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1998 05-12 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - MAY 12, 1998 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF APRIL 21, 1998 AND MAY 5, 1998. COUNCIL AGENDA 5/12/98 Page 2 MAYOR'S PRESENTATIONS Mr. Reynolds, Manager from Sweetwater Authority regarding water rates. PROCLAMATIONS Proclaiming May 15, 1998 to be: "PEACE OFFICERS' MEMORIAL DAY" Proclaiming May 16, 1998 as: "CPR DAY" Proclaiming May 17-23, 1998 as: "SECOND HAND SOCK WEEK" Proclaiming May 17-23, 1998 to be: "EMERGENCY MEDICAL SERVICES WEEK" PUBLIC HEARING 1. Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code regarding regulations regarding parking requirements in the commercial shopping center (CSC) zone. Applicant: Westfield Corporation. Case File No.: A-1997-3, See also PD-1997-4, IS-1997-5. (Planning) CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. WARRANT REGISTER #43 (Finance) Ratification of Demands in the amount of $232,963.24 COUNCIL AGENDA 5/12/98 Page 3 CONSENT CALENDAR (Cont.) 3. Claim for Damages: Anchor Hocking (City Clerk) NON CONSENT RESOLUTION 4. Resolution No. 98-52 Resolution of the City Council of the City of National City approving the draft 1998-99 Consolidated Plan Annual Plan including the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) program budgets. (Community Development Commission) OLD BUSINESS 5. Report on gas station/car wash project proposed in County jurisdiction on the north side of Sweetwater Road, between Prospect Street and Euclid Avenue. (Planning) NEW BUSINESS 6. Notice of Decision — Planned Development Permit for a 159,500 sq. ft. expansion of gross leasable area to Plaza Bonita Shopping Center at 3030 Plaza Road. Applicant: Westfield Corporation. Case File Nos.: PD-1997-4/IS- 1997-5, See also A-1997-3. (Planning) -� CITY MANAGER — CITY ATTORNEY -± OTHER STAFF COUNCIL AGENDA 5/12/98 Page 4 NEW BUSINESS (Cont.) -* MAYOR --> CITY COUNCIL 7. Proposed Resolution regarding Proposition 226. (Vice Mayor Inzunza) 8. Proposed South Bay Wildlife Refuge. (Vice Mayor Inzunza) 9. Handgun Control Proposal. (Councilwoman Zarate) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION Conference with Labor Negotiator — Government Code Section 54957.6. Agency Negotiator: Dan Cassidy Employee Organization: Firefighters' Association ADJOURNMENT Next Regular City Council Meeting — May 19, 1998 — 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor APRIL 28, 1998 TO: CITY COUNCIL FROM: MAYOR WATERS SUBJECT: PUBLIC HEARING ON WATER RATES The San Diego County Water Authority is holding a public hearing on June 11, 1998, at 4:00 p.m. They will be building a new reservoir in the San Diego area. The Public Hearing Notice attached to this letter spells out the charges we will have to pay over a period of time. My objection, as well as our Water Board is that Sweetwater Authority comes under our jurisdiction which already has two reservoirs --Loveland and Sweetwater which we, the taxpayers of the South Bay, paid for with no help from San Diego when they were built. Now San Diego is building a major reservoir and the San Diego County Water Authority, which is predominately appointments from San Diego, have a strong concern that they are going to access all of us to pay for the reservoir. We feel it is very unfair since we already have our own reservoir. Mr. Reynolds, the Manager from Sweetwater Authority, will be discussing this issue further in detail at our Council meeting on May 12, 1998 at 6:00 p.m. I asked him to do this. There will also be a resolution which will be sent to the San Diego County Water Authority objecting to the cost they intend to put on the South Bay residents if you have no objection. GEORGE°H.WATERS MAYOR ENCLOSURE 6 San Diego County Water Authority PUBLIC HEARING NOTICE On June 11. 1998. at 4:00 .m. the Board of Directors of the San Diego County Water Authority_wilLhold a ublic hearing, in the Board Room locate at 3211 Fifth Ave., San Diego, CA, to consider a proposed Infrastructure ccess Charge for wholesale water service provided to retail water agencies in San Diego County. The Infrastructure Access Charge is proposed to finance a portion of the Authority's fixed annual costs including construction, operation and maintenance of the Authority's aqueducts and emergency storage projects. Any person may present oral or written comments at the public hearing. Written comments may also be filed with the Secretary of the Board. All comments must be received before the close of the public hearing. The San Diego County Water Authority is a public agency that imports water into San Diego County and provides other regional and wholesale water services for its member agencies. It generally provides approximately 90 percent of the water used within San Diego County. The Authority sells water at wholesale to its member agencies which, in turn, distribute the water within their respective service areas. The Authority's member agencies are: the Cities of Del Mar, Escondido, National City, Oceanside, Poway and San Diego; the Santa Fe, South Bay and Vista Irrigation Districts; the Carlsbad, Olivenhain, Padre Dam, Rainbow, Ramona, Rincon del Diablo, Valley Center and Yuima Municipal Water Districts; the Helix. Otay, San Dieguito and Vallecitos Water Districts; the Fallbrook Public Utility District and the Pendleton Military Reservation. The Infrastructure Access Charge will be imposed as a condition of maintaining a member agency's connection to Authority facilities. The Infrastructure Access Charge will be apportioned to each member agency based upon anticipated water delivery measured by the number of `household meter equivalents" served by the member agency. The Authority may establish a system of credits to further allocate the charge among member agencies. Initially, the Infrastructure Access Charge will be $1.00 per month for each household meter equivalent. Based upon the Authority's current capital improvement program, it is estimated that the charge will increase to $2.00 per month per household meter equivalent by 2003. The charge will be subject to future adjustments for inflation and modifications of the capital improvement program. Any person desiring to protest the proposed Infrastructure Access Charge should submit oral or written comments before the close of the public hearing. Any subsequent judicial challenge to the charge may be limited to matters raised in oral or written comments submitted before or during the public hearing. Written comments may be mailed to: Secretary of the Board. San Diego County Water Authority, 3211 Fifth Ave., San Diego, CA 92103-5718. If you have any questions or would like additional information, please call the Infrastructure Access Charge information line, (619) 908-5500. The proposed initial Infrastructure Access Charge for various meters is shown in the following table: Meter Size Initial Monthly Cost Under I" * $1.00 1" 1.60 1 1/2' 3.00 '_" 5.20 3" 9.60 4.. 16.40 6" 30.00 8" 52.00 10" 78.00 *A typical residential meter is under I". Tity of National. cit 1rnriamatirni WHEREAS, Of all the promises America offers, none is more precious or more elusive than the right to be free from crime and violence; and WHEREAS, The dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and WHEREAS, During the week of May 10 - 16, National Police Week is observed throughout the nation in order to recognize the hazardous work, serious responsibilities, and strong commitment to our nation's peace officers: and WHEREAS, In conjunction with this important observance. May 15 will be observed as California Peace Officers' Memorial Day in commemoration of those noble officers who have tragically sacrificed their lives in the line -of -duty; and WHEREAS, These special observances provide all Californians with the opportunity to appreciate the heroic men and women who have dedicated their lives to preserving public safety. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim May 15 1998 to be: "PEACE OFFICERS' MEMORIAL DAY" in the City of National City and encourage all citizens to remember those individuals who gave their lives for our safety and express appreciation to those who continue to dedicate themselves to making National City a safer place in which to live.. IN WITNESS WHEREOF, I have Hereunto set my nand and caused the Seal of the City of National City be affixed this 51' day of May, 19.98 GEOR c H. !WATERS Tit at National T itgn 1rnrIamatimt WHEREAS, Every 20 seconds an American will suffer a heart attack. Many cardiovascular -related deaths can be prevented if the victims get prompt help by someone trained in CPR that can provide proper lifesaving measures until trained professionals take over; and WHEREAS, CPR is a vital link in the chain of survival that must be initiated to support a victim of sudden and serious illness or injury; and WHEREAS, This countywide CPR Day is sponsored by the San Diego Fire Chiefs Association and supported by the American Heart Association and the American Red Cross; and WHEREAS, To prepare participants to assist individuals in need of lifesaving skills, CPR classes are taught by the American Red Cross and the American Heart Association. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim May 16, 1998 as: "CPR DAY" in the City of National City and encourage ail residents to become certified in CPR. IN WITNESS WHEREOF, I have hereunto set my hand and caused :he Seai of the Clty of Naticnai City be affixed this 12'" day of May, 1998. -24 Nr�• LLiH.I(.� GEORGE H. 'JVATERS Cniij of National CV 1rndantatthn WHEREAS, The City of National City realizes the human needs that must be met to maintain dignity of all people, and recognizes that it is the responsibility of more fortunate citizens to help provide for those less fortunate; and WHEREAS, The Brother Benno Foundation and the 58 Kiwanis Clubs in San Diego County, including the Kiwanis Club of National City are again sponsoring a SECOND HAND SOCK DRIVE in the hope of collecting 200,000 pairs of socks to be distributed to at least sixty non-profit organizations throughout San Diego County, which directly help the homeless and working poor. NOW, THEREFORE, 1, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim May 17 - 23, 1998 as:: "SECOND HAND SOCK WEEK" `§ :1in the City of National City and urge all citizens to give generously to this great effort that touches so many lives. IN WITNESS WHEREOF, i have hereunto set my hand and caused the Seal of the City of Nationai City be affixed this 12th day of May, 1998. GEORGE WATERS 1rnrhtma1inn WHEREAS, One in three Americans visits an emergency room each year; and WHEREAS, Emergency Medical Service (EMS) providers care for victims of sudden and serious illness or injury and render a vital public service; and WHEREAS, The EMS system relies on the availability and coordination of many different elements beginning with a 9-1-1 activation, the communications staff, the fire and rescue teams, the paramedics, and the emergency department personnel; and WHEREAS, The 1998 National EMS Week theme is The Vital Link and celebrates the contributions of EMS providers throughout the country. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim May 17 - 23, 1998 to be: "EMERGENCY MEDICAL SERVICES WEEK" in the City of National City. IN WITNESS WHEREOF, i have hereunto set my hand and caused the Seal of the City of National City be affixed this 12'h day of May, 1998. GEORGE H. WATERS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 12, 1998 z AGENDA ITEM NO ITEM TITLE PUBLIC HEARING - AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING REGULATIONS REGARDING PARKING REQUIREMENTS IN THE COMMERCIAL SHOPPING CENTER (CSC) ZONE. APPLICANT: WESTFIELD CORPORATION CASE FILE NO.: / A-1997-3, SEE ALSO PD-1997-4, IS-1997-5. PREPARED BY Harold Phelps . DEPARTMENT Planning EXPLANATION. On April 20, 1998, the Planning Commission held a public hearing and recommended adoption of the proposed amendment, and approved a related Planned Development permit to add 159,500 sq. ft. of gross leasable area to Plaza Bonita Shopping Center. The Notice of Decision further describes the Planned Development permit, included as a separate item in this agenda. The Code amendment will only affect the Commercial Shopping Center (CSC) zone. Plaza Bonita is the only area within a CSC zone. The proposed shopping center expansion requires this amendment. The current parking requirement is 5 spaces per 1,000 sq. ft. of gross floor area. The applicant proposes a new standard of 4.5 parking spaces per 1,000 sq. ft. of gross leasable floor area for the CSC zone. The change is consistent with updated information on mall requirements published by the Institute of Transportation Engineers. This hearing may be continued if the Planned Development is appealed or set for hearing. Environmental Review N/A Financial Statement N/A A Negative Declaration (IS-1997-5) was adopted. Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD/COMMISSION RECOMMENDATION The Planning Commission recommended approval. Vote: Ayes - unanimous ATTACHMENTS (Listed Below) 1. Proposed Amendment 2. Recommended Findings for Approval 3. Initial Study Resolution No. DRAFT AMENDMENT Note: Additions are in bold. 18.58.290 Schedule of parking requirements -- Business and commercial uses. The following is the schedule of off-street parking requirements for business and commercial uses: Structures and Uses Automobile, truck, boat, camper vehicle, or similar vehicle sales, or rental establishment located in the commercial zone Automobile and truck repair service establishments Restaurants, nightclubs, cocktail lounges, bars, and similar establishments for the sale and consumption of food or beverages on the premises Eating places, take-out and drive-thru Goods and services (Use Groups 17, 18 and 19) located in individual buildings with a single use Video tape rental and sale: laundromat (self-service); barber and beauty shops Existing commercial shopping centers with multiple uses Off -Street Parking Required 1 space for each 2 employees of the shift of maximum employment, plus 1 space for each vehicle used in conjunction with the use 1 space for every 800 square feet, or fraction thereof, of gross floor area, plus 1 space for any amount of vehicles used in conjunction with the business 1 space for each 5 fixed seats, plus 1 space for every 35 square feet of area available for assembly where there are no fixed seats, plus 1 space for each 2 employees on the largest shift. In no event shall less than 10 parking spaces be provided for such uses 1 stall for every 100 square feet of gross floor area, but in no event shall less than 10 parking spaces be provided for such uses 1 space for every 250 square feet of gross floor area 1 space for every 100 square feet of gross floor area Existing shopping centers shall be required to maintain the parking ratio which was applied during site plan approval New commercial shopping centers with multiple uses Shopping centers in the CSC zone (existing or new construction) Wholesaling and distribution Warehousing and storage Heavy equipment and machinery (Use Group 20) 1 space for every 200 square feet of gross floor area 4.5 spaces for every 1,000 square feet of gross leasable floor area 4 spaces, plus 1 space for every 1,000 square feet of gross floor area or fraction thereof over 4,000 square feet 1 space, plus 1 space for each 2 employees 1 space for each 2 employees of the shift of maximum employment, or 1 space for every 1,000 square feet of enclosed or covered area, whichever is greater. (Ord. 2024 §4, 1992: Ord. 1993, 1987: Ord. 1892 §8, 1986; Ord. 1712 §40, 1980; Ord. 1503 § 1(part), 1976: NCLUC §975-12.15:06). City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project Plans and Environmental Assessment Form received on: June 4. 1997 Revised Plans and Additional Environmental Information received on: August 5, 1997, September 2. 1997, September 15, 1997, November 26, 1997, January 22, 1998, and February 11,1998. Case File: [S-1997-5 Reference Files: PD- 1997-4. A-I997-,' Environmental Assessment Form determined complete by: Harold Phelps Date: February 13, 1998 Initial Study completed by: Harold Phelps Date: February 16, 1998 Address of Project: 3030 Plaza Bonita Road. intersection of Sweetwater Road. I-805. and SR-54. Project Description: The proposed development will increase the building area of Plaza Bonita approximately 20 percent by adding a I6-theater cinema. retail space and restaurants. Anticipated retail uses include a supermarket and a garden center. New construction would occur within developed parking areas. Additional parking would be provided by restriping. The Code amendment would require 4.5 parking spaces per 1,000 sq. ft. of gross leasable area for the shopping center and its expansion. The existing Code standard, which does not account for large unlcasable areas within malls, calls for I parking space per 200 sq. ft. of floor area for new shopping center construction. Environmental Setting: Plaza Bonita is located between San Diego's Paradise Hills. unincorporated Bonita/Lincoln Acres. and Chula Vista. Plaza Bonita is a self-contained shopping center/indoor mall. surrounded by landscaped parking areas. It is adjacent to Interstate 805 and State Route 54 freeways. residential areas, horse and hike trails, and the Sweetwater River flood channel and riparian area. Conclusion: 1) X A Negative Declaration is proposed. since: X (a) There is no substantial evidence that the project may have a significant effect on the environment: or. (b) The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur: or. An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making bedv consider the proposed Negative Declaration to,eth er vwith any comments received during the public re' iew process and finds that on the basis of die Initial Study and any comments received dint there is no substantial evidence that the project vv ill hay e a si“nilicant effect on the environment. cieei Paper RECOMME1NDED FINDINGS FOR APPROVAL OF CODE AMENDMENT: 1. That the City Council has considered Negative Declaration No. IS-1997-5, approved by the Planning Commission on April 20, 1998, and certifies that the Negative Declaration has been approved pursuant to the requirements of the California Environmental Quality Act, and that the Initial Study and Negative Declaration adequately address the effects of the project as approved, and that no significant environmental impacts will result from the proposed project. 2. That the Code amendment to change the parking standards for commercial shopping centers to 4.5 parking spaces per 1,000 sq. ft. of gross leasable area is consistent with data from other shopping centers and current industry standards used for calculating parking demand at shopping centers based on the square footage of gross leasable area. 3. That the Code amendment is consistent with the General Plan, since the General Plan contains policies which encourage adoption and review of appropriate regulations and procedures, such as revised parking standards for commercial shopping centers. The amendment would only affect the Commercial Shopping Center (CSC) zone, which currently only includes the Plaza Bonita shopping center. Plaza Bonita Expansion Initial Study, 1S-1997-5 Pase ANALYSIS: There is no substantial evidence that the project will have a significant impact on the environment based on the following discussion of potential. non -significant impacts: CHANGE IN USE: There is no change from the previously permitted commercial shopping center use on the site, only an increase in intensity of use, by adding approximately 20 percent more building area. The project involves only the development of adjacent areas that are already paved for the existing use (parking lots), and is consistent with the General Plan/Zoning Map designation of Commercial Shopping Center. Planned Development (CSC-PD). INCREASED FLOODING: The proposed construction will not result in any substantial increase in storm water runoff from that which is already experienced in the area. There will be no change in impervious areas, and construction will occur only on paved areas. On and off -site improvements or changes to the existing storm water system will be provided as needed where new buildings/parking paving will impact the existing system, as recommended by Engineering. GEOLOGIC HAZARDS: The seismic activity typical of the Southern California region may affect the site. There is the Sweetwater Fault, currently judged inactive, which runs through the far east portion of the City, and the La Nacion Fault, judged potentially active, which is less than a mile east of the City limits. These geologic hazards are not significant to the site, and Uniform Building Code standards for construction will address these concerns. AIR QUALITY: There will be insignificant effects associated with the construction work required for the expansion. The traffic to and from the site will increase with the expansion. but the increase in auto emissions due to expanded commercial uses will not be significant. No comments from have been received concerning any significant impacts to air quality as a result of the proposed expansion. If the Code amendment is approved, only 49 new parking spaces will be added, since the existing parking is considered underutilized, and the number of spaces currently available is anticipated to meet the expected need. Should full capacity of surface parking be made, public transit or carpooling are available to the mall without the addition of parking areas or parking structures under separate permits. These modes of travel are typically encouraged to reduce potential air pollution emissions. ALTERATION OF VIEWS: The site is developed with a shopping center where the average height of the buildings is 40 ft. The addition of an 80 ft. high expansion area where the theaters will be located may alter the existing views. The approximate height of the street where residents live to the east of the mall is 50 ft. The mall expansion may reduce the views west beyond the mall for a few residents. However. the proposed rooftop enclosures for the mechanical equipment will improve the existing views of the mall. VARIANCE FROM EXISTING ENVIRONMENTAL STANDARDS (AIR, WATER, NOISE): The air quality effect will not be significant_ as discussed earlier. The increased use of water for landscaping. commercial use consumption. and to meet fire flow demand will he adequately Plaza Bonita Exransion nitial StuUV. IS-i997-5 Passe addressed in conditions of approval provided by the Engineering Department and the Sweetwater Authority. Building Codes will also require water conservation fixtures be installed. The effect of additional noise generated by the expansion due to increased patronage and traffic circulation has been assessed and determined not significant. Request for a noise assessment was made by the National City Planning Department in written correspondence between 7/3/97 and 10/15/97. As a result, a noise assessment was provided in a letter from RECON (Regional Environmental Consultants), dated 10/24/97. In that letter. it was determined that approximately 60 dBA level of noise exists in surrounding neighborhoods. due to nearby highways. The expansion of the mall increases noise by less than one (1) dBA. This accompanying noise is considered to be insignificant. The RECON letter of 10/24/97 also stated that the reduced parking on the eastside of the mall, where theaters will be located, will limit the effects of noise by bisecting the parking areas, which would block or reduce some of the parking lot noise near the homes on Putter Drive. Also. as a result of the mall expansion, there will be less parking in the area adjacent to the homes. Based on the traffic study by Kimley-Horn, the current mall traffic is at approximately 32.752 ADT, and the projected total mall traffic with the expansion would be approximately 39.156 ADT. The addition of approximately 6,404 ADT would result in an audible increase in noise of about 0.8 dBA. The letter from RECON of 10/24/98 states that a change of less than 3.0 dBA is not perceptible. In addition, although individual events are audible, they are not apparent during measurements during regular mall hours of operation. therefore. even though hilltop residents can expect to notice heavier periods of traffic, these periods will not result in violations of City standards. Increased noise will also occur when construction takes place. The noise from construction events will be short term but high. Conditions of approval should consider the hours of construction activity. A Noise Technical Report was also provided by RECON. dated 2/ 1 1/98. This report provides actual measurements of noise from the top of Putter Drive. at approximately 400 ft. and in direct line of sight to the mall. The readings were taken on weekdays in the afternoon during peak mail activity and in the morning when the mall was less active. The findings reveal that ambient noise levels are approximately 62.5 decibels when the mall is active and 60.5 decibels when there is little activity. The measured noise levels demonstrate a relatively constant noise environment. RECON also found that this noise level is higher :han anticipated noise from truck deliveries to the proposed supermarket. As a result. no violations of the noise ordinance is anticipated. According to the 2:11/98 report. reduction of noise will de^end on three elements: is the configuration of each home relative to the noise source. L21 the intervening structures 'be:'.veen the source and the receiver. and (3) the actual construction of the home. Several measures are recommended to further reduce expected non-signiticant noise effects from the project: P;aza Bonita F.\pansIon fn:t;ai Study. IS- I9Q -5 Pa__ 4 For the delivery site. post signs stating "no idling after 10:00 p.m. for trucks while unloading (excludes refrigeration units). If trucks are required to queue for access to the loading dock. queuing should be established on the west side of the mall between 10:00 p.m. and 7:00 a.m. When HVAC (and other mechanical) equipment has been identified, the product -specific acoustical infoilitation will used to calculate the effects of potential noise exposure. If the predicted noise levels are high. additional barriers and noise enclosures should be utilized to insure there are no adverse noise effects to area residents. In addition, roof -top mechanical equipment will be housed in enclosures which will shielded from view by neighboring residents. These exhaust and intake fans should also be oriented away from the residents on the hill, and the enclosures should be placed behind barriers, such as parapet walls. The 2/11/98 report concludes that there is the remote possibility that immediate neighbors might be annoyed by individual noise events. It is the recommendation of the consultant that additional attenuation measures include, to the extent possible, construction of noise barriers at the top of the slope so as to interrupt the line -of -sight noise path from the noise source to the receiver. Also, there is the possibility to utilize retrofitting measures on the homes. Such measures may include improved walls and glazing of fenestrations, when exterior noise levels cannot be limited with construction of a barrier. ALTERATIONS TO TRAFFIC PATTERNS: There will be an increase in traffic and an alteration to traffic patterns because of the additional commercial uses proposed by the project, the subsequent demand for parking, and the redesign of Ring Road. These impacts will be less than significant, according to a traffic impact analysis prepared by Kimley-Horn and Associates, dated 7/31/97. The traffic study concludes that the increase in traffic is nominal. or insignificant. The study analyzes traffic -related impacts on all surrounding roadways and intersections by considering the following three conditions: 1. The existing traffic conditions with the mall expansion results in roadways at Level of Service (LOS) B or better, and intersections at LOS D or better, which is acceptable. 2 The traffic conditions for General Plan buildout without the mall expansion results in roadways at LOS B or better, and intersections at LOS D or better. except at the intersection of Sweetwater Road and Plaza Bonita Center Way for p.m. peak period traffic, and the intersection of Bonita Road and I-805 southbound for p.m. peak period traffic. This congestion is not caused by project expansion traffic. but project -related volumes will add incrementally to this congestion. In addition, transportation improvements to alleviate congestion at these locations are not the responsibility of the project. 