,900.00 10/20/09 95.21 10/20/09 461.50 10/20/09 427.38 10/20/09 140.00 10/20/09 135.43 N LA_,*-e- 3/3 PAYEE MIAMI MEDICAL MJC CONSTRUCTION ONE DAY PAINT & BODY (INC.) ORTIZ WILFREDO TRUST PALM AVENUE INVESTORS LTD PMW ASSOCIATES PRO BUILD PRO BUILD PROJECT DESIGN CONSULTANTS PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RICK ALBA APPRAISAL SERVICE ROBERT HALF LEGAL SAN DIEGO CONCRETE CUTTING CO. SAN DIEGO MIRAMAR COLLEGE SAN DIEGO SPEEDO TACH, INC. SD BMW MOTORCYCLES SKS INC. SOUTH BAY WINDOW & GLASS CO ;OUTHWEST SIGNAL SERVICE, INC. T BERNARD SOFTWARE STAPLES ADVANTAGE STRATACOM SUMMIT SUPPLY SWEETWATER AUTHORITY THIRD DEGREE COMMUNICATIONS TURNER'S PORTABLE WELDING U S HEALTHWORKS UNION TRIBUNE PUBLISHING CO UNION -TRIBUNE PUB. CO. WHILLOCK CONTRACTING INC WILLY'S ELECTRONIC SUPPLY YBARRA PAYROLL Pay period Start Date 21 9/22/2009 Special Payroll 14 18 87 CORpoR1lFEP WARRANT REGISTER # 16 10/20/2009 DESCRIPTION MEDICAL GLOVE BOX HOLDERS KIMBALL PARK IMP -BASKETBALL CRT LABOR ON FRONT & REAR DOORS REIMB-HEALTHY HOMES UNIT REPAIRS REIMB-HEALTHY HOMES UNIT REPAIRS TUITION - INTERNAL AFFAIRS SMALL TOOLS - FIRE SMALL TOOLS - FIRE NC GENERAL PLAN UPDATE LAUNDRY SERVICE SERVICE PERIOD 10-09-3 LIABILITY CLAIM COSTS TEMP EMPLOYEE W/E 10/02/09 CITY-WIDE CONCRETE SAW CUTTING TUITION - REG OFFICER TRAINING SPEEDOMETER CALIBRATIONS R&M CITY VEHICLES VAL ALL -FLEET PLUS 15W40 BULK 20 X 20 X 1/4' CLEAR TEMPERED GLASS TRAFFIC SIGNAL & STREET LIGHTING APPLIANCE REPLACEMENT OFFICE SUPPLIES INFO CARDS - PD REFILL BAGS FOR DOG DISPENSER FACILITIES DIVISION TUITION - CHILD EXP INV SEMINAR LABOR, REPAIRS TO VEH #471 MEDICAL SERVICES PUBLIC NOTICING PUBLICATION- PLANNING COMMISSION REFUND OF CONST/DEBRIS DEPOSIT SHOP SUPPLIES ADV FIELD EVIDENCE TECH COURSE End Date 10/5/2009 Check Date 10/14/2009 10/13/2009 CHK NO DATE AMOUNT 229785 10/20/09 180.00 229786 10/20/09 4,683.50 229787 10/20/09 2,153.61 229788 10/20/09 5,662.00 229789 10/20/09 3,165.00 229790 10/20/09 428.00 229791 10/20/09 199.39 229792 10/20/09 234.30 229793 10/20/09 35,643.43 229794 10/20/09 526.64 229795 10/20/09 284,906.78 229796 10/20/09 183.00 229797 10/20/09 1,024.00 229798 10/20/09 2,220.00 229799 10/20/09 65.00 229800 10/20/09 28.00 229801 10/20/09 333.19 229802 10/20/09 1,044.57 229803 10/20/09 55.62 229804 10/20/09 14,325.41 229805 10/20/09 8,607.44 229806 10/20/09 3,274.01 229807 10/20/09 143.66 229808 10/20/09 185.00 229809 10/20/09 40,278.16 229810 10/20/09 395.00 229811 10/20/09 1,517.56 229812 10/20/09 145.00 229813 10/20/09 473.60 229814 10/20/09. 1,024.00 229815 10/20/09 5,986.40 229816 10/20/09 68.21 229817 10/20/09 372.00 A/P Total 619,375.34 1,028,542.26 89,620.85 GRAND TOTAL $ 1,737,538.45 «- CALtFORNIA -‹+ {� iTy lNCOp.POAATED Warrant Register # 16 10/20/2009 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 159 GENERAL PLAN UPDATE RESERVE 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 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 277 NC PUBLIC LIBRARY DONATINS FUND 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAUTRANSNET HIGHWAY 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME 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 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 727 BUILDING AND SAFETY T & A DEPOSITS 731 CONSTRUCTION AND DEMOLITION DEBRIS 1,074,425.41 34,658.37 20,816.82 1,310.18 1,766.14 3,935.33 16,965.82 9,890.59 1,359.98 1,095.35 36,988.86 12,638.85 398.63 1,711.86 959.31 4,981.72 1,747.43 1,148.23 91,114.96 44,812.09 1,357.71 1,833.52 10, 946.66 2,151.41 15,261.40 20,564.64 54,910.74 21,175.62 1,087.72 98,241.11 1,999.98 57,443.51 5,221.49 5,776.24 11,602.54 399.60 5,063.93 16,249.36 14,569.51 19,456.61 1,411.88 2,100.94 5,986.40 1,737,538.45 City of National City, California COUNCIL AGENDA STATEMENT •ETING DATE Nov 17, 2009 9 AGENDA ITEM NO. ITEM TITLE Warrant Register #17 for the period of 10/21/09 through 10/27/09 in the Amount of $758,180.02 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette 619-336-43 Per Government Section Code 37208, attached are the warrants issued for the period of 10/21/09 through 10/27/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation PTM General Eng 229898 186,480.00 Safe Route to School Public Emp Ret Sys 229899 278,803.58 PPE 10/19/09 Tristar 229922 86,220.00 Prefund for Claim Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $758,180.02 BOARD / COMMISSION RECOMMENDATION IliATTACHMENTS ( Listed Below ) Resolution No. 1. Warrant Register #17 A-200 (Rev. 7/03) 1/3 PAYEE ENTERPRISE CAR RENTAL SDG&E ACEDO AIRGAS-WEST AIRGAS-WEST ALL FRESH PRODUCTS ALLEN AMERICAN ROTARY BROOM CO., INC BAVENCOFF BCM CUSTOMER SERVICE BLACKIE'S TROPHIES AND AWARDS BOARD OF EQUALIZATION BOND LOGISTIX BOOT WORLD BOYD BRENNTAG PACIFIC, INC. C W REED JR 4SSO OF TACTICAL OFFICERS FORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CDWG CEB CITY OF CHULA VISTA CONDON CONSTRUCTION ELECTRONICS INC. DATA TICKET INC DATA TICKET INC DEFRATIS DELL MARKETING CORP DEPARTMENT OF JUSTICE DICERCHIO DREDGE DREW FORD EMERGENCY EQPT. ENGINEERING EWERT, PHILLIP FABINSKI FEDEX FERGUSON ENTERPRISES, INC FIRST AMERICAN CORE LOGIC, INC GRAINGER ILTON MEATS & PROVISIONS SON HOLLOWAY HUNTERS NURSERY INC. HYDRO-SCAPE PRODUCTS INC. INFRASTRUCTURE ENGINEERING �-• C.41 FORNIA WARRANT REGISTER # 17 10/27/2009 DESCRIPTION CLEARS 2009 CONFERENCE UTILITIES RETIREE HEALTH BENEFITS NOV 2009 MATERIALS & SUPPLIES HELIUM TANK REFILLS FOR NUTRITION FOOD/CONSUMABLES RETIREE HEALTH BENEFITS NOV 2009 SWEEPER REPAIRS REIMB - AIRLINE CS#87M3525 DATACENTER NC PREVENTIVE MAINTENAN NAMETAG SALES & USE TAX 3RD QTR 2009 PREPARATION OF INTERIM ARBITRAGE APPAREL (PARKS) RETIREE HEALTH BENEFITS NOV 2009 POOL CHEMICALS (CHLORINE) RETIREE HEALTH BENEFITS NOV 2009 TUITION: CHEMICAL AGENTS INST. BREAD DELIVERY FOR NUTRITION ELECTRONIC DOOR REPAIRS ELECTRICAL. MATERIAL GAGE/SYNTHETIC CHAMOIS TRENDMICRO MAINTENANCE RENEWAL CA CIVIL LITIGATION FORMS ANIMAL SHELTER COSTS RETIREE HEALTH BENEFITS NOV 2009 PD AND FIRE SECURITY MAINTENANCE TICKETS STOCK PC PROCESSING - SEPT 2009 RETIREE HEALTH BENEFITS NOV 2009 REPLACEMENT DELL LT04 FOR DATA CTR INVESTIGATIVE SVCS - SEPT 2009 RETIREE HEALTH BENEFITS NOV 2009 RETIREE HEALTH BENEFITS NOV 2009 AUTO PARTS AMMUNITION & SUPPLIES FOR POLICE DEP RETIREE HEALTH BENEFITS NOV 2009 REIMB - HOSTING CITE DAY IN NC SPECIAL HANDLING CHGS PLUMBING MATERIALS MERTOSCAN CD DATA ANNUAL RENEWAL PLUMBING MATERIALS MEAT DELIVERY FOR NUTRITION RETIREE HEALTH BENEFITS NOV 2009 RETIREE HEALTH BENEFITS NOV 2009 HORTICULTURE ITEMS WATER VALVES, FITTINGS PERFORM AN INFLOW/INFILTRATION CHK NO DATE AMOUNT 229818 10/22/09 285.61 229819 10/22/09 1,641.11 229820 10/27/09 160.00 229821 10/27/09 202.86 229822 10/27/09 23.25 229823 10/27/09 4,354.11 229824 10/27/09 125.00 229825 10/27/09 115.48 229826 10/27/09 174.60 229827 10/27/09 300.00 229828 10/27/09 5.98 229829 10/27/09 5,897.00 229830 10/27/09 3,250.00 229831 10/27/09 242.43 229832 10/27/09 145.00 229833 10/27/09 594.80 229834 10/27/09 1,123.93 .229835 10/27/09 540.00 229836 10/27/09 294.00 229837 10/27/09 229.52 229838 10/27/09 380.02 229839 10/27/09 96.43 229840 10/27/09 6,100.00 229841 10/27/09 170.13 229842 10/27/09 16, 765.62 229843 10/27/09 280.00 229844 10/27/09 1, 687.10 229845 10/27/09 1,727.22 229846 10/27/09 2,765.35 229847 10/27/09 120.00 229848 10/27/09 14,480.62 229849 10/27/09 322.00 229850 10/27/09 70.00 229851 10/27/09 250.00 229852 10/27/09 890.46 229853 10/27/09 110.17 229854 10/27/09 160.00 229855 10/27/09 219.85 229856 10/27/09 68.82 229857 10/27/09 19.72 229858 10/27/09 6,980.78 229859 10/27/09 1,636.03 229860 10/27/09 1,303.54 229861 10/27/09 135.00 229862 10/27/09 150.00 229863 10/27/09 71.34 229864 10/27/09 413.91 229865 10/27/09 7,619.56 2/3 PAYEE INTEGRATED BIOMETRIC INTER'L INST OF MNCPL CLERK JAMES JC TOWING JJJ ENTERPRISE JOHN DEERE LANDSCAPES KIMBLE KOLANDA L&L PRINTERS LOPEZ MAINTEX, INC. MATIENZO MCCABE MCGUIRE DISTRIBUTING MISSION UNIFORM SERVICE MOTOR INFORMATION SYSTEMS MURRAY MYERS NAPA AUTO PARTS NATIONAL NOTARY ASSOCIATION NATIONAL NOTARY ASSOCIATION NOSAL, WILLIAM A. ONE SOURCE DISTRIBUTORS PADRE JANITORIAL SUPPLIES INC PAUU PERRY FORD POST POTTER POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PTM GENERAL ENGINEERING, SVCS PUBLIC EMP RETIREMENT SYSTEM RAY REED RESTAURANT EQUIP SVC ROBERT HALF LEGAL RUIZ S.D. COUNTY SHERIFF'S DEPT. SAM'S ALIGNMENT SAN DIEGO REGIONAL COMPUTER SAN DIEGO SPEEDO TACH, INC. SDG&E SHORT, CRAIG SOLANA CENTER SPARKLETTS WATER SPRINT SSD SYSTEMS -$- CALIFORNIA, iNI� 5%�lmv C 1VCORpORATE WARRANT REGISTER # 17 10/27/2009 DESCRIPTION NEW EMP FINGERPRINT - SEPT 2009 ANNUAL MEMBERSHIP FEE - 12/31/10 RETIREE HEALTH BENEFITS NOV 2009 R&M AUTO EQUIPMENT ALARM MONITORING HORTICULTURE ITEMS RETIREE HEALTH BENEFITS NOV 2009 RETIREE HEALTH BENEFITS NOV 2009 PRINTING & BINDING TRANSLATION SVCS - 10/20/09 MISC JANITORIAL SUPPLIES RETIREE HEALTH BENEFITS NOV 2009 RETIREE HEALTH BENEFITS NOV 2009 MILK/DAIRY DELIVERY WEEKLY CLEANING/LAUNDRY SVCS RENEWAL SOFTWARE RETIREE HEALTH BENEFITS NOV 2009 RETIREE HEALTH BENEFITS NOV 2009 AUTO PARTS NOTARY TRAINING RENEWAL FOR RECORDS MGR RETIREE HEALTH BENEFITS NOV 2009 MATERIALS & SUPPLIES JANITORIAL SUPPLIES FOR NUTRITION RETIREE HEALTH BENEFITS NOV 2009 AUTO PARTS RETIREE HEALTH BENEFITS NOV 2009 RETIREE HEALTH BENEFITS NOV 2009 AUTO PARTS SMALL TOOLS KNIFE SHARPENING SERVICES CLEANING SERVICES N C. SAFE ROUTE TO SCHOOL SERVICE PERIOD 10-09-4 RETIREE HEALTH BENEFITS NOV 2009 REMOVE & REPLACE LEAKY TANK TEMP EMP SVC-WEEK ENDING 10/09/09 RETIREE HEALTH BENEFITS NOV 2009 SHERIFFS RANGE USE FOR TRAINING R&M AUTO EQUIPMENT FORENSIC SERVICE 7/01/09-06-30-2010 SPEEDOMETER CALIBRATIONS FACILITIES DIVISION RETIREE HEALTH BENEFITS NOV 2009 PURCHASING OF RECYCLED ITEMS DRINKING WATER LIBRARY PHONE BILL INVOICE: 256508-S CHK NO DATE AMOUNT 229866 10/27/09 18.00 229867 10/27/09 165.00 229868 10/27/09 140.00 229869 10/27/09 50.00 229870 10/27/09 900.00 229871 10/27/09 16.04 229872 10/27/09 300.00 229873 10/27/09 135.00 229874 10/27/09 350.70 229875 10/27/09 140.00 229876 10/27/09 5,196.59 229877 10/27/09 100.00 229878 10/27/09 280.00 229879 10/27/09 273.72 229880 10/27/09 123.32 229881 10/27/09 1,500.00 229882 10/27/09 150.00 229883 10/27/09 140.0t 229884 10/27/09 770.02 229885 10/27/09 407.74 229886 10/27/09 52.00 229887 10/27/09 1,065.60 229888 10/27/09 47.54 229889 10/27/09 358.60 229890 10/27/09 340.00 229891 10/27/09 68.25 229892 10/27/09 280.00 229893 10/27/09 150.00 229894 10/27/09 552.84 229895 10/27/09 1,793.49 229896 10/27/09 45.00 229897 10/27/09 414.97 229898 10/27/09 186, 480.00 229899 10/27/09 278,803.58 229900 10/27/09 190.00 229901 10/27/09 3,200.00 229902 10/27/09 1,024.00 229903 10/27/09 310-00 229904 10/27/09 200.00 229905 10/27/09 30.00 229906 10/27/09 12, 000.00 229907 10/27/09 168.0E 229908 10/27/09 14,454.6: 229909 10/27/09 300.00 229910 .10/27/09 744.92 229911 10/27/09 2.87 229912 10/27/09 24.64 229913 10/27/09 1,108.35 PAYEE STAPLES ADVANTAGE STAPLES ADVANTAGE SYSCO SAN DIEGO THE LIGHTHOUSE, INC. THE STAR NEWS THOMSON WEST TOM MOYNAHAN TOPECO PRODUCTS TRISTAR RISK MANAGEMENT TURF STAR U S IDENTIFICATION MANUAL UNITED STATES MARSHALS SERVICE USA MOBILITY WIRELESS, INC. VOA MAIN ST ANIMAL HOSPITAL VISTA PAINT WATERFRONT GRILL WEST GOVERNMENT SERVICES STFLEX INDUSTRIAL OD & WOOD WOOD & WOOD ZIETLOW, DAVID BEST BEST & KRIEGER LLP CAROLYN ST. CLAIR CHRISTENSEN & SPATH LLP DESROCHERS ENVIRONMENTAL HEALTH COALITION LASER SAVER INC MIG SD ELECTRIC RAILWAY ASSOC SDG&E STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE SWEETWATER AUTHORITY SECTION 8 HAPS PAYMENTS rye v � • �.�� 1NCORpogATED WARRANT REGISTER # 17 10/27/2009 DESCRIPTION OFF SUPPLIES OFFICE SUPPLIES - PD FOOD FOR NUTRITION CENTER AUTO PARTS ADVERTISING CONCRETE IMPROVEMENT BILLING PERIOD 09/05 - 10/04/09 R&M AUTO EQUIPMENT SHOP SUPPLIES PREFUND FOR CLAIM #00NAT00124 PARTS AND SERVICE FOR TORO GANG MOWER SUBSCRIPTION RENEWAL ASSET SEIZED VEHICLE ACQUISITION PAGING SERVICE K9 VET CARE TRAFFIC CONTROL SUPPLIES 5TH ANNUAL SCEDC RECEPTION CHOICEPOINT/CLEAR INVESTIGATIVE AUTO PARTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS — RETIREE HEALTH BENEFITS NOV 2009 COMMUNITY YOUTH ATHLETIC CNTR CONSULTANT AGREEMENT- VISUAL LEGAL SVCS - CASA FAMILIAR RETIREMENT BENEFIT - OCT 2009 HEALTHY HOMES - SEPT 2009 INK CARTRIDGES - S8 LAS PALMAS PARKNISION CONCEPT M&O AGREEMENT FOR 922 W 23RD ST 921 A AVE 09/17 - 10/16/09 ALARM MONITORING SERVICES OFFICE SUPPLIES - S8 1615 E 4TH ST Start Date End Date 10/21/2009 10/27/2009 3/3 CHK NO DATE AMOUNT 229914 10/27/09 781.37 229915 10/27/09 351.16 229916 10/27/09 4,863.83 229917 10/27/09 42.96 229918 10/27/09 743.13 229919 10/27/09 948.84 229920 10/27/09 50.00 229921 10/27/09 389.40 229922 10/27/09 86,220.00 229923 10/27/09 2,092.72 229924 10/27/09 180.26 229925 10/27/09 1,158.00 229926 10/27/09 901.02 229927 10/27/09 281.79 229928 10/27/09 75.30 229929 10/27/09 132.00 229930 10/27/09 400.00 229931 10/27/09 152.96 229932 10/27/09 11,375.00 229933 10/27/09 1,833.00 229934 10/27/09 150.00 229935 10/27/09 1,717.33 229936 10/27/09 6,809.69 229937 10/27/09 5,282.50 229938 10/27/09 110.00 229939 10/27/09 18,714.22 229940 10/27/09 253.14 229941 10/27/09 5,533.70 229942 10/27/09 600.00 229943 10/27/09 108.90 229944 10/27/09 228.96 229945 10/27/09 102.82 229946 10/27/09 157.87 A/P Total 752,805.65 5,374.37 GRAND TOTAL $ 758,180.02 +}* CALIFORNIA NNTIONALTv CINCORPORATE Warrant Register #17 10/27/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 212 PERSONNEL COMPENSATION FUND 261 CDC DEBT SERVICE FUND 301 GRANT-C.D.B.G. 323 SAFE ROUTES TO SCHOOL 502 SECTION 8 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 314,891.98 1,222.50 7,678.69 1,158.00 14,839.37 744.92 12,000.00 6,749.53 3,250.00 743.13 186,480.00 5,707.12 34,007.55 5,282.50 25,519.69 99,428.00 3.65 22,080.62 10, 076.23 925.66 30.15 5,360.73 758,180.02 City of National City, California COUNCIL AGENDA STATEMENT 10 MEETING DATE November 11 2009 AGENDA ITEM NO. ITEM TITLE National City Sales Tax Update —Second Quarter 2009 PREPARED BY Roxanna E. Galvan -`✓ V�DEPARTMENT Jeanette Ladrido Accountant Trainee Finance Directo x4331 EXPLANATION Background The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Newsletter Summary National City sales per capita continues to exceed the County and State average. However, sales tax for the second quarter of 2009 showed a 20.7% decline in comparison to the same quarter last year. Numerous contributors are responsible for the decline including: the national recession, a one time payment received from auto leases that temporarily inflated last year's allocation, and recent closeouts of department and electronic/ appliance stores within the City. This is the eighth consecutive quarter of statewide declines. Most economist agree that the recession ended somewhere around July, forecasting minor recovery in the last half of the year as companies restock depleted inventories, federal stimulus programs filter through the system, and investor confidence returns. Attached is the National City Sales Tax Update for the second quarter of 2009. This newsletter is also available on the City's website. Environmental Review NIA Financial Statement N/A Approved By: 41.(/ Jea rtte Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. National City Sales Tax Update —Second Quarter 2009 A-200 (9/80) The allocation from National City's April through June sales tax was 20.7% Tess than the same quarter one year ago. Lower fuel prices and decreased sales from new auto dealerships,' restaurants with no alcohol, special- ty stores and lumber/building mate- rials were primarily responsible for the decrease. Recent closeouts re ^ed revenues from department res and electronics/appliance stores. A onetime payment that tem- porarily inflated last year's allocation was responsible for the decrease in auto leases. The losses were offset by in- creased sales from women's appar- el. Recent additions helped boost revenues from discount department stores and heavy industrial. A one- time use tax payment temporarily in- creased receipts from some catego- ries of Fuel & Service Stations. NI ational City's voter -approved Measure "D"generated addition- al $1,945,276 in sales tax revenue which was 7.2% less than the same quarter one year ago. Adjusted for reporting aberra- tions, taxable sales for all of San Di- ego County decreased 18.3% over the comparable time period while Southern Califomia as a whole was down 20.0%. *AttFOMNIA - National City o Ci,,, Sales Tax Update ThirdQuarter Receipt, jar Second Quarter Sale, (Apr Jun 2009) SALES TAX BY MAJOR BUSINESS GROUP $1,400 ,000 $1,200,000 $1,000,000 $800 ,000 $600,000 $400,00D $200,000 $0 Autos and Transportation General Consumer Goods Restaurants and Hotels TOP 25 PRODUCERS In Alphabetical Order Arco AM PM AT&T Mobility Ball Honda Acura Mitsubishi & Suzuki Dixieline Lumber Fairbanks Morse Engine Div Frank Motors Hanson Aggregates Harrison Buick JC Penney Macys McCune Motors Mossy Nissan Perry Ford Ron Baker Chevrolet lsuzu Ross South Bay Volkswagen Suzuki Sweetwater Harley Davidson Target Three Wives Univar Venture Petroleum Wal Mart Wescott Mazda Kia Westair Gases & Equipment World Fuel Services Fuel and Service Stations Business and Industry 2nd Quarter 2008 ■ 2nd Quarter 2009 Building and Construction REVENUE COMPARISON One Quarter — Fiscal Year To Date 2008-09 2009-10 Point -of -Sale County Pool $3,215,342 $2,551,281 359,416 280,704 State Pool (849) 2,559 Gross Receipts $3,573,910 $2,834,544 Less Triple Flip* $(893,477) $(708,636) Gross Trans. Tax $2,096,159 $1.945,276 *Reimbursed from county compensation fund Published by The HdL Companies in Fall 2009 www.hdlcompanies.com l 888.861.0220 Food and Drugs CTut Ha Statewide Trends Adjusted for accounting aberrations, the local portion of California's sales and use tax for transactions occurring April through June were 18.4% lower than last year's comparable quarter. All categories and regions were down with receipts from fuel, automobiles, business supplies, and construction materials exhibiting the largest reduc- tions. This is the eighth consecutive quarter of statewide declines but sub- sequent reductions should become increasingly moderate as the economy bottoms out and future quarters are compared to previous record lows. The Climb Back Up Statistically most economists agree that the national recession ended some- where around the end of July. Minor recovery is expected in the last half of the year as companies restock depleted inventories, federal stimulus programs filter through the system, and investor confidence returns. IIowever, restoration of California's previous sales tax levels will lag. Un- employment is projected to increase through the first quarter of 2010 and remain weak for several quarters after. Incomesare flat, household wealth has been exhausted, inflation is in decline, and the drops in property values are not over. Lenders are less risk tolerant and previously excessive borrowers have become disciplined savers. The California Budget Project recently concluded that it took six years for the average household to fully rebound from the jobless recovery following the recession of 2001. New consumer frugality, tight credit, and moderate job growth may result in an equally slow recovery from this recession. Prognostications for key segments: General Consumer Goods - Sales of personal electronics remain solid but consumers are focusing on price and necessities when it comes to ap- parel and other merchandise. Weak back -to -school sales and limited credit for new stock have retailers planning lean inventories for the holiday season which is projected to be Hat with only modest gains through 2010. Transportation - Cash-for-clunkers stimulated new car sales but largely borrowed from the next two quarters. Significant recovery is not expected until the 2011 models arrive. RV, boat, and motorcycle sales may languish un- til the return of full employment. Business & Industry - Sales to health providers and manufacturers of food products, energy, and informa- tion technology remain stable. Invest- ment in equipment and supplies as a whole however, generally drops in and out of a recession four to six quarters after consumer goods. Continued de- clines are expected through 2010. Building & Construction - Benefits from the stimulus package will be off- set by state cutbacks. Projections are for weak office and commercial con- struction. Modest recovery in overall spending is not expected until after next summer. Fuel & Service Stations- Lack of competition allows refiners to manip- ulate costs of the state's environmen- tally friendly summer blend, but over- all receipts are expected to stabilize after next quarter's comparison with the previous year's record price spike. Grocers & Restaurants - Intense price competition has kept receipts from grocers' taxable goods down while higher -end restaurants contin- ue to experience reduced patronage. Revenues are expected to remain flat for the next five to six quarters. