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Agenda Packet Document cc12-1-15
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 4,- CALIFORNIA - NATIONAL City `NCo$poRATBD RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, DECEMBER 1, 2015 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent 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 CC/CDC-HA Agenda 12/1/2015 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 12/ 1 /2015 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS 1. Introduction of new employee: Gregory Rose, Property Agent. (Housing, Grants & Asset Management) PRESENTATIONS 2. 2016 Storm Water Calendar Presentation. (Engineering/Public Works) 3. National City Host Lions Club OneSight San Diego Clinic Volunteer Certification Presentation. (Circulate San Diego) 4. Free Resource and Energy Business Evaluation (FREBE) Program Update. South Bay Energy Action Collaborative (SoBEAC) / City of Chula Vista. **Companion Item #16 and #17** INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 5. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of November 17, 2015. (City Clerk) 7 Resolution of the City Council of the City of National City ratifying the acceptance of a $27,267 augmentation to the California Library Literacy Services (CLLS) Grant, Fiscal Year 2015-16, for the National City Library's Literacy Program, increasing the total amount of the grant from $18,000 to CC/CDC-HA Agenda 12/ 1 /2015 - Page 4 $45,267, and authorizing the establishment of fund appropriations and a corresponding revenue budget. (Library) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Koff & Associates in an amount not exceed $78,890 for the completion of a comprehensive compensation study and analysis of the Citys Confidential, Executive, Management, Municipal Employees Association and Part -Time employee groups. (Human Resources) 9. Resolution of the City Council of the City of National City: 1) accepting the work of PAL General Engineering, Inc. for the Community Corridors Improvement Project, CIP No. 12-05, 2) approving the final contract amount of $2,858,027.18, 3) ratifying the release of retention in the amount of $142,901.42, and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the installation of "KEEP CLEAR" pavement markings on the westbound travel lanes of W. 19th Street in front of the ingress and egress driveways servicing 1001 W. 19th Street. (Costco Optical Laboratory and Distribution Center) (TSC No. 2015-18) (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the conversion and installation of 30 feet of unrestricted curbside parking to "yellow curb", Commercial Loading in front of 1010 W. 19th Street. (Q.E.D. Systems, Inc.) (TSC No. 2015-19) (Engineering/Public Works) 12. Resolution of the City Council of the City of National City approving the parcel map and accepting an easement for emergency vehicle access for ingress and egress, along and across all that real property situated at 240 Norton Avenue in the City of National City. (Engineering/Public Works) 13. Warrant Register #16 for the period of 10/14/15 through 10/20/15 in the amount of $1,475,182.65. (Finance) 14. Warrant Register #17 for the period of 10/21/15 through 10/27/15 in the amount of $2,502,135.51. (Finance) PUBLIC HEARINGS 15. Public Hearing Conditional Use Permit for beer sales at Chipotle Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) (Planning) ORDINANCES FOR INTRODUCTION CC/CDC-HA Agenda 12/ 1 /2015 — Page 5 16. An Ordinance of the City Council of the City of National City amending Chapter 6.04 of the National City Municipal Code by amending Section 6.04.210 to extend the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) **Companion Items #4 and #17** ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) **Companion Items #4 and #16** 18. Resolution of the City Council of the City of National City approving a Conditional Use Permit for beer sales at Chipotle Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) (Planning) NEW BUSINESS 19. Request to use Martin Luther King Jr. Community Center (North & South Rooms) by National City College Campus Lions Club for their 8th annual Spirit of the Holidays toy and food giveaway to needy families of National City, on Saturday, December 19, 2015. Applicant anticipates approximately 300-450 families/children will be attending this year's event. The applicant is requesting a waiver of fees. (Engineering/Public Works) 20. Notice of Decision Planning Commission approval of a Conditional Use Permit for alcohol sales at a proposed Hooters Restaurant to be located in Westfield Plaza Bonita. (Applicant: Alcoholic Beverage Consulting on behalf of Hooters Restaurant) (Case File 2015-19 CUP) (Planning) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a drive -through aisle as part of a new commercial building to be located at 1325 E. Plaza Blvd. (Applicant: Russell Stout & Associates.) (Case File 2015-22 CUP) (Planning) 22. Temporary Use Permit - Community Ice Skating Rink sponsored by the National City Chamber of Commerce at Morgan Square from December 10, 2015 to December 11, 2015 with no waiver of fees. (Neighborhood Services) 23. Temporary Use Permit - 6th Annual Mabuhay Festival at Kimball Park on June 11, 2016 from 10 a.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) CC/CDC-HA Agenda 12/ 1 /2015 - Page 6 24. Presentation of AB 243, discussion of the recent state adopted legislation providing for state regulation of the cultivation of marijuana (AB 243) unless there is a local ordinance prohibiting or regulating cultivation in effect prior to March 1, 2016, whether the City Council as a policy decision seeks to prohibit or regulate the cultivation, and seeking direction to staff regarding a potential cultivation ordinance (regulation or prohibition). (Planning/City Attorney) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS 25. Recognition of Fiscal Year 2016 Adopted Budget Cover Photo Contest Winner: Dora Gallegos. (Finance) 26. Update on Improvements to National City Library, Council Chambers, and Large Conference Room. (Engineering/Public Works) 27. Update on interim skate park location at Las Palmas Park. (Community Services) 28. 2015 Holiday Closure and Employee Work Furlough. (Human Resources) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - December 15, 2015 - 6:00 p.m. - Council Chambers - National City, California City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period of January 5, 2016 through January 19, 2016: CC/CDC-HA Agenda 12/1/2015 — Page 7 January 5, 2015 - Dispense with Meeting January 19, 2016 - Regular Meeting CC/CDC-HA Agenda 12/1/2015 — Page 8 The following page(s) contain the backup material for Agenda Item: Introduction of new employee: Gregory Rose, Property Agent. (Housing, Grants & Asset Management) ITEM # 12-01-15 INTRODUCTION OF NEW EMPLOYEE: GREGORY ROSE, PROPERTY AGENT (HOUSNG, GRANTS AND ASSET MANAGEMENT) CC/CDC-HA Agenda 12/1/2015 — Page 10 The following page(s) contain the backup material for Agenda Item: 2016 Storm Water Calendar Presentation. (Engineering/Public Works) Item 12/1/15 2016 STORM WATER CALENDAR PRESENTATION (ENGINEERING/PUBLIC WORKS) CC/CDC-HA Agenda 12/1/2015 — Page 12 The following page(s) contain the backup material for Agenda Item: National City Host Lions Club OneSight San Diego Clinic Volunteer Certification Presentation. (Circulate San Diego) ITEM # 12-1-15 NATIONAL CITY HOST LIONS CLUB ONESIGHT SAN DIEGO CLINIC VOLUNTEER CERTIFICATION PRESENTATION (CIRCULATE SAN DIEGO) CC/CDC-HA Agenda 12/1/2015 — Page 14 The following page(s) contain the backup material for Agenda Item: Free Resource and Energy Business Evaluation (FREBE) Program Update. South Bay Energy Action Collaborative (SoBEAC) / City of Chula Vista. **Companion Item #16 and #17** ITEM # 12-1-15 FREE RESOURCE AND ENERGY BUSINESS EVALUATION (FREBE) PROGRAM UPDATE. SOUTH BAY ENERGY ACTION COLLABORATIVE (SOBEAC) (CITY OF CHULA VISTA) CC/CDC-HA Agenda 12/1/2015 — Page 16 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) ITEM # 12-1-15 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK) CC/CDC-HA Agenda 12/1/2015 — Page 18 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of November 17, 2015. (City Clerk) Item # 12/01/15 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF NOVEMBER 17, 2015. (City Clerk) Book 97 / Page XX 11-17-2015 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY November 17, 2015 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:05 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Mendivil, Morrison, Rios, Sotelo-Solis. Council / Board members absent: Cano. Administrative Officials present: Dalla, Deese, Manganiello, Parra, Raulston, Roberts, Silva, Stevenson, Tellez, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Representative Reah Sahagun. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Luz Molina, National City, introduced herself as a member of the Resident Leadership Academy and explained the purpose of the 10 week program is to encourage active involvement of citizens in the community. Michael Montoya, National City, complemented the State of the City event, said he found it very entertaining and well done and encouraged a round of applause for Mayor Morrison and his secretary Josie Flores Clark. Monica Vallejo, representing Costco in National City, inquired about the status of the traffic control measure requested on 19th Street. AWARDS AND RECOGNITIONS PERSONNEL NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) 1. Introduction of new employee: Diana Ramos, Executive Assistant II. (Human Resources) Book 97 / Page XX 11-17-2015 PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2015 (102-10-10) 2. National School District Update on Measure N — Dr. Chris Oram, Superintendent COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2015 (102-10-10) 3. SDG&E's Electric Vehicle Grid Integration — Kevin O'Beirne, SDG&E Customer Solutions Manager CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item No. 5 (Minutes), Item Nos. 6 and 7 (Resolution No. 2015-166 and 2015-167), Item Nos. 8 through 10 (Warrant Registers). Motion by Mendivil, seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. MUNICIPAL CODE 2015 (506-2-30) 4. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. APPROVAL OF MINUTES 5. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF NOVEMBER 3, 2015. (City Clerk) ACTION: Approved. See above. Book 97 / Page XX 11-17-2015 CONSENT CALENDAR (cont.) CONTRACT (C2011-56) 6. Resolution No. 2015-166. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC., EXTENDING THE AGREEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES TO NOVEMBER 15, 2016. (Finance) ACTION: Adopted. See above. CONTRACT (C2006-63) 7. Resolution No. 2015-167. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOKKEN ENGINEERING, INC. FOR A NOT -TO -EXCEED AMOUNT OF $100,000 TO PROVIDE ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR PLAZA BOULEVARD WIDENING PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 8. Warrant Register #13 for the period of 09/23/15 through 09/29/15 in the amount of $2,306,877.00. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 9. Warrant Register #14 for the period of 09/30/15 through 10/06/15 in the amount of $1,616,351.05. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 10. Warrant Register #15 for the period of 10/07/15 through 10/13/15 in the amount of $1,289,793.95. (Finance) ACTION: Ratified. See above. Book 97 / Page XX 11-17-2015 PUBLIC HEARINGS CITY WIDE HOUSING ADMIN (303-4-1) 11. Public Hearing by the City Council of the City of National City for the issuance by the California Statewide Communities Development Authority of multifamily housing revenue bonds in one or more series from time to time, and at no time to exceed $35,000,000 in outstanding aggregate principal amount to finance the development of Paradise Creek Housing II (WI-TOD Phase II), a 91-unit multifamily rental housing project located at 2200 and 2020 Hoover Avenue in National City. (Housing, Grants, and Asset Management) **Companion to Item #12** RECOMMENDATION: Conduct the Public Hearing and adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. NON CONSENT RESOLUTIONS CITY WIDE HOUSING ADMIN (303-4-1) 12. Resolution No. 2015-168. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS IN ONE OR MORE SERIES FROM TIME TO TIME, AND AT NO TIME TO EXCEED $35,000,000 IN OUTSTANDING AGGREGATE PRINCIPAL AMOUNT TO FINANCE THE DEVELOPMENT OF PARADISE CREEK HOUSING II (WI-TOD PHASE II), A 91-UNIT MULTIFAMILY RENTAL HOUSING PROJECT LOCATED AT 2200 AND 2020 HOOVER AVENUE IN NATIONAL CITY. (Housing, Grants, and Asset Management) **Companion to Item #11 ** RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. Book 97 / Page XX 11-17-2015 NON CONSENT RESOLUTIONS (cont.) CONDITIONAL USE PERMITS 2015 (403-30-1) 13. Resolution No. 2015-169. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 205 HIGHLAND AVENUE. (Applicant: Verizon Wireless) (Case File 2015-02 CUP) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. CONTRACT (C2012-34) 14. Resolution No. 2015-170. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING AN ACTIVE TRANSPORTATION GRANT PROGRAM (ATGP) GRANT AWARD IN THE AMOUNT OF $50,000 THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE NATIONAL CITY BICYCLE PARKING ENHANCEMENTS PROJECT; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT; AND 3) ESTABLISHING CORRESPONDING APPROPRIATIONS FOR THE ATGP GRANT (A GRANT MATCH OF $10,000 IS REQUIRED). (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. Book 97 / Page XX 11-17-2015 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2015-62) 15. Resolution No. 2015-171. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING A TRANSNET SMART GROWTH INCENTIVE GRANT PROGRAM (SGIP) GRANT AWARD IN THE AMOUNT OF $2,000,000 THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE WESTSIDE MOBILITY IMPROVEMENTS PROJECT; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT; AND 3) ESTABLISHING CORRESPONDING APPROPRIATIONS FOR THE SGIP GRANT (A GRANT MATCH OF $200,000 IS REQUIRED). (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. CONTRACT (C2015-63) 16. Resolution No. 2015-172. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING A TRANSNET SMART GROWTH INCENTIVE GRANT PROGRAM (SGIP) GRANT AWARD IN THE AMOUNT OF $320,000 THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE DOWNTOWN SPECIFIC PLAN UPDATE; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT; AND 3) ESTABLISHING CORRESPONDING APPROPRIATIONS FOR THE SGIP GRANT (A GRANT MATCH OF $50,000 IS REQUIRED). (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. Book 97 / Page XX 11-17-2015 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2015-64) 17. Resolution No. 2015-173. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING A TRANSNET SMART GROWTH INCENTIVE GRANT PROGRAM (SGIP) GRANT AWARD IN THE AMOUNT OF $825,000 THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE DOWNTOWN-WESTSIDE WAYFINDING AND COMMUNITY GATEWAYS PROJECT; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT; AND 3) ESTABLISHING CORRESPONDING APPROPRIATIONS FOR THE SGIP GRANT (A GRANT MATCH OF $200,000 IS REQUIRED). (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ti ACTION: Motion by Mendivil, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. CONTRACT (C2014-2) 18. Resolution No. 2015-174. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE LAW FIRM OF MCDOUGAL, LOVE, ECKIS, BOEHMER & FOLEY TO PROVIDE LEGAL SERVICES THROUGH DECEMBER 31, 2017 FOR THE NOT TO EXCEED AMOUNT OF $150,000. (City Attorney) RECOMMENDATION: Adopt proposed Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. Book 97 / Page XX 11-17-2015 NEW BUSINESS TEMPORARY USE PERMITS 2015 (203-1-31) 19. Temporary Use Permit — "Christmas with Kids" hosted by Christmas with Kids at 223 E. 3rd Street on December 25, 2015 from 6 a.m. to 10:30 a.m. The applicant has requested a waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: Brian Trum, representing the applicant, spoke in favor and responded to questions. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to approve the Temporary Use Permit with waiver of fees. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. CONDITIONAL USE PERMITS 2015 (403-30-1) 20. Notice of Decision Planning Commission approval of a Conditional Use Permit for beer sales at Chipotle Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to set for Public Hearing. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS ENGINEERING DEPT— GRANTS / REPORTS ADMIN (1104-1-1) FIRE DEPT ADMIN (305-1-1) 21. Winter Storm Flood Preparedness Update. (Public Works/Engineering & Fire) Book 97 / Page XX 11-17-2015 STAFF REPORTS (cont.) 21a. City Manager Leslie Deese spoke about the ceremonial groundbreaking event for the West Side Infill Transit Oriented Development (WI-TOD) project and acknowledged the Mayor and Council for their support and policy direction for the project and the extraordinary work and effort of countless staff members to overcome numerous obstacles to bring the project to fruition. MAYOR AND CITY COUNCIL City Treasurer Mitch Beauchamp expressed his concern about the future impact of sea level rise on the WI-TOD development. Member Mendivil reported that the San Diego Dream Center is looking for a neighborhood to adopt to perform community outreach; restated his belief that businesses should take pride in the appearance and cleanliness of their property and said he attended the turkey holiday giveaway sponsored by the Police Department. Member Sotelo-Solis said the WI-TOD event made it a beautiful day due to the efforts of a wonderful staff and community partners and congratulated the community for having the vision and promoting the project and thanked the Council for their support. Member Rios said she also attended the turkey giveaway held at the Police Department to benefit needy families, acknowledged the efforts of staff in making WI-TOD a reality and reported that the Rotary Club was working with Sweetwater ROTC to raise funds and would be having a dinner at the American Legion on Friday night. Mayor Morrison reported on the State of the City Address and said it was a fun and successful event for the community and acknowledged the efforts of Josie Flores Clark and other City staff including Public Works for their work setting up and cleaning up after the event. Mayor Morrison said the WI-TOD project was the culmination of a lot of work and time by many and reported that National City leads the County in affordable housing. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') Book 97 / Page XX 11-17-2015 ADJOURNMENT Motion by Rios, seconded by Sotelo-Solis, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, December 1, 2015 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 8:00 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of December 1, 2015. • City Council and Community Development Commission — Housing Authority of the City of National City Meeting Schedule for the Period of January 5, 2016 through January 19, 2016: • January 05 — Dispense with Meeting • January 19 — Regular Meeting Mayor EXHIBIT `L' CALIFORNIA NSA' IONA.L CI, I Py I,c I INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, November 17, 2015 — 4:30 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Bayshore Transit Management, Inc., et al. v. City of National City San Diego Superior Court Case No. 37-2014-00040243-CU-BC-CTL 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Jose Gabino-Santos v. City of National City San Diego Superior Court Case No. 37-2014-00030671-CU-PO-CTL 3. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Frank Parra, Mark Roberts, and Tim Davis Employee Organization: Fire Fighters' Association 4. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Jose Tellez, Mark Roberts, and Eddie Kreisberg Employee Organization: Police Officers' Association ADJOURNMENT Next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City will be held Tuesday, November 17, 2015, 6:00 p.m., Council Chambers, Civic Center CC/CDC-HA Agenda 12/1/2015 — Page 31 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying the acceptance of a $27,267 augmentation to the California Library Literacy Services (CLLS) Grant, Fiscal Year 2015-16, for the National City Library's Literacy Program, increasing the CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City ratifying the acceptance of a $27,267 augmentation to the California Library Literacy Services (CLLS) Grant, Fiscal Year 2015-16, for the National City Library's Literacy Program, increasing the total amount of the grant from $18,000 to $45,267, and authorizing the establishment of fund appropriations and a corresponding revenue budget. (Library) PREPARED BY: G. Olivares DEPARTMENT: Libr PHONE: 470-5883 APPROVED BY: EXPLANATION: On July 9, 2015, the California State Library awarded National City Library the California Library Literacy Services (CLLS) grant to support its literacy program for FY15-16. Along with the award letter, the Library received a baseline amount of $18,000. At this time, after having received the Library's service statistics and financial report for FY14-15, the California State Library is providing a final payment for FY15-16 in the amount of $27,267. This final payment is based on a formula that takes into account: 1) the per capita amount per adult learner served at the Library the previous year; and 2) the Local match, represented by CDBG funding, awarded by the City Council to the Library for adult literacy services during FY14-15. FYI - For last fiscal year, the Library received a CLLS grant in the amount $41,152, which was a baseline amount of $15,000 and a per capita & match of $26,152. FINANCIAL STATEMENT: ACCOUNT NO. 320-418-339 320-31339-3463 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Approval recommended BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on November 9, 2015. ATTACHMENTS: 1. Copy of Original Award Letter 2. Award Letter 3. Resolution C itll STATE I B RARY July 9, 2015 Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-3314 Dear Ms. Duong: IL! It/ * . . . MUSERVIIrG OUR HERITAGE. SHAPING OUR FUTURE We're happy to tell you your California Library Literacy Services program will receive funding for the current fiscal year, which began July 1, 2015. It's an honor to support the important work you, your staff and volunteers do in your community. There's three parts to the library's funding formula: 1. A baseline amount for each of your approved literacy program components so that each library has enough funds to provide a minimum level of local literacy staffing and services. 2. A per capita amount per adult learner served in the previous year; and 3. A match on local funds raised and expended for adult literacy services —reflecting a commitment to a continuing state/local partnership and providing an incentive for increased local support for adult literacy. The governor recently signed the new state budget that includes an additional $2 million in on- going spending for our library literacy programs for the fiscal year that began July 1. The governor's year -over -year commitment allows us to shore up local literacy programs around the state. Doing that builds a solid foundation that will help eliminate our backlog of 3,000 learners eager to read and then allows us to reach out our hands to even more learners at other libraries who have wanted to participate but couldn't given the state's uncertain funding situation. At this time, we're providing the $18,000 baseline amount for your program. The remainder of your literacy program award will be determined and then forwarded in the fall after applying service statistics and financial data from the final report closing out the last fiscal year, which is submitted later this summer. The payment process begins once we receive your signed Claim Form (attached); however the State of California is implementing a new Financial Information System that may cause delays in grant payments. Thanks for your patience. Direct additional questions to: Carla Lehn at (916) 653-7743 or clehn(a,library.ca.gov. 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, 4th Floor, Sacramento, CA 95814 National City Public Library Page 2 Thank you again for our willingness to do so much for so many people in need. Respe ully yours Irk - Greg9(, Lucas Calif rni State Librarian cc: Melissa Solis, Literacy Coordinator(melissa.solis@nationalcitylibrary.org) File Enc.: Claim Form Double click to fill and print or print the form below. 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, 4th Floor, Sacramento, CA 95814 i iff (lI (9711ef STATE'Li B RARY PersEtivi tic OUR HERITAGE, SIIM1nnN. OUR Fig .ar November 3, 2015 Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950 Dear Ms. Duong: I'm pleased to enclose a claim form for the remainder of your California Library Literacy Services funding for the 2015-2016 fiscal year. This final, second payment of your total allocation for the fiscal year that began July 1, 2015 is based on: • A per capita amount per adult learner served at your library during the previous fiscal year. • A match on local funds raised and expended for adult literacy services at your library during the fiscal year that ended June 30, 2015. Earlier this year you received a baseline for your literacy program. The baseline reflects the importance of each library having enough funds to provide local literacy staffing and service. Below is a re -cap of your total California Library Literacy Services funding for the current program year: Baseline Adult Literacy Services: Final Payment (Per Capita & Match): $18,000 (amount previously claimed) $27,267 (amount to be claimed now) GRAND TOTAL FOR 2015/16: $45,267 Changes in your funding from last year are based on an increase or decrease in the number of adult learners you served, and/or an increase or decrease in the amount of local funds expended on adult literacy last year. As you know, the Legislature and the governor added $2 million in ongoing funding for our library literacy programs this year. This allowed us to boost the baseline from the usual $10,000 to $18,000 as well as increase the per capita and match portions of the funding formula. We'II initiate the payment process upon receipt of your signed claim form, which is attached. This final payment will be processed after all reporting requirements from the prior fiscal year have been received, all adjustments made and unexpended monies returned. The following specific issues or observations are being made about your final report: We notice a relatively low number of volunteer tutors reported serving a much higher number of adult learners. We will look for an increase in the number of tutors available in next year's report. 1 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. 0. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4'F Floor, Sacramento, CA 95814 National City Public Library 7 Please mail the signed claim form to: California State Library Fiscal/Local Assistance P.O. Box 942837 Sacramento, CA 94237-0001 The attached form requires your signature and serves two purposes: 1. Certifies that your library will use the funds for the purpose intended; and 2. Requests to claim the funds and have a check sent to you In December, you'll be asked to revise your literacy budget for the 2015-2016 fiscal year utilizing the actual total allotment from the State Library shown in this award letter. The budget that you submitted with your application earlier this year was based on projections. Your revised budget should reflect updated information and mare accurate figures than you had at the time of application. You'll be asked to report electronically after the close of the fiscal year. Library literacy services staff will provide more details on this process. If you need a copy of your most recent final report and/or application, please contact Andrea Freeland at andrea.freeland[7a library.ca.gov. PLEASE REMEMBER THAT ALL STATE FUNDS MUST BE EXPENDED OR ENCUMBERED BY JUNE 30, 2016 OR RETURNED TO THE STATE. Should you have additional questions regarding the new funding and/or reporting process, please contact: Carla Lehn (916) 653-7743 or carla.lehn(7a library.ca.gov Andrea Freeland (916) 651-3191 or andrea.freeland(a�Iibrary.ca.gov Thanks again for your commitment to literacy. It's one of the most transformative and successful things libraries do. Respectf/i'ly your Greg Lu c s California tate Librarian cc: Melissa Solis, Literacy Coordinator (via email: melissa.solis(cr�nationalcitylibrary.ord) Minh uong, City Librarian (via email: mink.duonq(cl�nationalcitviibrary.orq) Enc.: Claim Form 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 N Street, 4th Floor, Sacramento, CA 95814 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $27,267 AUGMENTATION TO THE CALIFORNIA LIBRARY LITERACY SERVICES GRANT, FISCAL YEAR 2015-16, FOR THE NATIONAL CITY LIBRARY'S LITERACY PROGRAM, INCREASING THE TOTAL GRANT AMOUNT FROM $18,000 TO $45,267, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS; on July 9, 2015, the National City Library was awarded a California Library Literacy Services ("CLLS") Grant in a baseline amount of $18,000 to fund the Library's literacy services for Fiscal Year 2016; and $27,267; and WHEREAS, the California State Library has augmented the original grant by WHEREAS, the $27,267 augmentation to the grant funds is based on a formula that takes into account the per capita amount per adult learner served and a match of local funds raised and expended for adult literacy services (CDBG) in Fiscal Year 2015; and WHEREAS, the final payment of $27,267, brings the total amount of the CLLS Grant awarded to the National City Library for its Literacy Program to $45,267. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance of a $27,267 augmentation to the Califomia Library Literacy Services ("CLLS") Grant for Fiscal Year 2016 for the National City Library's Literacy Program, increasing the total grant amount from $18,000 to $45,267. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of fund appropriations and a corresponding revenue budget for said grant funds. PASSED and ADOPTED this 1st day of December, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 38 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Koff & Associates in an amount not exceed $78,890 for the completion of a comprehensive compensation study and analysis of the Citys Confidentia CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Koff & Associates in an amount not exceed $78,890 for the completion of a comprehensive compensation study and analysis of the City's Confidential, Executive, Management, Municipal Employees' Association and Part - Time employee groups. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report. DEPARTMENT: Human Resources APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: $35,000 from 001-417-083-213 (Human Resources, Professional Services) $43,890 from 001-409-000-213 (Non -Departmental, Professional Services) Refer to the fiscal impact statement of the attached staff report for further explanation. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute an agreement with Koff & Associates. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement Resolution CALIFORNIA NATIONAL OTT C ��� a c o fw:�] J INCORPORATED City Council Staff Report December 1, 2015 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Koff & Associates in an amount not exceed $78,890 for the completion of a comprehensive compensation study and analysis of the City's Confidential, Executive, Management, Municipal Employees' Association and Part -Time employee groups. BACKGROUND On June 16, 2015, the City Council of the City of National City approved a three year labor agreement between the City and the Municipal Employees' Association (MEA). Under the terms of Article 21 of the approved agreement, the City committed to conducting a total compensation survey for the purpose of determining current market placement of classifications represented by MEA and establishing compensation for such classifications for Fiscal Year 2017. In September, 2015, the City Council provided similar market study direction to the City Manager related to the Executive and Management employee groups. Records indicate that the last formal compensation study was completed fifteen years ago. DISCUSSION In response to the action/direction noted above, staff issued a Request for Proposals (RFP) on October 12, 2015 seeking a qualified firm to perform a comprehensive classification study. Given the extent of the operational and compensatory relationship between classifications in the MEA employee group and the Confidential and Part -Time employee groups, the scope of the RFP was expanded to include those two groups. However, there is no obligation on the part of the City to adjust compensation for said two groups based on the results of the study. In total, the City received three responsive proposal packages. All three proposals were evaluated and all three firms were interviewed. Having completed this process, staff has issued a tentative award to Koff & Associates (Koff) at an amount not to exceed $78,890. Should Council authorize the Mayor to execute the agreement, staff will immediately begin to work with Koff & MEA in identifying the benchmark classifications to be used in the study (as required under the terms of Article 21). Based on the timeline established in the RFP and agreed to by Koff, the study will be completed on or before March 7, 2016. Page 2 Staff Report — Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Koff & Associates in an amount not exceed $78,890. December 1, 2015 RECOMMENDATION Authorize the Mayor to execute an agreement between the City and Koff & Associates in an amount not exceed $78,890 for the completion of a comprehensive compensation study and analysis of the City's Confidential, Executive, Management, Municipal Employees' Association and Part -Time employee groups. FISCAL IMPACT The Fiscal Year 2016 budget includes an allocation of $35,000 in the Human Resources Department for this project. The remaining balance needed to award the agreement ($43,890) will be taken from Non -Departmental with the authorization of the City Manager. It is anticipated that the mid -year budget package will include a request for a supplemental appropriation for the $43,890 in order to replenish the Non -Departmental account for other unforeseen needs. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KOFF & ASSOCIATES THIS AGREEMENT is entered into this 1st day of December 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Koff & Associates, a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide a comprehensive compensation study and analysis of CITY job classifications. WHEREAS, the CITY has determined that the CONSULTANT is a human resources consulting firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform the following services related to the CITY's Executive, Confidential, Management, Municipal Employees' Association and Part -Time employee groups: • Review of current compensation practices and related issues; • Recommending salary survey benchmarks in conjunction with relevant benchmark classifications in all other cities in San Diego County; • Conducting a total compensation survey of the 18 cities comprising San Diego County Carlsbad Encinitas National City Santee Chula Vista Escondido Oceanside Solana Beach Coronado Imperial Beach Poway Vista Del Mar La Mesa San Diego El Cajon Lemon Grove San Marcos • Completing internal salary relationship analysis including the development of appropriate internal relationship guidelines (internal equity); • Systematically assessing each classification in relation to other San Diego County comparable classifications • Providing a final report to include an analysis of the market placement for each National City classification (or benchmark classification). Provided data should include: o Base salary and total compensation for each classification, including information on the factors used in determining total compensation. o National City's market placement under both scenarios (base salary and total compensation) o The average base salary and total compensation figures for each classification o National City's percentage and standard deviation from the mean. • Providing written documentation of assessment methodology and assessment for each position; • Developing externally competitive and internally equitable salary recommendations for each job class included in the study; • Recommending the vertical salary relationship/differentials between classes in each class series. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at coordination and project status meetings with staff, labor representatives, the City Manager and/or the City Council as deemed necessary. The CITY will coordinate the dates, times and locations of all such meetings with the CONSULTANT. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stacey Stevenson, Director of Administrative Services hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Georg S. Krammer, Chief Executive Officer 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 shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the scope of work and CONSULTANT's proposal, Exhibit "A" as determined by the CITY. 2 City's Standard Agreement —2014 revision The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City 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 City 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 City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on December 1, 2015. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". ?z DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. • Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for'any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 3 City's Standard Agreement-2014 revision 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT 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(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, itbeing understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY 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. The CONSULTANT and each of its SUBCONSULTANT(S), 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 4 City's Standard Agreement 2014 revision necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 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 CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall .include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 5 City's Standard Agreement-2014 revision The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 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, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term 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 shall indemnify, and hold harmless the CITY 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 CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property 6 City's Standard Agreement —2014 revision damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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 shall be endorsed with a waiver of subrogation in favor of the City. 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 CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. 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. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. 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. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award, Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's 7 City's Standard Agreement-2014 revision fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally 8 City's Standard Agreement-2014 revision delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stacey Stevenson Director of Adminstrative Services City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Georg S. Krammer Chief Executive Officer Koff & Associates 2835 Seventh Street Berkeley, CA 94710 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ 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 9 City's Standard Agreement-2014 revision Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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 agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 10 City's Standard Agreement-2014 revision K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY KOFF & ASSOCIATES By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva By: City Attorney 11 7s me cu Georg Kfl rorme (Print) •� GO (Title) (Name) (Print) (Title) City's Standard Agreement-2014 revision November 16, 2015 Comprehensive Compensation Study & Analysis Proposal City of National City, California Koff & Associates GEORG S. KRAMMER Chief Executive Officer 2835 Seventh Street Berkeley, CA 94710 www.KoffAssociates.com gkrammerPkoffassociates.com Tel: 510.658.5633 Fax: 510.652.5633 K-Thffamp November 16, 2015 Ms. Stacey Stevenson Director of Administrative Services City of National City 140 East 12th St., Suite A National City, CA 91950 Dear Ms. Stevenson: Thank you for the opportunity to respond to your Request for Proposal for a Comprehensive Compensation Study and Analysis for the -employees of the City of National City ("City"). We are most interested in assisting the City with this important study and feel that we are uniquely qualified to provide value to your organization based on our experience working with a wide variety of other cities, counties, special districts, Joint Power Authorities, and other public agencies throughout California. Koff & Associates is an experienced Human Resources consulting firm that has been providing compensation consulting services to cities, counties, special districts, courts, educational institutions, and other public agencies for thirty-one years. The firm is a woman -owned California small business corporation and has achieved a reputation for working successfully with management, employees, union representatives, and governing bodies. We believe in a high level of dialogue and input from study stakeholders and our proposal speaks to that level of effort. That extra effort has resulted in close to 100% implementation of all of our compensation and classification studies. As Chief Executive Officer of the firm, I will assume the role of Project Director and be responsible for the successful completion of this project. My email is gkrammer@koffassociates.com and i can be reached at our Berkeley office at the address and phone number listed below and on the cover page. Our proposal is a firm offer to enter into a contract to perform work related to the RFP for a period of 90 days from the due date of proposals; there are no conflicts of interest, actual or apparent, that would limit our ability to provide the requested services. Please call if you have any questions or wish additional information. We look forward to the opportunity to provide professional service to City of National City in this important endeavor. Sincerely, Georg S. Krammer Chief Executive Officer 2835 Seventh Street, Berkeley, California 94710 1 510.658.5633 I www.Kof'fAssociates.com Comprehensive Compensation Study and Analysis Proposal City of National City TABLE OF CONTENTS Overview and Summary Work Plan Project Schedule Firm Experience & Qualifications Proposed Project Costs Signature Page 1 3 11 13 20 2835 Seventh Street, Berkeley, California 94710 510.658.5633 J www.KoffAssociates.com Comprehensive Compensation Study and Analysis Proposal City of National City OVERVIEW AND SUMMARY Understanding of the Project and Its Purpose The City of National City ("City") desires human resources consulting assistance to conduct an objective Comprehensive Compensation Study and Analysis using eighteen (18) cities comprising San Diego County as comparator agencies, for one hundred twenty-five (125) of its one hundred fifty-nine (159) total classifications. The City is seeking to bring all its classifications to market average; more specifically, the City is seeking to evaluate the internal relationships and organizational structure to develop a new compensation structure for four (4) of its employee groups. The four (4) employee groups are: 1. General Municipal; 2. Executive and Management; 3. Confidential Employees; and 4. Part-time Employees. The study's purpose is to review the City's compensation structure for all studied classifications and to conduct a compensation market survey (salaries and benefits) using a set of appropriate comparator agencies. The identification of comparator agencies, benchmark classifications, and benefits to be collected is an iterative process that includes all stakeholders. We have found this open discussion philosophy to be critical to our success for organizational buy -in. Once the external data development is completed, we will make specific recommendations for internal equity for non-benchmarked positions and positions without a large enough market sampling. The City's approved comparator list currently consists of eighteen (18) agencies, which includes San Diego County cities with comparable positions. The RFP indicates the City's defined labor market includes the following comparator agencies within San Diego County: 1. Carlsbad; 2. Chula Vista; 3. Coronado; 4. Delmar; 5. El Cajon; 6. Encinitas; 7. Escondido; 8. Imperial Beach; 9. La Mesa; 10. Lemon Grove; 11. National City; 12. Oceanside; 13. Poway; 14. San Diego; 15. San Marcos; 16. Santee; 17. Solana Beach; and 18. Vista. The compensation study will contain specific recommendations regarding the integration of all study classifications into a clear compensation structure, with the goal of developing a clearly designed, internally equitable format that is flexible for career opportunity and future growth. Our study will make recommendations regarding: [1] a salary structure that takes the City's compensation preferences into consideration, and, [2] the appropriate placement of each classification on that structure. 