3. The traffic conditions for both the General Plan buildout and the mall expansion results in roadways at LOS B or better. and intersections at LOS D or better. except at the intersection of Sweetwater Road and Plaza Bonita Center Wray for p.m. peak period traffic. and the intersection of Bonita Road and I-80. southbound for p.m. peak period traffic. This PIazz Bogy[F>_pansion Study. congestion is not caused by project traffic. although project -related volumes will add incrementally to this congestion. In addition. regional transportation improvements to alleviate congestion at these locations are not the responsibility of the project. The traffic study also addresses the increase in traffic and traffic -related impacts at four of the five access points to the mall (the fifth is the intersection of Sweetwater Road and Ring Road, which was analyzed and considered acceptable in the above roadway/intersection evaluation). All four access driveways along Plaza Bonita Road were evaluated using criteria for General Plan buildout with the mall expansion conditions. The traffic impacts for driveways 1 - 3 were found to be acceptable at LOS D or better for p.m. peak period traffic, and therefore the impacts of the project at these site access points is considered nominal, or insignificant. For driveway 4, the traffic impacts were found to be unacceptable at LOS F for p.m. peak period traffic, due to heavy volume through the mall, and traffic accumulation arriving at this most southerly driveway for southbound left -turning vehicles going towards I-805. As a result. the sienalization of driveway 4 would be appropriate, since it will become a major project ingress and egress location. It is the recommendation of the consultant (Kimley-Hom) that the signal for driveway 4 be installed at the time that General Plan buildout occurs after the completion of the mall expansion, or at the discretion of shopping center owner at such time as traffic condition warrants. However, it is the recommendation of the City Engineering Department that the signal be installed concurrently with the mall expansion as a condition of approval. There were comments received from interested or affected agencies in response to traffic study prepared by Kimiev-Horn. They were received from Chula Vista. San Diego. and CALTRANS. The City of Chula Vista. in phone conversation dated 10/20/97, commented that Traffic Study should have considered using the San Diego Association of Governments (SANDAG) estimated trip generation rate, or average daily trips (ADT) for regional shopping centers, which is estimated to generate approximately 50 ADT, as opposed to the estimated generation of 40 ADT, which is used for super regional shopping centers. Upon further evaluation, it was discovered that the SANDAG estimates for 50 ADT per 1000 sq. ft. of GLA is for regional shopping centers that are 30 to 60 acres, with usually two or more major anchor stores. The SANDAG estimate for 40 ADT per 1000 sq. ft. of GLA is for super regional shopping centers that are more than 60 acres, with usually three or more major anchor stores. At approximately TO acres, and with four anchor stores (Robinsons/May. Montgomery Wards/Focus. JC?ennevs. and iGervyns). Plaza Bonita fits the description of a super regional shopping_ center. The City of San Die<eo. in letter dated 10/21/97, commented the follow:::_: The traffic impacts to Reo Drive and Tonawanda Drive should also be analyzed since five percent of traffic generated 'oy the mall expansion will use this street in the City of San Diego. There were also concerns raised as to why the parking was not evaluated in the traffic sra _ since the expansion will 1 mated g Il pondered be 1���-_.. on esistm� parkin_ lots. It was also as to the Code Plaza Bonita Expansion Initial Study, IS- 199; Paee 6 amendment would be reasonable to revise parking requirement to 4.5 spaces per 1000 sq. ft. of gross leasable area. Kimley-Horn and Associates. in letter dated 11/21/97, responded with the following: The intersection of Reo Drive and Tonawanda Drive was not evaluated because the mall expansion will add less than I0 ADT peak hour directional trips, therefore impacts at this intersection will he negligible. Typically, an intersection receiving less than 50 ADT peak hour directional trips is not included in a traffic impact analysis. The response to questions regarding the Code amendment for parking requirements are addressed under the next section of this analysis, which covers discussion related to variations from existing codes and ordinances. CALTRANS, in letter dated 9/29/97, commented the following: The traffic impacts to the interchange of State Route 54 and Reo Drive, for the east and west bound ramps, need to be mitigated by the City collecting a fair share impact fee for the future widening of the eastbound off -ramp to create an exclusive right -turn lane. As a matter of policy, the intersections at State highways that have their level of service (LOS) reduced to an unsatisfactory must be improved by the project to an acceptable LOS. Also, all State highway intersections should have an Intersection Lane Volume (ILV) analysis, along with a 20-year traffic forecast. Kimley-Horn and Associates, in letter dated 11/21/97, responded with the following: The interchange of State Route 54 and Reo Drive was not evaluated because the project would contribute less than 50 ADT peak hour directional trips. The traffic study reveals that the mall expansion only adds 13 ADT a. m. peak hour directional trips and 43 ADT p.m. peak hour directional trips, therefore impacts at this intersection is negligible. If an improvement project for the interchange of State Route 54 and Reo Drive is imminent, the mall should only be responsible for the modifications on a proportional share basis, and the mall expansion will only contribute a relatively minor addition of traffic to CALTRANS facilities. As for an ILV analysis, all traffic impacts were adequately identified using Highway Capacity Manual evaluation techniques. In addition, the traffic study used traffic volumes from National City's General Plan buildout traffic model (conducted by SANDAG). The potential buildout traffic model typically represents a 20-year or greater horizon. VARIATION FROM EXISTING CODES AND ORDINANCES (PARKING): The applicant is requesting a Code amendment which proposes to change the parking requirements in the Commercial Shopping Center (CSC) zone to 4.5 spaces per 1000 sq. ft. of gross leasable area (GLA). The National City Planning Department in written correspondence between 7'3,97 and 10/15i97, as well as the City of San Diego. in letter dated 10/21:97. requested an evaluation and support documentation to substantiate a Code amendment to change the parkin, requirements for commercial shopping centers. Kimley-Horn and Associates. in letter dated I i 6 97_ responded with: the following: A parking evaluation can be made using the Institute or Transportation Engineers Parking Generators ;C_199 Page Report. and Edition. 1987. This report provides formulas for calculating demand based on gross leasable area (GLA) square footage. This formula is typically used to Bete--- one parking rates for shopping centers. The formula is represented by the Napierian or natural logarithm symbol (Ln). Ln (P) = 1.173 Ln (X) + 0.064 for weekday demand for parking spaces. and La ,P = 1.161 Ln (X) - 0.365 for Saturday (or weekend) demand for parking spaces. where P = estimated parking demand. and X = gross leasable square footage. The gross leasable area used in the evaluation by Kimley-Horn was for 9-8.937 sc. ft.. but the actual gross leasable area being proposed in conjunction with this permit is for 978.239 sq. ft. Based on use of the formulas, the weekday demand for parking would require 3.435 spaces. On a Saturday (or weekend) the demand for parking would require 4,100 spaces. Therefore based on these calculations, there would be a surplus of parking spaces available at Plaza Bonita even with the mall expansion. The total number of parking spaces to be available after the mail expansion will be 4,404 spaces. This would mean there would be 969 surplus parking spaces on the weekdays, and 304 surplus parking spaces on the weekends or a 7.6 percent surplus during the critical Saturday timeframe. The 11/6/97 letter from Kimley-Hom and Associates goes on to state that since theaters will be most heavily used during evenings there will be an additional surplus of parking spaces during the day. The letter cites as an example Mission Valley Center (MVC) in San Diego. it is noted that this mall was most recently using its excess parking during the busiest shopping season for Christmas tree sales. This was just after MVC expanded to add a 20-screen theater coarpiex. an additional food court, and the conversion of a major anchor department store to a discount store. Despite the expansion there was still a 5 to 7 percent parking vacancy rate on the busies: days of the year, based on mall managers visual inspections. The Mission Valley Center has an average of 2.7 million theater patrons each year, and is among top five grossing theaters in the country. All of the activity has taken place within a parking area that provides a ratio of 4_2= parking spaces per 1000 sq. ft. of gross leasable area. Nevertheless, for the Plaza Bonita mall expansion, the Code amendment proposal is for 4.5 parking spaces per 1000 sq. ft. of gross leasable area. A total of 4,402 parking spaces will be required for the 978.239 sq. ft. of gross leasable area proposed. There currently exists 4,355 spaces, but 315 spaces will be lost in the expansion. An additional 364 spaces will be created, primarily by restriping for compact spaces. Specifically. of the new 364 parking spaces. 155 will be created by restriping existia: parking areas for compact parking spaces. Another 16 regular parking spaces will be created where the maintenance faciiip. is being converted to a garden center. The other 193 parking scares will be created by eliminating the outer lane of Ring Road to allow for parallel par'.king. 35 of these parking spaces w ill be regular size spaces and 158 will be compact spaces. In sum, only 51 of the now 364 parking spaces will be regular spaces. The total addi-ca of 313 compact parkin: saaceS will bring the total number of compact parking spaces co to 1_ 01 spaces. or percent of the total parking. which is the maximum allowed. Plaza Bonita Expansion Initial Study. IS-1997-5 Page S Reconfiguration of Ring Road from four travel lanes with no parking to three travel lanes with a center turn lane and parking on the outer lane will require careful planning. The 11/6/97 letter from Kimley-Horn and Associates states that the reconfiguration of Ring Road is expected to have similar capacity as a four lane roadway without left turn lanes. based on the assumption used by the City of San Diego for the conversion of four lane roadways with identical capacity. The 11/6/97 letter from Kimley-Horn and Associates also provides some methods for the Ring Road reconfiguration to function smoothly as a circulation roadway and accommodate additional parking as follows: 1. Signs should be erected along Ring Road to restrict the parking spaces to employee use only; 2. Ring Road parking spaces shall be marked by paint to be a minimum 8 ft. wide and 25 ft. in length (current proposal appears to be for 9 ft. width, and 20 ft. length for regular spaces, 16 ft. length for compact spaces); 3. The 8 ft. wide parking lane shall be accompanied by a 12 ft. wide travel lane, and a 10 ft. wide center turn lane (current proposal appears to be a 44 ft. wide right-of-way existing reduced to a 33 ft. wide Ring Road after proposed parking spaces are included); 4. No parking spaces on Ring Road will be proposed near any intersections or other interior mall roadways, or any mall entrance roadways. As a result of these suggestions. approval of the Code amendment will based on the condition that all of the parking space dimensions. distances from intersections, and turning radii at all intersections be reviewed and/or revised as necessary based on current Code requirements for parking spaces and as deteuuined the City's Engineering Department, to ensure the following: (a) adequate safety signage and striping is implemented to promote smooth traffic flow. (2) the safety for users (employees) of parallel parking spaces to enter and exit the spaces, and (3) that turning maneuvers can be accomplished without adversely affecting the flow and direction of travel in each lane. OVERCROWDING OR LACK OF PRIVACY FOR ADJOINING DEVELOPMENTS: There will be insignificant impacts regarding overcrowding, since optimal use of theaters is controlled by the number of seats in each theater. Also, the mall is rarely full at any one time unless there was a special event. which would require additional permits. The mall expansion will have negligible impact on privacy, since the proposed east side expansion will occur within existing parking areas. at a lower elevation than nearby homes. There is already a visual buffer of landscaping and trees between the homes and the mall. which will remain. REDUCTION OF SOLAR ACCESS OR OPPORTUNITIES FOR PASSIVE HEATING AND COOLING ON THE SITE OR NEARBY PROPERTIES: There will be minimal impact to solar access or opportunities for passive heating and cooling on the east side of the mall where the expansion is proposed. Outside the mall. the expansion will have no impact on any of the surrounding properties reception of solar access or opportunities for passive heating and cooling. The tallest portion of the mall will be the new theaters in the expansion area. which will still be well below the properties located above on the Putter Drive hillside. Plaza 3on,:a:pan_:or. n;nai Stud.. ;S- 1 99--_ p.. 9 Inside the mall, the expansion will continue the enclosed mall environment concept. which minimizes the notion of optimizing solar access. and would not be possible for the theater expansion area. Except for some skylights in the common mall areas. the opportunities for passive heating and cooling are limited. INCREASED LIGHT AND GLARE: No substantial change in light and Tulare is anticipated. There are existing lights which adequately illuminate the parking lot areas. Additional street lighting was contemplated for Plaza Bonita Road. but it is not required, since it was determined by the Public Works Department that the existing lighting in the parking lot areas adequately light the mall entrances and the streets. Some increased light and glare is typically associated with new building. However, in this case, any increase would be reduced by removal of existing paved areas. PUBLIC FACILITIES AND SERVICES: Requirements of public service agencies and utilities will be addressed through the established permit process and conditions of approval. The project is located within a developed area, and there will be no need for new facilities or services. No significant effect on existing public facilities or services is anticipated. DEMOLITION OF EXISTING IMPROVEMENTS: The project involves the removal of 3 i parking spaces on the east side of the mall and some remodeling of the exterior entrance to :he east side of the mall to install the theaters and the large retail or supermarket building. There will also be minor alterations and remodeling to interior spaces, such the existing six theaters. The. entrance to the west side of the mall will be remodeled to allow for the development of a restaurant or retail space. The structural shell of the main mall structure will remain essentially the same. BIOLOGICAL AND WILDLIFE HABITAT: The site is in a fully developed. urbanized location, and contains no native vegetation. The project will not have any potential adverse individual or cumulative effects on wildlife resources as defined in Section 711.2 of the Fish and Game Code. A De Minimis Impact Finding shall be made and a Certificate of fee exemption shall be provided for the California Department of Fish and Game and filed with the County Clerk. THE CITY OF NATIONAL CITY, CALIFORNIA ENVI}}ONMEN:AL ASSESSMENT FORK NOTICE The information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. (PLEASE FFIN7 --=) ^�'p? op p-- Fa _?_:, Planned Development Permit Ame-ad-.ent 5/7/97 F77MTT ApF:= Westfield Design & Construction __ (210)445-2455 NA!•":= A; D ADD..=:3 OF _= ,MI- ..7:'F7IcA;:_ Westfield Design & Construction 11601 Wilshire Blvd. 12th Floor, Los Angeles, CA 90025 NAME AND ADDRESS OF THE PRO. ="TY 0WN== Ce a Delaware Corporation, 11601 Wilshire Blvd, 12 Floor, L.A.,C NAME AND ADDRESS OF THE PERSON WHO PREPARED THE PLAN David Hokanson Westfield Design & Construction (address as per above) DATE OF PREPARATION May 7 , 1997 LEGAL DESCRIPTION OF THE JOE SITE See attached legal description I_= -DDR1::SS 3030 .JC. ,7 „- I Bonita Plaza Rd., National City, CA 91950 ITc Retail Commercial & Theater(if different) 160.000 SF of Expansion Floor Area continued) a. Background information :e _ brief des__ tor of the proposed project. _..clude ----• this discussion the Principal engineering _opcsals. Please refer to the attached Project Summary. 2. Describe the environmental setting, including distinguishing natural and man-made naracteristics. The discuss_.n should be .,, the site without (before) the project and include the imme- diate areas surrounding the site. The The Plaza Bonita Shopping Center Site is fully developed 70.40 acre site with no environmentally sensitive areas. The Site Characteristics are typical of a regional shopping center of this type, with designated landscape setbacks, parking lot planters and trees and bermed Landscaped planters adjacent the majority of the retail structures. The Expansion Plan will promote concepts consistent with this existing criteria. 41 (ii SI U L o U fit 4-i H U) l i UI U itS 'ri (1) 1 41 (' 4' n (1) (ii { C� .-I O ri1 S-i 1J U Q) 1 J 11 (1 O O rJ Si J: . 10 L. U) U a) U] UI U7 U UI a) U U r 0 11 r, (u Ir N O) (1 , ▪ 1 - �i U) I .- (ii J 1 ki N r-1 (,1• O 1i UI C 4 . f-i al � � I 11 "! (1) 1 Si U C' 1, :) O O iJ O )' 4 ' F-1 �) y L U — 0 I.`II-1 If/ n) ci, 'i 11 U) U) r U "] -r1 f1 U H t) I 0 4 . ,c) p ,1 r- �I) l () 11 u C: 4- 4, ') 7 O V 1 l -) () J > 'li• ,1' W 'a. I_i U J IU '-I IJ U •" r-I 1-1 1•-1 I• IJ H L Ua :> 1 a) I ' N n n a) (I) 11 l I-s (I) 11 co ' I 1 1J u t1Ioa)(LI)4; I1�ii1I I� -C .ISOrq_1(1) uO 'U i r J r:i1 r:rG ,laaO'iQ�' j. 4. 17, aU a) IFS U -r ,L : U u:>VI U-r1 • ` ;11 U ,-i 0 �I 0 0 .,--1 J Cr u `r a) rFj m I-1 11 C' 4-1 1(1 4,1 J'U O IJ 0 (J 4- • U � 'I dL. rJ 0 -0 (a 0 CI .-I n q ,--.I1; d) 'I-! a) U Si o ,t. r1 -ri t ul i :' ill .,), IJ '.1) 1J ' !-i Sl) r1''Tl a)a) 0 ) 0 .r-1 41 r) IJ () u C: 4-) a) 14 �I .ri I -I 1-t "!) -L • O O 3 i-) >i U) _'TIS. . I'5_55: — E7. — .`'^T (continued) EICI:IF E.'7 ..C.,,�,� 1 7 :ts_ � �r c If you hrve answerer yes to one or acre of the c,uestions in Section i, but sLll thin: be r,rc;]ect will have no si ynif i cr;cit environmental effects, irr::lcete your reasons below. T _c IS VS= L'. RTANT. Attach aoCiticnal uac,es, if n ecessaJ ,.. The City Parking Ordinance relative to this zone designation will need to be amended from a five parking stalls per 1,000 SF of Floor area to four and one half parking stalls per 1,000 Sf of Floor Area based upon the successful completion and acceptance of a shared parking analysis by Developer. Fr. -AL D'_TA 1. If there are any, Army Corps of L'n5ineers or other Governmental k,ency public notices or permit numbers applicable tc this project, cite theca: and ,ive dates. No. =stiff .ate the ac.cunt of rain in cubic yards. 10,000 cubic yards of material to be cut and filled with no import or export. 'Fh_at are the ma;:m heichts of i:ian-made slopes, etc. ten (10) feet maximum in the parking lot on the southerly border of the shopping center site. E. C5.r_- _C"SIC pate DLte ac'..r..o'wle'c.ey, that the above_ rnviron:renzal ssesslienL Statement i true an accurate to the best of r.'y kncwl edc e. May -. 1997 abnve INITIAL STUDY (continued) 3. ASSF.SS..:;T OF C.,:IRON ENTAL Answer the following questions by placing a check in the appropriate space Column A. Specific Questions 1. Does the project significantly change the present use of the project area? (The project area includes the im- mediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conser- vation of any natural or scenic re- sources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 3. Does the project alter or change ex- isting features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to in- crease flooding? 8. Will the project increase the possi- bility of erosion or edlnentatior.? 9. Does the pro:eet involve any geologi- cal hazards? 10. Will thep r Vie`' increase ' the �SS - built: oL earth slipcase? 11. 'will the 7rc:ect contribute advers- Column A Yes Maybe No L/ Column B Staff Analysis Yes Maybe No INITIAL. STUDY (continued) AsSESsMENT OF ENVIRONMENTAL IMPACT (continued) Column A 12. Will the project affect the use of existing or proposed recreational areas? 13. Will the project affect areas of his- toric, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the under- standing and enjoyment of the site itself.) 14. Will the project accelerate the dev- elopment of adjoining non -urban areas? (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) 15. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples in- clude, but are not Limited to: Lu. Changes in traffic patterns Effects on access within the com- munity to commercial establish- ments, schools, parks, etc. Introduction of activities not presently found within the co _p:unit_ .) �s the land use proposed by the pro- jec_ in opposition to :he City's ex- istin.g ,I3nS, programs, and policies? Yes Maybe No Column B Staff Analysis Yes Maybe No INITIAL STUDY (continued) B. ASSDSSYONT Or _.: -IRON E: —-. D. ���„ �- =- - CT (continued) Column A 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? 21. Will the project significantly change the average population density of the community? Yes Maybe No 22. Will the project alter the lifestyle of the community? 23. Will the project result in overcrowding, a lack of privacy for adjoining develop— ment within the community? 24. Will the project alter or eliminate views? 23. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro —climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the p:-ojec_ affect exi sting -:g transportation systems? L/ 29. Will the project affect the existing utility networks? 30. Will the project affect the existing com:.unit, facilities or city services? 31. Does foe pr je__ involve the deco±_,. on or rerovai of e::j_sting improv-emen-s Column B Staff Analysis Yes Maybe No IiITIAL STUD. (continued) B. ASSESS`=::: OF ENVIRONMENTAL I:•ITACT (continued) Column A 32. Does the project alter or improve the employment base of the community? Yes Maybe No 33. Could the project significantly affect the potential use, extraction, or conser- vation of a scarce natural resource? (Ex- amples include, but are not limited to: Developments which effectively pre- clude the extraction of the region's rock, sand, gravel, or other mineral resources. Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the subtly or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade fea- tures in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguish- ing characteristics not found in other areas, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or conveniences.) Column B Staff Analysis Yes Maybe No PLAZA BONITA SHOPPING CENTER LEGAL DESCRIPTION The land referred to in this description is situated in the County of San Diego, State of California. Lot 7 of Plaza Bonita Shopping Center, in the City of National City, County of San Dieao, State of California, according to Map thereof No. 10337 Filed in the Office of the County Recorder of San Diego County, February 24, 1982. City of National City, California COUNCIL AGENDA STATEMENT 2 MEETING DATE MAY 12, 1998 AGENDA ITEM NO ITEM TITLE WARRANT REGISTER #43 PREPARED BY Adella M. Salazar EXPLANATION. Ratification of Warrant Register #43 per Government Section Code 37208. DEPARTMENT vironmental Review Financial Statement N/A N/A Account No TAFF RECOMMENDATION I recommend ratifi ti f these w rrants for a total of $252,433.80 % BOARD/ COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 1. Warrant Register #43 2. Worker's Comp Warrant Register dated 05/05/98 .+-aco (RP.- deco. City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 TO: THE MAYOR AND CITY COUNCILMEMBERS FROM: MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 43 GENERAL FUND TECHNOLOGY FUND GENERAL CAPITAL OUTLA LIBRARY FUND PARKS MAINTENANCE FUN GRANT -CA LITERACY CAM RETIREMENT FUND GAS TAXES FUND P.C.S.'T. FUND LOWER SWEETWATER FUND SEWER SERVICE FUND GRANT -JUDGE PROGRAM STATE PUBLIC LIBRARY REGISTER TOTALS PAYROLL TOTAL 132,734.62 2,859.21 700.00 1,619.55 2,786.12 160.65 4,105.41 32.52 4,671.00 1,162.77 1,639.51 424.77 13.97 GRANT -NC SUPPR. OF DR GRANT -LITERACY INITIA LIBRARY SCHOOL DISTRI COPS GRANT PART II LIBRARY COMPUTER CENT GRANT-C.D.B.G. CDC PAYMENTS TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SERVICES MOTOR VEHICLE SVC FUN TRUST & AGENCY 352.35 15.43 5.63 1,364.53 204.55 1,570.04 773.88 51,075.53 6,008.80 2,724.83 5,600.84 7,864.73 1,819.66 672.34 232,963.24 0.00 232,963.24 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 148896 THROUGH 149003 INCLUSIVE ECEPTING NONE 104097 THROUGH 104113 INCLUSIVE ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN THE PROPER FUNDS TO PAY SAID DEMANDS. MAPI L. MACI N CFINANCE D1!�`'_'TCR City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 12, 1998 3 AGENDA ITEM NO % ITEM TITLE CLAIM FOR DAMAGES: Anchor Hocking PREPARED BY Michael R. Dalla ,Ili DEPARTMENT City Clerk EXPLANATION. The claim of Anchor Hocking was filed with the City Clerk's Office on March 27, 1998. Environmental Review XX N/A Financial Statement N/A Account No STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No N/A A-200 lae., ,/=c1 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 12, 1998 4 AGENDA ITEM NO ITEM TITLE RESOLUTION: APPROVING THE DRAFT 1998-99 CONSOLIDATED PLAN ANNUAL PLAN, INCLUDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS PREPARED BY Paul Desrochers < V DEPARTMENT CDC EXPLANATION. See attached --Explanation." Environmental Review X N/A Financial Statement The City will receive $586.000 in HOME and $1.396,000 in CDBG funds from the Department of Housing and Urban Development for 1998-99. Account No STAFF RECOMMENDATION City Council approve the draft 1998-99 Consolidated Plan Annual Plan including proposed CDBG and HOME programs. budgets: and authorize CDC staff to submit the Annual Plan to Los Angles HUD Field Office for approval. BOARD/COMMISSION RECOMMENDATION CDBG and HOME recommendations from the Housing and Community Development Committee (HCDC) are listed in Attachments Nos. 1 and 2 of this report. ATTACHMENTS (Listed Below) Reccomendations from HCDC and CDC Staff (CDBG). 2. Reccomendations from HCDC and CDC Staff (HOME) 1998-99 Consolidated Plan Annual Plan (draft). 98-52 Resolution No 4. City CIP Committee Memorandum. Also. see NOTEBOOK. Consolidated Plan (previously distributed with all applications). COUNCIL AGENDA STATEMENT May 12, 1998 (Continued) EXPLANATION: On April 14 and 21, 1998, the City Council received public comment and testimony from several community organizations in regard to proposed capital projects and public service programs, as well as the draft 1998-99 Consolidated Plan Annual Plan (CPAP) document (See Attachment 3). Per HUD regulations, the City must hold a 30 day comment period for the public to review the 1998-99 CPAP and to make comments or suggest changes. This 30 day period started March 28, 1998 and ended April 28, 1998. All public comment received during the 30 day period has been included in today's final draft of the 1998-99 CPAP document. Both CDBG and HOME recommendations have been provided for Council consideration by the Housing & Community Development Committee and CDC staff (Attachment 1 and 2). Please see the following project descriptions and comments for the CDBG and HOME Programs: Community Development Block Grant (CDBG) Summary of Recommended Budget for 1998-99 Option #1 Option 42 Administration & Planning $ 85,000 $ 85,000 Public Services $ 209,400 $ 209,400 Community Projects $ 851,600 $ 651,600 City CIP $ 250,000 $ 450,000 Total S1,396,000 S1,396,000 Administration & Planning Staff is recommending $75,000 for the expenses related to the general coordination, supervision, management of the CDBG Program. A half-time accountant will be hired by the Finance Department utilizing a portion of these funds. This amount (S75,000) represents only 5% of entire CDBG grant. Per CDBG regulations. the City is allowed to utilize up to a maximum of 20% or $279,200 on Administration & Planning. Facilitation of a Fair Housing Program is required by HUD for all cities receiving CDBG funds. Staff is recommending that the City Council set -aside $10.000 for this purpose. Page 1 of 4 Public Services For the Public Services category of the budget, a total of S209,400 or 15% of the CDBG grant can be spent on public services. This year, staff is recommending that the entire 15% be allocated. Two options are provided for the Council's consideration. The Council may approve one of these two options or any combination thereof Staff Option #1 (See Attachment 1) funds the Police Department - Community Oriented Policing Program (original request) at S55,800, with the balance of the funds ($153,600) going to the various "City" programs, two community organization proposals and the "CDC" Nutrition Program. Staff Option #2 (See Attachment 1) funds the original COPS Program at $105,400 with the balance of the funds ($104,000) being allocated to various "City" programs and the "CDC" Nutrition Program. The Police Department recommends that any amount of funds allocated to the COPS Program be equally divided amongst the original and expansion police teams. It is important to be clear on the impact that Public Service programs could have on the City's General Fund or other funds. The following table shows the "City and CDC" programs that are currently requested for the next fiscal year. Current Tab # Program Request 3 Nutrition Program S 50,000 6 Graffiti (25%) $ 18.875 9 Swim Program S 21,000 10 Tiny Tots $ 18.000 11 COPS (original) S 126.793 12 COPS (expansion) $ 45,918 13 Literacy Program $ 80.000 TOTAL $ 360. 