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 so 02 06 National City Q2 02 07 08 County Q2 09 California NATIONAL CITY TOP 15 BUSINESS TYPES Business Type New Motor Vehicle Dealers Discount Dept Stores Restaurants No Alcohol Service Stations Family Apparel Department Stores Specialty Stores Women's Apparel Heavy Industrial Lumber/Building Materials ElectronicslAppliance Stores Restaurants Beer And Wne Shoe Stores Auto Lease Petroleum Prod/Equipment Total All Accounts County & State Pool Allocation Gross Receipts National City County HdL State 02 '09* Change Change Change $661.3 -34.7% -28.9% -32.7% 205.5 28.6% -6.9% -4.7% 189.3 -2.9% 4.5% 2.9% 147.2 -36.0% -35.9% -36.8% 126.8 2.1% -8.6% -5.4% 116.2 -21.8% -22.3% -20.5% 78.5 -5.1% -12.6% -12.2% 78.2 1.6% -11.9% -12.1% 76.0 67.2% -22.1% -30.6% 64.5 -68.4% -21.1% -21.1% 58.5 -31.5% -15.0% -14.2% 51.3 7.5% -11.1% -12.8% 48.8 13.9% 2.2% -2.7% 44.3 -36.4% -23.7% -24.2% -CONFIDENTIAL - -42.1% -47.2% $2,551.3 -20.7% -17.2% -21.2% 283.3 -21.0% $2,834.5 -20.7% 'In thousands City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 17, 2009 AGENDA ITEM NO. 11 ITEM TITLE Continued Public Hearing for, and Appeal of Thrifty Oil Company from Planning Commission Resolution No. 23-2009, Pertaining to a Proposed Planned Development, Tentative Subdivision Map, and Negative Declaration for a 72-Unit Condominium Complex Located at the Southeast Corner of East Plaza Boulevard and Palm Avenue (Applicant: Palm Plaza Associates, LLC) (Case File 2008-46 S, PD, IS) PREPARED BY Peggy Chapin, 336-4319 DEPARTMENT Development Services/Planning EXPLANATION The project site consists of two parcels totaling 96,268 square feet, with frontages on both Palm Avenue and Plaza Boulevard. The properties are unimproved and zoned General Commercial — Planned Development (CG-PD). The easterly of the two properties is currently owned by the Community Development Commission and the developer is presently in negotiations with the City to purchase the property. The applicant is proposing to construct three condominium buildings, comprising 72 units, with 29,066 square feet of common open space and 145 parking spaces. Access to the site will be from Plaza Boulevard via a 20-foot driveway on the western side of the project. An attached background report describes the project in detail. Environmental Review x N/A Financial Statement N/A STAFF RECOMM DATION Staff concur .1 e d: of t Proposed Negative Declaration (2008-46 IS) Planning Commission. Approved By: Finance Director Account No. BOA- ' / CO IS : 0 * NDATION Planning Commission recommended approval of the Planned Development Permit & Tentative Subdivision Map. Ayes: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores. Abstain: DeLaPaz. ATTACHMENTS (Listed Below) 1. Background Report 2. Resolution 23-2009 3. Location Map Resolution No. 7. Notice of Appeal dated 11/3/09 from S. McKinley, Esq. 11. Request for on behalf of Thrifty Oil Continuance 8. Objections to Project dated 11/3/09 from S. McKinley, Esq. on 12. Notice of Hearing 4. Proposed Negative Declaration and Initial Study on behalf of Thrifty Oil Company before City Council 5. Public Hearing Notice (Sent to 35 property owners) 9. Letter dated October 5, 2009 from Howard Burns, Thrifty Oil Co. 6. Applicants Plans 10. Responses of City staff to the "Objections" (3 Memorandums) A-200 (9/99) BACKGROUND REPORT The Planning Commission held a public hearing on October 5, 2009 to consider a Planned Development Permit and Tentative Subdivision Map for the project. The potential land sale transaction between the CDC and the Applicant was not before the Planning Commission. Following the public hearing, the Commission adopted Resolution No: 23-29, approving the Planned Development Permit and Tentative Subdivision Map. Because final approval of any Planned Development Permit or Tentative Subdivision Map must be by action of the City Council, a public hearing was scheduledfor the City Council to consider these items for the November 3, 2009 City. Council meeting. As with the Planning Commission, the potential land sale between the CDC and the Applicant was not before the Council. Prior to the November 3 hearing, an appeal of Planning Commission Resolution No. 23-29 was filed by Thrifty Oil Company, the owner of land adjacent to the project. Although the Municipal Code does not provide a mechanism for "appealing" the Planning Commission's approval of a Tentative Subdivision Map since final approval in all cases is by the City Council, the Planned Development Permit and Tentative Subdivision Map for this project are closely interrelated. Accordingly, the City Council continued the entire item to their November 17 meeting, at which time the appeal of the Planned Development Permit and the final approval of the Tentative Subdivision Map will be considered:" Notice of Appeal" and "Objectionsto Project" filed by Thrifty Oil Company are. attached. Also attached are the responses of City staff to the "Objections." By letter dated November 9, 2009, a copy of which is attached, the attorney for Thrifty Oil Company requested that the November 17 hearing be continued to December 3, 2009. (The next regular meeting of the City council is on December 1, 2009). Whether or not the hearing is continued is within the discretion of the City Council. Project Details: The applicant is proposing to construct the following: • Three 24-unit buildings (72 units total); o Three stories of residential over garage parking (17 to 25 spaces each); o Units range from 1,000 to 1,142 square -feet; o Two or three bedrooms and two bathrooms per unit; o Covered balcony patios of between 60 and 100 square feet. ■ 29,066 square feet of common open space; o Tot lot; o Community Courtyard. O 3,241 square -foot clubhouse on the first floor of Building No. 1. • : 145 parking spaces O 71 open parking spaces; O 74 garage parking spaces located at the ground level of each building. The General Commercial (CG) zone allows for one 34.8 units per acre with and an approved Conditional Use or Planned Development Permit; the proposed project density is 32.6 units per acre. The project meets several Housing Element goals including encouraging the production of new and quality housing affordable to all income ranges, as well as facilitating urban infill development to promote higher rates of homeownership. The project meets all City Land Use Code requirements (height, setbacks, minimum unit area, open space, etc) except side yard setback and parking. The applicant is requesting two exceptions to Land Use Code requirements: Less than required side yard setback of 13 feet where 20 feet is required, for Building No.. 2 adjacent to Thrifty gas station, and 145 parking spaces where 167 are required. Side yard setback: The required setback is twenty feet, five feet for each story. However, if a single story building was constructed, a minimum five-foot setback would be required. In addition, the existing buildings on the adjacent lot (Thrifty Gas Station) are 80 feet from the property line. The applicant is requesting the 7-foot reduction in order to allow for an adequate courtyard between Buildings 2 and 3 (tot lot). Parking: The required number of parking spaces is 156 spaces, two garage spaces per unit, plus guest parking as required per code for multi -family residential, as noted below. Garage spaces Open spaces Guest Spaces Total Required 144 N/A 12* 156 Proposed 73 58 14 145 *23 guest spaces are required, although half can be located on adjacent City streets Although more than the required guest spaces are provided (14), the development would have approximately half of the required garage parking spaces and would be short 11 spaces overall. The applicant is citing public transit availability as justification for the exception for parking. There are two bus stops within a quarter mile of the project site as well as a proposed Bus Rapid Transit route on Interstate 805 that is anticipated within 5 to 10 years (SANDAG), which would stop at Plaza Blvd. It should be noted that an apartment complex of 72 units would only require 120 parking spaces. The reduction would be less than 7% of the required amount of parking. Traffic: Plaza Boulevard is proposed to be widened in the near term (Plaza Boulevard Widening Project) to six lanes, including a median. The Traffic Impact Report that was submitted with the project requires that design features be incorporated into the project to prohibit outbound left turns at the project driveway, as well as prohibit inbound left turns after Plaza Boulevard is widened. These features include a stop sign at the exit and will also necessitate signage prohibiting outbound left turns. Based on comments from the City's Transportation Engineer, the project would not generate a potentially significant impact at the project driveway during the p.m. peak period under both existing project and near -term project conditions with these design features in place. A Condition of Approval is included to address the no left turn requirement. Environmental: In compliance with the California Environmental Quality Act (CEQA), an Initial Study was prepared to analyze potential environmental impacts. Based on the review of the project and determination of no potential significant impacts, a proposed Negative Declaration was prepared for the project (see Attachment 4). Planning Commission held a public hearing on October 5, 2009 at which time Commissioners asked questions regarding Conditions of Approval, timing of construction, City negotiations regarding sale of property, and Future Street widening plans. Three people spoke with questions and concerns on the proposed development. A representative from Thrifty Oil Company, a neighboring property owner, had questions regarding the sale of the property and about off -site guest parking. An area resident also spoke, suggesting alternate design scenarios including the Thrifty Oil -owned property and commented on the amount and safety of available street parking on Palm Avenue. The applicant spoke to these comments citing their ongoing communication with both the City and Thrifty Oil regarding development of the property, and stated that the project exceed minimum requirements for guest parking. Another neighboring property owner had concerns regarding the floodplain in the area and also regarding future street widening, although these comments were not specific to the project under consideration. The Planning Commission voted to approve the Planned Development Permit and Tentative Subdivision Map, including a finding of no significant environmental effect, based upon the Findings for Approval and subject to Conditions of Approval. RESOLUTION NO. 23-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR THE SOUTHEAST CORNER OF EAST PLAZA BLVD. AND PALM AVENUE APPLICANT: GARY WATTS. CASE FILE NO. 2008-46 S, PD, IS WHEREAS, application was made for approval of a Tentative Subdivision Map, Planned Development Permit and Proposed Finding of No Significant Environmental Effect for a 72-unit condominium complex located near the southeast corner of East Plaza Blvd. and Palm Avenue on property known as APN 557-410-20-00 and generally described as: Parcel 3 of Parcel Map No. 13257, in the City of National City, In the County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, May 8, 1984 as File No. 84-170925 of Official Records. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on October 5, 2009, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2008-46 S, PD, IS, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 5, 2009, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION That the Negative Declaration (2008-46 ES) has been read and considered together with any comments received during the public review process; and, 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed subdivision will not have a significant effect on the envirotunent, since the site is located within a fully urbanized area and design elements incorporated into the project will minimize any potential impacts. 2. The proposed map is consistent with the National City General Plan and Housing Element, since the proposed multi -family residential development, at a density of 32.6 units per acre, is less than the 34.8 units per acre allowed in the General Commercial (CG) Zone, and the proposed infill development increases the available housing units in the City. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, there are no unusual geologic hazards on -site, and a recent amendment to the applicable Flood Insurance Rate Map (FIRM) for the area has determined that the project site is not within a floodway zone. 4. The site is physically suitable for the proposed density of development, since the four-story development will have more than the required open space, adequate site access and amenities, and the design is consistent with the City's Design Guidelines. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. The design of the subdivision and the proposed/required improvements would not result in impacts to public services, since all necessary public services are available and will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, since the design and implementation will be consistent with Best Management Practices and City standards. 9. 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. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 2.2-acre site can accommodate the development of three 24-unit, four-story condominium buildings with adequate access, parking, common areas, and private open space for each unit. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Boulevard (an arterial street) has sufficient capacity to adequately handle the approximately 432 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service, and since traffic controls limiting left turns onto Plaza Boulevard will improve circulation at the Plaza Boulevard and Palm Avenue intersection. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by corridor commercial uses (gas station, hotel, check cashing, and restaurant) and other multi -family residential uses to the south; therefore, the project would not divide an established community. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new housing stock, ownership and rental opportunities, and promote the development and use of a currently underutilized property. RECOMMENDED FINDINGS FOR APPROVAL OF THE EXCEPTION FOR A LESS THAN REQUIRED SIDE YARD SETBACK 1. The exception will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the affected setback is adjacent to a gas station whose operations area is more than 80 feet away from the subject property line. 2. Granting of the exception is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, and the reduced setback is consistent with single -story construction standards. RECOMMENDED FINDINGS FOR APPROVAL OF THE EXCEPTION FOR A LESS THAN REQUIRED PARKING 1. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since an apartment complex of the same number of units would need less parking, and since the reduction is minor (less than 7% of the required amount of parking). 2. Granting of the exceptions is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since 5 the General Plan encourages the creation of home ownership opportunities, which the requested exception facilitates, and since the reduction is minor (less than 7% of the required amount of parking). BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map and Planned Development Permit for 72 condominium complex on a 1.07-acre site located near the southeast corner of East Plaza Blvd. and Palm Avenue subject to the following conditions: General 1. This Conditional Use Permit authorizes a 72-unit condominium development located on the property located southeast of the Thrifty gas station located at 1606 E Plaza Blvd., as shown on the attached plans (Exhibit A -Revised, B-Revised and C, case file no. 2008-46 S, PD, IS, dated 9/4/2009). 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Planned Development Permit and Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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 Planned Development Permit and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit and Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 6. All plans shall comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Television cable companies shall be notified a minimum of 48 hours prior to tilling of cable trenches. Engineering 8. A hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Division requirements. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division. 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. 10. A Standard Urban Stormwater Management Plan (SUSMP) prepared by a Registered Civil Engineer with appropriate fee shall be submitted for review and approval by the City Engineer prior to issuance of a grading permit. 11. 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. 12. 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. 13. 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 Division. 14. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Division prior to any work beginning on the project. 5 15. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. A soils engineering report shall be submitted for Engineering Division 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 he 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 Division requirements. 18. An existing 20 foot wide drainage easement reserved to the City of National City exists on the property and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (on Palm Avenue and Plaza Boulevard). 20. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, and any grading construction on private property. 21. Street improvements shall be in accordance with the City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 22. The title report shall be submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 23. All new dwellings are subject to a $2,000 Traffic Impact Fee per unit. This includes new homes, condos and apartments. Separate traffic signal plans will be required. 24. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 25. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 26. 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. 27. 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. 28. SUSMP documentation must be submitted and approved. 29. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 30. The final map shall be recorded prior to issuance of any building permit. 31. All new property line survey monuments shall be set on private property, unless otherwise approved. 32. Theparcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the systems. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 33. Driveway access to Plaza Blvd. shall be limited to right tums only. City staff will monitor citations and accident history at the project driveway. Should collisions increase as a result of illegal left turns at the project driveway, the property owner and/or homeowners association shall be responsible for installing a physical barrier to prohibit left turns onto Plaza Blvd. Fire 34. The project shall be in compliance with NFPA 2007, CFC 2007 edition, title 19 and local City of National City Municipal Codes. 35. 