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HomeMy WebLinkAbout2003 04-15 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — APRIL 15, 2003 - 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. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR NICK INZUNZA INVOCATION APPROVAL OF THE MINUTES OF THE ADJOURNED MEETING OF MARCH 20, 2003 AND THE REGULAR MEETING OF APRIL 1, 2003. PUBLIC ORAL COMMUNICATIONS (Three -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. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 4/15/03 PAGE 2 PRESENTATIONS Employee of the Month Program PROCLAMATION Proclaiming May 1, 2003 to be: "NATIONAL DAY OF PRAYER NATIONAL CITY" INTERVIEWS/APPOINTMENTS 1. Boards & Commissions: Appointments to Housing and Community Development Committee. (City Clerk) PUBLIC HEARINGS 2. Public Hearing — Conditional Use Permit for the sale of beer and wine at the 7 Dias Market at 151 N. Highland Avenue, in Highland View Towne Center. (Applicant: Andy Hanna) (Case File No. CUP-2003-1) (Planning) 3. Public Hearing - Joint Public Hearing with the Community Development Commission to approve the sale of real property located at 217-249 N. Highland Avenue. (Purple Cow) (Community Development Commission) *Refer to Item #12 4. Public Hearing — To review the Draft FY 2003-04 Annual Plan document including proposed Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Program budgets and consider public comment and testimony. (Community Development Commission) *Refer to Item #13 COUNCIL AGENDA 4/15/03 PAGE 3 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. 5. Resolution No. 2003-44 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with RJA Management Services, Inc. to perform executive search services for the City Manager's Office. (City Manager) 6. Resolution No. 2003-45 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an airspace ground sublease between the City of National City and Operation Samahan and United Institute of Amateur Athletics (USIAA) for the airspace located near the interchange of Highway 805, Palm Avenue and Division Street. (Public Works/Engineering) 7. Resolution No. 2003-46 A Resolution of the City of National City accepting a sewer easement from the San Diego Unified Port District, and authorizing the Mayor to execute an easement and quitclaim deed to abandon the existing sewer easement. (Engineering) 8. Resolution No. 2003-47 A Resolution of the City Council of the City of National City scheduling a Public Hearing to consider a trash service rate change request from Edco Disposal Corporation. (Public Works/Engineering) COUNCIL AGENDA 4/15/03 PAGE 4 CONSENT CALENDAR (Cont.) 9. WARRANT REGISTER NO. 38 (Finance) Ratification of Demands in the amount of $292,395.19. 10. WARRANT REGISTER NO. 39 (Finance) Ratification of Demands in the amount of $1,203,166.41. 11. WARRANT REGISTER NO.40 (Finance) Ratification of Demands in the amount of $254,122.94. NON CONSENT RESOLUTIONS 12. Resolution No. 2003-48 A Resolution of the City Council of the City of National City approving the sale of real property owned by the Community Development Commission of the City of National City at 217-249 North Highland Avenue to Urban Innovations, LLC and making certain findings in connection herewith. (Community Development Commission) *Refer to Item #3 13. Resolution No. 2003-49 A Resolution of the City Council of the City of National City approving the 2003-04 Annual Plan including the Community Development Block Grant (CDGB) and Home Investment Partnership Act (HOME) Program budgets. (Community Development Commission) *Refer to Item # 4 COUNCIL AGENDA 4/15/03 PAGE 5 ORDINANCE FOR ADOPTION 14. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by amending Chapter 10.70 pertaining to police regulated business regulations, Chapter 10.73 pertaining to live adult entertainment at adult oriented entertainment establishments, and Chapter 10.79 pertaining to massage establishments and adding Chapter 10.78 pertaining to entertainment establishments. (City Attorney) OLD BUSINESS 15. Report of the results of Residential Parking District "A" Survey. (Public Works/Engineering) NEW BUSINESS 16. Discussion of neighborhood councils in follow-up to Vision of National City's 10 Goals. (Council initiated) 17. Discussion of a proposed one-year building permit moratorium on the West Side. (Council initiated) 18. Discussion of Environmental Commission and Filipino Affairs Commission. (Council initiated) 19. Request to use the Community Center by the National School District and waiver of fees. (Public Works) 20. Temporary Use Permit — Council of Filipino Organizations - Philippine Faire and Parade. (Building & Safety) 21. Temporary Use Permit — Council of Philippine Organizations — Prayer Service for Troops in Iraq. (Building & Safety) COUNCIL AGENDA 4/15/03 PAGE 6 NEW BUSINESS (Cont.) 22. Temporary Use Permit — Fern Street Community Arts -Circus. (Building & Safety) 23. Temporary Use Permit — Sweetwater Town & Country Merchants Association — Easter Egg Hunt. (Building & Safety) 24. Temporary Use Permit — Jollibee — "Kids Should Bee Happy" (Building & Safety) 25. Temporary Use Permit - Friends of the Library & National City Library — National City Literacy Celebration (Building & Safety) 26. Temporary Use Permit — National City Library — National City Celebrates Literacy and Reading is Fundamental Book Giveaway/Chili Cook Off. (Building & Safety) 27. Temporary Use Permit — San Diego County Black Infant Health Program anniversary celebration and health fair. (Building & Safety) 28. Temporary Use Permit — Maytime Band Review Corporation — Maytime Band Review Parade. (Building & Safety) 29. Notice of Decision — Conditional Use Permit for a wireless communications facility at the Thrifty -Wash Laundromat at 2415 E. 18th Street, with a variance to allow construction within the required front and side yard setbacks. (Applicant: Cingular Wireless) (Case File No. CUP-2002-13/Z-2003-3) (Planning) 30. Notice of Decision — Conditional Use Permit for the sale of beer and wine at Pat & Oscar's Restaurant at Plaza Bonita. (Applicant: Pat & Oscar's) (Case File No: CUP-2003-6) (Planning) STAFF MAYOR AND CITY COUNCIL COUNCIL AGENDA 4/15/03 PAGE 7 NEW BUSINESS (Cont.) CLOSED SESSIONS Conference with Legal Counsel -Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One Potential Case) Public Employee -Government Code Section 54957 Title: City Manager ADJOURNMENT Next Regular City Council Meeting — Tuesday — May 6, 2003 - 6:00 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 April 4, 2003 MEMORANDUM TO FROM SUBJECT City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 City Manager Personnel Direc EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment °# and our community. The employee selected by the Police Department (non -safety employee) to be recognized for the month of April, 2003 is Lupe Lemus, Executive Assistant II (nomination attached). Ms. Lemus has been invited to attend the Council meeting of April 15, 2003, and be recognized for her achievements and service. RCD:vr Enclosure ® Recycled Paper City of National City Performance Recognition Award Nomination Form uf CA. I nominate Lupe Lemus for the Performance Recognition Award for the following reasons: In nearly 25 years of service to the City of National City, Lupe Lemus has been assigned to very sensitive positions including Executive Secretary for four Chiefs of Police. She is currently the Executive Assistant for Chief DiCerchio. Lupe's complete understanding of the responsibilities of the Chiefs office makes her invaluable to the smooth operation of the entire Department. Lupe functions as the confidential assistant to the Chief in what are often very sensitive matters, and, along with the Chief, is the only City employee with a Secret clearance issued by the Federal government. Elected officials, other Department heads and members of the public have learned they can pass sensitive and confidential information to the Chief through Lupe without hesitation. Lupe's bilingual skills are a tremendous asset to the Chiefs office. Her fluency in Spanish allows her to handle problems and give advice to our Spanish speaking population and she has often accompanied the Chief to Mexico to assist in direct communications with department heads there. She has been invaluable as both liaison and ambassador in building and maintaining bridges between our friends in Mexico and the Police Department and City of National City. With interpersonal skills that are beyond compare, Lupe is much of the glue that holds the Police Department together. She gets along with everyone and is constantly sought after for advice and help with a wide variety of projects. She volunteers to take on critical tasks when positions become suddenly vacant, often working long hours to make things right. She is also very active in the community and teaches Sunday school every week. She is enthusiastic, personable and available and comments praising her high level of professionalism and courtesy from members of the community and members of other law enforcement agencies are common. Lupe is a great asset to this Department and to this community. Nominated by: Skip DiCArchio, Chief of Police Signature: Date: 3 April 3, 2003 MEMORANDUM TO FROM SUBJECT City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 City Manager Personnel Direct EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Public Works/Engineering Department to be recognized for the month of March, 2003 is James Slade, Senior Civil Engineering Technician (nomination attached). Because James is a Navy Reserve who has been called to duty in Iraq, his wife, Michelle, has been invited to attend the Council meeting of April 15, 2003, and be recognized for James' achievements and service. RCD:vr Enclosure vs Recycled Paper CITY OF NATIONAL CITY PERFORMANCE RECOGNITION AVVD` Nomination Form I nominate James Slade, Senior Civil Engineering Technician for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.). Do not exceed 150 total words. Please be as specific as possible when giving your examples. I am recommending that James Slade be nominated for this month's performance recognition award. James has worked for National City for the past 12 years. He started as an Engineering Technician I and worked his way up to an Senior Civil Engineering Technician . Along with working full-time with the City, James has served in the Naval Reserve Seabee Battalion for the past six years at Port Hueneme, California. James took on and added responsibility by serving as safety chief for his reserve Seabee unit for the past three years. He has been attending school during whatever time he had available to improve his skills and continue his advancement in his chosen career. James has served as President of the Municipal Employees Association and represented the Union through a difficult negotiating year. James always has a smile on his face and is always ready to help the residents of National City. Presently, James is serving with the 30th Naval Construction Regiment and is assigned to Naval Construction Support Unit 2, which is presently located somewhere in Iraq and I understand that he is putting in 14 hours workdays. FORWARD COMPLETED NOMINATIONS TO: ational City Performance Recognition Program Personnel Director Nominated Signat Date: Zo 0 3 March 15, 2003 Mr. Myers, I am writing to express my sincere appreciation for the support you are providing to James Slade as he is recalled to active military duty. You should feel justly proud of the service your company is providing to our nation. The sacrifice James Slade is making by leaving family, job, and routine life on short notice to support our national defense,is truly commendable. On behalf of Seabees everywhere, I salute you and wish you well. Please know that Petty Officer James Slade is providing a valuable service as we all do our part to keep the United States of America safe and free. Warm regards, J. M. McGarrah Rear Admiral Civil Engineer Corps United States Naval Reserve The City of National City MR. Myers 1243 National City Blvd National City, CA 91950 WIY OF r ,FUXi ENGINEEPlNt; QEPT. RECEIVER WHEREAS, WHEREAS, WHEREAS, Proclamation We live during a time of great and historic change, a time that has seen the rise of newly democratic nations and the fall of once firmly entrenched totalitarian regimes. We have been touched by the horrific attacks of our nation and as we seek to chart a proper course in a world that is changing by the hour, our observance of a National Day of Prayer reminds us that we can always place our trust I the steady, unfailing light that is the love of God; and Our ancestors trusted in the faithfulness of the Almighty, and they frequently turned to Him in humble, heartfelt prayer. When they finally reached shores, the early settlers gave thanks for their very lives --- and for the promise of freedom in a new land; and Whatever our individual religious convictions may be, each of us is invited to join in this National Day of Prayer. Although we may find our own words to express it, each of us can echo this timeless prayer of Solomon, the ancient King who prayed for, and received, the gift of wisdom: "The Lord of God be with us, as He was with our Fathers; may He not leave us or forsake us; so that He may incline our hearts to Him, to walk in all His ways...that all the people of the earth may know that the Lord is God; there is no other." Now, therefore, we the City Council of the City of National City, do hereby proclaim May 1, 2003 to be: Ron Morrison, Councilman "Natio al Day of FPCity " k. Fideles Ungab"" Gilman Councilman IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 15th Day of April, 2003. City of National City, California COUNCIL AGENDA STATEMENT ,IEETING DATE April 15, 2003 AGENDA ITEM NO. 1 ITEM TITLE Committee BOARDS AND COMMISSIONS: Appointments to Housing and Community Development PREPARED BY EXPLANATION See attached. Michael R. Da11a DEPARTMENT City Clerk Environmental Review XX N/A Financial Statement N/A STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION See above. Approved Bya Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Explanation Resolution No. A-200 i9.991 Attachment to A200 BOARDS AND COMMISSIONS: Appointments to Housing and Community Development Committee The mayor has requested that appointments to the Housing and Community Development Committee be placed on this Agenda. The terms of three members will expire on April 28, 2003: Bing Bersamina Madeleine Estepa John Gordy. There is one current vacancy due to a resignation. There are currently five applications on file for appointment to the Committee. The applicants are listed below and their applications are attached. Gloria Pangelinan Leticia Quintero Roberta Settergren Edward Tracy Smith (Recently appointed to Civil Service Commission) Ditas Yamane All applicants and incumbent committee members have been asked to be present at tonight's meeting. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee )t• Name: ?(NV9 0AlibaA I "l`^" "Uli (Last) ,, (First) Rome Address: //}} Telephone: Residence ( �D L'*3[v'k4b3 ) Business/Work ( ) 1.5 Birth Date 1-a[ (Optional) NUMBER OF YEAS YOU HAVE LIVED IN: CALIFORNIA? 1-4,(.TS SAN DIEGO COUNTY? 'O (r NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES h NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR H A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, ifany: lyl WI yj`.�`��j __ 4 I _" ° 'v a V Related Professional or Civic Experience: gWa D�,v� 15-A0Q Please indicate below any further information that will be of value regarding your service on the above na d boards, committees or - out ons: rvt vwoitieut DATE: 64J V A YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CrtY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS d intent of this form to provide the City Council with as much background Information as PURPOSE AND INTENT: It is the purpose an possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR than ROICH YOU ARE APPLYING (You May Apply Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Cornmunity Develonmeat X Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner QU i t fer° I CJ hG! a Birth Date �O l S (Last) (First) Name: (Optional) Home Address: .303 F.a s- 2nd Street, Na4ioned , c A CWI 0 'Telephones Residence ( till7IS+ ) !:;usinesslWorktli4t9, ItT -5 o NUMBER OF YEARS NATIONAL CITY? ZU V U HAVE LIVED IN: CALIFORNIA? Z O SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: ✓ YES: (PLEASE ATTACH SEPARATE EXPLANATION) 1�4�•-i-�_.\yrS'�:rrr3 yi,: x:.U�a .�w3�,>w.ai.'Si s'i.�". �l✓: r1y � -'.:i� ;..'�5 Colleges attended and degrees held, if any: Spanish t'ri;yerso' T of. San Di - toorkiii5 on a: dyable Sac..hate2r5 erltish Related Professional or Civic Experience: SIJLI l r1jjA�Y AmeriCotTs VISTA, Melanie Miner CD1110 tree', Please indicate below any further information that willbe of value regarding your service on the above named boards, -omrrtittees or commissions: ?ar4nne` -fvr Prevef%-Hon, NV-Nona/1 COI eatlaboealive DATE: ail I®? YOUR SIGNATURE OPILL RETURN COMPLETED FORM TO' CITY UNCIL OF NATIONAL CITY 1243NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: (First) (Last) Home Address: / 3 / 7 D / V E CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (I) year from the date It is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Planning Commission_ Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Telephone: Residence (6/ `j -'/ 77 - 7 7/ ) NUMBER OF YEARS YOU HAVE LIVED IN: NATIONAL CITY? CALIFORNIA? 3 SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES }X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (0 I'HER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: y YES: (PLEASE A I"I ACH SEPARATE EXPLANATION) Birth Date 0 . 1 - /.2 T / ( (Optional) Business/Work ( ) Colleges attended and degrees held, if any: Related Professional or Civic Experience: cu i- K / m 4A%4- 1g A4 N /V -R s i N` C:S 5 - Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: /� � S S t� T'r cJ et,D (�Ai (4- Orr- e ,� 5 o (0.,-r/77(%/!,11 l 1✓ n /[) .$1 s) Mn Pre R FfsaGaGrFlr%u,v DATE:/ a/ O f-- YOUR SIGNATURE//f �'-fit/ /� RETURN COMPLETED FORM To : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 CITY OF NATIONAL. APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PUR POSE SE'EAND INTE1\'P'. It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION than one) NI YOU ARE APPLYING (You may apply f N( Planning Commission tiir Port Commission Ig Traffic Safety Committee 81 Library Board of Trusetees P Sweetwater Authority g San Diego County Water Authority Housing & Community Sevelopment Committee Building Advisory & Appeals Board Civil Service Commission ri° Senior Citizens Advisory Board 14 Parks & Recreation Advisory Board Ut Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Name:(Last) Home Address: Telephone: Residence Ogf ) 1 (6i ( .Business/Work(IA l 411-Ina NUMBER OF YEARS YOU HAVE LIVED IN CALIFORNIA: CALIFORNIA: Si SAN DIEGO COUNTY: I _ NATIONAL CITY: (First) E TR 4 . / Birth Date cholb s" ata4 � U 2440 ARE YOU A REGISTERED VOTER: YES U NO Student GommYsiii:MAIVicantOniy School attending — Colleges Attended and Degrees Held, if any: Grade Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: Ctraa e�ca. elm 01F- ®s(t -N,L '4E4 6 e:A �® Cl+atonb1, DATE: t Your Signature: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (I) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH y,O)IJ ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: YAI4ANE Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweet*lt(er Authority San Diego County Water Authority Housing & Com}nunity Development Committee f P L•E-A'StDt "T-.R I N W• C iWA R L Y DITAS Birth Date (Last) Home Address: (First) (Optional) 833 D Avenue National City, CA 91950-3405 Telephone: Residence ( 619-474-6088 ) Business/Work ( 619-474-3500 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 15 SAN DIEGO COUNTY? 15 NATIONAL CITY? 1 ARE YOU A REGISTERED VOTER: YES X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAI) A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) STUDENT COMrYiISSIONAEPLICANTS ONLY: School Attending ... .i .. .:Grade Colleges attended and degrees held, if any: Pls. see attached resume. Thank you. Related Professional or Civic Experience: Pls. see attached resume. Thank you. Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: Pls. see attached profile Thank �gu DATE: 0C1g°,((15YOUR SIGNATURE RETURN C'ONIPLE! ED FOIDI 'f0 City Clerk's Office 1243 National City Blvd National City, CA 9195Q City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 January 27, 2003 Ms. Ditas Yamane 831 D Avenue National City CA 91950 Re: Appointment To City Boards, Commissions and Committees Dear Ms. Yamane This letter is to notify you that in order to be considered for appointment to one o. National City's Boards, Commissions or Committees, you are required by City policy to appear before the City Council for an interview. You are therefore requested to appear at the Council meeting to be held on Tuesday, February 4, 2003, at 6:00 p.m., in the Council Chambers. If you are unable to attend, please contact our office. Sincerely, 4 Michael R. Dalla, CMC City Clerk MRD/mla File No. 101-01-01 Ditas Yamane Ditas Yamane is the Executive Vice President of The Phone Shop, an independent inter -connect company and provider of business telephone systems and data network services to home -based and commercial businesses. The Phone Shop, based in National City since 1991, is located at 835 D Avenue in National City, is a Pacific Bell Authorized Sales Representative for all SBC Pacific Bell products and services. Ditas also stays busy as President of Premium Real Estate Services, a business in real estate sales and loans based in National City. She is Licensed and Registered Representative for Western Union, the fastest way to send money worldwide, also based in National City. As a dynamic and energetic community leader, Ditas Yamane is: President, Filipino American Chamber of Commerce of San Diego County, a non-profit organization committed to assist in the continuing betterment of the ever-increasing number of Filipino American businesses in San Diego County. o FACC-San Diego has partnered and built alliances with the following organizations: • Asian Business Association — San Diego, California ® SD Alliance for Asian Pacific Islander Americans • SD Asian Film Festival • Filipino American Development Initiatives • SD World Trade Center ▪ SD County Hispanic Chamber of Commerce • The City of San Diego — Diverse Emerging Vendor Outreach Program ® National Council of Asian American Business Associations • Habitat for Humanity Foundation • ABS CBN Foundation Micro Finance Project • and other associations and organizations for projects or programs consistent to FACC's goals and objectives • Executive Member, Tourism Advisory Council of San Diego County under the Philippine Department of Tourism of Southern California, in promoting tourism and trade to the Philippines. Recently, chaired the successful presentation of WOW ! Philippines !!! (Wealth of Wonders in the Philippines) at the US Grant Hotel in downtown San Diego. Co -Chairman, Presidential Host Committee, for the very successful " Event of the Year " A dinner gala honoring Her Excellency President Gloria Macapagal — Arroyo of the Republic of the Philippines. The event where Filipino Americans came together (solid and united) to show their undivided support to our mother land, during President Arroyo's visit to San Diego held at the San Diego Marriott Hotel. ® Moderator, Filipino American Business Summit 2002" Business Growth Strategies in Challenging Times" held at the Wyndham Emerald Plaza Hotel in San Diego with the National City Mayor, Honorable Nick Inzunza as the Guest Speaker. Keynot Strength in Annual DinneSpear Orion eeld at the Double Tree Hotel CaliforniaMission Valley in `San Diego, California. Unity" Annual Dinner Development Director, Samahan Filipino American Performing Arts and Education Center, a non-profit organization to preserve, develop, and present the traditional performing arts of the Philippines. Samahan contributes to a better knowledge and appreciation of the Filipino Culture Heritage which is very important not only for those who are born here but also for those who have left the Philippines at an early age. Background License in Real Estate Sales, State of California = License in Insurance, State of California = University of Santo Tomas — Manila, Philippines — College of Pharmacy undergraduate in Medical Technology = Bb. Pilipinas — Universe Finalist (Miss Universe) — Manila, Philippines = Model for Commercials, Fashion and Ramp — Manila , Philippines = Executive Production Assistant - Showbiz, Inc. — Manila, Philippines For TV shows: Showbiz with the Salvadors ; Tang-Tarang-Tang and Rico Baby. = Executive Producer & Director — GB's TV Production for Germspesyal — Cebu, Philippines. = Director, GMA Channel 7-Cebu = Sinulog Philippines ! = President, DDS Media Marketing — print media, television and special projects production and marketing — concerts, product launches, and special projects as well as political campaign projects. = International Flight Attendant for a leading commercial airline — Ditas learned different cultures from flying all over the world making her a real people person. Ditas with husband and business partner, Rey Yamane, President of The Phone Shop, wittheir lovely children Darrell, a college student, and Nikkirae, a kindergarten, are one happy busy family. Than you. City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE 1,7 ITEM TITLE PUBLIC HEARING - CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 N. HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER (APPLICANT: ANDY HANNA) (CASE FILE NO. CUP-2003-1) April 15, 2003 PREPARED BY Roger Yost," 336-4310 DEPARTMENT Planning AGENDA ITEM NO. 2 EXPLANATION The Planning Commission denied this application at their March 17, 2003 meeting. The applicant subsequently filed an appeal. The attached background report describes the project in detail. Environmental Review X N/A Financial Statement N/A Categorical Exemption STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the application. Vote: Ayes - unanimous Approved By: Finance Director ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution with findings for denial 3. Findings and Conditions for approval A 200 19 41 Location Map and Site Photos 5. Police Department Comments, with Beat Map and Crime Statistics Resolution No. 6. Letters from Concerned Parties 7. Letter of Appeal 8. Notice of Exemption 