86 Less Avail. Funding ($209.400) Deficit $151,186 If the City Council chooses to fund the above City programs at these levels, then there will be a $151,186 deficit. Presumably, at budget time, making up the difference out of the City's General Fund or other source(s) would be considered. Even if we are able to make this S 151,186 difference up from some other funding source, this still does not address the fact that funding the City's programs at the above levels necessarily means that none of the other Public Service programs could be funded. Within Public Services there are simply not enough dollars to go around. Page 2 of 4 City CIP & Community Projects Under Option 41, Staff is recommending the funding of fifteen (15) Community and CIP Projects as listed in Attachment 1. Under this option, the "Q" Avenue Housing proposal would receive S300,000. Under Option 42, staff is recommending the funding of seventeen (17) projects as listed in Attachment 1. Under this option, the "Q" Avenue Housing proposal funds would go towards other projects such as the improvement of Civic Center Drive, Paradise Valley Road, re -roof of Catnacho Gym, and rehabilitation of the Camacho Gym. Administration Rehabilitation Construction Acquisition Rental Assistance TOTAL, HOME Investment Partnership Act (HOME) Recommended Budget for 1998-99 Option #1 $ 58,600 $502,400 $ 0 $ 0 $ 25.000 8586.000 Option #2 $ 58,600 $ 0 $202,400 $300,000 $ 25,000 $586.000 Explanation CDC Admin. "Q" Avenue New SF Construction First -Time Buyers Domestic Violence HOME funds are restricted to providing housing assistance for families with a total household income under 80% of the County median income. HOME funds can be used for Administration, Rehabilitation, New Construction, First -Time Homebuyers, and Rental Assistance. The City Council may approve any one of the two above options or any combination thereof. Option #1 allocates the vast majority of the funding to "Q" Avenue. Option 42 (more) mirrors the recommendations developed by the Housing and Community Development Committee with funding going to first-time homebuyers and single-family housing construction. Administration (CDC) For both staff options. $58,600 is being recommended for administration of the HOME program including general oversight, monitoring and management of the program_ HUD allows 10% of the grant amount to be utilized for this purpose. Community Housing Development Organization (CHDO) Under both options, a minimum of 15% of the HOME funds, or $87,900. must be used by a Community Housing Development Organization (CHDO) for affordable housing purposes. Paue 3 of 4 First -Time Homebuvers Under Option #1, this program is not recommended unless a back-up program is secured. Currently, Fannie Mae organization is investigating the possibility of an arrangement. Under Option #2, staff is recommending $300,000 be utilized for this purpose. These funds will be used in conjunction with CDC's Low to Moderate -Income Housing Fund. When homebuyers have income below 80% of County median, HOME funds can be used. Buyers with income between 80% and 120% of County median are assisted with Low/Mod funds. New Construction Under Option #1, this project is not recommended. Under Option #2, staff is recommending $202,400 be used to promote cost-effective, affordable single-family housing development on substandard or unproductive lots located throughout the city. Tenant -Based Rental Assistance The CDC Section 8 Program provides this type of assistance. Thus, no funds are recommended for this activity. Rehabilitation Under Option #1, staff is recommending $502,400 be allocated to "Q" Avenue Housing. The CDC Low and Moderate -Income Housing Fund and the Rehabilitation Revolving Fund provide ample funds for this program. Page 4 of 4 RESOLUTION NO. 98 — 52 RESOLUTION OF 1"HE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING i'HE DRAFT 1998-99 CONSOLIDATED PLAN ANNUAL PLAN INCLUDING DIE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS WHEREAS, the City of National City administers the allocation of CDBG and HOME funding for the Federal Government under the U.S. Department of Housing and Urban Development (HUD); and year; and WHEREAS, the City wishes to allocate program funds for the 1998-99 program WHEREAS, the City Council of the City of National City held a public hearing on the allocation of said funds on April 14 and April 21, 1998; and WHEREAS, the City has agreed to allocate these funds as shown on Exhibit "A" attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the CDBG and HOME funds as shown on the attached Exhibit "A" are approved and the Mayor is hereby authorized, on behalf of the City Council, to submit the 1998- 99 Consolidated Plan Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 12m day of May, 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: //1 George H. Eiser, III City Attorney George H. Waters, Mayor 1998-99 CDBG WORKSHEET i assaut 1AIllltl 1Al01ai/tlliina_i P Amens N/A CDC/City 15 Pair Noueing Council of SD total Administration I Planning i311ilia 1 CrlOtt 1 boys L Girls Club of NC 2 Council of Philippine Amar. Drys Comm. Devi Comalealon 1 Lutheran Social Service. S HAAC Project 1 N.C. Building L Safety Dept. 7 N.C. Chaster of Commerce I N.C. Critical Hrs. Collaborative I H.C. Parks 4 Recreation Dept. 10 N.C. Parks L Racreat/on Dept, 11 N.C. Police Department 12 N.C. Police Department 1) N.C. Public Library 14 SD Pillpino-Amer. Hum. Pndtn. 14.6 Comm. Food Bank of NC Total P bllo Ins -wines 07®Sn1LY Pzo41II11 1S Boys L Girl. Club of NC 16 Boys L Girls Club of NC 17 Bldg. L Safety Department II Bldg. L Safety Department 19 Coma. Day. Coaaiesion 20 CDC/parks L R•creation 21 CDC/Bngina•ring Dept. 22 Councilman Inrunra 11 N.C. Living history Farm Pressrun 24 N.C. Collaborative 25 Operation Saeahan, Inc. Total Community Irojents Clrr_CIt 24 Bnginssring 11 Engineering 26 englne•ring 21 Wngineering 30 Bnglneering 11 Bnginearing 12 Bnglneering 11 Bngin•ering 34 Bnglneering if Engineering 21 Bnglnearing 17 Bnglneering II Plre 11 Parks L Recreation 40 Public Works 11 Public Work. 11 Public Works 41 Parka L Recreation 41 Public Works tuts] City CI➢ QUID TOTAL 5/12/98 PIIQS11A21 CORO Administration Pair ❑ousing Program After -School Transportation Legal L Counseling Sorviceu N.C. Nutrition Proyram Caring Neighbor. Coma. Resource Coordinator Graffiti (251 of program) buulneae Center Aoueuamunt N.C, Critical Ilru. Program Swim Program Tiny Tots Haigh. Police (original) Neigh. Police (expanuion) Literacy Servlc•, Philippine Historical Library Food Transportation Front Beautification Project Dance Floor Piniohlng Project Graffiti (751 of program) lioueing Inripection Program 'Q' Avenue Henning Cana de Salud Park Bxpannion Ctr. Dr./NC blvd. Streetecap Higher Education Faculty Re -roofing of Stein Farm Pamlly Resource Center Clinic Building Bxpannion Pedestrian Ramps Htsc. Concrete Improvement, Misc. Storm Drain, 'L• Rvs. Curb, Gutter L Sidewalk St. Lights - Highland (Div. to 8t Haigh. Trafflo Calming Study Trait. Signal 122nd L NC Blvd) Allay Improvement. Pia/thing Beacon. (Nth L •B• Ave.) Paradie• Creak (Bait Ord) I mprvmsnt• to Paradius Valley NJ, 8ttm Drain Improvement - 1.7th St Firs equipment VI Toyon Park Rehab R• - roof Camacho Poor -cation Coutar R• - roof Kimball S.nlor Center Las Palmas Pool Plumbing Rehab. Caaacho Gym Rehab. Reconstruct Palma. Scoreehacke $ S STAPP SSQQS=I _9PIIQtL11 $ 15,000 S__12�Sgq $ 87, 3$11 15,775 15,000 50,000 10,000 32,000 18,875 50,000 15,000 21, 000 18,000 126,791 45,918 86,000 10,000 15,000 520,711 11,000 5,500 56,625 66,000 300,000 200,000 500,000 50,000 $ 6,200 $ 50,000 5-.2ZZSQQ $ 1,472,825 100,000 100,000 100,000 450,000 50,000 40,000 120,000 700,000 15,000 60,000 150,000 150,000 40,000 40,000 55,000 35,000 24,000 50,000 140,000 1,819,000 S S $ 75,000 S 65,000 15,725 25,000 18,875 15,000 21,000 18,000 55,800 40,000 209,400 $ $ STAPP IIPTIfltL317 75,000 10,000 15,000 25,000 21,000 18,000 105,400 40,000 $ 20➢,400 56,625 $ 56,625 33,000 $ 31,000 100,000 $ - 200,000 $ 200,000 200,775 $ 300,775 25,000 $ 25,000 6,200 $ 6,200 30,000 $ 30,000 S-_ 651400 $ 651,400 50,000 50,000 50,000 10,000 20,000 30,000 20,000 250,000 100,000 50,000 50,000 50,000 C ITy CO 1N 1 HCDC $ 44,900 _ S---IIl IlQIl $ 54,➢00 91-18 -YSH@Il(Q lIQIig Admen L Plannin 50,000 cap . 5279,200 10,000 Raquired by HUD Pub. Satvice. C. NR equals $109,400 NR 21,107 NF NR NR = No funding NR ragueet ■ada 97- NR 17R NP . Not funded NR 1997-96 17,500 $ 21,000 18,000 $ 18,000 126,791 $ 76,612 $ 45,918 20,000 $ 40,000 NR NR $ 20➢,100 5,500 45,000 45,000 200,000 250,000 6,200 100,000 50,000 50,000 100,000 50,000 50,000 40,000 10,000 30,000 15,000 20,000 25,000 $ 580,000 13,9013,631 $ 1,396,000 `1,396,000 11,396,000 61,394,000 40,000 30,000 50,00o 35,000 20,000 25,000 IS0,000 $ $ 5 $ NR Comm. Projects h. NR no funding cap 75,500 29,600 CDC to pay 501 NR 150,000 15,000 11R No funding NR request made 97-s NF NR HP • Not funded i, 19,850 1997-96 City CIP has no 15,000 funding cap 50,000 25,000 NR NR NR NR NR NF NR NR NR 30,000 NR NF NR NR NF NW 1998-99 HOME WORKSHEET 5/12/98 ACTIVITY Administration Acquisition New Construction Tenant -Based Rent Rehabilitation STAFF STAFF CITY HCDC REC #1 REC #2 COUNCIL REC EXPLANATION 58,600 $ 58,600 $ 300,000 $ 202,400 25,000 $ 25,000 502,400 $ $ 50,000 $ 300,000 $ 216,000 $ 20,000 TOTAL $ 586,000 $ 586,000 $ 586,000 $ 586,000 CDC Administration First-time homebuyers Single -Family Housing Dev. Housing for Domestic Violence Proposed for "Q" Ave. Attachment No. 2 City of National City HUD CONSOLIDATED PLAN 1998-99 ANNUAL PLAN DRAFT Attachment No. 3 TABLE OF CONTENTS Applications for Federal Assistance: CDBG Applications for Federal Assistance: HOME ANNUAL PLAN: PRIORITIES TO BE UNDERTAKEN IN 1998-99 1 A. Housing and Community Development Resources 16 B. Activities to be Undertaken C. Monitoring 2'- D. Homelessness '7-' E. Anti -Poverty Strategy 23 F. Coordination 2; LIST OF TABLES Table 1. Public and Private Resources Available for Housing and Community Development Activities 17 2. Consolidated Plan Listing of Proposed Projects ?4 �. Support of Applications 27 4. Funding Sources 28 Certifications LIST OF FIGURES Figure Proposed Projects..... ... .. .......... ............................ ANNUAL PLAN: PRIORITIES TO BE UNDERTAKEN IN 1998-99 Introduction In establishing five-year priorities in the 1995-2000 Consolidated Plan, the City of National City took two concerns into consideration: 1) those categories of low and moderate income households most in need of housing and community development assistance; and 2) which activities will best meet the needs of those identified households. A priority need ranking has been assigned to households to he assisted under each priority action according to the following HUD ranking: High Priority: Activities to address this need will be funded by the City during the five-year period. Medium Priority: If funds are available, activities to address this need may be funded by the City during the five-year period. Also, the City may take other actions to help this group locate other sources of funds. Low Priority: The City will not directly fund activities to address this need during the five-year period, but other entities' application for federal assistance might be supported and found to be consistent with this Plan. In order to commit CDBG Program monies to a Low Priority activity. the City would have to amend this Consolidated Plan through the formal process required by the HUD Regulations. No Such Need: The City finds there is no need or that this need is already substantially addressed The City will not supportotherentities applications for federal assistance for activities where no such need has been identified. The description of National City's priority needs focuses on those activities identified as High or Medium Priorities on the Listing of Priority Needs. The implementing programs identified rely upon funding available from federal. state. county and local sources. The Summary is divided into the following general categories of priority need: 1. Housing Needs; 2. Homeless Needs: 3. Special Needs Populations: 4. Non -Housing Community Development Needs; 4a. Community Facilities 4b. Infrastructure Needs; 4c. Accessibility Needs; 4d. Economic Development needs: 4f. Other community development needs. LIA 01 ))),.i ti,'n.li l l�A 1. PRIORITY HOUSING NEEDS The following section will describe the activities National City will undertake during the next program year, July 1, 1998 through June 30, 1999, to address the priority housing needs listed below in terms of local objectives that were identified in the 1995-2000 Consolidated Plan Five -Year Strategic Plan (91.215). PRIORITY #1.1: Increase the supply of affordable housing through new construction and rehabilitation. Priority Needs/Target Groups: Medium Priority is assigned to addressing the affordable housing supply needs of lower income elderly renters (0-50 percent MFI) and low/moderate income first-time homebuyers (31-80 percent MFI). Five -Year Objectives: Achieve the creation of 76 senior rental dwelling units and 25 single-family for -sale units. Activities completed in 1997-98: A total of 5 single family homes were constructed. (80-95 percent MFI)_ 15 single family homes were rehabilitated through the CIJ Program (31-80 percent MFI). 268 apartment units received major renovation (50-80 percent MTI). Activities to be undertaken in 1998-99: To be determined May 12, 1998. Implementing Programs: The following programs represent options for addressing Priority # 1.1 in 1998-99: HOME Program: 1997-1998 HOME funds will be allocated to a First Time Homebuyers Program, for which the City has developed a Silent Second Trust Deed Loan Program. Under this program, the loan amount is "silent," meaning that there are no payments on the second mortgage until the loan comes due. The loan ranges from one to 15 percent of the purchase, up to S15,000, depending_ on household income. The program also can provide closing cost assistance and downpayment assistance. In addition, the City will allocate HOME funds for new construction of single family homes affordable to lower income households. PRIORITY #1.2: Provide housing opportunities for first-time homebuyers. Priority Needs/Target Groups: High Priority is assigned to addressing the homeownership needs of low/moderate income renter households (31-80 percent MFI). Five -Year Objectives: Assist 50 renter households of lower and moderate income to become homeowners. ,Activities completed in 1997-98: In the past year, the CDC assisted 34 first-time homebuyers to purchase a home. A portion of those first time homebuvers will purchase those new single family homes constructed with HOME funds under Priority Tl. I. Activities to be undertaken in 1998-99: To be determined May 12. 1998. t 1‘,1.1Crual C;tV 'la; Implementing Programs: The following programs represent options for addressing P- =1.2 in 1998-99: First -Time Homehuvers Assistance: As part of the First Time Homebuyers Program. the City. has developed a Silent Second Trust Deed Loan Program. Under this program, the loan amount is "silent," meaning that there are no payments on the second mortgage until the loan comes -due. The loan, which serves as a downpavment, ranges from one to 15 percent of the purchase. up 5.000, depending on household income. Continued affordability is ensured by requiring repayment of the loan when the home is sold, refinanced, or transferred. or at the end of 30 years. HOME ... ods are used to finance this program. Federal Mortgage Credit Certificate (MCC): The Mortgage Credit Certificate Program_ authorized by Congress in the Tax Reform Act of 1984, is an alternative to mortgage revenue bond -backed financing as a means of providing financial assistance for the purchase of single family housing_ In 1985, the State adopted legislation authorizing local bond issuing agencies to make MCCs available in California. The amount of allocation is converted to an MCC allocation on a 4 to I ratio. This program is designed to benefit first time homebuvers of new or existing housing units throughout National City. In addition, a local policy decision has set aside an additional 20 percent of the MCC allocation for low income households. The MCC operates as an IRS tax credit. The qualified home buyer is eligible to take a Federal Income Tax Credit of 20 percent of the annual interest paid on the mortgage. The MCC tax credit reduces the federal income taxes of qualified home buyers purchasing qualified homes_ thus having the effect of subsidizing their payments. The qualified home buyers has the use of more of :heir income to spend on buying a home. As a result. their effective home buying power is Federal Home Loan Bank (FHLB) : The affordable housing programs mandated by the Financial Institutions Reform. Recovery and Enforcement Act (FIRREA) of 1989 and the Community Reinvestment Act are now being implemented through the 12 Federal Home Loan Banks. 3y law. the affordable housing provisions call for, among other things, a requirement for interest -subsidized loans to be extended to low income homebuvers. as well as a variety of lending activities :::at fail under the "community investment" heading. The FHLB of San Francisco (Eleventh District- California. Arizona, and Nevada) initiated its Affordable Housing Program in early 1990. In the first 18 months of operation. the=rogram provided 38.9 million in subsidies to 1,342 affordable housing units. Subsidies ranged from 55. 90 - 318,000 per single-family mortgage. to S1,200 - S17,500 per multi -family rental over the life of the loan. Through the Affordable Housing Program. the FHLB provides interest rate subsidies on advances to member banks that engage in lending for long-term. low to moderate income owner -occur ied or affordable rental housing. Loans that qualify for the program include those used to -:.lance homeownership by low income families, and loans which finance the purchase, cons.moti n or rehabilitation of rental housing, of winch at least 20 percent will be occupied by ve:-o :c'.. households. In addition to the .Affordable Housing Program, the FHLB also implements a Community lm es:mer.: Program. Through this program. each district bank appoints a community investment provides "community -oriented" mores *age loans to members at its own cost of funds. CIty f of]; !' f) i , qualify for the program include those used to finance the purchase or rehabilitation of homes by borrowers earning 1 15% or less of the area median income, and those that finance commercial or economic development projects that benefit low and moderate income families. California Housing Finance Agency (CHFA) Single -Family Programs: Southern California Housing Finance Agency raises funds for mortgage financing through the sale of tax-exempt revenue bonds. SCHFA uses proceeds from the sale of these bonds to provide below -market interest mortgage loans for the purchase, purchase and rehabilitation, and rehabilitation -related mortgage refinancing. SCHFA has recently issued bonds available to San Diego County first-time homebuyers earning below 120 percent the County median income. The City has been contacted by local lenders participating in the program interested in offering SCHFA mortgage loans to National City residents. The City can become a participating jurisdiction with the SCHFA by indicating in writing "accommodation and acceptance" of the program. PRIORITY #1.3: Provide housing rehabilitation assistance to eligible owner and renter -occupied units, with an emphasis on alleviating blight and unit overcrowding. Priority Needs/Target Groups: High Priority is assigned to addressing the rehabilitation needs of all lower and moderate income owner households (0-80 percent MFI), low/moderate income first-time homeowners (31-80 percent ivilFi) and low/moderate income renters (0-80 percent MFI). Efforts at rehabilitation also include a High Priority for the provision of code enforcement and energy efficient improvements. Medium Priority is assigned to residential historic preservation needs. Five -Year Objectives: Provide rehabilitation assistance to 125 owner and 50 renter households of lower and moderate income with special needs, physical defects, or overcrowding. Activities completed in 1997-98: In the past year, the CDC assisted 20 owner and 5 renter households (0-80 percent MFI) with the rehabilitation of their property. Activities to be undertaken in 1998-99: It is anticipated that 25 owner and 8 renter households (0- 80 percent MFI) will be assisted with the rehabilitation of their property in the next year. Implementing Programs: The following programs represent options for addressing Priority 41.3 in 1998-99: Components of the Community Development Program: The Redevelopment Tax Increment- funded residential rehabilitation programs will continue to operate. The programs operate Citywide and provide low interest and deferred payment rehabilitation loans to low and moderate income owner occupants as well as technical assistance and loan counseling. The Community Development Commission operates the program, which has three components: Low Interest Home Improvement Loans: The CDC makes three percent home improvement loans to lower and moderate income and six percent loans to middle income owner occupants for corrections of code violations, for room additions, and for major repairs. Loans may be made up to a maximum of S25,000 and can be repaid over a 15 year period. Li[v Nu i. I C:n it'1) • Deferred Loans: The CDC offers owners with financial hardships direct home improvement loans of up to $4,500 at three percent interest. The loans are not due and payable until the time of sale or other transfer, refinancing of the property, or 15 years from the time of loan origination. Rental Unit Rehabilitation Program: The preservation, conservation, and improvement of existing housing includes the rental housing stock. This is provided through favorable rehabilitation loans, generally at six percent of 15 year term. Code Enforcement: The City requires corrections of code violations, and it offers low interest home improvement loans to households which need the funds in order to comply with codes. PRIORITY #1.4: Continue rental assistance to lower income households overpaying for housing. Priority Needs/Target Groups: High Priority is assigned to addressing the needs of lower and moderate income large family, and other special needs renter households (0-80 percent MFI) for rental assistance. The rental assistance needs of extremely low income elderly renter households (0-30 percent MFI) is assigned a Medium Priority. Five -Year Objectives: Continue to provide rental assistance to 1044 lower and moderate income households (0-80 percent MFI). Activities completed in 1997-98: A total of 1044 households (0-80 percent MFI) were assisted with rental assistance. Activities to be undertaken in 1998-99: In the upcoming program year, a total of 1044 households (0-80 percent MFI) will be given rental assistance. Implementing Programs: The following programs represent options for addressing Priority =1.4 in 1998-99: Section 8 Rental Assistance Payments Housing Vouchers: The City's CDC administers the Section 8 Rental Assistance Program for the City of National City, including Tenant -Based Section 8 certificates and vouchers. As of March, 1996, the CDC issued 1,044 Section 8 certificates and vouchers to eligible households, and 1030 are leased up. CIL% or V'a1011:11 Cinv ic�t'P1.111 2. PRIORITY HOMELESS NEEDS The following section will describe the activities National City will undertake during the next program year, July 1, 1998 through June 30, 1999, to address the priority homeless needs listed below in terms of local objectives that were identified in the 1995-2000 Consolidated Plan Five -Year Strategic Plan (91.215). PRIORITY #2.1: Provide transitional and short-term housing for homeless individuals and families. Priority Needs/Target Groups: Medium Priority is assigned to addressing the transitional housing needs of homeless individuals, families and those with special needs. Five -Year Objectives: Support local service providers offering needed facilities and housing support services to homeless families and homeless individuals and families with special needs. Activities completed in 1997-98: The City made a S5,500 grant to the county -wide shelter program to assist homeless families and individuals during the "El Nino" weather season. Activities to be undertaken in 1998-99: The CDC has no plans to address this priority in the upcoming year due to limited funds available. However, the CDC will continue to support projects serving the National City area on a case by case basis. In addition, the CDC will continue to coordinate with county -wide FERIA activities to prevent homelessness. Implementing Programs: The following programs represent options for addressing Priority #2.1 in 1998-99: Emergency Shelter Program: The State Department of Housing and Community Development administers a HE'D -funded Emergency Shelter Grants Program (ESG). This program provides grants to local governments and to non-profit corporations for the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain operating and social service expenses in connection with the emergency shelter for the homeless, and for homeless prevention activities. The CDC will continue to pursue funding for existing homeless programs and the development of suitable emergency short-term facilities. ESG "Homeless Prevention" Program: A new eligible activity under the ESG program is the provision of rental vouchers for people living in housing units who are at risk of losing their housing because they are unable to make the next months' rents. South Bay Community Services (SBCS) would use a portion of its ESG funds to provide rental vouchers to households and individuals who are at risk of becoming homeless. HOME Program: Under eligible activities, the CDC can use HOME funds to support directly the development of homeless facilities in and near National City. C;L i� •!� �.