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: 1) 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. 36. Upon submittal for building permit, data sheets for Back -Flows, Private and Commercial Hydrants, and Post Indicator Valves shall be provided. 37. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no Tess than 13 feet 6 inches high and shall have an all weather road with the ability to support 75 thousand pounds or greater. Please contact the "Fire Administration Office" for additional requirements for fire turn -around etc. 38. Fire hydrants shall be located throughout the project with a separation distance of no greater than 300 feet. Fire hydrants shall be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project). 39. Fire hydrant information shall be provided at building permit review including size and location; size and number of outlets; and whether outlets are to be equipped with independent gate valves. 40. All fire hydrants shall be of three outlet design (Commercial Hydrant). 41. Provide calculations confirming flow availability to meet fire flow demands and supply a large diameter hose (4-inch). 42. Fire hydrants shall be marked by use of blue reflective marker in the roadway. 43. Exit Signs shall be illuminated with green lettering per National City Ordinance. 44. FDC caps shall be Knox FDC Plugs. 45. Entrance/exit gates shall be equipped with Knox Box and Emergency Strobe so as to provide emergency vehicle access and egress in compliance with Municipal Code Chapter 10.47. 46. Fire Sprinkler, Fire Alarm and Fire Protection systems plans shall be submitted under a separate permit directly to the Fire Department for review and permitting. Fees along with three sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. 47. During construction, the project shall comply with Chapter 14 of the CFC 2007 edition "Fire Safety during Construction Alteration or Demolition of a Building". 48. Every building four stories or higher shall be provided with not less than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of Fire Department access. Such standpipes shall be provided with Fire Department hose connections at accessible locations adjacent to such useable stairs and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 2 -inch valve outlet for Fire Department use. 49. 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: 1) 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. Planning 50. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 51. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities recreational facilities and open spaces prior to approval of the final map. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 52. The CC&Rs shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such 53. The CC&Rs shall include language to restrict the accumulation of junk pursuant to Chapter 7.12 of the Municipal Code and storage of litter, debris and rubbish pursuant to Chapter 7.14 of the Municipal Code on exterior walkways, decks, and patios. 54. Prior to recordation of the Final Map, the applicant shall submit a Grant Deed, Title Report and/or agreement authorizing control of all property associated with this application. 55. At the time of Building Permit, a handicap -accessible and pedestrian walkway plan shall be submitted indicating accessible and efficient access throughout the property and to adjacent street s and sidewalks. 56. At the time of Building Permit, an exterior lighting plan shall be provided in conformance with National City Land Use Code § 18.60.010. The plans shall also show walkway lighting as well as building and parking lot lighting. 57. All requirements for this project as stated in the letter from Sweetwater Authority, dated October 29, 2008 shall be provided and/or incorporated into building plans. 58. The trash enclosures shall have a stucco exterior that is painted to match the proposed buildings and shall also have a roof to the satisfaction of the Development Services Director. 59. A landscape and below -grade irrigation plan shall be submitted that reflects the approved landscape concept plan. The plans shall reflect the plant species, number, and plant sizes, the location and detail of playground equipment, directional sign at entrance, all fencing and gates, parking lot and walkway lighting, and enhanced paving. The plans shall be submitted with the building permits for review and approval by the Planning Division. Police 60. If the parking garages and/or pedestrian access to the property are to be gated, a Knox Box shall be installed al each entrance to said garages and entrance in compliance with Municipal Code Chapter 10.47. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2008-46 IS) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby recommends approval of the proposed Negative Declaration. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 5, 2009, by the following vote: AYES: Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: CHAIRMAN Subject Parcel Zone Bound• ary so, 1 1 0 337.5 675 IFee 1,350 APN: 557-410-20 & 26 Planning Commission October 5, 2009 2008-46 S, PD, IS Location Map 11 09.14.09 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 Project Title: Applicant: Address of Project: Project Description: PROPOSED NEGATIVE DECLARATION Tentative Subdivision Map and Planned Development Permit for a 72-unit condominium complex at the southeast corner of Palm Avenue and Plaza Boulevard. Case file 2008-46 S, PD, IS Gary Watts 2505 Congress Street San Diego, CA 92110 A 2.2-acre site at the southeast corner of Palm Avenue and Plaza Boulevard, within the City of National City (APNs 557-410-20 and 557- 410-26) The project site, consisting of two existing parcels, is a 96,268 square -foot L-shaped property that has frontages on both Palm Avenue and Plaza Boulevard. The property slopes downward approximately 30 feet from the west side and southwest corner for the first 40 to 80 linear feet of the property before leveling out. The property then slopes gently downward to the northeast from approximately 60 feet to 56 feet. The properties are unimproved and contain minimal non-native vegetation. The applicant is proposing to construct three condominium buildings, comprising 72 units, 29,066 square feet of common open space and 71 open parking spaces. Each of the three buildings would be situated above a ground level parking garage with between 17 and 25 parking spaces (65 total). The 72 units will range from 1,000 to 1,142 square -feet, have two or three bedrooms and two bathrooms, and covered patios of between 60 and 100 square feet. The primary construction materials include a stucco finish and concrete roof tiles. Access to the site will be from Plaza Boulevard via a 20-foot driveway. The applicant proposes exceptions to the City's development standards for a reduced sideyard setback from the requires twenty feet to thirteen feet and a reduction in the reduction in the required parking from 156-spaces to 145-spaces. 1. PROJECT TITLE/PROJECT It: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: Tentative Subdivision Map and Planned Development Permit for a 72-unit condominium complex at the southeast corner of Palm Avenue and Plaza Boulevard — 2008-46 IS City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Martin Reeder, Assistant Planner (619) 336-4310 2.2-acre site at the southeast corner of Palm Avenue and Plaza Boulevard, within the City of National City (APNs 557-410-20 and 557-410-26) Gary Watts 2505 Congress Street, San Diego, CA 92110 Gary Watts (619) 298-1828 x 143 General Commercial — Planned Development zone (CG-PD) 6. ASSOCIATED APPLICATIONS: 2008-46 S, PD 7. PROJECT DESCRIPTION: The project site, consisting of two existing parcels, is a 96,268 square - foot L-shaped property that has frontages on both Palm Avenue and Plaza Boulevard. The property slopes downward approximately 30 feet from the west side and southwest corner for the first 40 to 80 linear feet of the property before leveling out. The property then slopes gently downward to the northeast from approximately 60 feet to 56 feet. The properties are unimproved and contain minimal non-native vegetation. The applicant is proposing to construct three condominium buildings, comprising 72 units, 29,066 square feet of common open space and 71 open parking spaces. Each of the three buildings would be situated above a ground level parking garage with between 17 and 25 parking spaces (65 total). The 72 units will range from 1,000 to 1,142 square -feet, have two or three bedrooms and two bathrooms, and covered patios of between 60 and 100 square feet. The primary construction materials include a stucco finish and concrete roof tiles. Access to the site will be from Plaza Boulevard via a 20-foot driveway. l' Proposed Negative Declaration Case File No. 2008-46 S, PD, IS As part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) in order to revise the extent of the 100-year floodplain (Zone AE) and remove the Floodway (FW) designation across the property (the Floodway designation has since been removed from the subject property). Environmental Findings: The Proposed Negative Declaration (2008-46 S, PD, IS) has been considered together with any comments received during the public review process, and based on the whole record, there is no substantial evidence that the project will have a significant effect on the environment and that the Proposed Negative Declaration and Environmental Checklist reflect the City's independent judgment and analysis. Date: November 2, 2009 Peggy C a.m,"'rincipal Planner Initial Study - Page 2 of 17 As part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) in order to revise the extent of the 100-year floodplain (Zone AE) and remove the Floodway (FW) designation across the property (the Floodway designation has since been removed from the subject property). 8. OTHER AGENCIES WHO'S APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): Federal Emergency Management Agency (Letter of Map Revision) 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. ❑ Land Use & Planning O Population & Housing ❑ Geological Problems ❑ Water O Air Quality DETERMINATION: (To be completed by the Lead Agency) ❑ Transportation/Circulation ❑ Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Noise 0 Mandatory Findings of Significance On the basis of this Initial Evaluation: ❑ Public Services ❑ Utilities & Service Systems O Aesthetics ❑ Cultural Resources ❑ Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A 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. 9/,/°y Signature Date Printed Name: MARTIN REEDER Title: ASSISTANT PLANNER Initial Study - Page 4 of 17 ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n ❑ ❑ ❑ 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 ❑ ❑ ❑(27 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? Discussion: The site is located within an urbanized commercial corridor and is surrounded by corridor commercial uses (gas station, hotel, check cashing, restaurant) and residential uses to the south and west. The site has an approximate elevation of 54 feet above sea level. Properties located to the west are between 35 and 40 feet higher and properties to the south are 24 to 36 feet higher than the subject property. The proposed buildings will be 52 feet high, 12 to 28 feet taller than the elevations of surrounding properties, not counting the height of existing buildings in these areas. There are no scenic vistas in the area, given it's urbanized character and topography, therefore there is no impact. The proposed project site is currently vacant and contain minimal non-native vegetation, thus not containing any scenic resources. The proposed development includes three new mulit-family buildings with 72 units with varied building materials and architectural elements, as well as the standard associated improvements and landscaping. Development of the site would improve aesthetics of the area by providing ornamental and drought -tolerant landscaping and construction of 72 residences, where there is currently little vegetation and a vacant property. Therefore, the proposed project would not have a significant adverse effect on scenic resources, since implementation of the project would provide a cohesively -designed, well -landscaped multi -family complex. The proposed development would consist of residential units that would include design features to direct lighting to the project site and avoid spillover to adjacent areas. (Sources: 1, 2, 3, 4, 18) II. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation. Impact Incorporation a) Convert Prime Farmland, Unique Farmland, or Farmland of ❑ 0 0 la 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 Williamson ❑ 0 ❑ Act contract? l7 Initial Study - Page 5 of 17 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact w/ Impact Mitigation lncorporatio n 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? Discussion: 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 was previously developed as a commercial use and is currently vacant. It is currently zoned for commercial use, 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: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Conflict with or obstruct implementation of the applicable air ❑ ❑ ❑ quality plan? b) Violate any air quality standard or contribute substantially to an ❑ 0 0 El existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria ❑ 0 ❑ El 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? ❑ ❑ ❑ El c) Create objectionable odors affecting a substantial number of people? ❑ ❑ ❑ Discussion: 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 a 72-unit multi -family development on a currently vacant property, and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San Diego County. According to vehicular traffic generation data published by the San Diego Association of Governments (SANDAL) the project would result in an approximate increase of 432 daily vehicle trips. Emissions resulting from developing the site would be directly related to the amount of vehicular traffic generated by the facility. Consequently, while the proposed project would have an incremental impact to area -wide air -quality based on increased traffic levels, however, the individual impacts attributed to this project will not cause ambient air -quality standards to be exceeded or have a significant impact on air quality. As the project site has some slopes, the proposal is anticipated to require moderate grading on -site. 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 limited period in which grading will be conducted, and with appropriate use of Best Management Practices (BMP) for dust control, site clearance and grading, the project would result in an extremely small contribution to the San Diego Air Basin (SDAB) and therefore would not result in a significant impact. (Sources: 4, 7,12) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Mitigation 1g Initial Study - Page 6 of 17 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact w/ Impact Mitigation Incorporatio n IV. BIOLOGICAL RESOURCES — Would the project: Impact Incorporation Impact a) Have a substantial adverse effect, either directly or through habitat ❑ ❑ ❑El 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 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? d) Interfere substantially with the movement of any native resident or ❑ ❑ ❑El 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? 0 ❑ ❑ Discussion: The project site was previously developed and the prior structres removed . Currently, the vacant site contains minimal non-native vegetation. Also, no jurisdictional wetlands, other sensitive habitat, or sensitive species are located on the property; and data provided by the U.S. Fish & Wildlife Service indicate the proposed project site contains no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined streambeds. The project site is located completely within an urbanized area, surrounded by development and contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans within the City of National City.; therefore, the proposed development would have no impact on biological resources. (Sources: 1, 2, 4, 5) V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ 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 resource or ❑ ❑ site or unique geologic feature? d) Disturb any human remains, including those interred outside of ❑ ❑ formal cemeteries? 0 i9 Initial Study - Page 7 of 17 ISSUES with Supporting'Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Discussion: No historical or archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site. Additionally, the developed nature of the area as a commercial area, suggests that no impacts to archaeological resources are anticipated. No cultural resource constraints are known to exist on the currently vacant 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. Therefore, the proposed project would not result in a significant impact to cultural resources. (Sources: 1, 4) VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most ❑ ❑ ❑ El 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? ❑ 0 0 iii) Seismic -related ground failure, including liquefaction? ❑ ❑ 0 iv) landslides? 0 0 0 b) Result in substantial soil erosion or the loss of topsoil? 0 ❑ ❑ El c) Be located on a geologic unit or soil that is unstable, or that would ❑ ❑ 0 El become unstable as a result of the project, and 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 0 0 0 El Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic 0 0 0 El tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion: 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. The nearest active fault to the site is the Rose Canyon Fault, located approximately three miles to the northwest. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. The site is not within an arca susceptible to landslides and not within a fault zone, slide prone area or an area susceptible to liquefaction; therefore there is no impact or increased exposure to landslides due to the proposed project. 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. Due to the number and nature of the active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur; therefore, there is a less than Initial Study - Page 8 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n significant impact. Proposed plans include substantial non -permeable development (three apartment buildings with 72 units and all additional open areas are proposed to be landscaped. Additionally, all design and construction will require conformance with City's stormwater ordinance. Therefore, there is no impact or increased substantial erosion due to the proposed project. The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. (Sources: 2, 4, 13) VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment ❑ ❑ ❑El 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? c) Emit hazardous emissions or handle hazardous or acutely ❑ ❑ 0 El hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous ❑ 0 ® 0 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 ❑ ❑ 0 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 adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? CI ❑ ❑Egi Discussion: The proposed project site is not within an area identified as a hazardous materials site. There has been no prior use of the property that involved hazardous materials, nor is the proposed multi -family residential use of the site associated with any anticipated hazardous materials. Also, the site is not within two miles of a public or private airport or associated airport plan. Although the site is not on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, the Thrifty Gas Station, located northwest of the site, has had a documented leaking underground storage tank (LUST) case. Initial Study - Page 9 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Furthermore, in the Regulatory Document Review presented by SCS Engineers as part of the application, there is a high likelihood that constituents of concern (CoC)-bearing groundwater may have migrated beneath the project site. As part of the project submittal, the applicant provided documentation of a Soil Vapor Study that was conducted in 2006 in order to follow up on the LUST case. Based on information contained in the Regulatory Document Review, volatile organic compounds (VOCs) were not reported and that there is a low likelihood that significant human health risks exist at the project site as a result of vapor phase migration of VOCs. The review determined the low health risk likelihood based on the project being constructed at grade and that there would be no soil export. Therefore, there would be a less than significant impact with regard to hazardous materials. The project is not adjacent to any wildlands or land subject to wildland fires; therefore there would not be any significant risk of Toss, injury or death involving wildfires. Therefore would not be an impact. (Sources: 1, 2, 4, 10, 13, 14) VIII. 