9. Application and Applicant's Petition 10. Applicant's Plans BACKGROUND The project site is the Highland View Towne Center at the northeast corner of N. Highland Avenue and Division Street, in the CG (General Commercial) zone. The 1.82 acre shopping center consists of three, one-story buildings with a total floor area of approximately 23,000 square feet. 121 parking spaces are disbursed throughout the retail center. Apartments are located north and east of the shopping center. Mostly single-family homes are to the south, and in San Diego to the west. Two nearby markets currently offer beer and wine for sale. One (Don John) is located a few blocks to the north at 431 N. Highland, and the other (Diamond Dot) is to the west in San Diego, at 228 N. Highland Avenue. The applicant requests approval to sell beer and wine at the 7 Dias Market, which occupies the northernmost building in the center. The roughly 3,000 square foot market currently offers typical grocery items, including dairy products, bread and canned goods; it also includes a rather large fresh meat counter. In 1991 and again in 1992, the City denied a request for a market to sell beer and wine in the same shopping center. Beer and wine would be displayed in a cooler area near the northeast corner of the store. The total display and storage area for these products would be less than 200 square feet; no hard liquor will be sold and no new construction is proposed. The market would sell beer and wine during their normal store hours; from 8 A.M. to 11 P.M. on Monday through Saturday, and from 8-9 on Sunday. A petition has been submitted (attached) with approximately 500 signatures, to support this application. Staff has visited the site to observe the proposed display location, as well as the existing condition of market. The market itself seems well maintained, as does the shopping center property. The proposed display area is not visible from the exterior of the store and appears to be relatively small in comparison to the rest of the market. Staff has included a standard condition of approval limiting the amount of sales of alcohol products to less than 50 percent of the total store receipts. According to ABC (Alcoholic Beverage Control), there are five licenses (type 20) available in the area for beer and wine sales. Currently, only two of these are being used, meaning three are potentially available. The approval of this proposal would result in a new license to sell beer and wine in the City. Several memos from the National City Police Department are attached. The most recent, dated April 4, 2003, includes data identifying the project site as a high crime area, and recommends denial of the application. The data matches the crime statistics previously provided by staff for the Planning Commission. The Planning Commission held a public hearing on this item at their March 3, 2003 meeting. Several speakers representing "Por La Vida" voiced opposition to the proposal stating that more alcohol sales will increase crime in the area. Two letters were also submitted in opposition (attached). The applicant's representative spoke in favor of the project and requested changes to the attached standard conditions of approval to permit the sales of larger containers (# 5), and to allow the installation of one exterior sign indicating the availability of beer and wine (# 16). Commissioners expressed concern that an additional outlet for alcohol could lead to increased crime in the area. They also noted that beer and wine are already available at several nearby locations, and voted to deny the application. The applicant subsequently filed an appeal of this decision (attached). Findings for denial are included in the attached Planning Commission Resolution for the project. Possible findings for approval and conditions typically applied to the sale of beer and wine in a small market, as developed in past consultation with police, are also attached. RESOLUTION NO. 5-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 N. HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER APPLICANT: ANDY HANNA CASE FILE NO. CUP-2003-1 WHEREAS, the Planning Commission of the City of National City, considered a Conditional Use Permit application for the sale of beer and wine at the 7 Dias Market at 151 N. Highland Avenue, in Highland View Towne Center at the public hearing held on March 3, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff reports contained in Case File No. CUP-2003-1, which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City 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 March 3, 2003, fail to support findings, required by the Municipal Code for granting any Conditional Use Permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, 'and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 3, 2003, support the following findings: 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since the additional availability of alcohol may exacerbate crime in an area considered a high crime area. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the area is adequately served by nearby businesses that offer beer and wine for sale. 3. That public convenience and necessity is not served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2003-1. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 17, 2003, by the following vote: AYES: SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: AB STAIN: POSSIBLE FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the existing market has ample room available for the incidental sale of beer and wine. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is already developed as a market and has adequate access via N. Highland Avenue/43rd Street, an arterial, and the applicant has stated that the majority of his customers live nearby and walk to the market. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the hours of operation, limit the size and types of containers, and loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the addition of beer and wine sales will allow the applicant to provide a wider range of products, similar to larger chain supermarkets, and the new use will allow local customers to complete their shopping at one store rather than having to go elsewhere to purchase alcohol. 5 POSSIBLE CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes the sale of beer and wine within a 5,699 square foot market, for off -site consumption, and shall conform with Exhibit A, Case File No. CUP-2001-05, dated March 28, 2001, except as modified by conditions of approval. 2. Pennittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. Approval of this permit shall allow the sale of beer and wine for off -site consumption only, the sale of all other alcoholic beverages at the site shall not be allowed in any form. 4. The sale of beer and wine shall be permitted only between the hours of 8:00 a.m. and 11:00 p.m. 5. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 6. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 7. No wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 8. The sale of wine with an alcoholic content greater. than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. 9. Permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 10. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 11. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 12. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 13. The display of beer and wine shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-2001-05, dated 3/28/01. 14. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 15. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of beer and wine and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17. The quarterly gross sales of beer and wine shall not exceed the gross sales of all other commodities, excluding fuel sales, during the same period. The applicant shall at all times keep records which reflect separately the gross sales of beer and wine and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 18. No coin operated amusement devices shall be operated on the licensed premises. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 20. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 Conditional Use Penult 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. 1840 Eta St. A A CO P N O HIGHLAND VIEW TOWNE CENTER N O O 10 A9A6 RM-2-PD PINE = UM T AP RTM'NTS CO HAPPY HOLLOW TRAILER PARK RMH CITY BOUNDARY *` -vra ZONE BOUNDARY 300 Feet N A LOCATION MAP Proposed sale of beer and wine at 151 N. Highland Avenue CUP-2003-1 NATIONAL CITY PLANNING DRN DATE: 2/6/2003 INITIAL HEARING: 3/3/2003 SITE PHOTOS 7 Dias market, looking east from Highland Avenue 7 Dias market, looking northeast form Highland Avenue C F City of National City Police Department 1200 National City Blvd., National City .,9M,z_ Phone: (619) 336-4400 April 4, 2003 TO: Charley Marchesano, Assistant Planner FROM: A.L. DiCerchio Chief of Police SUBJECT: Type 20 License for 151 N. Highland Avenue Reference Conditional Use Permit Number 2003-1, the National City Police Department respectfully objects to the issuance of a Type 20 Off -Sale Beer & Wine license for the 7 Dias Market. This business is located within National City Crime Reporting District Number 210. The objection to the issuance of a Type 20 Off -Sale Beer & Wine license for this location is based upon the provisions of Business and Professions Code 23958.4. The National City Police Department Crime Analysis Unit has conducted a statistical analysis of reported crimes and arrests in this reporting district. It has been determined that this location is a designated "High Crime Area" within the meaning of Section 23958.4(a)(1) B&P. Additionally, our records indicate the maximum number of ABC licenses allowed in this census tract is five and currently there are two existing licenses. Although there is not an "Undue Concentration" within the meaning of 23958.4(a) B&P there is no showing that "Public Convenience or Necessity" will be served by the issuance of this license. Conversely, there is evidence to support the contention that "Public Convenience or Necessity" will not be served by the issuance of this license. Finally, the issuance of a Type 20 Off -Sale Beer &'Wine license will tend to aggravate existing police problems in this immediate area. The National City Police Department Crime Analysis report for this reporting district is attached. Additionally, last year a representative from the market contacted Lieutenant Ray Allen, the Administrative Support Lieutenant on December 3, 2002. The representative from the market, Mr. Jihad, presented Lieutenant Allen with paperwork from the Department of Alcohol Beverage Control. Lieutenant Allen signed the document in error because he thought it was to start the application process and the National City Police Department does not object to any applicant starting the process. Every applicant is advised that they must also apply for and receive a Conditional Use Permit prior to receiving a license from the Department of Alcohol Beverage Control. The National City Police Department did et Recycled Paper IC not comment on the original Conditional Use permit application because Lieutenant Allen did not receive the request. Your attention to this matter is appreciated. Should you have questions, comments, or require additional information, please contact Lieutenant Ray Allen at 336-4514. Sincerely, A.L. DiCerchio Chief of Police Department of Alcoholic Beverage Control •APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ,ABC 211 (h/991 7/ ate of California TO: Department of Alcoholic Beverage Control 1350 Front St., Room 5036 San Diego, CA 92101 (619) 525-4064 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 20 Transferor's license/name: SAN DIEGO HANNA ANDY SLAWI 7 DIAS MARKET File Number: 396415 Receipt Number: 1403306 Geographical Code: 3708 Copies Mailed Date: January 6, 2003 ,t/ Issued Date: ' ` 151 HIGHLAND AVE STE A NATIONAL CITY, CA 91950 SAN DIEGO Yes Census Tract 0118.02 2002 ASPEN LN EL CAJON, CA 92019 Dropping Partner: Yes No License Type 20 OFF -SALE BEER ANC 20 OFF -SALE BEER ANC 20 OFF -SALE BEER ANC Transaction Type Fee Type Master Duo Date ORIGINAL FEES ANNUAL FEE STATE FINGERPRINTS NA NA NA Y 0 0 1 /06/03 Y 0 01/06/03 N 2 01/06/03 Total Fee $100.00 $167.00 $78.00 $345.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on -sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN DIEGO Date: January 6, 2003 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any., direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) HANNA ANDY SLAWI HANNA MAYSOUN NASSAR See 211 Si•natnre Pag• ( )Th Department of Alcoholic Beverage Control INDIVIDUAL PERSONAL AFFIDAVIT Instructions: This form must be completed by: (a) sole owners; (b) each general partner, (c) or stock of a corporation, limited liability company, or limited partnership; and (d) spouses. State of California GRAY DAVIS, Governor Business, Transportation and Housing Agency MARIA CONTRERAS-SWEET. Secretary persons holding 10% or more of the capital 1. FULL NAME (Last, first middle initiaq I /1Arn /l-11cy S Ls LJ i 1 a PREVIOUS NAME(S) 3. FINGERPRINT DATE (ABC USE ONLY) L—S /-- 4. PREMISES ADDRESS Is/N./// //L,qc /11E•41A, //Aro, JL.CiTy.1 oil el/4sD 5. PREMISES TELEPHONE NUMBER (6/9).262-79gi 6. HOME ADDRESS aa0.2. /i5 L.A/JE, I=LCA✓d/JI CA! 9a0/9 7. HOME TELEPHONE NUMBER a/V 579- 3803 8. MARITAL. STATUS 0 Single Eg Married 0 Divorced 0 Widow(er) 9. WORK TELEPHONE NUMBER (6 / 9).262 - 7 9.21 ■ Separated 10. PERSONAL DATA r� Male 0 Female HEIGHT [ 5'6" WEIGHT 'WEIGHT EYE COLOR excum HAIR COLOR PP,vwA1 11. DRIVERS LICENSE NUMBER A 820460o 12. STATE WHERE DL ISSUED C441FeR/4/4 1a SOCIAL SECURfrY NUMBER 375-S8-9770 14. BIRT DATE r;-29- /9s6 15. BIRTHPLACE gArrimab,/rf?AQ 16.1 AM OR WILL BE 21 Sole Owner 0 Director 0 Spouse ❑ LLC Member/Managing Member 0 Partner 0 Stockholder 0 Manager ❑ Officer Title: 0 General Partner 0 Limited Partner ❑ Food Lessee 0 Other 17. FINANCIAL CONTRIBUITON TO THE BUSINESS (I. Box B is checked, you win need to complete Form, ABC-208-B) ❑ A. I am not making a contribution in any form 0 C. I am contributing labor/expertise only ® B. I am making a financial contribution 0 D. Same as the affidavit of 18. SPOUSES NAME (Last first, middle) finable alas) 19. MARRIAGE DATE 20. MARRIAGE PLACE //ANn/A..-n;; ysvi.M PJ • 8-a7 - 1921 TaniTlEc-7d, 21. Do you now have any direct, or indirect, interest in any other alcoholic beverage business, or have you ever been an alcoholic beverage licensee or an officer or director of a corporate licensee in or outside of California? al Yes 0 No IF YES, EXPLAIN 7Y04 —20 (PEER 1 /c-)L/C,ENSE /iT SWEETwATER MART,,IA71W ,L)L clTY, CA 22. Have you as an individual, a partner, or while an officer, director, or stockholder of a corporate applicant ever had an alcoholic beverage license denied, suspended, revoked, or an offer in compromise accepted or rejected? ❑ Yes Jl No IF YES. EXPLAIN FROM (MONTIVYEAR) 7 - /'192 TO (MONTHNEAR) PRaE74- TYPE OF WORK C 'oC& y FIRM NAME AND CITY '7 2)/AS MAivar, f f}71OIJALe)ry 24. Have you ever, anywhere or at any time, (1) forfeited bail, (2) been convicted, (3) fined, or (4) placed on probation for any violation of the law? (5) Are you now actively being prosecuted for a criminal offense? (If any of these events has occurred, this question must be answered 'Yes' regardless of subsequent court action resulting in expungement, unless an order sealing records under Section 1203.45 of the Penal Code, relating to persons underage 18 years, has been issued. If no order has been issued, the answer must be Tea, ❑ Yes ❑ No ARREST DATE PLACE OF ARREST OFFENSE RESULTIDISPOSFON 1 HAVE /NEVER daEid Con/LiICT�D es.FAAP/ CRl/`9E nag 7P6cE /S "v y ex I M/NA L /9CTIo1J p6vo NG //C,q/N ST ME I have read all of the above and declare under penalty of perjury that each and every statement is true, correct and complete. AFFIANT SIGNATU TITLE DATE SIGNED /-6- 03 PLACE SIGNED �AN.2)/E 0 CA A E PLL.OYEE NOTARY PUBUC) ABC-208-A (9/01) l3 is true, correct and complete. A'FRANT\SIIGNATURE / DATE�SI NI PLACE g ptkCC'1(-� I-6-o3 ABC-208-A (9/01) 5;9/1 a/Elyd, CA Department of Alcoholic Beverage Control INDIVIDUAL PERSONAL AFFIDAVIT Instructions: This form must be completed by: (a) sole owners; (b) each general partner, (c) ' or stock of a corporation, limited liability company, or limited partnership; and (d) spouses. State of California GRAY DAVIS, Governor Business. Transportation and Housing Agency MARIA CONTRERAS-SWEET, Secretary persons holding 10% or more of the capital 1. FULL NAME (Last, fest. middle initial) s %/.4NN/L .--ivieLyseitf IV4$say 2. PREVIOUS NAME(S) -74 1,1 ✓ lag/s/-iA 3. FINGERPRINT DATE (ABC USE ONLY) -6, 63 4. PREMISES ADDRESS i5/N• ElafiGANb 4VE. it:Ai nfATivia e1Ty, Cf1 919So 5. PREMI TELEPHONE NUMBER a/021,2-7921 7. HOME TELEPHONE NUMBER CGl9)575-3803 9. WORK TELEPHONE NUMBER (4/9) 9 21 6. HOME ADDRESS .,2062 ,,1 L.AN6i, ELCAJo(11, fA 92olq 8. MARITAL STATUS Widow(er) ■ Single in Married • Divorced ■ Separated • 10. PERSONAL DATA HEIGHT 6'2" WEIGHT l/2s1bs. EYE COLOR /3Rown) HAIR COLOR 13r?o1NN 11. DRIVERS LICENSE NUMBER C 1gogggg .26 2 - 7 12. STATE WHERE DL ISSUED CL4A ■ Male El Female 13. SOCIAL SECURITY NUMBER 383-72-2292 14. BIRTHDATE /- 6- 63 15. BIRTHPLACE ,rii9 /r»9 , /HA CZ ❑ Sole Owner 0 Director 14 Spouse ❑ LLC Member/Managing Member ❑ Partner 0 Stockholder 0 Manager 0 Officer Title: ❑ General Partner 0 Limited Partner 0 Food Lessee 0 Other 17. FINANCIAL CONTRIBUTION TO THE BUSINESS (It Box B is checked, you will need to complete Fern. ABC-20139) ® A. I am not making a contribution in any form ❑ C. I am contributing labor/expertise only 0 B. I am making a financial contribution 0 D. Same as the affidavit of 18. SPOUSES NAME (Last Asa middle) (Include ales) 19. MARRIAGE DATE 20. MARRIAGE PLACE 1/an/NA, 4)-►dy 5. 8-27- 8i 5'At.1.lE0, CA 21. Do you now have any direct, or indirect, interest in any other alcoholic beverage business, or have you ever been an alcoholic beverage licensee or an officer or director of a corporate licensee in or outside of California? ® Yes El No IF YES EXPLAIN AZER aphy,/) LieE.vse AT 57,1Eerarii-r6( r9ARKr-T, NATWAL Crr1, CA 22. Have you as an individual, a partner, or while an officer, director, or stockholder of a corporate applicant ever had an alcoholic beverage license denied, suspended, revoked, or an offer in compromise accepted or rejected? ❑ Yes EN No IF YES EXPLAIN 23. CURRENT AND PAST EMPLOYMENT (For at least past five years. Use additional sheets if needed. FROM (MONTWYEAR) 7 -. / 942 TO (MONTH/MAR) /'R6sEN'r TYPE OF WORK GRecp e y 'FIRM NAME AND CRY 72)/As r9.9RKET, / 777on/AL e/T y 24. Have you ever, anywhere or at any time, (1) forfeited bail, (2) been convicted, (3) fined, or (4) placed on probation for any violation of the law? (5) Are you now actively being prosecuted for a criminal offense? (If any of these events has occurred, this question must be answered "Yes' regardless of subsequent court action resulting in expungement, unless an order sealing records under Section 1203.45 of the Penal Code, relating to persons under age 18 years, has been issued If no order has been issued, the answer must be 'Yes., ❑ Yes ❑ No ARREST DATE PLACE OF ARREST OFFENSE RESULTLOISPOSmON .2 FlBV`E nl6116e. i34-6J CcnN/cTfiU or/ s/ eR/NE nlo/ 71/60.E /s y/vy tom/ ,N.. AcT/on1 PEE /Ale ,4 4/NST MF • ave read all of teabove and declare under penalty of perjury that each and every statement TITLE SPousc ATTEST (ABC EMPLOYEE OR NOTARY PUBUC) National City Police Beat Map Existing Potice Beats 20, 21, 23, 24 Police Beat Boundary Reporting District Boundary Rejorting District 210 `: M 0.5 Mies 0 N Apr-04-03 10:45A PLANNING DEPARTMENT 619 336 4321 P_03 CRIMF TYPES CITY OF NATIONAL CITY `~- ABC REPORT JANUARY 2002- DECEMBER 2002 PART I CRIME & PART II ARREST REPORT RD 210 TOTAL CRIMF TOTALS CRIMINAL HOMICIDE 1 FORCIBLE RAPE 3 ROBBERY 6 AGGRAVATED ASSAULT 36 BURGLARY LARCENY 17 MOTOR VEHICLE THEFT 36 ARSON 32 0 TOTAL PART r CRIMES ARREST TYPE 131 ARREST TOTALS SIMPLE ASSAULT 12 OTHER PART II CRIMES S9 CHILD & FAMILY 8 DEADLY WEAPONS 1 EMBEZZLEMENT 0 FRAUD GAMBLING 0 5 MALICIOUS MISCHIEF 5 NARCOTICS SEX CRIMES 18 FORGERY 2 OTHER NON -CRIMINAL 0 18 TOTAL PART II ARRESTS 154 REPORTING DISTRICT TOTAL = PART I CRIME + PART II ARREST 285 REPORTING DISTRICT AVERAGE (AGENCY/39 REPORTING DISTRICTS) 145.2 AGENCY WIDE TOTAL = PART I CRIME a PART II ARREST 5,661 REPORTING DISTRICT TOTAL AS % OF REPORTING DISTRICT AVERAGE 196.3 * 120% & ABOVE IS CONSIDERED HIGH CRIME AREA 2/6/03 NCPD CRIME ANALYSIS MAR. 3.2003 12=34('N NRIi(A`IHL WAY t'VLILL I11.7.31J r.1,1 City of National City Police Department 1200 National City Blvd., National City, CA 91950 Phone: (619) 336-4400 March 3, 2003 TO: Mr. Sarni Jihad RE: Crime Statistics in area of 151 N. Highland I have checked the computer for .1 mile radius and .5 mile radius of 151 N. Highland for crime occurring in that area for the period of 7/1/2002 to 3/1/2003. Nothing comes up. However, I checked the exact address and found 2 vehicle impounded — one off the street and one because the driver did not have a license. There was also a petty theft from the 151 Highland location in January 2003. • If you have any further questions, please do not hesitate to contact our department. Sincerely, SKIP DiCERCHIO CHIEF OF POLICE Rosemary Roland Police Records Manager Recycled Paper January 24, 2003 City of National City Planning Department 1243 National City Blvd., National.City, ROGER G. POST - DIRECTOR JAN ? ^nn1 S19 C' (6191336-4310 NATIONAL CITY Pi A NNING DEPARI'MENTi'Y FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT JAN 2 SUBJECT: Case File No: CUP-2003-1 for sale of beer and wine in a grocery store at 151 N. Highland Avenue, in the Highland View shopping center. This Conditional Use Permit has been submitted for Planning Commission consideration. It requests approval to sell beer and wine at 7 Dias market, at the southeast corner of N. Highland Avenue and Eta Street. The attached recommended conditions of approval note common restrictions for beer and wine sales in National City. Please inform us if you recommend any additions to these comments or if you are in opposition to the proposal. Please submit your comments or recommendations on the proposed project by February 7, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4310. Thank you. Charley Marchesano Assistant Planner comments cc:Cit;-Police Department City of San Diego Police Department ® Recycled Paper Por La Vida City of National City Planning Commission March 3, 2003 Recommendation: To deny the proposed conditional use permit for the sale of beer and wine at the 7 Dias Market Statistics: • The proposed location at 151 N. Highland Avenue is in an area of high crime according to the Planning Department report. • The r eel's no need for an additional license in the area given that two liquor stores are located within Igo -same block5as the 7 Dias Market. • Although state law allows more licenses in the area proposed (census tract 118.02), the surrounding census tracts in National City are at their maximum limits for off -sale alcohol licenses (census tracts 118.02, 117, 120.01, 119.01, & 119.02). • The city of National City currently has 96 retail outlets for alcohol, in 8.5 square miles (Partners for Prevention, October 2002). • An additional alcohol license may increase alcohol related crime in this area, make the area even more unsafe for community residents, ?increase the need for police services. • Research studies have found that by adding a single alcohol outlet: ➢ 2.7 additional motor vehicle accidents occur (Scribner et al., 1999) ➢ 3.4 additional assaults occur (Scribner et al., 1999) ➢ The risk of murder increases by 5% (Roncek and Maier, 1991) ➢ The number of violent crimes committed by youth increases (Alaniz and Parker, 1998) • In 2001, the City of National City had 693 alcohol -related crimes (National City Police Department, Crime Analysis Unit, 2002). ai Recycled Paper City of National City Planning Department OUT ITEM NO. 6 MARCH 3, 2003 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF PUBLIC HEARING CONDITIONAL. USE PERMIT FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 N. HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER CASE FILE NO.: CUP-2003-1 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 3, 2003, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed Conditional Use Permit (Applicant: Andy Hanna). Any person interested in this matter may appear at the above time and place and be heard. The proposal involves the sale of beer and wine for off -site consumption only. The product will be displayed in existing coolers near the back of the market. Members of the public are invited to comment. Written comments should be received by the National City Planning Department on or before 5:00 p.m., March 3, 2003. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. it'SBc:t• 451> NATIONAL CITY PLANNING DEPARTMENT ROGER G. POST Planning Director PUBLISH IN THE NATIONAL CITY STAR NEWS: Friday, February 21, 2003 J tki t lam. C t S6 A r U.acatatito INN'tftaAltiri"") 4.A.Aal4ant1/4. 4641' s jauf41;13 ri1 , 7 DIAS MARKET 151 N. HIGHLAND AVENUE, #A NATIONAL CITY, CA 91950 (619) 262-7921 Planning Department National City, CA 91950 Re: Appeal Planning Commission Decision of 3-3-2003 I am requesting a hearing before the City Council to appeal the decision of the Planning Commission of March 3, 2003 pertaining to CUP 2003-1. Thank you. Sincerely, Andy S.Hanna Owner, 7 DIAS Market. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Conditional Use Permit for the sale of beer and wine at the 7 Dias Market at 151 N. Highland Avenue, in the Highland View Towne Center Project Location: Northeast corner of N. Highland Avenue and Division Street Contact Person: Charley Marchesano Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit to allow the sale of beer and wine for off -site consumption, at an existing market. Applicant Name and Address: Andy Hanna 151 N. Highland Avenue, Suite A National City, CA 91950 Exempt Status: ❑ Statutory Exemption. ❑ Categorical Exemption. Telephone Number: (619) 262-7921 ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: No construction or expansion is proposed with the project. The proposal will not have any significant effects on the environment. Date: Charley Marchesano Assistant Planner ® Recycled Paper 00 NATIONAL CITY, CALIFORNIA APPLICATION for 17 Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT �USEE ONYNLY Case Number (%�// --i.