„" ;i�la��u P'.un �.crr,i.i! Han 3. PRIORITY SPECIAL NEEDS POPULATIONS The following section will describe the activities National City will undertake during the next program year, July 1, 1998 through June 30, 1999, to address the priority special needs populations listed below in terms oflocal objectives that were identified in the 1995-2000 Consolidated Plan Five -Year Strategic Plan (91.215). PRIORITY #3.1: Provide supportive housing assistance for special needs populations Priority Needs/Target Groups: Medium Priority is assigned to addressing the support service needs of all lower and moderate income (0-80 percent NMI) special needs households (persons with AIDS. elderly, disabled, female -headed, and large family households). Five -Year Objectives: Continue to support the efforts of: 1) fair housing service providers to eliminate discriminatory practices in housing; and 2) social service agencies to provide services to those with special needs. Activities completed in 1997-98: The CDC continued to contract with Heartland Human Relations for the operation of a tenant/landlord relations complaint program. The CDCcontinued to contract with the Fair Housing Council of San Diego to provide a comprehensive fair housing program which provided information to the public relative to housing rights and responsibilities and to educate clients and property owners. In addition, the CDC continued to support the National City Collaborative. This organization is a collaborative effort bringing together various youth and family programs. including child care and Gang prevention services, on -site at Kimball Elementary School. Activities to he undertaken in 1998-99: The CDC will continue to provide comprehensive fair housing and tenant/landlord programs and continue to support organizations like the above mentioned National City Collaberative. In addition, the CDC will provide matching HOME finding to South Bay Community Services, Inc. for the implemenation of a confidential shelter program for victims of domestic violence. Up to six apartments will be made available through this program in National City. Additional funding for this program was obtained by SBCS through the HUD Supportive Housing Program. Implementing Programs: The following programs represent options for addressing Priority -3.1 in 1998-99: Coordination with Social Service Agencies: A variety of social services agencies provide housing and supportive services to special needs groups in National City. A description of some of these services is provided below. Supportive services for households of the elderly and frail elderly are provided, in part. by the Area Agency on the Aging (AAA) in San Diego County. The major goals of the AAA are to secure maximum independence for the elderly. The AAA services include meals at senior centers. meals to homebound seniors, legal assistance. in -home support adult day care. transportation, and part-time employment. These are made available through contracts with service providers. In addition. the followint, agencies provide additional services to elderly and frail elderly persons in National City- GeorLle G Glenner Alzheimer's Family Centers, Inc_. Chicano Federation of San Diego Count-:. Collimvood Manor, Home Hospice. Senior Adult Services Inc._ Community Development Cite ri N.It'ona '1) c',,nx,)L.i.uccl Pl.in - Commission of National City, Norman Park Senior Center, At Your Home Services, Visiting Nurse Association. Wheel Project, The Wellness Community. Neighborhood House Association. Key social service providers for the mentally disabled within National City are the County Department of Mental Health Services (SDMHS), Superior Court Office of Counselor in Mental Health, Case Management, UCSD Outpatient Psychiatric Services, Kinesis South, San Diego Housing Alliance, Tradition One Inc.. In addition, there are a number of service providers for developmentally disabled adults in National City: San Diego Regional Center, Training and Education for Retarded Individuals. and United Cerebral Palsy Association. Pardo's Adult Residential and Zambrana's Adult Residential facility provide supportive housing for developmentally disabled adults. The Access Center, Inc. provides supportive services and housing to physically disabled persons. Services for people with AIDS in the region include a number of services throughout the County which are funded by the County Department of Health Services. Services throughout the County include: Being Alive - San Diego; Episcopal Community Services; Hemophilia Association of San Diego County; UCSD Medical Center, MaternaUChild HIV Program; UCSD Medical Center, Owen Clinic; San Diego Community Foundation. PRIORITY #3.2: Provide rental assistance to lower income households with special needs overpaying for housing. Priority Needs/Target Groups: High Priority is assigned to addressing the rental assistance needs of all lower and moderate income (0-80 percent viT) special needs households (persons with AIDS, elderly, disabled, female -headed, and large family households). Five -Year Objectives: Continue to provide rental assistance to 800 special needs lower and moderate income households (0-80 percent MFI). Activities completed in 1997-98: Provided rental assistance to approximately 160 special needs households (0-80 percent MFI). Activities to be undertaken in 1998-99: The CDC plans to provide rental assistance to approximately 160 special needs households (0-80 percent MFI). Implementing Programs: The following programs represent options for addressing Priority #3 2 in 1998-99. Section 8 Rental Assistance Payments, Housing Vouchers: The City's CDC administers the Section 8 Rental Assistance Program for the City of National City, including Tenant -Based Section 8 certificates and vouchers. As of March, 1996, the CDC issued 1,044 Section 8 certificates and vouchers to eligible households, and 1030 are leased up. u, uuunui C;r. -it D C 0ri:soildllt�'u Min �nnu�il Han 4. PRIORITY NON -HOUSING CONIMUNITY DEVELOPMENT NEEDS The following section will describe the activities National City will undertake during the next program year, July 1, 1998 through June 30. 1999, to address the priority non -housing community development needs listed below in terms of local objectives that were identified in the 1995-2000 Consolidated Plan Five -Year Strategic Plan (91.215). a. Community Facilities PRIORITY #4.a.1: Provide for new community facilities and improve the quality of existing community facilities to serve those of lower and moderate income. Priority Needs/Target Groups: High Priority is assigned to addressing the needs for community facilities serving youth, park and recreational facilities, neighborhood facilities_ and fire stations and equipment. Medium Priority is assigned to addressing the needs for community facilities providing health care, and those serving children requiring child care, seniors, and the disabled. Five -Year Objectives: Attempt to maximize the effectiveness of available CDBG funds for community facilities consistent with the urgency of the established need for facilities, the availability of other reliable long-term funding for the facilities and the provision of services from such facilities. Activities completed in 1997-98: The City installed a new pool deck at the Las Palmas Municipal Pool, installed new score shack facilities at Kimball, Las Palmas and El Tovon Parks, and improved the kitchen facilities at the local Boys and Girls Club Community Center located in Kimball Park. The City made its third and final lease payment on a new fire truck. Activities to be undertaken in 1998-99: CIP Projects will be considered for approval at the May 12. 1998 Council Meeting. Implementing Programs: The following programs represent options for addressing Priority =4 a. 1 in 1998-99. City Community Centers and Park, Recreation Facilities: There are approximately 142 acres of parkland in National City. National City's inventory of parkland includes three large municipal parks of about 30 acres each and a small 2-acre park. National City Golf Course. located in Las Palmas Park, is leased and operated by American Golf Corporation; a percentage of operating revenues are paid to the City. Other Community Centers and Facilities: The City owns three community centers in addition to the National City Community Center located in Kimball Park at 12th Street and "D" Avenue. These are the old Girl's Club building which is used as a "Multi -cultural Center" operated by the Filipino American Community of National City (PACNC), the Casa de Salud building located at 1408 Harding Avenue operated by the Department of Parks and Recreation and the El Tovon Center where a variety of adult classes, after school recreation programs for children, and senior citizen programs are offered_ In addition, Camacho Gymnasium is located at Las Palmas Park and several elementary school buildings are used as sites for after school programs. 111L',m„011,iute;. b. Infrastructure Improvements PRIORITY #4.b.1: Provide for needed infrastructure improvements in lower and moderate income target areas. Priority Needs/Target Groups: High Priority is assigned to addressing the need for street improvements, sidewalk improvements and street lighting. Medium Priority is assigned to addressing the need for flood prevention/drainage improvements, sewer improvements and asbestos removal in lower and moderate income target areas. Five -Year Objectives: Attempt to maximize the effectiveness of available CDBG funds for infrastructure improvements consistent with the urgency of the established need for improvements and the availability of other reliable long-term funding for improvements. Activities completed in 1997-98: Various city-wide public improvements were made including sidewalk, curb, gutter, and ADA pedestrian ramp improvements. Activities to be undertaken in 1998-99: CIP Projects will be considered at the May 12, 1998 City Council Meeting. Implementing Programs: The following programs represent options for addressing Priority 44.b.1 in 1998-99: City Infrastructure Improvement Programs: The City's five-year Capital Improvement Plan (CIP), which covers fiscal years 1994-95 through 1998-99, identifies $13.1 million in needed street system improvements throughout the city and an additional $4.8 million for traffic signal installation and upgrade. The principal locations for transportation improvements are listed below. • Hoover Avenue • Harbor Drive/Tidelands • Harrison Avenue • 8th Street east of K and L • National City Boulevard Bridge • National City Boulevard/18th Street • Division/Drexel • Division Street Improvements • 11th Street Traffic Islands • City Center Drive Improvements • Roosevelt Reconstnuction/National City Boulevard to 8th The CEP long range project list for street improvements and traffic control includes the following items: • Division Street/I-5 interchange improvements • Continue Division Street widening program to offset impacts caused by loss of Freeway 252 • Reconstruct Harbor Drive • Redesign I Sth/National West intersection ,u'National l:;t% I() Annual • L/N Avenue. Plaza to 14th - study feasibility of obtaining right-of-way and widening roadway • Upgrade 19th Street west of I-5 • Improve 8th Street and Plaza boulevard freeway connections • Widen Plaza Boulevard from "N" Avenue to east city limit • Widen Sweetwater Road east of Plaza Bonita • Pedestrian/bicycle improvements at 24th Street/I-5 underpass • Provide signage for bicycle routes • Connect Sweetwater River Bicycle Trail with Plaza Bonita The City's five-year Capital Improvement Plan (CEP), which covers fiscal years 1994-95 through 1998-99, identifies $1.15 million in needed sanitary sewer system maintenance. The CEP long range project list for sewers includes sewer main rehabilitation and extensions at various locations. The City's five-year Capital Improvement Plan (CEP) which covers fiscal years 1994-95 through 1998-99, identifies $1.6 million in needed flood control improvements. Specific projects listed in this budget allocation include Paradise Drain. Palmer Way Drainage, Underground Drainage/Fedco and Storm Drain Improvements/Wilson-Hoover. The CEP long range project list for storm drains includes the following items: • Correction of flooding conditions in the vicinity of 18th Street and National City Boulevard • Channelize drainage east of Plaza Bonita • Shell Avenue/Thelma Way storm drain(s) • Construct concrete cross gutters at various locations • Drainage improvement underground - Harbison, 20th to 24th • Underground drainage - Tidelands area to north city boundary • Underground drainage way, Delta Street • Stoiui drain for division between Harbison and Euclid c. Community Services PRIORITY #4.c.1: Provide needed community services to those of lower and moderate income. Priority Needs/Target Groups: High Priority is assigned to addressing lower and moderate income need for community services for youth, transportation, employment training. crime awareness. and child care. Medium Priority is assigned to addressing the need for community services targeting seniors, the handicapped. substance abuse. health services, fair housing activities, and tenant/landlord counseling. Five -Year Objectives: Attempt to maximize the effectiveness of available CDBG funds for community services consistent with the urgency of the established need for community services, and the availability of other reliable long-term funding for such services. Cile nl V,uuttwl C:n I ft D Plan Activities completed in 1997-98: The City funded the following service activities: Dusk to Dawn Lights Program, Swim Program, Tiny Tots Childcare Program, Literacy Services, In addition, matching funds were again granted to the Police Department for the Community Oriented Policing Program. Activities to be undertaken in 1998-99: Programs to be considered on May 12, 1998. Implementing Programs: The following programs represent options for addressing Priority #4.c.1 in 1998-99: City -Sponsored Community Services: The Parks & Recreation Department operates a number of youth services through its community center programs. The following recreation centers operate youth programs within the City: • Boys and Girls Club (recently completed a major rehabilitation) • Sixth Grade Camp • Learn to Swim Program The CDC subsidizes about one-third of the cost of the senior -citizens' Sunshine Meals program, not to be confused with Meals on Wheels. This is a voluntary program and anyone over 60 years of age can eat for a volunteer donation. Diners who can afford it are asked to contribute two dollars per meal. About 300 meals are served daily at the Sunshine Dining Room next to Morgan Towers and another 60 are delivered every day to shut-ins. The CDC took over this program almost 10 years ago because it had facilities large enough to meet the need. Three days per week National City provides an 18-passenger van to transport seniors from their homes to the senior center for activities. CDBG funds have been used for the National City Wheels program which transports seniors to medical appointments. Community Services Sponsored by other Organizations: The San Diego Youth And Community Services provides shelter and counseling for the area's runaway, homeless, throw -away and troubled youth. Services include a 24-hour crisis intervention hotline, temporary counseling, education, recreation, advocacy, independent living skills training, and shelter for youths to deter delinquent juvenile behavior and reunite families. Paradise Valley Hospital operates a wide range of wellness programs through the Center for Health Promotion with two locations in National City. Health services are also available in nearby San Diego at the Comprehensive Health Center and the Logan Heights Family Health Center. Health Services were not a major issue for participants in the Community Development Needs Survey. The Drinking Driver Program includes group counseling, individual interviews, alcohol education. and AA meetings. Casa de Milagros (for women) and Nosotros (for men) are the only recovery homes for Latinos with alcohol related problems in San Diego County. The homes are now serving Latinos and non -Latinos in programs that integrate alcohol education, group involvement, individual involvement, and recreational activities. The Tobacco Education and Awareness Program (TEAP) provides training to community service organizations in tobacco -control and prevention with an emphasis in the low income and Latino community_ The Southwest Hispanic Inhalant Abuse Prevention Program is a tive-vear rescarcih program focusing on at -risk Latino youth. ;1y 'I Non-profit organizations provide the majority of supportive services and housing assistance for physically disabled persons. The Access Center of San Diego, Inc. is a primary provider for physically disabled persons in National City. The Access Center provides a wide variety of services including intake and referral, personal assistance, housing referral, benefits counseling, employment services, community living program, transition project, peer counseling, transportation, medical supplies, and public relations and development services. d. Accessibility PRIORITY #4.d.1: Provide for the access needs of the physically disabled. Priority Needs/Target Groups: High Priority is assigned to addressing the access needs of the physically disabled. Five -Year Objectives: Attempt to maximize the effectiveness of available CDBG funds for disabled accessibility improvements consistent with the urgency of the established need for facilities and the availability of other reliable long-term funding for such improvements. Activities completed in 1997-98: ADA modifications to City -owned buildings and parks as well as the installation of ADA pedestrian ramps were completed at various locations in the City. Activities to be undertaken in 1998-99: Projects to be considered May 12, 1998. Implementing Programs: The following implementing programs represent options for addressing Priority #4.d.1 in 1998-99. ADA Improvement Programs: The City of National City is working to comply with ADA. When it upgrades playground equipment, facilities, and parks, the City must ensure that the location is accessible. The Building Department has identified nine priority buildings for ADA modifications to building/facility access including restrooms. drinking fountains and pedestrian ramps. These buildings include the Library. Public Works .Administration Offices, Las Palmas Park, El Tovon Park and Recreation Center. the Civic Center. Casa de Salud (multi -cultural center), Kimball Park and Bowl. the 16th Street Fire Station and the 24th Street Fire Station. e. Economic Development PRIORITY #4.e.1: Provide for the economic development needs of lower and moderate income target areas. Priority Needs/Target Groups: High Priority is assigned to addressing lower and moderate income needs for the creation of new jobs and commercial -industrial improvements. Medium Priority is assigned to business support services. technical assistance, and commercial -industrial rehabilitation and infrastructure. \tedium Priority is also assigned to non-residential historic preservation needs. City oI.Naurn::i � ::� Five -Year Objectives: Attempt to maximize the effectiveness of available CDBG funds for economic development consistent with the urgency of the established need and the availability of other reliable long-term funding for the facilities. Activities completed in 1997-98: CDBG funds were utilized for the completion of public improvements along National City Boulevard from 18th to 33rd Streets (Mile of Cars). Redevelopment andPortDistrict funding was utilized to begin the process of acquiring several blighted commericaUindustrial properties located in the Harbor District. Activities to be undertaken in 1998-99: Projects to be considered May 12, 1998. Implementing Programs: The following programs represent options for addressing Priority #4.e.1 in 1998-99. Community Development Block Grant: CDBG funds can be utilized for commercial -industrial improvements and for the creation of new jobs. The City will utilize, to the greatest extent possible, the use of other CDBG/HUD related funding programs such as the Section 108, Economic Development Initiative and Empowerment Zone and Community (EZEC) Programs. City -Sponsored Economic Development Programs The National City Community Development Commission and the National City Chamber of Commerce work within the City to encourage economic growth and development. Economic Development Programs .Spott.vored by other Organizations: County, State, and Federal governments sponsor a number of other economic development programs. County Programs San Diego Community Foundation State Programs California Trade and Commerce _agency - Team California State of California Employment Development Department (EDD) Federal Programs School -to -Work Opportunities Program Jobs Training Partnership Program (JTPA) Older Workers Program Dislocated Worker Program On -the -Job Training Summer Youth Employment Training Program Youth Employment Program Vocational Programs Cite Or. NAUun l 1 :Waal :ar. f. Other Community Development PRIORITY #4.f.1: Provide for necessary planning activities to develop both housing and community development plans to address anticipated need. Priority Needs/Target Groups: High Priority is assigned to code enforcement, and the preparation of plans to address the community's housing and community development needs. Five -Year Objectives: Maintain an effective code enforcement program, and annually review application of the Consolidated Plan and update the Action Plan and other components as necessary. Activities completed in 1997-98: In the past year, the 1997-98 Annual Plan document was developed. In addition, the City's very effective code enforcement program continued its revitalization efforts in targeted neighborhoods. Activities to be completed in 1998-99: An 1998-99 Annual Plan, as well as any other HUD -required planning documents will be developed in the upcoming program year. In addition, the City will continue to implement a code enforcement program targeting neighborhoods with high code violation rates. Implementing Programs: The following implementing programs represent options for addressing Priority #4.f.1 in 1998-99. City Code Enforcement Program: The City requires corrections of code violations, and it offers low interest home improvement loans to households which need the funds in order to comply with codes. CDBGAdministration: Administration of CDBG funds is an ongoing function performed by CDC staff of Viauonai Lin i-il;r A. Housing and Community Development Resources The City of National City has access to a variety of federal, state and local resources to achieve its housing and community development priorities. Specific funding sources will be utilized based on the opportunities and constraints of each particular project or program. Table 1 summarizes the major sources of funding available to carry out housing and community development activities in National City and specifically identifies the City 's current funding levels. City of National City HLD Consolidated Plan I6 Annual Plan TABLE PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR II( USING AND COMMIiNITI' DEVELOPMENT ACTIVITIES Program Type Program Name Description I. Federal Programs El Formula/Entitlements b. Competitive Programs HOME (1998/1999 Funding - $586,000) Community Dcvclopnlen' Flock Grant (CI)I3(1) (1998/I999 Funding - $1,39h,ia a 1) loosing Opportunities for Persons with AIDS (I It)PWA) I IOI'1s Flexible grant program awarded to the City on a formula basis for housing activities. Grants awarded to the City on a lilumula I,;I,is fur housing activ iiie Entitlement and Competitive (ivants lou I lousing Assistance and Supportive Services for PWAs. Grants awarded to City on a falnlllla basis, are ikblliiIistcred by County. I torte ownership assistance awarded on a colllpelitive basis, icquiies non-fedcial matching fonds Lily of National City I IUI) Consolidated Plan Eligible Activities • Acquisition • Rehabilitation • I bane I3uycr Assistance • Rental Assistance • Acquisition • Relm hililalion • I It 11 IC I3u%rl Assisl;ulcc • Economic I)t_ Clop' lcnl • I lomcicss Assist nice • Public Services • Acquisition • Rehabilitation • Suppol t Services • Public I lousing Ownership (I IOPIi I) • I II/use Ownership of Milli-lainily l luits (I IOI'1'. 2) • I bane Ownership Ior Single -Family Homes (1101'E 3) 17 Annual Plan TABLE PUBLIC ANI) PRIVATE RESOURCES AVAILABLE FOR HOUSING ANI) COMMUNITY DEVELOPMENT ACTIVITIES (Continued) Program Type Program Name Description Eligible Activities b. Competitive I'rogranis (omit ) Fi ncrgency Sheller (ih ants (IsS(i) Section 8 Rental Assistance Program Shelter Care Plus Section 202 Section 811 Grants to improve quality of existing shelters/increase number of new shelters for the homeless. Funds are awarded to local non- profits through the state. Rental assistance payments to owners of private market rate units on behalf of very low income tenants. Administered by ()CI IA Grants for rental assistance offered with support services to homeless with disabilities and disabled households. Grants to non-profit developers of supportive housing for the elderly. Grants to non-profit developers of suppoi five housing for persons wilh disabilities, including group homes, independent living facilities and intermediate care facilities. • I lontcless Assistance (Acquisition, New Cons(1action , Rehabilitation, Conversion, Support Services) • Rental Assistance • Rental Assistance • Acquisition • Rehabilitation • New Construction • Rental Assistance • Support Services • Acquisition • Rehabilitation • New Construction • Rental Assistance ( it of National ('ity IIlls) ('onsolidated flan Annual Plan Progrnnr'I ype 2. Slate Programs TABLE. PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR IIOUSIN(: AND U)IUI\1UNITY DEVELOPMENT ACTIVITIES (Conli►ulc(I) 1'ragram Name Emergency Shelter Plug] ant Mobile llonre Park Conversion Program (M Prop) California !lousing Finance Agency (CI !FA) Multiple Rental !lousing Programs. California I lousing Finance Agency I lotne Mortgage Purchase Program Mortgage Credit Ccrtilicale Program ( ly of National ('ity I II li) Consolidated Ilan Deucrilrt ion Grants awarded to non-profil organizations for shelter support services. Funds awarded to nwbiIdtome park tenant organizations to cuuver I mobile- home parks to resident ownership. Below market rate financing offered to builders and developers of multiple -family and elderly rental housing. Tax exempt bonds provide below- urarkcl mortgage money. CI IFA sells lax -exempt bonds to make below market loans to first lime homebuyers. Program operates through participating lenders neho originate loans for CI II'A put chase. Income lax credits available to lust -time huutebtrycrs for the pin chase of new or existing single-family housing. Local agencies (('aunty) make cctlilicales available. Eligible Activilics • Support Services • Acquisition • Rehabilitation • New Construction • Rehabilitation • Acquisition of Properties from 20 to ISO units • I lonre Buyer Assistance • I lunte Iluyer Assistance An unit' flan TABLE I I'lllil,IC ANI) PRIVATE RESOURCES AVAILABLE FOR [MUSING AND COMMUNITY DEVELOPMENT ACTIVITIES (Continued) Program "I)pc Program Name 2. Stale Programs (continued) Low Income I lousing Tax Credit (LII 1TC) Califi>ruin Housing Rehabilitation Program - Owner Component (Cl IRP-O) Description 'fax credits available to individuals and corporations that invest in low income rental housing. Tax credits sold to corporations and people with high tax liability, and proceeds are used to create housing. Low interest loans for the rehabilitation of substanda>d homes owned and occupied by longer -income households. City and non -profits sponsor housing rehabilitation projects. 3. Local Programs -I. Private Resources/ Financing Programs Cite of National City 111 II) Consolidated Plan National City Community I)evelopinent Commission (I 998/I999 Funding - Approximately $I,000,000). Federal National Moalgage Association (Fanie Mae): a Community I lone 13nyeas Program 20 percent of Agency funds are set aside for affordable housing activities governed by slate law. Loan applicants apply to pan ticipating lenders for the following programs: • Fixed rate mortgages issued by private mortgage insurers. Eligible Activities • New Construction • Rehabilitation • Acquisition • Rehabilitation Repair of Code Violations, Accessibility Improvements, Roost Additions, General Property Improvements • Acquisition • Rehabilitation • New Construction • I Ionic Buyer Assistance 20 Annual flan TABLE 1 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENTACTIVITII?S Program 'I) pe I'rh nIt Resource+/ Financing Programs (continued) City of National City 11111) Consolidated Plan I'roguani Name b. Cunmamill' I Irnue Muill;ugc 1111111 uII 01'ell nl l'rograni c. Fannie Neighbors Savings Association Moi(gage Company hue. (SAM('I )) California Community Reinvestment Col pot anon (CCRC) Federal I hone Loan hank Allindablc I lousing Piogiam 21 RIM Description • Moi (gages which fund the purchase and ichabili(alion of a honk. Low 1)oivn-Payment Mortgages for Single Family I Tomes in underserred low- income and minority, communities. Pooling process to fund loans for all'ot(hide owuciship and rental housing projects. Nun -profit and for profit developers contact member institutions. Non-profit mortgage banking consul limn designed to pi ovidc long lei in debt financing Ibr alti�r(table multi-hLutjI 'email housing. Non-piolit and lur piolil developers contact. member banks. I)iiecl Subsidies to non-ptolit and lin piolil decclopcis and public agencies lot allia (bible logy income owm iship and rental ptojecls Eligible Activities • I Ionic I3uyer Assistance • Rehabilitation • Home I3uyer Assistance • New Construction of single family and multiple family rentals, cooperatives, self help housing, homeless shelters, and group homes for the disabled. • New ('onstrueIion • Rehabilitation • Acquisition • New Construction Annual Ilan B. Activities to be Undertaken Figure 1 shows proposed projects for Fiscal year 1998-99. Table 2 (to be completed after plan is approved on May 12, 1998), Consolidated Plan Listing of Proposed Projects describes the activities National City will undertake with federal funds during Fiscal Year 1998-99 to address its priority community development needs. The description of activities contained in Table 2 includes: an estimate of the number and type of people that will benefit; specific local objectives and priority needs; proposed accomplishments; and a target date for completion of the activity. These activities include: Upon City Council approval, all approved projects and programs will be listed here in table format prescribed by HUD. The City identified all low and moderate income areas as appropriate for the proposed projects (see Figure 1114, Needs Assessment of Consolidated Plan document), and has targeted low and moderate income areas as the focus of proposed projects. C. Monitoring Careful evaluation of the housing and public service delivery system can be the most effective tool in detecting gaps and making appropriate modifications. National City has instituted a monitoring plan for subgrantees using the HUD suggested format. This involves in-house review of progress reports and expenditures, and on -site visits to ensure compliance with federal regulations. The system encourages uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided where necessary. CDBG activities are monitored through monthly appropriations ledgers and progress reports from program managers. In addition, quarterly reports are prepared to track overall expenditure rate. D. Homelessness The City of National City has a strategy to address homelessness that consists of the following activities: Activirv: National City continues to partner with the City of Chula Vista and South Bay Community Services. Inc. to provide a 14-unit apartment building in Chula Vista for homeless persons. Activity: NLAAC provides referrals and emergency services to homeless persons. .Activity: CDC staff continue to coordinate with regional county efforts of FEND. L. AJI !1 Plan ;iu:.a PLC. E. Anti -Poverty Strategy The City will implement its anti -poverty strategy through economic development and job training programs. Implementation will include the following activities: Activity: Support for job creation programs sponsored by county, state, federal, educational. and private sources. Activity: Coordinate with both public and private organizations in economic development and job training programs for youth and adults. Activity: Support agencies, such as the MAAC Project, which help people develop the skills needed to secure regular housing and income. F. Coordination The City will coordinate and implement its strategies through the following activities: Activity: Target available CDBG funding to those areas and population exhibiting the greatest need. Activity: Encourage social service providers to work with developers and CHDOs which receive Redevelopment/City assistance to provide "service enriched housing." Services could include health care referrals, financial counseling, and case management. Activity: Encourage the County Department of Housing and Community Development in its efforts to develop a collaborative system (periodic I-to-2 days sessions), in conjunction with other local governments, nonprofit and private developers, and financial industry representatives. for mutual exchange of information to strengthen the housing development and delivery system. Activity: Assist county, state, federal, education, and private organizations involved in economic development and job training in targeting their efforts toward those areas of National City exhibiting the greatest need. c� CIty S IE3AlILATIQII EE gEhei _ EEQQESTED aj0linistra li Qn-,s P2aaniaa CDBG Administration $ 75,000 II Hung Council of SD Pair Housing Program S 12 50Q Iota1 Administration & Planning $ 87,500 Euk11m_,2211"1££• v ,I1112 cial...t NC After -School Transportation $ 15,725 :1., 111.I.i1,. 