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 ❑ ❑ ❑ El requirements? b) Substantially deplete groundwater supplies or interfere ❑ ❑ ❑ El 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 or area, ❑ ❑ El El 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? d) Substantially alter the existing drainage pattern of the site or area, ❑ ❑ ❑ including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 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? ❑ ❑ ❑ El 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 ❑ 0 ❑ Ei death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Initial Study - Page 10 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n Discussion: The proposed project is subject to state and local stormwater requirements including appropriate design features that adequately address water quality discharge requirements; therefore, there would be no significant impact. Also, the site is located in an urbanizM developed area and includes appropriate construction and permanent best management practices that would not significantly impact water quality. The existing drainage has previously been accommodated through a concrete channel located below Plaza Blvd. The requirements of the permit would control drainage on -site and not create an adverse effect to the natural drainage pattern of the site. The project will also be subject to state and local stormwater requirements, including appropriate drainage facilities to ensure adequate drainage on -site or into a city stormwater facility. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation; therefore, there would be no significant impact. The site was previously located within the boundaries of both the 100-year and 500-year flood zones as designated on the current Flood Insurance Rate Map (FIRM), as well as within a designated Floodway zone in the City. However, as part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) that revised the extent of the 100-year flooplain (Zone AE) and removed the Floodway (FW) designation across the property. Conditions of Approval for the associated Development Permit would require compliance with all City codes and regulations, including requiring that the first habitable floor be constructed above the Base Flood Elevation as designated on the FIRM under Zone AE in this area; therefore, there would be a less than significant impact. 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 area is several miles inland from the San Diego Bay and other water features that would create the natural disasters mentioned above; therefore, there is no impact. With the floodplain zone revision and development approval, there would be no conflict with any applicable plan, policy or regulation. Without the floodplain zone revision, no construction would be permitted; therefore there would be a less than significant impact. (Sources: 1, 2, 4, 15) IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of ❑ ❑ ❑ El an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural ❑ ❑ ❑El community conservation plan? Discussion: The site is surrounded by corridor commercial uses (gas station, hotel, check cashing, restaurant) and residential uses to the south and southwest; therefore no established community would be divided. The area immediately to the south also includes similar multi -family development. The current zoning for the property is General Commercial (CG), which allows for one unit per 1,250 square feet with and an approved Conditional Use or Planned Development Permit (34.8 units per acre). The proposed project would be for a 72-unit multi -family development on a 96,268 square -foot lot (32.6 units per acre). Therefore, the proposed project would not conflict with the General Plan density or housing style requirements; therefore, there will be no impact The City's Land Use Code allows for minor variances or exceptions from the land use standards such as setbacks. The project is requesting two such exceptions — a less than required side yard setback of 13 feet where 20 feet is required and 145 parking spaces where 167 are required. Less than 'waited side yard setback Initial Study - Page 11 of 17 ISSUES with Supporting Documentation& Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n The yard in question faces an existing gas station, therefore there would be no impact to the adjacent use as a result of the reduction. The required side yard There would be no undue impact to residents of the proposed building as a result of the reduced setback. The required setback is five feet for each story (four stories = 20 feet). However, if a single story building was constructed, a minimum five-foot setback would be required, therefore, there will be no impact Reduced parking spares There are two bus stops within a quarter mile of the project site with as well as a proposed Bus Rapid Transit route that is anticipated within 5 to 10 years that will likely reduce dependence on personal vehicle use for commuting purposes. therefore there is no impact. There is no habitat conservation or natural community conservation plans applicable in this area, therefore there is no impact. (Sources: 1, 2,4) X. MINERAL RESOURCES Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant impact Impact Mitigation Impact Incorporation a) Result in the loss of availability of a known mineral resource that ❑ ❑ ❑ would be of value to the region and the residents of the state? b) Result in theloss of availability of a locally -important mineral ❑ ❑ ❑ El resource recovery site delineated on a local general plan, specific plan or other land use plan? 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: 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 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑LEI 0 0 ❑ 0 Initial Study - Page 12 of 17 Potentially Less Than Less Than No Significant Significant Significant Impact ISSUES with Supporting Documentation & Sources Impact w/ Impact Mitigation Incorporatio n Discussion: While the proposed project area is in an urbanized area, it does not fall within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise. In addition, the project will comply with requirements of the State Building Code and City ordinances with regard to noise for multi -family residential projects. This requirement will be incorporated into project structural plans, and therefore there is no significant impact to new residents. However, since the project is located adjacent to a major arterial, the project will incorporate noise attenuation measures as part of the construction details, including dual pane windows, ventilation systems and insulation to reduce potential noise levels. The project, by its nature as a multi -family project, would not typically generate noise levels or ground borne vibration in excess of local standards to affect neighboring properties. The associated grading and construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, should not exceed the noise limits contained in the City's Noise Ordinance. All noise generated by the project would be required to comply with the City's Noise Ordinance and be limited to specific hours of operation. 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 is no impact to those people working on the project site. (Sources: 1, 2, 4) XII. POPULATION & HOUSING Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation 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)? b) Displace substantial numbers of existing housing, necessitating the ❑ ❑ ❑ El construction of replacement housing elsewhere? c) DispIace substantial numbers of people, necessitating the 0 0 ❑ El construction of replacement housing elsewhere? Discussion: The proposed project is a residential housing development including 72 new condominium units. While the development would result in some new population growth on the proposed property, the increase is not considered substantial as, if the project is approved, the City's General Plan allows for a maximum density of 34.8 units per acre on the site. As such, no significant increase to population within the City would be expected as a result of the proposal; therefore, there is no impact. The project meets several goals of the National City 2005-2010 Housing Element including encouraging the production of new housing affordable to all income ranges (Policy 4.3), Implementation of the City's adopted Design Guidelines in all residential developments to ensure attractive, functional housing is built for residents of all income levels (Policy 4.5), as well as facilitating urban infill development to promote higher rates of homeownership.(Policy 4.8) The proposed project would not displace substantial numbers of people or housing, as the project site is currently vacant; therefore, there is no impact. (Sources: 1, 2, 4, 19) XIII. PUBLIC SERVICES Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for a5. Initial Study - Page 13 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n any of the public services: Fire protection? 0 0 0 Police protection? ❑ ❑ 0 Schools? 0 0 0 Parks? 0 0 0 Other public facilities? ❑ 0 ❑ Discussion: 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 Station is approximately % mile away on East 16th Street, and the Police Station a mile away at 12th Street and National City Boulevard. Typical response time for this neighborhood would not be adversely impacted, as plans do not involve changes to public streets adjacent to the site and since plans include retaining emergency access throughout the project area. Also, the development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Based on information from the San Diego County Office of Education, National School District has had declining enrollment numbers since 2001. Sweetwater Union High School District enrollment has been increasing in for the last several years. However, the rate of increase has dropped significantly in the last 3 years. The proposed project would result in an increase of approximately 80 school age children (K-12), resulting in a negligible additional of school children in the area; therefore there is no impact. There are two parks within one mile of the project — El Toyon Park (3/4 miles) and Las Palmas Park (1/2 mile). In addition, the project includes approximately 35,000 square feet of common open space and 9,000 square feet of private open space on -site for use by residents, both in excess of open spaces requirements (300 square feet of common open space per unit and 6o square feet of private open space per unit), therefore there is no impact to parks. (Sources: 1, 2, 4, 11, 16, 19,20) XIV. RECREATION Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Would the project increase the use of existing neighborhood and 0 0 0 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 ❑ 0 ❑ construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Discussion: The proposed project includes the construction of a 72 apartment units, each with private patios, along with a large common open space area for the entire development. 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: 2, 4) XV. TRANSPORTATION/TRAFFIC Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact impact Mitigation Impact Incorporation a) Cause an increase in traffic which is substantial in relation to the ❑ existing traffic load and capacity of the street system (i.e., result in IZI Initial Study - Page 14 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n 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 ❑ ❑ ❑ 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 0 0 ❑ increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp 0 0 curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 0 Ei f) Result in inadequate parking capacity? 0 0 ❑ g) Conflict with adopted policies plans, or programs supporting 0 0 ❑ Ei alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion: Plaza Boulevard will be widened in the near term (Plaza Boulevard Widening Project) to six lanes, including a median. Design features incorporated into the project will prohibit outbound left turns at the project driveway, as well as prohibit inbound left turns after Plaza Boulevard is widened; therefore there would be a less than significant impact. Based on comments from the City's Transportation Engineer, the project would not generate a potentially significant impact at the project driveway during the PM peak period under both existing project and near -term project conditions with these design features in place. The site has sufficient access to streets and highways that are adequate in width and. pavement type to carry the volume and type of traffic generated by the proposed use, since East Plaza. Boulevard, an Arterial Street, has adequate capacity to handle the 432 average daily trips that would potentially be generated by the proposed use. The Traffic Impact Report submitted with the project applications states that no increase in Level of Service (LOS) is expected as a result of the project. The existing and proposed LOS for Plaza Blvd. with the project is D (West of Palm Ave.) and F (East of Palm Ave.). Additionally, there is a proposed Bus Rapid Transit route that is anticipated within 5 to 10 years that will likely reduce dependence on personal vehicle use for commuting purposes; therefore there is no impact. (Sources: 1, 2, 4, 11, 12) XVI. UTILITIES & SERVICE SYSTEMS Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Exceed wastewater treatment requirements of the applicable 0 ❑ ❑ Regional Water Quality Control Board? 0 ❑ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage 0 ❑ ❑ 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 0 ❑ ❑Ei existing entitlements and resources, or are new or expanded Initial Study - Page 15 of 17 g) ISSUES with Supporting Documentation & Sources entitlements needed? Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio n e) Result in a determination by the wastewater treatment provider ❑ ❑ ❑ El 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? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? Discussion: The proposed project would be designed and constructed using 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 is located within an urbanized area and served by existing water facilities. There are two existing domestic water services and an existing fire service on the site; however, project conditions would include cooperation with Sweetwater Authority, the service provider, to ensure sufficient systems continue to be made available on -site. Also, all necessary improvements will be included with the project approval and construction will be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations; therefore, there would not be a significant adverse impact. The proposed project site would be served by EDCO, the Local waste collection and recycle company. EDCO has a contract with the City to handle City residents' waste disposal and recycling needs. According to EDCO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar Landfills, with an additional 12, 35 and 8 years of capacity remaining respectively; therefore, there is a Tess than significant impact. There are two other landfill sites in San Diego County — the Ramona landfill, which is full, and Borrego Springs landfill, which has an additional 12 years capacity remaining. In addition, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: 1, 2, 11, 17) 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 ❑ ❑ ❑ El 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, but ❑ ❑ ❑ Ei 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 ❑ ❑ ❑ substantial adverse effects on human beings, either directly or indirectly? Discussion: No significant impacts to the environment as a result of this project have been identified. Approval of the Initial Study - Page 16 of 17 ISSUES with Supporting Documentation & Sources Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Impact Mitigation Incorporatio 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. (9- Initial Study - Page 17 of 17 REFERENCE SOURCES: Reference It Document Title 1 National City General Plan City of National City Municipal Code 3 City of National City Design Guidelines 4 Palm Plaza Apartment Homes Project Plans (2008-46 S, PD, IS) 5 US Fish and Wildlife Wetland Mapper System 6 FEMA Map Service Center 7 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 8 Air Quality in San Diego County, Air Pollution Control District for San Diego County, 2006 9 Environmental Assessment Form for project 10 County of San Diego Department of Environmental Health website 11 Comments from National City Fire, Building, Public Works & Engineering Departments and Sweetwater Authority 12 1995 National City Transportation Study (SANDAG) 13 California Geologic Survey 14 Department of Toxic Substances Control 15 California Water Plan Update 2005 16 San Diego County Office of Education 17 California Integrated Waste Management Board 18 SanGIS 19 National City 2005-2010 Housing Element 20 San Diego Association of Governments (SANDAG) Available for Review at: National City Planning Dept. 1243 National City Boulevard National City, CA 91950 <L http://wetlandsfws.er.usgs.gov/wtl nds/launch.html www.femagov National City Planning Dept. a a www.sdcounty.ca.gov/deh/ National City Planning Dept. a http://www.consrv.cagov http://www.dtsc.ca.gov http://www.waterplan.water.ca.gov http://www.sdcoe.net http://www.ciwmb.ca.gov/ http://www.sangis.org/ National City Planning Dept. 1243 National City Boulevard National City, CA 91950 www.sandag.org 50 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR THE SOUTHEAST CORNER OF EAST PLAZA BLVD. AND PALM AVENUE. CASE FILE NO.: 2008-46 S, PD, IS APN: 557-410-20 & 26 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, October 5, 2009, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. The condominium complex would consist of three buildings located behind the existing Thrifty gas station and would include 145 parking spaces. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., October 5, 2009, who can be contacted at 619-336-4310 or planninq a(�,nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION P PEG AN Principal Planner • PALM PLAZA APARTMENT HOMES NATIONAL CITY - CALIFORNIA THIRD SUBMITTAL SECOND SUBMITTAL INITIAL SUBMITTAL: MAY 24, 2009 JANUARY 12, 2009 OCTOBER 3, 2008 MAR GROUP RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. IVY LANDSCAPE ARCHITECTS NATIONAL CITY PLANNING DEPT EXHIBIT A -Revised CASE FILE NO.: 2008-46 S, PD, IS DATE: 6/4/2009 PROJECT DIRECTORY OWNER: MAR OROVP E. 0mIT., TAROT. 0lPIVR.HCA GtlM m J •'>EEUN 'ESN 7.24-14T PM STY1. 0009fl STVMT FNO9WJV0 339.3.7001.11. CMK, wR 300 .IT. �.bo :4}b.1. CAN Mant0E 11.00RO& AS5004TB MM0FCTS • ILNNB,S, INC .MO I1Ph nK.YAR ]NJ IpV S.• [EI 1 NJIh%3':I 3. 1/MKNE MOERIT IVY 1.9DSCM ARONIRClS •044COOT u4ir 42. pry JAUM 1002.5_,MPM MAR GROUP 5,18 U1@10 DEL M43.9UR* 200 DELMAR,SNIIVRNIA 0094 %mcc ESE-794-M10 PPc 05.7241409 SHEET INDEX MIO.RCIULN. ral OTIONII.I. MAR.. CON re.0. ANT rP ROT r WPNKe NY. Po, UNIT M1aA NI• ANI rvE INA • AI • N'n lCi•. Pal Y../. API LOP • - PlNnuM nP sw•. nu 6.00 .6 sa••sa+wYue 1N0SCAPF M011FCT „300., IAKY+R P1 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA VICINITY MAP SITE MAY 24. 2009 lcRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. NY MIMMt Sfl 00c* MUN.