�Y,L/ ,J — / Filing Fee $ Receipt No. ����� Date Received �� y �V E.A.F. Required Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) 5 c ATTACHED PROPERTY LOCATION I S i ,1U - \A l c)-\(1, \ P Ld CW ; fl No. Street between b/ vi S" / c iv and I/f 6,NL4N:6 A u &iv' &LG COMBINED GENERAL PLAN/ZONING DESIGNATION 6-0 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 a3 1:1/15/ 299'9 16 15 519 611 T04A4INSURA PAGE 91/91 7 Ma D 15'1 N. Hi igh and et Sta A National City, CA 91950 [rS 419Jo76xw17Ly REQUBT: The Applicant requests a Conditional Use Permit (Chapter 1$.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the foliowang purposes: rd,tIn metal,1d-' BE$M!T —14IIL2ciE / EkeE s4�i�ili��'� Ceu�tyl5e'x TOW Wirier 71,16 ours js. dasie ._ w1Lt, pL4C b.. ; ,t R pll. Lim& MEA6'0aitrg c'Roazy w1AR116i_ ei / 3LtcE NAS re Si ec PROPE;2TY OWNER(S) of all property included in tbis application: (Attache d extra sheets if necessary). AV ,yc eenen j�, GL G / Name: _ F'r•.te hQk ' / kco Name: Signature am. (Si„t a edges a this application is being filed) Signature a (Signature acknowledges that this application is being filed) Address /20 Qi.y Ve ,'7 .i''"R 1/ Address: _ r7osn.a / C,4 9JzJG Phone 1 o. Cei&) 5as - 000el Fax No. (g `-- 080.3 Date: v 4,'J - i , '2473 Phone No. _ Fax No, Date: Cozldition ai Use/Planned Devetopracnt/Plantcd Unit Development Pe mit Application Revised Ile —caliber, 1998 rage 2 of 4 APPLICANT Name: i3NL y ImNNA (Please type or print) Signature: (Sigfiature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: /5/ N • H/68LAN2i AUF- # A /' AT)on/AL city , CA gI y'Sn Phone No. (6i9) ;262-792) Fax No. (6 / 9) 26 2 - f 7C ci Date: /_ /6-- .2003 cov7gc; : 7 .SAM/ ,/)NA7 f - (6i4) hi'Igq--11-rf vG &c (Gt9) 660-y57i -lam (610701- coot) 07, (6iv /7o-g&'gg fig. no/ J)HAZ 103 /4VEiJibR etimyzirj LLC4JCN, Ch 42ozo Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 f _ FORM PER SECTION 23958. for Off S . On Sale Beer and Public Prem ' Licenses 1. PREMISE ADDRESS: /S7 AIL LICENSE TYPE: Ne t) 9-6 LICENSE 3. TYPE OF BUSINESS (i.e. Bar #4, Na , d 2/ p�-o Gas Station, etc.): CRIME REPORTING DISTRICT //k,0 Z NUMBER OF LICENSES ALLOWED NUMBER EXISTING DISTRICT AVERAGE X 12Q% = = HIGH CRIME (20% average) CRIMES IN THIS REPORTING DISTRICT BEAT MAP NO. If the above premises are located in an area which has an over concentration of alcoholic beverage licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code, contact City/County official for completion of this form. (This section to be completed by City/County Official) 4. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE? ( X ) YES ( ) NO Name Sf City/County Official Phone Number C tQ 1 Z- o3-02 Signature of City/Council Official Date Under the penalty of perjury, I declare the information in this affidavit is true to the best of my knowledge. I acknowledge that any fale or misleading information will constitute grounds for denial of the appliction for the license or if the license is issued in reliance on information in this affidavit which is false or misleading, then such information will constitute grounds for revocation of the license issued. APPLICANTS: SIGNATURE:. ^^ `— DATE: /2-03-02 (Please Print) APPLICANTS NAME: Mtltk,yVjcl Pt \ MAILING ADDRESS: 1 Cl (i ; tc;Y. Vo,n et O..tie 1- Civve,.L C r' V\ at 1 `15Z� O1-1-1CIALS: MAIL COMPLETED FORM TO: 1350 Front St., Room #5056, San Diego, CA 92101 San Diego, CA 92101 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE'1111,Y DESERVE. Name l e l ii-/21 4-7- YY M/0- FS Address J ,Cr-2 ' 112- S 2 5 9 i% i9/ ) Name --,j©S � 3,L tf Signatur Address 979 I11f G_ /0P c' ✓ /» tiC , Date igned 1 / — Z 1-0 Z �' Name %i/ D. , / v4 Signature -.2 //.-Z/-r- Addres 6 __ G—/ 'e� i Date Signed ���� Name z Aec (_ A l / Signature ,LOrU ' C_mt erf-' Address 0 % E7-21..54), J`%d* Date Signed // cJ4I--I' -- (e Name r-7� n -, �`_/z Signature Z t� Yia w /����" , Address / 7, �G-L(1- -t a /2_ Date Signed // /-6 Name ` (e-- f{c6{-(k Signature Address q0'-- J/2 He F ( - Date Sig ed /I -2 - 0 2- Name /� V-•/ ( t1 r!, (r�-� Signature Address / " Si 6 5 /-) Date Signed // Z/ -0 ? Name Rep n riq (Ala( (' () 1. C k Signature/�e� �%11�-h. �z Address ) 3/ f IL). ji i c1 /h� Ion (i 71 LJ0 `/� //�� Date Signed //-2 (- U 2- Name 0 1(7�� Z.pt (- /4C1'=2/17 Signature (� ,c- e, ` C o v/7 tC� DateS' ned 1101/o .. Address �/� S�, Si� / � �$ Names 01-1T1 1! V P z Signature �; ��,r.�:liJ�s' Address ge zS 5T4 sr St? «y� %?// 3 Date Signed / / / 1/ — 0 Z Name , '/ 7-7-7 3-cie , <- -.--- �Siignature �% -- - � �J Address Pt 0 r I( a X �?) 6�, ✓ � Date Signed ���� Z_- Name ManuP- ( Slic-Ltre S Signature ,_,.--/j )\'----...---- 44•0' Address 41 ? 7 N rc,(!_ca._ X-NrP CDa • i' : ed u /z.V0 Z Atiu- Name �n_.a2„, )[= Z ao c. Signature . V'j Address 177 c , .» /15,0ti .S # .� // nJ. C CA - 7/910Date Signed a� 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THJ SATISFACTION & CONVENIENCE THEY DESER�IE. Name Address Nam Signature p Signature Address 119 Lf4 L n,� v Q._ � D . Date Signed Name (i-- K,v �S r-r- (3 cJ S' ft Signature Address / i 7 E % A Name Addre Name Addre Name S/f cz 1I -1-12Vr i-1 6 S •lAvk Address 1-(2G -2 55. 5 Name C,`n(i s ('1 c-1iN ivt'- e-( Address 3 I i(t ti',51-'1 igKu 2 Name <-CY�v1 q rt o/0 F;. / F ' i Signature Address li , :D c% S 7-, Name %jh7 a 7`'') / - <- ram. Signature Address / i' k 1tvc Wit/ ,U-G C4 'fi/gS`C- Name F., / i Signature Address / G �� v i ," / . i / ate Signed / Gr/, 9 ( IaN -?I)( ri. Signature /,% e-' Address 4,57 Xi.. /-/f 611 Ltfr1) Av S . ate Signed, Name (0a,- 2f 9.014 Signature �c.f Address Sc.f1 0r S � Date Signed // c� "�p Name �2 f l,�.sTc% LDS®.�. ?� 2 •-- Signature � _ g Address / 3/ A / 14 .e,7,,7////ram Signature Date Signed //- Signature e,, Date Signed 1(_ ignature Date Signed —ter a e gned) (.- Signature h.d ki-se l Da, Sign; . I -G Name degv— Date Signed /r ar/aZ Date Signed // • -,/J . 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIEN .via Y DES Name! .ei�rY 4 5- Address es j -d S 4 Name--'e4z,. Address SJ,7 O� - /oG Name ..&. 0- Address-=1 `:) \cz-{vo Na►rie �2�,� 11-1j(7 Address Name A Y LiGt (4 G Address A T7 • 340p Signature 92/i 3 Si. i : re %ZC SysD Signature Name 1 1-(-f i UL 5-14. rAts Address Name Addres �% CI (R� Jr) Name lU P ILL \ 7 Signature bate Signed // ••=7-/- 62- Date Signed / %. e Signed ) \ 21 /0 Z Signature Ana2VDate Signed ate Signed Signature Signature Da Address 7 e":" 3 e> < /() 5 tF 5!) C�_. 92/3 Dat Name WIT cc- C[ cC Address Name . en 611 PJ✓! 2L S iagne2-i/G t- Signature ti' " f i e_d- .1.19_,C04 to Signed(/l Signature _ Address 8 / i / i' 3 50 Co Date Signed / /- a / - Name 6,A,t Address Name / 1r ,"/a c. / q Address `/c 7 Z� ��T,« n Name I \\ f'N Dt1 O11 \V Address 3 )1 -GA 110+, Signature S 7- Signatur Signatur Date Signed //. 2./ -- /-2/ ate Signed//-•x/" /° Z F "4--/mt/th Date Signed %/ • 2/ {7_ 9)f) 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name t Signature tiS Address �vl w d5 I S ( 50 ate Sign /io c%i Name 0,41,,N,„ Address (-/'O/ /e. i,t�, )t. f o- Q Name d c.. MTh 1(A'c:_ Signature Address L .c SignatureC--- S C A `i‘ tl IS Date Signed 1 / - 2.)-o 1- ate Signed it j-'t- Signature 7.21 d Q,p Name /14'0)e.:, Address ilt:)g7 d`eso (©9 L�• /1-2/-0Z- Name Address 4 i p7`/A �T Name /) ";), LL) I, -S / E 00l k �( /4Cr'41 (As tffe Address Name Address Name Address Name Address O 5 Signature Signature Signature Date E — (o(C 'VI a Signature / S I?7/L(cfpr) c. l i"u 9L3 1 Y Name \O C (bO Address q Li Name Address Name Address %3 `' 20 `J cc") Name j�� j11F, pS Address 3 t j i_tkr.t�ca�.15" 116 ed/4v2/.c_4_ Date Signed .0e2 Date Signed / way o 2 Signature i1 i 6 p it S o Mope) Date Signed 1't -2 «‘-t' Signature yCA Date Signed %i 2 I —62 Signature Sigm tire Date Signed /.-,LI ,-0 Signatur!_-\ Date Signed I (/zi 3l 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PRO E CUSTOMERS WITH THE SATISFACTION & CONVENIENCE Y:1 ESE13 VE. a, v-���1 Name 6' Address Name , Add r Name --lcor )20C! jug' 7 Address 1JA--/Gn1n/ CrT, 3 Av. Name i7t. c/U Address LPS- 0.? n•c, r n.r a S Name (9i"�r,2 71 C,'G!v Address ,Fc'/p c /./C,,r c 6p/2 Name 1201 f P -y 7O0re Address 5I7' 1G 5tre e+ Name L41' IZf'/► Ce IA 00 I Address,/ ) Name \/044_ .Sya/gQ'l'r, Address/ j ,C 2 I L Name Address /3 - ✓� Name 2, Address e— ev Name \)('SY' �OK"'� Address Name GYme/I+ /l�lc /vv 7/— Address / i yZ $ . S"3m/ cS'7/ e e>' Name 17 17 r^ r;vr2 Address 0, ei /!.'c ,n i r p s-i S Signature Signature Date Signed //-� / 9- Date Signed /4 - .ai _ 0 2 ee-i Date Signed //'2 / 7 2 Signature 4/%3&�1/f/l� ed //-2 /` 10 Signature Signature Signature Signature Date Signed it- 21-O2- Date Signed iv 2_ ignaturri`� Date Signed JCS CO el eZ Date Signed 7/-z/ O 7 Signature "J�7v %'//e Date Signed //- Z/ - 6 Z- Signature c72 // ? Date Signed // - 2 /- 6,2 3a- 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATIISFACTION & CONVENIENCE THEY DESERVE. Name /ice fr/X 7 l702/1,gM-Signa Address J,/ / 1 O , / bc/l �✓S /ROOF Name i/41/�/ 1 y-•171r7- 1� Signature Name 11164X / W Signature Address / �� 9l 9Q7 Dat Name T -/\CC e)c'--rl cAri. GUS p Signature Address €'E7/► SA- 4V\ \ 02 Address Name( j).-s,-e 6./ rr-02 Signature Address cm q•'i--A ci— 11(3 YVIArncc P�- Name./ \ EAU t �- ���F- Signature Address3C( E Q L k Si - Name -0:. Address g` 5 ' � c• Name 1ft) AC'� JD ViSvrl S'r -oS2- Address r(q Name tr=A- 0 Address SS,•f 1)jai i o A 5-1- - l Name Address Name Address l ( 111)2 r 04 GJ Name LLB< Q Address Name /7 �t� -- 7c�• �J�i1'` L�`— Address 3 7,9 7151 Signature Signature Signature Signature 9/950 Signature ed lgiI�� ate Signed 1 f1 121 10_ ate Signed i t- 2 C^ a 2_ Date Signed /0-'74,z Date Signed Sig' ature e Signed D - to Signed Date . i : ed Signature Date Signed // --a 33 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEPICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY/DESERVE. Name \�\<VoJ\.s Signature 4.04 s� # Address\-1 Z4,Z P.S. C. C r� oti�5v Date Signed \\1 �c�Z ��� �,;�� Name /,1�T; � �/�'2G � Signature �� (.C��-tge-� G Address /, Z5S J L)/I// , i f- ! . l / f.1 Signed Name Address �'i i. SV,W1C0 Name C.— Address Name Address Name Signature I L:1 e Signed i1-2-'-15 Signature (- Signature DatE Signed f(/ t*l07 Address Name Address Name Address Name Address Name Address Name Address Name Address b.)L5 P iris is J Signature W sC yvvi G-20.Ao, 41/I/ /IOI ? O / C' J% g 1 - l/4e 70 t N „vvot Ceti /MP /317) !VMS C A Signat Mi, m f� -.fD c) -10 Signature ate S cL S- I). Date. Signed JII/aZ Signature c f 3 in /C f I I Name u Address . V� I"AL. A Milk .',Y it G11/.J r Signature Signature Signature i Signature at Signed / D/ � S*1 ned Date Sign at S ed af,av ate Si ned Date Signed ( z Z 02 - 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE [HEY DESERVE. Name�`//7k (lcfhe Signature Address V9/17 Ae./% (ry 7798 (�. Name (12,/i` 2• /i%UO�lil/�dJ Signature Name Er] 9ar Address R-/ Name Add res Name Address d'/7 Z-i/7 S i ri i ..-2?67/ r A. R S. Date Signed t I— A G 41..r ro A A ei . Signature OC-grjz/er •SI. S, . /7 Signature Address Name L.> QOJ t L Cp Address 1 , J` \ �Q `. $k J VO Signature C 92J/ Name �,, r c� <a v r Signature Address 13 ZA ('(.,-TT 2 ?� Name / LA (Z( 6 000 (;./ Address/I //r'1 cf -?/6 Name ( c: (' i ( " ' -4 Signature Address 8/7 CT% S #76503 Address Name Date Signed WeSignatur - P% 4- o z & L/3 kd .. �9 R7//4I1- vA Address X r , J 0/di ,')-- Name � t_� , - • i Signature Address, (�'1-e a_ Signature l Date Signed//—/; Date Signed //-2/-4.2- e Signed // /9/ it f2tfa Date Signed 1 1 ' 7-I /0 ,t j ) tee/ Date Signedlii 1/0 2- ate Signed C L o J ,i' l 8 Date Signed //'2 /6 Signature ,,,-A4 Date Signed Date Signed_ �" ) 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEPICTED TO PROVIDE CUSTOMERS WITH THE SA FACTION & CONVENIENCE " Signature/ Name �•/�( Addrese). Name joklnt r /, (r y'�a ti .- Address f/Y C777 5 L 9ft/0V / Name -i-- d Signatur Signature Address ti ([/' G .) Name Address C-'/ 3 Name -I/4VA 17 6 Address 8/ 7 (.. TA S r. Af f-. Zlob Name L._& c^ C lAx- eCA) r).`Z Signature Signature Date Signed / /- Z Signature Address 'J7 (O tilAtS/- 1 ? - ST • Name iA 6i.CI po Address Name AddressjN -C.-An S Name Address /7S% arT /�b� Name Signature c . C; Signature Signature Date Sign e Ze--a z Date Signed /// Date S' ed2 Z — 4 L Signed 2-07_ Date Signed / / - 7,7 --O Z-- airm DaiiA Signature, Address Name .J �1 J Add, Nam Addres i n -° Na e Address ' Z Signature Signatur C. Sigjature /i-Zz-ozi rr'' Date Signed ke..7%. -9 . Date Signed / / _�zD 3(0 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WIFI 'HE SATISFACTION & CONVE.Y DESERVE. Name Address Name Add re Name Address Name Date Signed Signature ,/ Date Signed '( Address (/f 7 5 -f e Name ,$ --k -- Address `i K r/c. i f z�/ S t Name / -i,I Address 'Gfo.)-r i Name V /~r Address ,1 1. L Name • YE ,% i e ERt ro )/1V Je Z. Signature Address Name Address Name \0-9r &,44 ,q?' Address / C/40/9 6 61 n c) ,7—/, Name /30/1M G riJ //.O 7-- Address 2 �.7 J' V 'Y / I- V Name Ky ve5 /174 % P �r©G Address '// ,fidc/ICy Z t4N E' Name L(Jr e (mod+✓% /eZ e Signature Signature Signature Signature Signature Signature Signatur z Date igned I/- T2--J) Date Signed ` Signature U ✓� �4. ! � v°K, Date Signed . C)� Date Signed © /6 7/02 Date Signed 7- Date Signed // /2l /2 Date Signed if//n .2 Address Date Sign I 31 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name Signature 4. ( G✓r.,a�ia� Address E i 7 £/G s/'-re/ "'jai �1� f'.^.i (r// ei4r-d /ry Signature Name Address Name � / Signature Add res c_= Name Address --t (U ( Name [/G. c�a < �-� •2Signature y Address �/�° /am SD Name / �P-�i .01 C � . gVTJ' 2U ) s� ate Sig ned NL Date{Signed /7-22- -0 -4— eO c Date Signed (/ 2 M Y-1- M ►+�it1 A- I Address J / / ?a t-1 Name SI- Address,3770 G/137-ro'`Ja_,O&O Name pvLo, '�.u,2 Address 3170 (off woi cA ! to Signed Name /4a`/e_e/ L4 12 Signature t.��'C �/64. Signature Signature ' At Date Signed /�Z •cf Date Signed /% Signature Signature (1./.7Ac.., Date Signed %/- - Address3%-er- tirthrri Name C',2e/e.7 /I• / , Address3`J,.j 'Cm--05I tra.v-,-4 Nr\- 0 /7: 7 Z/ Address ii i ✓) 6 ) a�.-y�1.-4- Name /--e S -, > (( n 5 , ri.✓t.r- Address J 2. 0 S nc wvG o cf Name 3or6 U ,u LI Acc? Signature Signature Signature Signature 0o, Date Signed 5 Date Signed I1• Z.2 - 6 Z Date Signed i ( /22/0 2, Address ,%r, / 6 j) i �/ 'S tv 5 S Fl 0 f 1 i v O U Date Signed (•l ..t.e.4� 4/ Date Signed (/ 337 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY D" Names `'I I (i k)-ej ( tt�� _ Signature f Address ( I1�-- �i'[' 4 0� `-r-� Die Sign'' Up Name j'c v) Signatur Address 2 i l - 1 {1 ' V Name Address L Na Address Name Address Name Address Name �cS7/w 4 '26)4 �. 9-Signature Signatu r(I I v\/ Signa Signature Signature 0 o 7 -toFate Signed o �� l� 6 Date Signed j/ 2 Z�v Address 9 J 75 Z�'('f''y /2C Name '',Cr(. "� �`J ¢--( Signature -2 Address] U (. > < < i C Name Signatur rt Addres 9� Name e 4z -L-S c-te/�C rr Signature S 30 35df-, _ Address Name Address' Namec�� /7 Ern 57 /0 o / Signature i Address Signed (� 22 teSign.' f1 Signature Name /A�.` ✓i . ignature Address JO S e;13 e \ +ti9 �4 Date S' ed Date Sighed i 7K Date Si d/i� IU 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE 1'H.EY DESERVE. Address Namenor S• C`t itA 5 he, pi Signature 17 C40. 'k\ Name tvit; (%✓�S QC, �/; Address / O / 'C Name I` -`,di' (Ivllf ./ Signa Signature I /61P,r�..141 Date Signed to Signed //-Z Address ate Signed .4,� Name Cie r4 _ -1 O /� Signature Address ./'7 C :. 4 - 31D� / 1C • 41/ 9s 6 Date Signed // 77 , kD 2- Name 7 p /P vtJ/lt, f1.71-kf/' (' Signature : .f Address Name Q-U (�. a't Address l,' Name /'-'r, J rr'e% 2-6k 1f t% Address 6'4774:7;f Sl" g Name ' el''3%k^4► W f I l4✓n 5 Address IS / .1 ill/ P�%�`ta2:+ Name G✓r/k µ c Ca4i.,11�1021ti+',_ Address /0 Name Address Name L-ThI Yd() jimeV'\e Z Address t <J'1 NnOt C3 7 �C Signature Signature Signature Date igned Date Signed ate Signed Lvat Da Sign /1/Z7 G7 SignatureJJ a \ Date Signed I /- ZZ' 0 a - Sign..'ture D . re Signed 11 2 Z(0 Name „.d/7K7` �•_7i-, LPL" gn�ature Address 5/7 rlr 5 A25-02 Jd�?�ic�ii Name . \., `/'7 Address 41 Signature DAL' Date Signed ft--,22:C 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name LC%t.cgt'll'-y1,rGLc_fYY7 Address (7 Name 1�C" ]� • �t Vtr Address J(0` 3 f 1-} D 1-)poise /—C(5)Ne Name Signature 16"4e' ` --- Signature Date Signed I Date Signed 1 - 3 0 2— Date Signed// Signature Address 87. 7 F`-cti S f cS US Name 1 /ZAAie4fi s 1b c ?ci iC i $ nature Address — _ D , to Signed Name / ki' 4 - Address /ire 7 Gc.h'//.I- f Name //Lcv7litic, C=2c7,74-—6',ic.iS Address y0 .2C7 /1e5-.S iYl Q ,4 z. - 1 Name f1/(fir (-))14c i, r Address Name 0 6 V (u Address F( PRO L i- t Name —1 L, n, v R Address&/ (4`('Gl (f - Name Au,-cti 11 ;) vv- Address t (< ;c c-(c. j . NameC-,tLt3f RAC) N C9�7 Address 1.2 ,l (' �� n r�- 211G Name r�C{,ti(�( Z4.0..„6. • Address t4 19 ( ►J f7/4/t( , ( Name L 17 )fi7__ 0...)AT_t --c.7D Signature Signature Signature Signature "ate Signed // 3� o 2, Date Signed Z 3 z/ /1/23 Date Signed !(/ 3/, Z Signature= � 9 Date Signed //l/—z 5-6-7? . f Signature �i° cA Date Sign •eSigne. 1/- 3- 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name Address /35-- i/Cr 7 Signature i J� / j / Z ' Date Signed "/ d - 2 3/o z- Name �of � l( e.� �C/(.lQc Signature �%l/10,/%i& t x/! �� `) , 1 n, Date Signed / J2 0 Address r 3._..�7 �p�+C � i-� \J , < - ��'1 �1�.3 Name M '� t+e 1 't k,.�5 Signature IC20 {7E% Address -0 (ic't C Date Si ned - 3 •-0 Name of ,1 Cf r i I � 4) i 1f O r Signatur al-1Address 9) 7 E.+ ei 51. Date Signed 1 j-r�-� Name G r i., c_ i i ;_ i `c, KY c it IL), Signature , ...44-7L."_0,..4 (2.e e Address 4 ,_y s —r-t'' S 5' D cpci Z (i 2 Date Signed //-d2 3 - 0 Z. Namee ('°1 •c, _ {o k_Vc,i�xct Signature j. li 7.....Z. Addresselq cj ) N j *`c;,, ..; \ Date Signed I " 23 4 a Name P fly' i\tV Signature )J , L-3 hg).. Address / Name 56s4.e111t) 4/lei/Le Address %7'f %3/Q2 d C/ Name S:K.Elro �✓iL/..7�i^o%� Address %f 5f) ,/ F/ fi% S % , Name .c'fvK ( C' Sr S�� Address � i/d L �l Name /14/4/6/¢6-- L7/.,-;A= Address ///3 `/ C /E hi 5//we' A/c Name Address% JZ ' j �• d� - /11e'(0 , Name Dim( -eV\ -Tv) CD C.) nctICC. Address / 3 C l) yi( Date Signed Signature 62y Ja Bl. Date Signed // - 3 -- c2 Z Signature � ("/.3 S .u-'✓rev Date Signed 1t -0•3 Signature' 17% 7� Date Signed /1/ Z 3/ a 2_. Signature O-e c A i/ !S- v Date Signed / / Z Signature 1C p--/ Date Signed /'/ 0 3 /9d� Signature ��/'y l C., Date Signed //,/2-3/7'°Z 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. 2 Name ( l„ /0 i (Jci, r-;' `Y Signature.- e, \vc -z 3 i' Address Namecr Address Name 1tii o nbd (\c.VG 4-- Address i 1 1) L 3.7 j-k Name /6I.1C'/b H%/'t:�1-7 Address%352 �--v%ak-12 Name-4.1iicadn /0 � /". ►•' Address Name Cl Address�nV v *Elf)1c j z�— fi) Name /; IIr�H7 C�1 Address /p/O L•41,/ Name ) 01 (' 11d /, Address /jh&�i0 f4l.G�t .) Name .- j-- ,,,:�� . Address "?Gt.`'t C'_ 09,P,•, k.- 5\:- Name S .0 :/et r cr, j Address Signature Signature Name ACT) Y'O. -1 ?“, Uc 7 Address'/-{13 tCclte� AVg Name cc,• 12(N , CK-v- Address 9 7 c/n St' Ao/mS"Oj Name +n,j,16, l -60-77 iz e-re o Address 1-,7• 1f. 7 •� sy ' Date Signe Dftte Signed I Signature Signature 1 Signature Signatu Signature 0 Date Signed 11- 2 -3- ea Date 23-02 Li 7 Date Signed (' OD. Signature r/trt r? h (/ o Date Signed 7/ -,) .� -• 0 Signature Signature ,nature ed Date Signed // Z2 0 e Signature /e./. Date Signed // W •`DZ- 4(5 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name )4I4 n-Co (Li Z Signature Address 8/ 7 Name AddressS] Name f� , %C��C�J7- 7}-d 5). Address ' 5 ; t-p'¢ 1.30 ned I I -' 3-0.4 Signature Signature �. Name `J Jk-i Q t E I> 0 Signature Address /3)r AV�; Name JAJ A-L I t;Q(Z.( 1,1/4_ Signature Addressfij? E' i4U A S 1 API 1-1 a%ATJA II t.Ciitf (1?ate Signed f(- 23'0 2 R Name kL, Signature j/ '2 �-- ' Address '- / Z `7 ) b ,1 i . 5',1 , J ^ - c a Date Signed Name N�c cc� � ��c+ ��; S?C't Y2 C'w Signature Vinc dc+ I �tc� E2 fc& 1r? n( Address 11,,`1o2 4 o E u :� �. �� .� bat red / Name -f -SCi'- LOIN [ti. Address ZU -3W 'S• 4/2-/-Cf Date Signed, Dat Signed Date Signed / -Z3 --G Name 3e u S 1.-63/ a! ; •, Address Z'/7 . FTct eT " _n_ Signature Signature T�s c e-wc/A-s e; A'cr'TinAvg / [,�;'�)ate Signed Name,/A yrl/�• 0.cY /1.-', LS Signature '/e--:4.../ ��,10.-40-.01 Address 122' 72k6g,',i� /9//,, 54A,,i%/5cE) 69-'2//j Date Signed //23/0Z Name flnl4Ao,4:-icrtcTsee.-) Signature / ! '-G'` Address / 3/ 1/ r i/fe4-47'-v, % ✓ 'S t' : /CC,'o / 41 el'S ate Siged� No✓ Name j y CO i i e arI+? C. Signature rat�•(ft) Address `�1 :, (0t.kN, ,c, l-6,c. (I Ste,. km .(Cr.k 93.0 Z Date Signed l I - 22 --OZ Name 1116l a �-4f /.'r'" )I/} M Signature Address 7/ 7 %_ . /.7 74 S'7 lit YO 7, h'Pr' N 1 CI igned 13 /` •)vim 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE 1'HP:Y DESERVE. Name` l 70 l tv v-) • 1kk A-0 NI Signature AddressS -_-Li r.o/L 970 < <% Name osi U i2OC'(r yU`f 11- Address 3)(7( j CC`-l/rat )c..UOCCI Name MGrt n C/CIt'C'riirel Signature vv �,,�Date Signed // --2-2= /c Signature 4�t'o' Rv °�- Date Signed //-c2 --G Address 1/0t'/ Ma r, n ' \a/ J Cu e �rgcy to Signed // 2 - 2 _.. Name pC.\fi ( cU F • 4 a Signature 11-CC'(-><) C (Zeoa - Address (�i ✓ 2 V 2 1 2 e Date Signed 1- 3 -C Name ,jOHWW X -ANW L., Signature-,:i Address 61 7 61-A N. C i' A 117 SO Date Signed I/- Z 3 - 0 2, Name YY'Ur 1C- eri'l-%tVi Signature VY�'�v A--(1 L lam—•-• Address 11 All10i-I Date�'+Signed t i J ? 221 0)- Name �""f,�'ic� •3•1 I (.2r1Q ✓ } Signature ✓ty, ir9g Address 4/v 410 lj0 { (A1 CO: St .TT `J, DO A g413Date Si ned��C�,� O.Z- Name %Ili C/`J 2 -lam Signature -.A; Address /0/ /0..//1 e'L �. Name },vr ,,✓ t_ 0 / 2- Address 730 k/-1J j Avis/i'�� .i I Name / A/11 ct-4_0Q42/7) Address yQ / J fern Name 6 k, d c1 L c((C% ' Address / 7 e iC;• S+ .4r 2 t(0Y Name Address lko0(o S Name Address I L.(� G )� f CL Date Signed/ / — M6L2 Signature Signature Signature Date Signed /7-2 3 --4? G��ivK-"yt, tt. Date S. Red 75- Od- ��?? �Dat ed I � - 3 3- U3- (2 a rG Date.Signed //`Z 3"O Z Signature //-2?-c22 s 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS, WITH THE SATISFACTION & CONVENIENCE THEY DEERVE Name Address Name t/ Signature S/7 E n i3 D L A/. C iv i9 ,rat//ci -( ,� Address '/� %%% � / 0 Name ('/2/67' / C/./'1 4I Signature( Date Signed dad! v5ziaue 7d*lOT 2-,. Date Signed Signature * .. / LrtR- Address )l�`ti� �� . ?fir( : LG << I Cl ±() Date Signed 1 Name LQSi vtv W (I'giy1S Address 1-7 L L4 Q n UK/ Name (1‘)S( ki/ s Signature Signature A42640v.aal/aAle Dte..Signed Address /c, c C �_ 5;9 GU jP o D /?1) Date Sine&L.,/ 3.02 Name in i l r19 / I I c' di' ite& Signature Address/At ( /_ /2, (/i c) ' S ,- Set Name Ha r, lCJ /4-i S '--r-- Address='=" Name .7 2IerIc` tvt--726111/0 f Address Signature Signature Name ''rats /0 Address '/J /> 1L �� �r)1(f.0(0 4144 Name L/ v 17/ c;--cJr7 Signature Signature Address Name J',j ttttwt r1t� ��r. Date Signed / / 3 ._0 Date Signedy/ /- 23- D`L- no_&-6 Date Signed /// 3/0 Gc-41- '1 Date Signed Id - ay_l/.. (� Siga,atuure Address%C// SI- ��.Ac.'n<t/r,.IY •c%J AA Name Address Signature ate Signed I I - V- Date Signed it—zS--",;L Date Signed (l % Name.3/,. ,fit/,,,et��Lr����e Address - - /Z.%y Signature Date Signed /1/? 1//(i� Y4) 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE TTS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. i Name / 10 Address �/i/ �� <,'�' Name o �� Address 6/ G Name ,4ei, ; c, !l' Cif%! CT/� r Address /3/-A). /I/y!i/4,y Au' ///� Name 9 ii 9cr Address &/% 6 c3r,c St Name-?r /ZCo L-(_Q� fl Signatt e Signature bate Signed Signature _ 01 p// Date igned 11 - a`// Signature e/�.. < / d=''4? /c Date Signed /y/2y'/ 2 eri S .�f i. ✓t �Ct l A Ca C Signature, - _., ,U _M�q Je t /�{ �� frc vim, 0 Address.`? S . 1 - Name, j0, . € „ Address °IDS A/0, (47 «✓ NameL__:; L (. 6 0 Address // J' /JI'`t e e Name )1 Address 3 (4 )t i c U , 5.-C Name AMA / . U ryi l Address ti// f/- Name itC Address Date Signed -Ul- kup 7J Date Signed / Signature s — �� ,,.,'�'e/d Date Signed i Signature Signature Signature Date Signed /V/> giram bte Si¢n¢d I i Date Signed fll�(i/J� Signature Date `Signed/ /-2 0 Z.-- Name feCip//-s -,./, j1.r�e � Signature _5q.., ,' o /2e/.2 '/ AddressW7.2V2.5%r,t s`I' - Ya4{sew DateSigned///pc % Nam-e(C4%rick s, i 0 5110 2�i Signatu -�SCt 1P-?-c Address ?97 c 1 ‘/ 13 , rv't,... Date Signed I I-Z(t-oZ Name l/eri:i,,,, •G /i///, /- ,, r.-z SignatureAbLe-7,l Gt 27/6 c�'u Address (/ we vf°/4 5 ( /t/ SO. //. % 2//3 Date Signed 2fr3 ^'•1 ,L c.;s zy/c Dat--e Si kJ/at; /(=Z�y/�C%�_ Ct; �afil,(S�'/ Date Signed l 11,9.q/00—. Address / Name ine ` 1 lc,f e z Address LI I ( -, C 5f. 5' (,) . C Name e 7M P- HAP. Gc1',d✓ Address 3,3 j .701\1 Ci t6P _ Cauv' 1 Ci_ e Q �;\ot v\SC7 t L' -t 'Address 9 1 v\ �t ?gib P-ert'%N�l'+ -C-Kst). V 0 Name 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO OVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE 1 Y DESERVE. U; Name C )//rAk l � (` - Address 1, $7-7Z _ Name r 't cr'� i,)( i 1 Address/f Name / i i //Ai Signature Signature Signature Address tl( 52- t=•7Y4•( ,�'l Name �\`l)\Ct COCA`(-n{ eC Signature Address \t \ \ t I +� �-�T 4- Li Name �� 1r_ev\kA, 0 ICU . rt 67- `Z Signature /1/. (' . Signature Date Signed / f - - [� )-- r Date Sig>fed i 1 - 74 - �-- Date Signed //'cy -C* Name Address Name,,1.4.-L -� L ' 1/0zi�,t Address Ai(".; � -e' j s r Name Addr Name �,fJS ��lci vt� Signat Address G 5t ��U� /l/.e' �A Name 't< `i e 0110,1101 Signature Address t (II c({()j 1.� I c�tt !F i Signature Signature Signature Late Signed e Signed E.A.Z Date Signed //- igned //fr a" Date Signed i"" Z 4 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. J Name 1,1 I i r4NC'. Address `7N ( L Name pCt.Vic ,s.__. eir�-fa O6 Address 9 (1 4•±k etc 2- Name � A , c,1 Address / S i ,, , �. •� L, t,: Name Mt 1Ya-�� (N.* l 7_ Address g (7 E1 <,`[... cL Name F2 ''7 (gin ETC Address ,zs'"'/?EvR ^wAY Name 7 1-, /7/J r f , Address c/ (C, ¥i /-r/! Signature Signature Signature Clv'_ i‘new-:,) Datee Signed I / '-2q 61 Bps Date Signed II ( 2-4 Lit Z.- - u. Date Signed /(-rd4-0,Z Signature Date Signed 4,1-Z 4/-(7Z- Signature"�- Date Signed //'Zy-oZ Name /.0 tGh flOC1(7V. Signature Address S• j0 t2 tc'ksl-. S a( tt-3 Name S • If%iY�L Signature Address f7p,eC�A.Je — <`� Name Sir ;Cc (w ry-) Signature ' r C Address ( 1 Si Co t Tz),162,oC-C ( -S L • Date igned ?11 a L )v& Name ad f c>_ c v--Z4-4 C E' 7--- Signature SJ�l/ �,:--e, r"-----.��� Address '1 I' 5/ (, y 3'1 •GUcv. Name a io ate Si . n ate Signed ir•Zc).C.