1i1.,:, ..igs. Leg,,l C. duuselil,g Serviuoc' 15,000 1"1,1 I,. ,nm, _,:,i,,, N.C. Nutli1 i011 Program $ 50,000 I 11I,. I is . i„1 3,,.I tIcuu Caring Neighbors $ 10,000 I:I/Il. lteucurce Coordinator $ 32,000 L,n I • 11133( <_ .,..taz I. Dept. Graffiti (25% of program) $ 10,875 'I,.,mLe, ..0 C,m11e1c8 B1:dneuu Center Assessment $ 50,000 ,.3I1,.-..1 Ills. Collaborative II. C. Critical lirs Program $ 15,000 II 1,11.:: i. kecreation Dept. Swim Program $ 21,000 lu IJ.. I',III., c kccieatiou Dept. 'Tiny `Pots $ 18,000 II I: 3. lib„ be(,a a meat Neigh. Police (original) $ 126,793 I b '-. P•.I ice D.e1,:.rtnm,d- Neigh. Police (expansion) $ 45,918 13 II C. Public Library Literacy Services $ 86,000 14 l;b F'ilipiu„-Amer. Hum. Fndtn. Philippine Historical Library $ 10,000 li-S ,'.r.us Food Bank of NC Food Transportation $ 15,000 Total Public Services $ 529,311 C,t31'unity Proie211 lS B-, ,u L Girls Club of NC Front Beautification Project $ 11,000 lb H..yu Cu Girls Club of NC Dance Floor Finishing Project $ 5,500 17 Bldg. & Safety Department Graffiti (75% of program) $ 56,625 18 bldg. & Safety Department Housing Inspection Program $ 66,000 19 C'.'fl .. Des, Commission "Q" Avenue Housing $ 300,000 20 Ci,1 Packs Cu Recreation Casa de Salud Park Expansion $ 200,D00 21 CDCcEugiueering Dept. Civic Ctr. Drive/N.C. Blvd. Streetscape $ 500,000 23 Councilman Inzunza Higher Education Facility $ 50,000 23 II.C. Living History Fann Preserve Re -roofing of Stein Farm $ 6,200 24 II. C. C.2:11 al n alive Family Resource Center $ 50,000 25 .lpc cat-i,.II iamahau, Inc. Clinic Building Expansion $ 227 500 Total Community Projects $ 1,472,825 C1Iy CIE _„ 11 yiueeriny Pedestrian Ramps $ 100,000 2"I G,:yinee riluy Misc. Concrete Improvements $ 100,000 28 Engineering Misc. Storm Drains $ 100,000 2, Engineering "L" Ave. Curb, Gutter & Sidewalk $ 450,000 3u EI,liuecr illy Street Lights - Highland (Div. To 8th) $ 50,000 1. I91g i3: eel iuy Neigh. 'Traffic Calming Study $ 40,000 32 I:uylr,c„clay Traffic Signal (24th St. & NC Blvd.) $ 120,000 31 Engineering Alley Improvements $ 100,000 31 I-iullrueel ing Flashing Beacons (eth & "E" Ave.) $ 15,000 11. Iugi u.eri ng Paradise Creek - East End (Env. & Design) $ 60,000 Ji 1.ug1 Inc, iug Improvements to Paradise Valley Road $ 150,000 II Itugiuo c, iuq Stone Drain System Improvement (17th St.) $ 150,000 18 lire Fire Equipment $ 40,000 3, Packs c Rocreat on El Toyon Park Rehab $ 40,000 in Public W"tko Re -roof Camacho Recreation Center $ 55,000 41 lul 1 I c N.,rl.., Re -roof Kimball Senior Center $ 35, 000 i2 Pdblic Idorl:s Lae Palmas Pool Plumbing Rehab. $ 24,000 li Pali., 0 Recreation Camacho Gym Rehab. $ 50,000 11 P:d.1ic Dolts Reconstruct Lao Palmas Score Shacks $ 140,000 Total City GIP $ 1,919,000 GRAND TOTAL. $ 3,90E1,636 0 r uogel igeyay EA EA EA EA EA to O NI to NI to al 4, O , 0) O O O O O p uogeAS!U Wpy pap O1S311032:1 NOIIVNb'1dXJ 1998-99 HOME WORKSHEET H..11I-c 1 Table 3 U.S. Department of Housing and Urban Development CPD Consolidated Plan Support of Applications by Other Entities Report Support Application Funding Source by Other Entities? A. Formula/Entitlement Programs ESG Public Housing Comprehensive Grant B. Competitive Programs HOPE 1 Y HOPE 2 Y HOPE 3 Y ESG Y Supportive Housing Y HOPWA Y Safe Havens Rural Homeless Housing Sec. 202 Elderly Y Sec. 811 Handicapped Y Moderate Rehab SRO Rental Vouchers Rental Certificates Y Public Housing Development Y Public Housing. MROP Public Housing.= CLAP LII-ITC Y Table 4 U.S. Department of Housing and Urban Development CPD Consolidated Plan Funding Sources Entitlement Grant (includes reallocated funds) 1,982,000 Unprogrammed Prior Year's Income not previously reported 0 Surplus Funds 0 Return of Grant Funds 0 Total Estimated Program Income (from detail below) 0 Total Funding Sources: S1,982,000 C,nurli�! Its i "�, ATTAQNENT 4 MEMORANDUM City Manager's Office - National City DATE: May 6, 1998 TO: Mayor and Councilmembers FROM: Park Morse, ACM 4L/l RE: CITY CIP COMMITTEE RECOMMENDATIONS ON CDBG CIP FUNDING CC: Tom As you are aware, the City Council is scheduled to allocate FY 98-99 CDBG funds at its May 12th meeting. In order to assist the City Council with this difficult task, City department heads recently met to review those CIP projects for which CDBG funds are requested. The purpose of our review was to re-examine our submittals to determine if the amount of funds requested could be reduced, and to prioritize the projects so that the Council would have the benefit of our perspective regarding the importance of the various projects. It is important to note that pursuant to the City Manager's budget guidelines, no General Fund funds are available for City capital improvement projects for FY 98- 99. It is also important to remember that where CDBG funding is denied or funded at a lower amount, the project risks not being completed. If the City Council wishes the particular project done without CDBG dollars then that will likely trigger a discussion on use of the General Fund and you can well imagine the difficulty we will all have there due to the lack of resources. It would be my hope that you feel comfortable using the department head recommendations as to priorities and that you adopt a posture of using CDBG resources to their fullest extent, knowing that for City projects there just are not other viable places to go for resources that will accomplish your objectives. All projects were reevaluated using the 10-point criteria contained at the end of this memo. Attachment "A" presents our recommendations. After all projects were reevaluated, the projects were then ranked in order of priority on a scale of 1 to 3, with 1 being the highest priority and 3 the lowest. In addition, the amount file: 050698CDBG CIP doc of funding requested for each project was re-evaluated and reduced where deemed appropriate. Attachment "A" contains a spreadsheet showing our original CDBG funding request for each project, the Housing and Community Development Committee's funding recommendation for that project, the ranking assigned by department heads to the project and, where deem appropriate, a reduced amount of requested funding. The spreadsheet is divided in Priority 1, 2 and 3 rankings. The department directors noted that CDBG funds are also being requested by City departments for projects that fall within the "services" category of CDBG funds. While these projects are important, the department directors did not reevaluate or rank these requests as was done with CIP projects. We trust this information will be of service to you. EVALUATION CRITERIA 1. Does the proposed expenditure satisfy a contractual obligation we are already required to perform? 2. Is the program/project currently funded? 3. If the program/project were not funded by CDBG, would it become an impact on the City's General Fund? Are there matching dollars at stake that would be lost if not for CDBG funding? 5. Do we need to do the project; should do the project, or could we do it later? 6. Is there another funding source we could use instead of CDBG funds? 7. Are there large dollars to be saved if the project is undertaken? 8. Are there safety issues if the project is not done? 9. Could the project be phased over several years? 10. Could the scope of work be scaled back so that less funds would be required? 2 City CIP Committee - Final 1998-99 CDBG WORKSHEET CID DEPARTMENT 17 Bldg & Safely Department 1e Bkla & Safely Department 20 Parks 6 Recreation 26 Engineering 27 Engineering 28 Engineering 30 Engineering 33 Engineering 38 Fire 40 Public Works 41 Public Works 42 Public Works 43 Public Works 29 Engineenng 31 Engineenng 32 Engineering 35 Engineering 37 Engineering 39 Parks 6 Recreation 44 Public Works 34 Engineering 30 Engineering 19 21 22 CPC PROJECTS CDC CDC CDC ATTACHMENT A PRO .RAM Graffiti (75% of program) I lousing Inspection Program Casa de Salud Park Expansion Pedestrian Ramps Misc. Concrete Improvements Misc. Storm Drains Street Lights - Highland (Div. To 81h) Alley Improvements Fee Equipment Re -roof Carnacho Recreation Center Re -roof Kimball Senior Center Las Palmas Pool Plumbing Rehab. Camacho Gym Rehab. 7' Ave. Curb, Gutter & Sidewalk Neigh. Traffic Calming Sludy Traffic Signal (22th SI. & NC Blvd.) Paradise Creek • East End (Env. & Design) Storm Drain System Improvement (17th St.) El Toycn Park Rehab Reconstruct Las Palmas Score Shacks Flashing Beacons (81h 6'E' Ave.) Improvements to Paradise Wiley Road '0' Avenue Housing Civic Clr. Dove/N.C. Blvd. Slreetscape Higher Education Facility QUISIQF TiRQUPS SHARING .IP 6 OML1IJNITY PROJECTS FUNDINQS 15 Boys & GUIs Club of NC 16 Boys S Gals Club of NC 24 N C. Collaborative 23 N C. Citing History Farm Preserve 25 Operation Samahan, Inc. NR=No request Iasi year NF=Not funded last year 4/28/98 Front Beautification Project Dance Floor Finishing Project Family Resource Center Re -roofing of Stein Farm Clinic Building Expansion 23-Apr-98 ORIGINAL REQUESI 55 625 60 000 200.000 100,000 100,000 100,000 50,000 100,000 40,000 55,000 35,000 24,000 50,000 976,625 450,000 40,000 120,000 60,000 150,000 40,000 140,000 1,000,000 15,00D 150,000 165 000 300,000 500,000 50 000 850,000 S 11,000 S 5,500 S 50,000 S 6,200 227 50➢ S 300,200 1:53 PH Capital and Community Project Recommendations CIP COMM. REVISED CIP COMM. RANK REDI IF$ Is 2 $ 2 s 2 S 2 $ 2 $ 2 S 2 S 56,625 03,000 200.000 75,000 50,000 75,000 50,000 50000 40,000 55,000 35,000 24,000 50,000 823.625 I $ 450,000 $ 40,000 $ 120,000 $ 60,000 $ 150,000 $ 30,000 $ 140,000 $ f 990,000 I $ HCDC SHORTFALL FROM ORIGINAL HCQ.QgEC BEQUESI 45,000 $ 45,000 $ 200,000 $ 100,000 $ 50.000 S 50,000 $ 50,000 $ - $ 40,000 $ 30,000 $ 35,000 $ 20,000 $ 25,000 $ 690, 000 100,000 $ - S • S $ $ 30,000 $ $ 130,000 I 3 S 15,000 $ 3 S 150,000 S 165,000 ( $ - $ 50,000 s 50.000 S S S Is - 250.000 $ • $ 250,000 I S S S S S S - $ 5,500 $ - $ 6,200 $ • $ 11,700 $ 11,625 21,000 • 50.000 50.000 100,000 25,000 4,000 25,000 350,000 40,000 120.000 60.000 150.000 10,000 140,003 I 15.000 100.000 300,000 250.000 50,000 Y7-98FUNDINfi 75.500 29,800 150.000 75.000 50,000 25,003 NR NR 30, 000 NF NR NR NF NR NR NR NR NR NR 45,000 NF NR NR 35.1700 NR 11,000 NR NR 50,000 NR NF 227,500 $ 19,850 288,500 $ 19,850 042198 CIPCommRec City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 12, 1998 OLD BUSINESS 5 AGENDA ITEM NO. ITEM TITLE REPORT ON GAS STATION/CAR WASH PROJECT PROPOSED IN COUNTY JURISDICTION ON THE NORTH SIDE OF SWEETWATER ROAD, BETWEEN PROSPECT ST. AND EUCLID AVE. PREPARED BY Ron Santos - Assistant Planner DEPARTMENT Planning EXPLANATION. As directed by Council, staff filed an appeal on April 20, 1998 of the County PERB's action granting Major Use Permit P97-015 for construction and operation of a gas station, car wash, mini -mart, fast food, quick lube, gas station and office space on a site contiguous to the City, in the Lincoln Acres area. The appeal hearing is tentatively scheduled for June 19, 1998. On May 4, the project applicants provided City staff with a plan showing several site design modifications in- tended to address the City's outstanding concerns. The applicants would like the City to withdraw the appeal. The attached report discusses the proposed changes, and provides a brief summary of project developments to date. Environmental Review X N / A Financial Statement N/A Account No. 51*,,FF RECOMMENDATION Consider the attached report and provide appropriate direction..gr BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. I. Background Report 4. Letter to County addressing City's concerns dated 1/14/98 2. Location Map 5. Applicant's Revised Site Plan 3. Applicant's Letter tca BACKGROUND REPORT Since transmittal of our initial comments regarding the proposed project last December. the ap- plicants have made several site design modifications intended to address the City's concerns. A number of those changes, including a reduction in building square footage proposed, acquisition of additional land area from the County, and provision of a significant number of additional parking stalls, were incorporated into the plans approved by the County's Planning and Envi- ronmental Review Board (PERB) on April 9. 1998. Although the approved plans represented a significant improvement from the initial proposal, the project fell short of meeting City parking standards and was subsequently appealed on that basis. Also cited in the appeal was a concern related to inadequate on -site circulation, the need for a more thorough environmental analysis and a potentially flawed traffic study. Both the applicant and the County were encouraged to consider redesign of the project. The most recent plans show substantial improvements over that approved by the County, particu- larly with regard to the provision of additional parking stalls. The proposed number (40) meets and exceeds the number required under City standards (36). However. several of these spaces would be difficult to access due to the configuration of the drive aisles. In addition, the use of drive aisles with one-way traffic flow could make maneuvering difficult in areas surrounding the quick lube bay and immediately south of the gas pump islands. Several problematic parking stalls could be deleted however, without reducing the total number of spaces below that required per City standards. Although the revised plans now call for the provision of a designated loading space. its proximity to a driveway makes it functional only during non -business hours. Other outstanding concerns include the potential need to use parking areas and drive aisles for car detailing, and a trash en- closure which may be difficult for trash trucks to access. The applicants have advised staff that they do not intend to provide car detailing services, despite notes on the plans which describe the car wash as "full service". A letter from the applicants provided as Attachment 3, indicates that they do not intend to sepa- rately lease out any of the proposed office space and that they would be agreeable to a condition limiting its use to gas station/carwash administration. While such a condition would potentially reduce parking demand. it may prove difficult to enforce. The applicants have verbally committed to carry out the amended plan and new conditions. The County has advised, however, that in order for this to be approved. the County Planning Com- mission would need to conduct its hearing and take action. That hearing is scheduled for June 19. 1998. - !NATION'�L CIT'r' PROJECT SITE SCALE: = 100" NORTH E. so LOCATION MAP NATIONAL CITY PI ANNING DRN. DATE: REV SiONS: TEARING: BONITA CAR WASH 3048 BONITA ROAD CHULA VISTA, CA. 91910 PHONE: 619-420-9015 FAX: 619-420-9603 May 4, 1998 City of National City Planning Department 1243 National City Blvd. National City, CA. 91950 RE: P97-015 Sweetwater Chevron. To whom it may concern, Regarding the proposed office space at future Sweetwater Chevron site. The office space is strictly for personal business use. The space will be used for office use and storage space. The space will not be sub -let to another business entity. Sincerely, arks R. Tibbett Owner City of National City Planning Department 1243 National City Blvd., National City, CA 919E0 (619) 336-4310 ROGER G. POST - DIRECTOR January 14, 1998 County of San Diego Department ofPlanning and Land Use 5201 RuhEn•Road, Suite B San Diego, CA 92123-1666 Attn: Bernard Chase, Associate Planner Subject: REQUEST FOR AGENCY RECOMMENDATION ON PROPOSED C_--\R WASH, SERVICE STATION AND ASSOCIAtLD GRADING AT THE NORTHWEST CORNER OF SWEETWATER ROAD AND ELCLID AVENUE; CASE NOS. P97-015 AND AD9 T-056 Dear Mr. Chase: Thank you for providing us with the oppernunity to comment on the above referenced case. National City has considerable interest in reviewing development proposals for this site. It is expected that your office will recognize the legitimacy of the City's interest, in view of the property's location within the City's Sphere of Influence, as well as adjacent to the City and at one of our major entr7ways. Because of the likelihood for future annexation to the City, the proiect applicant should be encouraged to adhere to cur development standards. The applicant should be advised that, in the event of annexation, the proposed development would be considered non- conforming with respect to City standards. As a result, we recommend against approval of the project. It should be redesigned or scaled down. Matters of concern related to the proposed project are described below. It is requested that these be addressed before anv approvals are granted and that we be informed of efforts toward this end. Grading If the site is not immediately developed for the attended use, the grading alone may result in a negative visual effect. Information submitted to us earlier described the project only as a borrow pit. Assurances are thatwill as the site is graded. SS eS :1 . .. development occuror immediately.herea'_'.e... and that a-prcp .lope treatments. :i.C: in? :1.i1 landscape coverage. be pro\"1Ce._. S9c:d1 Paper Parking 71rd _..culat:on The number of parking spaces proposed for the site is not adequate. The City would require a total of 39 on -site parking stalls based on the parking space to floor area ratios shown in :he following chart. Proposed use Proposed area City parking 4 of spaces standard* recuired* iccd-mart fast food orice space lube bay car wash bay Total: 2700 sq. ft. 500 sa. ft. 3410 sq. ft. 1040 sq. ft. 1900 sq. ft. 1/250 sq. ft. 1/100 sq. ft. 1/200 sq. ft. 1/300 sq. ft. 1/300 sq. ft. 3 11 5 13 39 *Required spaces are rounded up to the nearest whole number for each use. A 12' x 50' designated loading space is also needed. Although it is stated on the plan, (under the heading of Project Data), that 15 "empiovee/visitor'' stalls and 16 customer stalls will be provided, the site plan shows only 9 on -site designated parking stalls. This is significantly less than the minimum number of spaces recuired for the site if the project were subject to conformance with City of National City parking standards. Concerns related to the deficiency in parking spaces are magnified by the fact that the two spaces proposed south of :he food mart building would be inaccessible except to vehicles exiting- the car wash. The location of these two spaces and the adjoining drive aisle (leading from the car wash exit) pose an additional constraint in that this aisle may be blocked by vehicles queued to exit the site at the Sweetwater Road access drive. This situation may be compounded if the curb cut is moved in efforts to comply with requirements for right-of-way improvements specified below. (See 42 on the list of requirements from the National City Engineering Department, provided at the end of this letter.) The deficiency in parking stalls creates a potential need to use adjoining City streets and commercial properties :o meet the paring needs of the service station and commercial or ice space proposed. Ot`•er on -site circulation concerns The C: also recommends redesignof thesitecirculationwi th in orderto improve on -site respect tc the area surrounding :he quick Tube bay. The proposed drive aisles on both Sides __ this = are '.vice enc _n for one-way frog__.., oniv However, the need to access :'le parkinu a:ea. t: the aar '"VaSi.:ufine: and .entranceanal etc at ' .up.. _ - ... .......__.,_t_ ..,.`.�,_.tra.=-7..cCircoiction be hampered inadequacy of :he turning radii in the driveways around the quick lube bay. :also, cars may potentially be parked within queuing areas for the lube bay, the car wash and the gas pumps. This would further restrict :low in the driveway area. A constant flow of vehicles should be anticipated through :he site, typical of gas stations with mini -fast feodifcod mart businesses. The on -site circulation, as well as access from Euclid Avenue, requires use and development of right-of-way to the east of the property. Please clarify the ownership of this right-of-way. Plans indicate most of it is in the County's jurisdiction and a portion is 305 Freeway right-of-way. Freeway -oriented sign In recognition of the importance of maintaining a positive image of the City, we have instituted policies which emphasize the need for special treatment of signs at major entry points to the City. The City's General Plan makes reference to the vicinity of the subject. site as a major entry point where such policies are applicable. The proposed 90' tail freeway -oriented sign is significantly taller than would be permitted under the City's regulations. These would restrict the height to no more than 75 fr. However, a lower sign would be encouraged. It is recommended that the height of this sign be reduced to one no greater than necessary to afford a reasonable vision clearance from vehicles traveling on the freeway. Engineering design data and drawings which demonstrate the need for the sign height should be considered prior to approval. Setback requirements A 10 ft.-.vide landscaped front setback, not including right-of-way and parkway areas, is required in the City's CG, General Commercial, zone. The site is prezoned CG. Plans for the proposed project show a six `Cot wide landscaped front setback along :.test of the site's S werwat street er Road s�.e.,. frontage. Undergrounding of utilities Should the project be approved, the City recommends that conditions be imposed which require that ail electrical, telephone and similar distribution service wires be placed underground (as is required for development projects in the City ofNationai City). Limitations on use The use of :he prcperry should be strictly limited to those identified on the plans provided to the City of National City for review. Any expansion of the fast-food use beyond the 500 scuare foot area depicted on :he plans shouldbe strictly prohibited. The Carr also recommends against any sewing -elated :o :he fast-food use. Also, use of the lobe bay for any service '.verk other than cii changes and minor repair work should be prohibited. Note that a _ general� automotive repair business would net be permitted at this site onder the provisi ns cf National Ci^- Landanp �-Use Code � abie upon annexation). Environmental review It is also requested that the City be informed of any determinations made with regard to CEQA review and that we be provided with copies of any related documents (i.e. initial study, negative declaration, Ea). Please provide this information sufficiently in advance of any pubiic hearings on the project to allow City staff an opportunity to review and provide additional recommendations. National City Engineering Department requirements 1. A tr1r^c study is required to address the project impacts on Euclid Avenue, Sweereater Road and Prospect Street. Provide an alternate driveway location on Sweetwater Road. This driveway must be limited to right turns only. 3. Depending upon the location of the driveway on Sweetwater Road, a center median island may be required. 4. A sidewalk and pedestrian ramp must be provided on the north side of Sweetwater Road. A separate construction permit from National City is required. 5. A letter of permission from the City is required for off -site work and grading at the corner of Euclid Avenue and Sweetwater Road within City right-of-way. 6. Plans showing sewer connections must be provided. Abandon the septic tanks and back -fill. A sewer permit and'er payment of sewer fees to National City will be required. Ne.v sewer laterals in City right-of-way shall be six inch in size. A sewer agreement between County and City is also required for access to City's sewer. Obtain an Industrial Waste Permit from City of San Diego for discharge of car wash waste -water into public sewer (if any). Submit a letter from San Diego Metro Sewer District to National City addressing the car wash connection. No connection or discharge to storm drain will be Ter fitted 7. Drainage must be addressed on plans provided to the City for review. All proposed catch basins shall be equipped with special filtering devices to prevent pollutant runoff into the street gutter and pubiic storm drain. 8. A storm water pollution prevention plan must be submitted. Also provide measures for prevention of construction site erosion and sediment runoff during grading. Incorporate these measures into the grading plan. 9. City streets are to be kept clean and free of spillage or dust due to earthwork or hauling operations. 10. All work to be ^er_ormec ... City right-of-way will require.. a constrcc ion bond, a contractor business license. a contractor ce:':ficate oI liability insurance for S .00C.2CC naminc the Cry additional insured. and a tra_:c control plan for he improvements S. .. ...... i 1. A ccm- etion bona shcu.d be required for all on -site ,grad: 12. If the site is to remain vacant for an extended period of time following grading, non - irrigated hydroseeding should be used for all areas of ground, including slopes, affected or disturbed by the grading. 13. Resubmit the grading plan to this office for a re -check, incorporating all of the aforementioned requirements. 