�I •w...anw TS ARCHITECTURAL SITE PLAN 72 RESIDENTIAL UNITS MAR GROUP 919 CAMINODN.MAB, ROTS BA DELEMB. CAU OPNIA 92014 Perm 156994-2620 w4 156724-1409 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA v/ f NORTH DEVELOPMENT SUMMARY T SUMMARY OF REQUEST 2 STREET ADDRESS .pro... (4plax[1 OMO[®[❑W ARAE1R YNx Uwe, .4RN96414 S LEGS DESCRIPTION w ,0,/SP , �44I., m•.. ,•.,,a.•malr•.a.,a..A.4. •.. MT M•tl P¢I.spt soy,. R55*C [N T' CI 1.1.0Ni1,1..o M,•.T O VI. • 01 PWOWS. 11t...lV1A uMMMJ.,fx,. wwwOW.Wa4A OOl OEN. N.RP WUT.• Km a OS C,IYl1 RS. POWWOW. w [,canoe., ri 4rw 4. ACC SSORS PARCEL NUMBERS • u xx«ea rna. a .r.•sa S SITE AREAS M1\MW [SAa(pl 10 .1\ A. PROPERTY ZONE • cc • 4,40 Kn 9. YARD/SETBACK NESRAYRAT MY.k - n It 1.N►0.1.6 *4.50 2. Ps. n o Y.Yyin. MLA,. b M1 Y p R ▪ 74. & RESIDENTIAL BUILDING MIX P r•r1...••.• I L L 0YY) .2N•..b oo• err•. Podirnblirabs Too • INNS( . a.•a• NM.. K • 4af .I.Y•►. 4.444As• NI•ml••••• nK• 44•44. Tan *rim a1 e.[a,p ov,r GO. • J N48T 9. RESIDENTIAL UNIT MIX w. Kn •r.m.,lr. 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SITE LEGEND ©,,ot= M ru=mlru OP MO. •�• .02frr * r•�.m .7.• MAY 14• 2009 ERODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. AS.1 S v ^J..000 0 :0 M4o00 PLAN Al 111 t®Ir4 •I •I.1 a.WV • f FIRST LEVEL VNIT • OTHER LEVELS SIMILAR 2 BEDROOM • 2 BATH UNIT A MAQ 9Q FCDUQ 105At %OW SP. ACCESSORY AREAS 9t). MOW, vAQ 10. 91 SP. MAY 24. 1001 MAR GROUP 915 UMW 0 DEIL YAA, SU/111100 DELP1A14CAIDOINIA 91011 • PS6 94Y011 Pa 014241409 ND nn• PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA ICRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC wuww.v..un Wtw R1.Fsw bu.a Mwa5S• A0.1 a MOW o^000 -/9, BALC. STOR .I„ 0 fat o-a PLAN 131.1 FIRST LEVEL UNIT . OTHER LEVELS SIMILAR 3 BEDROOM - 2 BATH UNIT B1 snc /nw us• 90 /OOTACE i/25/9 IOTM 143 u. ACCESSORY AREAS 59/n Sp mOfAO: e sr. 10000,60 TOT/ tlV. MAY 24, 2009 MAR GROUP 91S COMM DEL YAR,B1R8X0 DELMLAA CC1000NIA 9ID00 PEA 959-f941/03 /90 941/44IW PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. omom mmCM, 00. 201000 la wwnw A0.2 .vr A 1TY S re BALC TOR 9x •I •I flfY u aw to- N PLAN B2.1 3 BEDROOM • 2 BATH UNIT BI 'ma .. wa• s¢ TOOTAGE ,Rau. TOTAL VU SA ACCESSORY AREAS AAa SQ FOOT.. maroencv TMA N V. FIRST LEVEL UNIT • OTHER LEVELS SIMILAR MAY 24, 1009 MAR GROUP 913 GYM DEL MAS. SUITS 200 DELMAtUIUOIMA Tm1. Max 9S6794260) FA U060241909 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA 2. RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC w un Afrwm.uew Mwa UI14011 A0.3 ELEVATOR LEASING LOUNGE 22n 27 FIRST LEVEL PLAN 0,YY II ICI 12 EXERCISE 20r 1' P000000v RPE trzn PARKING STRUCTURE Il PAR(E6 SPACES TEAL !PACE SQ PCOTACE new RMGL0e..4. SEGO. P\am S.., AMA. A4A on sr roam Nox nw. AMA BUILDING TYPE 1 ®ALL UNRS AREWWDICAP ADAPTABLE AND ACCESSIBLE UNITS TOTAL SLOG AREA FIRE RISER TEYDATA ALCOVE ELEC. ACME a1m r.nr OURMRG FLNl N016 Al ALI Marc wears :..0 MWML+w. M.P.4 N Ons111 .NF r rra wiM am, mrw MOW. vms ..swan 1.w10 (.60. YAQ 4W Mn 9(). 0000AQ !]II bl. MCM arox ncu,A+lan Aw ar MUT XGOR BLDG MEA 'ORB SE. MAY 24, 2009 MAR GROUP 915 CAMENOD10.M SATE 200 AMMAR, 92014 E... BSE-79 P¢ ES17A449 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA EE • RODRIGUEZ ASSOCIATES A ARCHITECTS & PLANNERS, INC. �� .Y.1fl0fl Gam WY won 1.1*w A1.1 EXTERIOR ELEVATION 1 KALL VYtn4 BUILDING TYPE I EXTERIOR ELEVATION 2 OAR• E nn. rlY ' [M1. M.R BUILDING TYPE 1 TYPICAL DRERIOR FINISHES K▪ 1n uw f+1Kic1 POOR. P.LM HM IIWIO YiOM. Knn CAY. /plµ!CC,..nu nsl• I i'C1N RpF WM.* • •AMA}: SAT. FINS. RR AMN.G0.Ll. Y'tl!. ▪ vve At, *oat H 4.V N61R OKP. n elllD PS. AGA, G.40a YaX. Mtg. 1700.1. 0.▪ YilG.lrvf .1.1. Y1Kll1 MLLiM. vu•i!O Ro+vc l cot,. XMB�E EXTERIOR COLORS - i[1Mw CO11n/4Ai.1Pl TPM /!.l1Ml[T.M!!. • ttt,b1P10R Sluta c0.oP ..1441.0.1n [MM TO. ... �1 1H ..11.. !„.. , AHEM COLOR Alft ia' • YAM Malt v MAY 24. 1009 MAR GROUP 915 C11e70 DEL WIA!UI S�0 OHLe1AP,C UPOII 1A 920I4 R ea7s4 a 72,,.l PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA RODRIGUEZ ASSOCIATES A ARCHITECTS & PLANNERS, INC. .. OM.aul.a... as. - Satan rWaM.. A1.6 EXTERIOR ELEVATION 3 BUILDING TYPE I 01,, lili „i H1111!I91 ii77,i .. lillllllll EXTERIOR ELEVATION 4 BUILDING TYPE I TYPICAL IXTERIOR FINISHES ..+Poi CO•<R[.[ nIROOF *' [OCR. snerwLo.r.u. .E<µ CLAD *O R.. ttKi rep, FRAHM F0IX1G ▪ Www MAKO YGvu Y0.1, �. a Kt, e..reRS .mm .m Rea... POGO TM L.. Seto. AnRD RR AKN "NOR BrolO. Ao MACA K.V. L.▪ CORM,4 RV, MOOR PAU, Pm .E. PER MCM VAO[ WOE EXTERIOR COLORS rzwA ro...[r.+mnx mow COLORRAW Mb[, ROMP YO:.. C0.RP RS. Wert con.f wr.LTme ORA. vmv. W. • • %.R RA<Y<A.[ R MAY 24, 2009 MAR GROUP 915 CA10NO meta. SUR%010 DOLMAS CALIFORNIA 91014 91me 15&.fl4-2603 Pa 11587241109 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA NATIONAL CITY CALIFORNIA ... e[ ., P,a<.., e<...<,.—..,—.......LL ..: %O ....< P<.<P ....Poe « . ,,•..<,. ..L�..o<,e.,.P»..«�<.•....D.L.-..P.,<...>•..�<,<,..„,.,,,<, �.<......RP,...<<...< LRODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC [..[INt•MROO [..oW 4fw 1H,Rtm ....ow. A1.7 . '' —. �, TENTATIVE MAP Na 2008-46S PALM PLAZA CONDOMINIUMS • _. \ amalgams m wrlIpy •uatislrl, eRaRv w�u wuYyIrtlywwrrM1Wtlmpp, syy7211114114. `� l\ - � I i I O ,\+ N. i' ... \ •.. \ CP • .Y �/•' i♦� `r •.y`�hl�.• ; :t =� � trIR�IM•-2*esZE ESEPT �NV3•apt4114W 41W �. �lr� ,, *,.VIbIIiRWI mg IL �MCBIIM�CM1ib YIWIYO1IRRrA iWrRP >Out a�u[�. ilwa.ara flr•.y vmaa a{m SA b/It .. Al at(pAr1 1M/M WItRR. i . Y, ` �: SOiWI[ . r. YI®YNAB IRrIM1• I ftlW /,BM -- i FI YIYI.IAC •.. --V h� 1� ,r. GII'• , ` C u:Y• o„ ' µl I� � \/ a, �1 +a, 11 I wnr s ll.r oft awe s rmR dI \t I Y • mv, Ibo �i.. 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N!I Ir 11ErA7pN 00.HFE a M.41 0 PRELIMINARY LANDSCAPE PLAN ILtI.LnlaM6a .m�rm�n1� �eol •nroaoM MAR GROUP 9134:4611,:0081.6161 st-r 11711 IIA1.?In4 CAGFOEVIA 17lII.l Kona 111.714.2 Vol 151.7241461 PALM PLAZA APARTMENT HOMES FILIPINO VILLAGE AREA •• NATIONAL CITY •• CALIFORNIA A A C5 � • 0 0 N N YIM O 8 L) zo UW OPq u w tz.1 zwQQ CMCE.1li.U1Ru] 0 •I O• 1111 0 I�.�M� Maef Mw rIl IYti N�>nc • T'L, " 111.IHnbIYQR 1 4f1IIICW ICINn,11M1.11N Aastrmor awxmars .MAN 1VM41,1 1011% .auMnAXuw 04.011.1 rli IIIW,MaO��p WAG FNONg11aMM 11161 MOM MX AM..Y1M•agy NM�.,I1RpVNIq I01eD1M1. IWOGNNOF%Y]WIIIIWIWNO J1jn.6I.In11LCI.Y110MIa Ml In mIU.J A i.111 EMT MVIM14.Nn AIMANO WJ*!Y WMInH. Em MMNnM .._ [u•w WuyM�wu xeaNlno17 tNMNnt1IMUMMN SLLIOWOR11.54 01 MMM 1MMnIw1Ax M11MMV.NMM I .XCLNn'N N1YMtIU MY IW W b MrIM.R 19r/VIIwMN MOb 1112K NVllRIISAYW101NMNINKI/01 MNRWMG110021IICIMYMIYM]IMLssj PM/MIMIC .11' .1.1.M11A Np1A1gMNYNMIILX IMIMIM.YIMIY..L`IywMwol wlb.bNV4w FILWILM. NM1M41OWMn.N.MIC1. 1111101.11.110410.1.1111.1114.1.1.1101(.1..1. a1tMIUMSCJW IN•!•�� LMIYAl1.NYM519YYCWf,[UW]NY. MAY 16 IVY I.0 INI.I. DIEM anal. /..H na. 4JM ...tab N MY M.X4Y AM Mt TMM11 Y M011 1 NNYI.MN A.K.1119111 W 16104MIt I.C. M. Man bwM •H IIIMYM N 1.0.9411d. 1.I . 1tt uq.11af .•I •u.,u0t wG Initial Study - Page 3 of 17 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Icad agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3) (D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies 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. THRIFTY OIL CO. October 5, 2009 Members of the National City Planning Commission and Martin Reeder, Planner National City Planning Dept. 1243 National City Blvd. National City, CA 91950 Re: Project 2008-46 IS 72 unit proposed Condo/Apt project, SEQ Plaza Blvd. at Palm Ave., National City APN 557-410-20 & 26 Dear Members of the Planning Commission and Mr. Reeder: Hand Delivered Oct 5, 2009 Thrifty Oil Co. owns the property contiguous to the north side of the proposed 72 unit condominium project and Tentative Subdivision Map at Palm Avenue and Plaza Boulevard. We have reviewed the staff report for the project and the CEQA filing that finds that an EIR is not required for the report due to minimal impacts on the area. We wish to go on record with some serious reservations about the project and the CEQA report. Our issues include, but are not limited to the following: 1. There is no discussion in the staff report or in the CEQA report on the how the Community Development Commission and Palm Plaza Associates LLC are working together. The project is being studied as 'one' development so either there is some type of joint venture arrangement or there is some other type of arrangement as the project does not function as separate developments on each parcel. Since a City entity is involved, that arrangement, whether finalized or not, should be fully disclosed now so all adjacent owners are given an opportunity to consider how they might wish to participate in this redevelopment project. 2. While some aspects of the CEQA report clearly exhibit no need for an EIR, the grading of the significant slope, access, and drainage seem to be of more concern and warrant additional study. Perhaps a `targeted EIR' is in order on those points? 3. Two variances are requested, one for setback to the adjacent property and one for parking. The setback to the adjacent property is directly related to our parcel. The staff report points out that the variance, diminishing the setback from the required twenty (20) feet to thirteen (13) feet, isacceptable because, among other items, the proposed condominiums (apartments?) are `still" eighty (80) feet from the existing gasoline dispensers. This argument presupposes that the dispensers and buildings on our property will remain static. We point out that a widening project for Plaza Blvd. will encroach significantly onto our corner. We would like assurances that any remodeling we elect to accomplish will be granted any variances we might need and that no negative findings will be made if all or any part of a remodeled facility moves closer to the proposed condominiums/apartments. 13116 Imperial Highway, Santa Fe Springs, CA 90670. (562)921-3581 Ya 4. The parking variance, while noted that it is `only' 7% of the mandated parking, it is a total of 11 parking spaces. In the current economy many of our fellow citizens have been required to consolidate housing with multi -generational living arrangements. How will the number of occupants of each dwelling unit be policed within this project? It could become a situation where there are significant parking needs, even beyond the mandated 156 spaces. 5. The project is designed as a gated community. The gate is shown quite close to Plaza Blvd. The proximity of the gate to the street leaves little room for a large vehicle to stop, open the gate, and enter without causing a back-up issue onto Plaza Blvd. Certainly two or three vehicles attempting to enter will stack up into the street. 6. The project has no parking `outside' the gates. We believe this creates a certainty that either our property or the adjacent motel will become a the `guest parking' facility for those who either don't have the code to enter the gates or can't find parking when visiting. With a clubhouse, we would anticipate a number of instances where, even with the required parking, the project would exceed parking capacity. 7. There is not a complete discussion on utility delivery to the site. If, as the project seems to imply, the utilities are taken entirely from the street access of the property owned by CDC with the exception of the one water line coming in off Palm Ave., then perhaps we should have no concerns but the staff report is inadequate to determine how the utilities will be delivered to the various units. 8. Our vacant parcel, it wraps our gas station, was purchased for the construction of a retail establishment. It is zoned for that use. Nothing in the report makes note of how a commercial use on that parcel might alter the findings. Would it? 9. We own not only our station but the entire frontage along Plaza Blvd to the CDC site with an eastern property line that is shared with the CDC property. We did not get any notification that a CDC project was being considered nor, to our knowledge, was there any public request for ideas from developers for a project on/incorporating the CDC parcel. If the CDC parcel was/is for sale, we would expect, as an adjacent owner, to be notified and given a chance to bid. We note that residential development usually does not support the goods and services it requires from the City. Commercial and Office uses are 'tax positive', with sales taxes from commercial projects being the most beneficial to a community in terms of tax revenue. We believe the CDC property might be suitable for a commercial use in combination with other parcels in the vicinity. Was this studied? If so, we were never asked to participate by the CDC. Not only do we own both our parcels "free and clear" (no debt), but we also have substantial experience with redevelopment work and a significant financial capability without involving lenders. We believe the project needs more consideration and involvement from adjacent ownerships prior to any approvals being granted. Sinrerely, . oward W. Burns Director of Real Estate Cc: M. Sassover STEVEN A. MCKINLEY. KAREN G. MCKINLEY ALSO ADMITTED IN NEVADA ASARO, KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CAUFORNIA 9E103 TELEPHONE (019) 297-3A0 • FACSIMILE (6191 299.420E November 3, 2009 City Council for the City -of National City Mayor Ron Morrison Vice Mayor Alejandra Sotelo-Solis Council member Francisco Para Council member Jess Van Deventer Council member Rosalie Zarate City Clerk, City of National City 1243 National City Blvd. National City, California 91950 RETIRED: FRANK L. ASARO OF COUNSEL: ROSCOE 0. KEAGY RICHARD R. FREELAND Re: Meeting Date: November 3, 2009, Agenda Item No. 14 Public Hearing For A Proposed Plan Development, Tentative Subdivision Map And Negative Declaration for 72 Unit Condominium Complex On The Southeast Corner. Of East Plaza Blvd. And Palm Avenue, Case File No. 2008-46 S, PD, IS Re: Planning Commission Resolution No. 23-2009 NOTICE OF APPEAL TO: THE HONORABLE MAYOR OF THE CITY OF NATIONAL CITY, VICE MAYOR, AND MEMBERS OF THE CITY COUNCIL: This office is privileged to represent Thrifty Oil Company in connection with its appeal of Planning Commission Resolution No. 23-2009. YOU ARE HEREBY NOTIFIED that Thrifty Oil Company appeals the Planning Commission Resolution No. 23-2009, including, but not limited to, the approval of the Tentative Subdivision Map, the Adoption of the Negative Declaration, and the Planned Development Permit and any variances or conditional use permits granted or approved in connection therewith, and any and all findings supporting the exception for a less than required sideyard setback, and the exception for less than required parking. Very truly yours, ASARO KE SAM jat teven A M cc: George Eiser, City Attorney, City of N L/g STEVEN A. MCIINLEY. KAREN G. MCKINLEY •AL$O ADMITTED IN.NEVADA ASARO, KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE 1619) 297-3170 FACSIMILE 16191 299-4268 November 3, 2009 City Council for the City of National City Mayor Ron Morrison Vice Mayor Alejandra Sotelo-Solis Council member Francisco Para Council member Jess Van Deventer Council member Rosalie Zarate City Clerk, City of National City 1243 National City Blvd. National City, California 91950 Re: Meeting Date: November 3, 2009, Agenda Item No. 14 RETIRED: FRANK L. ASARO OF COUNSEL: ROSCOE D. KEAGY RICHARD R. FREELAND Public Hearing For A Proposed Plan Development, Tentative Subdivision Map And Negative Declaration for 72 Unit Condominium Complex On The Southeast Corner Of East Plaza Blvd. And Palm Avenue, Case File No. 2008-46 S, PD, IS OBJECTIONS TO PROJECT TO: THE HONORABLE MAYOR OF THE CITY OF NATIONAL CITY, VICE MAYOR, AND MEMBERS OF THE CITY COUNCIL: This office is privileged to represent Thrifty Oil Company in connection with its objections to the above -referenced project, listed as Item No. 14 on the Agenda for the meeting date of November 3, 2009, at 6:00 p.m. INTRODUCTION Thrifty met with a,representative of the project developer, Juan Pablo, on Oct. 30, 2009, and it wasagreed that he would ask that this hearing be continued for 30 days to allow Thrifty to conduct further analysis of the project and possible alternatives. This letter is therefore submitted out of an abundance of caution in the unlikely event the Council does not approve the requested continuance. Thrifty would also like to point out that it submitted comments and objections at the Planning Commission meeting, a copy of which is attached hereto as Ex. C, and incorporated herein as though set forth in full. Thrifty desires most of all to have constructive input and participation in National City's redevelopment plan. There is certainly no intent to obstruct. The only issue for Thrifty is that this project has not been thoroughly considered and prepared, and consequently is not comprehensive. Apparently no consideration was given to including Thrifty in the project, yet the facts and circumstances are such that without such inclusion the result of the project will be less than desireable. The ultimate future and success of National City's Redevelopment Project depends on such consideration being given. OBJECTION FOR FAILURE TO INCLUDE THRIFTY IN PROJECT Our client, Thrifty Oil Company, hereinafter "Thrifty," is the owner of two parcels of property located contiguous to the subject project. One of the parcels owned by Thrifty is at the corner of Plaza Blvd: and Palm Avenue, and is currently operated as a gas station. The other parcel owned by Thrifty is adjacent to the gas station and has extensive frontage on Plaza Blvd., and additional frontage on Palm Avenue, all as shown on the map attached as Exhibit "A." It is immediately apparent from the location of Thrifty's properties in relation to the subject project that said properties are natural candidates for assemblage and inclusion to create a larger and more comprehensive project than that which is before the City Council today. Thrifty started out as an oil company, but transformed itself into a successful real estate enterprise more than a decade ago. It has developed real estate with office buildings, retail centers, and related uses, backed by a net worth exceeding $100 million. In other words, it is the ideal candidate for participation in National City's redevelopment efforts. The Council is no doubt aware that the present project contemplates a sale by the Community Development Commission of one of the subject properties to the co -applicant developer. However, the sale is to be 97% financed by the CDC for two years from the time that the co -applicant obtains final subdivision, a process which itself is likely to take more than 12 months, thereby tying up for at least 3 years almost$2,000,000 in CDC funds which otherwise could be made available for other projects. Our client's development affiliate, Golden Springs Development. Company, was recently. recognized by the California Redevelopment Association with the award of excellence for the Golden SpringsBusinessPark Development in Santa Fe Springs, California. Thrifty can bring the same level of excellence in community development to National City. However, if the current project is approved as presented, a golden opportunity for an integrated, comprehensive redevelopment project, utilizing the financial power and redevelopment expertise of Thrifty, will be forever lost. L/' Our client's vision is for a comprehensive, integrated approach to the entire southeast corner of the Palm Avenue and Plaza Blvd. intersection, with a vibrant mix of residential and retail development promoting pedestrian activities and providing valuable retail resources to new community residents. Our client has a relationship with a retail user which could facilitate this result. One among many of the benefits of such an approach would be further an oft repeated goal of the City to generate retail tax revenue. Unfortunately, Thrifty has not been invited to participate in the planning and development of the subject property, and was not even notified of the current project until shortly before the Planning Commission meeting. It would truly be a travesty if as a result of this oversight the opportunity to enhance National City with a catalytic; comprehensive and integrated redevelopment