___ 5 7` Date Signed ((-2 Address /ye S/. ,Ar.4 Name/e 7 Address // 0 ( � �. �4 ' 4 u t? IiLB%C -e Signature Signature Name I1 Citiltt Lc Signature Address S17 & `LP 5t . It; Date Signed J Date Signed 0/15°Date Signed .i 1 :6c 6/ 2 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Z /•tt Signatur Name Address Name �Cl Address / j/©.;1 Name i��: �,�f, Address c -Z .... f/i•__i< U t (k `- Name LA (1,l f- j CA -- Address — Address ` -) `j e -(- 9 `J f Name Address Name e_Ez_ Signature c - / Date Signed J j -//- O;), Signature ate Signed 1 1 _ Signature / Date Signe((d�� ))l 1 y fob Signatures 9 >(f”xj-.07 Date Signed 11 IC- 0')---- Pf f* () N\\4. Address /V/'5" �t? sf Signature Date Signed 1 -7-/-1/ 1- Name /�/ 1/ZC!-�r/G i /2/(iG` 0 Signature •4-Llc-r- ,4u' po2 Address Sl• /4/ �/il6'v/�U � ,` j/,• //' L- -q(4(o Date Signed /' .1I/• o'Z Name l()l ,-A.! e.,. 5 A::.-� � e-7, Signature Z;— 5 .#a-•- J,t.:n. Address Lu3, /,--/- S77 c.ei-^ ,--DI) � ate Signed //-% 4y_c1? Name C r i.,,ti Address?j3s /id rr33cc4,a l t Namecm� ��nre S Address I l ETA S _ 41(Se (/ ilvD Signature S a Fl ce (,a ' 2i 5 Date Signed 1/ • 2c -c 2 Signature. Ce n e Name— C:4-J ) Z Signature Address ? -7 C-1) Name Addrcs Nam n�, Addres$2O ` , 3 ci-ka c� i at ned /1-Z,6-- 2 Z 0 _ Date Signed Signature{{ Cl Date Signed 50 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE T .Y DESERVE. Name %7 k �-� /,V ( 6Y I S Signature L_ Address + vA.C.i 7 �( - 7 S Name Address f` 7 Li-ck Apt 3i 5 . Name Name .,4.0/ Signature Date Si . ned Date Signed [1ZS` Z. Signature Address Date Signed Signature Address 2 c / S. 1./ 2 Sfae R .71 Name L 4 0 S'i v t - Address C/f 2 5 Name/ /(2 Es Signature Signature Address 2// i7 40.2) �'72- S Name <<� e ��; Signature Address fifel j �� � _ !�, /r fY_ Date Signed // ( ZSl U2 Signature Address K'/ 7 �'f� S/ s /t w/(/ Date Signed t t%f j/t2 �xl�$ Name V 'v �� �„-;6 7.1.1'/ Signature L Address DteSigned Date Signed Dat ian'' f 2 - Z $ 02 Name // Name N/1a(leS ? )tiVS Signature Address 1?(7 F j g „Si Pt-3 o3 / )? f 0* L (/ f y Date Signedn /�..ZS7/ Name NCNULLL ` QO C\VNC(\AA.fil Signature Address 31 Sic oic) Date Signed E 17-� 25 6y GZ Name Address l i// Name Signature Signature Address ,ter ; = � D. e Signed f 12�' �J 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Signature_ __ .. yr Name Jr/is l'/7 / /7// Address y/l 3 7!7' -c-71 �"��� /, '`, r,� � 2/� Date Signed //— „2(- aL Name Address Name Address Name Address P, c h c (d I 3(`7 77 +.32oy �)7 ' C / . /" ? S. �ilka/,/J \BA" 4k) gf1-6- /la o(� Name / (i 4 it Address v3 r( I) -� /l/` - Name a neye // c- ,ee/-/"zee Address if)3 /r/1°/ K'&c$P " Name 'a7 7 c/ fy—cf/J:// (f apl I`10 (W a OVto Signature ,eize / a fr,j Day Signed /%-,6 "- o f Signature - - Date Signed n\ t/ /2 /o Z Signature /1m4 Date nod �I Address c5/_ Name Address Name Signature /j Date Signed l/ 2 1 -O Signature�i1Z� i"7" ; Date Signed ///Z/a Signature `t^ efr 7 r Signatu Le Dat Signed 612 Dat : Signed - �L Signature Address pJ- Name �i/ L- r/(/Gry4i' Signature Address S/r7O j ii z/e1' a1tG )2( 1 ate Signed f� Name / ( ' ' I' (./ / ✓ S "f Signature Address V / ) f �t �/ / e e" 0` C Name Address ,939 Name(,. ,cam/G ���' d=/ Address `'', L ? fic' 11/4 Signature Date Signed /l-a 4-oz iotiaLjc� iy<<'A, g tlg .:.,=,-4 Date Signed I ( 7; at Signed 5 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDIC"1'L+D TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name Tet 0 C ROC i-1 v" Address Name Mlle rlit LA(Lsr 1f2LrzbiC Sf Signature Signature ('Ja �}' Address o/ 1.71)1/5 U' /.//i (7" (/j 9/9 Date Name Address 2: Name ,L\nC e k A (nO S Address « (- TA . 71) 3 Name 1? l ✓ 0- 111G(e�` Signature Datee Signed //•-Z.S-z,Z //�� l A t la Address ''(''13)- Name --YArl to vi >LVIM 'A-- fk \,/ C Signature Address 1- 7 OCri(L, k1 "e CV CC, Name (-erC1('700 u ► S Signature Address Name -i c s c i-t' ,- -'---e = Signature Address Zc L4'eL 1V Name , ji 4, , r r ` rz tic:: Signature Address , s' a <22O r O� A i Name 1o\ r• 4 -re- Signature Address '(( (-1--> Signature Signature Date Signed �f C a434 -J !/-ZS=vZ Name C,\iU(5 Signature Address Name r t l t �'r 11 IG ' z Signature Address 7CL(`, 6 �O .cl S E . S,j) et% (4.7 (13 Name j N \,Uc vc4 (7 Sign: ature Address I '0 Q t2 ate Signed ll 125102- t/G'�1 Date Signed J°V 2-541'- Q C Date Signed // ' ogle < 6 2---- Date Signed //- 26 - ( Z r+K vac' D . to Signed / /�ZC 0 Z i �e Date Signed��-- �3 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name tic? ( Jck `l Address y/- ..—) 5 Name al(' Signature Date Signed //- £G 0 2— n Signature JJ,:�„ fT,,7 Address q, Name itk s2 V IA a Pa V ln/L d UjQ • Signature Address3( ..1) 63lA taw] .AV(c' - )/21 A/c (',4 Name I r'i s, ti'-Ci QL va rr'2--) Signatur Address .393 l`•/Ci121►-)C v e. Name i-d un 9-/A Agii Signature Address S % �� _t ' j /L'tt 2-�j 15 , Date Signed / Signature Date Signed J/ 2 7/02 a 3Av i. Date Signed if a-l/ 2 Name 5<j -7 c=. - c( • .� - Address - l ____ Date Signed Name rJ Sc? J.i n ,V 2 4 t- L'' Z Signature ` Address �� (7 k -LA S3p Date Signed ��� � g Signature Address `35'Z-c C 1\01k ()►'\ s o \ c� Date Signed I r — 27 — Z' Name (( (.+s�) 20.Vn_1i �i✓Z ate Signed D A S I L L!k ".{J Name 12 Signature L.4.7. �. Signature Address \-(1 S \`1-.) 1 J �q/: �� 6 `' Date gned Name ;,7 � L Signature,y Address F/ % �� G' i / 14— , 4 /•&.'Date Signed //- 0 2 . 1Y1 i) -Z r'� Signature /2 (. Z Date Signed l / - 2.7-02 Date Signed // / 7 7 / 07 Name Address cIJ€12 01); i,s(.i1 r Name VJvon J7e Address LIDS KJ s; (C1 51 Signature 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIEN JJi Y DESER Name AO ve7/7"._-0-gt, Address , hil1Signature/4 Date Signed Name li*".7..1,4,/-)2(7 II-, .../. ////9 Address .9c-'t A/ /.7 c_ .6. 0,1, Cx_ji r I Pi 79 9 Date Signed Name Cie, k Vic( h ,c),\.,,, Signature GiA3y1el (kicic,- Address [.-yi _ ---f•-6 3 -I , Name )3 LAI Address 17 ela, si to, c--- Name M MM. tik 0/11VROVe-7...._. Signature Address_f))1-t "C---Lk\--- c-') C 4-) r Name 4;^, -c ,,,,-/ Lc Address Signature Name Address Name Address e Signed f —27 Signature e/higlignatu .P6r-efw Name Mge,cCa S')\\lcvyrA. Address e Signed 11 Signature Date Signed ArA,CA 44/alicrvio Date Signed c6\-1 VA,5t 2_\ Name--Q. AddressSfs _-\\--cLec-' "4 V..\ .::,,, Date Signedy1:-..*)R)81 Name ,(,-'s `-')--C2 \((;'-' ,- V\c' \AC-1') (,, Address 0)- 1:)11:7-f-k , Q10-C6i'tck citl ' Ba-ie ned iit ---'4.--1 -0 -.---- ,. .2 , , Signature Signature 7q? Signature 7/Name , c' 'c, C--" Signature ' ddress //PC7(F0 eY1 C1 J./ C). ate Signed II • J ate Signed Name 7-- ki,:;762 2 )(_, 2, co 1/ Signature Address „4//1 :.,71(24-) r' 55 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE LIMY DESERVE. Name )(�-;i,•-/ r-(,.v74/C Address o2 ct3 1i2 /i 6w Name lie owed Adt v 14? 2_ Address ' let � t, ,C �` Name /; . C' e.-. F?? Address I-7' /% 3 e1- i9 P f- (- Name G t `;4 ) Address Z/ � � /// Name Address Name P7�% 6c, Address ,.» '( V Name Address Name C�A4h,ei Address 4s51- Signature Signature Signature Signature r +, _ Zi • i % Date Signed (ioJA.,4-„ Zi, .C-73'n'9,c/ Air 2 Date Signed, Date Signed" 2J— "/ ..t/ ate Signed I(-- S c'(, / e//% \ Signature V /2— Name ,47-1/0-rc4 vr• coz~.4-�/ Address „23 d 3 " 0 0 / -'7' Name G Addre�8 /� (7 P1,1 Name Autowo r)oaEt a Address igvo 43 57 P1f' Name `jJ3n1/) Address / 3' NF..(') Loh AI/ I.); i/C /I Nam =/ Signature Add ss 3 aQ s Z • ST 57i9• Signature / p teSigi •: rr7-Nr '` ' Signat "G O. J► ✓i*� • Date Signed E 1 `gUi"ii — Signatur= f Signature Date Signed Date Signed Signature Date Signed r it 2ii o2 Signature A.A..+ro iJo^-a.7. Date Signed A✓ Signature Signature Signature Signature Signature Signature Date Signed % � 946;t• Date Signed %/—�7 ( Date Signed j� 9/Oa_, Date Signed// Z Signature ��7S' 5' o / to Signed Name Address ` 3q ( 0 Name flo Set✓ M 141A Address Name Address q g /(xcje %./ Name 71 }-�1��(.� PC Sign ^ Address8 C..SI (�) Cj�tj Name p A , (1t'i Signature Address 7[.? tINL :it Of,/ C Date Signed Signature Signature rQ Signature Date Signed 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIE1 CE THEY DESEIvVE. Name ashatze JeVIZS Address Er/ 7 e/c-z 5/, Name iIlckrtt-rd 6tc&rr c� Address y5-6-�— Name �?� Address!./ e 7���./ it Name Address Name Address a6c(9. � Name Address G( 5 j- Name jl/3-trj.6, Address Name Address Date ate Signe 2 57 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE `SATISFACTION & CONVENIENCE 1'HEY DESERVE. -Gt- Name \6\ ,SignatureU UO U t L Address,D� Date Signed �l ` �a Name cam._ .. .e_�...�i �"� Signatur0 Address Name Addres Name Address Name � 21 001- b )Jk_ Address \) ► N- .Aar-s®n(1 Name e 4r Address/®[x e _i V 7J _Xeerf,0 /, kiz ,6 cif (1 l� 6 N� C') 1�c F L C rn-LP 2— /6/1-1/7 piiz, Signature Name Address Name Address Name Address 1 If /i // 't 0/(S D�vj�icn2tt�q Signature Signature Signature Signature Name Address `Z5 VI .q{ 5 Name ��-1K i-z3PN"C� Addressi1 -' Name � Pl1 eirn Address' 05 f. A t) Name /c/cxwAy 7, Address BY 7 .7 -, 1ni12.4 Q. rt to Signedjf _25t DZ Date Signed Date Sjgned -0 Date Signed Ye 0 I r, Quo Dat Signed_.-d� ignature r it I .'I1 � i'ate Signed i Signature -E�.� -h ---173 Signature Date Signed ht9 Date Signed Signature Date Signed /J 3d-o2 J1 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name %7/L tsf=' t c-'i,i1 •r-' I''•z Signature .�4 (2 Address c s I S 5/ 2 ' 5 J,/„, 6 Date Signed l/ Name •)..\, \ ,-,\ ALA Address i Name ( ,(i Jl.t� ‘CkCt,1Ct . De-7' / c: S f7 Address i 7 7;9 ( 5.74 2, Name 1',iiitiiz . Address l % ` Name k/+ c k vv -(u C�CJ Address R G 7 \ dew Name t,/'J -1 i ( C.1ILO Address Name Li 10 r t{O'))(3 )99 or A ,h %- l (0/-1 -e Address t. C )( )`1'Je Signature • n \ rk !Date Signed t ` J 3b I of Signature CL Gt4 Signed i//5 /' 2 Signature Signature Signature iae i Date igned I / 1/ G I Cl Si LQ S1 r.; i)t t (, u c (•A 1 / 113 Da e Signed I J Q .0 2- Signature 44/ -7 1 r` r Name -7_0, rti ,L Address Signature Name L //T//A/t//( % oiiyxd/c ) Address C'K j)//del* ' 1fI t- 6: Name / /s--Y J( c Address L>�r�' U i �F SS 71)1- -1Cif_ Name ` )rj / Cl(N:ci' j' ; /9 ! Signature /G) // (') v ,.S 1 r-.117 Name 1f�1 , Signature Address Y/ Address Name Address /J1, t 47A Signature Signature / Date Signed //-3z ra (" 7e Date) Signed Signature t/.L Date Signed .1/30. - E7. Di/ate Signed //-..56 -C Z-- Date Signed 5 1 /, /` Date Signed gay _02 Date Signed 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. ,o Name -:-` C \ `v Signature Address ''�``.\ \ .c\C� ' �\ cL Q kD -e- Name M6t1rtz ikitav iv..) Signature f, ('�1 9 r /� Address `b ,` (v C-= -c Dade Signed 1 ( (30 • 07-, Name >} \w, 0 6, t r r'l JeI N Signature //1 Address 1 I a 1: S T. -fit N 1- TION•AL. i I - C e g l o Date Signed '— 3v — a 02-4 //—I Date Signed Name(t Gr4/1"/Z,/J 4OA5 9/7d Alangiao 4 Address Name 1 Q Sig Address 1-1 t� ` Name Address Name Address Name Address Name Address Name Address Name Address Name )1) V1- Signature CT�v Signature igned / 1 J60/v2-- igned / ` 4-TO igned (1 .V igned l'/`'"/V O g Date Signed �) Date Signed Address Signature Date Signed,: ��OZ Date Signed I1/ 167i Name Signature Address 169 S T �/04// Date Signed_OZ4Z02 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE 1HLY DESERVE. e -2112-'ej Address 3i/✓//`/r////ri,/ ,glci Lea 7 Date S' ned Name Name 6\\ f:{c 'WV 6 \OAPEZ Address 7ETFF Name L-i51 ctit d Address .4-/7 1,y-upe /SU"- Name ')7 /yy 6 s - Address Name Address Name Address Name Signature Signatur Signature Signature G,Q, Gi,t C? �r � I, Signature Daf ed fi I 0 2 50 T // of Eav I 16 tiuvi's !G Address Ltd ' 4-3y''�f Name Signature 5,7) Date Signed / /-©%- Signatture 5/AL Signature Date Signed //-38-°2— Dato Signed.) It '?®_G Z ate Signed /dy4 Z k () ? - Address (83' sir Name \` Address Name fa/ Address Date Signed ;/et0/-02 Dat2 Signed I 2.0/, 9 Signature `-\ 0 C�t-U , DateSiggn/ �'0 (o)- Signature � 1c ' T,/tfr V' Signature Address Name p ( 6, 0 d . — Signature Address LI 0 I' -I S c-o .. 5 y - NamIcA.e.h2t‘e..." me0-k_nte-\ Address 52% L-0. p �e s Q, ,5,O Date Signed/2^ Signatu e Date Signed / Z — /J d 2 Date Signed i Z \ 'D 2 6/ 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO P5(OVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE'iI'HEY DESERVE % Name//%�V�'/<.A l.• (/i4�'( ( Signature q="4,7,(44.1 (!G• / / !- /h Date Signed a/ 02 - Address � � � ��� �� � L/ Name 414 e E yOt a. Signature Addresses a! i/! Siai9 S 7' sr h l 5 D e Signed /7 ` (-0 7 Name -),11-L SMtii( Signature '4-� �2gte Signed Address /J b 2 �/-- Si Name /(o.� iiitidd'•/ Address 3/7 , r', .- (/4 Signature Date Signed /*/d' Name-7? Lt Y-lez .a.€ 5 SignatureL? 2 21a 9� - Address 3qs' dem io S4-- Name LI01 CI 1ANN 0.5 0 e) 1%� Address 1 . t \d-e^r-e^- Name ' Address /473/ /= 7. /Pei.,-v1 <<'` 9lc Date Si'n ' 7-0 Name cz ic. f v a f ignature Address 7a `7 3a,Ar 37' g-p ned - / , enif- 671. Date Signed 12 I -0Z- Signature Date Signed /.7//16-) ate Signed /7// /0 '7- Name Qt,ni1- r"G Address g / 7 ,C /-1 t. S( Name r/j t �Y,,, , Address 1/ l'i �Tp % • i7 Name `/ `n t - / i�� Signature Address Nf70 %"l ICi :� /.S L - &V Name 't/A. ni " �� / Signature Address /1161 ' Name 1 C) CO q ya r Q 1rl Z () yl 7 f1-, ' Signature Po, L ® V •A. 1(�-„, Address 1-( ;) 9 0 ci. z (--rA S Signature Signature Signature ate Signed /////7;'tOZ 6162,1 Date Signed ! a _ - e 7. �, , �o4.,Date Signed ea. I 44. 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE I'ILLY DESERVE. Name VA 0-VTSignature Address -;3975 {3ik.Cit T. IDitC,o CA "1ZI1?-, Date Sigdi=ii Name Address Name L I1O -rrC,A Signature LOl S 0 RTFCC/�- )(,cI -e1112.61i S i £• D. CA. �lat►3 C r t✓.i ! Z Signature Address L% R 4'1,. 0:411q.4.1 Cr 5," 1� LG 9' L (V Name Act v tCi\ Ct` rA t o!signature Address X n _ it I (� Date Signed /2.7 /z Name . ', /. ,a -gcw �c-7 Signature - 'i ,•a Address / 3/ i) . /-/ /,, J„u/ /7/,i) f. 4-7., Z Name A \ - Ye G j ,'\, EA, Q , Signature Address •.1 l J c N 00 t C 5i/ `, Date Signed'? Name ,},osL AtINNA c\ 0Aftt.k.S Signature I/s' Nl„r„P / Ours Address tl iAS Met. ins' s\- Date Signed r, ' AL Name otikcici Po`CL Address l 2 3s T , o Cit t I fit((Dty ( Cr f L CA Q (qSo Dat Signed (2 -O (-i� Name t'r� � L z Signature ate Signed a2 ' • %% eV7e7 0 Address 4/ 5 9 Name Address Name 2 <>a:, ,% 6t OPi /)'7 0 Signature Signature y Date Signed -4,1 -el - Z `.a z GVevr,.n a Date Signed Signature {. ry t .0 Date Signed (7/2.— Signature k .1\(() cL'pt;S 54%8 Da Signed Signature I - Date Signed - I-i,{,.uvA Lit r a - Address Fr1/f ,S-f /Z/ / Addres Name l,/tV_ ,/121.-\ f� 0( Address ey �i J 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEDICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFAC ION & CONVENIENCE THEY�DESERVE. 0,55 Name Address Name QA- ON')Cj 00 Signature Address Name Address `5 7E5- Name • /" /r 4 )A) ame /7305 r0 p b,./ Address Signature Signature Signature Signature Date Signed --01 OZ Date-Shrned Address ��;� s. ed Name / �.�G Signatul�i�✓ Address Name A S c, / Jzr Date g j2 Si ned 2 �0 Signature d�.s °,�_��,1 / S t (�L%•;�l�<Date Signed e2 02 Address • Name --; ;;iv(�/el2-z et"3 Signature Address ..? ; 7 }/ /-//f /-37 6c A S•-f . _=ten ,,; (z;,•. C� . D e Signed (2 -L -' 02 Name Y``n.. c. 4 2 Jr rt Signature C �, Address X2/T �� S'� ��� - 7C)I D. Sig /2 Name / /? Addres ?/r• a' Name k Address 3/ eV. C/ / Ei /4- ic% A Name (- Address 2 Name z i / ///! ..eZ- Address '/) /76 Signature Signature q-3 Signatur Signature C;71( Date Signed / ",./eeck_._ Z�. Date Signed /o2-62-6Z Date Signed / / 2-ldZ__ iv k;=-,,1 //-1.6 Address J 3- A LP.eiCam, ' ' Date Signed 17 1 T. 1 Q.- Name b /7LF.,0 Signature Address (-i�,L D �,T�- 51 A, Pc Date Signed Z.I d Z/(� Z < _ ``et rt ( A(2e v Signature Address 3//17/-/{ j%// /m, 41/e_ Date 2- Name , j7 r) c \1 Signature Address (11) to Pas04a JL. I gqq Name ,, Sign` Address /.?D U/.'�i Name Address / L' 7 DIAS MARKET 151 N. Highland Avenue, Suite A, National City, CA 91950 WE THE UNDERSIGNED FULLY SUPPORT 7 DIAS MARKET PETITION AND APPLICATION FOR ABC TYPE 20 OFF -SALE BEER AND WINE LICENSE. 7 DIAS MARKET IS DETERMINED AND DEPICTED TO PROVIDE ITS CUSTOMERS WITH THE SATISFACTION & CONVENIENCE THEY DESERVE. Name /I Signature Address ID(5 DIVISit5Y 5l • • A ►\-C• CA 6)1950 Date Signed 12- fr/0- Name ret 0" cn l� k-s Signature Address f o l 3 01 l S r If"' �l - IfJ - A N - C. • CA- itarOfhgnedName /(T -i l - �_ /1'(,&''.� Signature Address / 1 (-7y c��c t �C r_ ��'�C-' Name )-� v1,C-cs�� . j I Est Signature S I tit 3 i4 LocA G -� Name Jnsf Jo Signature Address Name Name C'S 6 L_. Address halo ,D& i1 Name IA Signa ,! �r Date Sig. �b`__ /� / " Signature Signature Dat Si JOZ Address l N)t CA- A VE , r Date Sig + if • 03- V NameJE•- ,Z c ,&/ZI,r /-i Z Signature Address .iZ71, A1iiaf( Z ; 'GDate Signed /2_ 65- b (05 City of National City COUNCIL AGENDA STATEMENT *Refer to Item #12 ,MEETING DATE: April 15, 2003 AGENDA ITEM NO. 3 ITEM TITLE: PUBLIC HEARING: JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION TO APPROVE THE SALE OF REAL PROPERTY LOCATED AT 217-249 N. HIGHLAND AVENUE (PURPLE COW) PREPARED BY: Paul Desrochers, Executive Director EXPLANATION: A Public Hearing by the legislative body (City Council) is required before any property is acquired by the CDC with tax increment money is sold. This is to comply with the requirements of the California Com- munity Redevelopment Law Health and Safety Code and Section 33433. This law also requires a Sum- mary Report Pertaining to the Sale of Real Property (attached) relative to the sale price. The report must be available for public review prior to a Public Hearing. Notice of the review and hearing must be published in accordance with government code requirements. These requirements have been met. This is the time and place for the Public Hearing. A resolution approving the sale is provided on this agenda. DEPARTMENT Community Development Commission 336.4250 Environmental Review X N/A Financial Statement The CDC will receive $460,000 for the sale of the 1.3-acre parcel. r STAFF RECOMMENDATION Hold Public Hearing relative to the Sale Price of the subject property. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Notice of Public Hearing 2. Summary Report Pertaining to the Sale of Property Resolution No. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on April 15, 2003 the City Council of the City of National City (the "City") and the Community Development Commission of the City of National City (the "CDC") will hold a joint public hearing at 4:00 p.m., or as soon thereafter as the matter may be heard, in the National City Council Chambers located at 1243 National City Boulevard, National City, California to consider the following: TO PROVIDE FOR PUBLIC COMMENT, IN ACCORDANCE WITH SECTIONS 33433, 33445 AND 33679 OF THE STATE HEALTH & SAFETY CODE, REGARDING THE PROPOSED TERMS AND CONDITIONS FOR THE SALE OF LAND PROPOSED IN A DISPOSITION AND DEVELOPMENT AGREEMENT (THE "AGREEMENT") FOR REAL PROPERTY LOCATED AT 217 NORTH HIGHLAND AVENUE. SAID LAND, CONSISTING OF APPROXIMATELY 1.2 ACRES, IS PROPOSED TO BE SOLD TO URBAN INNOVATIONS, LLC. FOR THE CONSTRUCTION OF 16 SINGLE FAMILY HOMES. A copy of the proposed Agreement, a Summary Report Pertaining to the Sale of Real Property Pursuant to the proposed Agreement, as well as other documentation required by Section 33445 of the State Health & Safety Code are on file for public review at the Community Development Commission office, 140 E. 12th Street, Suite B, National City, California, 91950. Further information can be obtained by contacting the Office of the CDC at (619) 336-4256. The purpose of the joint public hearing is to receive testimony from the public regarding the proposed disposition and development of property as set forth in the proposed Agreement. All interested parties are invited and encouraged to attend said meeting and express their opinions for or against this item. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. Furthermore, you must exhaust any administrative remedies prior to commencing a court challenge to City Council or CDC action. DATED: April 2, 2003 Benjamin Martinez, Assistant Director Dates of Publication: April 3, 2003 and April 10, 2003 SUMMARY REPORT FOR THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND URBAN INNOVATIONS, LLC April 8, 2003 INTRODUCTION This document is the Summary Report ("Report") for the Disposition and Development Agreement ("Agreement") by and between the Community Development Commission of the City of National City ("CDC") and Urban Innovations, LLC ("Developer"). The Agreement facilitates: (1) the sale of a CDC owned property located on North Highland Avenue between Eta Street and Bucky Lane, and (2) the development of a sixteen (16) unit single-family detached zero lot line housing development. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (California Community Redevelopment Law or "Law") and presents the following: • A summary of the proposed Development. • The cost of the Agreement to the CDC. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the CDC's Redevelopment Plan. • The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale of property pursuant to the Agreement will assist in the elimination of blight. • Conformance with the CDC's Five -Year Implementation Plan. THE DEVELOPMENT In July of 1995 the CDC adopted the National City Redevelopment Project. The purpose was to further the community development objectives of the California Community Redevelopment Law. With this in mind, the CDC desires to redevelop a parcel comprised of approximately 1.3 acres located in the National City Redevelopment Project Area (the "Project Area") on North Highland Avenue between Eta Street and Bucky Avenue (the "Site"). The Site is unimproved and is currently owned by the CDC. C:\windows\TEMP\NC Summary Report 040803.doc 1 Through the Agreement, the CDC agrees to convey the Site to Developer for $460,000. Upon acquiring the Site from the CDC, the Developer agrees to construct sixteen (16) zero lot line single-family residential units (the "Units"), each with a private outdoor space, together with certain off -site improvements (collectively, the "Improvements"). The units will be generally 2 stories in height. They will feature both three (3) and four (4) bedrooms, as well as, an attached 2-car garage. Each unit will be of high quality construction typical of a single family detached home, with concrete foundations, drywall interiors, wood frame with stucco exterior walls and wood truss frame roof with a combination of built-up roofing and concrete tiles. All units will be equipped with standard amenities of dual -paned windows, carpeting throughout the living space, two bathrooms and a fully equipped kitchen with vinyl flooring and composite countertops. Additionally each unit will be furnished with a networking device providing access to the internet. Each property will be fenced and have front yard landscaping; with individual backyards will be landscaped by homeowners. Additionally, each property will be incorporated into the new streetscape being developed to provide a common neighborhood identity. The Project will potentially be gated with a single point for ingress/egress for added security. A community park adjacent to the Project is currently being negotiated beneficial use of the homeowners. Additional streetscape and street lighting will be incorporated into the overall design and development at the front of the Project along Highland Avenue. Revenue to the CDC When completed and fully assessed (anticipated to be in 2004) the Development's projected new assessed value will be $3,619,000; this is the assessed value the San Diego County Auditor Controller uses to calculate the property tax increment revenue that is paid to the CDC. Per the tax increment revenue sharing formulas specified by the Law, the CDC receives 70 percent of all tax increment revenue generated within the National City Redevelopment Project Area. Of this amount, 20 percent must be deposited into the CDC's low and moderate -income housing fund. This new assessed value will generate net new tax increment revenue to the CDC of $105,467 over five years, and $221,911 over 10 years. If discounted to show the current value of this future revenue (factoring in the impact of inflation on the future value of money) the present value of the net new tax increment revenue is $80,000 and $127,000 for the five and ten year periods, respectively. The present value analysis assumes a 5.75 percent discount rate. in addition to the annual property tax increment revenue that will be paid to the CDC, the CDC will also receive from the Developer a fair market value land payment in the amount of $460,000 for conveyance of the Site to the Developer. C:\windows\TEMP\NC Summary Report 040803.doc 2 THE COST OF THE AGREEMENT TO THE CDC As previously mentioned, the CDC currently owns the Project Site. In March of 1997 the CDC expended $910,000 in total acquisition costs for the Site. The costs were distributed as follows: • Acquisition of real property in the amount of $750,000. • Relocation costs in the amount $130,000. • Demolition costs in the amount of $30,000. The Developer will purchase the Property for $460,000, which will offset these costs. The net cost of the Agreement to the CDC will be $450,000. This net cost will be further reduced over time as a result of the net new tax increment revenue discussed above. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The CDC commissioned an appraisal report, prepared by Truman Brooks Real Estate Appraisals, to determine the Property's land and improvement values; the date of valuation is February 2003. The appraisal identified an adjusted land value range for like residential property of $7.50 per square foot of land area. Recent market sales data for like properties was reviewed to determine if the land values presented in the appraisal report are still current. This review concluded that the stated per square foot value is still valid. The Property's land area is 61,098 square feet. Multiplying the land area by the adjusted land value generates a value of the interest to be conveyed of $458,235. The CDC is selling the cleared parcel to the Developer for a value of $460,000. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT The estimated value of the interest being conveyed is $460,000. This reflects the fair market value of vacant residential property that must be developed with the conditions, covenants, and development costs required by the CDC and the City of National City. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The actions contemplated by the Agreement will redevelop a property that is currently vacant and is impacted by deferred maintenance. In addition, the CDC removed several dilapidated commercial and residential structures that previously were the source of criminal activity in the surrounding community. Furthermore, the CDC's disposition of the Site to the Developer, and the Developer's acquisition of the Site and construction of the Improvements pursuant to the terms of this Agreement, are in the C:\windows\TEMPWC Summary Report 040803.doc 3 vital and best interest of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the redevelopment of the Project has been undertaken. CONFORMANCE WITH THE CDC'S FIVE YEAR IMPLEMENTATION PLAN The Five Year Implementation Plan specifies that the CDC will: 1) eliminate and prevent conditions of blight such as underutilized properties and deteriorating buildings, incompatible and uneconomic land uses; 2) recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources and 3) increase, improve and preserve the community's supply of housing including housing for very low, low and moderate income households within the Project Area. The Agreement implements these goals and actions. A copy of the Agreement is attached to this Report and is available for review at CDC offices, located at 140 East 12th Street, Suite B, National City, California. The Agreement will be the subject of a joint public hearing of the CDC and City Council on April 15, 2003, at 4:00 p.m. in the City Council Chambers of the City of National City. C:\windcw \TEMP\NC Summary Report 040803.doc 4 City of National City *Refer to Item #13 COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2003 AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING: TO REVIEW THE DRAFT FY 2003-04 ANNUAL PLAN DOCUMENT INCLUDING PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS AND CONSIDER PUBLIC COMMENT AND TESTIMONY PREPARED BY: Paul DesrocheEPARTMENT Community Development Commission Executive Director EXPLANATION: This public hearing is continued from the March 19, 2003 City Council Meeting when the Council con- sidered public comment on the housing and community development needs of National City residents, including applicant presentations. HUD requires that the City formulate a 2003-04 Consolidated Plan Annual Plan or "Action Plan" to ex- plain what activities the City will undertake during the next year to address priority needs in terms of lo- cal objectives that have been identified in the 2000-2005 Consolidated Plan (five-year plan). In other words, HUD wants to know what activities of the new five-year strategic plan will be accomplished in 2003-04. A draft of the 2003-04 Action Plan has been prepared in accordance with HUD regulations. The plan is currently in draft form and has been released for a 30-day public review period from February 3 through March 3, 2003. No public comments were received. The Department of Housing and Urban Development (HUD) has informed the City that $1,351,000 in Community Development Block Grant (CDBG) and $671,000 in HOME Investment Partnership Act (HOME) funds will be available for the Consolidated Plan program year 2003-04. Environmental Review Financial Statement X NIA The City will receive $671,000 in HOME and $1,351,000 in CDBG funds from the Department of Housing and Urban Development for FY 2003-04. STAFF RECOMMENDATION City Council hold Public Hearing and approve the draft 2003-04 Annual Plan including proposed CDBG and HOME programs' budgets; and authorize CDC staff to submit said plans 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. 2 and 3 of this report. ATTACHMENTS (Listed Below) 1. Proof of Publication (Public Hearing Notice) 2. HCDC Recommendations - CDBG 3. HCDC Recommendations - HOME Program Resolution No. 4. 2003-04 Annual Action Plan (DRAFT) PUBLIC HEARING NOTICE 2003-04 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS The City Council of the City of National City will hold a PUBLIC HEARING on April 15, 2003 at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard. The purpose of the public hearing is to invite public comment on the expenditure of FY 2003-04 Consolidated Plan funding as well as comment on the objectives of the Annual Plan. Approximately $2 Million will be spent on CDBG and HOME program funding. The following Consolidated Plan Budget reflects all requests for the FY 2003-04 CDBG and HOME Budgets. FY 2003-04 Consolidated Plan Budget Requests CDBG Administration and Planning - $75,000 Public Services - $719,242 City Capital Improvements - $2,034,800 Community/Economic Development - $2,109,105 HOME Administration - $63,000 CHDO Operations - $492,000 Property Rehabilitation — $75,000 Residential Home Project - $100,000 Home Loan Counseling Services - $30,000 TOTAL FUNDS REQUESTED $5,698,147 TOTAL FUNDS AVAILABLE $2,021,160 OVERAGE $3,586,987 Further information on the above Consolidated Plan activities can be obtained at the Community Development Commission office at 140 E. 12th Street, Suite B, National City, California 91950 or by calling Angelica Macias at (619) 336-4255 or via e-mail: amaciasci.national-city.ca.us Paul Desrochers, Executive Director Attachment 1 Tab No, .. HCDC RECCOMENDATIONS 2003-2004 CDBG REQUESTS and n�,v�, FUNDING n�.�.i ,�.•.�,. RATING FORM Organization Ci 2 City of National City - Building and Safety 3 Southwest Center for Asian Pacific American Law 4 New Beginnings Church 5 PASACAT Asian Pacific Arts, Co. 6 The Charles I. Cheneweth Foundation 7 Boys and Girls Club of National City 8 Community Youth Athletic Center 9 Moved to Tab No, 65 Program CDBG Administration and Plannin Graffiti Removal (25%) Legal Services and Education 2 Steps Ahead Focus National City Community Access Program Afterschool Transportation Program Program Development ,?,luowqoeliv 10 11 12 13 San Diego Inner-city Junior Golf Foundation Lutheran Social Services of Southern California Interamerican College Operation Samahan 14 United Fil-Am Senior Citizens of San Diego 16 17 18 19 Labor's Community Service Agency City of National City - Public Library Paradise Creek Education Park, Inc. City of National City - Parks and Recreation Inner-city Juvenile Crime Prevention Shared Housing Operation Self-sufficiency Youth-2-Youth Senior Services in National City National City Home Security Program/Value in Home Security Literacy Services Little Salt Marsh Schoolhouse Tiny Tots Amount Requested 75,000.00 $ 31,328.00 $ $ 50,000.00 HCDC Reccomendati'on 75 000.00 31,328.00. 7,400,00 $ 15 000.00 $ sznn nn 15,7)5.00 $ 6n ,VVV00n . V0n $ VV.. Y 19,926.00 5,000.00 $ 45,000.00 .$ Y a $ et $ 7,400.00 15,725.00 26,447.00 5,000.00 5,000.00 47,250.00 5,000.00 18,000.00 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 15 23 29 Community Development Commission City of National City - Fire Department City of National City - Fire Department City of National City - Engineering/Public Works City of National City - Engineering/Public Works City of National City - Engineering/Public Works City of National City - Engineering/Public Works City of National City - Engineering/Public Works City of National City - Engineering/Public Works City of National City - Parks and Recreation City of National City - Parks and Recreation City of National City - Parks and Recreation City of National City - Parks and Recreation City of National City - Parks and Recreation CDC/City CDC/City AABCA, Inc. Urban Corps of San Diego Sa 30 S National City Boulevard Streetscape (7th to 12th) Fire Equipment Fire Apparatus Installation of Pedestrian Ramps Miscellaneous Storm Drain Improvements Miscellaneous Concrete Improvements Street Widening at Las Palmas Park Alley Improvements Granger Music Hall Parking Lot Resurfacing Prole( Las Palmas Pool Rehabilitation Fencing at Kimball and Las Palmas Park New Public Address System at Kimball Bowl Scoreboard at Camacho Center New Bleachers National City Villages Master Planning National City Villages Master Planning Implement Illegal Garage Conversions Informational Program National City Community Project n Diego County Hispanic Chamber of CommerceDiverse Emerging Vendor Outreach Program South County Partnership inComm Community uth County Economic Development Council Development and Business Assistance $ 1,000,000.00 $ 59,800.00 $ 56,000.00 $ 150,000.00 $ 50,000.00 100,000.00 $ 75,000.00 $ 125,000.00 $ 20,000.00 $ 70,000.00 $ 20,000.00 $ 9,000.00 $ 50,000.00 $ 250,000.00 $ 15,000.00 $ 631,25(100 •- $ 59,800.00 $ 56,000.00, $ 5,000.00--- $ $ $ 20,000.0:0 70,000 00 10,00000 50,000.00 50,000.00 $ $ 75,000.00 $ 10,000.00 $ TOTAL REQUESTED/TOTAL FUNDED 14) 15,000.00 ..annaenn 3,LVV,V 1J.Vv $ 1,148,350.00 2003-2004 HOME REQUESTS and HCDC FUNDING RECCOMENDATIONS Tab Amount HCDC No. 0 • anization Pro • ram Administration Re • uested $ 63,000.00 $ 242,000.00 Reccomendat $ 63,000.00 $ 242,000.00 60 CDC 61 CDC - CHDO Sponsored Assist in Production of Affordable Housing 62 CDC First Time Homebuyers Program $ 250,000.00 $ 250,000.00 63 Christmas in July Home Repair/Rehabilitation $ 75,000.00 $ 100,000.00 $ 75,000.00 $ - 64 The Charles I. Cheneweth Foundation Residential Home Project 65 MAAC Project Housing Counseling & Financial Literacy Program $ 30,000.00 $ - TOTAL REQUESTED/TOTAL FUNDED $ 760,000.00 $ 630,000.00 E WeW40e4V City of National City, California G U CIL AGE ASTATE E T MEETING DATE April 15, 2003 AGENDA ITEM NO. ITEM TITLE Consulting Services Agreement with RJA Management Services, Inc. to perform Executive Search Services for the City Manager's Office PREPARED BY Park Morse, (336-4240) Assistant City Manager EXPLANATION DEPARTMENT City Manager The City Council has previously adopted a revised Management Plan to address various issues related to retirements of Executives in the City Service. 5 One of the elements of the Management Plan was the selection of an executive search consultant to assist with certain management vacancies. Staff has previously recommended and the City Council has concurred in the selection of the firm of RJA Management Services, Inc. (Dr. Richard Garcia) to serve in this role. Tonight's action is your first formal consideration of a proposed agreement with RJA; in this case, for the position of Personnel Director. Environmental Review ✓ N/A Financial Statement As per Council action in approving the revised Management Plan, Fund Balance and the Contingency Fund will be used as necessary to fund this and possible subse- quent agreements. Account No. N/A STAFF RECOMMENDATION Adopt the resolution and authorize the Mayor to sign the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2003- 44 1. Resolution 2. Agreement with Scope of Services A-200 (9/80) RESOLUTION NO. 2003 - 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RJA MANAGEMENT SERVICES, INC. TO PERFORM EXECUTIVE SEARCH SERVICES FOR THE CITY MANAGER'S OFFICE WHEREAS, the City desires to employ a consultant to perform professional executive recruiting services for the City Manager's office; and WHEREAS, the City has determined that RJA Management Services, Inc. is a executive recruiting company and is qualified by experience and ability to perform the services desired by the City, and RJA Management Services, Inc. is willing to perform such services NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with RJA Management Services, Inc., to perform professional executive recruiting services for the City Manager's office. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 15th day of April, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RJA MANAGEMENT SERVICES, INC. THIS AGREEMENT is entered into this day of 200_, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RJA Management Services, Inc. RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform professional executive recruiting services. WHEREAS, the CITY has determined that the CONTRACTOR is a professional consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time. to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. Revised 5/2001 3. PROJECT COORDINATION AND SUPERVISION. Park Morse hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Dr. Richard Garcia thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised 5/2001 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the Revised 5/2001 term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 Revised 5/2001 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S negligent performance of this Agreement. The CITY agrees to indemnify, and hold harmless the CONTRACTOR, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CITY'S negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 0 A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 5 Revised 5/2001 F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CON TRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 Revised 5/2001 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Park Morse Assistant City Manager City of National City 1243 National City Boulevard National City, CA 91950 7 Revised 5/2001 To the CONTRACTOR: RJA Management Services Inc. Richard Garcia 550 W. Duarte Rd. Suite 6 Arcadia, CA 91007 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 8 Revised 5/2001 C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised 5/2001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By (Name) By: Nick Inzunza, Mayor (Title) APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Name) (Title) 10 Revised 5/2001 RJA RJA Management Services, Inc. 550 W. Duarte Rd., Ste. #6 Arcadia, CA 91007 April 4, 2003 Mr. Park Morse Assistant City Manager CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Dear Mr. Morse, EXHIBIT A RJA Management Services, Inc. is pleased to submit this proposal to conduct an executive recruitment for a PERSONNEL DIRECTOR. Over the years, our Executive Search consultants have applied their highly professional skills to recruit competent executives, directors, managers, and mid -managers in both the public and private sectors. Our extensive network, developed over the last twenty years, greatly enhances our ability to assist organizations in quickly recruiting and selecting candidates. RJA search con- sultants work closely with clients and prospective candidates to avoid unnecessary inconven- iences or costs to either party. A partial list of clients includes the City of Anaheim - Public Utilities Department, City of Banning, City of Chula Vista, City of Commerce, City of Delano, City of Fresno, City of Glendale (Arizona), City of Imperial Beach, City of Irwindale, City of Long Beach, City of Montebello, City of Oxnard, City of Pasadena, City of Pomona, City of Salinas, City of San Diego, City of San Fernando, City of Santa Paula, City of Soledad, City of So. El Monte, City of South Gate, City of Watsonville, County of Los Angeles, Monterey County, Fort Ord Reuse Authority, Helix Water District, Otay Water District, San Diego County Water Authority, San Diego Data Processing Corp., Santa Clara Valley Water District, Sweetwater Union High School District, University of California at San Diego, University of California Office of the President, and Cal State Los Angeles, Cal Poly Pomona, California State University, Hayward and San Diego State University. (References attached) RJA TEAM I will serve as the project manager of the engagement and will be assisted by Ms. Pat Adams and Ms. Irene Bazan, Executive Recruiters. Our Team possesses a breadth of management experiences, broad personnel backgrounds, and extensive professional contacts that are useful in identifying, recruiting, screening, and selecting qualified candidates. It is my responsibility to coordinate all consultant activities, contact and screen candidates who are ultimately submitted for consideration, and ensure that RJA adheres to the agreed upon executive search strategy. RJA APPROACH RJA is very deliberate, yet flexible, in its approach to recruiting qualified candidates. The RJA approach to this executive search encompasses the following seven steps: 1. Organizational Assessment RJA meets with the Assistant City Manager to: • Discuss critical community, political, legal, and organizational issues relevant to the City of National City; • Review the organizational culture and environment; • Discuss in further detail the salary range, selection process, duties, responsibilities, skills, knowledge, abilities, and behaviors required of the Personnel Director; • Clearly define any special requirements and candidate screening criteria; and • Establish search deadlines and reporting arrangements. 2. Development of Recruitment Materials Information gathered during the organizational assessment phase is used to design recruitment strategies, a recruitment brochure, advertisements, recruitment letters, supplemental application forms and any other materials appropriate for the City. 3. Outreach RJA accesses our computerized municipal management candidate databank and employs our state/national management and professional association networks to identify individuals with the desired personal, professional, technical, and man- agement qualifications. In addition, RJA places advertisements in journals and periodicals widely read by and oriented to the human resource management profession. It has been both our contention and experience that minorities and females are qualified for top-level positions. RJA's job is to identify and attract a diverse candidate pooL However, the selection of the best candidate for the position is the responsibility of the client. 4. Screening and Individual Assessment RJA carefully compares the candidates' qualifications against the requirements for the position agreed to by the Assistant City Manager. Our consultants also review and evaluate responses to job related questions posed on the supplemental questionnaire. We respond to all candidates who apply. RJA personally contacts those applicants who most closely match the established requirements to more carefully evaluate past performance; check education, training, and professional capabilities; assess professional poise, demeanor and communication skills; and appraise motivation and potential. Those candidates considered most qualified are identified and submitted to the Assistant City Manager for review and discussion. All candidate resumes are made available to the Assistant City Manager should there be any questions regarding any applicant for the position. 5. Reporting and Presentation RJA will prepare and present to the Assistant City Manager a succinct report on candidates who most closely meet the position requirements. The report will facilitate comparison of the candidates and ease the evaluation. We will also be available to provide any additional preliminary background information 6. Rating Guide and Possible Interview Questions RJA assumes that the City's Personnel Department will be responsible for developing the final selection process. However, RJA is prepared to consult with and provide guidance to the Assistant City Manager in the development of the selection process. 7. Reference Checks Once the top three (3) finalists are identified, RJA will conduct thorough reference checks. The references are provided by the candidates. The information gathered is used to develop a concise report that assesses past performance, including strengths and weaknesses. In addition, financial, criminal and educational checks pan be conducted. BRIEFINGS Periodic briefings are provided to the Assistant City Manager to: • Keep the Assistant City Manager apprised of progress; • Discw s potential problems and recommended solutions; and, • Conduct interim assessments of candidates recruited. Any obstacles encountered by our Search Consultants will quickly be communicated to the Assistant City Manager at the briefings. TIME FRAME RJA will complete the search activity in a timely fashion. Ideally, we would like to begin the search on the Monday following approval of the contract and submit candidates for consideration within 60 business days of commencement of the outreach Normally, an appointment is made within 30 business days of the selection of the finalists. A more detailed time schedule will be developed by RJA once a contract is awarded and the recruitment strategy is discussed and approved (Draft Timeline attached). FEES RJA would propose to charge the City of National City a flat fee of Sixteen Thousand Five Hundred Dollars ($16,500.00) for professional services rendered plus out-of-pocket expenses up to Seven Thousand Dollars ($7,000.00). Out-of-pocket expenses include consultant travel, advertising (up to $2,400.00), clerical services, telephone (10% of total expenses), fax, printing, postage, Choice Point background checks, and other directly related costs. The expenses do not include any costs associated with candidate travel. The City will be billed one-third of the professional services fee upon commencement of the search (first installment), one-third at the beginning of the second month (second installment), and one-third upon presentation of candidates (third installment). The first installment is due and payable upon commencement of the search. The remaining installments and other invoices, including expenses, are due within thirty (30) days of receipt of invoice. The professional service fee, as proposed, is based on the outlined "RJA Approach." The professional service fee is negotiable in accordance with a modified approach. Any professional services provided beyond those described in the RJA Approach will be billed to the Client at the rate of $150.00 per hour. RJA looks forward to serving the City of National City. Please feel free to call me at (626) 447- 3318 if you have any questions or need additional information. Dr. Richard Garcia President RG:LB:pc Attachments RJA PARTIAL REFERENCE LIST ILIA PARTIAL REFERENCE LIST Client Name: Bassett Unified School District Contact Person: Mr. Don Laurence, Acting Asst. Supt. for H.R. Dev. Telephone #: 323-722-4850 Project Type: Executive Search Description: Assistant Superintendent for Human Resources Development. Client Name: City of Commerce Contact Person: Mr. Duane Munson, Director of H.R. Telephone #: 323-722-4850 Project Type: Executive Search Description: Community Development Director, Dir. of Finance/Treasurer. Client Name: City of Chula Vista Contact Person: Honorable, Shirley Horton, Mayor Telephone #: 619-691-5044 Project Type: Executive Search (Facilitated) Description: City Manager. Client Name: City of Delano Contact Person: Ms. Adela Gonzalez, City Manager Telephone #: 661-720-2231 Project Type: Executive Search Description: Police Chief. Client Name: City of Fresno Contact Person: Mr. Severo Esquivel, Assistant City Manager Telephone #: 559-621-4528 Project Type: Executive Search Description: Personnel Services Director. Client Name: Fort Ord Reuse Authority Contact Person: Ms. Veronica Ferguson, Asst. County Admin. Officer Telephone #: 831-755-5065 Project Type: Executive Search Description: Executive Officer. Client Name: Helix Water District Contact Person: Ms. Sue Fox, Human Resources Director Telephone #: 619-667-6262 Project Type: Executive Search Description: Director of Engineering; Director of Administrative Services. Client Name: City of Huntington Beach Contact Person: Mr. Ray Silver, City Administrator Telephone #: 714-536-5575 Project Type: Executive Search (facilitated) Description: Assistant City Administrator. Client Name: City of Irwindale Contact Person: Mr. Steve Blancarte, City Manager Telephone #: 626-430-2217 Project Type: Executive Search Description: Chief of Police; City Manager. Client Name: City of Imperial Beach Contact Person: Mr. Blair King, former City Manager (currently ACM at the City of Milpitas) Telephone #: 408-586-3000 Project Type: Executive Search Description: City Manager, Community Development Director. Client Name: Housing Authority of the City of Los Angeles Contact Person: Mr. Don Smith, Executive Director Telephone #: 213-252-1810 Project Type: Executive Search Description: Human Resources Director; Director of Urban Revitalization Demonstration. Client Name: County of Los Angeles Community Development Commission Contact Person: Dr. Carlos Jackson, Executive Director Telephone #: 213-890-7001 Project Type: Executive Search Description: Human Resources Manager; Resident Manager; and Senior Manager Engineering Services; Manager, Housing Development; *Assistant Director CDBG; Owned Housing Manager; Area Manager, Housing Management Division; Manager -Section 8 Program; Manager, Construction Manager. Client Name: City of Montebello Contact Person: Mr. Richard Torres, City Administrator Telephone #: 323-887-1360 Project Type: Executive Search Description: Department of Transportation; Director of Recreation & Parks. Client Name: County of Monterey Contact Person: Mr. Dave Potter, Former Chairman, Board of Supervisors Telephone #: 831-647-7755 Project Type: Executive Search Description: County Administrative Officer. Client Name: Otay Water District Contact Person: Mr. German Alvarez, Administrative Services Department Head Telephone #: 6I9-670-2286 Project Type: Executive Search Description: Administrative Services Department Head; Information Systems Manager; General Manager. Client Name: City of Oxnard Contact Person: Mr. Ed Sotelo, City Manager Telephone it: 805-385-7449 Project Type: Executive Search Description: Asst. City Mgr.; Community Development Director, Public Works Director; Director of Human Resources; and Strategic Planning Workshops. Client Name: City of Pasadena Contact Person: Honorable, Chris Holden, former Mayor Telephone #: 626-744-4311 Project Type: Executive Searches; and Training Seminars. Description: City Manager, Asst. City Mgr. Human Services; Asst. City Mgr. Urban Environment; Dir. of Human Services; *Asst. City Manager/Community; Council/ Manager Retreat. Client Name: City of Pinole Contact Person: Mr. Marc Grisham. City Manager Telephone #: 510-724-9013 Project Type: Executive Search Description: Assistant City Manager; City Engineer/Public Works Director. Client Name: City of Pomona Contact Person: Mr. Severo Esquivel, former City Administrator Telephone #: 909-620-2053 Project Type: Executive Search Description: Assistant City Administrator; Chief Building Official; *City Treasurer, Community Development Director; Economic Development Director; Finance Director. Client Name: City of Reno Contact Person: Mr. Charles McNeely, City Manager Telephone#: 702-334-2020 Project Type: Executive Search Description: Redevelopment Administrator; Economic Development Manager. Client Name: City of Salinas Contact Person: Mr. Jorge Rifa, Assistant City Manager Telephone #: 408-758-7201 Project Type: Executive Search Description: Personnel Officer. Client Name: San Diego Data Processing Corporation Contact Person: Mr. Roger Talamantez, President/CEO Telephone #: 619-533-5921 Project Type: Survey Description: Customer Satisfaction. Client Name: City of San Diego Contact Person: Mr. Jack McGrory, former City Manager (currently President/CEO at Price Enterprises) Telephone #: 619-581-4973 Project Type: Executive Search Description: Deputy City Manager and City Engineer; Civil Engineers and Dep. Civil Engineers; Asst. Dir. of the Building Inspection Department; Print Shop Manager; Exec. Dir. to