2835 Seventh Street, Berkeley, California 94710 1 510.6.58.5633 I www.KoffAssociates.com Comprehensive Compensation Study and Analysis Proposal City of National City We will work with the City to determine the benefit detail it would like us to gather and report. The study includes a significant number of meetings with the Study Project Team, City management, employees, and employee representation, as desired. We have expertise in labor/management relations and understand the importance of active participation by all stakeholders to ensure a successful outcome. The meetings and "stakeholder touch -points" that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and encourage a collaborative and interactive approach that will result in greater buy -in for study recommendations. This interactive approach, although time-consuming, has resulted in almost 100% implementation success of K&A's studies. The meetings and "stakeholder touch -points" that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and improve a collaborative and interactive approach that will result in greater buy -in for study recommendations. This interactive approach, although time-consuming, has resulted in almost 100% implementation success of K&A's studies. Summary of Proposed Approach Compensation Study Approach and Objectives: y To make recommendations regarding a list of appropriate comparator agencies, benchmark classifications, and benefits to be collected; v To collect accurate salary and benefit data from the approved group of comparator agencies and to ensure that the information is analyzed in a manner that is clear and comprehensible to Human Resources, management, the Study Project Team, and employees; To carefully analyze the scope and level of duties and responsibilities, requirements for successful work performance, and other factors for survey classes according to generally accepted compensation practices; Y To review the City's compensation structure and practices and develop compensation recommendations that will assist the City to recruit, motivate, and retain competent staff; v To develop solutions to address pay equity issues, analyze the financial impact of addressing pay equity issues, and create a market adjustment implementation strategy supporting the organization's goals, objectives, and budget considerations; To evaluate benefit offerings in the labor market and make recommendations for better alignment and/or different benefit offerings as indicated by the analysis and best practices; Y To create an inclusive final report summarizing the administrative and process methodologies, analytical tools, findings, and recommended compensation structure; )> To recommend appropriate internal salary relationships and allocate classes to salary ranges in a comprehensive salary range plan; and ➢ To ensure sufficient documentation and training throughout the study so that our recommendations can be implemented and maintained in a competent and fair manner. • 2835 Seventh Street, Berkeley, California 94710 1 510,858.5633 I www.KoffAssociates.corn Comprehensive Compensation Study and Analysis Proposal City of National City Overall Study Approach and Objectives: To review and understand all current documentation, rules, regulations, policies, procedures, budgets, organizational charts, memoranda of understanding, personnel policies, wage and salary schedules, and related information so that our findings and recommendations can be operationally incorporated with a minimum of disruption; > To conduct start-up Study Project Team meetings with management, study project staff, and other stakeholders to gain a full understanding of areas of concern, past practices, future goals, etc. with respect to the development of compensation reports and recommendations; finalize study plans and timetables; conduct orientation sessions with study stakeholders in order to educate and explain the scope of the study and describe what are and are not reasonable study expectations and goals; ➢ To develop a compensation structure that meets all legal requirements, is totally non-discriminatory, and easily accommodates organizational change and growth; y To work collaboratively and effectively with the City and its stakeholders while at the same time maintaining control and objectivity in the conduct of the study; Y To document all steps in the process and provide documentation for management and other staff, as appropriate, in compensation analysis methodologies so that the City can integrate, maintain, administer, and defend any recommended changes after the initial implementation; and To provide effective ongoing communications throughout the duration of the project and continued support after implementation. WORK PLAN This section of the proposal identifies the actual scope of work. We believe that our detailed explanation of methodology and work tasks clearly distinguishes our approach and comprehensiveness. Task A. Initial documentation review/meetings with study project team and management staff This phase includes identifying the City's Study Project Team, contract administrator, and reporting relationships. Our team will conduct an orientation and briefing session with the Study Project Team to explain process and methodology; create the specific work plan and work schedule; identify subsequent tasks to be accomplished; reaffirm the primary objectives and specific end products; determine deadline dates for satisfactory completion of the overall assignment; determine who will be responsible for coordinating/scheduling communications with employees, City management, and employee representation; and develop a timetable for conducting the same. Included in this task will be the gathering of written documentation and assembling current organizational charts, salary schedules, budgets, memoranda of understanding, personnel policies, and other relevant documentation to gain a detailed understanding of City compensation and benefit policies and practices. City terminology and methods of current compensation procedures will be reviewed and agreed to. We will discuss methodology and agree to a report format and identify the desired list of benefit data to be surveyed for compensation survey purposes. We will respond to questions. 2835 Seventh Street, Berkeley, California 94710 j 510.658.5633 l www.KoffAssociates.corn Comprehensive Compensation Study and Analysis Proposal City of National City Task B. Confirm comparator agencies and identify benchmark classifications and benefits to be collected During the initial meeting with the Study Project Team, we will discuss the compensation study factors that need to be agreed upon. We will confirm the selected comparator agencies that will be included in the external market survey, which will be the foundation of ensuring that the City's salaries for the studied classifications are competitively aligned with the external labor market (and that the City's organizational structure and operations follow industry best practices). We will also identify those classifications that will be surveyed in the market (i.e., benchmark classifications), with the intention of internally aligning the remaining classifications with those that were surveyed. Finally, we will determine the list of benefits that the City wants to be included in the total compensation data gathering process. 1. Confirmation of Comparator Agencies: The selection of comparator agencies is considered a critical step in the Salary Survey process. We understand that the City is interested in having all eighteen (18) San Diego County cities surveyed, as stated above. 2. Determination of Benchmark Classifications: In the same collaborative manner as in Step 1 above, we will work with the City's stakeholders to select those classifications that will be surveyed. "Benchmark classes" are normally chosen to reflect a broad spectrum of class levels. In addition, those that are selected normally include classes that are most likely to be found in other similar agencies, and therefore provide a sufficient valid sample for analysis. Internal relationships will be determined between the benchmarked and non-benchmarked classifications and internal equity alignments will be made for salary recommendation purposes. Because we find that the labor market typically yields reliable data, we typically recommend using 60%- 65% of classifications as benchmarks. . It is our understading that approximately 125 classifications will be part of the study. Based on a review of the City's list of classifications, we are not certain if all 125 will need to be surveyed. Our cost proposal contains different options based on different numbers of benchmark classifications for purposes of cost comparison. 3. Determination of Salary and Benefits Data to Be Collected In addition to base salaries, benefit data elements for a total compensation study normally include at least the following, which are generally available to all staff in a specific job classification. Again, we recommend a dialogue with the various stakeholders to come to an agreement as to which total compensation components should be gathered and how to present that data as a point of comparison between the City and the labor market. Shown below are descriptions of those benefits that we normally collect (which can be modified to include any other information the City desires): ➢ Monthly Salary — The top of the normal, published salary range. All figures are presented on a monthly basis. We normalize the salary data to reflect working hours and/or "spiking" of retirement or other benefits. ➢ Employee Retirement — This includes two figures: [1] the amount of the employee's State or other public or private retirement contribution that is contributed by the City, and [21 the amount 2835 Seventh Street, Berkeley, California 94710 1510.656.5633 I www.KoffAssociates.c;orn Comprehensive Compensation Study and Analysis Proposal City of National City of the City's Social Security contribution. With healthcare cost rising and retiree healthcare and liabilities increasing for many public agencies, we typically collect retiree health information as well. However, we do not roll this cost into our total compensation analysis but report it separately by describing what the policies/liabilities are. ➢ Insurance — This typically includes Health, Dental, Vision, Life, Long -Term Disability, Short -Term Disability, Employee Assistance Program (EAP), and other insurance coverage. • Leave — Other than sick leave, which is usage -based, leave is the amount of days off for which the organization is obligated. All days will be translated into direct salary costs. • Vacation — The number of vacation days available to all employees after five (5) years of employment. • Holidays —The number of holidays (including floating) available to the employee on an annual basis. ▪ Administrative/Personal Leave — Administrative leave is normally the number of days available to management staff to compensate for the lack of payment for overtime. Personal leave may be available to other groups of employees to augment vacation or other time off. Deferred Compensation — This is any deferred compensation provided to all members of a classification, either as an employer matching contribution or as a straight dollar or percentage contribution. • Other — This category includes any other benefits that are available to all employees within a classification and not already specifically detailed. We will gather up to five (5) additional benefit components that the City may be interested in, such as educational/certification/license incentives, tuition reimbursement, etc. Task C. Data collection Our firm does not collect market compensation data by merely sending out a written questionnaire. We find that such questionnaires are often delegated to the individual in the department with the least experience in the organization and given a low priority. We conduct all of the data collection and analysis ourselves to ensure validity of the data and quality control. This approach also ensures that we compare job description to job description and not just job titles, therefore ensuring true "matches" of at least 70%, which is the percentage we use to determine whether to include a comparator classification or not. Our job analysis method is the "whole position analysis" approach. Objective factors in the whole position classification methodology include: 1. Education, Training, and Certifications/Licenses 2. Experience 3. Problem Solving/Ingenuity 4. Attention/Stress (Concentration/Time Pressure and Interruptions) 5. Independence of Action/Responsibility 6. Contacts with Others/Internal/External 7. Supervision Received and/or Given to Others 8. Consequences of Action/Decisions Made on the Job 9. Working Conditions 10. Physical/Mental Demands 2835 Seventh Street, Berkeley, California 94710 l 510.658.5633 www.KoffAssociates.com Comprehensive Compensation Study and Analysis Proposal City of National City Our analysis will include written documentation of our assessment methodology and assessment for each position surveyed. We typically collect classification descriptions, organization charts, salary schedules, personnel policies, MOUs, and other information via website, by telephone, or by an onsite interview. With the prior knowledge from the data gathered directly from each comparator agency and our experience in the public sector human resources field, our professional staff makes preliminary "matches" and then schedules appointments by telephone, and sometimes in person, with knowledgeable individuals to answer specific questions. We find that the information collected using these methods has a very high validity rate and is generally substantiated by employees, management, as well as governing bodies. In terms of record keeping, we will create electronic file folders for each comparator agency that we survey, including all documentation listed above, so that we have all of the source documentation to support the data and findings of the study. Task D. Analysis and preliminary data review Data will be entered into spreadsheet format designed for ease of interpretation and use. The information will be presented in a format that will identify the comparator positions used for each classification comparison. Information will be calculated based upon both average and median figures allowing the City to make informed compensation decisions. We understand that the City's focus in on the statistical mean/average and we will discuss with the City as to whether the median should be shown in our reports or not. Other elements of the compensation survey report are agencies surveyed; comparable class titles; salary range maximum/control point; number of observations; and percent of the City's salary range is above/below the market values. In addition, we can include any type of statistical representation and analysis that the City may desire such as 60m, 70th, or any other percentiles. Benefits data will be displayed in an easy -to -read format. You will receive three sets of spreadsheets per classification, one with base pay, one with the benefits detail, and one with total compensation statistical data. In addition, we are often asked to collect "other" benefits (as listed in the benefits section above), which we typically report on a separate spreadsheet. Task E. Draft compensation findings/additional analysis/study project team meetings We distribute our draft findings to City management in a comparative report including the spreadsheets described above in Task D. After their preliminary review, K&A will meet with City management, and other stakeholders as desired, to clarify data, to receive requests for reanalysis of certain comparators, and to answer questions and address concerns. This provides an opportunity for the Study Project Team and other stakeholders to review and question any of our data. If questions arise, we conduct follow-up analysis to reconfirm our original analysis and/or make corrections as appropriate. 2835 Seventh Street, Berkeley, California 94710 [ 510.658.563:3 I www.KoffAssociates.com Comprehensive Compensation Study and Analysis Proposal City of National City Task F. Internal relationship analysis and internal alignment To determine internal equity for all studied positions, considerable attention will be given to this phase of the project. It is necessary to develop an internal position hierarchy based on the organizational value of each classification. Again, we utilize the whole position analysis methodology as described above. By reviewing those factors, we will make recommendations regarding vertical salary differentials between classes in a class series (if recommended), as well as across departments. This analysis will be integrated with the results of the compensation survey. The ultimate goal of this critical step of the process is to address any potential internal equity issues and concerns with the current compensation system, including compaction issues between certain classifications. We will create a sound and logical compensation structure for the various levels within each class series, so that career ladders are not only reflected in the classification system but also in the compensation system, with pay differentials between levels that allow employees to progress on a clear path of career growth and development. Career ladders will be looked at vertically as well as horizontally to reflect the existing classification structure. Task G. Compensation structure and implementation plan development Depending on data developed as a result, of the internal analysis, we will review and, make recommendations regarding internal alignment and the salary structure within which the classes are allocated (set of salary ranges, salary differentials, steps within ranges, and/or alternative compensation plans), based upon the City's preferred compensation model. We will develop recommendations for pay grades and salary ranges for all classifications based on median and/or mean salaries from the comparable agencies. We will conduct a competitive pay analysis using the market data gathered to assist in the determination of external pay equity and the recommendation of a new base compensation structure. We will conduct a comparative analysis to illustrate the relationships between current pay practices and the newly determined market conditions and develop solutions to address pay equity issues, analyze the financial impact of addressing pay equity issues, and create a market adjustment implementation strategy supporting the City's goals, objectives, and budget considerations. We will develop recommendations covering special compensation issues such as salaries above the maximum; seniority; promotions; maintenance of the salary schedules; etc. Finally, we will evaluate benefit offerings in the labor market and make recommendations for better alignment and/or different benefit offerings as indicated by the analysis and best practices. Draft recommendations will be discussed with the Study Project Team and management prior to developing an Interim Report. Task H. Preparation of draft final and final report and deliverables A Draft Interim Report of the Compensation Study will be completed and submitted to the Study Project Team for review and comment. The report will provide detailed compensation findings, documentation, 2835 Seventh Street, Berkeley, California 94710 1510.658.5633 I www.KoffAssociates.com 7 Comprehensive Compensation Study and Analysis Proposal City of National City and recommendations. The report will include a set of all market data spreadsheets; a proposed Salary Range document; a policy and procedure to address employees whose base pay exceeds the maximum of their newly assigned pay range; a manual of instructions regarding the administration of the proposed compensation system; discussion of how the compensation program impacts employee recruitment and retention efforts; implementation issues and cost projections surrounding our recommendations; and a guide for rules, policies and procedures for the City in implementing, managing and maintaining the compensation system. Once all of the City's questions/concerns are addressed and discussed, a Final Compensation Report will be created and submitted in bound format. The Final Report will incorporate any appropriate revisions identified and submitted during the review of the draft report. Task I. Participation in a formal appeal process Should the City have a formal appeal process regarding the allocation of positions to classifications and of classifications to salary ranges, this proposal does not cover time regarding a formal appeal process. Should our on -site participation be desired, our stated composite hourly rate will be honored. As mentioned above, however, our internal process usually addresses any appeal issues. Task J. Final presentation Our proposal includes multiple meetings and weekly oral and written status/progress updates to the Study Project Team. Regarding the involvement of the City Council, we recommend at least one initial meeting to confirm the comparator agencies to be included in the study, one interim study session (to discuss the initial findings of the compensation study), and one final presentation of our Final Report. Of course, we are flexible and can readily have more or less interaction with the City Council, based on the City's preferences. Deliverables > A detailed summary of compensation and benefits findings in spreadsheet format with recommendations for an overall compensation plan; > Internal relationships and market compensation data will be outlined for each class so that future equity relationships between classes can be continued; ➢ Implementation recommendations for achieving compensation goals within a reasonable timeframe and the economic and political limitations of the City, including practical implementation alternatives for the installation of the updated compensation approaches, salary cost projects, timing options, and other transitional plans; and > Provision of recommended implementation and maintenance of the updated compensation plan. Expectations of City Support In order to conduct this Salary Survey in the most timely and cost-effective manner, we ask for support in the following areas: 2835 Seventh Street, Berkeley, California 94710 p 510.658.5633 I www.KoffAssociates.com Comprehensive Compensation Study and Analysis Proposal City of National City i> Timely provision of written documentation, such as current class specifications, union contracts, organizational charts, budget documents, requests for audits, past salary studies, etc.; > Assistance in scheduling study project team, bargaining unit, management, employee, and other meetings; and y Meeting agreed -to timelines. In terms of time commitment for City staff, it is our expectation that the City would hire an outside consultant to conduct the entire effort. It is our goal to reduce the time commitment of City staff as much as possible and to only request assistance in the coordination of some of the steps in the process, such as scheduling meetings, disseminating information, and in general, serving as a channel of communication between our firm and the organization. Communication with the City Our typical communication model includes at least weekly or biweekly written status updates to keep the City informed on where we are at every phase of the project. We have found that most communication can be managed through emails and teleconferences by phone. In addition, the study includes a significant number of meetings with the Study Project Team, human resources, management, employees, employee_representation, and City Council, as desired. The meetings and "stakeholder touchpoints" that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and improve a collaborative and interactive approach that will result in greater buy -in for study recommendations. This interactive approach, although time- consuming, has resulted in almost 100% implementation success of K&A's studies. Stakeholder Touchpoints We believe in an interactive and collaborative process with the whole organization and in a high level of stakeholder contact and interaction to ensure organizational buy -in of the study throughout the entire process. The following are the major milestones at which we touch base with human resources, employees, employee representation, managers, and other stakeholders, as appropriate: i' Initial study kick-off and Study Project Team briefings; • Stakeholder input regarding a list of appropriate comparator agencies; .0 City/stakeholder review of compensation study data and contact with stakeholders to address any challenges to the market comparables we identified for each classification; Y Stakeholder input on internal salary relationship analysis and recommendations; and ➢ Stakeholder input regarding final compensation plans and structure recommendations. These steps will ensure that the Salary Survey results in a product that is accepted and trusted by all levels within the organization. Beyond sound mechanics, our approach includes sufficient communication steps to ensure that the study methodology is understood and the results are regarded as expert, impartial, and fair. 2835 Seventh Street, Berkeley, California 94710 l 510.658.5633 l www.KoffAssociates.corn Comprehensive Compensation Study and Analysis Proposal City of National City Post -Implementation Consultation and Support We are committed to providing the City with the highest -quality product and service. Providing ongoing consultation and support after study implementation is a service that is included in our professional fees and a continued relationship -building aspect of our client relationship that we highly value. We often find that clients will call or email with follow-up questions or to discuss certain aspects of the study, or ask why decisions and recommendations were made, and other important components of the study. We consider post -implementation support as part of our customer service. Should the City request any additional onsite meetings and/or training after implementation of the study and/or other specific, identifiable work efforts, we would honor our composite hourly rate for actual hours spent at the City. However, from experience, we expect that most follow-up support will be conducted via telephone and email and this is absolutely included in our total lump sum fee for this project. K&A's Distinguishing Characteristics & Managing of Resources Koff & Associates has developed our collaborative, transparent, and inclusive methodology over the course of more than thirty years to ensure optimal outcomes and success rates with all of our projects, particularly when various stakeholders with potentially divergent or conflicting priorities are involved. Our consensus -driven approach has always avoided formal appeals at the end of our studies, ensuring that clients are not left with a divided organization or negatively affected employee morale. Our number one priority is meeting the City's needs and requirements. Having conducted hundreds of compensation studies over the course of our history, our firm has developed project management skills that control costs, ensure on -time delivery of end products, maintain close management of project staff, as well as effective crisis management if unexpected issues and concerns arise throughout the project. In terms of our quality assurance and control, we have trained each one of our team members to submit their project deliverables to the Project Manager (in this case, Georg Krammer) for review and approval and to treat each deliverable as if it were being submitted directly to the client. Working with public agencies, we understand that ultimately the work deliverables and recommendations we produce will become public information and undergo scrutiny not only from internal agency staff but also its appointed officials, as well as the public and potentially, the media. Before delivering any product or recommendation to the City, we ask ourselves whether we would be comfortable seeing our name in the media associated with each particular deliverable. This is the perspective we bring to our approach for quality control and assurance. At a time when public scrutiny of public agency activities, programs, services, compensation, benefits, etc., has never been greater, we understand that the data and recommendations we provide to the City have to be absolutely accurate, vetted, and when questioned, can be supported by the appropriate source documentation. We will report to the designated Study Project Team. Project correspondence, meetings and communications will be directed and coordinated through the designated Project Manager. We will provide periodic project status reports (at least once per week or every two weeks, as desired) that include 2835 Seventh Street, Berkeley, California 94710 1510.658.5633 1 www.KoffAssociates.com Comprehensive Compensation Study and Analysis Proposal City of National City progress toward achieving milestones, issues encountered that might cause significant deviations from the project plan and recommendations for corrective actions. The Project Manager and our firm will jointly establish and agree upon written acceptance of each task and deliverable. We believe in a transparent and open -book process and always encourage all stakeholders to contact us with questions and concerns. We want to be the ultimate HR resource for all of the City's study stakeholders. However, we also need to ensure that all stakeholders know what the issues are and how we plan to address them. We like to include all stakeholders in the communication process from the beginning so that they all receive the same information from us as well as the Project Manager. We believe that our hands-on approach creates trust and confidence among study stakeholders and it is important to create a sound comfort -level between us, the Project Manager, and other stakeholders through carefully structured and streamlined communication. Client Feedback We have often found that our proposals address a very high level of time commitment, which sometimes results in a higher proposal cost. We believe that our methodology and implementation success rate is attributable to the significantly greater level of contact we have with City management, the City Council, and staff. The time we commit to working with the employees results in significantly greater buy -in throughout the process and no formal appeals at the end of the study. In fact, our firm has never had a formal appeal to any of our studies in our thirty -plus years in business. It has been our experience that the money and time invested in stakeholder touch -points throughout the study are money and time saved during implementation. Our clients always provide us feedback that our process was professional, comprehensive, understandable, timely, and inclusive. Employees, although not necessarily always happy with study outcome or our recommendations, have always indicated that we listened to their issues and concerns and were available for discussion, as required. Although time consuming, we also drive the process to ensure that timelines are met and schedules are maintained. PROJECT SCHEDULE Our professional experience is that compensation studies of this scope take approximately three (3) months to complete, allowing for adequate compensation data collection and analysis, review steps by the City, the development of final reports, and presentations. The Principal in Charge of this project (Georg Krammer) and all key project personnel can commit the time necessary to fulfill the requirements of the project and a completion date of March 7, 2016 is realistic and achievable. The following is -a suggested three month timeline based on the December 1, 2015, date of City Council final approval of a Consultant Contract, as indicated in the RFP's projected timeline: 2835 Seventh Street, Berkeley, California 94710 1510,658.5633 ' www.KoffAssodates.com Comprehensive Compensation Study and Analysis Prr City of National City Compensation Study Dote of Completion A. initial Documentation Review/Meetings with Study Project Team and Management Staff Week 1 B. Confirm Comparator Agencies, and Identify Benchmark Classifications, and Benefits to be Collected Week 2 C. Data Collection Week 8 D. Analysis and Preliminary Data Review Week 9 E. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings Week 10 F. Internal Relationship Analysis and Internal Alignment Week 11 G. Compensation Structure and Implementation Plan Development Week 11 H. Preparation of Draft Final and Final Report and Deliverables Week 12 I. Formal Appeal Process* As needed J. Final Presentation As scheduled 2835 Seventh Street, Berkeley, California 94710 1 510.658.5633 www.KoffAssociates.corn 12 Comprehensive Compensation Study and Analysis Proposal City of National City FIRM EXPERIENCE AND QUALIFICATIONS General Koff & Associates is a majority woman -owned public sector human resources consulting firm that was founded in 1984 and has been assisting cities, counties, special districts, other public agencies, and non- profit organizations throughout the State of California with their classification and compensation needs for over 30 years. We are a private corporation and our legal name is Kaneko & Krammer Corp. dba Koff & Associates, Inc. Our headquarters are located in Berkeley, CA and we have a satellite office in Brea, CA. We have fourteen (14) staff members. We are a State -certified small business enterprise and a locally certified Very Small Business Enterprise in Alameda County, and Small Local Business, also certified in Alameda County. The owners of the firm are Catherine Kaneko, President, and Georg Krammer, CEO. Experience We have extensive experience working in both union and non -union environments (including serving as the management representative in meet & confer and negotiation meetings), working with City Councils, Boards of Directors, Boards of Supervisors, Merit Boards, Joint Power Authorities, and Boards of Trustees. We are familiar with the various organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. The firm's areas of focus are compensation and classification studies (approximately 70% of our workload); organizational development/assessment studies; performance management and incentive compensation programs; development of strategic management tools; policy/procedure development and employee handbooks; executive search and staff recruitments; public agency consolidations and separations; Human Resources audits; and serving as off -site Human Resources Director for our smaller public agencies that need the expertise of a Human Resources Director but do not need a full-time, on - site professional. Without exception, all of our compensation [and classification] studies have successfully met all of our intended commitments; communications were successful with employees, supervisors, management, and employee representatives; and we were able to assist each agency in successfully implementing our recommendations. All studies were brought to completion within stipulated time limits and proposed budgets. The firm's long list of clients is indicative of its reputation as being a quality organization that can be relied upon for producing comprehensive, sound and cost-effective recommendations and solutions. Koff & Associates has a reputation for being "hands-on" with the ability and expertise to implement its ideas and recommendations through completion in both union and non -union environments. Koff & Associates relies on our stellar reputation and on the recommendations and referrals of current clients to attract new clients. Our work speaks for itself and our primary goal is to provide professional and technical consulting assistance with integrity, honesty, and a commitment to excellence. The fact that we have not had any formal appeals in our thirty years in business, working with hundreds of public 2835 Seventh Street, Berkeley, California 94710 1510.658.5633 I www.KoffAssociates.corn 13 Comprehensive Compensation Study and Analysis Proposal City of National City agency clients and completing hundreds of classification and compensation studies, a fact about which we are very proud. We take a unique approach that encourages stakeholder participation through interactive communication and education in each phase of every project. This emphasis on client customization, coupled with our expertise in implementing recommendations, is critical to bringing each project to a successful conclusion in both union and non -union environments. The educational aspect of our projects expands to all stakeholders, and we pay special attention to educating and training human resources and project staff in our methodologies and the interpretation of best practices, industry standards, and best management policies. City of National City staff training and thorough documentation ensure that the City can seamlessly implement our recommendations and maintain and administer its new/updated compensation plan going forward. We are always on stand-by for any questions that may come up in the future. Once we complete a study or project, we don't just walk away; rather, we will continue our relationship with our client for any future support they may need. Our goal is to become and remain our client's trusted advisor and HR business partner. Team Qualifications All members of our team have worked on multiple, comprehensive compensation studies and are well acquainted with the wide array of public sector compensation structures, organizational structures, and classification plans, as well as the challenges and issues that arise when conducting studies like this. The next page shows our organization chart for our staff of fourteen (14). 2835 Seventh Street, Berkeley, California 94710 p 510.658.5633 www.KoffAssociates.com 14 Comprehensive Compensation Study and Analysis Proposal City of National City GEORG KRAMMER, CEO KATIE KANEKO, President RUTH ZABLOTSKY Administrative Analyst KATHY CROTTY LENISSA DUMLAO — Administrative Assts. EILEEN KING Marketing Consultant DEBBIE OWEN Sr. Project Manager ALYSSA THOMPSON Project Manager No subcontractors will be retained for this proiect. Georg S. Krammer, M.B.A., S.P.H.R. Chief Executive Officer BARBARA DAVIS ANNE HAYES Senior Consultants RICKI AKIWENZIE ASHLEY ARMSTRONG CINDY HARARY KENDRA HASH Consultants Georg brings close to twenty (20) years of management -level human resources experience to Koff & Associates with an emphasis in organizational development; classification and compensation design; market salary studies; executive and staff recruitment; performance management; and employee relations, in the public sector, large corporations and small, minority -owned businesses. After obtaining a Master of Arts in English and Russian and teaching credentials at the University of Vienna, Austria, Georg came to the United States to further his education and experience and attained his Master of Business Administration from the University of San Francisco. After starting his HR career in Wells Fargo's college recruiting department, he moved on to HR management positions in the banking and high-tech consulting industries. With his experience as a well-rounded senior HR generalist, his education in business and teaching, and his vast experience with public sector HR programs and functions, Georg's contribution to K&A's variety of projects greatly complements our consulting team. Georg joined K&A in 2000 and has been the firm's Chief Executive Officer since 2005. Georg will be assigned as Project Director (i.e., Principal in Charge) for the project and coordinate all of K&A's efforts. He will attend all meetings with the City and be responsible for all work products and deliverables. 2835 Seventh Street, Berkeley, California 94710 C 510.658.5633 www.KoffAssociates.com 15 Comprehensive Compensation Study and Analysis Proposal City of National City Alyssa Thompson, Ph. D. Project Manager • Alyssa earned a Bachelor's degree in Psychology with a minor in Sociology -Organizational Studies from the University of California, Davis, and a Ph.D. in Organizational Psychology from Alliant International University. She brings with her over ten (10) years of human resources experience in classification and compensation analysis and development, performance management, affirmative action program development, and recruitment. Alyssa also has experience in designing and conducting quantitative and qualitative research studies. Since joining the firm in 2007, Alyssa has led and worked on well over one hundred (100) classification, compensation, organizational assessment, and recruitment projects for cities, counties, and special districts such as cities of Anaheim, Bellflower, Claremont, Fremont, Madera, Monterey, Orange, Sacramento, and Santa Barbara, counties of San Mateo and Tehama, Alameda County Transportation Commission, Berkeley Unified School District, Central Contra Costa Sanitary District, Dublin San Ramon Services District, East Bay Municipal Utility District, Midpeninsula Regional Open Space District, Mount San Antonio College, Oakland Housing Authority, Orange County Sanitation District, Sacramento Council of Governments, Santa Clara Valley Water District, Superior Court of California — County of Orange, and Vallejo Sanitation and Flood Control District. Alyssa will provide consultant support throughout the effort, including compensation analysis, internal job analysis, development of recommendations, and implementation strategies. Anne Hayes Senior Consultant Anne earned a Bachelor's degree in Mathematics and Economics from the University of California, Santa Barbara. Her specialized, diverse experience includes 10 years in the private sector, with 5 years in a management role where she gained experience in assessment analysis, and furthered business performance through the implementation of personnel policies and practices to ensure regulatory compliance, and facilitate the recruitment and retention strategies of the organization. She transitioned to a role within a non-profit organization, specializing in providing labor relations representation to public sector employers, where she gained extensive project management experience specifically in the areas of classification, compensation, and organizational analysis for public sector agencies. Since joining K&A, Anne has been an integral part of project teams working on classification, compensation, and/or organizational studies for many public sector agencies throughout the state of California including, the Cities of Bellflower, Carmel, Compton, Lafayette, Piedmont, Santa Paula, the County of Sonoma, and the following special districts: Alameda Housing Authority, Alameda County Waste Management Authority, Antelope Valley Transportation Authority, Castro Valley Sanitary District, East Valley Water District, Marin Housing Authority, Mountain House Community Services District, Orange County Sanitation District, and the South Tahoe Public Utility District. Anne will provide consultant support throughout the effort, including compensation analysis, internal job analysis, development of recommendations, and implementation strategies. 2835 Seventh Street, Berkeley, California 94710 1510.658.5633 V www.KoffAssociates.corn 16 Comprehensive Compensation Study and Analysis Proposal City of National City Client References Agency and Project Contact City of Anaheim Classification and total compensation study for Library Services Dept. Ms. Belen Ramirez Senior Class & Comp Analyst (714) 765-5159 201 S. Anaheim Blvd., Suite 501 Anaheim, CA 92805 BRamirez@anaheim.net completed in 2014. Ongoing classification and compensation work (2015). City of Avalon (population 3,773) Compensation Study, 2015; Classification Study, 2014. Ms. Gina Schuchard Financial Consultant (714) 425-7726 410 Avalon Canyon Rd. Avalon, CA 90704 gschuchard@citvofavalon.com Finance Director Salary Survey, 2015 City of Bellflower Total compensation study completed in 2007; compensation study Ms. Susan Crumly Human Resources and Risk Manager (562) 804-1424 16600 Civic Center Dr. Bellflower, CA 90706 scrumly@beliflower.org completed in March 2013. Currently conducting citywide Classification and Total Compensation study. City of Jurupa Valley Citywide classification and total compensation study completed in Mr. Alan Kreimeier Director of Administrative Services (951) 332-6464 8930 Limonite Ave. Jurupa Valley, CA 92509 akreimeier@iurupavallev.org 2015. City of Poway Ms. Tina White Assistant City Manager (858) 668-4413 13325 Civic Center Dr. Poway, CA 92064 twhite@Doway.org Comprehensive classification and total compensation study, completed in 2008. City of Rancho Palos Verdes Currently in the midst of a Citywide Classification and Total Mr. Sean Robinson Human Resources and Risk Manager (310) 544-5331 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 srobinson(Wrpv.com Compensation study for Rancho Palos Verdes. (additional references on next page) 2835 Seventh Street, Berkeley, California 94710 1 510.658.5633 www.KoffAssociates.conn 17 Comprehensive Compensation Study and Analysis Proposal City of National City San Diego Housing Commission Executive Management and total compensation study, 2012. Ms. Tina Holmes Human Resources Manager (619) 578-7741 1122 Broadway, Suite 300 San Diego, CA 92101 tinah@sdhc.org East Valley Water District Comprehensive classification and compensation study completed in 2015. Ms. Kerrie Bryan Human Resources/Risk and Safety Manager (909) 806-4087 31111 Greenspot Road Highland, CA 92346 kbrvan@eastvallev.org • 2835 Seventh Street, Berkeley, California 94710 1 510.658.5633 l www.KofrAssociates.com 18 Comprehensive Compensation Study and Analysis Proposal City of National City PROPOSED PROJECT COS' We want to emphasize that we provide an all-inclusive cost amount for the entire study and do not believe in underpricing the effort or change orders along the way, unless the City requests an obvious and identifiable additional level of effort. if the City feels that any of the above -described project tasks are not needed/desired or other should be added, we will be happy to adjust our cost proposal accordingly. We suggest that the City use this cost proposal as a menu of sorts, and we will be happy to negotiate/determine a final scope of work that will meet the City's needs. Salary and Compensation Stud A. Initial Document Review/Meetings with Study Project Team and Management Staff 8 B. Confirm Comparator Agencies, and Identify Benchmark Classifications, and Benefits to be Collected 4 C. Data Collection (100 benchmark classifications, 18 comparator agencies) 360 D. Analysis and Preliminary Data Review (100 benchmark classifications, 18 comparator agencies) 180 E. Draft Compensation Findings/Additional Analysis/Study Project Team Meeting(s) 70 F. Internal Relationship Analysis and Internal Alignment 12 G. Compensation Structure and Implementation Plan Development 16 H. Preparation of Draft Final and Final Report and Deliverables 16 I. Formal Appeal Process * 0 J. Final Presentation 8 Anticipated additional meetings with Study Project Team, employees, and/or other Stakeholders 12 Total Professional Hours: 686 Combined professional and clerical composite rate: $115/Hour $78,890 Our fee above includes all expenses: Expenses include but are not limited to duplicating documents, binding reports, phone, supplies, postage, parking, meals, travel time, hotels, rental cars, airfare, etc. TOTAL COST FOR PROJECT NOT TO EXCEED: $78,890 *Additional consulting will be honored at composite rate of $115/hour Billing Policies and Procedures: Our typical billing method is to bill monthly in arrears for work completed in the previous month based on percentage of project task completion. We prefer payment within thirty (30) days of receipt of our invoices. 2835 Seventh Street, Berkeley, California 94710 1510.658.5633 J www.KoffAssociates.com 19 Comprehensive Compensation Study and Analysis Proposal City of National City Proposal Signature Page Koff & Associates intends to adhere to all of the provisions described in the RFP. This proposal is valid for 90 days. Respectfully submitted, By: KOFF & ASSOCIATES, INC. State of California November 16, 2015 Georg Krammer Chief Executive Officer Date 2835 Seventh Street, Berkeley, California 94710 J 510.658.5633 I www.kofffAssociates.corn RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KOFF & ASSOCIATES IN AN AMOUNT NOT EXCEED $78,890 FOR THE COMPLETION OF A COMPREHENSIVE COMPENSATION STUDY AND ANALYSIS OF THE CITY'S CONFIDENTIAL, EXECUTIVE, MANAGEMENT, MUNICIPAL EMPLOYEES' ASSOCIATION, AND PART-TIME EMPLOYEE GROUPS WHEREAS, on June 16, 2015, the City Council approved a three-year Labor Agreement between the City and the Municipal Employees' Association ("MEA"); and WHEREAS, under the terms of Article 21 of the Labor Agreement, the City committed to conducting a total compensation survey for the purpose of determining current market placement of classifications represented by MEA, and establishing compensation for such classifications for Fiscal Year 2017; and WHEREAS, in September, 2015, the City Council provided similar market study direction to the City Manager related to the Executive and Management employee groups; and WHEREAS, the last formal compensation study was completed fifteen years ago; and WHEREAS, given the extent of the operational and compensatory relationship between classifications in the MEA employee group and the Confidential and Part -Time employee groups, the scope of the RFP was expanded to include those two groups, but there is no obligation on the part of the City to adjust compensation for those two groups based on the results of the study; and WHEREAS, after completing an evaluation of the three responsive proposal packages and interviewing each firm, staff recommends entering into an Agreement with Koff & Associates for a comprehensive classification study for an amount not to exceed $78,890. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Koff & Associates for an amount not exceed $78,890 for the completion of a comprehensive compensation study and analysis of the City's Confidential, Executive, Management, Municipal Employees' Association, and Part -Time employee groups. PASSED and ADOPTED this 1st day of December, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 77 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work of PAL General Engineering, Inc. for the Community Corridors Improvement Project, CIP No. 12-05, 2) approving the final contract amount of $2,858,027.18, 3) ratifying the r CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work of PAL General Engineering, Inc. for the Community Corridors Improvement Project, CIP No. 12-05, 2) approving the final contract amount of $2,858,027.18, 3) ratifying the release of retention in the amount of $142,901.42, and 4) authorizing the Mayor to sign the Notice of Compietion for the project. AGENDA ITEM NO. lok% Pt EPAr EO E Y: Jose Lopez, Civil Engineering Tech. PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: I. Explanation 2. Notice of Completion 3. Final Contract Balance Sheet 4. Resolution EXPLANATION The Community Corridor Improvements Project, CIP No. 12-05, completed the following improvements to three (3) Community Corridors in National City: 4th Street: The Project implemented pedestrian/bicycle enhancements and traffic calming measures along 4th Street from Roosevelt Avenue to Harbison Avenue. Improvements included roughly 2.0 miles of Class II bicycles facilities (striped bike lanes, bike signage, and bicycle detector loops and green bicycle boxes at signalized intersections), high -visibility crosswalks, curb extensions, pedestrian refuge islands, signing and striping, and reverse angle parking_ Coolidge Avenue/18th Street: The project implemented pedestrian/bicycle enhancements and traffic calming measures along Coolidge Avenue from 18th Street to Plaza Boulevard, and along 18th Street from Wilson Avenue to "D" Avenue. Improvements included new sidewalks, ADA curb ramps, curb extensions, crosswalks, a raised speed table, signing and striping, bike lanes, landscape/hardscape, and lighting enhancements. "D" Avenue: The project implemented pedestrian/bicycle enhancements and traffic calming measures along "D" Avenue from Division Street to 30th Street. Improvements included roughly 2.0 miles of Class II and III bicycle facilities (striped bike lanes, bike signage, sharrow pavement markings, and bicycle detector loops and green bicycle boxes at signalized intersections), high -visibility crosswalks, curb extensions, pedestrian refuge islands, and reverse angle parking. Bicycle enhancements where also implemented along 30th Street between "D" Avenue and Hoover Avenue, and along Hoover Avenue between 30th Street and the entrance to the Sweetwater River Bikeway at 33rd Street. In June, 2013, the bid solicitation was advertised in local newspapers and posted on the City's website for the Community Corridor Improvements Project, CIP No. 12-05. On July 22, 2013 four sealed bids were received by the 3:00pm deadline, opened and publically disclosed. PAL General Engineering, Inc. was the apparent low bidder with a total bid amount of $4,212,486.25. Upon review of all documents submitted and reference checks, PAL. General Engineering, Inc. was the lowest responsible bidder qualified to perform the work as described in the project specifications. On August 20, 2013, the City Council adopted Resolution No. 2013-121 awarding the contract to PAL General Engineering, Inc. in the amount of $4,212,486.25 and authorized a 25% contingency in the amount of $631,872.94 for any unforeseen changes. The Notice to Proceed with construction was issued on August 29, 2013, with a construction start date of August 29, 2013. The project was completed to the satisfaction of the City Engineer on July 10, 2015. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $153,038.75, while line item adjustments decreased the contract by $1,507,497.82, tor a net decrease of $1,354,459.07 to the contract. This results in a 32.1 % contract decrease for a final contract balance of $2,858,027.18. The majority of the deduction, $1,168,375.22, was due to removing the "D" Avenue and 12th Street roundabout from the contract. As a result of satisfactory completion of the project, staff recommends that City Council: 1) accept the work of PAL General Engineering, Inc. for the Community Corridors Improvement Project, CIP No. 12-05, 2) approve the final contract amount of $2,858,027.18, 3) ratify the release of retention in the amount of $142,901.42, and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on July 11, 2015 of the Community Corridors Improvements Project, CIP No. 12-05 Work of improvement or portion of work of improvement under construction or alteration. Various locations in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with PAL General Engineering, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: Concrete, masonry, asphalt, irrigation, landscaping, Street Lighting, signing, striping and pedestrian traffic signal equipment. Equipment: Paving and excavation equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: July 11, 2015; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 9I950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. 1 declare under penalty of perjury that the forgoing is true and correct. Executed on July 11, 2015 at, National City, California. Signature: RON MORRISON, MAYOR Nnc 12-05 CALIFORNIA NANA()INAL r } xNCOEPORATED FINAL CONTRACT BALANCE DATE: July 10, 2015 PROJECT: Community Corridor Improvements Project FY 12-13 CIPNo. 1205 TO: PAL General Engineering Inc. 5734 Eastgate Mall San Diego, CA 92121 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $4,212,486.25 September 27, 2013 July 10, 2015 240 Working Days 176 Working Days 416 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1. The City Council awarded the Contractor's written grand total amount for the project in the amount of $4,212,486.25. The Contractors line items sum did not match the final written grand tntaii mount on the hid documents The i ine items sum needs to be lowered $8,240 to match the $4,212,486.25 original written bid amount. Line Item 38, Crushed Aggregate Base was corrected to match the total contract amount. This Change Order resulted in a no change to the contract in the amount of $ 0.00. Change Order #2. After reviewing the plans and having field meetings with Robert Hernandez, City Fire Marshall, and Sweetwater Authority it was determined to leave the Fire Hydrant in its current location. Remove Bid Item No. 15 "Fire Hydrant Relocation (including new service line, appurtenances) per Sweetwater Authority Standards and Specifications (replace curb, gutter, sidewalk and asphalt to match existing)" from the contract. This Change Order : ed,.,,cd the contract amount by $ (5,420.00). Change Order #3 The City Engineer directed all lighting fixtures to be upgraded from induction fixtures to LED fixtures. This Change Order total amount was $ 8,618.40. FINAL CONTRACT BALANCE Community Corridors Improvement Project OP No. 12-05 Change Order #4. On May 6, 2014 extra work was conducted by PAL General Engineering because the plans called for the Sewer Manhole on 18th Street at Station 4+44 be adjusted to grade. The adjustment to grade could not be accomplished by adjustment rings only therefore qualifies as a modification or reconstruction. The work proceeded by time and materials under the direction of the Engineer. This Change Order total amount was $ 2,195,00, Change Order #5. The city engineer directed the installation of temporary striping along 18th Street between Harding and Hoover Avenue and additional red curb in front of Kimball Elementary for School Bus dropoff/ pickup location. This Change Order total amount was $ 1,106.54. Change Order #6. The Survey monument at station 4+40 in the intersection of 18th Street and Coolidge Ave needed to be removed and replaced due to the changes in the grades. This was not in the original scope of work, This Change Order total amount was $ 410.28. Change Order #7. Within the project limits but not under the scope of the project there was sections of curb and gutter in front of 1732 Coolidge Ave and 228 17th Street that were in bad shape adjacent to new improvements. Under direction of the engineer the Contractor removed and installed new curb and gutter. This change order is to cover the cost of demolition with the installation to be charged under bid item #73 " 8" Type G Concrete Curb & Gutter, per SDRSD G-2." This Change Order total amount was $ 900.00. Change Order #8. During construction of the street section on 4th street bad areas of asphalt adjacent to the work limits were discovered. To provide a uniform finish and look the work limits were extended in two areas approximately 5'x8' and 12'x2'. The Contractor proceeded with grind and overlay in these areas under the direction of the Engineer. This Change Order total amount was $ 1,169.63. Change Order #9. At the intersection of 16th and Coolidge the cross slope is greater than 5% which is not ADA compliant and is not indicated on plans tor replacement. It was determined by the RE that these grades can be corrected and brought into ADA compliance, the issue was resolved by design team, Kimley-I-iorn. To resolve the issue approximately 4380 Square feet was grindeu and overlaid. The cost for materials were billed under line item 76 "Asphalt Concrete Pavement." This Change Order total amount was $ 13,705.33. Change Order #10. 6"-8" of concrete was discovered beneath the asphalt on Civic Center Drive and Coolidge Ave between stations 1+43 and 7+80. Due to the soundness of the existing street section the only removals needed were to make the required grades. Under the direction of the Engineer the Contractor removed 7,833 square feet of concrete and 2,736 square feet was left in place. The agreed upon unit cost shall be $3.00 per square foot of concrete removed and a credit of $0.65 per square foot of concrete left in place for the soil/base material not being removed. This Change Order total amount was $ 21,720.60. Change Order #11. 6"-8" of concrete was discovered beneath the asphalt on Civic Center Drive and Coolidge Ave between stations 1+22 and 2+45. To make the required grades and the plans finished FINAL CONTRACT BALANCE Community Corridors Improvement Project CIP No. 12-05 grade the concrete had to be removed. Under the direction of the Engineer the Contractor removed 2,405 square feet of concrete. The agreed upon unit cost shall be $3.O0 per square foot of concrete removed. This Change Order total amount was $ 7,215.00. Change Order #12. The original plans did not ca!l for an enclosure to protect the backflow assembly at the Northeast corner of 16th Street and Coolidge Avenue. The Engineer directed that a backflow enclosure be installed, This Change Order total amount was $ 1,926.18. Change Order # 13. April 10, 2014 the Contractor departed site with hazardous and unsafe conditions within the pedestrian public right of way. Under the direction of the City Engineer City Crews were deployed to restore public right of way for pedestrian safety and create hazard free conditions. These unsafe conditions were throughout the 1400 block of Coolidge Avenue and consisted of demolished sidewalk, concrete debris, open excavations, and no safe pedestrian routes. This Change Order reduced the contract amount by $ (5,670.71). Change Order # 14. To improve the overall finish of the project the Engineer deleted hydro -seed from parkways between 18th Street and Civic Center Drive along Coolidge Avenue and directed to procure and install mulch for parkways located along Coolidge Avenue Improvements. Excludes areas in front of school along 18th Street. This Change Order total amount was $ 6,968.83. Change Order#15. To make the new improvements match the existing improvements with ADA compliance an extra driveway had to be removed at 1410 Coolidge Avenue to correct an uneven surface. Under the direction of the Engineer the extra driveway was removed and disposed. The extra driveway placed was billed under line item 71, "concrete driveway (all types)." This Change Order total amount was $ 552.00. Change Order #16. During the demolition of the Street section at Coolidge Avenue and Civic Center Drive petromat was found in the existing asphalt section. The dump fees for the asphalt with petromat is more expensive than just the asphalt alone. The asphalt dump tickets are approximately $100, and the asphalt dump tickets with petromat are $285. Creating a difference of $185 per dump. This Change Order total amount was $ 1,554.00. Change Order # 17. Due to design changes of full section removal to grind and overlay on 5/21/14 the trench crossings on the East and West Side of Coolidge Avenue across Civic Center Drive had to be sawcut. The approximate section is 4" AC over 4" PCC for a total of 120 linear feet. This Change Order total amount was $ 740.25. Change Order #18. Procure and install additional 3" gate valves for the irrigation system at Coolidge Ave per revised irrigation plans from Kimley-Horn dated 4.3.14. This Change Order total amount was $ 8,779.73. FINAL CONTRACT BALANCE Community Corridors Improvement Project CIP No. 12-05 Change Order #19. The service meter pedestal at the Southwest corner of Coolidge Ave and Plaza Boulevard had to be relocated out of the Caltrans right of way. This was discovered after the service meter pedestal was already installed. This Change Order total amount was $ 3,794.10. Change Order #20. The City Engineer directed the installation of loading zone signs in front of Kimball Elementary and replacing a post for a Flashing Speed Limit Sign along 18th Street between Harding and Coolidge Avenue. This Change Order total amount was $ 866.25. Change Order #21. The City Engineer directed that the following intersections along Coolidge Avenue be changed from yield signs to stop signs: 11th Street, 12th Street, 14th Street, 15th Street, 16th Street and 17th Street. The work consisted of removing the old yield signs and legends and replacing with new stop signs, stop bars and stop legends. This Change Order total amount was $ 6,762.00. Change Order #22. The City and the Contractor agree that all work for the 12th Street and D Avenue Roundabout location shall be removed from the contract. This Change Order reduced the contract amount by $ (1,168,375.22). This Change Order total amount is reflected in the associated line items of work. Change Order #23. Per Kimley •thorn's "Construction Review for Traffic items on the Community Corridor Projects" dated November 16, 2014, suggested construction changes were added to the Contract by the City Engineer. This Change Order total amount was $ 2,787.75. Change Order #24 The City Engineer directed the installation of additional pedestrian crosswalks, pedestrian barricades and crosswalk signage at the intersection of 12th Street and Coolidge Avenue. This Change Order total amount was $ 4,914.00. Change Order #25. Per Kimley-Horn's "Roosevelt Avenue Signing and Marking Plan" additional signing and striping was added to the Contract by the City Engineer. This Change Order total amount was $ 9,481.50. Change Order #26. To improve the overall asphalt surface on D Avenue between 9th Street and Plaza Boulevard the City Engineer directed Type 2 Rubberized Emulsion Aggregate Slurry (PEAS) be placed. 'This Change Order total amount was $ 11,. 32,m. Change Order #27. The Sewer lateral on 18th Street between Coolidge Avenue and Harding Avenue was discovered to be damaged. Under the direction of the Engineer the Contractor proceeded with the repair under time and materials. This Change Order total amount was $ 11,915.09. Change Order #28. The storm drain and sewer manhole within the intersection of Civic Center Drive and Coolidge Avenue did not match the new grades and had to be modified. Under the direction of the Engineer the Contractor proceeded with the modification under time and materials. This Change Order total amount was $ 7,032.06. FINAL CONTRACT BALANCE Community Corridors Improvement Project CIP No. 12-05 Change Order #29. Additional trench repair and paving was needed during the installation of the bike detector loops at 4th Street and Palm Avenue. Under the direction of the Engineer the Contractor proceeded under time and materials. This Change Order total amount was $ 1,441,14. Change Order #30. During the installation of the bike detector loops at 4th Street and Palm Avenue damaged conduit was discovered. Under the direction of the Engineer the Contractor proceeded under time and materials to repair the damaged conduit, This Change Order total amount was $ 2,111.80. Change Order #31. The Contractor had to re -dig a street light foundation at 15th Street and Coolidge Avenue because the original plan location had utility conflicts. Under the direction of the Engineer the Contractor proceeded under time and materials. This Change Order total amount was $ 1,392.27. Change Order #32. Hand watering the Trees and Plants was required until SDG&E energized the Irrigation Controller. The delay for energizing was issues with SDG&E and out of the Contractor's control. The Contractor provided hand watering for the Trees and Plants twice a week. This Change Order total amount was $ 2,019.29. Change Order #33. Galvanized fittings were not suitable for the backflow preventer at 16th Street and Coolidge Avenue and had to replaced with brass fitting per industry standards. This Change Order total amount was $ 1,484.16. Change Order #34. At the Intersection of 26th Street and D Avenue a separate pedestrian push button post was required to meet ADA standards for the Pedestrian Flasher System installed at the crosswalk. This Change Order total amount was $ 3,381.73. Change Order #35. SDGE rejected the unmetered pedestal (Panel A) at the Southwest Corner of Coolidge Ave and 15th Street because they required a metered pedestal. The plans specified an unmetered pedestal (Panel A) at this location. The Contractor replaced the unmetered pedestal with a metered pedestal. This Change Order total amount was $ 3,213.30. Change Order #36. A new striping layout was created to provide additional parking on A Avenue. The Contractor proceeded with the additional striping on "A" Avenue per Kimley-Ftorn's Plan Sheet. This Change Order total amount was $ 7,019,,25. Change Order #37. This Change order summarizes all the additional working days needed throughout the project. Unforeseen delays caused by SDGE with not providing power to the lighting and irrigation system on Coolidge Avenue for 45 working days. Additional signing and striping directed by the city created 20 working days to procure and install. Additional Pedestrian Crosswalk equipment out of the original scope was ordered at the end of the project with a long lead time creating 111 additional working days to procure and install. This Change Order resulted in a time only change order adding 176 Working Days to the Contract in the amount of $ 0.00. FINAL CONTRACT BALANCE Community Corridors Improvement Project CIP No. 12-05 Ail Change Orders listed above increased the total contract Working Days by 176. (Refer to CO#37) All Change Orders listed above increased the total contract amount $ 153,038.75. There were numerous line item adjustments per the attached FINAL BILLING STATEMENT that resulted in a total deduct of $ (1,507,497.82). The majority of this deduction was due to removing the "D" Ave and 12th Street Roundabout from the Contract. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 2,858,027.18. 2. As a result of the satisfactory completion of said project, a retention amount of $ 142,901.42 has been released. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. PAL General Engineering Inc. will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY PAL GENERAL ENGINEERING, INC., APPROVING THE TOTAL FINAL CONTRACT AMOUNT OF $2,858,027.18, AUTHORIZING THE MAYOR TO EXECUTE THE NOTICE OF COMPLETION, AND RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $142,901.42, FOR THE COMMUNITY CORRIDORS IMPROVEMENT PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by PAL General Engineering, Inc., for the total final contract amount of $2,858,027.18, for the Community Corridors Improvement Project has been completed, the City Council of National City hereby accepts said work, approves the final contract amount of $2,858,027.18, authorizes the Mayor to execute the Notice of Completion, and ratifies release of the retention in the amount of $142,901.42. PASSED and ADOPTED this lst day of December, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 89 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of "KEEP CLEAR" pavement markings on the westbound travel lanes of W. 19th Street in front of the ingress and egress driveways servicing 1001 W. 19th Street. (Costco CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of "KEEP CLEAR" pavement markings on the westbound travel lanes of W. 19th Street in front of the ingress and egress driveways servicing 1001 W. 19th Street. (Costco Optical Laboratory and Distribution Center) (TSC No. 2015-18) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMFNDATION: Adopt the Resolution authorizing the installation of "KEEP CLEAR" pavement markings on the westbound travel lanes of W. 19th Street in front of both driveways for 1001 W. 19th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 14, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install "KEEP CLEAR" pavement markings for westbound traffic in front of both driveways for 1001 W.19th Street. ATTACHMENTS: 1. Explanation w/ Location Map 2. Staff Report to the Traffic Safety Committee on October 14, 2015 (TSC No. 2015--18) 3. Notice to area residents and property owners 4. Resolution EXPLANATION Ms. Monica Vallejo, COSTCO Optical Lab Administrative Manager, has requested, on behalf of her employer and its employees, the installation of "KEEP CLEAR" pavement markings on the westbound travel lanes of W. 19th Street in front of both driveways to the COSTCO facility located at 1001 W. 19th Street. The request is to improve ingress and egress for employees, delivery vehicles, and emergency vehicles accessing the business. During peak periods, vehicles stopped at the traffic signal at the intersection of W. 19th Street and Tidelands Avenue periodically queue past the driveways, thereby preventing ingress and egress. On October 14, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install "KEEP CLEAR" pavement markings with a R10-7 "Do Not Block Intersection" sign for westbound traffic in front of both driveways servicing 1001 W 19th Street to discourage vehicles stopped at the traffic signal at the intersection of W. 19th Street and Tidelands Avenue from blocking the driveways. The existing railroad crossing advanced warning pavement markings for westbound traffic will be relocated approximately 170 feet east to allow for the new "KEEP CLEAR" pavement markings. Ms. Vallejo was present at the meeting and spoke on behalf of the item. There was no public opposition to the item. Staff sent letters to area businesses and property owners inviting them to attend the City Council Meeting on December 1, 2015. If approved by City Council, all work will be performed by City Public Works. Location Map (TSC Item: 2015-18) :-...f11-11111-- 4 . Irr„ rij 7-, tous ib000ltWO - , .• er.c • . . " 7 •1 • rl • 1- s 41( gify k iff 1-- ..4 ...- • .., Cto 41:5' br{C' -0 - !,1 4 t• 3n11AV AVVII 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 14, 2015 ITEM NO,. 2015-18 . ITEM TITLE: REQUEST FOR INSTALLATION OF "KEEP CLEAR" PAVEMENT MARKINGS ON THE WESTBOUND LANES OF W. 19TH STREET IN FRONT OF THE INGRESS AND EGRESS DRIVEWAYS OF 1001 W. 19r" STREET (COSTCO OPTICAL e sC®ATORY AND D!ST9.1E2Ea MOM CEN 116 fa GG Ev�L _.�M!^`d � �.,. �L C rUee�� "_3'�c3' e i`_G� �-, � i �1,�-�1 �'I�.EL" E' ..�:!': VALLEJO, COSTCO OPTICAL LAB ADMINISTRATIVE MANAGER] PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Monica Vallejo, COSTCO Optical Lab Administrative Manager, has requested, on behalf of her employer and its employees, the installation of "KEEP CLEAR" pavement markings on the westbound travel lanes of W. 19th Street in front of both driveways to the COSTCO facility located at 1001 W. 19th Street. The request is to improve ingress and egress for employees, delivery vehicles, and emergency vehicles accessing the business. During peak periods, vehicles stopped at the traffic signal at the intersection of W. 19th Street and Tidelands Avenue periodically queue past the driveways, thereby preventing ingress and egress. Engineering Staff confirmed that during morning peak periods of commuting activity on westbound W. 19th Street, vehicles periodically queue through the east leg of the intersection or in preparation of crossing or turning onto Tidelands Avenue during the stop (red light) signal phase. STAFF RECOMMENDATION: Staff recommends installation of "Keep Clear" pavement markings with a R10-7 "Do Not Block Intersection" sign for westbound traffic in front of both ingress/egress driveways of 1001 W 19th Street to discourage vehicles stopped at the traffic signal at the W. 19th Street and Tidelands Avenue intersection from queuing (stacking) thrcu:gh the east irr. cf the intersection or in preparation o; crossing or turning onto Tidelands Avenue during the stop (red light) signal phase. EXHIBITS: 1. Correspondences 2. Location Map 3. Photos 2015-18 Ken Fernanalez City Engineer City of National City August 24, 2015 Dear Ken Fernandez, Our facility is an Optical Laboratory as well as a Distribution Center. We are currently experiencing difficulty accessing and exiting the facility in the morning due to the high volume of traffic going into the military base on W19th Street. The access and ability to enter and exit is imperative to the operation of our business. There is also a concern if an emergency were to occur emergency services would not have access to our facility. We are seeking a "keep clear" painted space at both the entrance and exit to our facility. We are very grateful for your attention and or suggestions to his matter. Kind regards, Monica Vallejo Administrative Mgr Costco Optical Lab 908 619 336-3307 1001 W. 19th St • National City, CA 91950 • 6 7 9/336.3301 • Fax 619/477-5647 • www.ex stco.com � "" -4! 824P2O15 imege014Jpg hupe*naii.googiacam/ Fscs/melt-etalcUalk=gmai1.meinendDv024MPbOA.Olm�m_jabtrn-PfMelj79 4gspiWipl c-8-e01imPirrrroM(7AWA 83-H8.- 1/1 01242015 imege010.jpg hilpsJimeil.googiscrxrU tall -ate jaik=gmall.matru n.IDv024MPbOA.Qtm=m i 3,1t/em=PIMeA179 4expit4Wc AWA 83-118... 1/1 Ors. rW1;t 111 t x. ti' ap,p i 1 p Si 3 Pete Soto Costco 908 Surface Mgr. (619) 336-3308 Pete Soto Costco 908 Surface Mgr. (619) 336-3308 5 Location Map (TSC Item: 2015-18) (Westerly) Egress Driveway r e COSTCO OPTICAL LABORATORY & DISTRIBUTION CENTER 1001 W. 19TH STREET • I • • e • , • ? • .5 . 0 • • •• t•••• Install "KEEP CLEAR" pavement markings and R10.7 "Do Not Block Intersection" Signage DO NOT BLOCK iparamt A rill ea; II ""' 'Z., ->phaimr.,Z • z • A IV 'NTH STREET 1 i'•::(*;.-ICX i, (f•-v ,-,_. .., . - v' r, , 1 mil tz, 0 •z-,-%, 1 ftwintoaptrom mtiocap*, -,acallwItA, ma ticti will Location #1: Proposed "KEEP CLEAR" Pavement Marking with "Do Not Block Intersection" signage at 1001 W.19th Street (looking east) Location #2: Proposed "KEEP CLEAR" Pavement Marking with "Do Not Block Intersection" signage at 1001 W.19th Street (looking southeast) I s aTir" 1r ,+ I iU IIIIIIIIMr III . - t �^ r.e y N 1 i /4111 h,» o 14, 41,4 . Rlr0 a r_ 4ifIF; Mir q. ‘r^t trrulii. I N ii 's 4151 Location #2: Proposed "KEEP CLEAR" Pavement Marking with "Do Not Block Intersection" signage at 1001 W. 19th Street (looking south) from inside the property November 16, 2015 CALRFORNIA �« likTIONAL Orr TL• . NCav ORPORAIIM Business Owner(s)/Property Owner(s) National City, CA 91950 RE: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO, 2015-18 REQUEST FOR INSTALLATION OF "KEEP CLEAR" PAVEMENT MARKINGS ON THE WESTBOUND LANES OF W. 19TH STREET IN FRONT OF THE INGRESS AND EGRESS DRIVEWAYS OF 1001 W. 19TH STREET (COSTCO OPTICAL LABORATORY AND DISTRIBUTION CENTER) Dear Sir/Madame: The City of National City would like to inform you that the subject -referenced item was unanimously recommended for approval by the Traffic Safety Committee on Wednesday, October 14, 2015, (See attached location map). This item will now be presented to the City Council of the City of National City on Tuesday, December 1, 2015, at 6:00 P.M. The meeting will be held in the 2nd floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2015-18. Sincerely, Zo Stephen Manganiello City Engineer SM:kf 2015-18 1243 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering©nationalcityca.gov -Fr oOf? egg& sc.; sI r Location Map (TSC Item: 2015-18) (Westerly) Egress Driveway #;. • COSTCO OPTICAL LABORATORY & DISTRIBUTION CENTER 1001 W. 19T" STREET Install "KEEP CLEAR" pavement markings and R10-7 "Do Not Block Intersection" Signage ; •• I t t :a 7 ••• • •ti • •••• =Jr, • 7,1- " s 1.11;i't 41; 1 4 t 7 !0, * 7. -7- ••"••••"' * • ; 7Z.. *.Ls: ;-,(.&.•=1„,_ mat .;.4404 tit g II • 7-71 simeek .113 ;rk I 1.44t ;7:1 ft• 'op?" •aft1.11;1-. "1.7_ ,,17= • • . It STREET L. . • ie-44811r1011 4 _ 4101‘-*11131ijaicalti - • .39ttIM WI! 41kW1:12MIV RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "KEEP CLEAR" PAVEMENT MARKINGS ON THE WESTBOUND TRAVEL LANES OF WEST 19TH STREET IN FRONT OF THE INGRESS AND EGRESS DRIVEWAYS SERVICING 1001 WEST 19T" STREET WHEREAS, COSTCO Optical Laboratory and Distribution Center has requested the installation of "KEEP CLEAR" pavement markings on the westbound travel lanes of West 19th Street in front of both driveways to the COSTCO facility located at 1001 West 19th Street to improve ingress and egress for employees, delivery vehicles, and emergency vehicles accessing the business; and WHEREAS, during peak periods, vehicles stopped at the traffic signal at the intersection of West 19th Street and Tidelands Avenue periodically queue past the driveways, preventing ingress and egress; and WHEREAS, on October 14, 2015, the Traffic Safety Committee unanimously approved staff's recommendation to install "KEEP CLEAR" pavement markings with a R10-7 "Do Not Block Intersection" sign for westbound traffic in front of both driveways servicing 1001 West 19t" Street to discourage vehicles stopped at the traffic signal at the intersection of West 19th Street and Tidelands Avenue from blocking the driveways. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of "KEEP CLEAR" pavement markings with a R10-7 "Do Not Block Intersection" sign for westbound traffic in front of both driveways servicing 1001 West 19th Street to improve ingress and egress for employees, delivery vehicles, and emergency vehicles accessing the business. PASSED and ADOPTED this 1st day of December, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 109 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the conversion and installation of 30 feet of unrestricted curbside parking to "yellow curb", Commercial Loading in front of 1010 W. 19th Street. (Q.E.D. Systems, Inc.) (TSC No. 2015- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the conversion and installation of 30 feet of unrestricted curbside parking to "yellow curb", Commercial Loading in front of 1010 W. 19th Street. (Q.E.D. Systems, Inc.) (TSC No. 2015-19) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 1 Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the conversion and installation of 30 feet of yellow curb, commercial loading in front of 1010 W. 19th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 14, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to convert and install yellow curb, commercial loading in front of 1010 W. 19th Street. ATTACHMENTS: 1. Explanation w/ Location Map 2. Staff Report to the Traffic Safety Committee on October 14, 2015 (TSC No. 2015-19) 3. Notice to area residents and property owners 4. Resolution EXPLANATION Mr. Jonathan Oyler, representative for the management of Q.E.D. Systems, Inc., located at 1010 W. 19th Street, has requested conversion of 30 feet of unrestricted curbside parking in front of the business to yellow curb "Commercial Loading". Staff visited the site and confirmed that there is no available off-street parking in front of the property for larger vehicles. The on -street parallel parking space measures approximately 30 feet. Additionally, the property has a large rear area that can accommodate large, infrequent shipments. However, it is well secured and does not appear to be conducive to business with respect to small day-to-day deliveries Based on the type of business, staff agrees that yellow curb "Commercial Loading' is appropriate. While commercial vehicles may currently park in the unrestricted curbside parking, it is possible that non-commercial vehicles may already be parked there for up to 72 consecutive hours. Provision of yellow curb limits non-commercial vehicles to three (3) minutes for loading/unloading purposes. On October 14, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install 30 feet of "yellow curb," commercial loading restricted parking to facilitate delivery parking turnover at 1010 W. 19th Street. There were no representatives present at the Traffic Safety Meeting in favor of the item. Conversely, there was no public opposition to the item either. Staff sent letters to area businesses and property owners inviting them to attend the City Council Meeting on December 1, 2015. If approved by City Council, all work will be performed by City Public Works. 4-4 4r, 9c° c- 407 4. 7-41 1 - ' ' ;21 31411/' iCCIA4 t4C' 44. ' • j434 444 itIW :?t-otigt,c;ittal 4#14 *a if 4 — Location Map (TSC Item: 2015-19) r• -4; 5.45 awn Q.E.D. SYSTEMS, INC. 1010 W. 19TM STREET — — ..f- ''. 1 ', t 4...• J ir i , t6 ''•"'u ''. • • . • .1, ! =.• Tea,. 4 . , 4 • "..1 4 1 1 5 t T 1 /1711 '., . ...1..; • .-.. '1)• ,... t ix T5 Li Iminiaiimil ._5117,7 u*iteria „ • 7 (7ii c= ) 4 '115, W 19TH STREET omegmaren swg . Tifin 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 14, 2015 ITEM NO. 2015-19 I ITEM TITLE: REQUEST FOR CONVERSION OF 30 FEET OF UNRESTRICTED CURBSIDE PARKING TO YELLOW CUR "COMMERCIAL LOADING" IN FRONT OF 1010 W. 19TH STREET Q.E.D. SYSTEMS, INC.) (BY: J. OYLER) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Jonathan Oyler, representative for the management of Q.E.D. Systems, Inc., located at 1010 W. 19th Street, has requested conversion of 30 feet of unrestricted curbside parking in front of the business to yellow curb "Commercial Loading". Mr. Oyler stated that there is no parking available on -site for loading and unloading of mail, packages, and other deliverables. Provision of a commercial loading zone in front of the business would greatly assist daily operations. Staff visited the site and confirmed that there is no available off-street parking in front of the property for larger vehicles. The on -street parallel parking space measures approximately 30 feet. Additionally, the property has a large rear area can accommodate large, infrequent shipments. However, it is fenced off and does not appear to be conducive to business with respect to small day-to-day deliveries Based on the type of business, staff agrees that yellow curb "Commercial Loading" is appropriate. While commercial vehicles may currently park in the unrestricted curbside parking, it is possible that nor -commercial vehicles may already be parked there for up to 72 consecutive hours. Provision of yellow curb limits non-commercial vehicles to three (3) minutes for loading/unloading purposes. STAFF RECOMMENDATION: Staff recommends conversion of 30 feet of unrestricted curbside Darkina in front of 1010 W. 19th Street (Q.E.D. Systems, inc.) to yellow curb "Commercial Loading" EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2015-19 1111 WI tram ic mailhomitorasshosk 100 HNWatt rMot Sim Wel1.EA MIN Joh tk 1184112412I E>f+ "7 1194112-8122 Fin e h ysinc. Coi Q.E.D. SYSTEMS, INC. submits a request to have a 23 ft section of curb (see picture) designated for a `Loading Zone" in front of address 1010 West 19th St. National City, CA 91950. Rely, Jonathan Oyler tt, 17' - Port of San Diego 477".Cri4ltr Localtion Map (TSC Item: 2015-19) Ube& 651 ••„- " 7. • .•.:: _ . - :31.>‘ ' r4? •,•,.."4/ -7.1 41w, ,.....„.. ,,....e,..„::. ,....,-, 4," \:. irp. 14 4 i le . .,13RA / , ° A * 1 .,.$ _ , ..,.• ..-.--/L,* et d 45'' 44.- , /..- 144,4 - ::- L.16 6r"';''. •- ' ,...%1 ...et. Y.,-• 0'- 4.. 41 I .T' ,.....i •,,,, _ 4.4 —1 . tl-f• ,,..- ...41,..: • , . / „r".• V M 0 Q.E.D. SYSTEMS, INC. 1010 W. 191." STREET I • "22 • "..z. *.) te-A V • ° "7;1 • 1%7 t ; 1,.'• 14: t I '01• L I • t al A • • • . ..hva.ah. T1, • g- =Era '14 —P; W 19TH:S -,„ • " STREET Convert 30 feet of unrestricted parking to yellow curb "Commercial Loading" ILJ • t..., dr‘ i'-- !‘.1 •„, ; ,, It • al .)— ..' - , ty,l ,,..„.,. _ liC ;i • 414Fii 114E01 rifig:ijasernw w) Location of Proposed Yellow Curb "Commercial Loading" in front of 1010 We 19th Street (looking south) Location of Proposed Yellow Curb "Commercial Loading" in front of 1010 W. 19th Street (looking southeast) November 16, 2015 CALIFORNIA NATIONAL Mom` s 1 r 1 -5 d�C�R�[iitAT$� Property Owner(s)/Business Owner(s) National City, CA 91950 RE: TRAFFIC SAFETY COMMITTEE (TSC) !TEM NO. 2015-19 REQUEST FOR CONVERSION OF 30 FEET OF UNRESTRICTED CURBSIDE PARKING TO "YELLOW CURB" COMMERCIAL LOADING IN FRONT OF 1010 W. 19T" STREET (Q.E.D. SYSTEMS, INC.) Dear Sir/Madame: The City of National City would like to inform you that the subject -referenced item was unanimously recommended for approval by the Traffic Safety Committee on Wednesday, October 14, 2015, (See attached location map). This item will now be presented to the City Council of the City of National City on Tuesday, December 1, 2015, at 6:00 P.M. The meeting will be held in the 2nd floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2015-19. Sincerely, 7 . '� 7 Stephen Manganiello City Engineer SM:kf 2015-19 1243 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov - ut);, .qii)) {I i,.g 4t.iii„.(, Y phtt''1.14%-t' ,, '94 gtt. '-',41., •:',Z,!-,i..- '---t-11_.`, .civ, QV lita'Ata - c 114 _,-1,,,,,-.4%:•• - -,,,,, iv. ,,,, HAFFLY AVENUE -• •`-• r4" ±JtJ)1 — A ear kg. • P-5 , ori.4y• L-7) 0 • .r7 .•• t* • Location Map (TSC Item: 2015-19) RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION AND INSTALLATION OF 30 FEET OF UNRESTRICTED CURBSIDE PARKING TO "YELLOW CURB", COMMERCIAL LOADING IN FRONT OF 1010 WEST 19TH STREET WHEREAS, Q.E.D. Systems, Inc., located at 1010 West 19th Street, has requested conversion of 30 feet of unrestricted curbside parking in front of the business to yellow curb "Commercial Loading" to facilitate delivery parking turnover; and WHEREAS, based on the type of business, staff agrees that yellow curb "Commercial Loading" is appropriate; and WHEREAS, on October 14, 2015, the Traffic Safety Committee unanimously approved staff's recommendation to convert 30 feet of unrestricted curbside parking in front of the business to yellow curb "Commercial Loading" restricted parking to facilitate delivery parking turnover at 1010 West 19th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the conversion and installation of 30 feet of unrestricted curbside parking to "Yellow Curb" commercial loading in front of 1010 West 19th Street. PASSED and ADOPTED this 1st day of December, 2015. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 120 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the parcel map and accepting an easement for emergency vehicle access for ingress and egress, along and across all that real property situated at 240 Norton Avenue in the City of Nation CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the parcel map and accepting an easement for emergency vehicle access for ingress and egress, along and across all that real property situated at 240 Norton Avenue in the City of National City. PREPARED BY: Charles Nissley PHONE: 336-4396 EXPLANATION: See attached DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution approving the parcel map and accepting an easement for emergency ohehicis ingress and egress along and across all that real property situated at 240 Norton Avenue. BOARD / COMMISSION RECL MENDATION APPROVED: Finance APPROVED: MIS N/A ATTACHMENTS: 1 _ Explanation 2. Parcel Map 3. Resolution EXPLANATION Mr. Abraham Edid, property owner of 240 Norton Avenue, has started grading his property in preparation for construction of two new single family dwelling units. Access to the property located at 240 Norton Avenue is provided through a private, 20-foot wide easement that extends from Norton Avenue, across the property located at 242 Norton Avenue, and onto the property located at 240 Norton Avenue. The property located at 242 Norton Avenue is also owned by Mr. Edid. Since 240 Norton Avenue does not front the street, resulting in longer distances to fire hydrants, the National City Fire Department has required the owner to provide an easement for emergency vehicle access. The 20-foot wide easement for emergency vehicle access will traverse along the southerly property boundary as shown on the attached parcel map. The property owner is responsible for maintenance of the easement, which has been constructed to accommodate heavy vehicles. The property owner is requesting that the City Council approve the parcel map and accept the easement. Upon approval, the City Clerk will certify the map and route to the title company for recordation by the County Recorder. PARCEL MAP NO. CASE FILE NO. 2014-18 LS IN THE CITY OF NATIONAL CITY OWNER'S CERTIFICATE 1E HERESY CERTIFY THAT NE ARE THE OMENS) OF CPI AFC INTERESTED p1 THE LAMB SUMMED BY NHS MAP AND 1E CONSENT TO THE PREPARATION AND RECORDATION OF TH5 MAP. YE HEREBY DEDICATE TO THE PUBLIC AN EASEMENT FOR EMERGENCY *ECM ACCESS PURPOSES ACGRO55 PARCELS 1 AND 2. • 1IE ALSO RESERVE A 2L' HOE EASEMENT FOR INGRESS, EGRESS AN) 01111 Y PURPOSES M PATIOS. 2 PM THE BENEFIT OF PARCEL 1 ALL AS SHORN 014 MIS MAP, ASSET SENTRY, A a CORPORATOR TRUSTEE, UTA 240-13112B1RU5T DATED 11/22/N3. BY: NAME WARP I7146 to WOE: BM NAM byi4 1L T111E1 P",s.•de.sT r A NOTARY 4UBUC OR OILER OFFICER COEPLEDNS P95 C011N1C'TE FflOFIFS ONLY THE !EMIT OF THE ININIJAL YA40 SEM THE DOCUMENT TO MIEN TITS CER1IF1CA.1E IS ATTACHED, AND NOT THE TRDTHFIRNIESS, ACCURACY, OOR VAIJ'ATY OF THAT OOCUMINT. NOTARY ACKNONVI EDGMENF COUNTY CO' 1 and' ety. S STATE OF CALIFORNIA )S ON %0944641..r lg, 2A15 BEFORE ME N,rwa. C-113c1-4.0.1E7. A NOTARY M2{N• PERSONALLY APPEARED =Ci;nn l'LHert C.0311otoo, L.vulo, l.nu:ak SQ '1. YA1D .11) NUM* MIS OF SATISFACTORY EVEIOIE TO BE TIE PETt51N—S THOSE NAMET$yJB/ R#D 70 THE NM INSTRUMENT PM TO ME HE EXIECUTED SAVE M AUTHORIZED CAP r u y AND 1HA MISrISE C71A ON �kaURUMEN:; THE P r r 7 OR THE Ham LPOM : CH PIE .TOTED. EXECUTED THE INSTRUMENT. I CERTIFY UNDER PONALEY OF PERJURY UNDER 114E RATS Cf THE STATE OF CALFODNA THAT THE FOREGOING PARAGRAPH IS TRUE MD CORRECT. HITLESS MY FUM0,A1{I SIGNATURE Lf �I PHU HANF.: i1\(' O CroYYA.A II 7. LSXMI15SO1 MIME L°Lggg18 MY COVAISSON EXPIRES . . $a, ZO44o PRNOPAJ. PLACE CF BIJSNSS'cje. COIR41Y SIGNATURE OMISSIONS THE 90R&URES OF MC MIMING PARI@S 11A1£ BERM OWED UNDER THE PROVISIONS OF SEEC11a4 66436, SUBSECTION (a)(3)(A)(Q OF THE SIM MSTON MAP ACT. PEN INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE ATE SAD 40NA1URFS ARE NOT ROSINED BY ?E COVERING BODY. SAN DECO CAS R ELECTRIC COMPANY FOR PUBLIC NUDES AND INCIDENTAL PURPOSES RECORDED AUGUST 05, 2004 AS INSTRUMENT NO. 2004-0740721 OF OFFICIAL RECORDS • TIE EXACT LOCATION AND EX'E11D OF SAID EASEMENT PS NOT ISaCEED OF REC0HD. PORTION 07 LOT 26, BLOCK 3, MAP 1404, CRY OF NATIONAL CITY, CALIFORNIA. CASE FILE NO. 2014-18 LS, Z PARCEL MAP GUARANTEE PARCEL. MAP GUARANTEE BY: MOT TOE COMPANY ODDER NO.: SD 1451414 DATED: °ay.-30,1.45 CITY CLERK'S STATEMENT: L HIE DMA. Orr CLERK OF THE COY OF NATIONAL a1Y, DO HEREBY CERTIFY THAT THE CCUNCI. OF SAID CITY HAS APPROVED 112S MAP AND HAS ACCEPTED ON DENOTE OF THE PUBLIC THE EMERGENCY VEHICLE ACCESS EASEMENT DEDICATED, HEREON BY RESOLUTION ND.._ . DA1E0 MIKE ITALIA OTT CLEW DATE l C1 EFl( CF THE BOND OF SUPERVISORS HEREBY CERTFY THAT ME PROVISOS OF THE SUBDIMSON MAP ACT (DIVISOR 2 CF TITLE 7 OF THE GOVERNMENT CODE) NEOAROM5 (A) DEPOSITS FOR TAXES, AND (B) CERTIFICATION OF THE ABSENCE OF HENS FOR MAD STATE COUNTY, IAYODPAL OR LOCAL TAWS OR SPECIAL BENS 000,EC1ED AS TAXES EXCEPT THOSE NOT WY PAYABE. HAVE BEEN VIOL OMNI HALL, ' BY: CLERK CF THE WARD CF SUPEIMSORS DATE SHEET 1 OF 3 SHEETS LEGAL. DESCRIPTION PARCEL A: LOT 26 IN BLIXX 3 or PARADENA PARK, M TIE cm, OF NATIONAL 0TY. COUNTY OF SAN OEI0X, STATE OF CALIFGWA ACCOfDS'S 10 MAP THEREOF NO. 1404, FEED 51 THE OFFICE OF THE COUNTY RECORDER OF SAN DECO COUNTS FEBRUARY 16, 1912 EXCEPTOD MERMEN THE EASTERLY 111400 FEET OF THE. NORTHERLY MOD FEET REREF. ALSO EXCEPT PERO-ROM 11E EASTERN BI.00 PFET TNEREcv- PARCEL FAAN EASOIENT FOR FIOAD MID FLEX unnIEs AND _ 04151,0140E0, 4.0441AAL9T004$TAE Rk VPTHELtc1ERY� � OF LOT 7S H moC(3 10 PARADENA PARK, M THE CITY OF NATIONAL CITY. EO COUNTY OF SAN 00, STATE OR CALFOR1EA, ACCORDING 10 MAP THEREOF N0. 1404. FLED IN 11E OFFICE OF THE COUNTY RECORDER OF SAN DECO COUNTY. FEECRARY 16. 1912 SURVEYOR'S STATEMENT BITS MAY WAS PREPARED 8Y ME DR UIEER MY MORON ATE R BASED UPON A FIELD WRIST N CONFEESIANCE NM THE REOUIREMENIS OF DE SUEOMSNri MAP ACT AND LOCH ORDINANCE AT THE RESEW OF ABRAHAM EMS ON AP104 2014. I HEREBY. STATE THAT ALL THE: MCFAIMENTS ARE TRUE AND Ca1IE1E AS SWAN AND OF THE CHARACTER AND OCCUPY THE FOSTERS PLICATE; AND THAT 114E /TO IIJIENTS ARE SUFFICIENT 17 ENABLE THE SURVEY TO BE RETRACED. (SEE 'LEGEND ON SHEET 2). 1 ALSO HEREBY STATE THAT ins PARCEL MAP SUBSTANTIALLY CONFORMS 10 THE APPROVED CR CONITENA.LLY APPROVED TENTAIR4. MAP 20/5. /O. t i- aAy[— -- CITY ENGINEER'S STATEMENT KUNA M M. URAIE7, AS HEMP BY THE art, MIKES OF THE CDT OF NATIONAL (110 MUMMA, STATE MAT 1 HAVE MAIMED TINS MAP. THAT THE SUBDIMEN IS S.657ANBAILY 11E SAME AS IT APPEARED ON THE 1ENTA1NE MAP AND ANY AMMO ALTERAIIONE THEREOF; MAT ALL PPE PROM/ORS OF THE SUMMON MAP ACT OE THE STATE CPCAUFORHIA, AS AMENDED, AND OF ANY COCA ORDNANCE OF SAD CITY *FEMME AT THE TIME OF THE • APPROVAL OF THE TENTA1VE MAP HAZE BEEN COMM FA1H. NA 11-4NY. RCE174924 omt C HEREBY STATE TUT I HAVE DAMNED THE MAP AND I AL SATISFIED THAT SAID IMP 1S TECIDKAILY CORRECT. FINFAED FOR THE CITY Cr NATIONAL CITY OY HARMS AND A5511OAEE% BY• 4..� ' SATIAVIPIO T. L1DAT14,AwMId• K LS. 5397, HARR15 AND ASSOCIATES COUNTY RECORDER'S CERTIFICATE FILE N0. ''flE THIS LAY OF SOON OF PARCEL MAPS AT PAGE _ fX GOOD LS. FEE 20T5 AT LL AT THE MOIST OF DENNIS PRIEST J. DRONENBLRG JR. BY: :CIMTY RECORDER DEPUTY COUNTY RECORDER AP NI: 554-023-18 TPM: 2014-18 LS CAUF. CCORD. INDEX: 189-1741 PARCEL MAP NO. —FOUND 2.5" BRASS OW STAMPED LS 6900" PT #7' PER ROS 15487 1,825223.530N 6,298,197.407 E NCW29 EL. 9.65 COT el LOT Rd FOUND 1/2' MOH FIFE DISK LOSSRI5 NO REG ACCEMED AS PROLONOAT104 OF NOEIHFIY UNE LOT 2F B4OT 86 S �, Lob &4i V / ,1 �P & I >Ow as m PAR N PRI 164® FOUND LEAD DIS( SEAMED 15 4020 AT 7.Grf OFFSET PER COL BEC 900.1 PARCEL 4 PIN 11140 N729E53 E 0.13' 0171121:47V Minn 24400' 1— -- PARCELI — .1,pC2lE 6`.••40 (GRY1i �cp SLOT 27 J 40' / "/ FOUND 25" BRASS USN STAMPED 'LS 600D2 PT 02D LOT 1® 1 Fu m 3/4' Itaw PPE MN PER ROS 15487 Y15446, NO REG ACCFP;ED 1,823,14&043 N AS NE Cal tot IB 6,297,415.322 E NG9628 E. 17.05 FOUND LEAD & TAac v4 4m934TE LOT 1T I LOT 16 PER PY ifi83 M D CITY DE 'ORLT SHEET CNC NO 1500-L PETAL U 7 I SIT 17 A) USED TO £STARISH / 1 / CENTERLINE 41N STREET HELD PA YAP 149/ 10298'5017 240.06 047112'081) SEE N72 2 E LOO' PARCEL LOT IA Rd SHEET3 a '_ LOT RR 8An' 016518'091N 30.041 N5516.21•P X40 401 w IJIJ Cr FOUND N'' T4 CONCRETE PER PM F- 791D3 AND GM ME 1A79IT SIMT 05 0116 N0. 