project is lost. There is no reason redevelopment of this community should proceed in a piecemeal fashion when the opportunity for a comprehensive, integrated approach exists. This is such an opportunity. However, the opportunity will be lost if the project currently before the Council is approved in its current form. This City's adopted redevelopment plan expresses an overriding policy of encouraging participation and cooperation of community businesses in redevelopment projects. National City's redevelopment plan also expressly recognizes the importance of assemblage to remove impediments to development; participation by owners of properties in the project area; and the value of combining parcels and properties when and where necessary and appropriate. Instead of approving a piecemeal project, the Council should encourage CDC to meet with Thrifty to consider its resources and expertise and thereby seize the opportunity for a redevelopment project of far greater significance than what has been proposed. OBJECTIONS TO VARIANCES FOR PARKING AND SETBACKS The proposed project asks for a variance from side yard setbacks from the required twenty (20) feet to a reduced thirteen (13) feet. However, the direct impact and effect of this request is to move the residential units closer to the gas station and the operations associated therewith. It is very difficult to see how siting the residences closer to the gas station operations is in the best interest of the community, or justification for a variance. Indeed, the staff report fails to articulate any rationale that would justify the findings required for a variance under the zoning ordinance, nor have the necessary findings been proposed. Indeed, the findings of the Planning Commission are insufficient to support approval of a variance. The project must be rejected for this reason alone. In addition, the proposed project requires a variance from parking requirements. In particular, the staff report shows that zoning requires 144 garage spaces, and only 73 are proposed. Although some of the 71 missing garage spaces are proposed to be replaced with unenclosed spaces, no justification for this departure from the code requirements is shown. L/ 7 This is a public health and safety issue. Enclosed garage spaces provide security and safety to the residents. Spaces which are not enclosed, but instead open to anyone, jeopardize the health and safety of the residents, and are an invitation not only to criminal activity, but loitering and nuisance activities as well. No justification has been advanced or articulated for exposing residents in this manner. The City should not countenance or approve a change that would endanger the residents and encourage loitering and/or drug related activity in open parking lots. The Planning Commission failed to make findings justifying this variance, nor has the staff report identified either a rationale to justify the necessary findings, or the findings necessary to support the granting of a variance. THE PROPOSED PROJECT AND THE ACTION THEREON IS IN VIOLATION OF CEQA The City cannot approve this project because adequate CEQA analysis has not been conducted. The negative declaration is unsupportable because substantial evidence and a fair argument based thereon exists showing that further CEQA analysis, in the form of an environmental impact report is, required. First of all, there is substantial evidence that the parking will be insufficient. The parking proposed does not comply with code. There will be a significant unmitigated impact on parking. Moreover, by putting the parking outside instead of inside, there are significant but mitigable impacts on visual aesthetics. No one wants to look at a parking lot of cars. Mitigation is as simple as requiring compliance with code by putting the cars in garages. But this mitigation feature has not been adopted or even considered. The evidence further shows that there will be a potentially significant unmitigated impact on traffic. There is no analysis of this impact. Indeed, the City's traffic engineer sent an e-mail stating that a focused traffic study would be required, but none was performed. A copy of the traffic engineer's e-mail is attached hereto as Exhibit "B." This e-mail impeaches the staff report conclusion that no further study is required, and provides substantial evidence that the potential environmental impacts have not been adequately analyzed. There is no support for the conclusion that biological resources will be not be impacted. There is no study, no observations, and no evaluation whatsoever of biological resources on site. Accordingly, the bare conclusion that biological resources will not be impacted is unsupported and an EIR is required. Although the staff report recites that the subject property is not in the floodway, from all appearances it is still in the flood plain, and there has been no analysis of the effects of developing this property in an identified flood plain. An EIR is therefore required. '-/8 The impact of adding these 72 residential units on population and housing has not been analyzed. The staff report contains a bare legal conclusion that there will be no impact, without supporting analysis. However the project clearly will cause population increases, and the effects of these increases have not been analyzed. SUMMARY For all of the foregoing reasons, it is respectfully submitted that the City either continue the hearing or deny the project as presently constituted. Very truly yours, SAM:jat ASARO KEA ' ' D & McKINLE Steven A. McKinl cc: George Eiser, City Attorney, City of Nat Via Fax (619) 336-4327 & U.S. Mail Thrifty Oil Company y9 Subject Parcel Zone laourtd-ay EXHIBIT 337.5 675 IFee 1,350 APN:: o57-411)-20 & 26 Planning Commission October 5, 20.09. Locatian Map. 2008-46 S, PD, IS oA,1-4..a4 Page 1 of 1 Martin Reeder From: Stephen Mangantello Sent: Monday, November 17, 2008 4:07 PM To: Martin Reeder Subiect: RE: TE Comments on Palm Plaza Apartment Homes Martin, A "focused" traffic study is needed to determine AM and PM peak hour operations at the project driveway Plaza Blvd. and at the intersection of Plaza Blvd. / Palm Ave. Thanks. -Steve Stephen Manganiello Traffic Engineer City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 phone: 619-336-4380 fax: 619-336-4397 direct 619336-4382 email: smanganiello@nationalcityca.gov website: www.nationalcityca.gov RECEIVED NOV 172008 National City Planning Division National City, CA 91950 EXHIBIT 11/17/2008 19 ,si THRIFTY CIIL CD. October 5, 2009 Members of the National City Planning Commission and Martin Reeder, Planner National City Planning Dept. 1243 National City Blvd. National City, CA 91950 Re: Project 2008-46 IS 72 unit proposed Condo/Apt project, SEQ Plaza Blvd. at Palm Ave., National City APN 557-410-20 & 26 Dear Members of the Planning Commission and Mr. Reeder: Hand Delivered Oct 5, 2009 Thrifty Oil Co. owns the property contiguous to the north side of the proposed 72 unit condominium project and Tentative Subdivision Map at Palm Avenue and Plaza Boulevard. We have reviewed the staff report for the project and the CEQA filing that finds that an EIR is not required for the report due to minimal impacts on the area. We wish to go on record with some serious reservations about the project and the CEQA report. Our issues include, but are not limited to the following: 1. _There is no discussion in the staff report or in the CEQA report on the how the Community Development Commission and Palm Plaza Associates LLC are working together. The project is being studied as 'one' development so either there is some type of joint venture arrangement or there is some other type of arrangement as the project does not function as separate developments on each parcel. Since a City entity is involved, that arrangement, whether finalized or not, should be fully disclosed now so all adjacent owners are given an opportunity to consider how they might wish to participate in this redevelopment project. 2. While some aspects of the CEQA report clearly exhibit. no need for an EIR, the grading of the significant slope, access, and drainage seem to be of more concern and warrant additional study. Perhaps a `targeted EIR' is in order on those points? 3. Two variances are requested, one for setback to the adjacent property and one for parking. The setback to the adjacent property is directly related to our parcel. The staff report points out that the variance, diminishing the setback from the required twenty (20) feet to thirteen (13) feet, is acceptable because, among other items, the proposed condominiums (apartments?) are `still" eighty (80) feet from the existing gasoline dispensers. This argument presupposes that the dispensers and buildings on our property will remain static. We point out that a widening project for Plaza Blvd. will encroach significantly onto our corner. We would like assurances that any remodeling we elect to accomplish will be granted any variances we might need and that no negative findings will be made if all or any part of a remodeled facility moves closer to the proposed condominiums/apartments. EXHIBIT 13116 Imperial Highway, Santa Fe Springs, CA 90670 • (562)921-3561 sz 4. The parking variance, while noted that it is `only' 7% of the mandated parking, it is a total of 1 I parking spaces. In the current economy many of our fellow citizens have been required to consolidate housing with multi -generational living arrangements. How will the number of occupants of each dwelling unit be policed within this project? It could become a situation where there are significant parking needs, even beyond the mandated 156 spaces. 5. The project is designed as a gated community. The gate is shown quite close to Plaza Blvd. The proximity of the gate to the street leaves little room for a large vehicle to stop, open the gate, and enter without causing a back-up issue onto Plaza Blvd. Certainly two or three vehicles attempting to enter will stack up into the street. 6. The project has no parking `outside' the gates. We believe this creates a certainty that either our property or the adjacent motel will become a the 'guest parking' facility for those who either don't have the code to enter the gates or can't find parking when visiting. With a clubhouse, we would anticipate a number of instances where, even with the required parking, the project would exceed parking capacity. 7. There is not a complete discussion on utility delivery to the site. If, as the project seems to imply, the utilities are taken entirely from the street access of the property owned by CDC with the exception of the one water line coming in off Palm Ave., then perhaps we should have no concerns but the staff report is inadequate to determine how the utilities will be delivered to the various units. 8. Our vacant parcel, it wraps our gas station, was purchased for the construction of a retail establishment. It is zoned for that use. Nothing in the report makes note of how a commercial use on that parcel might alter the findings. Would it? 9. We own not only our station but the entire frontage along Plaza Blvd to the CDC site with an eastern property line that is shared with the CDC property. We did not get any notification that a CDC project was being considered nor, to our knowledge, was there any public request for ideas from developers for a project on/incorporating the CDC parcel. If the CDC parcel was/is for sale, we would expect, as an adjacent owner, to be notified and given a chance to bid. We note that residential development usually does not support the goods and services it requires from the City. Commercial and Office uses are `tax positive', with sales taxes from commercial projects being the most beneficial to a community in terms of tax revenue. We believe the CDC property might be suitable for a commercial use in combination with other parcels in the vicinity. Was this studied? If so, we were never asked to participate by the CDC. Not only do we own both our parcels "free and clear" (no debt), but we also have substantial experience with redevelopment work and a significant financial capability without involving lenders. We believe the project needs more consideration and involvement from adjacent ownerships prior to any approvals being granted. Sincerely, Howard W. Burns Director of Real Estate Cc: M. Sassover MEMORANDUM DATE: November 4, 2009 TO: Mayor and Council Members CC: Mike Dalla, City Clerk George Eiser, City Attorney Redevelopment Division FROM: Patricia Beard, Redevelopment Manager C? SUBJECT: Chronology of Palm Plaza Project; Southeast Corner of Palm Avenue and Plaza Boulevard December 2, 2005: The Acevedo Group entered into a Purchase Contract with Pamali, Inc. for the two parcels commonly referred to as the "Limon" property (adjacent to the CDC site). January 10, 2006: The CDC and the Acevedo Group entered into an Exclusive Negotiation Agreement ("ENA") to assess the feasibility of developing a commercial and residential mixed use project on its own parcels and the CDC -owned parcel located at 1640 E. Plaza Boulevard. February 15, 2006: The Acevedo Group's deed for the acquisition of the "Limon" property was recorded. The Acevedo Group partnered with a local developer, the Mar Group, to prepare plans for the CDC parcel, as well as for the adjacent "Limon" property. As a result of their partnership, on June 20, 2006, the CDC approved an Assignment and Assumption Agreement transferring the Acevedo Group's rights and obligations under the ENA for the CDC parcel to their newly formed Palm Plaza Associates, LLC. The length of time for the ENA was amended four times through 2008 and finally expired on May 18, 2009. June 2006: The CDC directed staff to negotiate a purchase price for the CDC parcel. An appraisal report prepared by Ken Keagy, MAI concluded that the fair market value for the CDC property was $2,135,000 (land value only). July 2006: An offer to sell letter was sent to the developer, who thereafter claimed that the market value of the CDC parcel was less than the appraisal. The developer cited declining market conditions, easements not known to the appraiser at the time of the original appraisal, and disputed analysis of a recent sale of contiguous land. 1243 National City Blvd, National City, California 91950 September 19, 2006: The developer presented their design concept plan to the CDC for consideration. The proposed plan included 53 town home units, two live -work units, a clubhouse, and 116 parking spaces. The CDC directed the developer to revise their plan due to concerns pertaining to lack of commercial space, and access and circulation. December 28, 2006: The CDC appraiser addressed the valuation issues raised by the developer, and conducted additional market research regarding recent land sales and listings. Based on the updated research and analysis, it was the appraiser's conclusion that the market value of the CDC parcel was $1,823,000. April 16, 2007: The CDC received an offer letter from the developer to acquire the CDC parcel at the purchase price of $1,823,000. May 1, 2007: The CDC approved the developer's revised design concept plan. The proposal called for 76 condominium units, 114 residential parking spaces, including 24 guest parking spaces, 5,800-sf of commercial space, and 29 commercial parking spaces. Unique to the new proposal was the developer's partnership with Thrifty Oil, the owner of the service station on the SE corner of Palm Avenue and Plaza Boulevard. Under the new partnership, Thrifty would acquire the commercial component of the project (on property owned by the developer) for a retail use, and promised to upgrade their existing service station. The referenced commercial project has not been submitted to date. The residential project was subsequently revised to the current unit and amenities count. May 21, 2007: The CDC staff sent a letter to the developer informing them that staff intends to support a recommendation to the CDC Board for approval of the purchase price of $1,823,000 for the CDC parcel and the developer attended the City's Land Use and Project Coordination Meeting where they were informed of the all necessary applications to initiate the land use and environmental review process for the proposed project. June 19, 2008: The CDC received a report following expert review of the remediation project being conducted on the adjacent Thrifty Oil property to determine whether a residential project could safely be occupied next to the Thrifty site. On pages 4 and 5 the report states: "...although the detected concentrations of BTEX constituents in soil vapor were relatively low and did not exceed CHHSLs for a residential scenario, the presence of hydrocarbon vapors in soil may trigger future regulatory concern due to the proposed redevelopment plans, and/or result in soil requiring special handling due to hydrocarbon odors noted during excavation. Therefore, to reduce the likelihood of potential project delays during construction or increased costs for handling potentially impacted soil, additional assessment by Thrifty may be warranted to evaluate whether the SVE system being constructed on their property will also address soil vapor impacts in the northern portion of the site." It is recommended that the entire report, available upon request, be reviewed for complete information. October 3, 2008: An initial submittal for land use entitlements for Palm Plaza Apartment Homes was submitted to the National City Planning Department. February 23, 2009: After more than six months of engineering efforts by Palm Plaza Associates, the City received a Letter of Map Revision ("LOMR") from the Federal Emergency Management Agency ("FEMA") the allowed land use entitlements for the project to be processed. 1243 National City Blvd, National City, California 91950 5-O October, 2009: A Summary Report on the proposed property transaction was completed for the CDC by Keyser Marston Associates and a proposed Purchase and Sale Agreement was provided by CDC staff to Palm Plaza Associates for review and signatures. 1243 National City Blvd, National City, California 91950 .56 MEMORANDUM DATE: TO: CC: FROM: SUBJECT: Planning Division November 4, 2009 Mayor and Council Members Mike Della, City Clerk George Eiser, City Attorney Peggy Chapin, Principal Planner r-/ Exceptions to Setbacks and Parking for Palm Plaza Project The proposed project consists of three condominium buildings, comprising 72 units, with 29,066 square feet of common open space and a total of 145 parking spaces, 74 spaces within a garage and 71 open parking spaces. Each of the three buildings would be situated above a ground level parking garage with between 17 and 25 parking spaces. The 72 units will range from 1,000 to 1,142 square -feet, have two or three bedrooms and two bathrooms, and covered patios of between 60 and 100 square feet. Access to the site will be from Plaza Boulevard via a 20-foot driveway to the east of Thrifty gas station. The project includes exceptions from the Land Use Code for required side yard setbacks and parking. Section 18.116.060 allows for alterations and/or exemptions from development standards. The applicant proposes exceptions to the required side yard setback adjacent to an existing gas station and required parking spaces. Justification for these exceptions is as follows: Less than required side yard setback: The office and gas pumps for the existing gas station are located on the north side of the lot, more than eighty feet from the subject property line. The required setback is twenty feet, five feet for each story. However, if a single story building was constructed, a minimum five-foot setback would be required. The applicant is requesting the 7-foot reduction from the twenty feet to thirteen feet to allow for an adequate courtyard between Buildings 2 and 3. No undue impact to residents of the proposed building is anticipated as a result of the reduced setback, due to the existing building being 80 feet from the property line, noise attenuation measures will be incorporated in the design of the proposed multi -family units, and dense landscaping will screen the gas station from the development. 