the Human Relations Commission; Assistant Police Chief; Fire Chief Client Name: Santa Clara Valley Water District Contact Person: Mr. Stan Williams, General Manager Telephone it: 408-265-2600 Project Type: Executive Search; Training Seminar Description: General Counsel; Flood Control Manager, Group Manager; Assistant Administrative Officer/Chief Financial Officer; Assistant Operating Officer; Management and Sexual Harassment Training. Client Name: City of Santa Paula Contact Person: Mr. Paul Skeels, Interim City Manager Telephone #: 805-933-4200 Project Type: Executive Search Description: City Manager; Finance Director. Client Name: City ofSoledod Contact Person: Ms. Belinda Espinosa, former City Manager Telephone #: 408-678-3963 Project Type: Executive Search Description: Police Chief; Director of Public Safety/Police Chief, City Manager; Assistant City Manager for Development Services. Client Name: Sweetwater Union High School District Contact Person: Mr. Edward Brand, Superintendent Telephone #: 619-691-5555 Project Type: Executive Search Description: Director of Visual & Performing Arts; Chief Operating Officer, Director of Personnel Services. Client Name: City of Visalia Contact Person: Mr. Steven Salomon, City Manager Telephone #: 209-738-3312 Project Type: Executive Search Description: Fire Chief. * These positions were not filled due to budget cuts or to reorganization in agency. RJA PROPOSED TIMELINE DRAFT RJA TIMELINE CITY OF NATIONAL CITY PERSONNEL DIRECTOR EXECUTIVE SEARCH TASK Organizational Assessment Completed Recruitment Materials Developed for Client Review Advertisement Placements Brochure Mailing/Outreach Last Day to File Consultant Screening Completed Client Review Selection of Finalists Interviews Reference Checks Completed Final Selection, Negotiations and Approval *Placement of advertisements can effect last day to file. WEEK Week #1 Week #2 Week #3 * Week # 3-7 Week # 7 Week # 8 Week #10 Week #10 Week #12 Week #14 Week #15 ,lEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AIRSPACE GROUND SUBLEASE WITH OPERATION SAMAHAN AND UNITED STATES INSTITUTE OF AMATEUR ATHLETICS (USIAA) FOR THE AIRSPACE LOCATED NEAR THE INTERCHANGE OF HIGHWAY 805, PALM AVENUE AND DIVISION STREET PREPARED BY Rhonda Darling DEPARTMENT Public Works/Engineering 336-4380 EXPLANATION On November 6, 2001, Council authorized the Mayor to sign an airspace ground lease with the State of California, Department of Transportation for the property at Division Street and Palm Avenue. The City will sublease the airspace for community -benefit and social service purposes, in accordance with State Senate Bill 160, to a subtenant comprised of two entities, Operation Samahan and United States Institute of Amateur Athletics (USIAA). Since the approval of the airspace lease, City staff has been involved in on -going discussions with Caltrans and the subtenant regarding the language of the Sublease. All responsible divisions of Caltrans and Board members from both subtenant entities have now reviewed the Sublease and agree with the terms. We are now presenting the proposed Sublease provisions to City Council to decide on whether or not to accept the Sublease as it has been written. After the City executes the Sublease, the City will work with the subtenant in conjunction with Caltrans to address the Master Lease's requirements regarding construction of improvements/alterations to the premises. Environmental Review N/A Financial Statement There is no cost associated with the sublease provisions. Approved attyz The ten-year cost of the Master Lease is $5,120 which will be Finance Director paid from Account Number 626-4 2-223-268. There are two ten-year renewal terms allowed by, lease, but we are only requestin nds for the i "tial ten-year lease at this time. The lease require an rent char.ed to subtenant . e C must forwarded to the State. Ao o ar t o. Recommend City Coun M yori BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS t Listed Below 1. Proposed Sublease A-200 (9;99) os n ttip -u lease. 2003-45 Resolution No, RESOLUTION NO. 2003 — 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AIRSPACE GROUND SUBLEASE BETWEEN THE CITY OF NATIONAL CITY AND OPERATION SAMAHAN AND UNITED INSTITUTE OF AMATEUR ATHLETICS (USIAA), FOR THE AIRSPACE LOCATED NEAR THE INTERCHANGE OF HIGHWAY 805, PALM AVENUE AND DIVISION STREET WHEREAS, on November 6, 2001, Resolution No. 2001-164 was adopted by the City Council authorizing the Mayor to sign an airspace ground lease with the State of California, Department of Transportation for the property at Division Street and Palm Avenue; and WHEREAS, the City desires to sublease the airspace for community - benefit and social service purposes, in accordance with State Senate Bill 160, to a subtenant comprised of two entities, Operation Samahan and United States Institute of Amateur Athletics. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an airspace ground sublease with Operation Samahan and Untied States Institute of Amateur Athletics for the airspace located near the interchange of Highway 805, Palm Avenue and Division Street. Said sublease is on file in the office of the City Clerk. PASSED AND ADOPTED this 15th day of April, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AIRSPACE GROUND SUBLEASE FOR COMMUNITY BENEFIT AND SOCIAL SERVICE PURPOSES SUBLEASE AREA No. 11-SDX805-12 THIS SUBLEASE is written pursuant to legislative act by the State of California known as State Senate Bill 160, also known as the State Budget Bill of 1999, items 14(a), 14(b) and 14(c), which state, (14a) "The Department may lease the airspace under the interchange at Palm Avenue and Division Street in San Diego County to any city, county, or other political subdivision, or any state agency, for community - benefit and social service purposes. The Department may provide information to those entities regarding the lease of that airspace for that use. The lease shall be for $1 per month: The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee." 14(b) "This lease shall also provide for the cost of administering the lease. The administrative fee shall not exceed $500 per year unless the department determines that a higher administrative fee is necessary." 14(c) "Upon request of the City of National City, the department may renew the lease for the period requested by the city, but not exceed 10 years, and may, subsequent to that renewal, agree to not more than two additional renewals of not more than 10 years each." THIS SUBLEASE dated September 1, 2001 is by and between the CITY OF NATIONAL CITY, hereinafter called "Tenant," and UNITED STATES INSTITUTE OF AMATEUR ATHLETICS (USIAA), a non-profit corporation, and SAMAHAN HEALTH CLINIC, a non-profit organization,hereinafter called "Subtenant." WITNESSETH For and in consideration of the rental and of the covenants and agreements hereinafter set forth to be kept and performed by the Subtenant, Tenant hereby leases to Subtenant and Subtenant hereby leases from Tenant the Premises herein described for the term, at the rental and subject to and upon all of the terms, covenants and agreements hereinafter set forth. ARTICLE 1. TENANT: SUBTENANT: PREMISES: RENT: USE: LIABILITY INSURANCE SUMMARY OF SUBLEASE PROVISIONS CITY OF NATIONAL CITY UNITED STATES INSTITUTE OF AMATEUR ATHLETICS (USIAA) AND SAMAHAN HEALTH CLINIC Near the interchange of Highway 805, Palm Avenue and Division Street located in National City and City of San Diego, County of San Diego, State of California, known to Landlord as 11-SD-805-12 and more particularly described in Article 2 of this Sublease. SUBLEASE TERM: Ten (10) years, commencing September 1, 2001 and expiring on August 31, 2011 (Article 3), plus two (2) additional ten-year (10-year) renewal options beginning September 1, 20] 1 and ending August 31, 2031 if elected. To be funded by the City of National City Community Benefit and Social Service Purposes. $5 Million (Article 8). ADDRESS FOR NOTICES: (Article 19) LEASE AREA No. 11-SDX805-12 To Landlord: DEPARTMENT OF TRANSPORTATION DISTRICT 11 - RIGHT OF WAY, MS 54 PO Box 85406 San Diego, CA 92186-5406 To Tenant: CITY OF NATIONAL CITY, CITY MANAGER 1243 National City Boulevard National City, CA 91950 To Subtenant: USIAA, ROBERT COONS P.O. Box 564 National City, CA 91951 SAMAHAN HEALTH CLINIC, JOEL SAN JUAN P.O. Box 564 National City, CA 91951 References in this Article 1 to the other Articles are for convenience and designate other Articles where references to the particular item contained in the Summary of Sublease Provisions appear. Each reference in this Sublease to the Summary of Sublease Provisions contained in this Article 1 shall be construed to incorporate all of the terms provided under the Summary of Sublease Provisions. In the event of any conflict between the Summary of Sublease Provisions and the balance of the Sublease, the latter shall control. ARTICLE 2. PREMISES Tenant hereby subleases to Subtenant, and Subtenant hereby subleases from Tenant, for the term, and up. the covenants and conditions hereinafter set forth, those certain premises known as Airspace Sublease Area No.11-SDX805-12, situated in the City of National City and City of San Diego, County of San Diego, said land or interest therein being shown on the map or plat marked "Exhibit A," attached, hereto and by this reference made a part hereof, and more particularly described as follows:" All that certain real property situated, lying, and being in the City of San Diego and in the "City of National City, County of San Diego, State of California, described as: THAT portion of lot 70, of Ex Mission Lands of San Diego (commonly called Horton's purchase), according to map thereof No. 283, filed in the San Diego County recorder's Office, on March 9, 1878, conveyed to the State of California in a deed recorded on May 21, 1971, as File No. 105932 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a Final Order of Condemnation recorded on May 16, 1972, 183419 in said recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on December 31, 1969, as File No. 236282 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on November 13, 1969, as File No. 207832 in said Recorder's Office, TOGETHER WITFI that portion of said Lot 70 conveyed to the State of California in a deed recorded on October 6, 1970, as File No. 181572 in said Recorder's Office, TOGETHER WITFI Lot 3 and portions of Lots 1,2,4,5, and 31, according to map thereof No. 3153, filed on November 4, 1954, in said County Recorder's Office, conveyed to the State of California in a Final Order of Condemnation recorded April 26, 1972, as file No. 103745 in said Recorder's Off TOGETHER WITH a portion of Lots 1 and 2 of Millerton, according to map thereof No. 1608, filed on November 7, 1913, in said County Recorder's Office, conveyed to the State of California in a deed recorded on August 14, 1970, as File No. 144917 in said County Recorder's Office , All lying within the following described area: Page 2 of 23 LEASE AREA No. 11-SDX80S-12 BEGINNING at the Northwesterly terminus of that course shown as "N.59°31'47"W. 107.30 feet" in Parcel-9 of Relinquishment No. 24006 to the City of National City, recorded on September 2, 1975 as File No. 75-235593 in said County Recorder's Office; Thence (1) along the Northeasterly line of said Parcel-9, from a tangent which bears S. 72°15'46"W., along a curve to the right, having a radius of 30.00 feet, through a central angle of 63°58'57", an arc distance of 33.50 feet; thence (2) leaving said curve and continuing along said Northeasterly line N.43°45' 17"W., 244 feet, to the beginning of a tangent curve to the right, having a radius of 599 fcct; thence (3) continuing along said Northeasterly line, along said curve to the right, through a central angle of 10°57'28", an arc distance of 114.56 feet; thence (4) leaving said Northeasterly line along the Northerly extension of said curve through a central angle of 47°55'02", and an arc distance of 500.96 feet; thence (5) N. 67°17'50" E., 54.00 feet; thence (6) S.25°05'02" E., 463.03 feet thence (7) S.33°56'57"E., 384.76 feet; thence (8) S72°15'46"W., 121.48 feet to the POINT OF BEGINNING. Containing 3.110 acres, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1927, Zone 6. Multiply all distances shown by 0.9999942 to obtain ground level distances. EXCEPTING THEREFROM all those portions of the above -described property occupied by the supports and foundations of the existing structure. ALSO EXCEPTING THEREFROM all that portion of said property above a horizontal plane five (5) feet below the underside of the superstructure of the existing structure, which plane extends to a line fifteen (15) feet, measured horizontally, beyond the outermost protrusion of the superstructure of said existing structure, as shown on the diagram marked exhibit "B," attached hereto and by this reference made a part hereof. This Sublease is subject to (1) all easements, covenants, conditions, restrictions, reservations, rights of way, liens/stop notices, encumbrances and other matters of record, (2) all matters discoverable by physical inspection of the Premises or that would be discovered by an accurate survey of the Premises and (3) all matters known to Subtenant or of which Subtenant has notice, constructive or otherwise including, without limitations, those shown on Exhibit "A" attached hereto and made a part thereof. ARTICLE 3. TERM The term of this Sublease shall be for ten (10) years, commencing September 1, 2001 and expiring on August 31, 2011. Subtenant may renew this Sublease for two (2) additional ten-year (10-year) terms. Page 3 of 23 LEASE AREA No. 11-SDX805-12 Subtenant shall provide Tenant with written notice of its intent to renew the Sublease not later than thirty (30) days before the expiration of the term or the expiration of the first renewal period, as applicable. ARTICLE 4. USE 4.1 Specified Use The premises shall be used and occupied by Subtenant only and exclusively for a community athletic club and health clinic and for no other purpose whatsoever without obtaining the prior written consent of Landlord, Tenant, and the concurrence of the Federal Highway Administration. Subtenant agrees to be bound by all terms and conditions of the Airspace Ground Lease (hereinafter called the "Master Lease") between Tenant and the State of California, Department of Transportation. In the event of a conflict between this Sublease and the Master Lease, the Master Lease shall prevail. 4.2 Condition of Premises Subtenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all existing and future applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Sublease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto: Subtenant acknowledges that neither Tenant nor any agent of Tenant has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of Subtenant's business, nor has Tenant agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Sublease. (a) Except as may be otherwise expressly provided in this Sublease, Subtenant agrees to accept the Premises in its presently existing condition "as is", and that the Tenant shall not be obligated to make a improvements or modifications thereto except to the extent that may otherwise be expressly provided this Sublease. (b) Subtenant represents and acknowledges that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Sublease (including investigation of the surface, subsurface and groundwater for contamination and hazardous substances) and is satisfied that the Premises will safely support the type of improvements to be maintained by Subtenant upon the Premises, that the Premises are otherwise fully fit physically and lawfully for the uses required and permitted by this Sublease and that Subtenant accepts all risks associated therewith. (c) Subtenant acknowledges that (1) Tenant has informed Subtenant prior to commencement of the term of this sublease that Tenant does not know nor has reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the premises; (2) Tenant has provided Subtenant access to the premises for purposes of providing to Subtenant the opportunity to investigate, sample and analyze the soil and groundwater on the premises for the presence of hazardous substances; (3) by signing this Sublease, Subtenant represents to Tenant that, except as otherwise may be stated on Exhibit "C" attached hereto and by this reference incorporated herein, Subtenant does not know nor has reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the Premises and (4) with respect to any hazardous substance which Subtenant knows or has reasonable cause to believe will come to be located on or beneath the Premises, Subtenant has listed the hazardous substance on attached Exhibit "C" and agrees to promptly commence and complete the removal of or other appropriate remedial action regarding the hazardous substance at no cost or expense to Landlord and Tenant and in fill compliance with all applicable laws, regulations, permits, approvals and authorizations. The phn ""hazardous substance", as used herein, has the same meaning as that phrase has under Section 25359.7 of the California Health and Safety Code_ Page 4 of 23 LEASE AREA No. 11-SDX805-12 (d)Subtenant agrees that, except as otherwise expressly provided in this Sublease, Subtenant is solely responsible without any cost or expense to the Tenant to take all actions necessary, off as well as on the premises to improve and continuously use the Premises as required by this Sublease and in compliance with all applicable laws and regulations. 4.3 Compliance with Law Subtenant shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the premises. The judgment of any court of competent jurisdiction or the admission of Subtenant in any action against Subtenant, whether Landlord or Tenant be a party thereto or not, that Subtenant has violated aiiy law, statute, ordinance or - governmental rule, regulation or requirement, shall be conclusive of that fact as between Tenant and Subtenant. Subtenant shall not allow the premises to be used for any unlawful purpose, nor shall Subtenant cause, maintain or permit any nuisance in, on or about the premises. Subtenant shall not commit or suffer to be committed any waste in or upon the premises. 4.4 Petroleum Products Subtenant shall not install facilities for, nor operate on the land above or below a highway or freeway, a gasoline or petroleum supply station, nor shall the transportation or storage of gasoline or petroleum products be permitted under the structures, except those products stored within an operable vehicle for exclusive use by that vehicle. 4.5 Explosives and Flammable Materials The premises shall not be used for the manufacture of flammable materials or explosives, or for any storage of flammable materials, explosives or other materials or other purposes deemed by Landlord to be a potential fire or other hazard to the transportation facility. The operation and maintenance of the leased premises shall be subject to regulations of Landlord so as to protect against fire or other hazard impairing the use, safety and appearance of the transportation facility. The occupancy and use of the area shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the traveled way of the transportation facility. 4.6 Hazardous Materials Subtenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws"). As used in the provisions of this Sublease, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Sublease, Subtenant shall not use, create, store or allow any hazardous materials on the premises. Fuel stored in a motor vehicle for the exclusive use in such vehicle is excepted. Page 5 of 23 LEASE AREA No. 11-SDX805-12 In no case shall Subtenant cause or allow the deposit or disposal of any hazardous materials on the Premises. Landlord, or its agents or contractors, and Tenant shall at all times have the right to go upon and inspect tl Premises and the operations thereon to assure compliance with the requirements herein stated. This inspection may include taking samples of substances and materials present for testing, and/or the testing of soils or underground tanks on the Premises. In the event Subtenant breaches any of the provisions of this Section, this Sublease may be terminated immediately by Tenant and be of no further force or effect. It is the intent of the parties hereto that Subtenant shall be responsible for and bear the entire cost of removal and disposal of hazardous materials introduced to the Premises during Subtenant's period of use and possession as owner, operator or Subtenant of the Premises. Subtenant shall also he responsible for any clean up and decontamination on or off the Premises necessitated b: the introduction of such hazardous materials on the Premises. Subtenant shall not be responsible for or bear tilt Cost of removal or disposal of Hazardous materials irtroduced to the Premises by any party other than Subtenant during any period prior to commencement of Subtenant's period of use and possession of the Premises as owner, operator or Subtenant. Subtenant shall further hold Landlord and Tenant, and its officers and employees, harmless from all responsibility, liability and claim for damages resulting from the presence or use of hazardous materials on the Premises during Subtenant's period of use and possession of the Premises. Landlord shall be responsible for removal of hazardous materials introduced to the leased premises from a highway accident or other occurrence on the overhead freeway structure. 4.7 Signs Subtenant shall not construct, erect, maintain or permit any sign, banner or flag upon the premises without the prior written approval of Tenant. Subtenant shall not place, construct or maintain upon the premi any advertising media that include moving or rotating parts, searchlights, flashing lights, loudspeakers, phonographs or other similar visual or audio media. The term "sign" means any card, cloth, paper, metal, painted or wooden sign of any character placed for any purpose on or to the ground or any tree, wall, bush, rock, fence, building, structure, trailer or thing. Tenantmay remove any unapproved sign, banner or flag existing on the premises, and Subtenant shall be liable to and shall reimburse Tenant for the cost of such removal plus interest from the date of completion of such removal. 4.8 Tenant's Rules and Regulations Subtenant shall faithfully observe and comply with the rules and regulations that Tenant shall from time to time promulgate for the protection of the transportation facility and the safety of the traveling public. Tenant reserves the right from time to time to make reasonable modifications to said rules and regulations. The additions and modifications to those rules and regulations shall be binding upon Subtenant upon delivery of a copy of them to Subtenant. 4.9 Wrecked Vehicles Subtenant shall not park or store wrecked or inoperable vehicles of any kind on the leased premises. 4.10 Vending Subtenant shall not conduct or permit the vending or sale of any goods or services upon the premises except as specifically permitted under Section 5.1. 4.11 Water Pollution Control Subtenant shall fully conform to the requirements of the Department of Transportation statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003 adopted by the State W Resources Control board on July 15, 1999. This permit regulates storm water and non -storm wa,,, discharges associated with activities within Department of Transportation right of way. Subtenant shall develop, implement, and maintain a Facilities Pollution Prevention Plan (FPPP), describing the pollution prevention practices associated with activities on facilities located within the Department of Transportation Page 6 of 23 LEASE AREA No. 11-SDX805-12 right of way. Subtenant shall comply with the statewide NPDES Storm Water Permit by incorporating storm water management into its operational activities. The FPPP will accomplish compliance by implementing Best Management Practices (BMPs) described in the Department of Transportation Statewide Storm Water Management Plan (SWMP). Copies of the Permit and the Department of transportation SWMP may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California, 98518, Telephone (916) 445-3520. Subtenant shall not allow the unauthorized discharge of storm water runoff into private or public storm water drainage systems. Subtenant must comply with State and federal storm water pollution control standards, including those of the State Water Resources Control Board, and the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to separate storm sewer systems or other watercourses under jurisdiction of the above agencies. To minimize the discharge of pollutants, spilled or leaked fluids, and any other wastewater into the storm water drainage system, Subtenant shall not allow the washing, fueling and repair of vehicles and equipment on the site. To minimize the discharge of pollutants from storm water resulting from contact with hazardous materials, Subtenant shall not allow the storage or stockpile of hazardous materials on the site. Landlord, or its agents or contractors, or Tenant, and its officers and employees, shall at all times have the right to go upon and inspect the site and the operations therein to assure compliance with the requirements herein stated. inspection may include taking samples of substances and materials present for testing, and/or the testing of storm water systems or watercourses on the site ARTICLE 5. IMPROVEMENTS 5.1 Construction of Improvements and Alterations Subtenant shall not place any improvements in, on, or upon the premises, nor shall Subtenant make any alterations to said premises without the prior written consent and approval of Tenant, Landlord and the Federal Highway Administration. 5.2 Standard of Construction Subtenant agrees that any improvements or construction upon the premises shall: (a) be consistent with all fire safety requirements, (b) be subject to the approval of Tenant, the State Fire Marshall and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govern construction of the sublease. Subtenant shall not construct or place on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility situated on the leased premises or on adjoining real property. Subtenant shall save Landlord and Tenant harmless of and from any loss or damage caused by reason of the construction or use of said improvements. 