1500-t (CETNL U sift 17 A) USED TO E TAIXISV (E11113112I g 471I STREET LOG' 2 INNTIPDTE EI�'a F 4TH STREET V43 N72118'48t 463.71' N57T 721"6 37.61' a N7219'56t mob DELI ((9R01) F011110 LEAD 8 Dlslt STAYP6 RCE 16740 PER CCR REC 9661. MAP 14742 44 R1 1746 M2O6S6E 30A6' -OO'28' 29.59" SHEET 2 OF 3 SHEETS LEGEND $ F01AND 9807A&HT AS NOTED HEREON. O SET 3/4'X18' IRON PPE YAM DISK LS 8084 O SET LEAD WITH DISK S DOB4 () INMATES RECORD DATA PER MAP 1404 [ ] a17 1E SLEET 1500.1 I WICATES RECORD DATA PER PARCEL MAP 18183 (( ))INDICATES RECORD DLTA FER MAR' 14742 BASIS OF BEARINGS DE BASIS OF BEARINGS FOR IPS SUR5£Y IS THE CALIFORNIA COORDINATE SYSTEM, 00583, 20NE 6, EPOCH 1091.25 GRID BEARING BERM FIRST OROSA O.PS. STATION 29 AND MPS. STATON 31 PER RECORD OF SURVEY NAP NO, 15487, I,E N 21'38'44'W. QUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY OR NAY MOT BE IN TERMS OF SAID SYSTEM. CONVERGENCE ANGLE TIE COI,®R1ED CND FACTOR AT STATION 31 IS 1.100818499 AT POINT #31 GR18 DISTANCE = GROUND 1ETANCE X MINED GRIT FACTOR. N7219%61 30.00' FOUND LED R 01L STRIPED 6637, NO BSC . SHOW FOR REFERENCE ONLY GENERAL NOTES 1. TOTAL NUNBLR OF PARCELS IS 2. 100 150 200 2. TOTAL PI055 AREA IS 10,986 BpJARE.FEET (0.250 ACRES) 3. ALL DISTANCES AND/OR 's4IC.G1 N161HS 9401141 WHOM DE13v A1S REPRESENT SCALE, 1" = 50' THAT 9ISTANCE TO ZERO HUNOREOTHS. 4. ALL CORM ARE TAN.274T UNLESS O1HERIASE INDICAIEC. 5, TIE EAEE4JENT OR RN:IR OF WAY FOR FULIRE'S OR OTHER MORNS OF THE RUN WATER C411RICT RECORDED JANUARY 15, 1045, 91 BOOK 1796, PAGE 371, O.R, 011E5 NOT SET WE MOT LOCA710N5 AHD CANNOT BE PLOTTED FROM THE IAF0RMA11014 CONTAN3 P4 SAID DOCUMENT. N452062 8 5527 I59n1 1 FOUND '41' 69 1E PEROTY LLL 1E POINT SHEET ONO NO 1506-L (DETAL T SIT 17 A) USED DISTANCE PER TIE PONT TO ESTABLISH CENTERIWE 611FRSECNON PI MBO CT ITE 91 11109A5 GLIDE VICINITY MAP PAGE 1280 GRID J7 HOT TO SALE TPM: 2014-18 LS CALIF. COORC. INDEX: 189-1741 LOT 27 FOIIN61ft WON PRE ram tame, No IE'C. fg7P1ED AS RNAON0ADON 9F NRIIELY LNE Lin' 2 LOT YQ LOT 88 PARCEL1 MO SG Ft 43, PTERCOICE VEHICULAR ACCESS litEMMERT TO AIY OF RATIONAL {{F 7TY OL101CAtm HEREON SILON PARCEL 4 PM 1 4$ 102276fT 29002 11.00' N7273251•E 24002 20' ALOE EASERNIT RES0RYEO HEREON Fat IIICREINS EOAE$S ANO UTIOTY PpuRpOSES AR1 MOW PNi03 2 10 LOT 84 10002 ET al TOP OP WALL PARCEL MAP NO. MAP MOM PPRCERCY V0101RAR AOCESS EAM ON TQ DIY 0' IN0ONAL NTT PER DOC 0016- 0166379 6 I{ REG SEPT 16, 2002 i 4 f 20' WOE EMMERT MR ROM Na3 O1R11Y PL0POSEs FIX 1NE M11EFMT OF PORS0.S 1 6 2 PER N72123PE 126A2• 2Doc o14 l ! 1�7008 Fn. Noy 07, MAW 3172125YE 165.90 13' 206E 6AS0ENT FOR RO10 1111 P6W0C 0Rl1Es TAWP0SES PER 00 2AM 2013-0703461 1170 Iz-04-2T03 0.R. N72I25YE 7.00 32 NORTON AVENUE 32 SHEET 3 OF 3 SHEETS CONVERGENCE ANGLE AT PONT #31 -CO'2Ti 25,56• 0 20 40 60 8D a SCALE:: - 20' WM Z914-1EL0 raL'f *a '. irct x. 1 1741 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE PARCEL MAP AND ACCEPTING AN EASEMENT FOR EMERGENCY VEHICLE ACCESS FOR INGRESS AND EGRESS, ALONG AND ACROSS ALL REAL PROPERTY SITUATED AT 240 NORTON AVENUE IN THE CITY OF NATIONAL CITY WHEREAS, the property owner of 240 and 242 Norton Avenue, has started grading his property at 240 Norton Avenue in preparation for construction of two new single- family dwelling units; and WHEREAS, access to the property located at 240 Norton Avenue is provided through a private, 20-foot wide easement that extends from Norton Avenue, across the property located at 242 Norton Avenue, and onto the property located at 240 Norton Avenue; and WHEREAS, because 240 Norton Avenue does not front the street, resulting in longer distances to fire hydrants, the National City Fire Department has required the owner to provide an easement for emergency vehicle access; and WHEREAS, the 20-foot wide easement for emergency vehicle access will traverse along the southerly property boundary as shown on the attached parcel map; and WHEREAS, the property owner is responsible for maintenance of the easement, which has been constructed to accommodate heavy vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the parcel map and accepts an easement for emergency vehicle access for ingress and egress along and across all real property situated at 240 Norton Avenue in the City of National City. PASSED and ADOPTED this 1st day of December, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 127 The following page(s) contain the backup material for Agenda Item: Warrant Register #16 for the period of 10/14/15 through 10/20/15 in the amount of $1,475,182.65. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #16 for the period of 10/14/15 through 10/20/15 in the amount of $1,475,182.65. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance �,, PHONE: 619-336-4572 APPROVED BY: kVt, A(-`"'`-'� EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/14/15 through 10/20/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor City of Chula Vista New Century Construction Nexus IS Inc SDG&E Tristar Risk Management Bank of America Public ChecklW ire 320116 320162 320163 320174 595527 595598 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,475,182.65 Amount 72,829.26 115,201.75 350,625.09 91,605.78 71,849.32 481,375.00 Explanation Animal Care Center Fees / Police D Ave and 12th St Roundabout VOIP Phone System Project / MIS Gas & Electric Utilities September 2015 WC Replenishment NCJPFA Lease Rev Refnd Bond 2010 APPROVED: % ance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,475,182.65 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #16 1/3 PAYEE QUESTYS SOLUTIONS ACME SAFETY & SUPPLY CORP ADVANCE DATA SOLUTIONS ALDEMCO AMERICAN BACKFLOW SPECIALTIES APWA ARCO GASPRO PLUS ART D NIELSEN PAINTING INC ASSI SECURITY INC ATKINS NORTH AMERICA INC BAVENCOFF JR BOARD OF EQUALIZATION BOOT WORLD BPI PLUMBING CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA ELECTRIC SUPPLY CITY OF CHULA VISTA CLAUSS CONSTRUCTION CLEARS CORDERO, E COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DPREP LLC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DENTONS US LLP DENTONS US LLP DENTONS US LLP D-MAX ENGINEERING DOUBLETREE BY HILTON HOTEL E2 MANAGE TECH INC ED BRAINARD EQUIFAX INFORMATION SVCS ESGIL CORPORATION EXPRESS PIPE AND SUPPLY CO INC FEDEX FREE FORM CLAY & SUPPLY GEOSYNTEC CONSULTANTS INC GRAI NGER GROSSMAN PSYCHOLOGICAL HARRIS & ASSOCIATES HUNTER'S NURSERY INC .41-, CAf:J F oRN1-A NATIONAL OTT e xmrcORPORjTED WARRANT REGISTER #16 10/20/2015 DESCRIPTION GOLD LEVEL ANNUAL RENEWAL SOFTWARE RAIN YELLOW PANTS / STREETS DATA RECOVERY FOR LIBRARY CONSUMABLES- NUTRITION CENTER PLUMBING SUPPLIES MEMBERSHIP RENEWAL - K MUTHUSAMY FUEL FOR CITY FLEET CITY WIDE PAINTING SERVICES LABOR / SERVICE CALL FOR TRAINING SEWER REMOVAL SERVICES / PW SUBSISTENCE: SHERMAN BLOCK SLI TRAINING HAZARDOUS WASTE GENERATOR FEE MOP#64096 WEARING APPAREL CITY WIDE PLUMBING SERVICE AND REPAIRS MOP#45754 BUILDING MATERIALS MOP # 45698 LIGHTING SUPPLIES MOP#45698 ELECTRICAL ANIMAL CARE CENTER FEES / PD FY16 RETENTION TUITION: C.L.E.A.R.S. TRAINING SUBSISTENCE: WOMEN LEADERS IN LAW REQUEST OF COPIES FOR BUILDING SAND BAGS / FIRE BUILDING RECORDS TUITION: OFFICER INVOLVED SHOOTING LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS T&A ADVENTURE CENTER - AQUATIC CENTER T&A ADVENTURE CENTER - AQUATIC CENTER T&A ADVENTURE CENTER - AQUATIC CENTER NC STORM WATER SERVICES RESERVATION: FRESNO TRAINING SYMPOSIUM/FIR WEST SIDE SAMPLING REGISTRATION: HORTICULTURAL SEMINAR / PW EQUIFAX SERVICES / S8 PLAN CHECK SERVICES / BUILDING PLUMBING PARTS & MATERIALS FORESTRY & FIRE PROTECTION DOCUMENTS KILN REPAIR AT EL TOYON CENTER EDUCATION VILLAGE REDEVELOP PROJECT / S A MOP#65179 BUILDING MATERIALS PRE -EMPLOYMENT EVALUATIONS MISC. SEWER ENGINEERING SVCS MOP#45719 HORTICULTURAL ITEMS CHK NO DATE AMOUNT 320099 10/20/15 14,401.80 320100 10/20/15 45.78 320101 10/20/15 1,200.00 320102 10/20/15 1,451.23 320103 10/20/15 10.22 320104 10/20/15 204.00 320105 10/20/15 29,441.89 320106 10/20/15 3,695.00 320107 10/20/15 150.00 320108 10/20/15 4,455.00 320109 10/20/15 468.00 320110 10/20/15 21,230.00 320111 10/20/15 366.62 320112 10/20/15 227.20 320113 10/20/15 135.00 320114 10/20/15 2,038.51 320115 10/20/15 3,733.42 320116 10/20/15 72,829.26 320117 10/20/15 19, 044.04 320118 10/20/15 300.00 320119 10/20/15 326.33 320120 10/20/15 8.00 320121 10/20/15 800.00 320122 10/20/15 4.00 320123 10/20/15 223.00 320124 10/20/15 3,373.68 320125 10/20/15 1,925.00 320126 10/20/15 1,600.09 320127 10/20/15 929.79 320128 10/20/15 782.78 320129 10/20/15 297.50 320130 10/20/15 117.50 320131 10/20/15 3,141.50 320132 10/20/15 820.59 320133 10/20/15 2.63 320134 10/20/15 23,075.78 320135 10/20/15 2,170.10 320136 10/20/15 7,586.62 320137 10/20/15 500.00 320138 10/20/15 99.21 320139 10/20/15 24,784.24 320140 10/20/15 185.11 320141 10/20/15 52.68 320142 10/20/15 261.18 320143 10/20/15 730.27 320144 10/20/15 784.25 320145 10/20/15 1,100.00 320146 10/20/15 3,000.00 320147 10/20/15 222.32 2/3 PAYEE JJJ ENTERPRISES KONE LASER SAVER INC LIEBERT CASSIDY WHITMORE LOPEZ, T MAINTEX INC MASON'S SAW MAXILOM, L MCKAY, N MEYERS NAVE MUTHUSAMY,K NATIONAL PHARMACEUTICAL RETURN NCPOA NCPOA NEW CENTURY CONSTRUCTION 1NC NEXUS IS INC NINYO & MOORE NUTTALL, M PACIFIC AUTO REPAIR PACIFIC SAFETY CENTER PRO BUILD PRUDENTIAL OVERALL SUPPLY QUIROGA, R SAFRAN MORPHOTRUST SAKAMOTO, C SAN DIEGO UNION TRIBUNE SDG&E SEGAL, M SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SNAP ON INDUSTRIAL SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIFORNIA SOIL STAPLES ADVANTAGE STUTZ ARTIANO SHINOFF SUPERIOR READY MIX SWEETWATER AUTHORITY THE BANK OF NEW YORK MELLON THE COUNSELING TEAM THE HOME DEPOT CREDIT SERVICES TRANE US INC U S BANK U S HEALTHWORKS U S IDENTIFICATION MANUAL UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WAXIE SANITARY SUPPLY -0-* C.AL,IFORNIA 4•.(i NATIONAL Cirjr acsav OrCORPORATE" WARRANT REGISTER #16 10/20/2015 DESCRIPTION CITY WIDE FIRE AND SECURITY ALARM SVCS CITY WIDE ELEVATOR MAINTENANCE PLOTTER REPAIR HP T1100 LEGAL / PROFESSIONAL SERVICES INTERPRETATION SVCS JANITORIAL SUPPLIES -FACILITIES REPAIRS AND PURCHASES OF SAWS REIMB: NACOLE CONFERENCE REVISION TO SEC 8 HCV MASTER BOOK LEGAL / SD UNIFIED PORT REIMB: MILEAGE - MEETINGS DESTRUCTION OF MORPHINE SULFATE/FIRE REIMB: BLUE KNIGHT AWARD CEREMONY MEMBERSHIP RENEWAL / POLICE D AVE AND 12TH ST ROUNDABOUT VOIP PHONE SYSTEM PROJECT/ MIS AQUATIC CENTER SUBSISTENCE:20TH ANNUAL K9 TRAILS SMOG CERTIFICATION/REPAIRS REGISTRATION: FORKLIFT INSTRUCTOR MOP#45707 PLUMBING MATERIALS MOP#45742 LAUNDRY SERVICES SUBSISTENCE:20TH ANNUAL K9 TRAILS INVESTIGATIVE SERVICES / H R REIMB: CERTIFICATION COURSE CLASSIFIED LISTING - CIP 15-08 GAS & ELECTRIC UTILITIES REIMB: SUPERVISORY COURSE MOP 45756 MISC SUPPLIES - PD MOP 63845 ANIMAL CONTROL BROCHURE SPACE -SAVING EQUIPMENT CITY WIDE OFF SITE WINDOW REPLACEMENTS A AVE GREEN STREET PROJECT MOP 45704 OFFICE SUPPLIES - COMM SVC LIABILITY CLAIM COSTS COLD MIX ASPHALTS/TACK OIL WATER SERVICE / UTILITIES CUSTODIAN FEE 07/01/15 - 09/30/15 EMP SUPPORT SVCS - SEPT 2015 INV 9904494. SUPPLIES FOR PARK DEPT CITY WIDE HVAC SERVICE AND REPAIRS CREDIT CARD EXPENSES - PD PRE -EMPLOYMENT PHYSICAL RENEWAL - U.S. ID MANUAL UNDERGROUND SERVICE ALERT MOP#62683 AUTO PARTS MOP#46453 PLUMBING MATERIALS MOP#68834 TRAFFIC SUPPLIES JANITORIAL SUPPLIES-PW CHK NO DATE AMOUNT 320148 10/20/15 1,490.00 320149 10/20/15 3,195.00 320150 10/20/15 1,846.11 320151 10/20/15 3,093.71 320152 10/20/15 140.00 320153 10/20/15 313.86 320154 10/20/15 853.34 320155 10/20/15 264.13 320156 10/20/15 224.00 320157 10/20/15 8,295.00 320158 10/20/15 40.29 320159 10/20/15 125.00 320160 10/20/15 375.00 320161 10/20/15 125.00 320162 10/20/15 115,201.75 320163 10/20/15 350,625.09 320164 10/20/15 2,826.00 320165 10/20/15 210.56 320166 10/20/15 778.00 320167 10/20/15 575.00 320168 10/20/15 1,806.54 320169 10/20/15 388.03 320170 10/20/15 210.56 320171 10/20/15 28.00 320172 10/20/15 96.00 320173 10/20/15 778.40 320174 10/20/15 91,605.78 320175 10/20/15 143.75 320176 10/20/15 43.20 320177 10/20/15 682.34 320178 10/20/15 7,481.49 320179 10/20/15 1,197.37 320180 10/20/15 1,686.00 320181 10/20/15 1,351.17 320182 10/20/15 3,449.14 320183 10/20/15 241.92 320184 10/20/15 2,259.50 320185 10/20/15 300.00 320186 10/20/15 800.00 320187 10/20/15 578.48 320188 10/20/15 246.75 320189 10/20/15 2,305.22 320190 10/20/15 632.00 320191 10/20/15 179.85 320192 10/20/15 169.50 320193 10/20/15 856.99 320194 10/20/15 120.48 320195 10/20/15 1,366.01 320196 10/20/15 132.74 3/3 CALIFORNIA 4-4+ 0 AL Cary INCORPORATED WARRANT REGISTER #16 10/20/2015 PAYEE DESCRIPTION CHK NO DATE AMOUNT WESTFLEX INDUSTRIAL MOP#63850 AUTO PARTS 320197 10/20/15 100.42 WILLY'S ELECTRONIC SUPPLY MOP#45763 MATERIALS / PW 320198 10/20/15 114.46 WIRED PAYMENTS TRISTAR RISK MANAGEMENT BOFA PUBLIC INSTL FINL FUNDING LLC CITY NATIONAL BANK SECTION 8 HAPS PAYMENTS SEPTEMBER 2015 WC REPLENISHMENT NCJPFA LEASE REV REFND BOND 2010 ENERGY RETROFIT PROJECT PAYMT #22 Start Date End Date 10/14/2015 10/20/2015 A/P Total 866,280.05 595527 10/15/15 71,849.32 595598 10/15/15 481,375.00 604506 10/20/15 43,101.10 12,577.18 GRAND TOTAL $ 1,475,182.65 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW MARK O BI RTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JER.RY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA BIOS, MEMBER ALBER'I' MENDIVIL, MEMBER. I HEREBY CERTIFY THAT rHE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AU•iORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 1 ' OF DECEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 12/1/2015 — Page 133 The following page(s) contain the backup material for Agenda Item: Warrant Register #17 for the period of 10/21/15 through 10/27/15 in the amount of $2,502,135.51. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #17 for the period of 10/21/15 through 10/27/15 in the amount of $2,502,135.51. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: '619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/21/15 through 10/27/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor. Check/Wire Amount Explanation LB Civil Construction Inc 320250 706,781.05 Services for "A" Avenue Green Portillo Concrete, Inc. 320276 289,955.77 Services for Highland Ave Safety Public Emp Ret System 10222015 336,026.90 Service Period 09/29/15—10/12/15 FINANCIAL STATEMENT: APPROVED: ,latFinance ACCOUNT NO. APPROVED: MIS Reimbursement total $2,502,135.51 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,502,135.51 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #17 is-* G,AU FO.R.NIA 1/3 PAYEE MANA DE SAN DIEGO MANA DE SAN DIEGO ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP AIR RESOURCES BOARD ALDEMCO ALL FRESH PRODUCTS ALLIANCE ENVIRONMENTAL AMEDEE, W AT&T AT&T AT&T MOBILITY AT&T MOBILITY AUSTIN DOORS AZTEC APPLIANCE BEST BEST & KRIEGER ATTNY LAW BOARD OF EQUALIZATION BOOT WORLD BPI PLUMBING BRIAN COX MECHANICAL INC BROADWAY AUTO ELECTRIC CAL UNIFORMS INC CALIFORNIA COMMERCIAL SECURITY CALIFORNIA DIESEL COMPLIANCE CALIFORNIA ELECTRIC SUPPLY CDWG CEB CLF WAREHOUSE COAST INDUSTRIAL SYSTEMS, INC. COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS DALEY & HEFT LLP DATA TICKET INC DELL MARKETING L P DELTA DENTAL DEPARTMENT OF TRANSPORTATION DUNBAR ARMORED INC ESRI INC EXPERIAN FEDEX FIRE ETC FUN FLICKS OUTDOOR MOVIES GRAINGER GRANICUS INC GTC SYSTEMS INC GUTIERREZ JR, C HEALTH NET HONEYWELL INTERNATIONAL INC NAB CITir INCfO}RPORJATZD WARRANT REGISTER #17 10/27/2015 DESCRIPTION BRINDIS GALA 2015 - MORRISON / FLORES-CLARK BRINDIS GALA 2015 - CANO 2553 TRU SPEC COMBAT SHIRT / FIRE 30 DAY NITE- CONES EMISSIONS RENEWAL PERMIT / PW CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER LIABILITY CLAIM COSTS REIMB: RAFFLE ITEMS FOR CERT PHONE SERVICES PHONE SERVICES WIRELESS SERVICE WIRELESS SERVICE CITY WIDE ROLL UP DOOR SERVICES CITY WIDE APPLIANCE PURCHASES LEGAL / PROFESSIONAL SERVICES SALES TAX LIABILITY - JUL - SEPT 2015 MOP#64096 WEARING APPAREL / PW CITY WIDE PLUMBING SERVICE AND REPAIRS DRAINED HUMIDIFIER CANISTER / PW MOP#72447 AUTO PARTS / PW FLYING CROSS FIRE DRESS PANTS MOP#45754 BUILDING AND STRUCTURE REPAIRS COMPLETED FLOW RESTICTION MOP#45698 ELECTRICAL SUPPLIES TREND MICRO AVG ENT SEC / MIS CA ADMIN HEARING PRACTICE CLAMP / PW KIT TO REPAIR PUMP / PW HYDROCHLORIC ACID / PW REGIONAL COMMUNICATIONS SYSTEMS INTERNET SERVICE / SEPT 2015 LIABILITY CLAIM COSTS DATA TICKET APPEALS / NSD DELL EQUALLOGIC PS6100X - ARRAY COBRA DENTAL INS - SEPT 2015 HIGHWAY LIGHTING SERVICES ARMORED SVCS-FINANCE ARCGIS ONLINE LEVEL 2 PLAN / MIS CREDIT CHECKS/INVESTIGATIONS- PD PACKAGE DELIVERY EVOLUTION 5200/5000 SERIES UNIVERSAL 32' PREMIERE MOVIE SCREEN / CSD ADJUST BASE STACKER 2200LB / PW WEBCAST MEETING/EFFICIENCY GOV NETWORK ENGINEERING SERVICES REIMB: DRUG ABUSE RECOGNITION HEALTH INS R1192Q - SEPT 2015 PLUMBING SUPPLIES / PW CHK NO DATE AMOUNT 320199 10/22/15 200.00 320200 10/22/15 100.00 320201 10/27/15 130.78 320202 10/27/15 971.85 320203 10/27/15 1,230.00 320204 10/27/15 1,576.37 320205 10/27/15 1,427.20 320206 10/27/15 2,123.65 320207 10/27/15 139.68 320208 10/27/15 7,790.99 320209 10/27/15 43.80 320210 10/27/15 2,660.56 320211 10/27/15 146.76 320212 10/27/15 292.50 320213 10/27/15 266.76 320214 10/27/15 1,925.00 320215 10/27/15 748.00 320216 10/27/15 106.91 320217 10/27/15 285.00 320218 10/27/15 821.00 320219 10/27/15 65.40 320220 10/27/15 632.13 320221 10/27/15 271.25 320222 10/27/15 295.00 320223 10/27/15 671.04 320224 10/27/15 7,256.00 320225 10/27/15 160.15 320226 10/27/15 462.39 320227 10/27/15 2,666.16 320228 10/27/15 2,846.43 320229 10/27/15 7,810.00 320230 10/27/15 3,723.65 320231 10/27/15 194.43 320232 10/27/15 1,420.50 320233 10/27/15 35,031.84 320234 10/27/15 370.89 320235 10/27/15 10,896.24 320236 10/27/15 205.36 320237 10/27/15 10,000.00 320238 10/27/15 42.20 320239 10/27/15 23.26 320240 10/27/15 1,444.86 320241 10/27/15 1,498.00 320242 10/27/15 9,498.11 320243 10/27/15 1,702.35 320244 10/27/15 5,804.00 320245 10/27/15 116.85 320246 10/27/15 1,726.35 320247 10/27/15 2,813.66 2/3 PAYEE HYDRO SCAPE PRODUCTS INC KONICA MINOLTA L B CIVIL CONSTRUCTION INC LANGUAGE LINE SERVICES LASER SAVER INC LEFORTS SMALL ENGINE REPAIR LESLIE GAMESTER & HER ATTORNEY LIFELOC TECHNOLOGIES LONG, D LOPEZ, T MACHADO, R MAN K9 INC MAYER REPROGRAPHICS MCAFEE INC MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MORENO, A MTS NATIONAL CITY CHAMBER NEXUS IS INC NOWDOCS INTERNATIONAL INC O'REILLY AUTO PARTS ORIENTAL TRADING COMP LLC PADRE JANITORIAL SUPPLIES PCS MOBILE PENSKE FORD PORTILLO CONCRETE, INC. POWERSTRIDE BATTERY CO INC PRO BUILD PROCHEM SPECIALTY PRODUCTS INC PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY ROMERO'S ROOFING SERVICE INC S & S WORLDWIDE INC S D COUNTY SHERIFF'S DEPT SAFRAN MORPHOTRUST SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SDG&E SEAPORT MEAT COMPANY SERVICEMASTER ALLPHASE SIGNCAD SYSTEMS INC SMART SOURCE OF CALIFORNIA LLC SOUTH BAY FENCE INC SOUTHERN CALIF TRUCK STOP SPOK INC STAPLES ADVANTAGE + CA,UI O,R.NIIA 4.4f- `-- 'NCt RPORATED WARRANT REGISTER #17 10/ 27/ 2U.L._' DESCRIPTION HEDGER TRIMMER / PW COPIER EQUIPMENT LEASE - SEPT 2015 SERVICES FOR THE "A" AVENUE GREEN LANGUAGE LINE INTERPRETATION SERVICES INK CARTRIDGES / MIS FUEL FILTER / PW LIABILITY CLAIM COSTS 13025 MOUTHPIECE, EASY TAB / POLICE SUBSISTENCE: IDENTITY THEFT INVESTIGATION TRANSLATION SVCS 10/20/15 REIMB: FORCE WORKSHOP MONTHLY MAINTENANCE D AVENUE COMMUNITY CORRIDOR / ENG EMAIL SECURITY AND ARCHIVING / MIS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP#75943 AUTO PARTS FIRE EXTINGUISHER CO2 CHEMICAL LIABILITY CLAIM COSTS MTS TROLLEY FLAGGER SERVICE NC TOURISM MARKETING - AUG 2015 PHONE SYSTEM PROJECT GREEN VOID BOTTOM CHECKS MOP#75877 AUTO PARTS HALLOWEEN CRAFT SUPPLIES / CSD JANITORIAL SUPPLIES - NUTRITION PANASONIC TOUGH BOOK / POLICE MOP#49078 AUTO PARTS SERVICES FOR HIGHLAND AVE SAFETY MOP#67839 AUTO PARTS MOP#45707 MATERIALS / PW FLOOR CLEANER / PW KNIFE SHARPENING - NUTRITION MOP#45742 LAUNDRY SERVICES CITY WIDE ROOFING SERVICES 4 - AUTOMATIC CARD SNUFFLER / CSD RANGE USE / POLICE NEW EMP FINGERPRINT TEST - SEPT 2015 GAS & ELECTRIC - NUTRITON CENTER TUITION: DUI - DRIVING UNDER THE INFLUEN GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER LIABILITY CLAIM COSTS SIGN DESIGN SOFTWARE / ENG MOP 63845 LETTERHEAD IMPRINTS CITY WIDE FENCE REPAIRS MOP#45758 OIL / PW METROCALL PAGING / MIS MOP 45704 OFFICE SUPPLIES - MIS CHK NO DATE AMOUNT 320248 10/27/15 593.98 320249 10/27/15 221.51 320250 10/27/15 706,781.05 320251 10/27/15 16.18 320252 10/27/15 1,951.12 320253 10/27/15 185.93 320254 10/27/15 9,200.00 320255 10/27/15 252.53 320256 10/27/15 256.00 320257 10/27/15 210.00 320258 10/27/15 92.94 320259 10/27/15 1,560.00 320260 10/27/15 242.84 320261 10/27/15 11,880.00 320262 10/27/15 425.50 320263 10/27/15 42.50 320264 10/27/15 123.08 320265 10/27/15 146.91 320266 10/27/15 1,281.00 320267 10/27/15 279.19 320268 10/27/15 40,619.33 320269 10/27/15 1,250.00 320270 10/27/15 366.24 320271 10/27/15 86.28 320272 10/27/15 389.74 320273 10/27/15 167.66 320274 10/27/15 13, 331.00 320275 10/27/15 461.12 320276 10/27/15 289,955.77 320277 10/27/15 602.50 320278 10/27/15 1,293.51 320279 10/27/15 158.42 320280 10/27/15 46.00 320281 10/27/15 212.60 320282 10/27/15 3,800.00 320283 10/27/15 225.52 320284 10/27/15 200.00 320285 10/27/15 46.00 320286 10/27/15 3,097.08 320287 10/27/15 23.00 320288 10/27/15 284.42 320289 10/27/15 830.00 320290 10/27/15 575.10 320291 10/27/15 11,400.00 320292 10/27/15 116.64 320293 10/27/15 4,998.00 320294 10/27/15 113.53 320295 10/27/15 654.46 320296 10/27/15 1,847.44 3/3 PAYEE STARTECH COMPUTERS SWEETWATER AUTHORITY SYMBOLARTS, LLC SYSCO SAN DIEGO INC THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC THE STAR NEWS THOMSON REUTERS WEST TOPECO PRODUCTS TRAFFIC SAFETY MATERIALS LLC U S HEALTHWORKS UNITED RENTALS UNITED ROTARY BRUSH CORP V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIP WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 22 10/13/2015 CALIFORNIA �+ V '�'� Fi. cant �.��. ii o o Cf�� \--. INCORPORATE') WARRANT REGISTER #17 10/27/2015 DESCRIPTION MOP 61744 MISC SUPPLIES - MIS WATER SERVICE UTILITIES BRASS KEYCHAINS / POLICE CONSUMABLES/FOOD - NUTRITION PAINTING SUPPLIES / NSD MOP#45726 AUTO PARTS ADVERTISING TNT AUCTION ON-LINE LEGAL RESEARCH MOP#63849 AUTO PARTS YELLOW TRAFFIC PAINT / PW VACCINE / HR 961032. CC: 040-1000. MACHINERY/ FIRE STREET SWEEPER REPAIRS BADGE REPAIRS / POLICE MOP#46453 SUPPLIES / PW STRAY ANIMAL VET CARE / POLICE CELLULAR SERVICE MOP 68834 PAINTING SUPPLIES - NSD JANITORIAL SUPPLIES-PW MILLERMATIC 211 W/MVP / PW MOP#63850 AUTO PARTS MOP 45763 MISC SUPPLIS - PD SERVICE PERIOD 09/29/15 - 10/12/15 End Date Check Date 10/26/2015 11/4/2015 CHK NO DATE AMOUNT 320297 10/27/15 1,465.76 320298 10/27/15 2,644.05 320299 10/27/15 1,815.00 320300 10/27/15 4,300.65 320301 10/27/15 217.49 320302 10/27/15 84.64 320303 10/27/15 53.81 320304 10/27/15 806.20 320305 10/27/15 148.33 320306 10/27/15 476.56 320307 10/27/15 282.00 320308 10/27/15 5,448.91 320309 10/27/15 607.08 320310 10/27/15 1,106.24 320311 10/27/15 150.13 320312 10/27/15 1,091.31 320313 10/27/15 92.29 320314 10/27/15 434.51 320315 10/27/15 2,351.04 320316 10/27/15 2,054.07 320317 10/27/15 327.66 320318 10/27/15 262.93 A/P Total 1,271,749.49 10222015 10/22/15 336,026.90 894,359.12 GRAND TOTAL $2,502,135.51 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS ANI) DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW MARK OBERTS, FINAN E LESLIE DEESE, CITY MANAGER -^ FINANCE COMMITTEE RONALI) J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS 1N PAYMENT THEREOF BY THE CITY COUNCIL ON THE I'' OF DECEMBER, 2015. AYES_ NAYS ABSENT CC/CDC-HA Agenda 12/1/2015 — Page 139 The following page(s) contain the backup material for Agenda Item: Public Hearing Conditional Use Permit for beer sales at Chipotle Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Public Hearing — Conditional Use Permit for beer sales at Chipotle Restaurant located at 404 Mile of Cars Way (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Planning. g PHONE: 336-4313 ' APPROVED BY: EXPLANATION: phipotle Mexican Grill, Inc. has applied for a Conditional Use Permit (CUP) to sell beer as an accessory use to the existing restaurant. The restaurant has been in operation since September of this year. Alcohol sales hours would be from 10 a.m. to 11 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). A patio dining area is located in front of the restaurant, but is not part of the proposal. The CUP was approved by Planning Commission on November 2, 2015, by a unanimous vote. City Council considered a Notice of Decision for this item at their meeting of November 17, 2015. Council held the item over for a public hearing in order to discuss the item further. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Yamane ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions of Approval 4. Location Map 5. Reduced Plans 6. Planning Commission report 7. Planning Commission resolution 8. Public Hearing Notice BACKGROUND REPORT Chipotle Mexican Grill, Inc. has applied for a Conditional Use Permit (CUP) to sell beer as an accessory use to the existing restaurant. The restaurant has been in operation since September of this year. Alcohol sales hours would be from 10 a.m. to 11 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being vcc sled with the California Department of Alcoholic Beverage Control (ABC). The CUP was approved by Planning Commission on November 2, 2015, by a unanimous vote. City Council considered a Notice of Decision of the Planning Commission approval at their meeting of November 17, 2015 and held the item over for a public hearing in order to discuss the item further. Project Location The 3.12-acre project site is developed with four separate buildings comprising 34,019 square feet of leasable space. There are 140 parking spaces located on the lot. The property is part of the Southport Business Center located south of Mile of Cars Way and west of Hoover Avenue, and is within the MXC-2 (Major Mixed -Use Corridor) zone. Other tenants include offices, restaurants, and a coffee shop. The building in which the subject suite is located is 5,722 square feet in size. The suite itself is 2,493 square feet and located in the center of the building. A 230 square -foot patio is located in front of the restaurant, but is not part of the proposal. Proposed Use The applicant is proposing to sell beer inside the restaurant only (not on the patio). Alcohol will be sold at the point of sale. Only beer is proposed to be sold at this location. Beer would be served in 12 oz. bottles with the cap removed (condition of approval). The operating hours of Chipotle are 10 a.rn. to 11 p.m. daily, which would also be the proposed alcohol sales hours. No live entertainment is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. Mailing — Ail property owners and occupants within a distance of 680 feet are required to be notified of a public hearing for alcohol -related CUP applications. In this case, 232 people were notified of the public hearing, es well es for the community mutiny. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, July 8, 2015 at 5:30 pm at the subject restaurant. The meeting advertisement is attached. According to the applicant, no-one appeared for the community meeting. It should be noted that all properties within 660 feet of the property are commercial in nature. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. There are no schools within 660 ft.; the nearest school is Kimball Elementary School, which is located over 1,500 feet away. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use Corridor zone pursuant to a Conditional Use Permit, and the proposed alcohol sales meet the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. Alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. No Specific Plans exist in this location. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal involves an existing commercial space, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. Access to and from the site is provided by Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B. The current ADT capacity of Mile of Cars Way is 40,000 with a current ADT of 17,000; therefore, it is not expected that alcohol sales would result in an increase in ADT such that the LOS would be affected. 2 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be accessory to the existing restaurant use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be compatible with other nearby businesses that also sell alcohol as an accessory use. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is not considered a project under CEQA (California Environmental Quality Act), as no development is proposed. In addition, the proposed use is identical to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated staff is of the opinion that the project would not result in any physical changes to the environment. There is an additional finding which must be made for alcohol sales CUP applications. The finding is that the proposed use is deemed essential and desirable to the public convenience and necessity. In this case the alcohol sales will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. There are also three findings for denial based on the amount of existing on -sale outlets, as discussed in the 'Alcohol Sales Concentration/Location" section below. Department and Agency Comments Alcohol Sales Concentration/Location — Per ABC, there are currently nine on -sale permits issued in the subject census tract (219). These permits are: Name Address License Type* Club 13 640 Civic Center Dr. 40 Stoney's Bar & Grill 108 W. 25m St. 47 The Waterfront Grill 3201 Marina Way 47 Buster's Beach House 740 Bay Marina Dr. 47 Goody's Sushi & Grill 2424 Hoover Ave. 41 Clarion (Hotel) 700 National City Blvd. 47 Eagles Aerie 2712 1131 Roosevelt Ave. 51 Papa Gallo Cafe 1930 Cleveland Ave. 41 Aunt Emma's Pancakes 214 National City Blvd. 41 * Type 40 — On -Sale Beer Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 51 - Club Of the nine licenses, seven are restaurants, one a bar, and one a private license (Eagles Aerie 2712). The subject use is consistent with other on -sale businesses, all of which are consistent with the MXC-2 zone. Census tract 219 includes the area of west of National City Blvd. from the northern City boundary to the southern boundary. The attached census tract map shows the location of the subject tract. ABC recommends a total of seven on -sale alcohol permits be issued in this census tract, where nine exist. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 24) had a current (January to August 2015) crime rate of 237.5%, above the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Chipotle received 13 points, which would indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies (IPS) IPS made mention of the license over -concentration in the census tract and encouraged that staff and management attend Responsible Beverage Sales and Service training. The training is included as a Condition of Approval. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. The proposed use would be accessory to the existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. Chipotle Mexican Grill has only been in business at this location for a short time. However, the addition of alcohol sales is not expected to have any significant effects on the area. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, the subject location is a family restaurant where alcohol will only be available with the sale of food. As a recap, the. purpose of tonight's hearing is to discuss the merits of the project and to make a decision based on the attached findings for approval or denial, or based on findings to be made by the Council. Staff is recommending approval of the CUP. The options available to the Council are as follows: 1. Approve 2015-18 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2015-18 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item in order to obtain additional infomlation. 5 RECOMMENDED FINDINGS FOR APPROVAL 2015-18 CUP, 404 Mile of Cars Way 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone, and because no Specific Plans exist in this location. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, and because the sale of beer is not expected to appreciably increase traffic on Mile of Cars Way based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7 That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 6 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 2015-18 CUP, 404 Mile of Cars Way 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over -concentrated with regard to on -sale alcohol outlets; nine on -sale outlets are permitted where seven are recommended by the California Department of Alcoholic Beverage Control. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because seven other on -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 7 RECOMMENDED CONDITIONS OF APPROVAL 2015-18 CUP, 404 Mile of Cars Way General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 404 Mile of Cars Way. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2015-18 CUP, dated 8/27/2015. 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 Cleric and submitted to the National City Planning Department. 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 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. Beer shall only be offered in 12 oz. bottles; the cap shall be removed and discarded by a staff member after purchase and prior to being served to the customer. 8. No beer is permitted to be consumed on the patio or anywhere outside the restaurant. 9. Permittee shall post signs in the dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken out to the patio area. 8 10. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 11:00 p.m. seven days a week. 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic :violence training session as provided by the Institute of Public Strategies. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13. Alcohol shall be available only in conjunction with the purchase of food. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 15. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 9 10 I I / , i.. ',.... / :F. I ! .:l'l Immo a i • • m I • • mim , a 1;.1 -13.• . t; 1 anwitakloom— it] [EPOTL] $**NSI1IU. • 4 I .1 I lit i I •.r 1 fl dr -D- Na30.11A OM. ..1K-601.•7". $17.° Mmimmixsiestr MMUS - - - - - GENERAL NOTES ....11ROMANUMIMOKOMMVANAIRI.PlatOmbt, lemmq.mftwatk.taltilfinVelMAMIMMM41* ZONING INFORMATION 1.4114,1, Mt ROEMOMPIMelit tiatrIMALIACMINI ViitrMILMIMINWICLO flAIMICSGMNIMMITREftlIt ?AWNS INFORMATION 1•MIMPIMMOISIIINCSVIttratlibliMAIM4M1rIti enometalaetic Pmar iota mimeo heausa/4 loam= .c.1.aEca,a z1nnw0 $1.P.E1117MIM01•61101: MOW. {..MEWRIIM10014 !WILDING INFORMATION 110.111M Pnelan1MANT OCAIMICYMe I•2 twrillffriaNIME =MR 1 lixtVTPIMOMENINIMMIx Mt MITOLW1 conswermohnemram MHO MillOrt MI 1 14.14110/01. TENANT AGENT ammo= fla.M.M1MJM :22DAIMIVROS LE9MittELMI.se1 MUM. . • f..1 ...1,1=$07.700.2011LE.171. :11 .1 t aMigtitC11.11i11111111111.110- JOHN.M DUNGAN 8a211 StintatlItleft SW* 364 OrMiOnd 66212 015441.24n 11113.9 -MS Lie FOR CONSTRUCTION SM•13.110.1.41 orect halloo m14 .5•:=1•11M.Mt. ii..111:11111511.11.1 AfehttedermISM Flo- CUP A101 w � RI r National City Slav No. 2600 404 Mlle of Cara Way National Ctiy, CA 91950 0 z r 12 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Property Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Zoning designation: Project size: Adjacent land use/zoning: North: East: South: West: Environmental review: Staff Recommendation: Item no. 5 November 2, 2015 CONDITIONAL USF. PERMIT FOR ALCOHOL SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY. 2015-18 CUP Southport Business Center 562-340-15 Martin Reeder, AICP — Principal Planner Chipotle Mexican Grill, Inc. H G Fenton Major Mixed -Use Corridor (MXC-2) 3.12 acres County Operations Offices/ITT Tech across Mile of Cars Way / MCR-2 (Multi -Use Commercial -Residential) Office Use i MXC-2 Southport Business Center / MXC-2 and IL (Light Industrial) Denny's across Southport Way / MXC-2 Not a project per CEQA Approve 13 BACKGROUND Chipotle Mexican Grill, Inc. has applied for a Conditional Use Permit (CUP) to sell beer as an accessory use to the existing restaurant. The restaurant has been in operation since September of this year. Alcohol sales hours would be from 10 a.m. to 11 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Project Location The 3.12-acre project site is developed with four separate buildings comprising 34,019 square feet of leasable space. There are 140 parking spaces located on the lot. The property is part of the Southport Business Center located south of Mile of Cars Way and west of Hoover Avenue, and is within the MXC-2 (Major Mixed -Use Corridor) zone. Other tenants include offices, restaurants, and a coffee shop. The building in which the subject suite is located is 5,722 square feet in size. The suite itself is 2,493 square feet and located in the center of the building. A 230 square -foot patio is located in front of the restaurant, but is not part of the proposal. Proposed Use The applicant is proposing to sell beer inside the restaurant only (not on the patio). Alcohol will be sold at the point of sale. Only beer is proposed to be sold at this location. Beer would be served in 12 oz. bottles with the cap removed (condition of approval). The operating hours of Chipotle are 10 a.m. to 11 p,m. daily, which would also be the proposed alcohol sales hours. No live entertainment is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. In this case, 232 people were notified of the public hearing, as well as for the community meeting. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, July 8, 2015 at 5:30 pm at the subject restaurant. The meeting advertisement is attached. According to the applicant, no-one appeared for the community meeting. It should be noted that all properties within 660 feet of the property are commercial in nature. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. There are no schools within 660 ft.; the nearest school is Kimball Elementary School, which is located over 1,500 feet away. 14 Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use Corridor zone pursuant to a Conditional Use Permit, and the proposed alcohol sales meet the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any appiicabie specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. Alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. No Specific Plans exist in this location. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal involves an existing commercial space, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. Access to and from the site is provided by Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B. The current ADT capacity of Mile of Cars Way is 40,000 with a current ADT of 17,000; therefore, it is not expected that alcohol sales would result in an increase in ADT such that the LOS would be affected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be accessory to the existing restaurant use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. 15 The proposed use will be compatible with other nearby businesses that also sell alcohol as an accessory use. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is not considered a project under CEQA (California Environmental Quality Act), as no development is proposed. In addition, the proposed use is identical to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated staff is of the opinion that the project would not result in any physical changes to the environment. There is an additional finding which must be made for alcohol sales CUP applications. The finding is that the proposed use is deemed essential and desirable to the public convenience and necessity. In this case the alcohol sales will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. There are also three findings for denial based on the amount of existing on -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. Department and Agency Comments Alcohol Sales Concentration/Location — Per ABC, there are currently nine on -sale permits issued in the subject census tract (219). These permits are: Name Club 13 Stoney's Bar & Grill The Waterfront Grill Buster's Beach House Goody's Sushi & Grill Clarion (Hotel) Eagles Aerie 2712 Papa Gallo Cafe Aunt Emma's Pancakes * Type 40 — Type 41 - Type 47 - Type 51 - Address 640 Civic Center Dr. 108 W. 25tn St. 3201 Marina Way 740 Bay Marina Dr. 2424 Hoover Ave. 700 National City Blvd. 1131 Roosevelt Ave. 1930 Cleveland Ave. 214 National City Blvd. License Type* 40 47 47 47 41 47 51 41 41 On -Sale Beer On -Sale Beer and Wine for Bona Fide Public Eating Place On -Sale General for Bona Fide Public Eating Place Club Of the nine licenses, seven are restaurants, one a bar, and one a private license (Eagles Aerie 2712). The subject use is consistent with other on -sale businesses, all of which are consistent with the MXC-2 zone. 16 Census tract 219 includes the area of west of National City Blvd. from the northern City boundary to the southern boundary. The attached census tract map shows the location of the subject tract. ABC recommends a total of seven on -sale alcohol permits be issued in this census tract, where nine exist. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 24) had a current (January to August 2015) crime rate of 237.5%, above the 120% considered to be a high crime area. Consistent with recent policy, PC provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Chipotle received 13 points, which wouid indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies (IPS) IPS made mention of the license over -concentration in the census tract and encouraged that staff and management attend Responsible Beverage Sales and Service training. The training is included as a Condition of Approval. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. The proposed use would be accessory to the existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. Chipotle Mexican Grill has only been in business at this location for a short time. However, the addition of alcohol sales is not expected to have any significant effects on the area. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, the subject location is a family restaurant where alcohol will only be available with the sale of food. 17 OPTIONS 1. Approve 2015-18 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2015-18 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item in order to obtain additional information. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Location Map 4. Site photos 5. Applicant's Plans (Exhibit A, case file no. 2015-18 CUP, dated 8/27/2015) 6. Community meeting advertisement and rental agreement 7. Police Department and Institute for Public Strategies comments 8. Census Tract Map and Police Beat Map 9. Public Hearing Notice (Sent to 242 property owners and occupants) MARTIN REEDER, AICP Principal Planner Executive Director 18 RECOMMENDED FINDINGS FOR APPROVAL 2015-18 CUP; 404 Mile of Cars Way 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with a!l other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone, and because no Specific Plans exist in this location. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, and because the sale of beer is not expected to appreciably increase traffic on Mile of Cars Way based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the properly. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed iri compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7 That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 19 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2015-18 CUP, 404 Mile of Cars Way 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over -concentrated with regard to on -sale alcohol outlets; nine on -sale outlets are permitted where seven are recommended by the California Department of Alcoholic Beverage Controi. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because seven other on -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 20 RECOMMENDED CONDITIONS OF APPROVAL 2015-18 CUP; 404 Mile of Cars Way General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 404 Mile of Cars Way. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2015-18 CUP, dated 8/27/2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this pemiit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional use Permit are binding on aii 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 Executive Director prior to recordation. Planning 7. Beer shall only be offered in 12 oz. botties; the cap shall be removed and discarded by a staff member after purchase and prior to being served to the customer. 8. No beer is permitted to be consumed on the patio or anywhere outside the restaurant. 9. Permittee shall post signs in the dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken out to the patio area. 21 10. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 11:00 p.m. seven days a week. 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13. Alcohol shall be available only in conjunction with the purchase of food. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 15. Pemiittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 22 2015-18 CUP — Chipotle — Site Photos Existing building looking northwest Subject suite looking northwest 23 August 25, 2014 CensusTracts 2010 1:45,467 0 0.375 0.75 0 0.5 1 1.5 mi 2 km Sources: Esti, HERE, DsLonne, TomTom, Intennop, Increment P Corp., GEM°, USGS, FAO, nPS, I RCAN, GeoBase, IGN, Kalester NL, Ordnance S+roy, Ear, Japan, METI. Esd Cline (Hong Kong), swisstopo, MapmyUdia, OperStmotMap eonb ibut rs. and the GIS UserCormimity CoprIghteAndlly1913E-2003 lichisoft 6olpontlfon ancliar Its toppers All Cele* mappliw nd dIrecINn dala021:105 NAV1E-Q. AR rights resumed . NA rase Tele Mos Atlas Noah are Inactema Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National" City Beat 24 25 • • NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 09/10/15 BUSINESS NAME: Chipotle ADDRESS: 404 Mile of Cars Way, National City, CA 91950 OWNERNAME: Chipotle Mexican Grill, Inc DOB_ N/A OWNER. ADDRESS: 2222 Damon Street, Los Angeles, CA 90021 (add additional owners on page 2) I. Type of Business 0 Restaurant (1 pt) ❑ Market (2 pts) 0 Bar/Night Club (3 pts) H. Hours of Operation 0 Daytime hours (1 pt) in Close by lOpm (2 pts) ❑ Close after lOpm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) U Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1pt) ❑ Medium (2 pts) i 1 High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt). ❑ Average (2 pts) 0 Above (3 pts) Revised: 11/11 i Notes: Crime Rate - over 120% Census Tract - 219 Allowed Type 47 - (8) On -sale (4) Off -sale Current Licenses - (9) On -sale (6) Of sale Oversaturated Census Tract 1 of 2 National City Police Department VI. Calls for Service at Location (for previous 6 months) 0 Below (1 pt) 0 Average (2 pts) i"u Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) VI Mostly commercial businesses (1 pt) ❑ Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII.Owner(s) records check 0 No criminal incidents (0 pts) Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) OWNER NAME: Unknown OWNER ADDRESS: DOB: ABC Risk Assessment II Low Risk (12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 13 OWNER NAME: Unknown OWNER ADDRESS: DOB: Recommendation: - NCPD does not have a proactive enforcement unit for ABC outlets. - (8) On -sale licenses are allowed, census tract 219 - currently have (9) On -sale - (4) Off -sale licenses are allowed, census tract 219 - currently (6) Off -Sale -High crime area - crime rate in the area is 237.5%, well above the 120% average ABC a high crime rate Completed by: Graham Young, Lt 2 of 2 Badge ID: 365 27 Required Parameters Reporting Period: 01/2015 to 08/2015 A • en : NATIONAL CITY ABC Report 2015 ABC Report NCPD Optional Parameters Geographical Area: Grou to .: Beat 024 Prior Re..rt Number: B98S328R CRIME TYPES CRIMINAL HOMICIDE FORCIBLE RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY LARCENY MOTOR VEHICLE THEFT Total Part I Crime: ARREST TYPES SIMPLE ASSAULT OTHER PART II CRIMES CHILD AND FAMILY DEADLY WEAPONS EMBEZZLEMENT FRAUD GAMBLING MALICIOUS MISCHIEF NARCOTICS SEX CRIMES FORGERY OTHER NON -CRIMINAL Total Part II Arrest: CRIME TOTALS 0 2 9 29 17 52 43 1S2 ARREST TOTALS 6 251 7 5 4 4 0 3 37 1 2 24 344 Beat Total = Part 1 Crime + Part 11 Arrest: 496 BeatAve. ( Agency / Beat ): 208.9 Agency Wide Total = Part 1 Crime + Part II Arrest: 2,924 Beat Total as % of Beat Average: : 237.5% (120% is considered high crime area) Sep 9,2015 -7- 10:07:25AM 28 aPt OS. California ABC - License Query ;== ..kem - Data Portal corlo Som.?, California Department of Alcoholic Beverage Control For the County of SAN. DiEGO. - (Retail Licenses) and Census Tract = 219 2) 3) Status 361854 395760 428259 474554 79742 CTIVE ACTIVE ACTIVE ACTIVE ACTIVE )188545 CTIVE 20 40 47 20 47 Orig. Ise. Date Explr Datf /25/2000 r2/31/201511 3/2572003 ./292018 10/5/2005 9/30/2016 5/20/2009 /3/2009 47 /2312010 s.:29:48 PM 4/30/2018 8/31/2018 0/2016 Report as of 9/20/2015 Primary Owner and Prentssa Addr. OOKY BROS INC 6.43'MLSON AVE TIONAL CITY, CA 1950 Tract 0219.00 1' AGADAN, ANA 3ETANZOS 340 CIVIC CENTER DR NATIONAL crrv, CA 11950 Census Tract 0219.00 Business Marne [ARID° MARKET k LUB 13 Page 1 of 2 Haling Addrasa 1851 MALTA AVE CHULA VISTA, CA 91911 NIGHTTRAIN ENTERPRISES INC 108 W25TH ST, UNITS D-G NATIONAL CITY, CA ?1950 Census Tract 0219.00 STONEYS BAR & GRILL 785 MARBELLA CIR CHULA VISTA, CA 91910 INATL CITY COMPLEX INC 133 W 8TH ST NATIONAL CITY, CA 91950-1129 !Census Tract 0219.00 IER32 WATERFRONT RILL LLC 01 MARINA WAY, STE 02 TIONAL CITY, CA 1950-6301 nsus Tract: 0219.00 NAIL CITY COMPLEX INC ATERFRONT GRILL THE' 11 980 N HARBOR -,# 200 NDIEGO,CA 106 708 3708 BG RESTAURANTS;NG 40 BAY MARINA DR ATIONAL CITY, CA 1950-6427 Tract 0210.00 USTORS BEACH HOUSE . ND LONG BOARD BAR 13372 CTIVE I 20 !