14. The City of National City shall be given a minimum of 48 hours notice prior to start of the grading construction on this property. The contractor shall obtain the City permit for work'in the public right-of-way prior to starting the grading construction. National City Fire Deoartment requirements 1. Required fire flow may be as high as 2,750 gpm for two hours with a 20 psi residual depending on the construction type. 2. Canopy height is required to be a minimum of 13 feet, 6 inches. If you have specific questions on National City Engineering Department requirements, please contact Sam Arabzadeh Assistant Civil Engineer, at (619) 336-4380. For further information on the City's Fire Department conditions, please call Don Condon at 477- 4272. Otherwise, please call Assistant Planner Ron Santos at (619) 336-4310 regarding any questions related to the matters discussed above. G. Post Planning Director cc: Gary L. Pryor, Director, Department of Planning and Land Use City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 12, 1998 AGENDA ITEM NO 6 l ITEM TITLE NOTICE OF DECISION - PLANNED DEVELOPMENT PERMIT FOR A 159,500 SQ. FT. EXPANSION OF GROSS LEASABLE AREA TO PLAZA BONITA SHOPPING CENTER, AT 3030 PLAZA BONITA ROAD. APPLICANT: WESTFIELD CORPORATION CASE FILE NOS.: PD-1997-4/IS-1997-5, SEE ALSO A-1997-3 PREPARED BY Harold Phelps DEPARTMENT Planning EXPLANATION. The applicant proposes to add 159,500 sq. ft. of gross leasable area to the Plaza Bonita Shopping Center. The proposal includes 18-theaters, a restaurant, garden center and other retail areas. Attached to the mall will be a major expansion area on the east side consisting of the theaters, a restaurant, and two retail areas. Detached will be the garden center in the northeast parking lot (where the maintenance building is presently located), and a new retail building in the northwest parking lot. The additions are intended to draw more customers and strengthen the viability of Plaza Bonita as a regional shopping center. The proposal will be consistent with the City's design guidelines. The Planning Commission approved the Planned Development Permit on April 20 after a continuance from the meeting of March 16. During this period, the applicant was able to address concerns of neighboring residents and refine the concept plans. Design changes included reducing the proposed theater building height from 80 ft. to approximately 62 ft. This wing will be approximately 20 ft. higher than the existing mall. Additional design review will be required by the Planning Commission before final building plans are approved, since proposed concept plans were not submitted for the satellite buildings or restaurant. Conditions of approval were also revised or added to address neighbors concerns about noise, property values, traffic, views, crime, and air quality. For example, condition No. 24 requires the developer to cooperate with adjacent residential property owners to provide noise attenuation. A Code amendment on parking standards for the shopping center was also recommended for approval. A public hearing for this is also on this agenda. Environmental Review N/A Financial Statement N/A A Negative Declaration (IS-1997-5) was adopted. Account No STAFF RECOMMENDATION Staff concurs with the Planning Commission's decision.A'��-' BOARD/COMMISSION RECOMMENDATION Planning Commission voted to approve the Planned Development Permit. Vote: Ayes - unanimous ATLCHMENTS (Listed Below) Resolution No 1. Resolution 2. Location Map A-2:0 1!0.r. oiac, RESOLUTION NO. 3-98 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA. APPROVING A PLANNED DEVELOPMENT PERMIT TO EXPAND PLAZA BONITA SHOPPING CENTER AT 3030 PLAZA BONITA ROAD APPLICANT: WESTFIELD CORPORATION CASE FILE NO. PD-1997-4 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for the addition of 159,500 gross leasable sq. ft. (a 16 percent increase) at the regularly scheduled Planning Commission meeting on April 20, 1998, 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. PD-1997-4 and IS-1997-5, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health. safety. and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 20, 1998, support the following findings: 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. That the site for the proposed use is adequate in size and shape, since mall expansion will be fully integrated with the existing 70.41 acre commercial shopping center site and mall buildings. The expansion will conform with all Land Use Code requirements. The expansion areas will replace or he adjacent to existing mall buildings. 3. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the shopping center has sufficient frontage on and access to Plaza Bonita Road. a roadway of adequate capacity to accommodate the additional traffic the mail expansion is expected to generate. A new traffic signal will be installed at the most southerly driveway (driveway No. 41. where anticipated traffic is expected to increase significantly. The signal will relieve potential congestion due to the mall expansion. That the proposed use will not have an adverse effect upon adjacent or abutting :roperties. since the mall expansion is composed primarily of appendage structures, and ^.yo satellite structures. One satellite structure, a retail component. is significantly distanced from adjacent or abutting properties. The proposed theaters. restaurant, garden center, and the two other retail components will be near residential homes. However, the design of these structures will shield residents from the adverse noise and visual effects. Additional measures, such as sound barriers, walls, fences, and screening devices are being implemented to minimize the potential for any adverse effect upon adjacent or abutting properties. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide new entertainment and retail uses satisfying market demands, and resulting in a more viable center. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-1997-5, together with any comments received during the public review process. and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: 1. A grading and drainage plan shall be submitted which will show all of the proposed and existing on -site and off -site improvements. The plans shall be prepared by a registered Civil Engineer. In particular. the plans shall show the following: finish floor and grade elevations, percentage of slope drainage away from building. all catch basin downspout and storm drain connections. and the parking lot reconfiguration. The plans shall also show existing off -site improvements. such as power poles, traffic signal pull boxes, etc. In the area of the proposed Garden Center. show the existing rock -filled channel adjacent to the proposed site. and indicate the distance from the proposed garden center. It may be necessary to make improvements to the channel. if affected by this development. Checklist for preparation of the grading and drainage plan is available at the Engineering Department. The plan shall include measures for prevention of construction site erosion and sediment runoff into public storm drain system. 2. Additional fees for sewer overflow will be required. The method of sewage collection and disposal shall be shown on the site plan and the grading plan. 3. All existing easements. or sewer and drainage facilities. shall be protected romanbuilding encroachments. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance of five or more acres. A notice of intent to be covered by the general permit must be filed prior to the start of construction. The NPDES permits are to be issued only by the State. 5. A plan check/inspection deposit is required. 6. A performance bond shall be submitted prior to approval of any permits. 7. A work permit for all grading, paving, and off -site work shall be obtained from the City Engineer's office. 8. All existing curb inlets on -site and off -site shall be furnished with special no dumping tiles in accordance with the NPDES program. (two inlets on Plaza Bonita Road, one on Sweetwater Road. and several inlets in the shopping center parking lots). 9. The bus stop areas on Sweetwater Road. east of Stockman Street. shall be upgraded to standard bus zones, in accordance with the Metropolitan Transit District Board (MTDB) standards. This work shall include the provision of red zones for no parking. 10. Due to the project impacts on on -site traffic circulation. and the resulting changes to the existing striping, the recommendation measures for the reconfigured parking lot shall be further reviewed and revised as necessary by the Engineering Department. 11. Prior to the issuance of a building permits. a lot line adjustment plat prepared by a Civil Engineer or Land Surveyor shall be submitted to the Engineering Department for approval of the proposed interior boundary adjustments. The lot line adjustment shall follow the requirements of the Engineering Department. 12. Provide plans which show the lane widths for the Ring Road modifications, and the employee parking stall dimensions. Any proposed changes to the intersection of Ring Road and Sweetwater Road shall be shown. As advised in the letter from Kimley-Horn and Associates. dated April 15. 1998. and to ensure that Ring Road functions adequately, the parallel parking and travel lanes shall conform with the following requirements, and be may be subject to further review and or changes to meet the satisfaction of the City Engineering Department: • Compact size parking on Ring Road shall be designated for employee use only. An implementation plan (i.e. decals for employee vehicles. etc.) shall be submitted to ensure use and enforcement. • Standard size parking spaces may be used by customers and shall be striped with dimensions to meet Land Lse Code requirements. • A 9 ft. wide parking lane adjacent to a 13 ft. wide travel lane, a 10 ft. wide left -turn lane, and a 12 ft. wide travel lane, as suggested by the traffic consultant. • Avoid parking near intersections, particularly at mail entrances where traffic volumes are heaviest. • Provide adequate turning radii at all driveway locations to ensure that right -turns can be accomplished without encroaching into the opposing direction of travel. 13. A new traffic signal shall be installed at the intersection of Plaza Bonita Road and Driveway No. 4. The traffic signal shall be coordinated with the existing traffic signal at Plaza Bonita Road and Bonita Mesa Road. 14. Mitigation of school impacts shall be made per California Government Code. If the school district can establish a rationale to the satisfaction of the Planning Department_ the developer shall be required to annex into the Community Facilities District (CFD) No. 10. of the Sweetwater Union High School District. 15. Plans submitted for building permits must comply with the 1994 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the 1993 National Electrical Code. and State Title 24 Energy and Handicapped Regulations. 16. Plans submitted for building permits must comply with the 1994 Uniform Fire Code. 17. Construction of the proposed expansion shall be limited to the hours of 7:00 a.m. to 7:00 p.m. in accordance with the City's Noise Ordinance, unless unique circumstances are determined by the Planning Department to require later or earlier operations. 18. For all delivery sites, the developer shall be required to post signs stating no idling. after 10:00 p.m." for trucks while unloading. (This condition does not affect the operation of the trucksrefrigeration units.) 19. Developer shall be required to post signs within the eastern parking lots of the shopping center stating "City Noise Ordinance is in Effect. Violators will be Cited." 20. Queuing of trucks on the east side of the mall when approaching the loading dock to the proposed retail expansion below the theaters shall be prohibited. A plan shall he submitted to the satisfaction of the Planning Department explaining measures. including posting and operating procedures. to carry out this restriction. 21. HVAC equipment shall be specified and its design reviewed. Product -specific acoustical infotination shall be utilized and the effects of potential noise exposure shall be calculated. Barriers and enclosures shall be incorporated in building plans and designed .o ensure :at there is no adverse noise effect on the adjacent residential area. l'his anal . sis shall be documented :n a report submitted to the satisfaction of the Planning Department hefore building per --..is for the shopping center expansion are approved. This re: c:7 sha_. also describe re:.a..ements which the developer shall meet to monitor noise :rom. equipment dud ensure that :t does not result in a violation of the City's Noise Ordinance. 22. The developer shall install an 8 ft. high chain link fence along the entire eastern perimeter of the property. Landscape screening and/or vinyl coating shall be required for this fence to the satisfaction of the Director of Planning. In the event the City or Parking Authority decides to install a wrought iron fence along this perimeter, the developer shall contribute funds in an amount equal to the cost of the chain link fence and screening towards the cost of the wrought iron fence. 23. All rooftop equipment shall be shielded from view of neighboring residents. It must be placed within enclosures or behind barriers, such as parapet walls. Exhaust and intake fans shall be oriented away from the nearby homes. 24. The applicant shall provide documentation to the Planning Department of an offer to cooperate with adjacent residential property owners for the purpose of providing noise attenuation, such as noise barriers or improved glazing if required, as referenced in the Noise Technical Report for Plaza Bonita, prepared by RECON. dated February 11, 1998. 25. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 26. All trash enclosures and storage areas shall be in accordance with city standards. All trash enclosures and storage areas shall have exteriors to match adjacent buildings. 27. Exterior walls of buildings. freestanding signs. and trash enclosure to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings. Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 28. A detailed landscape and underground irrigation plan. including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 29. Developer shall be required to retrofit the existing project pylon sign in order to provide the maximum practical shielding of the adjacent residents from direct exposure to neon lights. 30. Except as required by conditions of approval. development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A-2nd Revision. Case File No. PD-1997--. A-1997-3, dated 4/7.98. 31. All wail and freestanding signage for mall expansion areas shall be approved under separate permits. For :he addition to the east side of the mall. the installation of signs on the north and south elevations shall he limited to the sign areas shown on Exhibit A-2nd Revision. Case File No. PD-10Q---�.A-190'-3. dated 4 .98. Signs on the east elevation directly facing residents on Pht:er Drive _hail he non -illuminated. 32. Development plans and elevations shall be submitted for review and approval by the Planning Commission for the proposed 5.000 sq. ft. restaurant. the proposed 4.800 sq. ft. garden center in the northeast parking lot. and the proposed 16.700 sq. ft. retail component in the northwest parking lot. 33. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 34. Use of the property as authorized by this Planned Development Permit shall be limited to a theater complex. a garden center, a restaurant, and other retail uses as allowed in the Commercial Shopping Center (CSC) zone and accordance with the Land Use Code. Development areas are limited to those shown on Exhibit A-2nd Revision, Case File No. PD- 1997-4, A-1997-3, dated 4/7/98. 35. Any proposed market shall have a maximum size of 10,000 sq. ft. 36. This penult shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 37. The Code amendment (A-1997-3) shall be approved before the Planned Development (PD- 1997-4) permit is effective. 38. The applicant shall provide additional speed bumps. subject to approval by the City Engineer. 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 tiled 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 nubiic hearing_. II; (3, f Li- ( I j Lf Cr/ C.r3 f I II CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 4. 1998, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: LARGE, FLORES. VALDERRAMA. DETZER. MARTINELLI. BACA, GODSHALK. MAY-01-96 10:26 FROM.6DIC LC COPE SUBMI'rlED BY VICE MAYOR INZUNZA ID=6192E132782 PACE 2/2 u4/Ju/an ti:35PM;, #201;Page 2/2 MP1- g L+ D1 ' T'T IO j ITEM #7 WHEREAS. Proposition 226 is an initiative on the June 2, 1998 ballot; and WHEREAS, State Controller Kathleen Connell has stated that the it ia_tive ".._will impose significant administrative burden and cost to all California taxpaying employers— both in the public and private sector," and WHEREAS, furthermore, the Controller has also stated that the State may have to audit all deduction proms to determine which deducting entities (health, vision, dental benefits providers, credit unions, etc.) would be affected by the initiative provisions," and WHEREAS, Proposition 226 would shut working Californians out of the political process as soon as the November, 1998 elections because the needless new bureaucratic forms it mandates can probably Dot be developed and implemented prior to the general election despite the Proposition taking effect on July I , and WHEREAS, Proposition 226 creates a new and different set of rules for working Californians while allowing business and corporations EO operate under the old rules therefore further tipping the balRaci- of power, and • W HEREAS, nearly sixty percent of the funding for Proposition 226 comes from out-of- state interests that have other political agendas including enacting school vouchers, eliminating social security and cutting Medicare_ THEREFORE. De it resolved/ that the __ _ � -- .. adamantly o se Proposition 226 on the tune 2, 1998 ballot. L.Ill L'tltIU SUB4IIf'> D BY: MAYOR WAS union -tribune. tIFFF GATEWOOD Found, Orr 10. 1888 JOHN D. SPRECKFI S Pot/ishr, 1RPp.192G COI.. IRA C. COPI.F.Y T' hlislrrt 7928-1947 IAIYIES S. COI'LEY Pahlisher. 1947-797,3 A Copley Newspaper "Ihr Ring of Trail," HELEN K. Cc)rLTY Charrrrran and Pahlishrr KARIN E. WINNER Edda. ROBERI' A. KITI-LE Editor nl Ihr Rdilnrial Page The art of deception Unions spread falsehoods about Prop. 226 Iis pretty obvious that California's union leaders don't believe they can defeat Proposition 226 by de- bating its merits. That's why they are waging the mother of ail disin- formation campaigns to dissuade voters • from supporting the ballot measure. For the past two weeks, Californians I have been bombarded with $2 million worth of television ads claiming, out- landishly, that Proposition 226 will "weaken patient protections against : HMOs, privatize education, and export American jobs." But there is not a paragraph, a sen- tence, or even a word in Proposition 226 about "HMOs" or "education" or "American jobs." The ads are a subter- fuge by opponents of Proposition 226 to divert the unsuspecting public away from the real issue undergirding the ballot measure. And that is this: California unions spend roughly $40 million worth of their members' union dues each year on political activities, without the express consent of the rank -and -file. It so hap- ,' pens that 90 percent of that sum goes to Democratic candidates and causes, yen though one-third of union >useholds identify themselves as epubiican. Proposition 226 would require Cali- fornia's labor unions to receive yearly permission from each of their members before using their mandatory dues for political activity. The measure is sup- ported by not only a majority of the state's nonunion voters but also by a majority of union voters. Because unions throughout the coun- try are so fearful of Proposition 226's passage, hecause the Democratic party is so dependent on union campaign cash, even President Clinton has joined the campaign to defeat the California ballot initiative. At a $5,000-per-plate breakfast this week in Beverly Hills, which raised funds to help pay for the deceptive TV ads opposing Proposition 226, Clinton dismissed the measure as "an attempt to put unions at a disadvantage to other organized groups in the political mar- ketplace and thereby diminish the voice of working men and women." In so speaking, Clinton proved he is no Thomas Jefferson. The nation's sec- ond president declared that "to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and tyrannical." It also violates the law of the land, as the U.S. Supreme Court set forth 10 years ago in the landmark case of Beck vs. Communications Workers of America. The justices ruled that union mem- bers can only be required to pay dues and fees that are directly related to the costs of collective bargaining and con- tract administration. Workers cannot he forced to finance a union's political and lobbying activity. It stands to reason that, if California union leaders truly represent the voice of working men and women, they have no reason to fear a measure that merely requires the consent of these working men and women before unions use their dues for political purposes. - That labor leaders oppose Proposi- tion 226, that they are unwilling to seek the consent of rank -and -file workers before spending their dues on political candidates and causes, shows that union bosses are not as populist and demo- cratic -minded as many pretend. 1, ITEM #8 SUBMITTED BY VICE MAYOR INZUNZA City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 5, 1998 AGENDA ITEM NO 6 i ITEM TITLE PROPOSED SOUTH BAY WILDLIFE REFUGE PREPARED BYPark Morse, Asst. City EXPLANATION. DEPARTMENT City Manager At the April 28th meeting, the City Council expressed an interest in having the proposed refuge discussed at the May 5, City Council meeting. Attached is some background material which was previously distributed to Council. Environmental Review Financial Statement NA N/A Account No TAFF�F ECOMMENDATION Council direction BOARD/COMMISSION RECOMMENDATION None ATTACHMENTS (Listed Below) None Resolution No Planning Update UP✓AI=Td FE3RUARY 199E W! ;P.i S NE''r/ The draft environmental assessment and land protecnon plan are complete for the proposed South San Diego Bay Unit of San Diego Nationai Wildlife Refuge. Boundaries and alternatives nave remained unchanged since we issued the last planning uodate November 99-- Both orthe draft documents have been sent :o anyone '.v ho re.cueszed them. and the comment :encd '.s now open.The documents are also posted on our'-vebsite a:'.vww.rl.)vs-?ov/planning/ pinriarne...!trni. Please let us know if you would like to receive a copy of the final documents. or You will receive only planning updates. PU3L< CP S The workshops will give you an ooporuniry :o ask Questions and submit comments in an :niortnal setting. Each workshop will begin with a short presentation regarding the refuge proposal and the planning process. Staff om local Service off.ces and the Regionai Office :ri Portland. Oregon will be available to discuss the rirorosai. Chula Vista: :sta Na re Imperial Braci': \ L: r.: _ - --. Chula cowde. Pt. Dr., ofandr.e SUB,AI iNC COMMENTS If you have questions or concerns, please bring them to the workshops. call one of the numbers on the "Who to Contact" list. or send us a letter or e-mail message. The comment period is open through n March IL, so make sure we receive your comments by that date. Please provide written comments to Cizaries i. t-: ougiiten, C-iiet, P' rrir.,a End .'!coping 3rcnciz (.-R '7- RE; , 972V.=. %!th Ave.. Porr!and. OR 97 3:- Plecse send e-.mail comments (with "South Bay- n,r,ed in :..e subiec: line) :o r!planning .-ues: nvs.gov or complete the comment form available from our website at .,vw^.v-r.. .vs.govipianning'pinizame.kunZ. Tr E PROPOSAL Tne proposed refuge would protect habitat for hundreds of thousands of waterfowl, shorebirds, and seabirds, and eight animals and plants that are federally listed as endangered or threatened. The wildlife habitat within :he proposed boundary is :he internationa iv:mperan::o -n;srator: The Ser ;ce .:.... rest_ rotec..n7 :_ .,. Sol_... Or.. . Nay-, e......_..-:: 0vvr. ...grog _ tact-_ . �Cr _ — and .... __ __ ^uguar:c_ and a no act:or, a. nsave. Uracer ,tern.:: es A and B.:he Scr..rce eoc!d e tend Na::or.ai prrtec::un :o ail sail marshes and mud:'.ats. the salt ponds. and :he open '.eater :n South Bay :rorn.:he S\ et'.V ate` C.ha^,nei and C:own Cove south. Under Aiternan'-e C. :he Ser%tce would protect :he salt ponds and adjoining sait marsh and rnudfia:s. and :he open water :n South Bay south of E.^:ory Cove and :he Chula Vista Marine Center. Under Alternative A. the Service would protect about 5,000 acres. including over 800 acres of degraded habitats that ,:ould be restored :o enhance wildlife values. Unde. Alternative B. preferred alte rnative, �e:.gat:ve, the Sere ice .vouid protect about 4.750 acres.:nc'.udine almost 600 acres of _ezraced habitats :hat rouid be restored :o enhance --vtidl:fe values. Under Alternative C.:he aiternat: e :ne Ser :ce a rro ved :r.:9 9. :ne _Service 'would protect about 7.000 acres. Abou::69 acres of a.ite:-:a::ve C. are de aced .._....a__ :ha: could oe restored :o enhance Under Alternative D.:he no action alternative. :he Service .would not establish a new refuge in South Bay. PLANNINC SCHEDULE FOR THE PROPOSED SOUTH SAN CI EC'O BAY UNIT Dubuc ocen :ousel Chu_ VEsta __. 1998 _6.:998 26. 1998 998 .a� • Information on the Proposed South San Diego Bay Unit Dean R._ndic. Re. /Ianaser San Diego `. ,';? r_!� U S. ::sit _n :7 6 Laker A_'.e_ue ___. Sutte A Car.sbad. CA 9:r.08 (760) 920-0.68 FAX 760 0 6 Rebecca Young, Re_ _ Manager Tijuana Slough N :v . Sweecxater Marsh NWR U.S. Fish and Wildlife Ser:ice 30 Caspian Way Irnperai Beach. CA 9.___ i6:9l 5-_91. Information on Refuge Planning and Compliance Abbe_: Kucera. Fish and i:clue Bioio_s_st r - S �. �. ..._.. _::d � .ice:..e ,__`; Floor -,-. est Por:anc. �R 9 :::- (_Q.') __ .-65:9 or FAX 503') :_ .-6 :6 : Information on San Diego County Endangered Species' Issues or NISCP Sherry Barret:, Wildlife Biologist Nancy Giiber:. Bioiosist U.S. Fish and `:v ildi: e Se -::be 77:0 Lotter ..;en__ _ t arisba�. Information on Land Acquisitions DRAFT ENVIRONMENTAL ASSESSMENT PROPOSED SOUTH SAN DIEGO BAY UNIT San Diego National Wildlife Refuge San Diego County, California Chapter 1. PURPOSE OF AND NEED FOR ACTION 1.1 Introduction San Diego National Wildlife Refuge (Refuge) helps conserve the rich and varied natural heritage of the San Diego region. The diverse habitats contained within the Refuge boundaries are protected and managed by the U.S. Fish & Wildlife Service (Service) as wildlife habitat for the continuing benefit of the American people (see map 1). The Service proposes to protect the last remaining wildlife habitat in and around the southern end of San Diego Bay as part of the Refuge. The proposed South San Diego Bay Unit of the San Diego National Wildlife Refuge is located within the political jurisdictions of the cities of Imperial Beach. Chula Vista. Coronado, National City, and San Diego. This draft environmental assessment (E_-) evaluates the alternatives for and the effects of establishing an approved Refuge boundary. then acquiring and managing lands within this boundary as wildlife habitat. This assessment will be used by the Service to encourage public input to :he acquisition planning process. and to determine whether the proposed establishment of the South San Diego Bay Unit would have a significant effect on :he quality of the human environment. The environmental assessment is part of the Service's decision -making process in accordance with the National Environmental Policy Act. 1.2 Proposed Action The U.S. Fish & Wildlife Service proposes to establish an approved boundary for the South San Diego Bav Unit of the San Diego National Wildlife Refuge. Once the boundary is approved, the Service would negotiate with willing participants to acquire land within this boundary. Lands acquired or managed ander special agreement would. as permitted and negotiated. be added :o the National Wildlife Refuge System and managed accordinglysection _._ 2). Lands not added :o Si. stem would continue :o be managed '..heir owners. sr,essr---eo : 1.3 Need for the Proposed Action Since the IS50s. the upper i'.vo-thirds of San Diego Ban has been :onvened from shallow, fiat -bottomed ban surrounded by extensive mudf:ats anti salt mar hes :o a series of dredged navigational channels edged by whar','es• snipping berths. doohs, and 'urea n development (Port 1990). In :he past 70 years, urban development and navigational pre_ec:s have _reatly altered or eliminated the natural habitats of San Diego Bay. lNNiner. :o one hundred percent of the shallow submerged lands. intertidaiimudflats, and salt marshes have been eliminated in the north and central Bay areas. About 65 percent of the South Bay's original shallow submerged lands and :39 percent oI its original inter:idalimudflars remain: oniv small remnants of sal: marsh still exist (Port 1990). A major calving area for gray whales until the advent of whaling, the Bay once teemed with edible fish and shellfish. Hundreds of thousands of Brant, surf scoter, and other waterfowl wintered on the Bay (Port 1990). Similar numbers of migrating shorebirds and nesting seabirds arrived each year to nest, rest, and feed in the Bay's shallow water, eeigrass. mudfiats. and salt marshes. Development drastically chanced :he health and productivity of the Bay. Decades of industrial pollution and ra`.v-se',vage ,dumping destroyed the water ❑uality and :he ifag_le, shal!ow- water'Pav-floor ecosystem. Shellfish and edible lisp populations were ?Teat±v red•!c'd. The numbers oI 3o 'e':winte'nu'.Vatertowl dwindled by un :O 90 pe'ce'•t 0Or' '.9901. seabirds and mi acing shorebirds still arriving found suitable nesting sits rest'"cted in :he salt ponds and otter remnant patches on the south end 0i _he Ban. Hundreds oI :hcusands OI m grat:n'd shorebirds. nesting seabirds. and •.vinte':ng'.water"c'vl depend on the South Ba • a vital link in the Pacific Flyway. Massive numbers of birds fly back and forth between the Bay and the agricultural fields, riparian woodlands, and salt marsh of the Tijuana River National Estuarine Research Reser✓e, which lies a short distance to the south. Nearly all of San Diego's shallow water, eel 'ass, mudflats and salt marshes —crucial habitat for many species of birds and invertebrates —have been eliminated except in the South Bay area. These South Bay habitats now receive some indirect protection because of their status as wetlands or navigabie waters. Many types of activities and development cannot occur without regulatory revie'.v and restrictions, However. wildlife needs are nor proactively protected from disturbance unless a federally listed threatened or endangered species :s presen.t. These _feeds include food sources. hiding places, nesting and rearing sites. anti safe resting Places. habitats :e^ :., ,._e South Bay have beer. damaged as _ result Cr- ,on_c,-:_Otivelopment. recreational and .i.. mr ner:.a. cc:.. ices: air. '.waif.r and noise poiiution: a.sturlance edators and other :n., and .... asic'i. 10rir.at:`.