5.3 Encroachment Permit Subtenant, prior to construction or alteration of any improvements on or of the leased premises, shall obtain an executed Encroachment Permit from Landlord and Tenant. Issuance by Landlord and Tenant of an Encroachment Permit shall be contingent upon Subtenant's providing the following: Page 7 of 23 LEASE AREA No. 11-SDX805-12 (a) Final construction plans and detailed specifications. All such plans and specifications submitted by Subtenant to Tenant shall be subject to the review and approval of Landlord and Tenant, the State Fire Marshall and the Federal Highway Administration. (b) Evidence of coverage that assures Landlord and Tenant that sufficient monies will be available to complete the proposed construction or alteration. The amount of coverage shall be at least equal to the total estimated construction costs. Such coverage shall take one of the following forms: (1) Completion bond issued to Landlord and Tenant as obligee. (2) Performance bond and labor and material bond or Performance bond containing the provisions of the labor and Material bond supplied by Subtenant's contractor or contractors, provided said bonds are issued jointly to Subtenant and Landlord and Tenant as obligees. (3) Any combination of the above. All bonds shall be issued by a company qualified to do business in the State of California and acceptable to Landlord and Tenant. All bonds be in a form acceptable to Landlord and Tenant and shall ensure faithful and full observance and performance by Subtenant of all terms, conditions, covenants and agreements relating to the construction of improvements within the leased premises. (c) Liability insurance as provided in Section 9.2. (d) Fire insurance as provided in Section 9.3. (e) A copy of a building permit issued by the appropriate local jurisdiction. (f) A copy of Subtenant's contract with the general contractor actually performing construction. (g) Final landscaping and irrigation plans and detailed specifications including a maintenance plan for litter removal, watering, fertilization and replacement of landscaping. (h) Evidence of compliance with the applicable provisions of all federal, state and local environmental statutes, laws, regulations and ordinances. (i) Subtenant agrees to diligently apply for and meet all requirements for issuance of Encroachment Permit and Landlord and Tenant agree to not unreasonably withhold issuance of said Encroachment Permit. Subtenant is obligated to deliver to Landlord and Tenant the documents described in subdivisions (a) through (h) of this section regardless of whether an Encroachment Permit may have been issued inadvertently before these documents have been provided to Landlord and Tenant. 5.4 Standard of Construction Subtenant agrees that any improvements or construction upon the premises shall: (a) be consistent with all fire safety requirements. (b) be subject to the approval of Tenant and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govern construction of the same. Subtenant shall not construct or place on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility situated on the leased premises or on adjoining real property. Subtenant shall save Landlord and Tenant harmless of and from any loss or damage caused by reason of the construction of said improvements. 5.5 "As -Built" Plans Within ninety (90) days after completion of construction of improvements or alterations, Subtenant shall furnish Tenant and Landlord, at Subtenant's expense, one set of "As -Built" plans, according to a scale and Page 8 of23 LEASE AREA No. 11-SDX805-12 size designated by Tenant, showing said improvements as constructed in detail, including the location of underground and aboveground utility lines. ARTICLE 6. OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY 6.1 Ownership of Improvements During Term All improvements constructed on the premises by Subtenant as permitted or required by this Sublease shall, during the term of this Sublease, be and remain the property of Subtenant; provided, however, that Subtenant's rights and powers with respect to the improvements are subject to the terms and limitations of this sublease and Subtenant's interest in such improvements shall terminate upon the expiration or earlier termination of this Sublease. Subtenant shall not remove any improvements from the premises nor waste, destroy or modify any improvements on the premises, except as specifically permitted by this Sublease. At the expiration or termination of this sublease, all improvements constructed on the premises by Subtenant shall vest in Tenant. Subtenant shall deliver said improvements to Tenant in good condition and repair, reasonable wear and tear excepted, without compensation to Subtenant or third party, free and clear of all claims to or against them by Subtenant or third party, and Subtenant shall defend and hold Landlord and Tenant harmless from all liability arising from such claims or from the exercise by Tenant of its rights under this section. In the event said improvements are not delivered to Tenant in good condition and repair, reasonable wear and tear excepted, Tenant shall make the necessary maintenance and repairs and Subtenant shall be liable to and shall reimburse Tenant for any such expenditures made, plus interest as provided in Section 20.11 from the date of completion of work. Tenant and Subtenant covenant for themselves and all persons claiming under or through them that the improvements are real property. 6.2 Removal of Personal Property and Ownership at Termination At the expiration or earlier termination of this sublease, Tenant may, at Tenant's sole election, require the removal from the premises, at Subtenant's sole cost and expense, of all personal property (other than fixtures), or of certain personal property (other than fixtures), as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to take effect on any other termination of the term of this Sublease shall be effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination. Subtenant shall be liable to Tenant for costs incurred by Tenant in effecting the removal of personal property which Subtenant has failed to remove after demand pursuant to Section 7.2. Subtenant may remove any personal property from time to time within forty-five (45) days of the expiration of the term. Subtenant shall repair all damage (structural or otherwise) caused by any such removal. Any personal property not removed by Subtenant within forty-five (45) days following expiration of the term shall be deemed to he abandoned by Subtenant and shall, without compensation to Subtenant, become the Tenant's property, free and clear of all claims to or against them by Subtenant or any other person. 6.3 Removal of Improvements at Termination Upon the expiration or earlier termination of this sublease, Tenant may, i.n its sole discretion, and upon written notice, require Subtenant to remove, at the sole cost and expense of Subtenant, and not later than ninety (90) days after the expiration or earlier termination of this sublease, all structures, buildings and improvements of any kind whatsoever placed or maintained on the premises, whether below, on or above the ground by Subtenant or others, including, but not limited to, foundations, structures, buildings, utility lines, switchboards, transformer vaults and all other service facilities constructed or installed upon the premises; and Subtenant shall, upon the expiration or earlier termination of this Sublease, immediately restore, and quit and peacefully surrender possession of the premises to Tenant in at least as good and usable condition, acceptable to Tenant, as the same was in at the time of first occupation thereof by Subtenant or others, ordinary wear and tear excepted, and shall, in any event, leave the surface of the Page 9 of 23 LEASE AREA No. 11-SDX805-12 ground in a level, graded condition, with no excavations, holes, hollows, hills, or humps. Should Subtenant fail to so remove said structures, buildings and improvements and restore the premises, Tenant may sell, remove or demolish the same, and in the event of said sale, removal or demolition, Subtenan shall reimburse Tenant for any cost or expense thereof in excess of any consideration received by Tenant as a result of such sale, removal or demolition. Upon the expiration or earlier termination of this Sublease, should Tenant, in its sole discretion, determine not to require Subtenant to remove the improvements placed on the premises, then such improvements shall remain on the premises and Subtenant shall continue to maintain and repair said improvements until the premises are vacated. ARTICLE 7. MAINTENANCE AND REPAIRS 7.1 Subtenant's Obligations Subtenant, at its own cost and expense, shall maintain the leased premises, improvements and landscaping thereon, including fences, and guardrails heretofore, or hereafter erected, in first class order, repair and condition and in compliance with all requirements of law. Subtenant shall also, at its own cost and expense, install or provide for the installation of all required lighting on the leased premises and shall maintain the lighting in first class order, repair and condition. Tenant and Subtenant recognize that because of the length of the term of this Sublease, it may be necessary for Subtenant to perform certain substantial maintenance, repair, rehabilitation or reconstruction (hereinafter collectively referred to as "repair" or "repairs") of the improvements in order to ensure that the premises are kept in first-class order, repair and condition. "First-class order, repair and condition", as used herein, shall mean the maintenance, repair, renovation or replacement of buildings, equipment, furniture, fixtures, landscaping and appurtenances necessary to keep the premises in efficient and attractive condition, given the nature and age of the improvements at any time during the term of this Sublease. Tenant and Subtenant do not intend by the immediately preceding sentence that a property item is not first-class merely because of ordinary ar reasonable wear and tear that does not materially and substantially reduce the attractiveness and utility the item given the nature and age of the improvements at any time during the term of this Sublease. Subtenant hereby expressly waives the right to make repairs at the expense of Tenant and the benefit of the provisions of Sections 1941 and 1942 of the California Civil Code or any successor thereto. Subtenant shall take all steps necessary to protect effectively the fences, guardrails, and the piers and columns, if any, of the structure from damage incident to Subtenant's use of said premises and improvements, all without expense to Tenant. Subtenant shall, at its own cost and expense, repair in accordance with Tenant's standards any damage to any property owned by Landlord, including, but not limited to, all fences, guardrails, piers and columns, caused by Subtenant, invitees or other third parties. At Subtenant's request, Tenant will repair the damage to its property and Subtenant agrees to reimburse Tenant promptly after demand for the amount Tenant has reasonably expended to complete the repair work. Subtenant shall designate in writing to Tenant a representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness and general order. 7.2 Tenant's Rights In the event Subtenant fails to perform Subtenant's obligations under this Article, Tenant shall give Subtenant notice to do such acts as are reasonably required to so maintain the premises. If within thirty (30) days after Tenant sends written notice to repair, Subtenant fails to do the work and diligently proceed, in good faith to prosecute it to completion, Tenant shall have the right, but not the obligation, to do such acts and expend such funds at the expense of Subtenant as are reasonably required to perform such we Any amount so expended by Tenant shall be paid by Subtenant promptly after demand plus interest fru._. the date of completion of such work to date of payment. Tenant shall have no liability to Subtenant for any damage, inconvenience or interference with the use of the premises by Subtenant as a result of performing any such work. Page 10 of 23 LEASE AREA No. 11-SDX805-12 ARTICLE 8. INSURANCE 8.1 Exemption of Tenant from Liability This Sublease is made upon the express condition that Tenant and Landlord are to be free from all liability and claims for damages by reason of any injury to any person or persons, including Subtenant, or property of any kind whatsoever and to whomsoever belonging, including Subtenant, from any cause or causes resulting from the operation or use of the premises by Subtenant, its agents, customers or business invitees. Subtenant hereby covenants and agrees to indemnify and save harmless Tenant and Landlord from all liability, loss, cost and obligation on account of any such injuries or losses. 8.2 Insurance During the term of the Sublease, Subtenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: (1) Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. (2) Comprehensive commercial general liability insurance with minimum Iimits of Five Million Dollars ($5,000,000) as the combined single limit for each occurrence of bodily injury, personal injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. (3) Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Subtenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. (4) At the start of and during the period of any construction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the construction of improvements. Upon completion of the construction of improvements, Subtenant shall substitute for the foregoing insurance policies of lire, extended coverage and vandalism and malicious mischief insurance on the improvements. The amount of insurance at all times shall be representative of the insurable values installed or constructed. (5) All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claims -made basis. (6) The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed Mose stated. 8.3 Named Insureds All policies, except for the worker's compensation policy, shall name Landlord, Tenant and their officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional insureds"). Each policy which is to be endorsed to add Additional Insureds hereunder, shall contain cross -liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another insured is or may he liable, then this policy shall cover such insured against whom a claim is or may he in the same manner as if separate policies had been issued to each insured hereunder." 8.4 Evidence of Insurance Certificates of insurance of each insurance policy required to be obtained by Subtenant in compliance with this Sublease, along with written evidence of payment of required premiums, shall be filed and maintained Page 11 of 23 LEASE AREA No. 11-SDX805-12 with Tenant prior to occupancy of the premises, and annually during the term of the Sublease. Subtena--' shall immediately advise Tenant of any claim or litigation that may result in liability to Tenant. 8.5 Cancellation of Policies of Insurance All insurance policies maintained pursuant to this Sublease shall contain the following endorsement: "At least thirty (30) days prior written notice shall he given to Tenant by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Sublease." 8.6 Insurance Companies All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus line carriers on the State of California Insurance Commissioner's approved list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Rest Company. 8.7 Contractors Subtenant shall require that each and every one of its contractors and their subcontractors who perform work on the Subleased Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Subtenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. 8.8 Review of Limits Once during each calendar year during the term of this Sublease or any renewal thereof, Tenant may review the insurance coverages to be carried by Subtenant. If Tenant determines that higher limits of coverage are necessary to protect the interests of Tenant or the Additional Insureds, Subtenant shall be so notified and shall obtain the additional limits of insurance, at its sole cost and expense. 8.9 Failure to Procure and Maintain Insurance If Subtenant fails to procure or maintain the insurance required by this Article in full force and effect, Tenant may take out insurance and pay the premiums thereon. The repayment of those premiums, plus payment of interest from the date such insurance is obtained, shall be the sole obligation of Subtenant and shall be deemed to be additional rental and payable as such on the next day upon which rent becomes due hereunder. In addition, if Subtenant fails to procure or maintain the insurance required by this Article, Subtenant shall cease and desist from operating any business on the premises and the improvements erected thereon and shall prevent members of the public from gaining access to the premises during any period in which such insurance policies are not in full force and effect. 8.10 Waiver of Subrogation Tenant, and Subtenant each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damages. The party obtaining the policies of insurance required hereunder shall give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in the Sublease. ARTICLE 9. DAMAGE OR DESTRUCTION 9.1 Duty to Repair or Restore If during the term of this Sublease any building or improvement on, in or appurtenant to the land at the commencement of the term or thereafter erected thereon shall be destroyed or damaged in whole or in part by fire or other cause, or shall be declared unsafe or unfit for use or occupancy by a public entity wilt authority to make and enforce such declaration, Subtenant shall within ten (10) clays of the occurrence of such event, give to Tenant immediate notice thereof, and Subtenant shall within sixty (60) days commence, and diligently pursue to completion, the repair, replacement or reconstruction of the same, at least to the extent of the value and as nearly as possible to the character of the buildings and improvements existing immediately prior to the occurrence of such event; and Tenant shall in no event be called upon to repair, Pn(rP 12 cif 7 ; ......«�a....z...s.s._ >.. ,...-.,..._: .. . __... .,..,, ......, LEASE AREA No. 11-SDX80S-12 replace or rebuild any such buildings or improvements. All buildings and improvements shall be repaired, replaced or reconstructed in accordance with the standards and requirements contained in Article 6. 9.2 Relief for Substantial Loss of Area and Damage or Destruction During Final Years of Term Subtenant is relieved of the obligation to, but may, repair, restore, or reconstruct improvements damaged or destroyed during the final five (5) years of the term if (a) more than thirty-five percent (35%) of the improvements constructed on the premises are damaged or destroyed; (b) the damage or destruction is uninsured and is not required to be insured under any provision of this Sublease; and (c) Subtenant complies with all the following conditions: Gives Tenant notice of damage or destruction promptly but not later than ten (10) days after the event, detailing facts that qualify the casualty under this provision. Ts not in default under any provision or condition of this sublease. Continues to make all payments when due as required by the provisions of this Sublease, provided that Tenant may, by notice given at any time atler Subtenant's notice of the damage or destruction, elect to terminate the Sublease at a date stated in Tenant's notice and to forgive all rent for the period following that date. (4) Pay in full, or has paid in full, any outstanding indebtedness incurred by Subtenant and secured by an encumbrance or encumbrances on the leasehold. Delivers possession of the premises to Tenant and quitclaims all right, title and interest in the land and improvements promptly upon ceasing to do business on the premises. (6) Causes to be discharged all liens/stop notices and encumbrances resulting from any act or omission of Subtenant. Removes or deposits the cost of removing all fixtures and improvements if Tenant so elects under the provisions of Article 7. Subtenant shall also be relieved of the obligations to repair, restore or reconstruct improvements because of an insured loss if Subtenant complies with all the above provisions and also assigns all net proceeds from the insurance settlement to Tenant. "Net proceeds" shall mean the full amount of the insurance settlement. Tenant and Subtenant hereby waive the provisions of Section 1932 (2) and 1933 (4) of the California Civil Code and waive the provisions of any other statutes which relate to the termination of a sublease when the leased property is destroyed. Tenant and Subtenant agree that such an event shall be governed by the terms of this Sublease. (5) (7) ARTICLE 10. RIGHT OF ENTRY 10.1 Inspection, Maintenance, Construction and Operation of Freeway Structures Landlord, through its agents or representatives, Tenant, and other city, county, state and through their agents or representatives, shall have full right and authority to enter premises and any building or improvements situated thereon at any and all reasonable term of this Sublease for the purpose of inspecting the same without interference Subtenant, its agents or representatives. Landlord and Tenant further reserves the right of entry for the purpose of inspecting the premises, or the doing of any and all acts necessary or proper on said premises in connection with the protection, maintenance, reconstruction, and operation of the freeway structures and its appurtenances; provided, further, that Tenant reserve the further right, at its discretion, to immediate possession of the same in case of any national or other emergency, or for the purpose of preventing sabotage, and for the protection of said freeway structures, in which event the term of this Sublease shall be extended for a period equal to the emergency occupancy by Tenant, and during said period Subtenant shall be relieved, to the degree of interference, from the performance of conditions or covenants specified herein. Landlord and Tenant further reserve the right of entry by any authorized officer, engineer, employee, contractor or agent of the Tenant for the purpose of performing any maintenance activities upon the property which Subtenant has Page 13 of 23 federal agencies, in and upon the times during the or hindrance by LEASE AREA No. 11-SDX805-12 failed to perform. All agreements which Subtenant enters into for the sublease or use of all or any par of the leased premises shall contain a provision, approved by Tenant, which describes Landlord and Tenant's right of entry as set forth in this Article. 10.2 Future Transportation Project (a) Landlord's Right to Possession of Premises Subtenant understands and acknowledges that Landlord may, during the Term of this Sublease, construct an "Approved and Funded Transportation Project", which may require the temporary or permanent use of all or a portion of the premises. An "Approved - and Funded Transportation Project" is defined as a proposed transportation facility to be constructed by Landlord where the funds necessary to construct the facility are available to Landlord (regardless of the source of the funds) and where the transportation facility can reasonably be expected to be constructed within a reasonable period of time following termination of this Sublease as provided in this Section 12.2. In the event Landlord determines that the premises or any portion thereof will be affected by an "Approved and Funded Transportation Project", Tenant shall immediately notify Subtenant of Landlord's intent to take possession of all or a portion of the premises and shall provide Subtenant with at Ieast one hundred eighty (180) days written notice within which to vacate the required area. Tenant's notice to Subtenant shall indicate the area of the premises to be taken. If possession is to be a temporary use of all or part of the premises, Tenant shall additionally state in such notice to Subtenant Tenant's reasonable estimate of the period of time of such temporary use by Landlord. Upon the date Landlord is entitled to possession of the premises, or portion thereof, Subtenant shall peaceably surrender possession of the premises, or portion thereof, and comply with the restrictions as stated in the notice. The failure of Subtenant to vacate the required area of the premises shall constitute a material default and breach i. this Sublease entitling Tenant to exercise its rights and remedies. (b) Subtenant's Sole Rights; Subtenant's Waiver Tenant's taking of possession of the premises under Section 12.2 does not constitute a taking or damaging entitling Subtenant to compensation under Article 13. Subtenant expressly agrees to hold Tenant harmless from any and all liability for, and expressly waives any right it may have to recover against Tenant, damages to the Premises, any improvements constructed on the premises or improvements thereon, and damages to any other property, project or operations including any claim for loss of business goodwill or resulting from Subtenant's inability to use or possess all or any portion of the premises as a result of an "Approved and Funded Transportation Project". In addition, Subtenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Act (United States Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises for an "Approved and Funded Transportation Project". Landlord agrees to instruct its authorized representatives to minimize the effect of any required construction on Subtenant's use of the premises, both in the construction phase and in the permanent effect on the premises in connection with an "Approved and Funded Transportation Project." In furtherance of the objectives of Section 12.2, Subtenant acknowledges Landlord's power of eminent domain and Subtenant hereby waives all objections that Subtenant may have to Landlord's right to take all or part of the premises as provided in Section 12.2. 