(t0/27/2011 9/30/2015 I �� UM INC 0 OSBORN ST ATIONAL CITY, CA 1950-1115 nsus Tract 0219.00 'NATIONAL CITY VALERO 7 708 I 1 PM .1 630 ACTIVE 41 3/19/2012 /f29/20i6 IRATSACRAK ESTAURANT GROUP LC 424 HOOVER AVE, LDG 5A STES F & P TIONAL CRY, CA 1950-8552 ensus Tract 0219.00 13 OODYS SUSI 11 & GRILL 3708 ___--z� 3:4729 PM I ! /3 i,213/30/2016 AK SOUTH LP LARION NATIONAL CITY :06:16 AM 00 NATIONAL CITY 21725 GATEWAY Y i708 CENTER DR JJ T r' - -'^- 29 California ABC License Query r 1,P n - Data Portal Page 2 of 2 10) 11) 12) 13) 14) 15) 5332 546503 54761 551696 553292 555621 ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE 21 20 51 21 41 41 1 /22/1973 2/29/2016 9/29/2014 1:04:24 PM 8/31/2016 5/10/1956 1/31/2016 4/7/2015 7:58:24 AM 5/8/2015 2:52:24 PM `3/31/2016 5/31/2016 3/12/2015 10:28:27 AM 5/31/2016 --- End ofReport --- LVD ATIONAL CITY, CA 1950 nsus Tract: 0219.00 ATTIQ, LOUIS 110 NATIONAL CITY BLVD NATIONAL CITY, CA 31950 Census Tract 0210.00 ONE TEN LIQUOR & MARKET OIKHO, GHALI S 1540 COOLIDGE AVE NATIONAL CITY, CA 91950-4424 Census Tract 0219.00 BIG B MARKET & DELI =AGLES LODGE AERIE 2712 1 131 ROOSEVELT AVE NATIONAL CITY, CA 31950 Nensus Tract 0219.00 EAGLES AERIE 2712 J & A COZI BAZZI INC 402 CIVIC CENTER DR NATIONAL CITY, CA 91950-4321 Census Tract 0219.00 PAPA GALLO, LLC 1930 CLEVELAND AVE NATIONAL CITY, CA 91950-5415 Census Tract 0219.00 COZINES GRc5 ERY PAPA GALLO CAFE AUNT EMMAS PANCAKES 214 NATIONAL CITY 3LVD NATIONAL CITY, CA B1950-1109 AUNT EMMAS PANCAKES Census Tract 0219.00 pA IAMOND BAR, 91765 230 GLOVER AVE 6'TE K CHULA VISTA, CA 91910 For a definition of codes, view our glossary. 3708 `3708 3708 3708 I 30 community change project Environmental Scan for Alcohol License C.J.P. Chipotle Restaurant 404 Mile of Cars Way National City, CA 91950 September 14, 2015 Photo of Chipotle Restaurant in National City 38 99.02 4 .�'�, 219 _ 216 ' Google Earth View of 404 Mile of Cars Way. and Surrounding Area 0 ill On 1E According to the ABC, seven (7) on -site licenses are authorized for Census Tract 219, the census track within the area of which the Chipotle Restaurant is located. Currently there are nine (9) off -sale licenses issued for the Census Tract is 219. This number exceeds the census track allocation by 2. The business is the Chipotle Restaurant, a restaurant with sales of food from a menu and beverages. During a scan of the business and property the following was noted: The business is one of several businesses located in one strip of property with other businesses in the immediate area. The Chipotle Restaurant will be approximately 70 feet away from Goody's Sushi & Grill. This business has a type 41 license. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 31 Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches The business is not located near any churches in the area. Outlet Density According to the ABC, six (7) on -site licenses are authorized for Census Tract 219, the census track within the area of which the Chipotle Restaurant is located. Currently there are four (9) on -sale licenses issued for the Census Tract is 219. This number exceeds the census track allocation by 2. 216 26,2 e and -'fed Pin depict applicant's location for "Chipotle" at 404 Mile of Cars Way, National City. Yellow Circles depict existing alcohol outlets in applicant's census tract and other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City The South Bay Community Change Project is a project of the Institute for Public Strategies and is funded by the San D ego County Health and Human Services Agency Page2of3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 ® Phone: 619.476-9100 • Fax: 619.476-9104 www, publicstrategies, org 32 Census Tracts Off -Sale Tract 219 Establishment is within this tract Allowed: 4 Actual: 6 Number Above/Below Allowable: +2 On -Safe Allowed: 7 Actual: 9 Above/Below: +2 Off -Sale Crime Rate Please refer to Police Department report. On -Sale Considerations The Crime Rate is unknown for this location. A follow up request for this infonnation from personnel within the City of National City, may result in obtaining the crime rate for this location. We would recommend that the staff, management, and owner attend the Responsible Beverage Sales and Service training. The Sate Bay Community Change Project is a project of the Institute for Public Sirategies and is funded by the San Diego County Health and Human Services Agency Page 3 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 33 NOTICE OF NEIGHBORHOOD MEETING Chipotle Mexican Grill has submitted a Conditional Use Permit application to the National City Planning Department for the on -site sale of a full line of alcoholic beverages secondary to the operation of their proposed restaurant at 404 Mile of Cars Way, Suite 103. We invite you to attend a neighborhood meeting to learn more about the application. Meeting information: National City Chamber of Commerce 901 National City Blvd National City CA 91950 DATE: Thursday, September 10, 2015 TIME: 7:00 pm All interested persons are invited to attend. We look forward to seeing you there! If you have any questions, please email Margaret Taylor, Margaret@apex-la.com. 34 Transaction Receipt Page 1 of 1 Merchant: NATIONAL CTIY CHAMBER OF COMMERCE 901 NATIONAL CM' BLVD NATIONAL CITY, CA 91950 (619) 477-9339 US Order information Description: Order Number. Customer ID: Sept 10 Conference Room Rental P.G. Numiwir. Invoice Number. Code 4301 Billing Information Mihail Obogeanu 5419 Hollywood Blvd St C747 Los Angeles, CA 920027 USA Shipping information Mihail Obogeanu 5419 Hollywood Blvd St C747 Los Angeles, CA 920027 USA MasterCard XXXX5469 DateTme: Transaction ID: Transaction Type: Transaction Status: Authorization Code: Payment Method: 20-Aug-2015 17:58:44 MDT 7456009849 Authorization wl Auto Capture Captured/Pending Settlement 07032G MasterCard XXXX5489 Shipping: 0.00 Tax 0.00 Total: USD 200.00 https://account.authorize.net/ui/themes/anet/Transaction Transac` onReceipt... 8/20/2015 35 !11�F 4887,;•-_ CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY. CASE FILE NO.: 2015-18 CUP APN: 562-340-15 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 2, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Chipotle Mexican Grill, Inc.) The applicant is proposing to sell beer and wine inside the restaurant only (not on the patio) between the hours of 10 a.m. to 11 p.m. daily. No live entertainment is proposed. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 2, 2015, who can be contacted at 619-336-4310 or plannini©nationalcitvca.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 DEPARTMENT BRAD RAULSTON Executive Director 36 RESOLUTION NO. 2015-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY CASE FILE NO. 2015-18 CUP APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at Chipotle Restaurant located at 404 Mile of Cars Way at a duly advertised public hearing held Olt November 2, 2015, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2015-18 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 2, 2015, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. 2. That the proposed use is consistent with the General Plan and any applicable specific puns, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan: and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone, and because no Specific Plans exist in this location. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, and 37 because the sale of beer is not expected to appreciably increase traffic on Mile of Cars Way based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 404 Mile of Cars Way. Plans submitted for permits associated with this project shall conform with Exhibit A, Case File No. 2015-18 CUP, dated 8/27/2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 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. 38 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting ail conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. Beer shall only be offered in 12 oz. bottles; the cap shall be removed and discarded by a staff member after purchase and prior to being served to the customer. 8. No beer is permitted to be consumed on the patio or anywhere outside the restaurant. 9. Permittee shall post signs in the dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken out to the patio area. 10. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 11:00 p.m. seven days a week. 11.All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall sithmit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shah be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13.Alcohol shall be available only in conjunction with the purchase of food. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 39 Police 15. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 2, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Baca, Bush, DelaPaz, Flores, Garcia, Yamane CHAIRPE SON 40 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Pubiic Hearing after the hour of 6:00 p.m., Tuesday, December 1, 2015, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider a: CONDITIONAL USE PERMIT FOR BEER SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY. 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 conducted a Public Hearing at their meeting of November 2, 2015 and voted unanimously to recommend approval of the Conditk. na! Use Permit. November 18, 2015 ire Michael R. da!!a. CMC City Clerk CC/CDC-HA Agenda 12/1/2015 — Page 182 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Chapter 6.04 of the National City Municipal Code by amending Section 6.04.210 to extend the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) **Companion Items CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Chapter 6.04 of the National City Municipal Code by amending Section 6.04.210 to extend the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) PREPARED BY: 'Raymond Pe PHONE: 036-44211 EXPLANATION: DEPARTMENT: Planning Division APPROVED 13`1,4_ In 2011, the City Council adopted the Climate Action Plan (CAP) with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020. This goal is consistent with California's Global Warming Solutions Act of 2006 (AB32). One of the CAP emission reduction measures encourages energy audits of existing buildings to inform owners of their energy usage. This measure is being implemented for businesses in the City through the Free Resource and Energy Business Evaluations (FREBE) program, which is administered by the City of Chula Vista on behalf of the City. On June 2, 2015, the City entered into a memorandum of understanding with the City of Chula Vista to administer the FREBE program in National City through December 31, 2015. The City of Chula Vista has offered to provide an additional five years of support through the South Bay Energy Action Collaborative (SoBEAC) with funding through its Local Government Partnership with SDG&E. Chula Vista has operated the FREBE program in Chula Vista since 2008 and has indicated that the first year of the program in National City has been very successful and well -received by businesses. The proposed ordinance amendment would extend the effective date of the National City FREBE program to December 31, 2020, FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable ENVIRONMENTAL REVIEW: This activity is riot a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act, yiilL ill AiNC : iiNTRODUCTION: 1 FINALADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Introduce the Ordinance for first reading. BOARD / COMMISSION RECOMMENDATION: Not Applicable._ ATTACHMENTS: 1. Background Report Attachment 1 Background Report Climate Action Plan in 2011, the City Council adopted the Climate Action Han (CAP) with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020. This goal is consistent with California's Global Warming Solutions Act of 2006 (AB32). The CAP found that commercial and industrial operations accounted for 25 percent of community -wide emissions in 2005 and forecasted an increase to 38 percent by 2030 under the 'business -as -usual' scenario, i.e. if no additional measures are taken to reduce em ssions The CAP includes emission reduction measures that could be implemented to achieve the 2020 goal. One of these measures encourages energy audits of buildings to inform owners of their energy usage. This measure is being implemented for businesses in the City through the Free Resource and Energy Business Evaluations (FREBE) program, which is administered by the City of Chula Vista on behalf of the City. CAP Implementation Study In 2014, the City initiated a study to identify potential poiicies and programs that could be implemented to help achieve CAP goals. This effort was funded through the South Bay Energy Action Collaborative (SoBEAC), a cooperative initiative between National City, Chula Vista, Imperial Beach, and Coronado with the goal of advancing energy efficiency and conservation efforts among the member cities. SoBEAC is a Local Government Partnership funded through SDG&F. After a review of innovative energy and water saving programs in effect throughout the state, Chula Vista's FREBE program stood out for its effectiveness in helping businesses reduce utility costs though energy and water saving measures. The program began in 2008 and has since been very successful with high participation. Evaluations are conducted when convenient for businesses, which receive customized recommendations to save energy and water and to implement sustainable practices. Businesses have no obligation to carry out the recommendations since implementation is voluntary. In Chula Vista, roughly 600 businesses are evaluated annually, and approximately 65 percent choose to implement one or more recommendations. in addition, businesses are referred to the SDG&E Business Energy Solutions Program, which provides energy efficiency equipment upgrades at no -cost to small and medium sized businesses. The average participant saves over $4,000 in annual energy costs. Chula Vista reports that many businesses see utility bill savings on their next bill following evaluations and many are inspired to continue making other sustainable improvements. 1 Memorandum of Understanding On June 2, 2015, the City entered into a memorandum of understanding with the City of Chula Vista to administer the FREBE program in National City through December 31, 2015. The City of Chula Vista has offered to provide an additional five years of support through the South Bay Energy Action Collaborative (SoBEAC) with funding through its Local Government Partnership with SDG&E. Chula Vista has indicated that the first year of the FREBE program in National City has been very successful and well -received by businesses. Nearly 100 businesses have been evaluated since late July, and about 40 percent are referred to SDG&E's Business Energy Solutions Program. A proposed MOU would allow the City of Chula Vista to continue to administer the FREBE program in National City through December 31, 2020. Ordinance Amendment On June 16, 2015, the City Council adopted Ordinance No. 2015-2404, which codified the energy and water evaluation requirement for businesses by amending Municipal Code Chapter 6.04. The proposed ordinance amendment would extend the effective date of the FREBE program to December 31, 2020. There are approximately 2,600 business licensees operating in the City. However, only businesses occupying a physical storefront or office on a commercial utility meter are required to participate in the program. Furthermore, the ordinance does not require businesses to implement any of the energy or water efficiency recommendations. Evaluations are approximately 30 minutes in duration and conducted in the presence of the business owner or manager. Trained evaluators conduct a review of utility bills, building systems (e.g. lighting, cooling, and heating), building envelopes (e.g. windows, doors, and insulation), office equipment, appliances, and operational procedures. Rosults of the evaluation and detailed strategies to reduce utility costs are provided to the business. Recommendations may inciude iow- or no -cost measures, such as behavior modification, as well as other measures that may reauire an investment. Evaluators also identify incentives, rebates, and low cost financing options that could reduce or eliminate implementation costs. Fiscal Impact Chula Vista anticipates that FREBE program funding will continue to be provided through SoBEAC as part of its Local Government Partnership with SDG&E. There will be no direct impact on the General Fund of the City. Staff costs associated with implementation of the program would be minimal. Most of the program implementation costs would be directly provided as in -kind support by the City of Chula Vista. 2 ORDINANCE NO. 2015 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 6.04 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 6.04.210 TO EXTEND THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION PROGRAM WHEREAS, on June 16, 2015, the City Council adopted Ordinance 2015-2404 adding Section 6.04.020 to the National City Municipal Code pertaining to the Free Resource and Energy Business Evaluation (FREBE) Program (the "Program"); and WHEREAS, the Program provides free resource and energy evaluation of businesses by the City, and provides the businesses with custom recommendations to reduce energy and water use; and WHEREAS, the City entered into a Memorandum of Understanding with the City of Chula Vista to administer a pilot FREBE program through December 31, 2015; and WHEREAS, Ordinance 2015-2404 has a provision that the Ordinance would sunset at the end of 2015; and WHEREAS, the amended ordinance would extend the Program through December 31, 2020; and WHEREAS, the City anticipates entering into a new Memorandum of Understanding with the City of Chula Vista to administer the FREBE program for an additional five years through December 31, 2020, NOW THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Chapter 6.04 of the National City Municipal Code is amended by amending section 6.04.210 to read as follows: 6.04.210 Free Resource and Energy Business Evaluation (FREBE) Program. A. Every business not exempt pursuant to subsection C, below shall receive afree resource and energy evaluation for facilities under its operational control. B. Upon notice from the City, the business principal or designee, shall: 1. Set a date for the evaluation within forty-five days of the notice; 2. Allow City staff or its designated program partner access to the facilities under his or her operational control during regular business hours; and 3. Authorize City staff or its designated program partner to review the historical energy and water usage for the business. C. The following businesses are exempt from the requirements of this Section: 1. Any business that does not have a commercial utility gas or electric meter; 2. Any business occupying facilities that were constructed or remodeled within three years of business tax license application or renewal. D. This ordinance shall remain in effect through December 31, 2020 and as of that date is repealed unless a later enacted ordinance deletes that date or extends that date. PASSED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2015- 2 Free Resourceand Energy Amending NCMC Section 6.04.210 Business Evaluation Program CC/CDC-HA Agenda 12/1/2015 — Page 188 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluation (FREBE) progr CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluation (FREBE) program. (Planning) PREPARED BY: Raymond Pe PHONE: I336-4421' EXPLANATION: DEPARTMENT: Planning Division APPROVED BY: In 2011, the City Council adopted me Climate Action Plan (CAP) with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020. This goal is consistent with California's Global Warming Solutions Act of 2006 (AB32). One of the CAP emission reduction measures encourages energy audits of existing buildings to inform owners of their energy usage. This measure is being implemented for businesses in the City through the Free Resource and Energy Business Evaluations (FREBE) program, which is administered by the City of Chula Vista on behalf of the City. On June 2, 2015, the City entered into a memorandum of understanding with the City of Chula Vista to administer the FREBE program in National City through December 31, 2015. The City of Chula Vista has offered to provide an additional five years of support through the South Bay Energy Action Collaborative (SoBEAC) with funding through its Local Government Partnership with SDG&E. Chula Vista has operated the FREBE program in Chula Vista since 2008 and has indicated that the first year of the program in National City has been very successful and well -received by businesses. The proposed MOU would allow the City of Chula Vista to continue to administer the program in National City through December 31, 2020. FINANCIAL STATEMENT:: APPROVED: ACCOUNT Na Not Applicable APPROVED: MIS ENVIRONMENTAL REVIEW This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANi. INTRODUCTION: : I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute the Memorandum of Understanding. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Background Report 2. Memorandum of Understanding Finance Attachment 1 Background Report Climate Action Plan In 2011, the City Council adopted the Climate Action Plan (CAP) with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020. This goal is consistent with California's Global Warming Solutions Act of 2006 (AB32). The CAP found that commercial and industrial operations accounted for 25 percent of community -wide emissions in 2005 and forecasted an increase to 38 percent by 2030 under the `business -as -usual' scenario, i.e. if no additional measures are taken to reduce emissions The CAP includes emission reduction measures that could be implemented to achieve the 2020 goal. One of these measures encourages energy audits of buildings to inform owners of their energy usage. This measure is being implemented for businesses in the City through the Free Resource and Energy Business Evaluations (FREBE) program, which is administered by the City of Chula Vista on behalf of the City. CAP Implementation Study In 2014, the City initiated a study to identify potential policies and programs that could be implemented to help achieve CAP goals. This effort was funded through the South Bay Energy Action Collaborative (SoBEAC), a cooperative initiative between National City, Chula Vista, Imperial Beach, and Coronado with the goal of advancing energy efficiency and conservation efforts among the member cities. SoBEAC is a Local Government Partnership funded through SDG&E. After a review of innovative energy and water saving programs in effect throughout the state, Chula Vista's FREBE program stood out for its effectiveness in helping businesses reduce utility costs though energy and water saving measures. The program began in 2008 and has since been very successful with high participation. Evaluations are conducted when convenient for businesses, which receive customized recommendations to save energy and water and to implement sustainable practices. Businesses have no obligation to carry out the recommendations since implementation is voluntary. In Chula Vista, roughly 600 businesses are evaluated annually, and approximately 65 percent choose to implement one or more recommendations. In addition, businesses are referred to the SDG&E Business Energy Solutions Program, which provides energy efficiency equipment upgrades at no -cost to small and medium sized businesses. The average participant saves over $4,000 in annual energy costs. Chula Vista reports that many businesses see utility bill savings on their next bill following evaluations and many are inspired to continue making other sustainable improvements. 1 Memorandum of Understanding On June 2, 2015, the City entered into a memorandum of understanding with the City of Chula Vista to administer the FREBE program in National City through December 31, 2015. The City of Chula Vista has offered to provide an additional five years of support through the South Bay Energy Action Collaborative (SoBEAC) with funding through its Local Government Partnership with SDG&E. Chula Vista has indicated that the first year of the FREBE program in National City has been very successful and well -received by businesses. Nearly 100 businesses have been evaluated since late July, and about 40 percent are referred to SDG&E's Business Energy Solutions Program. The proposed MOU would allow the City of Chula Vista to continue to administer the program in National City through December 31, 2020. Ordinance Amendment On June 16, 2015, the City Council adopted Ordinance No. 2015-2404, which codified the energy and water evaluation requirement for businesses by amending Municipal Code Chapter 6.04. A proposed ordinance amendment would extend the effective date of the FREBE program to December 31, 2020. There are approximately 2,600 business licensees operating in the City. However, only businesses occupying a physical storefront or office on a commercial utility meter are required to participate in the program. Furthermore, the ordinance does not require businesses to implement any of the energy or water efficiency recommendations. Evaluations are approximately 30 minutes in duration and conducted in the presence of the business owner or manager. Trained evaluators conduct a review of utility bills, building systems (e.g. lighting, cooling, and heating), building envelopes (e.g. windows, doors, and insulation), office equipment, appliances, and operational procedures. Results of the evaluation and detailed strategies to reduce utility costs are provided to the business. Recommendations may include low- or no -cost measures, such as behavior modification, as well as other measures that may require an investment. Evaluators also identify incentives, rebates, and low cost financing options that could reduce or eliminate implementation costs. Fiscal Impact Chula Vista anticipates that FREBE program funding will continue to be provided through SoBEAC as part of its Local Government Partnership with SDG&E. There will be no direct impact on the General Fund of the City. Staff costs associated with implementation of the program would be minimal. Most of the program implementation costs would be directly provided as in -kind support by the City of Chula Vista. 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA FOR THE ADMINISTRATION OF THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION PROGRAM This Memorandum of Understanding ("MOU") is entered into by and between the CITY OF NATIONAL CITY ("National City"), a municipal corporation, and the CITY OF CHULA VISTA ("Chula Vista"), a municipal corporation, and is dated for the purposes of reference only. RECITALS A. In 2009, Chula Vista began administering its Free Resource and Energy Business Evaluation ("FREBE") program, which helps local businesses identify opportunities to save energy and water. B. With funding support from San Diego Gas & Electric, Chula Vista created the South Bay Energy Action Collaborative ("SoBEAC") in 2013 to assist smaller neighboring cities with their energy efficiency and sustainability initiatives. C. On June 2, 2015, National City and Chula Vista entered into a Memorandum of Understanding for the administration of the FREBE program in National City by Chula Vista through December 31, 2015. D. On June 16, 2015, National City adopted an ordinance amending Chapter 6.04 of the National City Municipal Code to require businesses in National City to accept a no -cost resource and energy evaluation through the FREBE Program. E. National City anticipates amending the ordinance to extend the effective date of the FREBE program from December 31, 2015 to December 31, 2020. F. National City does not have sufficient staff to administer the FREBE Program. G. Chula Vista has agreed to administer the FREBE Program in National City, through calendar year 2020, under the SoBEAC component of its Local Government Partnership with San Diego Gas & Electric. H. The FREBE program in National City would be fully supported through SDG&E Local Government Partnership funding AGREEMENT 1. Term of the MOU. This MOU shall be effective on the date that the ordinance described in Recital E, above, is effective and shall remain in effect through December 31, 2020. 2. Chula Vista's Responsibilities. 2.1. Chula Vista staff agrees to administer the FREBE Program in National City with funding provided by SDG&E Local Government Partnership. 2.2. Chula Vista staff shall draft and mail a letter introducing the FREBE Program, explaining that Chula Vista staff will perform the evaluation on behalf of National City, and requesting an appointment to conduct the evaluation (the "Introduction and Appointment Letter"). The Introduction and Appointment Letter will be on National City letterhead and be signed by National City's Director of Finance, or designee. 2.3. If there is no response, or a negative response, from the business, Chula Vista staff shall draft a postcard reminding the business of its obligation to accept the evaluation (the "Follow-up Postcard"). The Follow-up Postcard will include the National City Logo. 2.4. In performing the evaluations, Chula Vista staff will use best efforts to minimize inconvenience and disruption to the businesses. 2.5. In implementing the FREBE Program in National City, Chula Vista staff will use best efforts to minimize disruption to the National City Finance Department. 2.6. Chula Vista staff will provide the businesses with information that may include, but not be limited to the following: 2.6.1. Historical energy and water consumption, identified conservation and efficiency opportunities, potential utility cost savings, and an estimate of the corresponding greenhouse gas emission reductions; 2.6.2. Recommendations for sustainable practices applicable to the business, their employees or customers, and an estimate of the corresponding greenhouse gas emission reductions; 2.6.3. Information and assistance regarding federal, state, and local rebate programs, financing options, and other funding resources to reduce the time and cost of implementing conservation and efficiency measures; and 2.6.4. Contact information for local utility account and program staff and contractors that may provide services to implement conservation and efficiency measures. 3. National City's Responsibilities. 3.1. National City Finance staff will periodically give Chula Vista staff a list of the most recent business licenses issued by National City. The information will include the business name, address, phone number(s), and names of principals. letter. 3.2. National City Finance staff will approve the Introduction and Appointment 3.3. National City Finance staff will approve the Follow-up Postcard. 2 City of Chula Vista and City of National City 2015 MOU for FREBE Program 3.4. National City staff will cooperate and work with Chula Vista staff. 4. Indemnity. 4.1 Claims Arising From Sole Acts or Omissions of Chula Vista. Chula Vista agrees to defend and indemnify National City, and its respective agents, officers and employees, from any claim, action or proceeding against National City, arising solely out of the negligent acts or omissions or willful misconduct of Chula Vista in the performance of its duties pursuant to this MOU. At its sole discretion, National City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve Chula Vista of any obligation imposed by this MOU. National City shall promptly notify Chula Vista of any claim, action or proceeding and cooperate fully in the defense. 4.2 Claims Arising From Sole Acts or Omissions of National City. National City agrees to defend and indemnify Chula Vista, and its agents, officers and employees, from any claim, action or proceeding against Chula Vista, arising solely out of the negligent acts or omissions or willful misconduct of National City in the performance of its duties pursuant to this MOU. At its sole discretion, Chula Vista may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve National City of any obligation imposed by this MOU. Chula Vista shall promptly notify National City of any claim, action or proceeding and cooperate fully in the defense. 4.3 Claims Arising From Concurrent Acts or Omissions. National City agrees to defend and indemnify Chula Vista from any claim, action or proceeding arising out of, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions, or willful misconduct of Chula Vista, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of National City, its employees, agents or officers, or any third party. 4.4 Joint Defense. Notwithstanding subsection 4.3, above, in cases where Chula Vista and National City agree in writing to a joint defense, Chula Vista and National City may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Chula Vista and National City. Joint defense counsel shall be selected by mutual agreement of the parties. The parties further agree that no party may bind the other party to a settlement agreement without the written consent of the other party. 4.5 Reimbursement and/or Reallocation. Where a final judgment of a court award allocates or determines the comparative fault of the parties, Chula Vista and National City may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 4.6 Limitation of Liability. Other than claims for physical injury to person or property, the Parties acknowledge that each Party's liability under this MOU shall be limited to actual damages only and that the Parties shall have no obligation or liability for general or special damages. 3 City of Chula Vista and City of National City 2015 MOU for FREBE Program 4.7 Survival. A Party's obligations under this Indemnity section shall survive the termination of this MOU. 5. Insurance. Chula Vista shall provide its own liability insurance, including automobile liability insurance, health, disability and other insurance. National City shall not be responsible for insurance coverage for Chula Vista's employees. Chula Vista shall provide its own workers compensation insurance for any Chula Vista employee who performs services pursuant to this MOU. 6. Termination. Either Party may terminate this MOU by providing fifteen days' written notice to the other Party. Notwithstanding the foregoing, if, for any reason, SDG&E ceases to provide Chula Vista with the funding necessary to perform Chula Vista's responsibilities under this MOU, then the MOU shall be immediately terminated and Chula Vista shall be relieved of all obligations imposed on it by this MOU. 7. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this MOU, against Chula Vista unless a claim has first been presented in writing and filed with Chula Vista and acted upon by Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. 8. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this MOU must be in writing. All notices, demands, and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered, or certified, with return receipt requested, at the addresses identified below: a. City of Chula Vista Bob Beamon, Conservation Manager 276 Fourth Avenue, Chula Vista, CA 91910 619-409-1965 b. City of National City Brad Raulston, Executive Director 1243 National City Boulevard National City, CA 91902 619-336-4240 9. Integration. This MOU, together with any other written document referred to or contemplated in it, embody the entire agreement and understanding between the Parties relating to the subject matter hereof. Neither this MOU nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the Party against which enforcement of such amendment, waiver or discharge is sought. 4 City of Chula Vista and City of National City 2015 MOU for FREBE Program 10. Capacity of Parties. Each signatory and Party to this MOU warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this MOU, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this MOU. 11. Governing Law/Venue. This MOU shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California. IN WITNESS WHEREOF, Chula Vista and National City have executed this MOU, indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA CITY OF NATIONAL CITY By: By: Mary Casillas, Mayor Ron Morrison, Mayor Attest: Attest: Donna Norris, City Clerk Michael R. Dalla, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Glen R. Googins, City Attorney Claudia Gacitua Silva, City Attorney 5 City of Chula Vista and City of National City 2015 MOU for FREBE Program RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF CHULA VISTA TO PROVIDE IN -KIND SERVICES TO CONTINUE THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION PROGRAM WHEREAS, in 2011, the City Council adopted the Climate Action Plan ("CAP") with the goal of reducing National City's greenhouse gas emissions to 15 percent below 2005 levels by 2020, which is consistent with California's Global Warming Solutions Act of 2006 (AB32); and WHEREAS, one of the CAP emission reduction measures encourages energy audits of existing buildings to inform owners of their energy usage; and WHEREAS, on June 2, 2015, the City Council adopted Resolution No. 2015-75 implementing a Free Resource and Energy Business Evaluations ("FREBE") program for businesses in the City, and entered into a Memorandum of Understanding ("MOU") with the City of Chula Vista to implement the program in National City through December 31, 2015 at no cost to the City with funding through the South Bay Energy Action Collaborative; and WHEREAS, on June 16, 2015, the City Council adopted Ordinance No. 2015-2404 amending Chapter 6.04 of the National City Municipal Code to require businesses in National City to accept a no -cost resource and energy evaluation through the FREBE Program; and WHEREAS, National City anticipates amending Ordinance No. 2015-2404 to extend the effective date of the FREBE program from December 31, 2015 to December 31, 2020; and WHEREAS, the City of Chula Vista has agreed to administer the FREBE Program in National City, through calendar year 2020, under the SoBEAC component of its Local Government Partnership with San Diego Gas & Electric; and WHEREAS, the FREBE program in National City would be fully supported through SDG&E Local Government Partnership funding. NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of Chula Vista to provide in -kind services to implement the Free Resource and Energy Business Evaluations ("FREBE") program. The Memorandum of Understanding is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 1st day of December, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 199 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Conditional Use Permit for beer sales at Chipotle Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Conditional Use Permit for beer sales at Chipotle Restaurant located at 404 Mile of Cars Way (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Plan` PHONE: 336-4313 APPROVED BY: �v EXPLANATION: The City Council conducted a public hearing on this item at the December 1, 2015 City Council meeting, The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY CASE FILE NO. 2015-18 CUP; APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at Chipotle Restaurant located at 404 Mile of Cars Way at a duly advertised public hearing held on December 1, 2015, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2015-18 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented 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 Council of the City of National City that the evidence presented to the City Council at the public hearing held on December 1, 2015, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1 That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone, and because no Specific Plans exist in this location. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, and because the sale of beer is not expected to appreciably increase traffic on Mile of Cars Way based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. Resolution No. 2015 — December 1, 2015 Page Two 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 404 Mile of Cars Way. Plans submitted for permits associated with this project shall conform to Exhibit "A", Case File No. 2015-18 CUP, dated August 27, 2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Resolution No. 2015 — December 1, 2015 Page Three 7 Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 8. Beer shall only be offered in 12 oz. bottles; the cap shall be removed and discarded by a staff member after purchase and prior to being served to the customer. 9. No beer is permitted to be consumed on the patio or anywhere outside the restaurant. 10. Permittee shall post signs in the dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken out to the patio area. 11. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 11:00 p.m., seven days a week. 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 14. Alcohol shall be available only in conjunction with the purchase of food. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Resolution No. 2015 — December 1, 2015 Page Four Police 16. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display, and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 1st day of December, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 12/1/2015 — Page 205 The following page(s) contain the backup material for Agenda Item: Request to use Martin Luther King Jr. Community Center (North & South Rooms) by National City College Campus Lions Club for their 8th annual Spirit of the Holidays toy and food giveaway to needy families of National City, on Saturday, December 19, 2015. A CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Request to use Martin Luther King Jr. Community Center (North & South Rooms) by National City College Campus Lions Club for their 8tn annual Spirit of the Holidays toy and food giveaway to needy families of National City, on Saturday, December 19, 2015. Applicant anticipates approximately 300- 450 families/children will be attending this year's event. The applicant is requesting a waiver of fees. PREPARED BY: Kathy Guzman PHONE: 336-4580 APPROVED BY: EXPLANATION: National City College Campus Lions Club is requesting the use of Martin Luther King Jr. Community Center (North & South Rooms) for a Spirit of the Holidays food and toy giveaway on December 19, 2015. Cost are as follows: Fees: Non-Waivable/Non-Refundable Fee Refundable Deposits: Hall Fee $ 562.88 Facility Use Fee $50.00 Cleaning $100.00 Custodial $ 280.00 Key Deposit $100.00 Chairs/Tables $ 36.25 Total $200.00 Total $ 879.13 DEPARTMENT: Engi -ering/PublicWorks The total fees, including the non-waivable/non-refundable Facility Use tee, is $929.13. There is also a refundable deposit of $200.00. The event is not a City -Sponsored or co -sponsored event, but is consistent with Policy 803 governing the use of the Martin Luther King Jr. Community Center. City Council has approved the requested waiver of fees for the last two years. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 001-41000-3572: $649.13 626-416-223-102: $280.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: L FINAL ADOPTION: I 1 STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Letter from National City College Campus Lions dated November 4th, 2015 Facility Use Application Certificate of Liability Insurance Council Policy 803 IF. In Nationa Cit S".;10/64# 14- gait National City College Campus Lions Cub: President: Steve Kirkwood Vice Pres`den t `Paul Robinson Secretary/ Treasurer Blanca Molina Member: Jim Py%s Member: Christine Peri Member: Verna Philips Member: Rose Mirka Hernandez Spirit of the Holidays: Program Chair - Blanca Molina Program Co - Chair: Julie Sepulveda November 4t" 2015 Sponsored by National City College Campus Lions serving as the "Principal Organization", along with other community organizations and volunteers. Our mission is to serve residents of National City who are in need of holiday super by way of food and toys. Dear City of National City Council Members, Ws is With Great Pride that we share with you The plans of the National C ty College Campus Lions Club. As in the past six years, the National City College Campus Lions Club is sponsoring the National City Spirit of the Holidays event on December 19, 2015. This event brightens the holiday season of some of the less fortunate families in our community. Each year the National City College Campus Lions Club partners with other community organization to raise funds to provide toys to the children and a complete holiday meal forfamilies. Traditionally, our event is conducted at the Martin Luther King Community Center and we hope to continue with the tradition. It is our request of the City Council to waive the fees associated with the use of the MLK Community Center. It's is our goal to use all the funds raised to provide toys and food to those National City residents in need. We ppprediate your s poit t of t#tris wa t}ay cause andlook)forwarclito your approval of our request. Blanca Molina The Spirit of the Holidays committee Ara4GILCila;>If 3113 } .f oJs clxw National City Fire Department National School District ritii,,, 1 i .N., A, I 14- I i:HIC l _)1 a a~�r rt rn rn Nationals City Host Lions Club i NATIORAt'.-Mir' ;•.s OEr T. Ll5FOV-3 City of National City Facility Use Application 1243 National City Blvd L.Ional City, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility ref uP Date(s) of Use: /. r / 9 - Day(s) of Use: ,"; c�q y P ..Sc ?tt 1-day Time of Used'ron7 IaM To: A INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: 9, [ i-nc, &Sr„ 4v)Is the event open to the public? J/%9 Name & Address of Organization/Group: ,l% �;n,io 1 1!';iy (1/y F &P,vc ,'ohs /, f.;,�;J Agie'r Non- profit organization No Tax ID # `i -i -a t60 Anticipated Maximum Attendance: < /,SD Percentage of National City Residents boo/ Will Admission be charged? A/O Amount $ Will this be a Fund Raising Event? 1110 Equipment Requested: # of chairs as- # of banquet tables (Stag Podium/Microphone j **PLEASE ATTACH SEATING DIAGRAM' Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes Use of Gag for Range and Oven: Yes N� Is the Use of Alcohol Requested? Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes )( No Name: Phone: Name: gore: How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO .ALL OF ITS PROVISION_ HAVE YOUR COPY OF DATE COMPLETED: //- 3 --JS APPLICATION LN POSSESION DURING USE PRINT NAME: ,E.'jc Fir?. /2 /4q SIGNATURE: ji4I ADDRESS OF APPLICANT: &CO'( AI :QOC. CITY, STATE, AND ZIP CODE: Akkoned er , cd0. PHONE: DAY FAX FAX NUMBER: 117'y-O77,), CONTACT PERSON ON THE DAY OF THE EVEN"'. /12 efi PHONE: Co) V 7y 6 777 CELL: (64) 41 » `l3 Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Public Works Stab Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Retumed: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of insurance must be attached to this permit. Organization: /Vi Cie 'J, 6,00 eapykis Person in charge of activity: %/,,,iC' / d/ A, '] /%% Address: areAve ,/c, i fdpier/ (...t4 Telephone: -* `7 %j ` �9.77 E-Mail: m hilot- eilidio • Ceira City Facilities and/ or property requested: /1 r Date(s) of use: 14 —/f 15— IJOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against anyanu l claims demand is losses, li liability dair for i �..ax.... all claims, demands, costs, xv��w, iiae,xxxx� or �raxixagC3 any'}+Gi'$vilal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. ZLne Signature of applicant Certificate of Insurance Approved by Date Name and Title Safety/ Security Please describe your procedures for crowd control and internal security:7 2l'd nd C / 4 Meal Aer^ - /'lre ,or'. -- fake befall. Qhd 7eQcht-pcwin be on S')71e fo cNiirCal one/ OSS%S.i Gild de8er /r1 se /eci'; h a7re41 s c h[.i .buir►,4viion. itiod . i€ `1 ; E h c� YES )( NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name}. Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: N /f Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Fees and Costs: SUMMARY OF CHARGES Service Clubs: $100/month Other Organizations: see prices below Martin Luther King Jr. Community Center Activity South Room North Room Entire Hall Dining: 0-73 $23.45/hr 0-149 $70.36/hr 150-221 $87.95/hr 222-294 $117.26/hr Dance/ Assembly: 0-100 $23.45/hr 101-157 $29.32/hr 158-300 $70.36/hr 301-472 $87.95/hr 473-630 $117.26/hr Casa de Salud, El Tovon Recreation, Camacho Recreation & Kimball Recreation Center $23.45/hr *Please note Camacho Gym falls under 801 Policy Fee Kimball Senior Center 0-149 $70.36/hr 151-221 $87.97/hr Kitchen: $10.00/hr $50.00 Minimum — (only to be used in conjunction with the use of the hall) $60.00 Kitchen Deposit — (required, can not be waived, and refundable upon approval from Public Works staff) $22.00/hr. during working hours and $35.00/hr. for overtime hours hrs Total$ Custodial charge shall be charges for set up, clean up and duration of event based on the events' estimated attendance as follows: 1-100 person lhr. set up and lhr. clean up 101-157 2hr. set up and 2hr. clean up 158-300 3hr. set up and 3hr. clean up 301-472 4hr. set up and 4hr. clean up 473-630 5hr. set up and 5hr. clean up **PLEASE NOTE: ADDITIONAL CHARGE FOR TABLES AND CHAIRS $1.00 PER TABLE $.75 PER CHAIR** Building use fee: $50.00-required, non waivable and non-refundable INSURANCE WILL BE REQUIRED, FOR ALL RENTALS. FUP FEE WORKSHEET (MLK, RECS, KSC/CASA, NUTRITION) Event/Group Name: "Spirit of the Holidays" - National City College Lions Resident? Yes Date(s) Rgst'd: Saturday, December 19th, 2015 Facility: Casa De Salud Time of Event: 7:00 am - 2:00 pm # Hours: 7 # People: 450 Frequency: One Time: ! X ShortTerm: 1 On -Going: Council Date: August 19th at 6:0Opm in Council Chambers at City Hall 1 Notes RENTAL RATES Hourly Rates Total MLK (for dining) _-_j People South North Entire Qt I 8 Charge C-73 73-149 $23.45 n/a n/a nla n/a nla $0.00 i $562.88 $70.36 $87.97 n/a nla nla $117.26 150-221 222-294 $0.00 $0.00 M LK'dance/assembly)0-100 $0,00 $23.45 n/a n/a 101-157 158-300 301-472 L $29.32 I n/a n/a $70.36 n/a n/a' $0.00 $0.00 - - n/a $87.95 n/a $0.00 472-630 varies n/a nla $117.26 ; $0.00 _._._..__ Rec. Centers & Casa _-- --- --- --- ( $100.00 $10.00 --- $23.45 t $0.00 Kimball Senior Center 0-149 i --- --- per month per hour $ $70.36 $0.00 ______ 150-221 $50 00 ................ $22/hr reg, or $0.00 $0.00 $0.00 $50.00 $140.00 1 $140.00 - $0.00 _ Service Clubs Only KITCHEN ($50 min) Hours: FACIBLDG USE FEE $35/hr OT Rate 1 i CUSTODIAL (DepIPW) 4 Duration Setup/Cleanup time 1-100(2hr), _101-157(4hr), --- CSDSTAFF(Dep/CSD) $35.00 $22/hr reg, or 158-300(6hr), $35/hr OT 301-472(8hr), - per hour each L $35.00 4 473:630(10hr) - $11.00 Hours: Qty: EQUIP: chairs: I $0.75 15 r $11.25 $25.00 tables: TOTAL FEES $1.00 - - $60.00 $100,00 $100.00 each Qty: 251 l - - $929.13 $0.00 $100.00 - DEPOSITS - - - -� -...-- Kitchen: Cleaning Key Deposit 1 Total Deposits:1 Refundable Refundable Refundable -�.- 1 T_ __ J 1 $100.00 ..--- 001-41000-•3572 626-4 i 6-223-102 -- - $200.00 i $649.13 ACCOUNTING: 1---.-------------.___..__.... ___.___.-_-- r $280.00 j $0.00 --- -- 001-441-000-100 -- - s - - _..__..__. - with: - - �- - - - - -- - $929.13 Date: Fees/Council Date reviewed/confirmed Notes: AC'CPRti CERTIFICATE OF LIABILITY INSURANCE DATE arivooNYYY► 11103/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICKS UPON THE CERTIFICATE HOLDER. nits CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND VIE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policyflesi must be endorsed. if SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement en this certificate does not confer rights to the certificate holder In .lieu of such endorsements DSP insurance 1900 E. Golf Road, Suite 650 Schaumburg, IL 60173 INSURED NetttoneI city Ontlege Camas Liens National City Ce*a iNa El " Johnn Adams PslrtYE jA4. . 1$00-316-67055 1tass. 4ansC%bs@dsptnS.COm 11,,mrpEr,, ,x L AC American InsiraAte Co party INSURERB: i 54 R.ER 5, .FFORDi CM,0E FAX ...:: : 1-881467-2378 NAIC 22667 INSURER C INSURER u : Yn S1 E E : RWStm ER f : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWtTHSTANDIN%a ANY REOUIREMENT. TERM OR CONCITtON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SIJCH POLICIES. LIMITS SHOWN N MAY HAVE BEEN R€DUCED? BY PAID CLAIMS. RISK LTR TYPE OF INstoRANCE AUDI. um SUER, YAM LICY tlLsTrflER POLICY or (t4AAIfDDR^rfn I POLICY EXP 1101:101YMI LIMBS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABIL'.TY HD0G27396392 09/01/2015 09/01/2016 EACH OCCURRENCE 3 1,000,000 Als SiE1cectur s s 1,000,000 CLAflS.Mri.DE e " i OCCJR J 1EO E (Any one pawn!, $ 5,000. X Aug. Per Named insured PERiONAL A ADV INJJRY s 1.000,000 is $2,000,000 GENERAL AGGREGATE S 10,000,000 GEM. AGGREGATE MIT APPLIES PER. PRODUCTS • COMP CP Aoo 2.000,000 < I F :.tC"Y ri .m, 1 1 LOC ._S A AUTOMOBILE LIABILITY �,. A'.nu ISAH0885835L 09101/2015 4 09/0112016 CEP " INEtx !> : I.r: _1,'ii Ee,: - L � U,�, m,.„ S ;- , 1.000,000 ( _..__..:.__..,_ -__,� '`-' �1 X t D SCHEMA-ED fig At,iiC t'I tEf l.:r ,s X LU'"!'S r t If +S-i,ti p� .. 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OR SERVING OF ALCOHOLIC BEVERAC-ES I I CERTIFICATE HOLDER CANCELLATION c11y of Natrona! City 1243 National City Blvd. National City California 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA?+tr .3.1.ED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL SE DELIVERED IN ACCORDANCE %/ TH TPE POL°CY PROVISIONS. THURIZED REPRESEKA: t1+£ t i 1988.2010 ACORD CORPORATION. AR rights reserved: ACORD 25 (201O/O5) The ACORD name and logo are registered marks of ACORD 12J22J2089 lb:Si5 S194257243 VRDELCPAS PACE 01182 I DEPAR OF 1 TREASURY TETEEnn REVESON MAW= 's«+NAT•I OH 45919-0043 COLLEGE CAMPUS LIONS CLUB 5 W Y8TR6T NATIC?TAL CITY, Ch 91950 Date of this notice; 12-22-2009 Employer Identification Humber: 21-1S26613 Foxe. SS-4 Number of this notice: CP 575 E For assistance you may call um at 1-500-02944933 IF YUJ WRITE, ATTACH TH6 STUB AT THE END OF THIS NOTICE. WE A98t D Moss lempLO1 EE TDENTIFTOATX0N NUMBER Thank you for applying for as layer Idtificatire Number OEM. We assigned. ,p you SIN 27-1526613. This SIN will identifyyou, your buaine a accounte, tax returns, and document*, even it you have no employees. Please keep this notice in your permanent records. *hen filing tax documents, payments, and related correspondence, it is very important that you use your BIN and complete name and address exactly as shown above. My variation may cause a thaw ir, proceaein , result is incorrect information in your account, or even cause you to be assigned. sore thane one UN. If the information is •mot correct as shownabove, plvaae make the correction using the attached tear off stub* and return it to us. Assigning an EEC doers not grant tax-exempt statue to non-profit organizations. Publication 597. r x Eft statue for Your Orgeniestion, bas details on the apgailoation Process. ea well as information an returns you may need to file. To apply for fowl recognition of tax -tempt status. moat organizations will need to complete either Fore 1023. • pplication for Recognition of Domption Under Section 501 (c) f3) of the Internal Revenue Cade, or Form 1024, Application for Recognition of motion Under Section 502(a). Submit the completed form, all applicable attachments, and tit require'; user tee to: Internal. Revenue Service PO Box 192 Covington, EY 410i2-5192 The Pension protection Act of 2006 contains numerous changes to the tent law provisions effect tax-exempt orgalizaticre. including an annual electronic notification requiremeo* (Fora 99040 for orgenisatic= nc required to file an annual information retina (Ppm 990 or you 99A-EE) . ad7Eit3,c ll. , if :.you aria required to tile an annual infortiaation return, you may be required to file it electronically. Please refer to the charities a No@-P ofi,ta page et www,iire.gov for the most current information an your fU&og requirements and an provisions of the Pension erection Act of 2006 that may affect you. To obtain tax forme and publications. including those referenced in this notice. visit our Hen site at www.irs.gov. If you do =ft have access to tha Internet, ea1:,, t-ao0-a29-9676 (TTY/Tbo 1-800-829-4059) or visit your local. IRS office. CITY COUNCIL POLICY TITLE: MUM USE GUIDELINES AND REGULATIONS FOR THEUSE OF POLICY 803 THE MARTIN LUTHER KIM JR; COMNIUNE11( CENTER AND *GRANGES NUMBER • ADOPTED: August 10, 1993 FW-, AMENDED OR September 16, 2008 REVISED • l'inTese Page I of 3 To establish a.policy that dermas ippropriate fac4ity usage and priorities and assigns responsibility for facility • • scheduling. Policy Certain City facilities may be available public meeting purposes, civic purposes, and non-profit organiza. tions whose membership' substantially inchides National City residents or whose purpose is to provide services.to Na- ticsial City residents. The City Council recognizes the benefit of granting permission in recognfd groupitorgarnizations for the use of City facilities, and may grant Such approval upon the submission of an application. Use early City foe -Miles shall not inteafere with the daily routine of any City activity or operation. Facility use will be governedby City Council Policy and administered by the Community Services Department, The City Counefi further recosnizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or insietein the various' facilities. Upon* reccenmendation of theCommtmity Services Director, local non-profit organizations or *Rips vhdch • routinely and regularly provide financial or other support to the City ofNational City may be exempted from . room rental fees. Facilities Available for Reservation: 1.. Martin Luther King Jr. Community Center, 140 E. 121 Street Granger Musk Hall •• CUSP facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organiiations conducting activities, any profit -making endeavors, or any activity not consistent with the general busite• as parpOse of the building. Related Policy Reference: National City "Facility•Use Guidelines and Regulations for Senior and Recreation Centers" CITY OF 14ATIONAL-CITY FACILITY USE GUIDELINES AID REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER ANI GRANGER MUSIC HALL The Martin Luther Xing, Jr. Community Center and Grra ger Music Hall are public facilities, owned by the citizenry ofNational City and adrministered for them by the City Council and the staff of the City of National City, for public Use. City facilities may not be used by any person or group for private fimctionn, commercial purposes for personal uncial gain, fundraisers or. "for profit" event% religious organizations conducting activities, any profit -malting endeavors, or any activity not consistent with the general business purpose atbe bugling. These guidelines and regulations are established to pnuperly define the conditions under Which the facilities may be used and preserved for future users and may be changed or modified as necessary\by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL city of National City The Facility Use Guidelines acid.Regu1ations cover the use of the Martin Luther King; Jr, Community Center, and Granter ,Music Hall. If you we unable to locate the information you need in this docunent, please call its at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes,,civic purposes, and non-profit organizations whose membership substantially includes Natioaal City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities; and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered-by'the Community Services Department The City Council further recognizes that a fee is appropriate inmost circumstances, particularly to'recover the Citys cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and.preserved for future users and maybe changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther King4r. Commur*Jty Center,140 E.12th Street 2. Granger Music Hall City facilities may not be used by any person or group. for private functions, commercial purposes for personal financial gain; fundraisers or "for profit" events, religious organizations conducting activities, any profit -males ,g endeavors, or any ctivity not consistent with..the general business purp: e oft c bulldf . ' The City of National City is combatted to the policy that all persons shall have• access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or.disabiIity. 3 1 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits l; Exclusions .. 8 App1icant'Eligibility • .9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 . RATES ... ..io SPECIAL RATES .. .10. Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit C1eining Deposit Key Deposit - 11 FEES Facility Use Fee • 11 PAYMENT 11 General •kitchen Cleaning KEY S Facility Use 12 KB•S p 12 SET-UP DIAGRAM • 12 DECORATING .12 RESTROOMS . .13 INDEMNIFICATION ...13 INSURANCE 13 ALCOHOL REGULATIONS ..13 SECURITY. • 14 SMOKING. , .... . 5 14 FINANCIAL, STATEMENT ' 14 LOAN OF FACILITY EQUIP IV T ..15 NON-DISCRIMINATION .15 CATEGORIES OF USE - BY PRIORITY Category - . Use - . Fees . Required Approval I. City Events. orgtmized er spimsored by the City. No Fees • ' • = Community Services Director II. - , City employee groups for offieial meetings. For Custodial Fees • . • C...'munity Saviees Director .. . • other' than official meetings, functions will be.: classified bY•usc. IR • ' Educational Groups. Educational activities organized by any school located in National City. Council Approved Rate . City Council • • IV. . Governmental Agencies Council Approved Rate City Council V. • ' ' Civic groups/Service Groups Council Approved Rate City Council . ' Advocacy. An . individual, gronp, sponsors of a ballot proposition, etc. for advocacy purpnses, candidates forum or a ballot proposition(s) forum. Council Approved Rate . • City Council . VII. ' . - I ' • SOcial Groups. National City Non-profit organizations, which are democratic in nature and organized fer social purposes, With membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predorvinate as officers Of the . organization, and with at least 70% of its active ir.iimbershiP comprised of residents of the City of National Gib!. A non- pita organization is one whose artiles of incorporatien as non- profit have been endorsed by the California . Secretary of State, and . who submits either a receipt for payment of . current California taxes or a current exam , tion for Council'Approved Rate . . , ' City Council . • 6 Ithe payment of these taxes **the State - Pranchise Tax Board. Other. Proposed use not falling readily into one of the above.uee categories will require City Council apriretyni ter--- _... Private. National City residents who would ]lice tn wk. age` Hall for weddings, pies, and special events. Council Approved Rate Council Approved Rate 7 City Council City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with .70% or more group members who reside in National City will be considered Resident Groups. CATEGORIES OF USE.-- FEES AND DEPOSITS Type . Fees Council Action kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee L City Event ' No Fees None None . None None . r None U. Employee Oreup C ietodial fees None • • None - ' None None None ' ILL. Educational Group Council ApProved Rate Required .Requited Non- waivable Refiindable Required Non- waivable Refundable Required ' Non- waivable Peftindable Required Non - waivable Refundable IV.. Government Agencies . Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Required Non - waivable Refundable Required Non- weivabla - Rcfuu dable V. • Civic/Service. Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable .Required Non- ' waivable Refundable VI.' Advocacy Group Council Approved Rate Required . Required Non- waivable - Refundable • Required Non. waivable Refundable Required Non- waivable Re€andable VII, Social Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable . Refundable VIII Other Council Approved • Rate Required • Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable XL Private Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable ' Refundable Required Non- waivable Refundable Exclusions City facilities are rot available forthe-following purposes: A) Private functions. (Except Granger Hall) E) Coxi mercial. purposes, for personal financial gain C) Fundraisers or'for-profit° events. 'For -profit examples include charging for attendanceto an event, marketing "parties",.and retail sales.. D) Alormally authorized groups sponsoring private usage (Le., a service group sponsoring a Members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although aspecial event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. 8 CC/CDC-HA Agenda 12/1/2015 — Page 225 The following page(s) contain the backup material for Agenda Item: Notice of Decision Planning Commission approval of a Conditional Use Permit for alcohol sales at a proposed Hooters Restaurant to be located in Westfield Plaza Bonita. (Applicant: Alcoholic Beverage Consulting on behalf of Hooters Restaurant) (Case File CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at a proposed Hooters Restaurant to be located in Westfield Plaza Bonita. (Applicant: Alcoholic Beverage Consulting on behalf of Hooters Restaurant) (Case File 2015-19 CUP) PREPARED BY: Martin Reeder, AICP 1 Th PHONE: 336-4313 EXPLANATION: DEPARTMENT: Planni APPROVED Hooters Restaurant has applied for a Conditional Use Permit (CUP) to sell beer, wine, and distilled spirits as an accessory use to a proposed restaurant coming to Westfield Plaza Bonita. The 228-seat restaurant is scheduled to open in December. Alcohol sales hours would be from 11:00 a.m. to 1:00 a.m. Monday to Saturday and 11:00 a.m. to 12:00 a.m. on Sundays. A Type 47 (On -Sale General) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Planning Commission conducted a public hearing on November 16, 2015. Commissioners asked questions regarding notification, design, operations, security/crime and conditions of approval. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. Community meetings were held by the applicant on October 28 and November 12; however, there were no attendees. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 1Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Garcia, Flores, Yamane Nays: DeLaPaz ATTACHMENTS: 1. Overhead 3. Resolution No. 2015-24 2. Planning Commission Staff Report 4. Reduced Plans 2015-19 CUP — Hooters Restaurant — Overhead .11 CF.^'Jjktklifi ItY1�J 7 ?'.z.tuy 1s Ray 1 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Staff Recommendation: Item no. November 16, 2015 CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A PROPOSED HOOTERS RESTAURANT TO BE LOCATED IN WESTFIELD PLAZA BONITA. 2015-19 CUP 3050 Plaza Bonita Road 564-471-07 Martin Reeder, AICP — Principal Planner Alcoholic Beyerage Consulting Major Mixed -Use District (MXD-2) Residential across Sweetwater Rd. / RS-2 Residential / County of San Diego Open Space & 1-805 / OS Open Space across Plaza Bonita Rd. / OS Not a project per CEQA Approve 2 BACKGROUND Hooters Restaurant has applied for a Conditional Use Permit (CUP) to sell beer, wine, and distilled spirits as an accessory use to a proposed restaurant coming to Westfield Plaza Bonita. The 228-seat restaurant is scheduled to open in December. Alcohol sales hours would be from 11:00 a.m. to 1:00 a.m. Monday to Saturday and 11:00 a.m. to 12:00 a.m. on Sundays. A Type 47 (On -Sale General) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Proiect Location The proposed restaurant location is an approximately 6,900 square -foot suite in VYCS a,__feld Plaza Bonita next to Target an the lower floor of the maii. The floor plan submitted with the CUP shows 228 seats, including a bar area. The suite was formerly two separate businesses — Jollibee and J. Tomson. Proposed Use The applicant is proposing to sell beer, wine, and distilled spirits inside the restaurant, both in the dining room and bar areas. Alcohol products will be stored in a secure area in the kitchen, as well as behind the bar, and would be served upon request. The proposed operating hours of Hooters would be 11:00 a.m. to 1:00 a.m. Monday to Saturday, and 11:00 a.m. to 12:00 a.m. on Sundays. No live entertainment is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. In this case, 450 people were notified of the public hearing, as well as for the community meeting. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, OaCT.be; 28, 2015 frolEE 5 p.m. to 5 p.m. t the security office in the mall. The meeting advertisement is attached. According to the applicant, no -ono appeared for the community meeting, although one community member called the applicant with concerns over noise and traffic at the mall. An email was received by staff with concerns over adequate notice and timing of the meeting. The applicant acknowledged that they had heard of notice not being received in a timely fashion by some community members; however, they stated that the notice was mailed a week prior to the meeting, In order to address these concerns, the applicant is holding a second community meeting on November 12th. This date is after this staff report is published, so any meeting information would need to be analyzed at the Planning Commission meeting. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance 3 requirements. There are no schools within 660 ft.; the nearest school is Lincoln Acres Elementary School, which is located over three quarters of a mile away. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use District zone pursuant to a Conditional Use Permit, and the proposed alcohol sales meet the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. Alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use District Zone. No Specific Plans exist in this location. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal involves an existing commercial space, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. In addition, there are five other restaurants at Westfield Plaza Bonita that sell alcohol. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be accessory to the existing restaurant use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. 4 The proposed use will be compatible with other nearby businesses that also sell alcohol as an accessory use. In additions, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is not considered a project under CEQA (California Environmental Quality Act), as no development is proposed. in addition, the proposed use is identical to other restaurant uses in the area, which are consrtionally-allowed in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated staff is of the opinion that the project would not result in any physical changes to the environment. There is an additional finding which must be made for alcohol sales CUP applications. The finding is that the proposed use is deemed essential and desirable to the public convenience and necessity. In this case the alcohol sales will contribute to the viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. There are also three findings for denial based on the amount of existing on -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. Department and Agency Comments Alcohol Sales Concentration/Location — Per the California State Department of Alcoholic Beverage Control (ABC), there are currently six other on -sale permits issued in this census tract (32.04): Name Address License Type* Outback Steakhouse 2980 Plaza Bonita Rd. 47 Applebees 3030 Plaza Bonita Rd. 47 Red Robin 3030 Plaza Bonita Rd. 47 John's Incredible Pizza 3030 Plaza Bonita Rd. 41 Merne!a's Thai Bistro (CV) 3001 Bonita Rd. 41 El Torito 3030 Plaza Bonita Rd. 47 Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place All of the five licenses in National City are located at Westfield Plaza Bonita (Memela's Thai Bistro is in the City of Chula Vista). Census tract 32.04 is comprised of the area east of Interstate 805 and south of State Route 54, including part of Bonita (County of San Diego). The attached census tract map shows the location of the subject tract. ABC recommends a total of four on -sale alcohol permits be issued in this census tract, where six exist. Therefore, the census tract is considered to be over -concentrated. 5 Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) had a current (January to August 2015) crime rate of 329.9%, above the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Hooters received 16 points, which would indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies (IPS) IPS made mention of the license over -concentration in the census tract and the fact that activities involving children (e.g. Christmas train, picture with Santa, etc.) occur near the proposed restaurant location. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use District Zone. The proposed use would be accessory to a permitted restaurant use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. The addition of alcohol sales is not expected to have any significant effects on the area. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, alcohol will only be available with the sale of food. However, the proposed use may not be considered essential and desirable to the public convenience and necessity, because five other on -sale alcohol outlets are located at Westfield Plaza Bonita, four of which also have a Type 47 ABC license. OPTIONS 1. Approve 2015-19 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2015-19 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item in order to obtain additional information. 6 ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 8. Overhead 4. Site photos 5. Applicant's Plans (Exhibit A, case file no. 2015-19 CUP, dated 8/27/2015) 6. Community meeting advertisements 7. Police Department and Institute for Public Strategies comments 8. Census Tract Map and Police Beat Map 9. Public Hearing Notice (Sent to 450 property owners and occupants) MARTIN REEDER, AICP Principal Planner 7 RECOMMENDED FINDINGS FOR APPROVAL 2015-19 CUP, Hooters Restaurant That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the site is zoned Major Mixed -Use District (MXD- 2), which allows the sale of alcoholic beverages for on -site consumption as an accessory use to eating places subject to a CUP. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use District zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because there are five other restaurants at Westfield Plaza Bonita that sell alcohol, and because no increase in square -footage would occur. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be accessory to a restaurant use in an existing commercial suite, which is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 8 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2015-19 CUP, Hooters Restaurant 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over -concentrated with regard to on -sale alcohol outlets; six on - sale outlets exist in the census tract where four are recommended by the California Department of Alcoholic Beverage Control. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because five other on -sale alcohol outlets are located at Westfield Plaza Bonita, four of which also have a Type 47 ABC license. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 9 RECOMMENDED CONDITIONS OF APPROVAL 2015-19 CUP, Hooters Restaurant General 1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits at a proposed restaurant to be located in Westfield Plaza Bonita. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2015-19 CUP, dated 8/27/2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. to 1:00 a.m. Monday to Saturday, and 11:00 a.m. to 12:00 a.m. on Sundays. 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make 10 available a domestic violence training session as provided by the Institute of Public Stra c�ELK3tedes_ 9. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 10. Alcohol shall be available only in conjunction with the purchase of food. 11. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 12. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 11 2015-19 CUP — Hooters Restaurant — Site Photos Proposed restaurant north Proposed restaurant southeast 12 You are invited to attend a: COMMUNITY MEETING Date: WEDNESDAY, OCTOBER 28, 2015 Time: 5:OOPM TO 6:00PM Address: 3030 Plaza Bonita Road, Suite #1060 (Mall Security Office next to John's Incredible Pizza), National City, CA This meeting la to inform citizens of a use permit application that has been filed for the service of alcoholic beverages at a new Hooter's Restaurant that will be opening in the Westfield Plaza Bonita at the address listed above We are looking forward to meeting you and discussing any concerns or questions you may have regarding this proposed restaurant operations. If you can't attend the meeting, or if you have any questions before then, please feel free to contact Please contact Steve Rawlings, the Applicant's representative at 951-667-5152 or via email at SERCc�Rawlingsom.com. This notice is being sent to you in fulfillment of the City of National City requirements. This outreach effort to our neighbors is necessary because an application for development or use has been filed with the City of National City Planning Department. Mudif 13 You are invited to attend a: COMMUNITY MEETING Date: WEDNESDAY, NOVEMBER 12, 2015 Time: 5:OOPM TO 6:OOPM Address: 3030 Plaza Bonita Road, Suite #1060 (Mall Security Office next to John's Incredible Pizza), National City, CA This meeting is to inform citizens of a use permit application that has been filed for the service of alcoholic beverages at a new Hooter's Restaurant that will be opening in the Westfield Plaza Bonita IN Suite 1030. We are looking forward to meeting you and discussing any concerns or questions you may have regarding this proposed restaurant operations. If you can't attend the meeting, or if you have any questions before then, please feel free to contact Please contact Steve Rawlings, the Applicant's representative at 951-667-5152 or via email at SER(a�Rawlinaspm.com. This notice is being sent to you in fulfillment of the City of National City requirements. This outreach effort to our neighbors is necessary because an application for development or use has been filed with the City of National City Planning Department. 14 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 09/10/15 BUSINESS NAME: Hooters ADDRESS: 3030 Plaza Bonita Road, National City, CA 91950 OWNER NAME: Corporation - Steve Rawlings DOB: N/A OWNER ADDRESS: 26023 Jefferson Avenue, Suite D, Murrieta, CA 92562 (add additional owners on page 2) I. Type of Business it Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by I0pm (2 pts) m Close after l0pm (3 pts) III. Entertainment Vi Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate u Low (1 pt) 0 Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract 0 Below (1 pt) C Average (2 pts) VI Above (3 pts) Revised: 11/11 ? of 2 Notes: Crime Rate - over 120% Census Tract - 32.04 Allowed Type 47 - (4) currently have () Mixed times of operation: M-Sat 11 am to 1 am, Sun 11 am to 12 am. 15 National City Police Department VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) ❑ Average (2 pts) ▪ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) Vf Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check WI No criminal incidents (0 pts) 0 Minor criminal incidents (2 pts) 0 Multiple/Major criminal incidents (3 pts) OWNER NAME: Unknown OWNER ADDRESS: DOB: ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 16 OWNER NAME: Unknown OWNER ADDRESS: DOB: Recommendation: NCPD does not have a proactive enforcement unit for ABC outlets. - Within 100' of residences. - (4) on -sale licenses are allowed, census tract 32.04 currently has (6) and (1) Of Sale.. -High crime area - crime rate in the area is 329.9%, well above the 120% average ABC a high crime rate Completed by: Graham Young, Lt 2 of Badge ID: 365 16 California ABC - License Query System - Data Portal Page 1 of 2 70033 464703 Status ! TYPO ACTIVE j 47 1 •/7/2001 ACTIVE 466444 CTIVE 20 47 6/23/2008 California Department of Alcoholic Beverage Control For the County of SAN DIEGO - (Retail Licenses) and Census Tract = 32.04 Report as of 9/8/2015 Orig. iss. Expir rrimary Owner ana Date Date Premises Addr. 0/2016 OUTH SAN DIEGO TEAKHOUSE -PSHIP 980 PLAZA BONITA 5/31/2016 ATIONAL CITY, CA 1950 ensus Tract: 0032.04 TARGET CORPORATION 3060 PLAZA BONITA RD NATIONAL CITY, CA 81950-8004 Census Tract: 0032.04 27/2008 1/2016 PPLE SOCAL LLC 030 PLAZA BONITA D, STE 1298 TIONAL CITY, CA 1950-8006 nsus Tract: 0032.04 Business Name FUTBACK TEAKHOUSE TARGET T2232 PPLEBEES EIGHBORHOOD GRILL BAR Mailing Address 250 PROSPECT ST, STE 05 JOLLA, CA 92037-3618 33 S 6TH ST, CC-1028 ATTN: ERIN HOSFIELD MINNEAPOLIS, MN 55402 507, ATTN CHERY LLS ST LINN, OR 97068 708 3708 IJ 78146 CTIVE 47 4 4 1• 10/23/2009 4/30/2015 IIED ROBIN BURGER RED ROBIN BURGER & 0312 S FIDDLERS GREEN CIR, STE 600 NORTH !GREENWOOD VILLAGE, CO 110111 3708 & SPIRITS EMPORIUMS 3030 PLAZA BONITA RD, SPC 2520 NATIONAL CITY, GA 91950 ,..,-ensus Tract: 0032.04 SPIRITS EMPORIUM "1 N[11800 CTIVE ACTIVE 41 2/2/2010 1/2Wi01 1 1:07:53 AM 10/292012 11:16 03 AM 11/31/2016 IPC VENTURES INc OHNs �NGREU9 0 PLAZA BONITA �D. STE 1025 ATIONAL CITY, CA i 11950-8009 )!Census Tract: 0032.04 0(3112015 "NZEL INC NIEMELAS & THAI 01 BONf rr RD, STE IS T RO 00 � HULA VISTA, CA 1910-3265 nsus Tract: 0032.04 12/31/2015 -®- End ofReport --- M MEL TORITO LLC 30 PLAZA BONITA , SPC 2510 NATIONAL CITY. CA 81950-8009 Census Tract: 0032.04 IZZA COMPANY EL TORITO PRESSA, STE 220 CHO SANTA ARGARITA, CA 92688- 161 6660 KATELLA AVE, STE 200, C/O LEASE ADMINISTRATION CYPRESS, CA 90630-5058 httns://www.abc.ca.uov/datrort/AHCountyRep.aslt7 9/9/2015 Required Parameters Reporting Period: 01/2015 to 08/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report NCPD Optional Parameters Geographical Area: Group by: Beat 023 CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 4 ROBBERY 31 AGGRAVATED ASSAULT 36 BURGLARY 36 LARCENY 231 MOTOR VEHICLE THEFT 45 Total Part I Crime: 383 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 8 OTHER PART II CRIMES 191 CHILD AND FAMILY 5 DEADLY WEAPONS 4 EMBEZZLEMENT 1 FRAUD 1 GAMBLING 0 MALICIOUS MISCHIEF 2 NARCOTICS 61 SEX CRIMES 1 FORGERY 0 OTHER NON -CRIMINAL 32 Total Part II Arrest: 306 Beat Total = Part I Crime + Part II Arrest: 689 BeatAve. ( Agency / Beat ): 208.9 Agency Wide Total = Part 1 Crime + Part II Arrest: 2,924 Beat Total as % of Beat Average: : 329.9% (120% is considered high crime area) Prior Report Number: B98S328R Sep 9, 2015 - 6 - 10:07:25 AM 18 South Bay community change proiPri Environmental Scan for Alcohol License C.U.P. Hooters Restaurant 3030 Plaza Bonita Road, National City, CA 91950 September 14, 2015 Photo of proposed space for Hooters site in Plaza Bonita Google Earth View of 3030 Plaza Bonita Road. and Surrounding Area This environmental scan is for the Conditional Use Permit for the proposed Hooters Restaurant, located at 3030 Plaza Bonita Blvd National City. The applicant is applying for a Conditional Use Permit to expand the amount of area within the business for sales of Beer, Wine, and Spirts. The business is located East of the 805 Freeway in National City. The applicant is requesting a type 47 Liquor License to sell Beer, Wine and Spirits for on -site consumption. An environmental scan was conducted on Monday, Septe-et 14,2015. The proposed business is the Hooters Restaurant, a restaurant with sales of food from a menu and beverages. During a scan of the business and property the following was noted: The proposed business would be one of several other businesses located in the mall. Currently there are 5 restaurants that have alcohol licenses in Plaza Bonita. e The location of the proposed .Hooters is located approximately 40 feet away from the Race Track for children. (see photo) Youth Sensitive Areas Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategios. org 19 The business is not located near any youth sensitive areas. There are no youth sensitive activities that occur near the location such as a school or youth center, but there are other youth activities in this area such as; ® The children's train loads and unloads at this area during the holidays. During the holidays there is a `Santa & Elves' area in the area in front of the store where children have photo taken with `Santa'. Churches The business is not located near any churches in the area. Outlet Density According to the ABC, four (4) on -site licenses are authorized for Census Tract 32.04, the census tract within the area of which the Hooters Restaurant is proposed. Currently there are six (6) on -sale licenses issued for the Census Tract is 32.04. This number exceeds the census tract allocation by 2. Green Arrow and Red Pin Depict Applicant's Location for "Hooters" at 3030 Plaza Bonita Rd., National City. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Census Tracts The South Bay Community Change Project is a project of the institute for Pubic Strategies and is funded by the San Diego Curnty Health and Human Services Agency Page 2 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 20 Off --Sale On -Sale Tract 32,04 Establishment is within this tract Allowed: 2 Actual: 1 Number Above/Below Allowable: -1 Allowed: 4 Actual: 6 Above/Below: +2 Off Sale On -Sale Crime Rate Please refer to Police Department report. Considerations South Bay Community Change staff spoke to a community member Mr. Eddie Perez on September 20, 2015. He expressed his concerns by saying; "We're over saturated as it is in Plaza Bonita. Issuing a CUP for Hooters would result in more people driving under the influence of alcohol in that area". South Bay Community Change staff also spoke to another community member, Marisol Natividad on September 20, 2015. Her concerns were; "If ABC has a limit on licenses allowed in an area, I have the right as a National City resident to ask that no other alcohol licenses be allowed at Plaza Bonita" The South Bey CommumlyCharge Project Is a project of the Institute for PublicStrategies and is funded by the San DiagoCounty Hea1R and Human Services Agency Page 3 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www pubiksfrategi®s.org 21 August 25, 2014 CensusTracts 2010 1:45,467 O 0.375 0.75 1.5 ml r O 0.5 1 2 km Sources: Earl, HERE, Detonne. TomTan, &Venmep, increment P Corp 0E800, USGS, FAO. PPS, PECAN, GeoBase, ION, Kadaster M., Ordnance Sway. Esri Japan, MET& End Clime (Hon Kemp, swlsstop% Mapmylndfe, O (Vs n9trealMapcantribub rs, end the GIS UserCommudty Y . : i, `' 4 Cowling. • l‘ �ww� ; l: Cejn9hlman 989-2005 MctosoiQp y Itti 4 nrs rvBG. ;0I ,2gQS-hn l ara9ah Cellar)maP.pJn Irerppgndated gos 1nags fRerisa,NAYXE4:and H lrad�-med�%RE4,02805Te Northlmence,Inc Afi rJitasnas�ires�T a Jos anddiaJ Out Nara. mote aCtrmaemanca otT I duas,-Inc Source: Microsoft Mappoint NCPD CAU, 4/18/07 CIty of National City Beat 23 23 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A PROPOSED HOOTERS RESTAURANT TO BE LOCATED IN WESTFIELD PLAZA BONITA. CASE FILE NO.: 2015-19 CUP APN: 564-471-07 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 16, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Alcoholic Beverage Consulting) The project site is a proposed 228-seat restaurant at Westfield Plaza Bonita. The applicant is intending to sell beer, wine, and distilled spirits (type 47 license) between the hours of 11 a.m. and 1 a.m. Monday to Saturday, and 11 a.m. to 12 a.m. on Sundays). Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 16, 2015, who can be contacted at 619-336-4310 or planninq a(nationalcitvca.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 DEPARTMENT BRAD RAULSTON Executive Director 24 RESOLUTION NO. 2015-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT A PROPOSED HOOTERS RESTAURANT TO BE LOCATED IN WESTFIELD PLAZA BONITA. CASE FILE NO. 2015-22 CUP APN: 564-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at a proposed Hooters Restaurant to be located in Westfield Plaza Bonita at a duly advertised public hearing held on November 16, 2015, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2015-22 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 16, 2015, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the site is zoned Major Mixed -Use District (MXD- 2), which allows the sale of alcoholic beverages for on -site consumption as an accessory use to eating places subject to a CUP. 2, That the proposed use is consistent with the Genera! Play and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the Genera! Plan; and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use District zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because there are five other restaurants at Westfield Plaza Bonita that sell alcohol, and because no increase in square -footage would occur. 25 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be accessory to a restaurant use in an existing commercial suite, which is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits at a proposed restaurant to be located in Westheld Plaza Bonita. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2015-19 CUP, dated 8/27/2015. 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 Clete and submitted to the National City Planning Department. 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 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. 26 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property ow-ner both shall sign and have notarized an Acceptance Fomi, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. to 1:00 a.m. Monday to Saturday, and 11:00 a.m. to 12:00 a.m. on Sundays. 6. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 9. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 10. Alcohol shall be available only in conjunction with the purchase of food. 11. Exterior advertising and signs or ail types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 12. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 27 BE IT FINALLY RESOLVED that tnis Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 16, 2015, by the following vote: AYES: Garcia, Baca, Yamane, Bush, Flores, Alvarado NAYS: Dela Paz ABSENT: None ABSTAI N:None 28 6 0 IIeFI 1p411.e•14111/141!ePxriiro91444'1/114,,+41/ Fpi 111111119111i1111i11i1l t!11 i!lll1 11111111111 F€ ,aii;i€F111i€gee,tas3rfanppl�Piiiiil�erigraspeirwes.1 p1 iy'iiP11111111111"11 aaaa141 iip' 111111i i " P !i!, I,iJII,i1,I1� IUI1 i i 11l1 1111M1€ri91SgSe re• t 11411615EiFis=F13`qulFpa rirpPl11p41le`!!Frl IIMOF prilJIIvri$1PIU III, '911111"1111b1'111119i1i31ii11EJ i1ip11; o i1 -011. oo0 1111111111111111,111111111r S R I ill pi lR ■ ' Rt MI Lill f a 1111 1111 111 411 I Ipi liqii 0ji pi i To VIII iri Pi qprio qiiiii Sp pill Ai a 3 agi JAI i! �R P1:1 . Ntit 1 high Illlea! lP ` t a a 1 er ! :a A 77 p 11�� E� 11111 f111 r'Hll 11 '1111111i t� �r q s! ! L'II 1it .111 iY�• r �o- 7 '1 I II ex us! addd?dWd t!RTt Y ul" IfP2xtz 111 c„z!ftfe ff #eof:s's MR! WHO WPM Ingiquillommalijill n l 1 11 111$ 111 1 1 1 1 0 r-1 m cn, O p.-11 Joy 0 ,0 Do 321 O Z - 1 Q 1 1 1 3 1 DAVID BRENNAN ARCHITECT HOOTERS OF PLAZA BONITA #1430 I+ I AZA BONITA ROAD, NATIONAL CITY CA 91959 I . f '. ' . i �i ik': 1 23ea u mwvc BAN DEBO CA92IO4 0 £ 17-y man man man nritin man man man man man ;7- • 14PLUP •At 4• •Aht li 4. 4At 4W• 4, 4. -4V• *At 4. .11r• 411,Ak V!! LDS. L.4.0. MIN 11 SIM I NMI 0 p Mg" Nan PRI L11111 ,111km 6tEll 1.1[1' I- craw(l teDL 0 *IA II IS • lb .41 C • ;111, • 110 0 0 0 .111.1&reMeitill 113A2:11VIS 1 , LL-L-Li_7 man man ,•or (0 410; 17 Pi <3 ENTRANCE LEVEL 1 C 11 I t • I >1 1 1 I ff DAVID BRENNAN ARCHITECT HOOTERS OF PLAZA BONITA #1430 •_, , ;:':, I ' • ' -':' ' Itet3 a 1 i 2369 UNIVERSITY AVE. 944 SAN DIEGO CA 92104 PLAZA BONFTA ROAD, NATIONAL CITY, CA 91950 w' CC/CDC-HA Agenda 12/1/2015 — Page 257 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a drive -through aisle as part of a new commercial building to be located at 1325 E. Plaza Blvd. (Applicant: Russell Stout & Associates.) (Case File 2015-22 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a drive - through aisle as part of a new commercial building to be located at 1325 E. Plaza Blvd (Applicant: Russell Stout & Associates.) (Case File 2015-22 CUP) IV vL PREPARED BY: Martin Reeder, AICP DEPARTMENT- PHONE: 336-4313 APPROVED BY: EXPLANATION: The former Sizzler property located at 1325 Plaza Blvd. has recently been sold. The new property owner is planning on demolishing the existing building and has applied for a Conditional Use Permit (CUP) to construct a drive -through aisle as part of the proposed redevelopment of the site. The retail use (commercial center) is a permitted use within the MXD-2 zone. However, businesses with a drive - through require the issuance of a CUP. Planning Commission conducted a public hearing on November 16, 2015. Commissioners asked questions regarding tenants, design, landscaping, and conditions of approval. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15311 (Accessory Structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Garcia, Flores, Yamane ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2015-23 4. Reduced Plans 2015-22 CUP — Former Sizzler — Overhead • __ �� Egscourits7.iP Store n Nationat City,. %A 1 - CALIFORNIA - NATIONAL IO C/17 Item no. 3 November 16, 2015 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Property Location: Assessor's Parcel No.: Staff report by: Applicant: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Staff recommendation: PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH AISLE AS PART OF A NEW COMMERCIAL BUILDING TO BE LOCATED AT 1325 E. PLAZA BLVD. 2015-22 CUP Northwest corner of Plaza Blvd. & "N" Avenue 557-250-40 & 41 Martin Reeder, AICP — Principal Planner Russel Stout & Associates Major Mixed -Use District (MXD-2) Apartments / RM-3 (Very High Density Multi -Unit Residential) Plaza Square shopping center across "N" Avenue / MXD-2 South Bay Plaza shopping center across Plaza Blvd / MXD-2 Discount Tire / MXD-2 Categorically Exempt pursuant to Class 1 Section 15311 (Accessory Structures) Approve 2 BACKGROUND The former Sizzler property located at 1325 Plaza Blvd. has recently been sold. The new property owner is planning on demolishing the existing building and has applied for a Conditional Use Permit (CUP) to construct a drive -through aisle as part of the proposed redevelopment of the site. Site Characteristics The approximately 41,000 square -foot project site is comprised of two separate parcels developed with the former Sizzler restaurant and parking lot. The properties are located within the MXD-2 (Major Mixed -Use District) zone. The existing 6,762 square -foot building is to be demolished. There are currently three driveways accessing the property, two on "N" Avenue and one on Plaza Blvd. There are several other drive - through businesses in the area, including Jollibee across "N" Avenue and Carl's Jr. across Plaza Blvd. Proposal The applicant proposes to construct a 7,850 square -foot commercial center with five suites. The building would be located along the western portion of the lot and just north of Plaza Blvd. As part of the center, the applicant is proposing a new drive -through aisle, which requires a Conditional Use Permit (CUP). The drive -through aisle would enter from the north end of the building and exit at the south end, traversing the western property line. Access to the site will remain from Plaza Blvd. and "N" Avenue, although one of the driveways on "N" Avenue would be removed. The property owner has stated that no tenants have signed a contract at this time; however, plans show a proposed Starbucks coffee shop in the suite intended to utilize the drive -through aisle (the closest suite to Plaza Blvd.). Analysis The retail use (commercial center) is a permitted use within the MXD-2 zone. However, businesses with a drive -through require the issuance of a CUP. In addition, Chapter 18.41 — Site Planning Standards — has specific design requirements for drive -through businesses, including: • Minimum queuing distances (established by CUP). • Minimum 25-foot interior turning radius for drive -through aisles. • Location of drive -through window and landscaping requirements. The site plan shows approximately 160 feet of vehicle queuing distance prior to the ordering/menu board, with another 70 feet to the pick-up window. The drive -through aisle begins at the north end of the proposed building and exits at the south end, near the driveway on Plaza Blvd. The drive -through aisle entry point is approximately 100 feet west of the "N' Avenue driveway. The proposed pick-up window is on the south side of the building. Due to the extent of potential vehicle queuing (260 feet or 13 vehicles), overflow of vehicles into adjacent streets is not expected to be an issue, even at peak times. The turning radius of the aisle is 25 feet, which is consistent with the Land Use Code requirement. 3 The Land Use Code states that a drive -through window may not be located between the right-of-way and the building without a minimum 10-foot wide landscape buffer. The buffer shall have a minimum three-foot high hedge with trees spaced at least every 20 feet. The landscape plan for the project is consistent with these requirements and is conditioned to be included with plans submitted for construction. Approximately 70 feet of the driveway adjacent to Plaza Blvd. would require the buffer, although the project site will be adequately landscaped outside of the drive -through aisle buffer area. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. Drive -through businesses are identified as a conditionally -allowed use in the Major Mixed -Use District (MXD-2) zone, and the proposed drive -through aisle meets all requirements as contained in NCMC §18. 41 — Site Planning Standards. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The Land Use Code conditionally -allows drive -through businesses in the MXD-2 zone; the Land Use Code is consistent with the General Plan, Additionally, there are no Specific Plans affecting this location. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. According to SANDAG (San Diego Association of Governments) data, a 1,800 square - foot fast food restaurant (closest comparison) with a drive -through would generate approximately 1,170 average daily trips (ADT). With the addition of the commercial area in the proposed building, a total of 1,542 ADT can be expected. The previous Sizzler restaurant would have generated approximately 1,082 ADT. Access to and from the site is provided by Plaza Blvd., an arterial street operating at a Level of Service (LOS) of B. According to the General Plan, the addition of 460 ADT (total proposed with whole center subtracting previous restaurant) would not increase capacities so as to decrease the current LOS. The current ADT capacity of Plaza Blvd. in this segment (Highland Avenue to Palm Avenue) is 40,000 with a current ADT of 17,300; therefore, staff is of the opinion that the existing road network can accommodate the additional traffic generated by the new business. 4 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The property will be completely redeveloped and will provide enough parking spaces based on provisions outlined in the Land Use Code. In addition, the proposed drive - through aisle meets all requirements for such uses outlined in the Land Use Code, as discussed above. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Noise issues related to drive -through businesses are usually related to vehicle queuing and ordering windows/speakers. Noise is not likely to be an issue given that the area is mostly commercial and located close to an arterial street. In addition, the ordering/menu board is located on the west side of the property, not facing the residential properties to the north. Recent approvals for drive -through businesses have required noise - attenuating speakers at the ordering board. This type of speaker automatically adjusts its volume to compensate for ambient noise (streets, vehicles, etc.). Therefore, the volume is lower during quieter periods, such as at night. There is a condition requiring the noise -attenuating speakers. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to Class 3 Section 15311. This section allows for construction or placement of minor structures accessory to commercial facilities. The commercial center itself is permitted by right and would otherwise be exempt from CEQA as it would only require a ministerial permit (building permit). The drive -through aisle is appurtenant to the restaurant and would thus be consistent with this exemption. Department Comments Conditions of Approval are included that address Building, Engineering, and Fire Department comments. Conditions cover code requirements (Fire & Building), grading and improvement requirements (Engineering), and design and performance regulations for the drive through (Planning). Summary The proposed drive -through is consistent with the Land Use Code with the approval of a Conditional Use Permit. Conditions of Approval will ensure that the business operates in harmony with existing uses in the area. The potential impacts are minimal since design guidelines ensure an appropriately -designed project. The new commercial center will contribute to the viability of the surrounding commercial area, and will activate a long -vacant property. 5 OPTIONS 1. Approve 2015-22 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2015-22 CUP based on findings to be determined by the Planning Commission; or 3. Continue the item in order to obtain additional information. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Overhead 4. Notice of Exemption 5. Public Hearing Notice (Sent to 137 property owners and occupants) 6. Site Photos 7. Applicant's Plans (Exhibit A, Case File No. 2015-22 CUP dated 9/4/2015) MARTIN REEDER, AICP Principal Planner 6 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2015-22 CUP — 1325 E. Plaza Blvd. 1 That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because drive -through businesses are identified as a conditionally -allowed use in the Major Mixed -Use District (MXD-2) zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because drive -through businesses are conditionally -allowed by the Land Use Code, which is consistent with the General Plan, in the MXD-2 zone; and because there are not specific plans in the area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the proposed design meets all design requirements for drive -through businesses, and because the current street network is able to absorb additional vehicular traffic without resulting in an unsatisfactory level of service. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the property will be completely redeveloped and will provide enough parking spaces based on provisions outlined in the Land Use Code. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that require compliance with the National City Municipal Code. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 11 Section 15311 (Accessory Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2015-22 CUP — 1325 E. Plaza Blvd. General 1. This Conditional Use Permit authorizes a drive -through aisle for a new five -suite commercial shopping center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2015-22 CUP dated 9/4/2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 the Land Use Code. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical Codes. Engineering 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. s 7. 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. 8. 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. 9. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 10. The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 11.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. 12.Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 13.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 14.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically all sidewalk, curb and gutter 9 along all property street frontage, also the westerly half of the cross gutter at the intersection of N Avenue and E. Plaza Boulevard. 15.The existing pedestrian ramp at the following locations, northwesterly corner of the intersection at N Avenue and E. Plaza Boulevard shall be removed and replaced with standard ramp complying with the A.D.A. requirements and the San Diego Regional Standard Drawings G-29 and G-30 16.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. if disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 17.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 18. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 19.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 20.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. 21.A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. Fire 22.Plans submitted for improvements must comply with the 2013 editions of the Califomia Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. Planning 23.A landscape and underground irrigation plan shall be submitted as part of the building permit process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Plaza Blvd. frontage, shall be provided. 10 24. Plans shall conform to minimum turning radius requirements for drive -through businesses unless the City Engineer approves a lesser radius. 25. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 26. Plans submitted for construction permits shall show that a cover for the new trash enclosure shall be provided. Construction plans shall show the details of the enclosure to the satisfaction of the Fire and Engineering Departments. 27.Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). 11 a-• CALIFORNIA -- NATION CITY n e IH CoR,pO�IST�D CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2015-22 CUP Project Location: 1325 East Plaza Blvd., National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional use permit for a new drive -through aisle related to a new commercial strip center. Applicant Name and Address: Russell Stout & Associates 4635 Cass Street San Diego, CA 92109 Exempt Status: Telephone Number: (619) 851-2812 zi Categorical Exemption. Class 11, Section 15311 (Accessory Structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since construction of the drive -through aisle will be within the property envelope, which is currently developed and devoid of any habitat or sensitive lands use. The aisle is a minor structure that will be accessory to a new commercial building to replace the existing development. Date: MARTIN REEDER, AICP Principal Planner 12 4- CALIFORNIA •-- CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH AISLE AS PART OF A NEW COMMERCIAL BUILDING TO BE LOCATED AT 1325 E. PLAZA BLVD, CASE FILE NO: 2015-22 CUP APN: 557-250-40 & 41 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 16, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Russell Stout & Associates). The applicant proposes to construct a 7,850 square -foot commercial center with five suites. As part of the center, the applicant is proposing a new drive -through aisle, which requires a Conditional Use Permit. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 16, 2015, who can be contacted at 619-336-4310 or planning 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 public hearing entity conducting the hearing at, or prior to, the public hearing. PLANNING DEPARTMENT BRAD RAULSTON Executive Director 13 2015-22 CUP — Former Sizzler — Site Photos Looking northwest from Plaza Blvd. Looking southwest from "N" Avenue 14 RESOLUTION NO. 2015-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH AISLE AS PART OF A NEW COMMERCIAL BUILDING TO BE LOCATED AT 1325 E. PLAZA BLVD. CASE FILE NO. 2015-22 CUP APN: 557-250-40 & 41 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a drive -through aisle as part of a new commercial building to be located at 1325 E. Plaza Blvd. at a duly advertised public hearing held on November 16, 2015, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2015-22 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 16, 2015, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because drive -through businesses are identified as a conditionally -allowed use in the Major Mixed -Use District (MXD-2) zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because drive -through businesses are conditionally -allowed by the Land Use Code, which is consistent with the General Plan, in the MXD-2 zone; and because there are not specific plans in the area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the proposed design meets all design requirements for drive -through businesses, and because the current street network is able to absorb additional vehicular traffic without resulting in an unsatisfactory level of service. 15 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the property will be completely redeveloped and will provide enough parking spaces based on provisions outlined in the Land Use Code. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that require compliance with the National City Municipal Code. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 11 Section 15311 (Accessory Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a drive -through aisle for a new five -suite commercial shopping center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2015-22 CUP dated 9/4/2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 the Land Use Code. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation, 16 Building 5. Plans submitted for improvements must comply with the 2013 edition of the Califomia Building, Electrical, Plumbing, and Mechanical Codes. Engineering 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. 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. 8. 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. 9. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 10. The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 11.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. 12. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 17 13.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 14. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically all sidewalk, curb and gutter along all property street frontage, also the westerly half of the cross gutter at the intersection of N Avenue and E. Plaza Boulevard. 15. The existing pedestrian ramp at the following locations, northwesterly corner of the intersection at N Avenue and E. Plaza Boulevard shall be removed and replaced with standard ramp complying with the A.D.A. requirements and the San Diego Regional Standard Drawings G-29 and G-30 16.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 17.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 18. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 19.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 20.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. 21.A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. Fire 22. Plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. 18 Planning 23.A landscape and underground irrigation plan shall be submitted as part of the building permit process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Plaza Blvd. frontage, shall be provided. 24.1 fans shall conform to minimum turning radius requirements for drive -through businesses unless the City Engineer approves a lesser radius. 25. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 26. Plans submitted for construction permits shall show that a cover for the new trash enclosure shaft be provided. Construction plans shall show the details of the enclosure to the satisfaction of the Fire and Engineering Departments. 27. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 16, 2015, by the following vote: AYES: Garcia, Baca, Yamane, Bush, Alvarado, Flores Dela Paz NAYS: None ABSENT: None ABSTAIN: None CHAIRPERSON! 19 OZ I iAogg' 315e :k" Q ���"�; s�g�. ess���a� gNggp'i H5F- wpmq :€ 5 R5 poi j1110111111111/111141111 MOHO :11HilirriP1111111 1 r g 5NOIl''I \2NeCN 6 73 z O r COVER SHEET 6 z 3 11 SHOPPING CENTER DEVELOPMENT 1325 EAST PLAZA BLVD. NATIONAL CITY, CA 91950 141 Ign 0 ran X3QNI J HG I"VISIONS 7 I CI ti 14 1 gil g; NI t ' i I b rt- \ - L 1 SHOPPING CENTER DEVELOPMENT 1325 EAST PLAZA BLVD. NATIONAL CITY, CA 91950 I _ I I / �/ / • / / / \ / _''- 1y ` \ \ \ t-_• I�' r; fil i i I i ; %�� � `/-ice / 0 ® J J N. AVENUE '� /k i IIIF KM ME IMAIiN tit/ EXISTING 000NDITIONS I I t DEMO PLAN DEMO SIDE PLAN "^Le 116'' ILO' �I easnw eAIDIW r SM.. • cu © ro x oe+ol»Im © exnnw Me IWw.wr E WW1. Halt 400ML1C ro POua D Atkozetlr PPGYJel.. PC rgle 1P] APEA ® cur ,waxA.!N RiSsiMo .O PNP/IR• 4W MMANa4OPAw © mis ae cur TO Pe Imam®. sec [0.1.1 © easnns 6.12 a PRIsr m ee Ptsa2a, m. i MOO.-r, I..O.Aee IYIte! r 1.1.f }Gt. na Ae les,t� I] zjQ l © essrve TN,.w eraoatx TO ee Imnrm O b%11Nf IGNA>R 4. M Pep. KEYNOTES: ® Ib Iz t P AZA BLVD 4 Im * S161 ram. _ CONME CT 6P RFA&L MPAN1 re MIRE Wee PI Ru PELOM'EE4DEJTE4. COI.OR66•VOLQ FED. PP 1144EW ROVL ICM CIONA 1TI 14416 ILTICIRS . VOLT TO POT S@PIO TO KI. 6dE.6E13,1/1:4010.16 E' ONO016.IWI10 PARKING STALL 516NAGE N. AVE 1.1.6 M ETV Q'.RML 51V'.A4 112371. 4 ST` eol.. MRt6] 66.10.1. Ma IMP COM, y6. on 11 PA4ATC4 EY 1 0R EARL TO CGIPT ICOTo 61Try. Inv TSA A G�55 FARKIN: STAB ) PARKI146 STALL. av4L6aM1• ✓ Gt 215P4e W IWKM NOM WIN▪ .. R'•FMi•Ft FLAK o I.. sau.•1••m W NW, DUE WI GAM rex ee. 525.86' PARKING REQUIRED 1,550 / 200 = 5q PARKING PROVIDED 41 SPAGES LOCQC4 1.011•M UM CP CUM MAW MOLL Woe ok IAr,PENVI T 4R w4. 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"e •=�=r°t-r7► "e-r,.t3LlMC "r=u��YCr r irS`s i� � .:$ii'+��r5r�a ��i1 PLANT SCHEDULE ErL..a..Wta Pp .x.«:TV6' KTC..CRO r,r:.N6.4x,a Ix:ev: Ins,ar nrxlrlx r-,,,x,.. IN 3 alY•. IIIP'. 1 c•u2441 C'� .Tr.rxna w.w .r. ,r.ba«..,:. •,4ri POW u a yrue xrM TIE Ramsay, UWWERS ARE ITIPWT101.4 MR IN, CaITNWA M A..nnA1 ¢ of ALL VNELWAP D AREAS ON I1TE 440 .TNN B▪ E 14,7 cENTme O WEED; WAY LN14A A. REAMAIL SHAoe11 N ANHALNEp IN A NEA11111. MOollcLELY GROA140 1JNee11 2( ANa SHALL /ULM PILLAR ARAMG, nuTreaN0. 2010N4 A1O 1NIAQIG. IRR1401u1 moan SHALL RE PEONMLT RPPOO1110 ANO A1:P1 IN µMr 4PER5I0NAL COMM, ACCLVDMG 14 N.WFACIORERS OESGI STME]AROS Ay µL VLF. :TL4rlrt *WC [mg Wire [N`PATIAJCeuur., c,Tx- 2 24.11 rtIVOLC»:wrrn MflO.AI. Per CC* :'wasw urC XC t6 Mr, r.14W E'o... v 4a1m earSrN unnrr 4l:r,'y..wxri vr,•r a xf29R I , ., a,5r9r.UEl5rw,. Ibra. %aµ Well elegy 'AMSe]:WW.- t':.'4r1A1.1SC eve v.'x «A•�" LN'%.n .a. cop Er,4 CAU ;rAr4 NNrnw rfy,. 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Man 4 la' LRCM [r 1'' ORE NI4f NUlIE4 41 ten BLFR:R AWL MIMI OE PAOI SAL gam...a 100i CV PO 211 es am. gm, an or osen 10 tl 20 40 00 re212-0. rsia�-c`ay--m ErISION1 1 4_o.alTT�". .p/IF Jtl51RM111. LOOS Pram. ter Ceram IX oed xw Concept Plant Neu LC-1 al 2 stows On,IH V7v'id 3 'N fury/ ��I'I'Ii, 'iYlaammeama1EIa11.111 11L11111•0•14NEWILAWI N, STRE T CIE3E1 CO DEMO 11 ITYDROZONE MAP =attest HT400ZGNE 1 TOTAL. c 7,461 SE' (1:70X. OF LA110DCAME13 ARIA) AVE-PACE ANNDAL ETO - 45.73 DATA SOURCE CAUFOINIIA PERI7A11ON MANAGEMENT e1FOR1MAT10N SYSTEMS FOR SAA9 01E00 II STAT041 a HEW -DM PPE wan CHA(ir 0 1L rer emv PT4 4101 11E PPE paw owPPE aft 3/1' 0-8 3/o (SOU 40 I'S Nano 14rO 1' 1-12 1' (SOH. 101PS P1.4215 PIPE) 1 I/4- 12-22 1 1/C (801. 40 P5 PLASTIC MPE) I 1j1' Ste-3a 1 I/O' (SOH. 40 IFS PLASM PIPE) 7 20-00 24 (CRC ELA19 316 1P5 PLASM PPE) 2 sir 40-1a 1 1/Y (PV0 cuss Ae P'S MASTIC PPE) 3' 76-110 D' (eve CLASS 316 CPS PLA9100 PPE) WATER USE CALCULATIONS 1HS CALOIA.APON ASSUMES THAT 11111a1020ME I CONSSTS OE LOW WATER UDE PLAINTS WM A PLANT FACTOTR (PF) CF 0.2 AND 11TOJZES A Q310 51STEN writ AN ITn71O3TTCN Ernr,ON(? OE) Or PSl (901). THERE ARE NO EPEOAL LANDSCAPE AMFA: (SLA). Arm MATE. PLANT IRRIGATCN 11RI2A1ND1 I MOM- of �Q0. 71>HPI LT0E iYTT. r/FTPS MIDI/ WATERLY APEA I 1gL� L6 1' - OW Dos MAIM - (ETA. 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A I DRIP IRRIGATION NOTES LE7�i{L FFgmLATICN NCB 1 11R%1ROTRocs a400GOVE9IING 045911NT0PION OF AND REGULATIONS 407740 RA1ED R1T0 AM MADE A PART CT WM OWPFLA1V0 +n0 THOR PR0153N5 SHAM SE CARRIED CUT 514 155 CA1R11ACTaR. 9 TM CCMITACIOIC SHALL WSW ME LOCATORS 00 AL. MINIS HICKS, STROMLO:5 AM MOWS BSPWE 4,)MTE11g06 WM DE OCATOIS OF UILIDES. STRUOPIR[5 AND 50ENGES WOW N TI+ESE MAMAS ARE APP7O11A1E OILY. ALLY 1SGREPAN1FS (M YREN MNGSM N.M's AND AC1W4. FEN 50*041ONS SHALL EE REPORTED 10 ME MARTS REPRES 4T21a'E. } ME ED.TRAC10R SMALL WAIN THE POET1LMT O10Np100 OR IAORTECryIA4 PLANS 20150 Rf01NNllW WERE. 4 111E 49.94AO1O1 RNALL 00TAL4 ALL NECESSARY P811N5 REWIRED TO RENF RO/ ME WORK 9WGTE0 WON BES4RE BEWEN MBE 5 P17430 515 FOR WWI01/84.1 aA� ONLY MO TOO SOWENT SE IINN51lUW PAVED 0 M SULU. NOT MWULY NSTALL ANY ROWEMT As SNOW CO TIE PLASM 4I004 IT S OBMUS M TIE SELO THAT UNSW W CMOTEINS 11310 MAT WE WI WWI AT TIC TOE DIFSE PLANS FETE PREPARED. ANY SUCH C0NDIT4045 SR1A1L. Of 44404GS4T 1a THE ATatlT10E/ OF THE WNEA'S ROOMMATE! Paps T. ART MR. OR TIE 470OATION yCONTRACCTTOR SHALL ASSUME ALL 4E5710 JTY F04 ANT /404O ENIADES 0EENE0 NECESSARY BY 7 NSTALL ALL COLFMFNT A5 510114 M ME OETNVt u9 b110(Mn1RN1 Or1RM10R SHALL OE 11910 RESP0SLE EMI LY WM LOCAL CITY. men AND ROMIEMURUEMS FOR DOIIt EOAP5ENT ANO II5'TALAICN 8 MAIM L0GMI FOR THE INSTALLAT N OF 1Nf ALTOWATC 0401WR1 3.11 4 4a BE CE1E➢L4[D M ME FEW BY ex omen AvMO12ED REP0EBP4TAIWE. 1 WW01 LRET01F1E IORRTTRO Y ON E�I�AND � EEO OFF VIRE MOO AN LEE LABEL SPOWTROLLER ARE WKS AT SOT1 0105, ID AIL PIPE uNe01 PAWS AWAS TO BE I [AWED. SEE WOOD FOR TYPE. ALL1Y C UMW PAYED META ° TO 60341 0 N AW 2014811E OF A4904. 40 MEW TIC WE MOMS TO EASILY PULL WM I1RO/IM. ALE SIM,S TO SE 1NRTAALEO 1TM A /00,214 DEPTH A5 mow W 0T'LETSANO OEYALB WOES TO SOWS AT FEAST Is' PAST THE MOE W THE PAYING. 11 ALL COCK [COPIER ARO YOWL MOMS YAAASS 10 M 1R8Tu.IE3 1N 91REI0 Ol GROUND COMER AREA`- WERE P059Pm 4AL. OWE OWNER AM WOE OOITR0L ROAM 10 FIE METALLED AS SHOW CH ME wsrlUAlON GETNLA WALL ALL WCN *LWLFR M'a REMOTE CONTROL YA1K6 NTMN 16' OF NARp0EAFE. 11 1110 00410 ECOE ENT P01 4ANFACIIWJ4 (PFTa 00*T�Mt OR 0101141/010 ME ITS 0.BAEdMD 4T ASSOCIATES REOLOS EM5 IFA54ON0 TOI PROPER 4T41M0 AT UAW ONCE AOOALLY, AND 11105*IFf 14411014.IN15 UADE 1a COMPLY W110 MANUFACTURER 5EOH0414015, ROOt BARAER NDIE: AL IMES 191091.3 50or 5 F b T ow 1M. R5Or*ARC amo wow, ow Rn4MT, ROM VMAr. CR uar FEUD( SWAEL 110711L A IC 1TWO1R W 2e OL TORT BAAr401. AO 510T IOW WM DESIST£ TE EON WM. Underground Service AWL Cell: TOLL FREE 1-800 227-2600 30 15 0 Sa ea 90 SGME: 1-37:6-0' REVISIONS 15Te1Rfgdi- MAD NA /IMAM. 10,14415 WA. OLK 10i No: Worry* CttWap1 Water Rae CaICLYetfona LC-2 W 2 0Nw CC/CDC-HA Agenda 12/1/2015 — Page 286 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Community Ice Skating Rink sponsored by the National City Chamber of Commerce at Morgan Square from December 10, 2015 to December 11, 2015 with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 AGENDA ITEM NO. I ITEM TITLE: [Temporary Use Permit — Community Ice Skating Rink hosted by the National City Chamber of Commerce at Morgan Square from De; ember 10, 2015 thru December 11, 2015 with no waiver of feesJ PREPARED BY: Dionisia Trejo PHONE: (619) 336-4.255 EXPLANATION: This is a request from the National City Chamber of Commerce to host the Community Ice Skating Rink at Morgan Square from December 10, 2015 thru December 11, 2015. The skating rink will be used in conjunction with the 8th Annual Christmas at brick row on December 10, 2015. Daily hours will be from 5 p.m. to 10 p.m. The ice skating rink will be located inside Morgan Square. DEPARTMENT: Neighervices Department APPROVED BY: Alternative Power Productions will provide security during and after operating hours of the ice rink. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS [The City has incurred $237.00 for processing the TUP Total fees are $237.00 ENVIRONMENTAL REVIEW: N/A I ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: [Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: [Application for a Temporary Use Permit with recommended approvals and conditions of approval. [ Type of Event: Public Concert Fair Parade Demonstration Motion Picture — Grand Opening Festival Circus Other 4 ommunity vent Block Party(t-tit 11.(e Event Tittle: t 9)11 01 ctri _Ce 11 P-i A k Event Location: 1^ Event Date(s): From 1001/5 to Actual Event Hours: 5:00 amOto 10:00 a Total Anticipated Attendance: (IC 0 Participants Spectators) Setuplassemblylconstruction Date:.1 41 f/ i5- Start time: V� 1N Please describe the scope of your setup/assembly work (specltic detalls): s q,s .e,x 1 s> 04-►r r,i IbK ed-bcao,P L. r r- rod cbilat Dismantle Date: !!! 15 Completion Time: /l : 00 amg (app List any street(s) requiring closure as a result of this event. Include street name(s), day d 'me of closing a • day and time of reopenin a r Sponsoring Organization: Medi Oral Chief Officer of Organization (Name) Applicant (Name): Address: CiAl oal roq ( i\d a Daytime Phone: i 1.9) 41.1— q 539 iti..e,_ vening Phone: Oa), 230— (o(1 Fax: IL q Y / -- 6018 E-Mail: r i �? [io� (041Sr. o-tgoi Contact Person "on site" day of the event l elku1ar NOTE: THIS PERSON MUST RE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS lap�L�)•�1♦♦ •ii �+ t+i������M1:fF i.iiS ��lj�r� ��P�l L [l .14.. �11.1a»F�.�rA• Y•..�.7 a Is your organization a "Tax Exempt, nonprofit" organization? ;YES _ NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? • Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, Ilst any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES XN0 Will items or services be sold at the event? if yes, please describe: _ YES 4NO trees the event involve a moving route of any kind along streets, sidewalks or highways? if YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. • 'ES _ NO Does the event involve a fixed venue site? If, , aft ch yetailed site map showing all streets impacted by the event, CO. _ YES X.NO Does the event involve the use of tents or canopies? If YES: Number of tent/csnoples Sizes NOTE: A separate Fire Department permit Is required for lents or canopies. YES YNO Will the event involve the use of the CI or your stage or PA system? — SPECIFY: to addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: n Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: if you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): n Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people Is required, unless the applicant can show that there are facilities in the Immediate area available to the pubic during tile event) Tables # and Chairs # Fencing, barriers and/or barricades-- Generator locations and/or source of electricity Drtxf agt v nopies or tent locations (Include tenllcanopy mensions 1 Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages; grandstands or related structures Vehicles and/or trailers Other relayed event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for dean -up and removal of waste and garbage during and after the event 3 Please describe your procedures for both Crowd Control and Internal Sec11 0.141 vIAAJ rya° CA krvaliui Wpasif rb.duizaym. ) g YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list; Security Organization: Security Organization Address: Security Director (Name): Phone: 24 YES NO Is this a night event? if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made f r ro iding rst Aid Staffing and Equipment. -ThArriPc 1/1.Aatli f!') -erri`, l! �ti lA D to- Proautb'IN) Please describe your Accessibility Plan for access at your event by individuals with disabilities: lease provide a detailed description of your PARKINGplan: COMMAXWI-N+ p tln� t Please describe your plan for DISABLED PARKING: U rwbv. by Au # rv\ avtvit. edi to 0.1 b..- filkcjiejtattj USM.L Bea PcO A. p`'" .t Please describe your plans to notify all residents, businessIs and churches acted by tie , event: Un l to BE V1ai 11\ %\ 119&\AUto*+J Ui, J ?rf Q NOTE: Neighborhood residents must be notified 72 hours In advance when events, are scheduled In the City parks. lti'l1.4 f .1 c SiL l M �a�.icE;d is`l SST, ill,} s"91,,,,. r aFe e W e' yti{i�' % Tt.'�l.'VIril Lil;1 f { !i}'r "ttft >,.s 2,1.is �, ' �l.st 1yt-4111. At 41 _ i �} .�. ,;7,(( 1, , e �7i '�- YC �l•� L. 7 a,}�il v; �lf 1 '' f �Li N9ie i� sw�; 4r ! L L^. 'al. ,aµ{..;. eetr:.� • Nr. t...-..Lc.r:7d1:.t1.4i.f+..t1L.d.:I.a,tea YES NO Are there any musical entertainment features related to your event? if YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES XNO Will sound amplification be used? If YES, please indicate: Start time: amfpm Finish Time am/prn YES kNO Will sound checks be conducted prior to the event? if YES, please indicate: Start time: amfpm Finish Time arn/pm Please describe the sound equipment that will be used for your event YES j[NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02f29/12 -471u. -A 5 City f National i y PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilifies or personnel are required to provide a minimum of $1,000,00O combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to thls permit. organization r a �r -Cmtkott Person in Charge of Activity LiEfflatRil LT44LMGEO Address CIO I L' thaiNa ( AVM, 'MY) Telephone ((MCI) 411 93 9 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Offidal Title Date restde_i—/eFp,11!4 f,-" For Office Use Only Certificate of Insurance Approved Date 6 Cllent#: 40247 ALTERNATIVE ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder le an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I Reiff and Associates, LLC CA Lic#0G55457 212-603-0231 320 West 57th Street New York, NY 10019 INSURED Alternative Power Productions, LLC 3101 Hoover Ave. Suite B National City, Ca 91950 Mr! Skylar Wilman-Saylor INCPHO, NNEo. 212 603-0231 E!t): Evil"WilmanS1 reiffinsurance.com wXe. No): 973 313 0872 INSURERS) AFFORDING COVERAGE INSURER A: New York Marine & General Instil. INSURER B : NAIC INSURER C : INSURER D INSURER E INSURER F : • REVISION NUMBER: V V • L,vTV �v ...-... - .------- . -- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE INSORL W pR POUCY NUMBER (MMOIUDDYIYYYY) (MIVODDIYYYY) LIMITS A GENERALUABIUTY X COMMERCIAL GENERAL UABILITY X PK201400000490 12/01/2014 12/01/2015 EACHOCCURRENCE$1,000,000 PQEeRo rPencel $100,000 MED EXP (Any one person) $5,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $1,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 GEN'L AGGREGATE UNIT APPLIES PER: 7 POLICY I T& I 7 LOC $ A AUTOMOBILE X LIABILITY X X X SCHEDULED AUTOS AUUTON 9 ED co I: $1,000 X AU201400000389 Physical Damage Limit ACV Ded: �1,000 12/01/2014 12/01/2015 (01NaB1ZsntSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)$ PROPERTY DAMAGE IPeraccident) $ $ A X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE X UM201400000628 12/01/2014 12/01/2015 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETORIPAqRRTTNNER,EXECJTIVEfY! N OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF nPFRATIONS h I, w N 1 A WC201400000572 '12/01/2014 210112014 12/01/2015 X 4 1TORS' A S I ERµ E.L. EACH ACCIDENT $1,000,000 EL. DISEASE -EA EMPLOYEE $1,000,000 ELDISEASE- POLICYLIMR $1,000,000 _ 12/0112011 $297,150; Ded: $2,500 A Misc. Equipment PK201400000490 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddlHonal Remarks Schedule, If more apace a required) City of National City and the Parking Authority and Its officials, agents and employees are named as additional Insured as respects to liability coverage. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (teams @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) i of 1 The ACORD name and logo are registered marks of ACORD R7730 1/S291366/M284319 7 8 "S111.LNApve..i.3i7-T Gtf- 11C;55 Overview; Let Alternative Power Productions make your next holiday event into an ice-skating party experience! Our skating rink is built with Super - Glide®, a synthetic ice skating surface composed of a proprietary blend of polymers, that permits a traditional skate blade to glide as smoothly as on real ice! The 24' x 56' rink is set up in one day on any reasonable flat surface including gyms, playing fields, parking lots, backyards and beyond. Rentals are a two-day minimum with options to extend rental at a significantly discounted rate. Skates are included in rental meaning in addition to being able to charge for "rink time," you also have the ability to charge for skate rentals to offset the entire cost of the rink rental! Rink Specifications: • 24' x 56' skating surface 36 pairs of metal blade hockey skates Perimeter fencing • Changing area with seating and rubber mats • Lights for changing area Additional Options: • LED and moving lights for the rink • Sound System with ipod / DJ connection • Stage for DJ / Bands 3101 Hoover Avenue • San Diego, CA • 91950 •619.358.9939 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National EVENT: Community Ice Skating Rink DATE OF EVENT: December 10, 2015 to TIME OF EVENT: 5 p.m. to 10 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY City Chamber of Commerce December 11, 2015 YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ xi CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 PLANNING: Sound system/speakers shall face away from residential areas. All activities shall comply with Title 12 (Noise) of the Muni Code. RISK MANAGER (619) 336-4370 • Provide a valid copy of the insurance certificate wherein the City of National City is a named insured. • That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no Tess than $1,000,000.00 (ONE MILLION DOLLARS) that would cover the date of the event. • That the insurance company issuing the insurance policy have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • Provide an Additional Insured endorsement naming the City of National City, its officials, agents and employees as an additional insured. • Name, address and contact information for the broker providing this insurance policy. 10 COMMMUNITY SERVICES (619) 336-4290 This will be incorporated into Christmas on Brick Row and will be a nice activity to offer attendees. The Community Services Division cannot assist with set up, clean up or the operation of the ice rink. PUBLIC WORKS (619)366-4580 STREET: Street will be posted with "No Parking" signs for Christmas at Brick Row event. FIRE (619) 336-4550 AN•INSPEC1 ON:SHALL BE riONE PRIOR TO' START OI EVES':. • Stipulations required by the Fire Department for this event are as follows: 1) Access to Morgan Square and Brick Row to be maintained at all times. 2) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3) Access shall be maintained to all Fire Hydrants, Fire Department Connections for Fire Sprinkler Systems, Standpipes, etc. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicie(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s)_. 6) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 7\ r1 Internal combustion power sources (generator) shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from tents or canopies. 11 8) if tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 9) If concession stands are utilized for cooking, they shall have a minimum of 10 feet of clearance on two sides. 10) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example. 11) The Skating Rink Occupancy Load is 27 people. It shall be posted in a visible location. 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include the National City Tree Lighting area. POLICE The Community Ice Skating Rink TUP event will suffice with extra patrol from time to time by the on duty police officers. CITY ATTORNEY Requires an indemnification and hold harmless agreement by applicant and vendor (if located on City property), and a policy of general liability insurance from both applicant and vendor (if located on City property), with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 12 CC/CDC-HA Agenda 12/1/2015 — Page 300 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - 6th Annual Mabuhay Festival at Kimball Park on June 11, 2016 from 10 a.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 2015 ITEM TITLE: Temporary Use Permit — 6th Annual Mabuhay Festival at Kimball Park on June 11, 2016 from 10 a.m. to 4 p.m. with no waiver of fees. AGENDA ITEM NO. PREPARED BY: IDionisia Trejo PHONE (619) 336-4255 EXPLANATION DEPARTMENT: APPROVED B rhood Services Department This is a request from the Mabuhay Foundation to conduct the 6th Annual Mabuhay Festival at Kimball Park on June 11, 2016 from 10 a.m. to 4 p.m. Setup for this event will commence on June 10, 2016 at 3 p.m. and dismantling on June 11, 2016 by 6 p.m. This festival promotes pride in the Filipino cultural heritage and honoring the 118th Anniversary of Philippine Independence. This event will include participation from various groups representing businesses, civic organizations, local government, educational institutions, public agencies and nonprofit organizations showcasing Philippine arts and crafts, talents and trade. Security will be provided by event staff and volunteers. Event organizers will also provide their own stage and audio equipment for this event. Note: This organization event was approved in 2014 & 2015 by council with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. l APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, $200.00 for Fire Department fees and $973.04 for Public Works. Total fees are $1,410.04 pNVIRONMENTAL REVIEW: NlA1 ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. Staff does not recommend the use of air -jumpers for this event. BOARD t COMMISSION RECOMMENDATION: Nl ATTACH MF application for a Temporary Use Permit with recommended approvals and conditions of approval. RECEIVED NOV 04 2015 Neighborhood Services ©apartment City of Natrona City µ,- ,,-�;i` i�t't ri�r� i�-•'� �,F.}+1 F t ,j �,+. G'.�*r+; �"`T t! 4' "k i,• s'L+'t'',er-.:r- �Lt� �. r'S;i x'^ f-' '1 'f`•4 f�4.1 Z• ti?4K KT*+H C.,(`4 riEw� T 4v1 �t, {, hud�cfq 5t'N► Ff'`*'4j'7 tt dY, i F[ ,v'+'h�u; =�+F .� y,l ITV.. T of Event: �'" Public Concert Parade El Motion Picture MFair El Festival Co►rsrnunfiy event Cernonsiraton ACircus i-_ t Block Party Grand Opening Other Event Title: Mabuhay Festival 2016 Event Location: Kimbal Park Event Date(s): From 06/11/16 to 06/11/16 Actual Event Hours: 10:00 AM to 4:00 PM Total Anticipated Attendance: 500 ( 100 Participants 350 Spectators) Setup/assembly/construction Date: 06/10 Start time: 3:00 PM Please describe the scope of your setup/assembly work (specific details): assemble staging - set up canopies - audio - etc. Dismantle Date: 6111116 Completion Time: 6:00 PM List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. NONE. Sponsoring Organization: Mabuhay Festiva 2016 Chief Officer of Organization (Name) Ditas Yamane Applicant (Name): Mabuhay Festival 2016 Aridresn: 140 W. lath StrebE N€iiOnei My, CA Si= Daytime Phone: 619-470 Evening Phone: 619-474-5300 E-Mail mabuhayfest©cox.net Fax: 619-474-6888 Contact Person "on site" day of the event: Ditas Yamane Cellular: 619-921-5125 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 r�rt' Y a •, �: � �311• Ra yi17 FI.� �l h IC.f..Yi • ;;iy 1� 14: � �t ' ;ri sari 4•::ttidttt2,ygle Is your organization a "Tax Exempt, nonprofit" organization? IIYESDNO Are admission, entry, vendor or participant fees required? LJ YES ONO If YES, please explain the purpose and provide amount(s): Admission - FREE Vendor/Exhibitor Fee to cover cost of the event. $ 1 Q� Estimated Gross Receipts Including ticket, product and sponsorship sales from this event. $ 9,500 Estimated Expenses for this event. $ 500 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Mabuhey Festival celebrates culture, diversity, and fosters sense of community. To honor the 118th Anniversary of the Philippine Independence. Features various groups Le. businesses, civic org., local govt., educational institutions, & nonprofits showcasing ads & crafts, local talents. & trade. DYES jNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: NO. E31'ESEJNO Does the event involve the sale or use of alcoholic beverages? ❑YESZNO Will items or services be sold at the event? If yes, please describe: Kids Comer - Inflatable World to provide kids 12 and under with slides and jumpers. 2 ;DYES] NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. IYES D l*'C Does the event involve a hied c nue site? if YES, attach a detailed site map showing all streets impacted by the event. YES L.JNO Doss the eventinvolve the use of tents or canopies? if YES: Number of tent/canopies 75 Sizes Iwo NOTE A separate Fire Department permlt Is required for tents or canopies. YES ✓ZNO Will the event involve the use of the C_yt or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas. Please describe how food will be served at the event courtesyof the food vendors If you intend to cook food in the event area please specify the method: ✓ GAS ./ ELECTRIC CHARCOAL OTHER (Specify): nPortable and/or Permanent Toilet Facilities Number of portable toilets: Mini (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables* 76 and Chairs # zoo Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) d Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or reiaad structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: Yriu must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a ciean condition.) Number of trash cans: 24 Trash containers with lids: LLp Describe your plan for clean-up and removal of waste and garbage during and after the event Clean up after the event R removal of waste and garbage during and after the event by volunteers and event custodians. 3 • f t • f �,'.. Yr ' . w C►if+Au - r, a s. aa� [ fyt 1.y t a ; :tin} -•'eft t7�r y-Jf��j �� sf� i.•t�� ?'.•si. 1r"R'-.t.�t' .:t. :-:,f:�.�..[::ita !.1Wtf, %.. Please describe your procedures for both Crowd Control and Internal Security: Event Security Volunteers to provide for crowd control and internal security. ❑YESCNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Volunteer Security with Guard Cards. Security Organization Address: Security Director (Name): Phone: QYESJ✓ NO is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Daytime Event. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Paradise Valley Hospital and the Philippine Nurses Association will be providing -First Aid & Equipment, Please describe your Accessibility Plan for access at your event by individuals with disabilities: The venue is ADA compliance for access by individuals with disabilities._ 'nr 1 t 1l 3sytri� ;r-l�,•`h r2 ft • f ' �' � . "7��_ Please provide a detailed description of your PARKING plan: The venue has ample parking plan during the event. Please describe your plan for DISABLED PARKING: The venue parking provides for disabled parking. Please describe your plans to notify all residents, businesses and churches impacted by the event Fiverinq, poster, newspapers, and social media networking and advertising. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 ZYESIONO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: 1 Type of music: farniily oriented - El YES ONO Will sound amplification be used? if YES, please indicate: Start time, 9:00 AM Finish Time 5:OD PM QYESf NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 8:30 AM Finish Time 9:00 AM Please describe the sound equipment that will be used for your event DJ ❑YESZ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: None. 1YESE1NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners ; Balloons; Posters 5 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. organization Mabuhay Festival 2016 Person in Charge of Acfi,vity Ditas Yamane Address 140 W 16th Street National City, CA 91950 Telephone (619) 474-5300 Date(s) of Use 06/11/2016 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. --"� sigpaturof Applicant Official Title Date or Joe seOny Certificate of Insurance Approved - Date - 6 °°-°'".177, ; _ . tea t1�e'sr €4 :'.n'.:. s: ..Cf� ." -. :•g �u.;3a!'i�'...':1 ._-::e '� 'bo >�.. Z•^..:.:aM:'K. i S�'. d `.: -i Thb went wIl foster a soma of community and promote pride In the Filipino cultural heritage: build collaboration and cultural understanding among the fi 1pino and the Malno ame$ am - young rind old alike; and promote empowerment In'tha community of exponenticd wealth of diverse strengths and backgrounds! The Filipino Americas of San Diego County we honorific' tleth Philippine Indepsadenas - and as you a0 know - the Filipino Amriaans Is the lorgast ethnic group In our city which doubles during the day - the program wHI Include fxrtfcipctlon from various groups rronttndvicorganizations, lslgovernment. educational u , pubk agencies, and nonprofit orgaizations swc tune. language, orb and local Tilt has bean a tnndition of our tornmunky cetebrdting the wsrsual commemoration of the Philippine Independence, FREE to our Camenunitgi Footprint (Tentative Map) Mabuhay ftstival - Celebrating Language •3z Culture Honoring the 118th Anniveralary of the Philippine Independence Kimbell Parkin Natlonel City, Califor& Saturday, June 11, 0026 ® loam •• 4pan RettOdu - famed stac{n ha*ublk lysdroil t5f7-Ora niv Rttotii For more Information, please cant Chat Vcanantl.