1243 National City Blvd, National City, California 91950 S7 Less than required parking The Land Use Code requires 156 parking spaces, two garage spaces per unit, plus guest parking as required per code for multi -family residential, as noted below. Garage spaces Open spaces Guest Spaces Total Required 144 N/A 12* 156 Proposed 73 58 14 145 *23 guest spaces are required, although half can be located on adjacent City streets The development would have approximately half of the required garage parking spaces. However, two more than the required 12 guest spaces would be provided, as well as 58 open spaces, resulting in 11 fewer spaces than the required number. The exception request would represent a relatively minor 7% reduction in the required parking. It is anticipated that the dependence on vehicle ownership for residents of the development would be less since public transit is available. The project is located along a MTS bus route with service to the 24th Street trolley station. Additionally, retail and other services are within walking distance of less than % mile. Since the unit sizes are less than 1,200 square feet the family size would be single and small families with fewer vehicles. 1243 National City Blvd, National City, California 91950 58 Planning Division MEMORANDUM DATE: November 4, 2009 TO: Mayor and Council Members FROM: Peggy Chapin, Principal Planner SUBJECT: Response to CEQA Comments Appellant, Thrifty Oil Company, has alleged the City has not complied with CEQA because the appropriate analysis has not occurred. Appellant first mentioned the need for some possible further study in a letter dated October 5, 2009. Thereafter, Appellant raised six issues in it's November 3, 2009 letter arguing that an environmental impact report is required. Appellant's six issues are discussed below. Prior to addressing appellant's issues, a brief overview of the environmental process in this matter is warranted. The City prepared a negative declaration for this project because that was the appropriate environmental review as determined by the Initial Study. The Initial Study took into account not only the reference sources listed in the study at page 17, but also the following studies: 1. Geotechnical Investigation, Proposed Mixed -use Development Southeast of the Intersection of Plaza Boulevard and Palm Avenue, National City, CA, prepared by Southland Geotechnical Consultants, July 18, 2008, Prepared for Mar Group Development 2. Hydraulic Analyses for Tentative Map No. 2008-46 S, Palm Plaza Apartment Homes, prepared by Chang Consultants, January 9, 2009 3. Letter of Map Revision Request for a Portion of Paradise Creek, prepared by Chang Consultants, August 28, 2008 4. Hydrology Report, Palm Plaza Apartment Homes, Palm Avenue and Plaza Blvd., National City , CA, prepared by Stuart Engineering, Revised January 8, 2009 1243 National City Blvd, National City, California 91950 _sy 5. Preliminary Drainage Study, Palm Plaza Apartment Homes, Palm Avenue and Plaza Blvd., National City, CA prepared by Stuart Engineering, October 3, 2008 6. Soil Vapor Survey, Assessor's Parcel Numbers (APNs) 552-410-20, 21, and 23, National City, CA prepared by SCS Engineers, July 18, 2006 7. Regulatory Document Review, Assessor's Parcel Numbers 557-410-2 and 21, East Plaza Blvd, National City, CA d prepared by SCS Engineers, April 1, 2008 8. San Diego County Department of Environmental Health File Review and Client - Provided Report Review, Assessor's Parcel Number 552-410-20, 21, and 23 East Plaza Boulevard, National City, CA, prepared by SCS Engineers, May 8, 2006 9. Traffic Impact Analysis, Palm Plaza, City of National City, prepared by Linscott, Law & Greenspan Engineers, January 12, 2009 (erroneously dated 2008, but traffic runs are dated January 2009). The negative declaration provided for a public review period, from September 16, 2009 to October 5, 2009. Appellant submitted a letter dated October 5, 2009, which included one general comment raising the question of whether additional study was warranted for the slope grading, access, and drainage. (Letter dated October 5, 2009, Number 2). Thereafter, Appellant submitted a letter dated November 3, 2009 containing more comments. Importantly, a commenter that believes a project will have a significant environmental effect should identify the specific effect, explain why he believes that effect would occur, and explain why the effect would be significant. 14 Cal. Code Regs. § 15204(b). The basis for the comment should be explained, and the commenter "should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. . . .[A]n effect shall not be considered significant in the absence of substantial evidence." 14 Cal. Code Regs § 15204 (c). The City may reject comments that are not focused, as described. 14 Cal. Code Regs. § 15204(e). A decision -making body, the City Council in this instance, can approve a negative declaration only if it finds on the basis of the initial study and any comments received (during the public review period): 1) there is no substantial evidence that the project will have a significant effect on the environment; and, 2) the negative declaration reflects the independent judgment of the decision -making body. 14 Cal. Code Regs. § 15074(b). The question to ask in contemplating the first finding is: whether there is a fair argument backed by substantial evidence that the project may have a significant effect on the environment, either as proposed or as revised to mitigate potential significant effects. If such findings cannot be made, then the agency must prepare an environmental impact report. 1243 National City Blvd, National City, California 91950 CO October 5, 2009 Letter Appellant delivered a letter dated October 5, 2009 to the Planning Commission and Planning Department regarding the project. Number 2 in the letter stated, in part: "While some aspects of the CEQA report clearly exhibit no need for an EIR, the grading of the significant slope, access, and drainage seem to be of more concern and warrant additional study." The comment regarding the slope, access and drainage did not make any reference to the existing studies. Specifically, a drainage study, geotechnical analysis, and traffic study were all conducted for this project. Appellant has not raised any issue regarding these studies. Appellant's comment seems to have been addressed, possibly without appellant having been aware, as the studies had already been conducted in the areas appellant raised. November 5, 2009 Letter Parking Appellant argues that "there is substantial evidence that the parking will be insufficient. The parking proposed does not comply with code. There will be a significant unmitigated impact on parking." The basis of appellant's argument appears to be that because the parking requirements vary from the code requirement, "a significant unmitigated impact on parking" will occur. There is no additional evidence provided in support of this argument. The Planning Commission approved the exception to the parking requirement, in part based on the proximity of public transportation. In its recommendation for approval, the Planning Commission found that the exception to parking would "not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since an apartment complex of the same number of units would need less parking, and since the reduction is minor (less than 7% of the required amount of parking)." Moreover, as explained by Planning staff, dependence on cars is expected to be less based on the availability of public transportation. The project is located along a bus route which is linked to the 24th Street trolley station, retail services are within walking distance, and the size of the units are designed for single and small families with fewer vehicles. Lastly, the Initial Study referenced the parking issue in Section IX and found no impact based in part on the proximity of public transportation and the proposed Bus Rapid Transit route that is planned for this area. There is no evidence that this exception will somehow create a significant environmental impact. The basis for appellant's comment has not been explained. The appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. 1243 National City Blvd, National City, California 91950 2. Visual Aesthetics Appellant argues that "by putting the parking outside instead of inside, there are significant but mitigable impacts on visual aesthetics. No one wants to look at a parking lot of cars. Mitigation is as simple as requiring compliance with code by putting the cars in garages. But this mitigation feature has not been adopted or even considered." The Initial Study contains the questions regarding aesthetics, to which all were answered as having "No Impact." (See, Initial Study, page 4, Section 1). The questions ask whether the project would: "a) Have a substantial adverse effect on a scenic vista? 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?" The multi -paragraph discussion that follows explains the site is located in an urbanized commercial corridor, that there are no scenic vistas, the properties located to the south and west sit at higher elevations, and that the site contains no scenic resources. Moreover, development of the site would improve the aesthetics of the area by providing landscaping. Appellant has not explained his comment other than to essentially argue people generally do not want to look at cars. Appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. 3. Traffic Appellant argues that no analysis has occurred of the "potentially significant unmitigated impact on traffic." Appellant refers to a staff e-mail indicating a traffic study would be required. Appellant alleges a traffic study was not performed, thus the "e-mail impeaches the staff report conclusion that no further study is required, and provides substantial evidence that the potential environmental impacts have not been adequately analyzed." The staff e-mail was dated November 2008. Thereafter, a traffic study was conducted and a report prepared, dated January 12, 2009. While the face of the report says 2008, it is clear that this was a typographical error, as the traffic counts, runs, etc. are all dated January 2009. (See, Traffic Impact Analysis, Traffic Appendices). Thus, staff asked for a traffic analysis, a traffic analysis was conducted, and the Initial Study thereafter took such study into account. The Initial Study specifically refers to the traffic analysis in its discussion under the Transportation/Traffic section. Thus, appellant's argument is misplaced. As appellant sought a traffic analysis and such analysis was conducted, this issue would appear moot. 4. Biological Resources Appellant argues there "is no support for the conclusion that biological resources will not be impacted. There is no study, no observations, and no evaluation whatsoever. 1243 National City Blvd, National City, California 91950 CZ of biological resources on site. Accordingly, the bare conclusion that biological resources will not be impacted is unsupported and an EIR is required." It should be noted that an environmental impact report is not the default analysis for environmental review. An environmental impact report is appropriate when there is a fair argument backed by substantial evidence that the project may have a significant effect on the environment. Appellant has not presented such argument in this regard. Moreover, such argument ignores the Initial Study section on Biological Resources. The "No Impact" determination is supported by the discussion included in the Initial Study. First, this site was previously developed. Second, the structures were removed. Third, the vacant sites contain minimal non-native vegetation, and no jurisdictional wetlands, sensitive habitat, or sensitive species are located on the property. Fourth, data from the U.S. Fish & Wildlife Service indicate the site contains no jurisdictional wetlands or waters of defined streambeds. Fifth, and lastly, the site is within an urbanized area surrounded by development, and contains no sensitive habitats or biological resources protected by local policies or ordinances. All this information, data, and references were included in the Initial Study. While appellant argues the City does not have support for its conclusion, thus an environmental impact report is required, appellant failed to explain whether there is any evidence to support a contrary conclusion, ie: biological resources will be significantly impacted. Appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. 5. Flood Plain Appellant argues that "from all appearances [the property] is still in the flood plain, and there has been no analysis of the effects of developing this property in an identified flood plain. An EIR is therefore required." The Initial Study addresses this issue in its discussion portion of Section VIII. Hydrology and Water Quality. Specifically, the Initial Study states: "The site was previously located within the boundaries of both the 100-year and 500-year flood zones as designated on the current Flood Insurance Rate Map (FIRM), as well as within a designated Floodway zone in the City. However, as part of the project, the applicant submitted a Letter of Map Revision (LOMR) to the Federal Emergency Management Agency (DHS-FEMA) that revised the extent of the 100-year floodplain (Zone AE) and removed the Floodway (FW) designation across the property.... With the floodplain zone revision and development approval, there would be no conflict with any applicable plan, policy or regulation. Without the floodplain zone revision, no construction would be permitted ..." To the extent appellant sought more detail, appellant could have referred to the Hydrology Report prepared for this project. The LOMR was completed because the floodway was indicated on the FIRM map, however improvements were previously constructed within the floodway. The engineer of work for the applicant processed the LOMR in response to the existing floodway designation in the area to reflect the existing improvements. 1243 National City Blvd, National City, California 91950 63 The basis for appellant's comment has not been explained: The appellant has not submitted any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of appellant's comment. 6. Population and Housing Appellant argues [t]he impact of adding these 72 residential units on population and housing has not been analyzed. The staff report contains a bare legal conclusion that there will be no impact, without supporting analysis. However, the project clearly will cause population increases, and the effects of these increases have not been analyzed." The Initial Study, Section XII. Population & Housing addresses the issue raised by appellant. The discussion portion explains that the density of the project is consistent with the density already allowed by the zone, thus there is no significant increase to population. The minor increase is not considered substantial. Inherent within the already allowed density of the zone was the underlying environmental analysis that accompanied the zoning designation originally. Thus, the population issue was already considered and analyzed. Conclusion The Initial Study discussed all the issues raised by appellant. Additionally, studies were performed on many of the issues. These were not referenced by appellant in his comments. Appellant has the burden of supporting his comments. Appellant did not provide explanations for his comments. Appellant did not provide any data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of any of his comments. Staff has responded to the arguments put forth by appellant. The City Council is the decision -making body regarding the Negative Declaration. The City Council can approve the Negative Declaration only if, based on in its independent judgment, the Council finds there is no substantial evidence that the project will have a significant effect on the environment. Staffs work, which includes the Initial Study, Technical Reports, and Reference Sources, has not uncovered any evidence of a significant effect on the environment resulting from the project. STEVEN A. MCKINLEY. KAREN G. MCKINLEY 'ALSO ADMITTED IN NEVADA ASARO, KEAGY, FREELAND & ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE(619) 297-3170 FACSIMILE (6191 299.4268 November 9, 2009 City Council for the City of National City Mayor Ron Morrison Vice Mayor Alejandra S.otelo-Solis Council member Francisco Para Council memberless Van Deventer Council. member Rosalie Zarate City Clerk, City of National City 1243 National City Blvd. National. City, California 91950 n1ry ATTORNFY McKINLEY n RETIRED: 09 NOV 10 V ` PH 1: 12 y� FRANK L. ASARO OF COUNSEL_ ROSCOE D..KEAGY f,L'vt lvI a RICHARD R. FREELAND C11 v OF NATIONAL CITY Re: November 17, 2009 Public Hearing For The Planned Development Permit; Tentative Subdivision Map And Negative Declaration for 72 Unit Condominium Project On The Southeast Comer Of East Plaza Blvd: And Palm Avenue, Case File No. 2008-46 S, PD, IS TO: THE HONORABLE MAYOR OF THE CITY OF NATIONAL CITY, VICE MAYOR, AND MEMBERS OF THE CITY COUNCIL: The November 17, 2009, hearing on the Tentative Subdivision Map, Planned Development Permit, and Negative Declaration should be continued, and request is made for such continuance for at least two weeks from the presently scheduled hearing. The project applicant, Palm` Plaza Properties, LLC, previously stipulated with objecting party to a thirty (30) day extension. Thestipulation for the extension is revealed in the a e-mail from Mr. Mariscal, a copy of which is attached hereto. Accordingly, even though at the last hearing of November 3, 2009, Mr. Mariscal, in his comments to the Council, declined to agree to a thirty (30) day extension, he had previously promised in writing to ask for such an extension. Under these circumstances, it is inequitable for Mr. Mariscal to insist on a hearing on the issue any sooner than December 3, 2009, which is thirty (30) days after the date of the original hearing of November 3, 2009. SAM:ja cc: Respectf ASA r-- Steven A. Mc George Eiser, City Attorney, City of Nati Thrifty Oil Company. & McKINLEY /Fax (619) 336-4327 C _S Steve A. McKinley From: Moshe Sassover [sassover@ThriftyOil.com] Sent: Monday, November 02, 2009 11:50 AM To: - 'sam@akfm.com' Subject: FW: Palm Plaza Original Message From: Moshe Sassover Sent: Friday, October 30, 2009 5:17 PM To: 'sam@akfm.com'; Howard Burns Subject: Fw: Palm Plaza. FYI Original Message From: Moshe Sassover To: 'jpCmargroup.com.' cjp@Margroup.com> Sent: Fri Oct 30 17:16:29 2009 Subject: Re: Palm Plaza Dear JP: Thanks for your email. I just to clarify that I did not threaten legal action. We discussed a number of. different strategies and asked you for the consideration of a 30 days delay so we could have a full, fair and open process. I again thank you for your agreement to ask for the 30 days delay on Monday when the City re -opens. Regards, Moshe Original Message From: Juan -Pablo Mariscal cjpcmargroup.com> To: Moshe Sassover Cc: Howard Burns Sent: Fri Oct 30 16:51:22 2009 Subject:. Palm Plaza Dear Moshe, According to your request and threat of a possible legal action against the City and as a good - faith effort to cooperate with you in solving any -concern that Thrifty Oil. might have on our project I will suggest to the City to extend the Council meeting for 30 days. Best Regards, Juan -Pablo Mariscal President 915 Camino del Mar Suite 200 Del Mar, Ca 92014 858.794.2600 office 858.724.1409 fax 858.414.2600 cell 2 • OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 3, 2009, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: A TENTATIVE SUBDIVISION MAP, PLANNED DEVELOPMENT PERMIT AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED NEAR THE SOUTHEAST CORNER OF EAST PLAZA BOULEVARD AND PALM AVENUE. Case File No. 2008-46 S, PD, IS Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. The Planning Commission took action to recommend approval of this project at their meeting of October 5, 2009. DATED: October 14, 2009 Michael R. t9alla, CMC City Clerk 68 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2009 AGENDA ITEM NO. 12 .TEM TITLE: Resolution amending City Council Policy #804 in regards to City Support for Special Events PREPARED BY: Brenda Hodges DEPARTMENT Community Services (619) 336-4413 EXPLANATION: A Council subcommittee performed a periodic review of Council Policy 804 regarding City Support for Special Events. The subcommittee recommends the following changes to the policy: • Item 2-f on Page 2, adding City support in the form of the City stage, PA system, and/or trailer. • Item 2 on Page 3, adding the caveat that all City co -sponsored events must be held wholly within City limits and space will provided for an informational booth or Info trailer at the City's discretion. • Item 6 on Page 4, prohibiting the use of El Toyon Park for special events. • The inclusion of Granger Jr. High Cultural Fair and Christmas in July Clean-ups to the list of City co -sponsored events on Page 5. • The inclusion of Movies in the Park, National City's Got Talent, the State of the City Address, Tower of Terror, and Tree Lighting at Morgan Square to the list of City sponsored events on Page 6. Environmental Review N/A Financial Statement Revisions would result in support to additional City co-sponsored/sponsored special events of up to $1,500 per day. Additionally, the City would absorb an undetermined amount in police costs for said events. STAFF RECOMMENDATION Approve the resolution amending City Council Policy #804 in regards to City Support for Special Events. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Resolution No. 1. Proposed City Council Policy #804 2. Resolution RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NUMBER 804 PERTAINING TO THE CITY'S POLICY REGARDING CITY SUPPORT FOR SPECIAL EVENTS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 804, entitled "Policy Regarding City Support for Special Events," is amended as recommended by the Council subcommittee pursuant to the results of its periodic review. PASSED and ADOPTED this 17th day of November, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: November 3, 2009 Page 1 of 6 BACKGROUND: The City Council is concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgeted and is provided through reductions in the level of service for budgeted programs. The Council also recognizes that special events are a major part of that special lifestyle that defines National City's history and makes our city unique. DEFINITONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades. b. Public concerts. and .other community cultural events. c. Demonstrations. d. Circuses. e. Fairs and festivals. f. Community or neighborhood block parties and street dances. g. Mass participation sports (marathons, bicycles races and tours). h. Film making activities. i. Public speaker events. 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: November 3, 2009 Page 2 of 6 City support includes but is not limited to: a. Special Event permit processing. b. Police services. c. Sanitation and cleanup. d. Maintaining access for emergency vehicles and provision of medical care. e. Street closures. f. Use of City Stage, PA equipment and/or Information Trailer City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501c3) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or assigned representative. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: November 3, 2009 Page 3 of 6 POLICY: 1. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager upon City Council notification, may provide reasonable City support of up to $1,500 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co -sponsored annual events. Additionally, the City shall absorb police costs associated with said events. The City Manager shall notify the City Council of upcoming events on a monthly basis. As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up the Information Trailer and/or information booth, per the City Council's discretion. 3. It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community - wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a monthly basis. 4. Itis the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. Such revenues will be deposited into the City's General Fund. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: November 3, 2009 Page 4of6 Proceeds from a special event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in loss of deposit and may jeopardize future use of City facilities. 5. It is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. 6. The use of El Toyon Park for special events is prohibited. RELATED POLICY REFERENCES: City Council Policy # 704 Limitation on City Approved Special Events Within the City City Council Policy # 801 — Field and Facility Rules and Regulations• City Council Policy # 802 - Use of the City Mobile Stage and Equipment CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: November 3, 2009 Page 5 of 6 Attachment A NATIONAL CITY CO -SPONSORED EVENTS Event Title Non -Profit. Organizer Chamber Installation Dinner N.C. Chamber of Commerce February Cinco de Mayo Fair S.D. Tijuana Border Initiative May Granger Jr. High Cultural. Fair Granger Jr. High Spring Sweetwater High Graduation Sweetwater High Spring Filipino Parade and Fair Council of Philippine American June Organizations (COPAO) Miss National City Pageant July National City Host Lions Club July N.C. Chamber of Commerce N.C. Chamber of Commerce American Cancer Society N.C. Chamber of Commerce Miss National City Pageant July 4th Carnival Taste of National City Auto Heritage Days Relay for Life Salute to Navy Sweetwater High HomecomingSweetwater High Community Concert Band N.C. Community Concert Band Series (up to 4 concerts Annually/ per event) Christmas in July Clean -Ups Christmas in July Various May August August October Fall Quarterly CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: November 3, 2009 Page6of6 ATTACHMENT B NATIONAL CITY SPONSORED EVENTS Event Title City Department Chili & Salsa Cook -off Library Spring Memorial Day Event. Community Services May Movies in the Park Community Services Summer Parade Community Services July National Night Out Against Crime Police, Community August Services, FFA Pepper Park Summer Concert Community Services September National City's Got Talent Library Fall State of the City Mayor's Office Fall Public Safety Fair Police, Fire, Community October Services Tower of Terror Community Services, Fire........October Veteran's Day Memorial Community Services November Tree Lighting @ Morgan Square Community Services December CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: Nov 17, 2009 AGENDA ITEM NO. 13 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $122,504.43 to the City of National City for the period of 10/14/09 through 10/20/09 PREPARED BY: Jeanette Ladrido DEPARTMENT Finance Finance Directo EXPLANATION: (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 $122,504.43 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A „ITACHMENTS (Listed Below) Warrants for the period the period of 10/14/09 through 10/20/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #16 10/20/2009 DEVELOPMENT COMMISSION PAYEE DESCRIPTION CHK NO DATE AMOUNT BEARD REIMB- EPA BROWNFIELD CONFERENCE 229685 10/20/09 484.90 BLUEINK.COM LLC LIBRARY REMODEL PROJECT 229686 10/20/09 13,000-00 CALIFORNIA REDEVELOPMENT ASSO LEGAL DEFENSE FUND 229687 10/20/09 870.00 DAVID REED LANDSCAPE ARCHITECT PROFESSIONAL SERVICES NC ARTS CTR 229688 10/20/09 8,280.10 EQUIFAX INFORMATION SVCS CREDIT BACKGROUND CHECK FOR S8 229689 10/20/09 50.00 FEDEX EXPRESS MAIL COURIER SERVICES 229690 10/20/09 108.86 GE CAPITAL INSTALLMENT FOR COPIER RENTAL 229691 10/20/09 420.86 H. DAMON BRADEN CONSULTANT FOR WESTSIDE 229692 10/20/09 4,000.00 NBS MILE OF CARS 229693 10/20/09 947.60 PACIFIC BUSINESS CAPITAL CORP EQUIPMENT RENTAL (POWER POLES) 229694 10/20/09 390.00 PRINT SENSE MARINA GATEWAY STREETSCAPE 229695 10/20/09 930.45 PRO BUILD MISC. TOOLS 229696 10/20/09 108.95 RICK ENGINEERING CO MARINA GATEWAY STREETSCAPE 229697 10/20/09 4,470.24 SAN DIEGO CLIPPING SERVICE NEWS READING AND CLIPPING SVC 229698 10/20/09 137.00 VISTA PAINT GLOVES NEOPRENE BLACK 229699 10/20/09 62.56 CITY OF NATIONAL CITY PETTY CASH PPE SEP 30, 2009 229762 10/20/09 72.65 PAYROLL Pay period Start Date End Date Check Date 21 9/22/2009 10/5/2009 10/14/2009 A/P Total $ 34,334.17 88,170.26 GRAND TOTAL $ 122,504.43 CALIFOR�F�A' NATmN II' MCORPORATEll COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 16 10/20/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 21,175.62 1,087.72 98,241.11 1,999.98 122,504.43 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: Nov 17, 2009 AGENDA ITEM NO. 14 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $44,997.17 to the City of National City for the period of 10/21/09 through 10/27/09 PREPARED BY: Jeanette Ladrido, jJ 'g DEPARTMENT Finance Finance Director EXPLANATION: (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 $44,997.17 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A 'ACHMENTS (ListedB I Warrants for the period the period of 10/21/09 through 10/27/09 ORNLA,-�+ INCORpoRAT>8D COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #17 10/27/2009 PAYEE STAPLES ADVANTAGE BEST BEST & KRIEGER LLP CAROLYN ST. CLAIR CHRISTENSEN & SPATH LLP DESROCHERS ENVIRONMENTAL HEALTH COALITION ' LASER SAVER INC MIG SD ELECTRIC RAILWAY ASSOC SDG&E STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE SWEETWATER AUTHORITY 2TION 8 CTION 8 HAPS PAYMENTS DESCRIPTION OFFICE SUPPLIES COMMUNITY YOUTH ATHLETIC CNTR CONSULTANT AGREEMENT- VISUAL LEGAL SVCS - CASA FAMILIAR RETIREMENT BENEFIT - OCT 2009 HEALTHY HOMES - SEPT 2009 INK CARTRIDGES - S8 LAS PALMAS PARK/VISION CONCEPT M&O AGREEMENT FOR 922 W 23RD ST 921 A AVE 09/17 - 10/16/09 ALARM MONITORING SERVICES OFFICE SUPPLIES - S8 1615 E 4TH ST Start Date End Date 10/21/2009 10/27/2009 CHK NO DATE AMOUNT 229914 10/27/09 3.67 229935 10/27/09 1,717.33 229936 10/27/09 6,809.69 229937 10/27/09 5,282.50 229938 10/27/09 110.00 229939 10/27/09 18, 714.22 229940 10/27/09 253.14 229941 10/27/09 5,533.70 229942 10/27/09 600.00 229943 10/27/09 108.90 229944 10/27/09 228.96 229945 10/27/09 102.82 229946 10/27/09 157.87 A/P Total $ 39,622.80 5,374.37 GRAND TOTAL $ 44,997.17 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 17 10/27/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 5,707.12 34, 007.55 5,282.50 44,997.17 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 17, 2009 AGENDA ITEM NO. 15 ITEM TITLE Resolution of the Community Development Commission of the City of National City approving an agreement with KOA Corporation to provide as -needed civil engineering services with not -to -exceed amount of $75,000 and authorizing the chairman to execute the agreement PREPARED BY Colby Young Project Manager (x4297) EXPLANATION DEPARTMENT (� Redevelopment Community Development Commission of the City of National City (CDC) desires to employ a consultant to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project. Upon direction from the Executive Director, the CDC advertised a Request for Qualifications for civil engineering services. Eighteen proposals were received and reviewed by a staff committee. The CDC has determined that KOA Corporation is a registered civil engineering firm and is qualified by experience and ability to perform as -needed civil engineering services. Staff recommends retaining KOA Corporation for a period of two years to perform civil engineering services for CDC with a not -to -exceed amount of $75,000. Environmental Review ' N/A Financial Statement Agreement nas not -to -exceed amount of $75,000. Charges will be applied to accounts on a project by project basis. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $75,000 WITH KOA CORPORATION TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, CDC desires to employ a consultant to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project; and WHEREAS, CDC has determined that KOA Corporation is a registered civil engineering firm and is qualified by experience and ability to perform as -needed civil engineering services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with KOA Corporation in the not -to -exceed amount of $75,000 to provide as -needed civil engineering services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of November, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND KOA CORPORATION THIS AGREEMENT is entered into this 1-i th day of , 200 9, by and between the COM MUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and KOA CORPORATION, a civil engineering firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide civil engineering services. WHEREAS, the CDC has determined that the CONSULTANT is a civil engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herei n. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. 3. PROJECT COORDINATION AND SUPERVISION. Colby Young hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Joe De La Garza thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $75,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONSULTANT shall maintain all books, docum ents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable d iligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONS ULTANT. 6. LENGTH OF AGREEMENT. The term of this Agreement shall commence on date entered, and ter minate on June 30, 201 1, unless sooner terminated as provided for herein. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall, upon payment in full of all monies due to consultant, becom e the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC' s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the C DC's purposes, and the CON SULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the C DC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 City's Standard Agreement — June 2008 revision 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as a gents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not li mited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the profess Tonal reputation and competence of the CONS ULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONS ULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CON SULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. T he CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation 3 City's Standard Agreement —June 2008 revision proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT shall use reasonable professional efforts to identify any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT agrees that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR/ CONSULTANT [CHOOSE ONE] will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and sel ection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disci ose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessar y to perform the services to be provided herein. The foregoing obligation of this S ection 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possess ion of the CONSULTANT without any obligation of confidentiality; (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party; or (v) is required by law or if disclosure is necessary for consultant to defend itself from legal action or claim. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, foss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation 4 City's Standard Agreement — June 2008 revision claims, of or by anyone whomsoever, to the extent resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shal indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 pe r occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shal I be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. E. The aforesaid policies, except professional liability and workers' compensation, shall constitute pr imary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation and ten (10) days prior written notice for non-payment of premium. CONSULTANT shall provide a thirty (30) days written notice to Client prior to implementation of a reduction of limits or material change of insurance coverages as specified herein. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement (except professional liability). Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial si ze category rating of not less than A VIII 5 Cily's Standard Agreement —June 2008 revision according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been com plied with, are filed with and approved by the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurancepolicies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $25,000 must be disclosed to and approved by the CDC. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. Consultant may terminate this Agreement upon giving the Client sixty (60) calendar days prior written notice for any of the fol lowing: (1) breach by the Client of any material term of this Agreement, including but not lim ited to Payment Terms (2) transfer of ownership of the project by the Client to any other persons or entities not a party to this Agreement without the prior written agreement of the Consultant (3) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties here to reach accord on the fees and charges for any Additional Services required because of such changes. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a 6 City Standard Agreement — June 2008 revision reorganization of the CONS ULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, m aiibox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facs imile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 Joe De La Garza KOA Corporation 5095 Murphy Canyon Road, Suite 330 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. 7 City's Standard Agreement — June 2008 revision ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p. m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall bedeemed an original, but all of w hich, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto ar e hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parti es hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent ag reement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that ( i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are 8 City's Standard Agreement — June 200a revision to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney KOA Corporation (Corporation - signatures of Iwo corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: /kW.IcLQ 'ro2t`-tPr (Print) (Title) (Print) C i e t% Up f -ti (Title) Owe Scl «J,.-i City's Standard Agreement — June 2008 revision EXHIBIT "A" - City of National City Redevelopment Division On -Call Civil Engineering Scope of Work • Provide civil engineering design services for capital improvements projects including preparation of improvement design plans, bid documents and contract specifications; • Assist in the scheduling and coordination of the bidding process for construction projects; • Prepare legal descriptions, parcel maps, site plans and/or other drawings as necessary; • Prepare ALTA surveys, records of survey, topographic survey, monument replacement, corner records, map checking, court exhibit survey; • Provide Aerial photography through sub -contractor services; • Provide specialized traffic engineering and transportation planning services; • Hydrology and Hydraulics studies; • Sewer and Storm Drain improvement design; • Geotechnical engineering; • Traffic signal design; • Minor municipal structural design; • Provide cost estimates; • Provide potholing subcontractor for existing utility location; • Provide dry and wet utility consulting and/or coordination services; • Provide record maps and prepare as -built drawings as may be required and process them as necessary to finalize approvals and for record keeping purposes; • Provide landscape and irrigation design through sub -contractor services; • Provide GIS services; • Provide lighting and electrical services; • Provide general drafting services; • Attendance and presentations at community meetings, City Council, and with City staff ITEM #16 11 /17/09 Closed Session Report (City Attorney) ITEM #17 11/17/09 Discussion of forming an Ad -Hoc Committee Regarding Tobacco Use Restriction at Multi -Family Residences (Mayor Morrison and Councilman Parra) S\ Sty I