-., Fabliats _. _ :dn gr^ (.i, ,. _....mat: Q". IS •J _ �. e. ,_,cc Ba be proactively managed. protected. and enhanced to continue to meet the needs of :he species that depend on them. Undeveloped areas too damaued to provide good habitat need to be restored to provide homes for the species displaced by development elsewhere. in the Bay. Not ail of the original habitat functions of the Bay can be restored. For example, it is unlikely that gray whales would ream to the Bay to give birth. However, the remaining shallow waters. mudflats, and salt marshes could become more hospitable for remaining wildlife. Native species with little remaining habitat, such as light-footed clapper rail, would have the opportunity to increase in numbers if areas that once sustained them are recreated. The Service has an opportunity to counterbalance the heavy development and use of most of the Bay by protecting and reviving the small portion of the Bay where native habitats remain. San Diego, renowned for its beautiful bay setting, attracts over 35 million visitors annually. Hundreds of thousands of people come to San Diego County specifically to view wildlife, particularly birds. The largest and densest concentration of birds in the study area is found in the artificially diked ponds that are owned by the Western Salt Company and used to produce salt (see map 2). It is difficult for Western Salt to accommodate visitors wanting to view this massive bird gathering, and viewing locations with adequate nearby parking are limited. The Service would have an opportunity to work with Western Salt and local community groups, as willing, to establish one or more viewing sites where public access would not damage the area's nesting, resting, and feeding habitat for birds and other wildlife. 1.4 Purpose of the Proposed Action The proposed action has three purposes: 1) To provide the Service with authority to acquire or otherwise protect wildlife habitat under the National Wildlife Refuge System. Protection would follow acquisition (from willing participants) or negotiated agreements (see land protection plan, chapter IV). 2) To provide the Service with the opportunity to manage, enhance, restore, and protect Refuge areas for the benefit of federally listed and other trust species. Specific management activities involving more than minor change will not be addressed by this document (see section 2.3.2). 3) To provide oppo : aniry for the Service to develop compatible wiidlife-dependent recreational activities in partnership with focal communities (see sections 1.11.1 and 1.5 Beckcround Service piannln'c far this Ze.^age ^.;[ ^, ,n : `) . Ju:.has t.pe.en then. The Ser,:ce ,:or„nieted an env ;ronmenta. �s 5 =� sri7".^.0 O' ^^vic'o::Cfl or -south San Dle_0 i:i a Sti;L: Ear :iec: San nviro77-7-e assessr eft vnac.er ''; • A . I ; S • ti " .1. , I • I. r; t r A 0 f I I 03 o CI ,r) U rt: 004 9ort etalortedt, \ A ,k=.1' ot, ' v /_ -tt> ni LrY 1100F'E11BM/ t ' 1'1 I t`' EL U_ tr. UI CI si,_t:ed -finding of No Significant Impact. in 1979 (FWS I979a1. The Service implemented a portion of his decision as Sweer,vater Marsh National Wildlife Refuge, which protects high marsh areas. However, the Service did not implement the lower Bay portions addressing the salt ponds and vicinity (see appendix A). The Service will not implement the 1979 decision without reevaluating the project and updating information. The Service began revisiting the establishment of a Refuge in the South Bay beginning in 1990. In response to input provided at many public meetings. the Service proposed three Refuge boundary alternatives. The Service widely circulated these boundary alternatives in one of the three San Diego Bay Refuge Planning Updates mailed to interested parties over the last two years (see appendix B). While these boundaries were not finalized, they were based on the best information available at the time and were presented to the public during soaping meetings. These boundaries represent the areas of concern to both the Service and the public and appear in the Planning Updates for general discussion and information. In 1995, the Service published two reports on bird use of the South Bay (FWS 1995a. 1995b). As staff analyzed the reports in preparation of this document, it became clear that Alternative 2 (see appendix B), as presented in the updates, would not protect any more important open water habitat than Alternative 3. The information from these reports indicated that the open waters of the South Bay were important habitat for feeding and resting waterfowl and seabirds (see section 3.2.1). The open waters include submerged land. eelgrass. and inundated mudflat habitats. As the Service reevaluated conservation needs, the full study area became Alternative A. Then the Service removed potential restoration areas that had more conflict with other land uses to form a preferred alternative, Alternative B. The Service used the proposed Refuge Unit boundary from the 1979 decision to form Alternative C. Alternative C is included in this EA to contrast the levels of protection provided for the South Bay by the 1979 decision and the 1997 proposal. 1.6 Project Area Tne project area for the proposed South San Diego Bay Unit lies at the southern end of San Diego County, approximately 5 miles north of the border between the United States and Mexico (see map 1). San Diego Bay is a crescent -shaped estuary located about 5 miles north of the Mexico1 C S. border along the California coastline. The Bay is about 14 miles long and nearly 3 miles across at its widest point. Its watershed covers u15 scuare miles. The f-rj110-.acrp prciect area stretches westward From 2 ' �� and the _-th Street Channel to just north of Crown Cove. sou:hward around :he salt ponds. and then northward along the Bays edge. It extends :.sough the jurisdictions of se'. e,ai Local Yovennmen:5. '...coding the ::t:es or mpe:nal Beach Chuia v Coronado. Nat'onal City. and SIInDiego ssass,Ter, Sa _ - 1.7 Decisions To Be Made Based on the analysis documented in this environmental assessment. following decisions will be made by the Regional Director. Region '.. Portland. Oregon: Determine whether or not the Service should establish a South San Diego Ba;- 'nit of :he San Diego National Wildlife Refuge. If so. 2. Select an approved Refuge boundary that. based on the assessment, best fun s :he purposes for establishing the Unit. 3. Determine whether the selected alternative would have a sigrircant impact upon the quality of the human environment. 1.8 Issue Identification 1.8.1 Issue Identification Process In the development of this draft environmental assessment. the Service has compiled with the purpose and intent of the National Environmental Policy Act (NEP.A.; of 1969. as amended. Before the Service developed the draft, scoping activities were undertaken with a varietnj of Federal. State. County. and local governments as well as private droops and individuals see also chapter ). Early in the bianning process for the South San Diego Bay proposal. :he Ser ice conducted nine public meetings and organized a citizens' working group and policy working group to solicit comments and help define the boundaries of the alternatives. The Ser-;ice also used ongoing biological research begun in 1992 to identify issues and help define the boundaries of the alternatives. Public notices, public meetings, personal contacts. telephone interviews, and correspondence were used to gather input on the proposed project. 1.8.2 Issues to be Addressed in Detail These issues are discussed in detail in chapters 3 and 4. Eiolccicai Issues Coastal Ecosystems have degraded to the point that many plant and animal species have been harmed. Ens per e..t .0 L i:__....1's coastal wetlands have been converted to urban or = c_..--..-. rise. Lirld ' d:sa peV.�.:-o;S��__. San lUe .tab;,..._ need restoration. ar.c :rcte_::on fro -- ... ... ...a. _ .it- : _ _ir t: n. `,� ..,. S u... San ;ssessr-eft nesting seabirds_ migrating shorebirds. and wintering waterfowl, intensive recreation and urban activities are disturbing the last remaining habitat. Several threatened and endangered species are confined to a small percentage of their original ranges due to land and marine development practices. Loss of native habitat has led to the decline of several native species that are now federally listed as threatened or endangered. The South Bay is part of the remaining native habitat that must be protected to help recover the populations of these species. The study area contains nesting, resting, and feeding habitat for six listed bird species, and feeding habitat for one listed sea turtle. One listed plant, salt marsh bird's beak. is also found here. The County of San Diego is home to more federally listed species than any other county in the continental U.S. Economic and Social Issues Existing salt works could be affected by the proposal. Western Sait Company contributes to the local economy. There is a concern that the salt works could be affected by the Refuge proposal. The quality of life and familiar activities could be affected by the proposal. Many respondents are concerned about how the Refuge might affect the character of adjacent communities. Of specific concern are effects on existing recreational activities, including ecotouristn. the YMCA Camp Surf, the Bayside Bikeway, and the railroad. Wildlife protection measures could restrict winter boating activities in some portions of the proposed Refuge. Wintering waterfowl need resting and feeding areas that are undisturbed by boat traffic from November through March. The Service would determine where seasonal restrictions on boating would be necessary (see section 3.2.1). These restrictions would, in time, lead to a decrease in areas open to recreational boaters using South Bay waters at certain times of year. The public. especially residents of Imperial Beach. lacks access to the south end of the Bay to fish. to use nonmotorized boats. and to experience the ecosystem. Dung public -neet:ngs and n subsequent corresnondence. residents said the: wanted a public access point in :he south end of :he Ba,. This document discusses :he concept of -an access point or coi,.ts: owe`. e :r.y actual orocesais de. eloped :n a separate planning effor (see sed::on :.' _). access pclnt(s) and'`",idrife-denende.^.t rec.ear:onai ac::`hies would heed :o 5e ..ii . . ..pie .� ....�e pu:-use� t��r �.��;.,:._ :he R;.. �•� '.vas _Sabusn..a see section emsC �- ... ,rertat assessrent MAP 3. BOUNDARY ALT ERNAI iVES, PROPOSED SOUTH SAN DIEC:C BAY UNIT Alternative A Alternative c - Preferred Alternative 1 Silver Strand State Eeacn 2 Area Two 3 MKEG / Fenton Parcel 4 Pond 20 Q 1 2 3 Miles Sentlx -5- " * END OF CONSENT CALENDAR x x ADJOURN ' ENT TO REGULAR AND/OR JOINT MEFT NG OF TF?F. REDEVI I OPMENT AGENCY AL COMMTYNICATIONS This is an opportunity for the subject 'natter within the Counc for public discussion. (State law, from taking action on any issues not i to address the Council on such a suhje Under Oral Communications Form" ay. Clerk prior to the 'meting. Those who wish address for record purposes and follow up act eneral public to address the City Council on any jurisdiction that is not an item on this agenda wever, generally prohibits the City Council • laded on the posted agenda.) If you wish • please complete the "Request to Speak `• in the lobby and submit it to. the City • speak, please give your name and ...` PUBLIC AND RELATED - AND ORDINANCES The following items have been advertised and/or posted as ublic hearings as required by law. If you wish to speak to any item, please fill o the "Request to Speak Form" available in the lobby and submit it to the City Cle prior to the meeting. None submitted. DOARD AND COMMISSION RECOMMENDATIONS This is the tune the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or, Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council staff, or members of the general public. The items will be considered individually by the Council and staff recommendations tray In certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. 016. RF_SO1,1;TION I8989- AUTHORIZING IHI, MAYOR TO TRANS,NIIT COMMENTS TO THE U.S. FISH AND WILDLIFE SERVICE REGARDING THE DRAFT ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED SOUTH SAN DIEGO BAY UNIT, SAN DIEGO NATIONAL WILDLIFE REFUGE IN SUPPORT OF THE ADOPTION OF AN ACQUISITION BOUNDARY WITH MODIFICATIONS - The U.S. May 5, 1998 Rosemary Craig from Sharp Memorial Chula Vista Medical Center - encouraging the council to support the Medical Van pro osal that would service the Chula Vista Elementary Schools. Moot � ff• Bred Resolution 18i89, Alternative,, for approval Padilla offered that it be amended to include the first two paragraphs of Attachment A (page 16-9) of the staff report and the letter from Agenda -6- Fish and Wildlife Service (Service) bus proposed a boundary for a National. Wildlife Refuge for South San Diego Bay. The establishment of the boundary. is the first step in establishing 4,750 acres (land/water area) Refuge for the area. Once the boundary is set, the Service can begin to acquire private lands or negotiate management agreements for -public lands within the Refuge boundary, After acquisition of lands and completion of agreements, the U.S. Fish and Wildlife Service will develop a detailed Iriaaai ernenf plan for preservation and enhancement of resources within the 1Zefuge: Staff recommends approval cif the resolution. (Director of Community DevelopMent) May 5, 1998 Diane Rose, President of EDC, starting ti'ith paragraph L Approved as amended 5-0 Mayor Horton called a recess at 7:30p.m. Council reconvened at 8:I5 p.m 17- RESOLUTION 18990 - APPROVING TkIL CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 1998/99 INCLUDING BOTH THE FISCAL YEAR 1998/99 COMMUNITY DEVELOPMENT . BLOCK GRANT (CDBG) AND lilt HOME LNVESTMENT PARTNERSHIP (HOME) PROGRAM BUDGETS AND AUTHORIZING TRANSMITTAL OF THE FISCAL YEAR 1998/99 CONSOLIDATED ANNUAL PLAN TO IFik. U.S. PARTMENT OF HOUSING AND URBAN DEVELOPMENT On 4/7/ Council held a public hearing to review and receive public comment on the dra - Consolidated Annual Planfor fiscal year 1998/99 and rn reVIeW all projects programs being considered for CDBG and HOME 'funding. The 30 day comment period to review the draft Consolidated Annual Plan, began on 3/21/98 and ended on 4/21/98. All public comments received by staff during the 30 day comrue riodr have been considered and, if deemed appropriate, incorporated into the teal version of the Consolidated Annual Plan_ Staff recoriAne.ods approval of resolution. (Director of Community Development) 18. RESOLUTION 18991 RE-E. RSTNG THE STTTNG OF THE UNIVERSITY OF CALIFORNIA C US TN CI3ULA VISTA - Connell has previously approved a site in'he Otay Tell project fora public university, anti has approved a resolution in support of d flung this site as a University of California campus. Sniff recommends approv of the resolution- (Director of Planning) ITEMS PULLEL, FROM THE CON>EN 77iis is the time the City Council will discuss items which have been r oved from the Consent Calendar. Agenda items pulled at the request - the pub will bc considered prior to those pulled by Counellnrembers_ OTHER BUSINESS 19. CITY VI,.S RFPORT(S1 A. Scheduling of meetings. Rindtne offered that Resolution 18990 be antertded as fullaws: That Item 421 be deleted and staff find a way, to redistribute the .$10,000; that 56,650 be deducted from OtaY Recreation and be redistributed - $2,500 to St, Charles Nutrition Center, 52,000 to Thursdays Meals, and 32,250 to the Boys & Girls Club. Approved as amended 5-0 Rindone offered Resolution 18991. Approved 5-0 Rowlands suggested that the GMOG- nreeting be heel May Id, and the Budget process he presented to the public June 9, ivylt council hearings on June11, 17, . 8at5:30p.m, and presented June 2~3'or adoption. SUBMITTED BY: Councilwoman Zarate ITEM #9 HANDGUN CONTROL ONE MILLION STRONG ... working to keep handguns out of the wrong hands. FOR IMMEDIATE RELEASE Media Contact: March 31, 1998 Susan Pollock, 235-9167 PROPOSAL TO LIMIT CHILD AND TEEN ACCESS TO FIREARMS WINS APPROVAL OF COUNTY SUPERVISORS A county proposal to require gun dealers to furnish child safety locks and safe storage information with every firearm they sell passed its first test today when it won the unanimous approval of the Board of Supervisors. In an effort to protect children and teenagers from firearm death and injury, the board directed counsel to draft a safety lock ordinance similar to that passed earlier this month by the city of San Diego. Once the ordinance has final board approval, the county will join 23 local jurisdictions across the state who have passed child safety lock laws to prevent young people from gaining access to guns. In a 1993 survey, the Harvard School of Public Health found that 59 percent of the middle school and senior high students polled said they could get a handgun if they wanted one, and two in three knew where to get a handgun within 24 hours. "The government mandates child -proof caps on aspirin bottle and child safety seats in automobiles -- ail in the name of protecting our nation's young," said Stan Foster, a member of the board of directors of Handgun Control, Inc. and chair of the San Diego Committee Against Handgun Violence. '-I applaud Supervisors Greg Cox and Ron Roberts for proposing this measure, which will protect children from wanton gun violence. "It's hard for me to understand how the gun lobby and dealers justify their resistance to these child safety laws. A simple trigger lock can be purchased in virtually any gun store for as little as S10.95. This is a small price to pay to save a child's life," Foster said. Nationwide, most of the 14 children and teenagers who die everyday in unintentional shootings, gun homicides and suicides would be alive today if more gun owners would store their guns unloaded and locked. However, the National Institute of Justice has found that 55 percent of handgun owners keep their guns loaded, and 34 percent keep them loaded and unlocked. Leaders in the medical community, the clergy, law enforcement, child advocacy, the PTA, the League of Women Voters and a host of concerned citizens joined forces with Handgun Control. Inc.. to ensure today's vi,:tory The C:v Council and Board of Supervisors are calling on other cities in the county to pass similar laws. 0- Handgun Control, Inc.. 705 12th Avenue, San Diego. California 92101 • (619) 235-9167 • FAX (619) 233-6682 .095( W Plco Blvd.. Suite 100. Los Angeles. CA 90064 - 13101 445-0056 • FAX 13101 375-5147 225 Eve Street. NW. Suite 1100. Wasrnngron DC 20005 • (2021 898-0792 • FA Y 2021 37'-9615 n.) UNION -TRIBUNE ■ TUESDAY, MARCH 31, 1998 OPINION nconveniences' keep our kids safer mane Hoffman rom Oceanside to San Ysidro, Bor- rego to Coronado and all points in be- tween, parents do their best to keep children safe from drowning in swim - pools, eating poisons or sticking tiny fingers in electrical sockets. e tiny fingers can also pull the trigger un, and we need to do all we can to them from doing so. searchers found that 25 percent of 3- ear-olds and most (70 percent) 5- to r-oids can pull the trigger of nearly :he handguns commonly sold in this y. According to the County Emer- Medical Services, during 1994 to firearms killed more children 19 of age and younger than any other f injury, including motor vehicle s, drownings, fires, bicycle crashes Isonings. While much has been done 1v to reduce childhood injury and by cars, pools, burns and bikes, we it do a good deal more to prevent n injuries and deaths. county Board of Supervisors has portunity today to change that. nan Gregory Cox and Supervisor oberts are to be commended for ig forward a recommendation that require licensed gun dealers to IAN is coorainator of the San Diego as Coalition. a group of about 50 local a, wnicn promote child safety. store and sell every firearm with an in- stalled trigger lock device. The city of San Diego recently passed a similar ordinance, but the support of the Board of Supervi- sors and other cities in San Diego County is necessary if the city's ordinance is to make a real difference across the region. As a mother, I am very aware of the ev- eryday little inconveniences I have to con- tend with in order to keep my children as safe as possible. Adults all over the county are "inconvenienced" by buckling our kids into car seats, putting fences around swimming pools, alarms on doors, guard rails on upstairs windows, gates on stair- cases, latches on cupboard doors. covers on electrical outlets and having to iine un child safety caps on medicines and cieaning products. Nevertheless. we do ail of these things anyway — ail in the name of protecting our children. Gun owners have a similar responsibili- ty to make sure their guns have locks on them so kids can't accidentally fire them. Many tragedies could be avoided if only a gun had been unloaded and locked up. Put- ting a lock on the trigger of a gun might be an inconvenience, but we should do it any- way for our children's safety. In fact, many handgun manufacturers agree. Last October, they announced that they would provide child -safety locks with their firearms by the end of this year. There are already 23 companies. includ- ing Smith & Wesson Corp., Beretta USA and Glock, that have begun providing these locks, which cover about 80 percent of the handguns sold in the United States. With gun manufacturers from around the country already on board, there is na question that this is a good idea for San Diego. This should be a "no-brainer" for the Board of Supervisors. Over the years. the county has participated in the San Diego Safe Kids Coalition and supported our ef- - forts to reduce injuries to children. wheth- er the injuries occurred because of a car crash. while crossing the street or riding a bike. while participating in sports and re • - creation, from drowning, falling, ingesnr g. poison or choking in the home. In July 1996. the Board of Supervisors — all of whom are still members of .e ooard — endorsed the coalitions action plan, which included our goal to reduce the number of children unintentionally . - ured by firearms. Those prevention measures included the use of trigger locks. Today, the board can move forward by approving the mea- sure to draft the ordinance and develop a health promotion and education campaign - to help reduce accidental gun injuries and deaths. We must all come together — doctors. parents, gun dealers, gun owners. teachers, ministers and law enforcement — to safeguard our children. Working to- gether we can ensure that a "tittle incon- venience" will go a long way toward pre- venting accidental gun deaths and in cries. Qc_7 9 Spare the kids Handguns should have trigger locks The story is tragically familiar: that rank among the 10 largest produc- A kid rummages through his ers of cheap handguns known as Satur- parents' bedside table and dis- day night specials. covers a loaded handgun. Per- Sen. Barbara Boxer, D-Calif., is haps he's with some friends urging the holdouts to join other re- and wants to show off by pretending he sponsible manufacturers in helping to knows how to handle the weapon. In the stem the tide of children who are killed course of show -boating, he squeezes the or maimed by handguns. She has intro - trigger and accidentally fires a round. duced a bill to require safety devices on To his horror, the shot blows a hole in all handguns. But the measure is going the head of a friend. nowhere, largely because of opposition That grisly scenario is piaved out from congressional Republicans and the thousands of times each year as unsus- National Rifle Association. pecting children are killed or maimed by The NRA reflexively opposes trigger accidental shootings. Each day, about locks, calling them an impediment to 16 kids, 19 and un- ::; "T" individuals who re - der, are killed by guns in accidents, suicides or murders. in fact, the rate of firearm -related ^-eaths among chii- ren up to 14 years aid is nearly 12 times ! higher in the United States than in 25 other industrialized nations combined. Revolver with trigger lock_ quire ready access to a handgun for self- protection. Never mind that the Cen- ters for Disease Con- trol and Prevention estimates that ap- proximately 1.2 mil- lion kids who come home to empty hous- es after school have access to loaded and This carnage helps explain why more unlocked firearms. Or that the National than a dozen cities and other jurisdic- Institute of Justice says that 55 percent dons are pushing for laws requiring gun of handguns are kept loaded. manufacturers to provide a trigger lock Last August, Smith & Wesson, the with every gun. Many of these fatalities world's largest handgun manufacturer, could be prevented with this small safe- voluntarily agreed to provide a trigger ty device, which fits inside the trigger lock with every handgun it sells to the guard and costs about $10. public. With seven other makers agree - President Clinton has achieved a ing to do the same, about 80 percent of breakthrough of sorts by persuading handguns sold will now be equipped eight major gun manufacturers to pro- with locks. If the remaining handgun vide trigger locks on their lethal prod- manufacturers in California follow suit. acts. Regrettably, the voluntary accord thousands of children could be spared :s missing four California companies the tragedy of an accidental shooting. HANDGUN CONTROL ONE MILLION STRONG ... working to keep handguns out of the wrong hands. CHILD SAFETY LOCK LEGISLATION President Clinton. in his February 1997 State of the Union Address, urged passage of child safety lock leislation. Why do we need child safety lock legislation? Every day in America, 14 children, age 19 and under, are killed with firearms. Many of those deaths -- accidents, suicides; and homicides -- are preventable. One of the best ways of preventing them is to keep children front gaining access to a gun in the home. Public opinion surveys reveal that almost half of all households own firearms and that, regrettably, a substantial number of gun owners improperly store their weapons, leaving them loaded, unlocked or both. A May 1997 study sponsored by the National Institute of Justice showed that 55% of all handgun owners keep their handguns loaded, and 34% keep a handgun that is loaded and unlocked. 1 The Centers for Disease Control and Prevention (CDC) estimate that nearly 1.2 million latch key children have access to loaded and unlocked firearms. It is no surprise. therefore, that children and teenagers cause over 10,CC0 unintentional shootings each year in which at least 800 people die. In addition, approximately 1.900 children and teenagers attempt suicide with a firearm every year. Over three -fourths of them are successful. According to a February 1997 CDC study, the rate of firearm deaths among children 0 to 14 years of age is nearly twelve times higher in the U.S. than in 25 other industrialized countries combined.: Mandating the sale of trigger locks or other safety devices with each handgun purchase is an important first step in educating the public about the dangers of guns in the home and addressing these alarming statistics. What is a child safety lock? firearm. A trigger lock or other safety device that is designed to prevent the unauthorized use of a How does a trigger lock operate? Designs vary, but the most common form of a trigger lock is a specially designed mechanism, similar in design to a padlock, that wraps around the trigger and immobilizes it. Before the trigger lock is applied, the ammunition must, for safety reasons, be removed from the gun. To unlock it, a key is required. What is meant by a "personalized" gun'? A "personalized" gun uses one of various mechanisms designed to prevent the gun from being fired by unauthorized users. The safety system can be as elaborate as a computer chip or radio transmitter, or as simple as a combination lock. The Saf-T-Loki for example, is a basic push-button combination lock incorporated onto the handle of a gun. If the three or four -digit code is not properly set, the gun will not fire. The Saf-T-Lok can be used to retrofit and protec: most existing guns from unauthorized use. L'niike a trigger lock, the -personalized" mechanism is an integral part of the gun and does not have to be actively applied by the user to be effective. (more) Handgun Control, Inc.. 705 12th Avenue, San Diego, California 92101 • (619) 235-9167 • FAX (619) 233-6682 10951 W ?,co Blvd.. Style 100. Los Angeles. CA 90064 • 1310) 445-0055 • FAX t317, 475-5147 225 Eve Street. NW. Suite 1100. 