(619) 474-5300 .4014211100 61h Annual Flinn America •. `a tfidop. Community Event Fests11 'Honoring philippIng Indgprndiznas111 Ccra ratisio Caftan &' Diversity SATURDAY, JUNE•lt, 2016 + 10:0OAM - 4:00PM LCIM!AIL PARK ° NATIONAL Cmr. CAIIPORNtA :9,.s • • --1-dmo-toc°r.net • uwn.uoeenymahohomorg 6th Annual Filipino American .44.Vt wit 40,, Community Event 'Honoring Philippincz IndRprzndrznca1 Celebrating Culture ,&' Diversity SATURDAY, JUNE 11, 2016 r 10:00AM - 4:00PM KIMBALL PARK * NATIONAL CITY, CALIFORNIA 6/9.474.530o * mabuhayfest@cox.net * www.wesaymabuhay.org Mabuhay! The Mabuhay Festival event fosters a sense of community and promote pride in the Filipino cultural heritage; build collaboration and cultural understanding among the i lipinos and the Filipino americans — young and old alike; promote empower- ment in the community of diverse strengths and backgrounds! Filipino Americans representing the largest Asian group in San Diego County honors the ti8th Philippine Independence Day!!! The Mabuhay Festival 2o16 program includes participation from various groups representing businesses, civic organizations, local government, educational institutions, public agencies, and nonprofit organizations showcasing arts and crafts, local talents, and trade. Mabuhay Festival 2016 event features the following - Mabuhay Scholarship - Miss Mabuhay Philippines Mabuhay Singing Contest - Salute to Filipino Americans in the US Military Services - Our Bayani (Nero) Honoree - Fil-.gym Business of the Year - Visitation with Our Lady of the Rosary of Manaoag - Santacruzan Flores de Mayo - and lots of' fun, prizes & surprises!!! This has been a tradition of our community in celebrating the annual commemoration of the Philippine Independence day! FREE TO THE GENERAL PUBLIC !!! Thank you for your continued support! Maram!ng Salamat Po ! For more information about event participation, sponsorship, vendor - exhibitor opportunities, please call or text message: Ditas Yamane @ 619-981.8800 email: mabuhayfest@cox.net • www.wesaymabuhay.org 8 C1TY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Mabuhay Festival EVENT: Mabuhay Festival 2016 DATE OF EVENT: June 11, 2016 TIME OF EVENT: 10am to 4pm APN Lal DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Planning: All activities shall comply with Title 12 (Noise) of the National City Municipal Code, including noise limits as contained in Table III of NCMC §12.06.040. RISK MANAGER (619) 336-4370 I would recommend that as a c;ondition of the issuance of the permit that the following documents be provided: ® Provide as valid copy of the insurance certificate wherein the City of National City is a named insured. That the insurance policy provide a hold harmless and indemnification agreement which must have a combined single limit of no Tess than $1,000,000.00 (ONE MILLION DOLLARS) that would cover the date of the event. ® That the insurance company issuing the insurance policy have a A.M. Best's Guide Rating of A:VIi and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • Provide an Additional Insured endorsement naming the City of National City, its officials, agents and employees as an additional insured. • Name, address and contact information for the broker providing this insurance policy. 9 CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE AU vendors must have business license and all food vendors must have Health Permit. I need a list of the vendors at least 2 weeks prior to the event. PUBLIC WORKS (619)366-4580 Parks Division 1. Three hours for set up on Friday June 10th to mark off the valve boxes and irrigation at overtime pay @ $46.58 ($139.74) 2. One staff for the duration of event 8 hours from 9am — 5pm for litter control and service public restrooms. Overtime rate at $46.58 total $372.64 3. 2 hours for final inspection Storm Water Compliance Inspection for Special Event Report and litter clean up. Overtime rate at $46.58 per hour ( $93.16) 4. The event organizers must provide night time security on Friday June 12th. 5. Event organizer did not request the City Stage and PA. 6. No Jumper are allowed at Kimball Park. 7. Total expense for event $ 605.54 Staff Recommendation on Denial of Inflatable Air Jumps Inflatable air jumps are not specifically addressed in the municipal code. They are addressed by our departmental policies. Generally, inflatable jumps are allowed only at Las Palmas Park, with an approved application, and the appropriate insurance coverage. Thus, an inflatable air -jump could be allowed by approval of the City Council. Any such approval, however, should still require the appropriate insurance coverage, hold harmless, and indemnity provisions. Staff recommendation for denial is reflective of current department policy where inflatables are currently allowed only at Las Palmas Park. Facilities Division Overtime hrs. Electrician - 10hrs x $36.75= $ 367.50 Electrician will be installing all electrical cords and hook up the concession stands. Electrician will be monitoring electrical throughout the event. 10 POLICE Request for extra patrol will be made for this event and will look into the availability of Police Reserves. Security staff mentioned seems adequate for this event. FIRE (619) 336-4550 Request Meeting With Organizers Prior To Event $200.00 After Hour inspection Free Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Please provide emergency access to rear of Faire 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at the stage. Extinguishers to be mounted in a visible location between 3Wto 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Provide 2A:1 0BC fire extinguishers in all food areas. Extinguisher to be mounted in a visible location betwcen 3Wto 5' from the floor to the top of the extinguisher. If grease or oil is used in cooking, a 40:BC or class "K" fire etii fisher win be rewired. Please contact the National City Fire Department for direction on K type extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 3) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be :Warne -retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire 11 Department must be obtained. Cooking shall not be permitte under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Approval from the National City Fire Department is required to cook under tents or canopies. Please contact the National City Fire Department for direction. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (f) sf - $400.00 9) Please contact the National City Fire Department for direction on placement of tents or canopies 10) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 11) No parked vehicles or internal combustion engines (generator) are to be placed within 20 feet of tent/canopy. Internal combustion power sources that may be used shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 12) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 13) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 14) First Aid will be provided by organization 15) South parking lot next to Boys and Girls Club shall maintain a minimum of a 20 foot roadway to allow for emergency apparatus access. Please contact the National City Fire Department for direction. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 17) A fire safety inspection is required for this event and is to be conducted by the Fire Department prior to operations of the event to include all food areas etc. $200.00 12 18) Fees must be paid to the Fire Department Administration Office prior to event occurrence. 19) Mao shall consider "Fire Lane" re uira ed for event. Contact City of National Cityr Parks Division for requirements. 13 CC/CDC-HA Agenda 12/1/2015 — Page 315 The following page(s) contain the backup material for Agenda Item: Presentation of AB 243, discussion of the recent state adopted legislation providing for state regulation of the cultivation of marijuana (AB 243) unless there is a local ordinance prohibiting or regulating cultivation in effect prior to March 1, 2016, wh CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 1, 20151 AGENDA ITEM NO. ITEM TITLE: Presentation of AB 243, discussion of the recent state adopted legislation providing for state regulation of the cultivation of marijuana (AB 243) unless there is a local ordinance prohibiting or regulating cultivation in effect prior to March 1, 2016, whether the City Council as a policy decision seeks to prohibit or regulate the cultivation, and seeking direction to staff regarding a potential cultivation ordinance (regulation or prohibition) (Planning) PREPARED BY: Ray Pe and Claudia Silva $01— DEPARTMENT: Planning, City Attorney PHONE: Ext. 4421 and 4222 APPROVED BY: EXPLANATION: The state legislature recently adopted the Medical Marijuana Regulations and Safety Act. The Act is comprised of three different bills; AB 266 which establishes dual licensing; AB 243 which establishes a regulatory and licensing structure for cultivation; and, SB 643 which establishes criteria for licensing of medical marijuana businesses. Of these three bills, AB 243 has a pressing deadline requiring cities to take action if they want to retain local land use control over cultivation. Staff will provide an overview of the legislation, including the impending deadline. Currently, the City prohibits medical marijuana dispensaries in the Land Use Code. The decision of whether to allow cultivation is a policy decision which has not been before the City Council. Direction is being sought from the City Council regarding its policy direction regarding this matter. There are no ordinances for the City Council's consideration at this time, as that will follow the Government Code process for adopting land use ordinances, which requires published notices, public hearings, and a recommendation from the Planning Commission upon its review of proposed ordinance(s). FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Provide direction to staff. FINAL ADOPTION: BOARD / COMMISSION RECOMMENDATION: .Not applicable. Finance MIS ATTACHMENTS: 1. Planning Commission agenda packet for November 23, 2015 Title: Item no. 2 November 23, 2015 CITY OF NATIONAL CITY - PLANNING DFPARTMIFNT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING = AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO ADDRESS CULTIVATION OF MARIJUANA. Case File No.: 2015-25 A Location: Citywide Staff report by: Martin Reeder, AICP — Principal Planner Applicant: City -initiated Environmental review: Not a project under CEQA (no physical change) Staff recommendation: Recommend approval of an Amendment prohibiting marijuana cultivation Background The City is .seeking an amendment to the Municipal Code in order to address the cultivation of marijuana. The �e amendment is needed in order to respond to recent changes in state law scheduled to take effect in 2016. Previous Action The Planning Commission initiated a Municipal Code Amendment to address marijuana cultivation at their regular meeting of November 2, 2015. The Commission asked staff to return with options for both the regulation and prohibition of medical marijuana cultivation. Although staff had originally suggested an amendment covering deliveries of marijuana and mobile marijuana dispensaries in addition to cultivation, the Commission chose to initiate an amendment that only addresses marijuana cultivation at this time (see discussion related to AB 243 below). History On October 9, 2015, Governor Brown approved The Medical Marijuana Regulation and Safety Act (The Act), which establishes comprehensive, statewide Iicensure and regulations for commercial medical marijuana activity that respect local control, protect patients, promote public safety, and preserve tine environment. The Act is comprised of three separate bills: Senate Bill 643 (McGuire), Assembly Bill 266 (Bonta, Cooley, Lackey and Jones -Sawyer), and Assembly Bill 243 (Wood). Only AB 243 and AB 266 affect local regulations. In general, AB 243 relates to medical marijuana cultivation; and, AB 266 relates to deliveries and mobile dispensaries. AB 243 has the pressing deadline of March 1, 2016, which is driving the current timeline. Proposal The general purpose of the amendment is to amend the chapter to address the cultivation of medical marijuana and marijuana generally (Cultivation); including, but not limited to, regulating and/or prohibiting such land use activities. The recommendation of staff to amend the code to prohibit cultivation is predicated upon existing code language that prohibits medical marijuana dispensaries and that cultivation is not a permitted use. The City's Land Use Code is based upon permissive zoning, which means only enumerated uses are allowed uses. The proposed prohibition is consistent with the City Council's prior adoption of section 18.30.340 (Medical Marijuana Dispensaries — prohibited). Analysis Assembly Bill 243 (AB 243) will require immediate attention from local governments if they wish to prohibit or continue to prohibit certain activities related to medical marijuana, including the cultivation of medical marijuana. The Land Use Code currently prohibits Medical Marijuana Dispensaries under section 18.30.340. Cultivation is not expressly prohibited. AB 243 requires the City to have a prohibition ordinance in place by March 1, 201 6. if not enacted by this date, the City will lose its local land use authority to regulate or ban cultivation. The full text of AB 243 is attached for your review. The Land Use Code is a "permissive zoning" code. This means that uses not expressly permitted are prohibited. Accordingly, cultivation is not currently allowed in National City as it is not specifically permitted by the Land Use Code. However, in order to ensure clarity in the light of recent enactment of The Act, and affirmatively retain local land use control on this issue, the Code should be updated to be specific as to the prohibition or regulation of cultivation. Other jurisdictions Of the eighteen cities in the County of San Diego, only the City of San Diego permits marijuana cultivation. The City of San Marcos recently approved the introduction of an ordinance that would prohibit the cultivation, delivery and sale of medical marijuana. The City of Vista is amending their Development Code to continue for its operation as a permissive zoning code, which would continue to prohibit the cultivation of marijuana (and other uses) being that the use is not expressly permitted. The City of San Diego permits the cultivation of medicinal marijuana either by a licensed Medical Marijuana Consumer Cooperative, by Qualified Patients, or by Primary Caregivers, the latter two of which are defined as follows [in the San Diego Municipal Code]: Primary caregiver means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health and Safety Code section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana. Qualified patient means a California resident having the right to obtan and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health and Safety Code section 11362.5. Option for prohibition Staff is recommending prohibition of marijuana cultivation for the following reasons: • There is insufficient time to research, analyze, and prepare an Ordinance establishing a regulatory scheme based on the City of San Diego's Ordinance before the March 1, 2016 deadline. • City Council adopted the Land Use Code with a specific ban of medical marijuana dispensaries and the proposes prohibition of cultivation is consistent with the Land Use Code. • Adopting a prohibition of cultivation does not prevent the City from subsequently adopting cultivation regulations, but failing to adopt a prohibition will prevent the City from retaining local land use control, thereby relinquishing local land use to the State in this area. • Regulation of marijuana cultivation is not consistent with the General Plan (see below) • The Police Dopartment is firmly opposed to medical marijuana and associated activities in the City for the following reasons: • Research conducted by the National City Police Department through the DEA concludes that marijuana is a dangerous addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non -marijuana users; and proponents of legalizing marijuana use of "medical marijuana" as a red herring in an effort to advocate broader legalization of drug use. Additional information provided by the Police Department has been attached, including descriptions of Scheduled Controlled Substances per the Controlled Substances Act (CSA), and documented public safety issues from other jurisdictions that allow marijuana cuitivation. Some of the documented impacts associated with cultivation include: • Gun violence associated with robberies or attempted robberies of marijuana plants. • Increase in traffic accidents and fatalities involving persons under the influence of marijuana. • Environmental impacts caused by pollutant d!sch&rge from growing operations. The amendment prohibiting cultivation is intended to apply to all marijuana products, medical or otherwise, in order to capture possible regulation changes in the future. It is important to note that a prohibition of cultivation today does not mean that cultivation can never be permitted in the future. A subsequent amendment of the Land Use Code may occur at a later time to address cultivation. This would also allow staff to adequately research, analyze, and prepare an Ordinance for review by the Planning Commission and City Council. Option for r ecuiation If the Commission chooses to amend the Code to regulate the cultivation of marijuana, staff recommends using the City of San Diego municipal code as a framework. Staff has not had sufficient time, however, to adequately analyze that ordinance. The code sections (Article 2: Health Regulated Businesses and Activities, Division 13: Medical Marijuana Regulations: Patients and Caregivers & Division 15: Medical Marijuana Consumer Cooperatives) are attached for your review and would be used to create language regulating cultivation. That language would be forwarded to the City Council tor inclusion into an ordinance, should they choose to take the path of regulation rather than prohibition. While staff is recommending prohibition at this time, regulation would still be possible in the future. General Plan consistency The purpose of the Health and Environmental Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents. Based on the information from the Police Department that marijuana poses significant health threats to users and cultivation is accompanied by increased criminal activity, regulating cultivation would not be consistent with the General Plan. California Environmental Quality Act The proposed Amendment has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is exempt from CEQA under section 1 L g51(b)(3) — general rule. The general rule states that r, E 'tA applies only to projects which have the potential for causing a significant effect on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. It can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment; the activity is not subject to CEQA. Summary Due to the short notice provided by the State, there is not enough time to fully capture and anaiyze the issues resuiting from regulating cultivation in the City. The Commission showed interest in the City benefiting from additional revenue streams associated with permitting cultivation. Monetary policy and taxation are matters of City Council policy. It is important to point out that a prohibition of cultivation does not mean that it cannot be permitted in the future, pending a subsequent amendment of the Land Use Code. Due to the short timeframe needed to fully vet the information for a regulatory scheme and still have an Ordinance in place before March 1, 2016, staff is recommending that the Commission amend the Municipal Code to prohibit marijuana cultivation. OPTIONS 1. Recommend approval of the Amendment to Section 18.30.340 of the Land Use Code. prohibiting marijuana cultivation, based on the attached findings; or 2. Recommend approval of the Amendment to Section 18.30.340 of the Land Use Code, regulating marijuana cultivation, based on the attached findings/findings to be made by the Planning Commission; or 3. Recommend denial of the Amendment to Section 18.30.340 of the Land Use Code, based on findings to be determined by the Planning Commission. ATTACHMENTS 1. Recommended Findings for Approval of an amendment prohibiting marijuana cultivation. 2. Assembly Bill 243 3. Existing Land Use Code Chapter 18.30.340 = Medical Marijuana Dispensaries. 4. Proposed Land Use Code Chapter 18.30.340 — Medical Marijuana Dispensaries (prohibition of cultivation) 5. City of San Diego Municipal Code — Article 2: Health Regulated Businesses and Activities, Division 13: Medical Mariivana Regulations: Patients and Caregivers 6. City of San Diego Municipal Code — Article 2: Health ReguWed F3F.IRrpRAPs and Activities, Division 15: Medical Mariivana Consumer Cooperatives 7. Controlled Substances Act definitions and documented public safety issues related to marijuana cultivation (Police) 8. Public Notice (published in the San Diego Union -Tribune, not mailed) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO TITLE 18 (ZONING) CHAPTER 18.30.340 OF THE NATIONAL CITY MUNICIPAL CODE (MEDICAL MARIJUANA DISPENSARIES) TO PROHIBIT GUL T I VATiON OF MEDiiCAL MARIJUANA AND MARIJUANA GENERALLY. CASE FILE 2015-25 A That the proposed amendment is in the public interest because it retains local land use authority by the City; and local land use should remain with the City, because the City should retain its legislative function to determine what uses are most appropriate within its jurisdiction. 2. The compressed time frame from the State of California to enact an ordinance so that the City can continue local land use control over cultivation does not provide sufficient time to fully research and analyze the issues regarding allowing cultivation in the City; and prohibition of cultivation preserves local land use control while allowing for a subsequent amendment establishing regulation over cultivation at a later date, if so desired. 3. That the proposed amendment is in the public interest because marijuana cultivation in other California jurisdictions has resulted in impacts such as increased gun violence, robberies, traffic accidents/fatalities, and environmental impacts caused by pollutant discharge from growing operations, which would pose significant health threats to National City residents. ^. That the proposed amendment is in the public interest and is consistent with General Plan policy, because the purpose of the Health and EE":,? !ronmcnt Justice Element of the General Plan is to identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents, and because the Police Department has concluded that marijuana poses significant health threats to users. 5. That the proposed amendment has been reviewed to be in compliance with the California Environmental Quality Act (CEQA), because it has been determined that the proposed use is exempt from CEQA under section 15061(b)(3) — general rule. The project is not considered a project under CEQA; there is no possibility that the activity in question may have a significant impact on the environment. Cultivation is currently not a permitted use and this Code Amendment affirms that marijuana cultivation is prohibited. 1111620/5 Bill Tent- AB-243 Maloof mediums. LEGISLATIVE INFORMATION AB-243 Medical merljuanp. (pays -ens) Assembly Bill No. 243 CHAPTER 688 An act to add Article 6 (cofrimendng with aeon 19331), Article 13 (commencing with Section 19350), and Article 17 (commencing with Section 19360) to Chapter 3.5 of Division 8 of the Business and Professions Code, to add Section 12029 to the Fish and Game Code, to add 5edions 11362.769 and 11362.777 to the Health and Safety Code, and to add Section 13276 to the Water Code, relating to medical marijuana, and making an appropriation therefor. r Approved by Governor October 09, 2015. Fined with Secretary of State October 09, 2015. ) LEGISLATIVE COUNSEL'S DIGEST AB 243, Wood. Medical marijuana. Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Leglsfature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. Existing law provides for the ticensure of various professions by boards or bureaus within the Department of Consumer Affairs. Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of food, drugs, devices, and cosmetics, as specked. A violation of that law Is a crime. This bill would require the Department of true! and Aorisesibee; kile, n nt of Pe.T.ticldc Regulation, 'dire State Department of Public Health, the Department of' Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical marijuana and Its cultivation, es specified. The bill would wls'o require various state agencies to take specified actions to mitigate the impact that marijuana cultivation has on the environment. By requiring cities, counties, and their local law enforcement agencies to coordinate with &etc agendes to el -irate laws addressing time envdronmentai Impacts Of medical marijuana cultivation, and by including medical marijuana within the Sherman Act, the bill would rrnpose a state -mandated focal program. This bill would require a rate Deeming authority to charge eat ilc* e rr tad act a licerrswg and renewal fee, as applicable, and would further require the deposit of those collected fees Into an account specific to that Lrransing authority in the Medical Marijuana Regulation and Safety Act Fund, which this bill would establish. This bill would impose certain fines and civil penalties for specified violations of the Medical Marijuana Regulabon and Safety Act, and would require moneys collected as a result of these fines and civil penalties to be deposited Into the Medical Cannabis Fines and Penalties Account, which this bill would establish within the fund. Moneys In the fund and each amount ofthe fund would he available upon appropriation of the legislature. This bill would authorize the Director of Finance to provide an Initial operating loan from the General Fund to the Medical Marijuana emulation and Safety Act Fund of up to $10,000,000, and would appropriate $10,000,000 I from the Medical Marijuana Regulation and Safety Act Fund to the Department of Consumer Atfaire to begin the reps:Neeirdbiaghlorecaaavilboostollitaweliertideni7tilljd.201520103AB243 P1 ilea/2015 91@ Tod- AB-243 Medical rnwiJuans. activities of the bureau. This bill would provide that its provisions are severable, The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specifled reason. With regard to any other mandates, this bill would provide that, If the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would become operative only If AB 266 and SB 643 of the 2015-16 Regular Session are enacted and take effect on or before January 1, 2016. Vote: majority Appropriation: yes Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 6 (commencing with Section 19331) is added to Chapter 3,5 of Division 8 of the Business and Professions Code, to read: Article 6. Licensed Cultivation Sites 19331. The Legislature finds and declares all of the following: (a) The United States Environmental Protection Agency has not established appropriate pesticide tolerances for, or permitted the registration and lawful use of, pesticides on cannabis crops intended Ibr human consumption pursuant to the Federal insecticide, Fungicide, and Rodenticlde Act (7 U.S.C. 136 et seq.). (b) The use of pestiddes is not adequately regulated due to the omissions In federal law, and cannabis cultivated in California for California patients can and often does contain pesticide residues. (c) Lawful California medical cannabis growers and caregivers urge the Department of Pesticide Regulation to provide guidance, In absence of federal guidance, on whether the pesticides currently used at most cannabis cultivation sites are actually safe for use on cannabis Intended for human consumption. 19332. (a) The Department of Food and Agriculture shall promulgate regulations governing the licensing of Indoor and outdoor cultivation sites. (b) The Department of Pesticide Regulation, in consultation with the Department of Food and Agriculture, shall develop standards for the use of pesticides in cultivation, and maximum tolerances for pesticides and other foreign object residue in harvested cannabis. (c) The State Department of Public Health shall develop standards for the production and labeling of all edible medical cannabis products. (d) The Department of Food and Agriculture, in consultation with the Department of Rsh and Wildlife and the State Water Resources Control Board, shall ensure that Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the lnstream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. (e) The Department of Food and Agriculture shall have the authority necessary for the implementation of the regulations it adopts pursuant to this chapter. The regulations shall do all of the following: (1) Provide that weighing or measuring devices used in connection with the sale or distribution of medical cannabis are required to meet standards equivalent to Division 5 (commencing with Section 12001), (2) Require that cannabis cultivation by licensees Is conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, agricultural discharges, and similar matters. Nothing In this chapter, and no regulation adopted by the department, shall be construed to supersede or limit the authority of the State Water Resources Control Board, regional water quality control boards, or the hteaJReginfo legislshrecaperNaoeskiliNavelisll. lml7d1L1&231620160AB 343 yB P2 11/1020115 BIN Text- AB-243 Medeat =Mane Department of Ash and Wildlife to implement and enforce their statutory obligations or to adopt regulations to protect water quality, water supply, and natural resources. (3) Establish procedures for the Issuance and revocation of unique identifiers for activities associated with a cannabis cultivation license, pursuant to Article 8 (commencing with Section 19337). All cannabis shall be labeled with the unique Identifier Issued by the Department of Food and Agriculture. (4) Prescribe standards, in consultation with the bureau, for the reporting of inforrnation as necessary related to unique identifiers, pursuant to Article 8 (commencing reel to , 1g;.J7). (f) The Department of pesticide Regulation, In consultation with the State Water Resources Control 13♦oard, shall promulgate regulations that require that the application of pesticides or other pest control in connection with the Indoor or outdoor cultivation of medical cannabis Meets standards equivalent to Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its Implementing regulations, (g) State cultivator license types issued by the Department of Food and avriculture include: (1) Type 1, or "specialty outdoor," for outdoor cultivation using no artlflaal lighting of less than or equal to 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots. (2) Type 1A, or"specialty Indoor," for indoor cultivation using exclusively artificial lighting of less than or equal to 5,000 square feet of totsi canopy size un one premises. (3) Type 18, or"specialty mixed -fight,' for cultivation using a combination of natural and supplemental artificial fighting at a maximum threshold to be determined by the licensing authority, of less than or equal to 5,000 square feet of total canopy size on one premises. (4) Type 2, or "small outdoor,' for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises, (5) Type 2A, or "small Indoor," for Indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet, Inclusive, of total canopy size on one premises. (6) Type 2B, or "small mixed -light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the Ikensing authority, between 5,001 and 10,000 square feet, Inclusive, of total canopy size on one premises, (7) Type 3, or"outdoor," for outdoor cultivation using no artificial lighting from 10,001 square feet to one acre, Inclusive, of total canopy size on one premises. The bepartment of Food and Agriculture shall limit the number of licenses allowed of this type. (8) Type 3A, or "indoor," for Indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square. feet, Inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (9) Type 36, or "mixed -light," for cultivation using a combination of natural and supplemental art liclai lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet, Inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed or this type. (10) Type 4, or "nursery," for cultivation of medical cannabis solely as nursery, Type 4 licensees may transport live plants, An employee engaged in commercial cannabis cultivation activity shall be subject to Wage Order 4-2001 of the Industrial Welfare Commission. SEC 2. Article 13 (commencing with Section 19350) Is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read: Amtlelo 13. Funding 19350. Each licensing authority shall establish a scale or application, licensing, and renewal fees, beaed upon the cost of enforcing this chapter, as follows: It vlisainhiegielsarecapvIreoesfbiliNairC9ertathtnabilUck2D1$3o1e6At 3 P3 11Met2015 131Ii Tend-AB.243 Medical marijuana (a) Each licensing authority shall charge each licensee a Ilcensure and renewal fee, as applicable. The licensure and renewal fee shall be calculated to cover the costs of administering this chapter. The Ilcensure fee may vary depending upon the varying costs associated with administering the various regulatory requirements of this chapter as they relate to the nature and scope of the different Ilcensure activities, Including, but not limited to, the track and trace program required pursuant to Section 19335, but shall not exceed the reasonable regulatory costs to the licensing authority. (b) The total fees assessed pursuant to this chapter shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs of administering this chapter. (c) All license fees shall be set on a scaled basis by the licensing authority, dependent on the size of the business. (d) The licensing authority shall deposit all fees collected In a fee account specific to that licensing authority, to be established In the Medical Marijuana Regulation and Safety Act Fund. Moneys In the licensing authority fee accounts shall be used, upon appropriation of the Legislature, by the designated licensing authority for the administration of this chapter. 19361. (a) The Medical Marijuana Regulation and Safety Act Fund is hereby established within the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature. Notwithstanding Section 16305.7 Of the Government Code, the fund shall include any Interest and dividends earned on the moneys In the fund. (b) (1) Funds for the establishment and support of the regulatory activities pursuant to this chapter shall be advanced as a General Fund or special fund loan, and shall be repaid by the Initial proceeds from fees collected pursuant to this chapter or any rule or regulation adopted pursuant to this chapter, by ]anuary 1, 2022. Should the Initial proceeds from fees not be sufficient to repay the loan, moneys from the Medical Cannabis Fines and Penalties Account shall be made available to the bureau, by appropriation of the Legislature, to repay the loan. (2) Funds advanced pursuant to this subdivision shall be appropriated to the bureau, which shall distribute the moneys to the appropriate licensing authorities, as necessary to Implement the provisions of this chapter. (3) The Director of Rnance may provide an Initial operating loan from the General Fund to the Medical Marijuana Regulation and Safety Act Fund that does not exceed ten million dollars ($10,000,000). (c) Except as othenvlse provided, all moneys collected pursuant to this chapter as a result of fines or penalties imposed under this chapter shall be deposited directly Into the Medical Marijuana Fines and Penalties Account, which is hereby established within the fund, and shall be available, upon appropriation by the Legislature to the bureau, for the purposes of funding the enforcement grant program pursuant to subdivision (d). (d) (1) The bureau shall establish a grant program to allocate moneys from the Medical Cannabis Fines and Penalties Account to state and local entities for the following purposes: (A) To assist with medical cannabis regulation and the enforcement of this chapter and other state and local laws applicable to cannabis activities. (B) For allocation to state and local agencies and law enforcement to remedy the environmental impacts of cannabis cultivation_ (2) The costs of the grant program under this subdivision shall, upon appropriation by the Legislature, be paid for with moneys in the Medical Cannabis Fines and Penalties Account. (3) The grant program established by this subdivision shall only be implemented after the loan specified In this section is repaid, i9382. The sum of ten million dollars ($10,000,000) Is hereby appropriated from the Medical Marijuana Regulation and Safety Act Fund to the Department of Consumer Affairs to begin the activities of the Bureau of Medical Marijuana Regulation. Funds appropriated pursuant to this section shall not include moneys received from fines or penalties. SEC. 3. Article 17 (commencing with Section 19360) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read: blips:lllepinro,ledslaturacra.goveaceebRlNavelle t.xhimengli 1th201520180AB248 4t8 P4 11/187015 8ifl Text- AB-243 Mesa marijuana. Article 17, Penalties and Violations 1aee0. (a) A person engaging In cannabis activity without a license and associated unique Identifiers nequIred by this chapter shall be subject to civil penalties of up to twice the amount of the license fee for each violation, and the department, state or local authority, or court may order the destruction of medical cannabis associated with that violation. Each day of operation shall constitute a separate violation of this section. All civil penalties Imposed and collected pursuant to this section shall be deposited into the Marijuana Pmdrx ion arid Environment Mitigation Fund established pursuant to Sion 31013 of the Revenue and Taxation Code. (b) If an adion for civil penalties is brought against a licensee pursuant to this chapter by the Attorney General, the penalty collected shall be deposited Into the General Fund. If the action Is brought by a district attorney or county counsel, the penalty cotieced shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, the penalty collected shall be paid to the eeeasurer ae to city- o; cite and- cc;'uri y in which the judgment was entered. If the action is brought by a city attorney and is adjudicated in a superior court located in the unincorporated area or another City in the same county, the penalty shall be paid one-half to the treasurer of the city in which the complaining attorney has jurisdiction and one-half to the treasurer of the county in which the judgment Is entered. (c) Notwithstanding subdivision (a), criminal penalties shall continue to apply to en unlicensed person or entity engaging in cannabis activity in violation of this chapter, Including, but not limited to, those Individuals covered under Section 11362.7 of the Health and Safety Code. SEC. 4. Section 12029 is added to the Ash and Game Code, to read: 11102i. (a) The legislature finds and declares all of the following: (1) The environmental impacts associated with marijuana cultivation have increased, and unlawful water diversions for marijuana Irrigation have a detrimental effect on fish and wildlife and their habitat, which are held in trust by the state for the benefit of the people of the state. (2) The r medfatlon of existing marijuana cultivation sites Is often complex and the permitting of these sites requires greater department staff time and personnel expenditures. The potential for marijuana cultivation sites to significantly impact the state's fish and wildlife resources requires immediate action on the part of the department's lake and streambed alteration permitting staff. (b) In order to address unlawful water diversions and other violations of the Ash and Game Code associated with marijuana cultivation, the department shall establish the watershed enforcement program to facilitate the Investigation, enforcement, and prosecution of these offenses, (c) The department, In coordination with the State Water Resources Control Board, shall establish a permanent reultlegency task force to address the environmental irgpact3 of mmar1juarre cultivation. The muitiagency task force, to the extent feasible and subject to available Resources, shall expand its enforcement efforts en a statewide level to ensure the reduction of adverse lrr:pacts of marijuana cultivation on fish and wildlife and their habitats throughout the state. (d) In order to facilitate the remediatlon and permitting of marijuana cultivation sites, the department shall adopt regulations to enhance the fees on any entity subject to Section 1602 for marijuana cultivation sites that require remediation. The fee schedule established pursuant to thls subdivision shall not exceed the fee limits In Section 1609. SEC.. a. Section 11362.769 Is added to the Health and Safety Code, to read: 11362760. Indoor and outdoor medical marijuana cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. State agencies, including, but not limited to, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state k w enforcement agencies shall address environmental impacts of medical marijuana cultivation and shall coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement affaa. hit s.MagInfo.leglsialun .ce.govasce ibiliNeeellertadsrnMerejoL-201520100PEQ49 P5 11/1612016 Bill Tern- AB-243 Medcel marijuana. F--- SEC. $. Section 11362.777 Is added to the Health and Safety Code, to read: 11352.777. (a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary, except as specified In subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of the Business and Professions Code, medical cannabis Is an agricultural product. (b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: (A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. (B) A state license issued by the department pursuant to this section. (2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. (3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section If the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana Is prohibited by the city, county, or city and county in which the cultivation Is proposed to occur, either expressly or otherwise under principles of permissive zoning. (c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability prior to issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana prior to obtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department. (2) A city, county, or city and county that Issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. (3) A city, county, or city and county's locally issued conditional permit requirements must be at least as stringent as the departments state licensing requirements. (4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants In that city, county, or city and county. (d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, Including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. (2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to Implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, Induding Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the Immediate preservation of the public peace, health and safety, end general welfare. (3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not ilmlted to, administration, investigations, Inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. hase111eginfo legislature ca.gowfaaeal6AiNavCliertxhimi7blil 1&2015 01130A0i43 P6 11Pili201B BM Tod- AB-243 Merkel marijuana. �(e) (1) The department, In consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall Implement a unique Identification program for medical marijuana. In Implementing the program, the department shall consider Issues, Including, but not limited to, water use and environmental Impacts. In implementing the program, the department shall ensure that: (A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the Instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. (B) Cultivation will not negatively Impact springs, riparian wetlands, and aquadc habitats. (2) The department shall establish a program for the Identification of permitted medical marijuana plants at a cuitivation site during the cultivation period. The unique idenef er t=hmtl ee attached at the base cf each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. (A) Unique identifiers will only be issued to those persons appropriately licensed by this section. (0) Inforrnation associated with the assigned unique identifier and licensee shall be Included in the trace and track program specified In Section 19335 of the Business and Professions Code. (C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tnacfcing, and Inspecting each medical marijuana plant. (D) The department may promulgate regulations to implement this section. (3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique Identifiers to unlicensed persons. (f) (1) A city, county, or city and county that Issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department In a manner prescribed by the secretary. (2) Unique identifiers and associated Identifying Information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. (g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11352.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. Thls section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 If the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11367-7 and does not receive remuneration for these activities, except for compensation provided In full compliance with subdivision (c) of Section l 1 _765, For piker of this section, the area used to cultivate marijuana shall be ineasused by the aggregate area of vegetative growth of live marijuana plants on the premises. Fxerr tion from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban. SEC. 7. Section 13276 is added to the Water Code, to mad: 1321L (a) The multlagency task force, the Department of Fish and Wildlife and State Water Resources Control Boar: pilot project to address the Environmental Impacts of Cannabis Cultivation, assigned to respond to the damages caused by marijuana cultivation on public and private lands in Celif rule, shall continue Its enforcement efforts on a permanent basis and expand them to a statewide level to ensure the reduction of adverse impacts of marijuana cultivation on water quality and on flsh and wildlife throughout the state. (b) Each regional board shall, and the State Water Resources Control Board may, address disrtrarges of waste resulting from medical marijuana cultivation and associated activities, Including by adopting a general permit, establishing waste discharge requirements, or taking action pursuant to Section 13269. In addressing these discharges, each regional board shall include conditions ea address Items that include, but are not limited to, all lof the following: blips nfo.legielotaacagoglfarxaldillNauCllentadriniThIl,,,1d■20152016pNB243 7/8 P7 11/19l2018 BIII Text- A6-243 Medical madJuare. [(1) Site development and maintenance, erosion control, and drainage features. (2) Stream crossing installation and maintenance. (3) Riparian and wetland pnatectlon and management. (4) Soil disposal. (5) Water storage and use. (6) Irrigation runoff. (7) Fertilizers and soil. (B) Pesticides and herbicides. (9) Petroleum products and other chemicals. (10) (titivation -related waste. (11) Refuse and human waste. (12) Cleanup, restoration, and mitigation. SEC. 8. The provisions of this act are severable. If any provision of this act or Its application Is held Invalid, that Invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 9. No reimbursement Is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, In that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII 6 of the California Constitution. However, If the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 13E0.10. This measure shall become operative only If both Assembly Bili 266 and Senate 6111 643 of the 2015- 16 Regular Session are enacted and become operative. hUpaJAegirkeJegisiatvacagoovRaceal6HlNevelier orlon hill icin20152016DAB243 ats P8 CC/CDC-HA Agenda 12/1/2015 — Page 332 The following page(s) contain the backup material for Agenda Item: Recognition of Fiscal Year 2016 Adopted Budget Cover Photo Contest Winner: Dora Gallegos. (Finance) ITEM ## 12-1-15 RECOGNITION OF FISCAL YEAR 2016 ADOPTED BUDGET COVER PHOTO CONTEST WINNER: DORA GALLEGOS (FINANCE) CALIFORNIA N_\TION__\IL Cirri Inv -- INCORPORATED d'ivivi we iw •%41 FISCAL YEAR 2016 ADOPTED BUDGET CC/CDC-HA Agenda 12/1/2015 — Page 335 The following page(s) contain the backup material for Agenda Item: Update on Improvements to National City Library, Council Chambers, and Large Conference Room. (Engineering/Public Works) Item 12/1/15 UPDATE ON IMPROVEMENTS TO NATIONAL CITY LIBRARY, COUNCIL CHAMBERS, AND LARGE CONFERENCE ROOM. (ENGINEERING/PUBLIC WORKS) CC/CDC-HA Agenda 12/1/2015 — Page 337 The following page(s) contain the backup material for Agenda Item: Update on interim skate park location at Las Palmas Park. (Community Services) ITEM # 12-1-15 UPDATE ON INTERIM SKATE PARK LOCATION AT LAS PALMAS PARK (COMMUNITY SERVICES) CC/CDC-HA Agenda 12/1/2015 — Page 339 The following page(s) contain the backup material for Agenda Item: 2015 Holiday Closure and Employee Work Furlough. (Human Resources) ITEM # 12-1-15 2015 HOLIDAY CLOSURE AND EMPLOYEE WORK FURLOUGH (HUMAN RESOURCES)