'Wasmngton, DC 20005 • !2021 898-0792 • 'FAX 2221 27'-9615 How expensive are these safety devices? A simple safety lock can be purchased in virtually any gun store and retails for S10.95 or less. The Saf-T-Lok currently retails for S89.95, but as the market for this product increases, the cost is likely to decline. Since none of the leading gun manufacturers are mass producing "personalized" guns, no one knows for certain how much cost would be eventually added to the retail price of a handgun. Are these safety mechanisms reliable? Yes. A number of the technologies have been tested under government contract at Sandia National Laboratories in New Mexico. The project was funded by the National Institute of Justice in April 1994. The study concluded, "The consensus among law enforcement officers is that a smart gun is a good idea and could be very beneficial to their work, if it will meet their requirements. There is a desire by many to have a more secure firearm available for use by law enforcement officers. Others would like to have more secure firearms available to the general public." Are child safety locks and "personalized" guns currently available to the public? Hundreds of thousands of gun owners have purchased child safety locks to protect their guns from unauthorized use. Saf-T-Loks are relatively new on the market but gaining in popularity. Other types of "personalized" guns, such as the SSR-6 and the Magna -Trigger are also available to consumers. The SSR-6 is manufactured by Fulton Arms, Inc. of Houston, Texas. Tarnheim Supply, a New Hampshire company, installs the Magna -Trigger device on handguns. Both guns work with a magnet implanted in a ring which, when worn by the user, allows the gun to fire. In addition, Colt Manufacturing Company, Inc. has created a "personalized" gun prototype based upon a design reviewed by the Sandia National Laboratories project. Do police officers use child safety locks? Many do. More should. In 1996, after a tragic shooting in the home of a Washington, DC police officer, the manufacturer of the officers handgun provided the DC police force with 4,000 chamber locks so that all of their officers could be protected. In March 1997, President Clinton directed federal agencies to provide their law enforcement agents with child safety lock devices. Do law enforcement officers use "personalized" guns? FBI reports from 1979 to 1992 reveal that during this time frame an average of I6% of the officers killed in the line of duty were killed with a service firearm, either the officer's own or another officer's in the hands of an adversary. This totaled 182 officers killed in 178 separate incidents during the fourteen year period. Because of that risk, an increasing number of law enforcement departments are considering the use of "personalized" guns. An article in the April 1996 edition of Handguns magazine reports that, "Some police departments in the Southeast, like a Georgia Sheriff's Department, adopted this safety device (Magna - Trigger) as a department -approved handgun modification, and soon a number of police departments had all their duty weapons modified with this unique safety feature." Are child safety locks or "personalized" guns foolproof? There is no such thins as a foolproof technology, but used properly, child safety locks and "personalized" guns can reduc:; the risks of unauthorized use. 2 Do any states or communities now have laws requiring the sale of child safety locks? Connecticut presently requires that dealers provide a child safety lock with the sale of each handgun. Other states, including Washington State and Pennsylvania, are actively considering such legislation. Regulations requiring the sale of child safety locks have been issued in Massachusetts, and several cities in California have recently passed ordinances requiring the sale of a child safety lock with every handgun purchase. On February 7, 1997, Chicago, Illinois, joined the growing number of jurisdictions. Elsewhere, some communities are experimenting with "trigger lock giveaways" in a campaign to encourage safer storage of firearms. Has federal child safety lock legislation been introduced in Congress? Yes. The "Child Safety Lock Act of 1997" (S.428/H.R. 1047) has been introduced in the U.S. Senate by Senators Herb Kohl (D-WI), John Chafee (R-RI), Barbara Boxer (D-CA) and Richard Durbin (D-IL), and in the House of Representatives by Representative Charles Schumer (D-NY-09). The legislation requires that handguns be sold with a trigger lock or other safety device designed to prevent unauthorized use, as well as a written warning about the dangers and legal consequences associated with improperly stored firearms. What is the status of that legislation in Congress? On May 8, 1997, the House of Representatives passed H.R.3, the "Juvenile Crime Control Act of 1997." This House -passed bill does not include a child safety lock provision. Throughout debate on the juvenile crime bill, the House leadership repeatedly blocked attempts to incorporate a child safety lock measure -- refusing to allow even a single vote on the issue. Before adjourning for the August recess, the Senate Judiciary Committee concluded mark-up of its juvenile crime bill (S.10). Regrettably, an amendment offered by Senator Herb Kohl (D-WI) which would have required a child safety lock be sold with every handgun failed. A; er the Kohl amendment was defeated, Senator Orrin Hatch (R-CL'T), the Chair of the Committee, offered an amendment which only requires that safety locks be available for sale in gun stores. It does no: require that the locks be sold with every handgun purchased. That amendment passed. The Hatch amendment will have virtually no impact because most gun stores already carry child safety locks as part of their standard inventory. The Kohl amendment is expected to be offered again when the juvenile crime bill comes to the Senate floor for consideration. What is the best way to store a weapon'? Owning a firearm is a very serious responsibility. A gun in the home is associated with an increased risk of both homicide (three times13 and suicide (five times); occurring in the home. Proper storage of a firearm can help to reduce, but not eliminate, the risk of accident. suicide or homicide. To reduce the risk, a gun should be stored unloaded and locked. In addition, the ammunition should be stored separately and locked in a secure place. Do any gun manufacturers support the use of child safety locks? Yes. Staring September 2, 1997, all Smith & Wesson products will be shipped from the factory with a Master Lock 90D trigger lock. According to a press release from both companies dated August I0, "Both companies feel this is a pro -active step towards safer gun storage. - Ken Jorgensen. Smith & Wesson's public relations manager states, ''Smith & Wesson recognizes that with our r•th:s come responsibility. We believe that it is common sense for Smith & Wesson to encourage gun owners to utilize the Cull range of firearms safety precautions and procedures available 3 to them. These certainly include basic firearms safety training and measures that can help prevent unauthorized access to firearms. While we recognize that no single safety device or solution will apply universally to all gun owners, we believe that the inclusion of the Master Lock Gun Lock with Smith & Wesson handguns reflects our commitment to the concept of responsibility." In addition, Master Lock and Smith & Wesson recommend that to safely store a gun: • Always remove all ammunition from guns. • If a gun is kept for protection, ensure no unauthorized persons have access to the firearm. • Place ammunition in a locked location, separate from guns. When deciding where to store ammunition, remember to select a secure place that is out of sight and reach of children. • Secure unloaded firearms with a gun lock, gun alarm or other tamper -proof device which helps unauthorized use and tampering or renders the gun inoperable. • Store unloaded guns in a locked gun cabinet, safe or gun vault. Remember to place a locked storage case where children won't be able to see, reach or find it. • Keep gun storage keys hidden in a separate location from regularly used keys. Following the lead of Smith & Wesson, on October 8, 1997, President Clinton and representatives from eight major handgun manufacturers announced an agreement that will ensure that over 80% of handguns sold in the United States will be sold with child safety locks. In addition to Smith & Wesson, representatives from Clock, Beretta, Taurus Firearms, Heckler & Koch, H & R 1871, SigArms, and O. F. Mossberg & Sons announced the agreement in a ceremony with the President in the Rose Garden. We enthusiastically congratulate the President for this groundbreaking agreement. However, we will continue to support legislation requiring that all handguns are sold with child safety locks. Are there any criminal penalties for failing to store a gun properly? Fifteen states currently have "Child Access Prevention" (CAP) laws: California, Connecticut, Delaware, Florida, Hawaii, Iowa, Maine, Maryland, Minnesota, New Jersey, North Carolina, Rhode Island, Texas, Virginia and Wisconsin. CAP laws, often referred to as "Safe Storage" laws, generally require adults to either store loaded guns in a place that is reasonably inaccessible to children, or use a device to lock the gun. If a child obtains an improperly stored, loaded gun, the adult owner is criminally liable. How accessible are firearms to juveniles? • 45% of parents say they have a gun in the house according to Prevention magazine's Children's Health Index 1996. 12% of the gun -owning parents surveyed report that the gun is accessible (not safely stored), meaning that as many as one in every 10 children have direct access to a gun. According to the same survey, nearly one-half (4 7 %) of all children age I0 to 17 say there is a gun in their household and about one-half (51%) of those who have a gun in their home say they could get to it. Consequently, one -quarter (24%) of all children age 10 to 17 indicate that they have access to a gun in their home.5 • According to a 1996 Louis Harris Poll, more than half of the teens (53%) who live in homes where there is a handgun or rifle believe that if they wanted to, they could get the weapon without their 4 parents' knowledge. If accurate, this translates into approximately ten million twelfth grade public school students who live with firearms, and approximately have unsupervised access.; • According to a Healthy People 2000 survey, 20% of the population had firearms either loaded or unlocked. The year 2000 objective is a 20% reduction. seventh through five million who that were stored • A 1992 study in the Journal of the American Medical Association reveals that some 30% of families with children keep loaded guns in the home.s A subsequent study by one of the same authors concludes that 14% of gun owners living with children kept a gun both loaded and unlocked.' • In a national survey of students in grades 6 to 12, 59% indicated that they knew where to get a gun if they wanted one, and two-thirds of these said they could get a gun within 24 hours. In the same poll, 15% of elementary and secondary students had carried a gun in the past 30 days.ro • A 1993 survey of male students in 10 inner-city public high schools found that 65% of those surveyed thought it would be "no trouble at all" (41%) or "only a little trouble" (24%) getting a gun. When asked where they actually obtained (bought, borrowed or stolen) the most recent handgun they ever possessed, students most often obtained guns from friends (38%) and family members (23%)." • In an annual survey of public schools in Florida from 1986 to 1990, two-thirds of weapons confiscated were from the student's residence.12 • According to a 1993 national poll, 14% of all adults and 16% of ail parents report knowing "a child who was found playing with a gun that was loaded." 12% of all adults and 15% of all parents report knowing "a child who accidentally shot himself or herself with a gun." 13 10/97 ENDNOTES Police Foundation (1997). Guns in America: Results of a Comprehensive National Survey on Firearms Ownership and Use. z Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, Division of Violence Prevention (1997). Rates of Homicide, Suicide, end Firearm -Related Death Among Children -- 26 Industrialized Countries. Morbidity and Mortality Weekly Report 46 (05): 101-105. 3 Kellermann, A.L., et al. (1993). Gun Ownership as a Risk Factor tbr Homicide in the Home. New England Journal of Medicine 329: 1084-1091. 4 Kellermann. A.L.. et al. (1992). Suicide in the Home in Relation to Gun Ownership. New England Journal of Medicine 327: 467-472. 5 Slaughter, E.P., Princeton Survey Research Assmiates, Inc. (1996). Prevention Magazine's Children's Health Index 1996. s Louis Harris and Associates (1996). Families Tab ngAction: A Y1VC7A Survey About .ifakingHomes and Communities Safer (Study No. 962004). 7 Healthy People 2 ' O Review 1995-1996; DHHS Publication No. (PHS) 96-125G. 3 Wed, D.S., and He:nenwav, D. (1992). Loaded Guns in the Home. Analysis of-s .t:ational Random Survey of Gun Owners. journal of the American Medical Association 2G7: 3033-3037. 5 ' Hemenway, D., et al. (1995). Firearm Training and Storage. Journal of the American Medical Association 273: 46, 47. 1° Harris, L. LH Research, Inc. (1993). A Survey of Experiences, Perceptions, and Apprehensions About Guns Among Young People in America. Sheley, J.F., and Wright, J.D. (1993). Gun Acquisition and Pos ession in Selected Juvenile Samples National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention. 1 z Rollin, J. (1990). Weapons and Firearms on School Property. Florida School Board Survey. 13 Harris, L, LH Research, Inc. (1993). A Survey of the American People on Guns as a Children's Health Issue Visit our Website at http://www.handguncontroLorg 6 CHILDREN AND GUNS: A LETHAL COMBINATION Every day in America, 14 young people ages 19 and under are killed in gun homicides, suicides and unintentional shootings.' Marry more are wounded. The scourge of gun violence frequently attacks the most helpless members of our society — our children. Consider these facts... In 1995, 3,280 children and teenagers were murdered with guns, 1,450 committed suicide with guns, and 440 died in unintentional shootings. A total of 5.285 of our young people were killed by firearms. National Cents for Health Statistics. 199'7 t In 1994, about 70 percent of the murder victims aged 15 to 17 years old were killed with a handgun. Bureau ofittmm S aY. 1996 During 1994, almost one-half of all the murders of those under age 18 involved handguns. Ten years earlier, handguns were involved in one -quarter of such offenses. &aeau of huaoe gafia 1996' Two in 25 high school students, that is 7.9 percent, reported having carried a gun in the last 30 days. Centers for Disease Control, :995 Gun violence plagues our youth... it is the epidemic of the 1990 's... Gunshot wounds are the second leading cause of death for ail people aged 10-34 National Center for Health Statistics, 1993 Firearm homicide is the leading cause of death for black men aged 15-34. Nanonal Center for Health Statreioa, 1993 For every child killed by a gun, four are wounded. .nest JL Journal of the American Medical Associanon, 1995 From 1979 to 1989, the firearm homicide death rate for 15-19 year olds increased 61 percent while the non -firearm homicide death rate decreased 29 percent. US Department of tustice, 1995 "The firearm injury epidemic, due largely to handgun injuries, is ten times larger than the polio epidemic of the first half of this century." Cuistotfel K. Children 's Envtronmenrs, 1995 ,o Updated 11/97 Centers jar Disease C3ntrol and Prevention..Vauonnl Center for Health Statistics. Unpublished data from the .Vatianal Center for Health Statistics. 1997 ibid. ' Department of Justice. Bureau of Justice Statistics. 1996 4 ibid 5 Centers for Disease Control. 1995 6 CDC, National Center for Health Statistics, Firearms Injury Surveilance Study, June, 1992 through May, 1993 ' ibid. 8 Annest, JL, et.al. "National estimates of nonfatal firearm -related injuries: beyond the tip of the iceberg" Journal of the American Medical Association, 1995, 273:1749-1754 9 Department of Justice. 1995 ° Christoffei. Katherine, "Handguns and the Enviroments of Children", Children's Enviroments, 12(1), 1995, p. 42 Visit our Website at http://www.handguncontrol.org HANDGUN CONTROL, INC. 705 12th Avenue, San Diego, CA 92101 • Tel: (619) 235-9167 • FAX: (619) 233-6682 FIREARM FACTS Firearms are such a ubiquitous part of American life that it's easy to forget the price we pay for all -too -easy access to guns. Consider some basic facts.. There are 192 million privately owned firearms in the U.S. — 65 million of which are handguns.' In 1995, 15,835 people were murdered with firearms in this country.2 In 1995, firearms were used in approximately 7 out of 10 murders committed in the U.S. Handguns were used in 59% of all murders.' In 1995, more than 8 out of 10 of those murdered with firearms were murdered with handguns.' In 1995, there were only 179 justifiable handgun homicides by private citizens in the United States? Thinking of buying a gun to protect your home? You.mav want to remember that.. Guns kept in the home for seif-protection are 43 times more likely to kill a family member or friend than to kill an intruder.' The presence of a gun in the home triples the risk of homicide in the home.' The presence of a gun in the home increases the risk of suicide fivefold.' Guns are a special blight upon our young people For instance.... In 1994, firearms were the number two killer of men and women 10-24 years of age -- second only to motor vehicle crashes.' In 1994, the firearm injury death rate among males 15-24 years of age was 32% higher than the motor vehicle trarl'ic injury death rate.10 In 1994, firearm homicide was the leading cause of death for black males ages 15- 34.11 -continued- In 1995, 14 children, ages 19 and under, were killed with guns every day in this country.12 Surprised? You shouldn't be, because... In 1995 alone, 35,957 Americans were killed with firearms, in homicides, suicides, and accidents. In comparison, 33,651 Americans were killed in the Korean War and 47,364 Americans were killed in the Vietnam War.i3 Licensed firearms dealers sell an estimated 7.5 million guns every year, of which 3.5 million are handguns." Of all accidental fatalities involving firearms, 71% involve handguns.15 Finally, you may want to consider one more startling statistic.. In 1992, handguns were used to murder 13 people in Austrailia, 33 in Great Britain, 36 in Sweden, 60 in Japan, 128 in Canada and 13,495 in the United States.' 6 ' Guns in America: Results of a comprehensive national survey on firearms ownership and use. Police Foundation. ©1996. p. 13. Center for Disease Control and Prevention. National Center for Health Statistics, Unpublished Data from the Vital Statistics System. 1997. 3 FBI Uniform Crime Report, 1995, p. 17. FBI Uniform Crime Report, 1995, calculated from table 2.10, p.18. ' FBI Uniform Crime Report, 1995, table 2.17, p. 22. 6 Kellermann, AL. Reay DT. Protection or peril? An analysis of firearm -related deaths in the home. NEng1JJvfed 1986;314:1557-1560. ' Kellermann, AL, Rivara, FP, Rushforth NB, et al. Gun ownership as a risk factor for homicide in the home. NEngl JMed. 1993,329:1684-1091. 3 Kellermann, AL, Rivara FP, Somes G, et al. Suicide in the home in relation to gun ownership. N Engl JMed. 1992;327:467-472. 9 Centers for Disease Control and Prevention, National Center for Health Statistics, Unpublished Data from the National Vital statistics System, 1996-1997. 10 Health United States 1996-97 and Injury Chapbook. Dpet of Health and Human Services and the Centers for Disease Control and Prevention. July 1997. p. 32. 11 Centers for Disease Control and Prevention, National Center for Health Statistics, Unpublished Data from the National Vital statistics System, 1996-1997. 1 2 Calculated by the Center to Prevent Handgun Violence using Unpublished Data from the Centers for Disease Control and Prevention 's, National Center for Health Statistics', National Vital Statistics System 1997. i3Centers for Disease Control and Prevention, National Center for Health Statistics, Unpublished Data,rom the National Vital statistics System, 1997. i Department of Defense Almanac. 13 Bureau of.11cohol, Tobbaco and Firearms.-innual Statistics, 1994 5 GAO Report. Accidental Shootings..Ilany Deaths and Injuries Caused by Firearms Could be Prevented, 1991; p. 23. 16 Embassies and foreign crime reporting agencies. / FBI Uniform Crime Report. 1992. (10/97) Honorable George Waters Mayor City of National City 1243 National City Boulevard National City, CA 91950 Deal>i: •. 1 erg: • SusAN GOLDING MAYOR March 20, 1998 The of San Diego has approved an ordinance to help prevent children from accidentally sh. ating themselves or others. The Child Safety Gun Law will help protect our children by expanding access to, and use of, igger locking mechanisms and safe gun storage information. When properly used, trigger locking or similar devices can prevent very avoidanle tragedies. Children are naturally curious, and if they come across a loaded unlocked gun, the chances that they will accidentally hurt themselves or another child are too great. We cannot take that chance. Information on the safe storage of firearms will serve as a reminder to adults about the danger associated with unsecured firearms. I have included a copy of the ordinance. I ask, on behalf of the Council, that you introduce this ordinance before your council and help prevent children in your city from injuries or death that result from the accidental discharge of firearms_ I would be happy to provide you with any additional information you may need. Thank you for your consideration of this ordinance. SC/mm encosures SUSAN GOLDING mayor City of San Diego ,ge„, CITY AOWN4ITAATION 0UA.00... 202 C Sr-, ee-• Y.w o+eGo. CK,fOWVY 12,0, 0001 2210.0220 (0-98-19) (REV. I) ORDINANCE NUMBER O- S.S472 (NEW SERIES) ADOPTED ON MAR 1 7 1998 AN ORDINANCE AMENDING CHAPTER III, ARTICLE 3 AND CHAPTER V, ARTICLE 3 OF THE SAN DIEGO MUNICIPAL CODE BY ADDING SECTIONS 33.4212, 53.15.2 AND 53.16 PERTAINING TO FIREARMS AND WEAPONS VIOLENCE PREVENTION WHEREAS, most children who accidentally injure or kill themselves or a friend do so while playing with a loaded firearm found in their home or a friend's home; and WHEREAS. the number of accidental deaths and injuries attributable to firearms and other weapons is unacceptable and warrants stricter control over the handling and storage of lawful firearms: and WHEREAS. the City of San Diego wants to take all practical steps to prevent injuries and deaths resulting from the accidental discharge of firearms; and WHEREAS. trigger locks or other similar devices. when used properly, can prevent the accidental discharge of firearms; and WHEREAS, the City has an interest in encouraging firearm owners to store their firearms in a safe manner,.and out of the reach of children, NOW, THEREFORE, BE IT ORDAINED, by the Council of The City of San Diego, as follows: Section 1. Chapter III, Article 3, Division 42 of the San Diego Municipal Code, is hereby amended by adding Section 33.4212 to read as follows: SEC. 33.4212 Provision of Trigger Locks (a) It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of any -PAGE 1 OF 5- firearm without also providing with the firearm a trigger locking or similar device approved by the Chief of Police. The trigger locking or similar device shall be designed to prevent the unintentional discharge of the firearm. The trigger locking or similar device shall be attached to the firearm prior to the completion of the sale, gift, lending or transfer transaction, and the firearm must leave the premises of the firearms dealer with the trigger locking or similar device attached. If a trigger locking or similar device cannot be attached because the firearm lacks a trigger guard, a lockable bag or box shall be used in lieu of a trigger locking or similar device. Nothing in this section shall prevent the firearms dealer from recovering the cost of the trigger locking or similar device by charging a price for the lock, either separately or as part of the price of the firearm. (b) It is unlawful for any firearm dealer sell. give, lend or transfer ownership of any firearm, without providing with the firearm printed material, approved by the Chief of Police. that advises the user of safe firearm storage practices. (c) In connection with any sale. gift, loan or transfer of a firearm, the firearm dealer shall obtain from the person receiving the firearm a signed acknowledgment that a trigger locking or similar device required by section 33.4212(a) of this Municipal Code. and the printed material required by section 33.4212(b), has been provided with the firearm. The acknowledgment shall be in a form approved by the Chief of Police. The firearm dealer shall retain signed acknowledgments of receipt in the same manner and to the same extent as required by State law for other firearm transaction records. (d) A firearm dealer who has fully complied with the provisions of this section relating to trigger locking or similar devices shall not be presumed to have made any representation to the transferee regarding the safety or appropriateness of the use of the trigger locking or similar device. nor shall the firearm dealer be liable in any civil action brought against the firearm dealer, to the -PAGE 2 OF extent such liability would be based solely upon the act of furnishing the trigger locking or similar device to a person in compliance with this section. (e) The requirements of section 33.4212 shall be in force and effect, and shall apply to all firearms dealers now or hereafter licensed, ninety days after the date on which the Chief of Police sends written notice to currently -licensed firearms dealers of the approved trigger locking or similar devices, printed safety material and form of acknowledgement. (f) The provisions of this section shall not apply to temporary lending transaction in which the firearm does not leave the premises of the firearms dealer. (g) The requirements in sections 33.4212(a), (b) and (c) shall not apply to firearms that are curios or relics, as defined by federal law, Title 27 Code of Federal Regulations section 178. (h) The requirements in sections 33.4212(a), (b) and (c) shall not apply to firearms dealers when they are involved in private parry transfers conducted pursuant to California Penal Code section 12082. Section 2. Chapter V, Article 3. of the San Diego Municipal Code is hereby amended by adding sections 53.15.2 and 53.16 to read as follows: SEC. 53.15.2 Possession of Air Guns, Pointed Missiles, Etc., by Minors (a) Except as provided in this section, it is unlawful for any person under the age of eighteen to have in his or her possession, upon any public street or sidewalk or in any public gathering place within the corporate limits of the City any air gun, sharp pointed missile, dart or arrow, described in Municipal Code section 53.15. (b) This section shall not apply to any minor engaged in supervised or otherwise lawful activity involving such weapons, or who is going to or returning from a place where the minor was engaged in such supervised or otherwise lawful activity. -PAGE 3 OF 5- SEC. 53.16 Penalties for Firearms and Other Weapons Offenses (a) A person is guilty of a separate punishable offense for each firing or discharge of a weapon described in Municipal Code sections 53.10 or 53.15. (b) Minors arrested for a violation of Municipal Code sections 53.10, 53.I5, 53.15.1 or 53. 1 5.2 shall be subject to the provisions of section 602 of the California Welfare and Institutions Code. (c) Any parent or legal guardian, or person over the age of eighteen, is also guilty of a misdemeanor, if: (1) he or she possesses on any premises or within a vehicle under his or her custody or control, any of the firearms identified in Municipal Code sections 53.10, and (2) he or she knows or reasonably should know that a minor is likely to gain access to such firearm, and (3) a minor obtains and fires or discharges such firearm in violation of sections 53.10. (d) A violation of Municipal Code sections 53.10. 53.15 or 53.15.1 occurring within 1,500 feet of a public or private day care center, school or school grounds. is a misdemeanor, and the penalty for conviction of the same is punishable by a fine of not more than 51,000, or by imprisonment in the County jail for a period of not more than one year, or both. A violation of sections 53.10, 53.15 or 53.15.1 may also be prosecuted in accordance with Chapter 1 of the Municipal Code. -PAGE 4 OF 5- Section 3. This ordinance shall take effect and be in force on the thirtieth day from and after its passage. APPROVED: CASEY GWINN, City Attorney By i..e..c.c Theresa C. McAteer Deputy City Attorney TCM:rc 3/16/98 Or.Dept:Mayor 0-98-I9 (REV. 1) -PAGE 5 OF 5-