10.3 Retrofitting of Freeway Structures Subtenant understands and agrees that Landlord may be required to perform retrofit work on all or a p of the freeway structures which are situated on and above the premises. Tenant shall have the right —, impose such restrictions on Subtenant's right to enter, occupy, and use the premises and to construct improvements thereon as Landlord deems are necessary to enable it to complete construction of all freeway structural retrofit work without interference from Subtenant. In the event Landlord determines that it needs to obtain possession of all or a portion of the premises, or needs to place restrictions on Subtenant's use of the premises, Tenant shall, at least thirty (30) days®prior LEASE AREA No. 11-SDX805-12 to the effective date of the commencement of such possession or restrictions notify Subtenant in writing describing the extent of the possession or restrictions and the effective date of their commencement. Upon the effective date of said notice, Subtenant shall peaceably surrender possession of the premises and comply with the restrictions as stated therein. Subtenant expressly agrees to hold Tenant harmless from any and all liability for, and expressly waives any right it may have to recover against Tenant, damages to the premises, any improvements constructed on the premises, and waives its right to use or possess any portion of the premises or improvements thereon, and damages to any other property, project or operation caused by Tenant's possession, imposition of restrictions or Subtenant's inability to use or possess all or any portion of the premises. In addition, Subtenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Acts (United States Code, title 42, Section 4601, et seq.; California Government Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises. Subtenant shall conduct its operation on the premises in such manner so as not to interfere with Landlord's or its contractor's performance of any required construction in connection with an "Approved and Funded Transportation Project", on or above the premises. Subtenant acknowledges the performance of any required construction may cause damage to paving and other improvements constructed by Subtenant on the premises. Subtenant expressly agrees to hold Tenant harmless from all such damage to its improvements, except that at the conclusion of construction, Tenant shall restore the premises to their pre-existing condition at no cost to Subtenant. Subtenant shall conduct its operations on the premises in such a manner so as not to interfere with Landlord's or its contractor's performance of any structural retrofit work done on or above the premises. Subtenant acknowledges that the performance of the structural retrofit work may cause damage to paving or other improvements constructed by Subtenant on the premises. Subtenant expressly agrees to hold Tenant harmless from all such damage to its improvements, except that at the conclusion of the retrofit work, Tenant shall restore the premises to their preexisting condition at no cost to Subtenant. ARTICLE U. CONDEMNATION BY PUBLIC ENTITIES OTHER THAN TENANT 11..1 Definitions (a) "Condemnation" means (1) the exercise of the power of eminent domain, whether by legal proceedings or otherwise, by a public entity having that power, that is, a condemnor, and (2) a voluntary sale or transfer to any condemnor, either under the threat of condemnation or while legal proceedings in condemnation are pending. (b) "Award" means all compensation, sums, or anything of value awarded, paid or received upon a total or partial condemnation of the leased premises. (c) "Substantial taking" means a taking of a portion of the leased premises by condemnation which, assuming a reasonable amount of reconstruction on the remainder, substantially impairs Subtenant's ability to use the remainder for the purposes permitted under this Sublease. 11.2 Termination of Sublease as to Part Condemned In the event the whole or any part of the premises is taken by condemnation by a public entity, other than Tenant, in the lawful exercise of its power of eminent domain, this Sublease shall cease as to the whole or the part condemned upon the date possession of the whole or that part is taken by the public entity. 11.3 Partial Taking If a part of the leased premises is taken by condemnation but there is no substantial taking of the premises, Tenant shall continue to be hound by the terms, covenants, and conditions of this Sublease. If the part taken by condemnation constitutes a substantial taking of the leased premises, Tenant may elect to: Page 15 of 23 LEASE AREA No. 11-SDX805-12 (a) Terminate this Sublease and be absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or (b) Continue to occupy the remainder of the premises and remain bound by the terms, covenants and conditions of this Sublease. Subtenant shall give notice in writing of its election to terminate this Sublease hereunder within thirty (30) days of the date possession of the part is taken by the public entity. If Subtenant fails to give Tenant its written notice of termination within the time specified, this Sublease shall remain in full force and effect. If it continues to occupy the remainder, Subtenant, whether or not the award upon the taking by condemnation is sufficient for the purpose, shall, at its expense, within a reasonable period of time, commence and complete restoration of the remainder of the leased premises as nearly as possible to its value, condition and character immediately prior to such taking; provided, however, that in the case of a taking for temporary use, Subtenant shall not be required to effect restoration until such taking is terminated. Subtenant shall submit to Tenant its plans fur the restoration of [lie remainder within ninety. (90) days of the date possession of the part is taken by the public entity. ARTICLE 12. UTILITIES Subtenant shall pay when due, and shall hold Tenant harmless from any liability for, all charges for water, gas, heat, light, power, telephone, sewage, air conditioning and ventilating, scavenger, janitorial and landscaping services and all other materials and utilities supplied to the premises. Tenant shall not be liable in damages or otherwise for any failure or interruption of any utility service furnished to the premises, and no such failure or interruption shall entitle Subtenant to terminate this Sublease. ARTICLE 13. LIEN/STOP NOTICE 13.1 Exemption of Tenant from Liability Subtenant shall at all times indemnify and save Tenant harmless from all claims for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment or facilities within the premises, and from the cost of defending against such claims, including attorney fees. 13.2 Subtenant's Obligations In the event a Lien or Stop Notice is imposed upon the premises as a result of such construction, repair, alteration or installation, Subtenant shall either: (a) Record a valid Release of Lien/Stop Notice, or (b) Deposit sufficient cash with Tenant to cover the amount of the claim on the Lien/Stop Notice in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to a Lien/Stop Notice holder claim, or (c) Procure and record a bond in accordance with Sections 3143 or 3196 of the California Civil Code, which frees the premises from the claim of the Lien/Stop Notice and from any action brought to foreclose the Lien/Stop Notice. Should Subtenant fail to accomplish one of the three optional actions within 15 clays after the filing of such a Lien/Stop Notice, the Sublease shall be in default and shall be subject to immediate termination. ARTICLE 14. DEFAULT 14.1 Default The occurrence of any of the following shall constitute a material breach and default of this Sublease Subtenant. (a) The abandonment or vacation of the premises by Subtenant. Failure to occupy and operate the premises for thirty (30) consecutive days following the mailing of written Page 16 of 23 LEASE AREA No. 11-SDA805-12 notice from Tenant to Subtenant calling attention to the abandonment shall be deemed an abandonment or vacation. (b) A failure by Subtenant to observe and perform any other provision of this Sublease to be observed or performed by Subtenant, where such failure continues for thirty (30) days after written notice thereof by Tenant to Subtenant; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Subtenant shall not be deemed to be in default if Subtenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. (c) The making by Subtenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Subtenant of a petition to have Subtenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Subtenant the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Subtenant's assets, where possession is not restored to Subtenant within forty-five (45) days; or the attachment, execution or other judicial seizure of substantially all of Subtenant's assets, where such seizure is not discharged within thirty (30) days. ARTICLE .15. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES 15.1 Voluntary Assignments, Subleases and Encumbrances Subtenant shall not voluntarily assign, transfer or encumber its interest in this Sublease or in the premises, or sublet all or any part of the premises, or allow any other person or entity (except Subtenant's authorized representatives) to occupy or use all or any part of the premises without first obtaining Tenant's written consent and the concurrence of the Federal Highway Administration, unless otherwise expressly permitted by the provisions of this Article. Tenant may withhold its consent to any such assignment, transfer, encumbrance or sublease unless all of the following express conditions are satisfied: (a) Tenant and Subtenant recognize that any sublessee is to be a non-profit entity and that any sublease is to be for community benefit and social service purposes. (b) Plans for any and all improvements to the sublease property by sublessee(s) will be reviewed by Tenant, Landlord and the Federal Highway Administration for approval. Subtenant's failure to obtain Tenants required written approval of any other assignment, transfer, or sublease shall render such assignment, transfer, or sublease void. Occupancy of the leased premises by a prospective transferee, sublessee or assignee before approval of the transfer, sublease or assignment by Tenant shall constitute a breach of this Sublease. Tenants consent to any assignment, or sublease shall not constitute a waiver of any of the terms, covenants or conditions of this Sublease. Such terms, covenants and conditions shall apply to each and every assignment of this Sublease and shall be severally binding upon each and every party thereto. Any document to transfer, sublet, or assign the leased premises or any part thereof shall incorporate directly or by reference all the provisions of this Sublease. 1.5.2 Information to be Supplied to Tenant Subtenant shall supply Tenant with the necessary information on all persons or firms to which Subtenant proposes to sublet or assign any of its interest in the premises, or which might establish rights to enter, control, or otherwise encumber the premises by reason of any agreement made by Subtenant. In addition, with respect to any proposed sublease or assignment, Subtenant shall provide Tenant with: (a) a copy of all documents relating thereto, Page 17 of 23 LEASE AREA No. 11-SDX805-12 (b) a statement of all terms and conditions of said transaction, including the consideration therefor, and (c) a copy of the financial statement of the prospective subtenant or assignee. 15.3 Encumbrances (a) Tenant and Subtenant hereby acknowledge and agree that Subtenant intends to encumber by deed of trust Subtenant's interest in the leased premises, for the purpose of constructing improvements thereon, and/or the permanent financing of new improvements. Any such encumbrance is void without the prior written consent of Tenant. Subtenant must secure the financing from a financial institution (hereinafter called "Lender") qualified to do business in the State of California. (b) Tenant agrees that it will not terminate this sublease because of any default or breach thereunder on the par of Subtenant if the Lender or the trustee under such deed of trust, within ninety (90) days after service of written notice on the Lender by Tenant of its intention to terminate said Sublease for such default or breach, shall: (1) Cure such default or breach if the same can be cured by the payment or expenditure of money provided to be paid under the terms of said Sublease, or if such default or breach is not so curable, cause the trustee under the deed of trust to commence and thereafter to diligently pursue to completion steps and proceedings for the exercise of the power of sale under and pursuant to the trust deed in the manner provided by law, and (2) Keep and perform all of the covenants and conditions of this Sublease requiring the payment or expenditure of money by Subtenant until such time as the leasehold shall be sold upon foreclosure pursuant to the trust deed, or shall be released or reconveyed thereunder, or shall be transferred upon judicial foreclosure; provided, however, that if the lender or the trustee under the trust deed shall fail or refuse to comply with any and all of the conditions of this section, then and thereupon Tenant shall be released from the covenants of forbearance herein contained, and all rights of Subtenant and/or Lender and those who claim under Subtenant, under this Sublease, shall terminate. (c) In the event of a judicial foreclosure sale or trustee's sale of Lender's security interest pursuant to the laws of the State of California, or an assignment in lieu of foreclosure, the transferee, be it Lender or others, shall succeed to all of the right, title and interest of Subtenant. (d) Tenant shall give Lender a written notice of any default by Subtenant under this Sublease which notice shall be given concurrently with the notice to Subtenant. The prior written consent of Tenant shall not be required: (1) to a transfer of this Sublease at foreclosure sale under the trust deed, under judicial foreclosure or by an assignment in lieu of foreclosure; or (2) to any subsequent transfer by the Lender if the Lender is an established bank, savings and loan association or insurance company, and is the purchaser at such foreclosure sale; provided that in either such event the Lender forthwith gives notice to the Tenant in writing of any such transfer, setting forth the name and address of the transferee, the effective date of such transfer and the express agreement of the transferee assuming and agreeing to perform all of the obligations of this Sublease, together with a copy of the document of which such transfer was made and the payment to Tenant of the processing fee provided in Section 19.8. Any transferee under this section shall be liable to perform the obligations of the Subtenant under this Sublease only so long as such transferee holds title to the leasehold. Any subsequent transfer of the leasehold shall not be made without the prior written consent of the Tenant and shall be subject to the conditions relating thereto as set forth in this Sublease. (e) Upon and immediately after the recording of the trust deed, Subtenant at Subtenant's expense, shall cause to be recorded in the office of the Recorder of San Diego County, California, a duly executed and acknowledged written request for a copy of any notice of default and of any notice of sale under the trust deed as provided by the statutes of the State of California relating thereto. Pace 18 of 23 LEASE AREA No. 11-SDX805-12 (1) (g) Concurrently with the execution of the consent to a trust deed, Subtenant shall furnish to Tenant a complete copy of the trust deed and note secured thereby, together with the name and address of the holder thereof. The trust deed and all rights acquired thereunder shall be subject to each and all of the covenants, conditions, and restrictions set forth in this Sublease and to all rights and interests of Tenant hereunder, except as otherwise provided therein. In the event of any conflict between the provisions of this Sublease and the provisions of any trust deed, the provisions of this Sublease shall control. No trust deed which Subtenant may execute or create at any time shall include the Tenant's right, title and interest in and to the demised premises, nor shall any such trust deed subordinate or be deemed to subordinate the fee title to the demised premises or Tenant's interest in this Sublease to the security interest created by such trust deed. It is the intention and agreement of the parties hereto that during the entire term of this Sublease Tenant's right, title and interest in and to the demised premises shall not be subject to any liens/stop notices or encumbrances of any kind or nature created either by Subtenant or by Tenant. Nothing contained in any such trust deed, and no such trust deed, shall release or be deemed to release Subtenant from the full and faithful observance and performance of any covenants and conditions in this Sublease contained and on the part of Subtenant to be observed and performed, nor be deemed to constitute a waiver of any rights of Tenant hereunder and the terms, covenants and conditions of this Sublease shall control in case of any conflict between this Sublease and any such trust deed. ARTICLE 16. NONDISCRIMINATION Subtenant, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) in connection with the construction of any improvements on said land and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors, (3) such discrimination shall not be practiced against the public in its access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on, over, or under the premises, and (4) Subtenant shall use the land in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Part 21 (49 C.P.R., Part 21) and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the Tenant shall have the right to terminate this Sublease, and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Sublease had never been made or issued. ARTICLE 17. SECURITY DEPOSIT No Security Deposit is required ARTICLE 18, ADDITIONAL PROVISIONS 18.1 Quiet Enjoyment Tenant covenants and agrees with Subtenant that upon Subtenant paying rent and other monetary sums due under the Sublease and performing its covenants and conditions, Subtenant shall and may peaceably and quietly have, hold and enjoy the premises for the term, subject however, to the terms of the Sublease and of any of the mortgages or deeds of trust described above. Page 19 of 23 LEASE AREA No. 11-SDX805-12 18.2 Captions, Attachments, Defined Terms The captions of the Articles of this Sublease are for convenience only and shall not be deemed to t relevant in resolving any question of interpretation or construction of any section of this Sublease. Exhibits attached hereto, and addendum and schedules initiated by the parties, are deemed by attachment to constitute part of this Sublease and are incorporated herein. The words "Tenant" and "Subtenant," as used herein, shall include the plural as well as the singular. Words used in neuter gender include the masculine and feminine and words in the masculine or feminine gender include the neuter. If there be more than one Tenant or Subtenant, the obligations hereunder imposed upon Tenant or Subtenant shall be joint and several. If the Subtenants are husband and wife, the obligations shall extend individually to their sole and separate property as well as to their community property. 18.3 Entire Agreement This instrument along with any exhibits and attachments hereto constitutes the entire agreement between Tenant and Subtenant relative to the premises and this agreement and the exhibits and attachments may be altered, amended or revoked only by an instrument in writing signed by both Tenant and Subtenant. Tenant and Subtenant agree hereby that all prior or contemporaneous oral agreements between and among themselves and their agents and representatives relative to the leasing of the premises are merged in or revoked by this agreement. 18.4 Severability If any terms or provision of this Sublease shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Sublease shall not be affected thereby, and each term and provision of this Sublease shall be valid and be enforceable to the fullest extent permitted by law. 18.5 Costs of Suit If Subtenant or Tenant shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Sublease, including any suit by Tenant for the recovery of rent or possession of the premises, the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Should Tenant, without fault on Tenant's part, be made a party to any litigation instituted by Subtenant or by any third party against Subtenant, or by or against any person holding under or using the premises by license of Subtenant, or for the foreclosure of any Lien or Stop Notice for labor or materials furnished to or for Subtenant or any such other person or otherwise arising out of or resulting from any act or transaction of Subtenant or of any such other person, Subtenant shall save and hold Tenant harmless from any judgment rendered against Tenant or the premises or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by Tenant in connection with such litigation. 18.6 Time, Joint and Several Liability Time is of the essence of this Sublease and each and every provision hereof, except as to the conditions relating to the delivery of possession of the premises to Subtenant. All the terms, covenants and conditions contained in this Sublease to be performed by either party if such party shall consist of more than one person or organization, shall be deemed to he joint and several, and all rights and remedies of the parties shall be cumulative and non-exclusive of any other remedy at law or in equity. 18.7 Binding Effect; Choice of Law The parties hereto agree that all the provisions hereof are to be construed as both covenants and conditions as though the words importing such covenants and conditions were used in each separate section her and all of the provisions hereof shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. This Sublease shall he governed by the laws of the State of California. Porrr� On n{`') LEASE AREA No. 11-SDX805-12 18.8 Waiver No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed and any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance by Tenant of any performance by Subtenant after the time the same shall have become due shall not constitute a waiver by Tenant of the breach or default of any covenant, term or condition. Acceptance by Tenant of any performance by Subtenant after the time the same shall have become due shall not constitute a waiver by Tenant of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Tenant in writing. 18.9 Surrender of Premises The voluntary or other surrender of this Sublease by Subtenant, or a mutual cancellation thereof, shall not work a merger and shall, at the option of the Tenant, terminate all or any existing subleases or subtenancies, or may, at the option of Tenant, operate as an assignment to it of any or all such subleases or subtenancies. 18.10 Holding Over If Subtenant remains in possession of all or any part of the premises after the expiration of the term hereof, with or without the express or implied consent of Tenant, such tenancy shall be from month to month only and not a renewal hereof or an extension for any further term, and in such case, month -to -month tenancy shall be subject to every other term, covenant and agreement contained herein. 18.11 Interest on Past Due Obligations Except as expressly herein provided, any amount due to Tenant not paid when due shall hear interest at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the due date. Payment of such interest together with the amount due shall excuse or cure any default by Subtenant under this Sublease. 18.12 Recording Subtenant shall not record this Sublease without Tenant's prior written consent, and such recordation shall, at the option of Tenant, constitute a noncurable default of Subtenant hereunder. Either party shall, upon request of the other, execute, acknowledge and deliver to the other a short form memorandum of this Sublease for recording purposes. 1.8.13 Notices All notices or demands of any kind required or desired to be given by Tenant or Subtenant hereunder shall be in writing and shall be deemed delivered forty-eight (48) hours after depositing the notice or demand in the United States mail, certified or registered, postage prepaid, addressed to the Tenant or Subtenant respectively at the addresses set forth in Article 1. 18.14 No Reservation Submission of this instrument for examination or signature by Subtenant does not constitute a reservation of or option for sublease; it is not effective as a sublease or otherwise until execution and delivery by both Tenant and Subtenant. 18.15 Corporate Authority This section is not applicable. 18.16 Force Majeure If either Tenant or Subtenant shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, governmental restrictions, regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Sublease) or other cause without fault and beyond the control of the party obligated (except financial inability), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be Page 21 of23 LEASE AREA No. 11-SDX8O5-12 extended for a period equivalent to the period of such delay. Nothing in this clause shall excuse Tenant from prompt payment of any taxes, insurance or any other charge required of Subtenant, except as may be expressly provided in this Sublease. 18.17 Taxes Subtenant recognizes and understands that this Sublease may create a possessory interest subject to property taxation, and the Subtenant may be subject to the payment of property taxes levied on such interest. Subtenant further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Subtenant's possessory interest in the Subleased Premises. ARTICLE 19. TERMINATION This sublease may be terminated upon ninety (90) days' written notice by: (a) Subtenant, if it determines that it is no longer practical to use the premises for the Specified Use set forth in Section 4.1. (b) Subtenant, if it is unable to obtain or maintain any license, permit or other governmental approval necessary to use the premises for the Specified Use set forth in Section 4.1. (c) Tenant, if Subtenant is in default under this Sublease, including without limitation Subtenant's failure or inability to use the premises for the Specified Use set forth in Section 4.1. In Witness Whereof Tenant and Subtenant have executed this Sublease as of the date first written above. TENANT: CITY OF NATIONAL CITY, SUBTENANT: UNITED STATES INSTITUTE CALIFORNIA OF AMATEUR ATHLETICS BY: BY: Nick Inzunza Brad Ramsey Mayor Pres' ent / BY: Joe t1' Keefe Seer-tary/Treasurer Page 22 of 23 LEASE AREA No. 11-SDX805-12 SUBTENANT: SAMAHAN HEALTH CLINIC BY: iLd Carrol Waymon, Ph.DY Chairperson of the Board of Directors BY: e�I n i �,.je, get/ Elvira Magsarili, Secretary of the Board of Directors APPROVED AS TO FORM: ATTEST: BY: BY: City Attorney City Clerk Page 23 of 23 City of National City, California COUNCIL AGENDA STATE ENT EETING DATE April 15. 2002 TEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ABANDONMENT AND ACCEPTANCE OF SEWER EASEMENTS ON SAN DIEGO PORT DISTRICT PROPERTY AND DIRECTING THE RECORDING THEREOF AGENDA ITEM NO. 7 PREPARED BY Adam J. Landa DEPARTMENT Engineering 336-4380 EXPLANATION San Diego Port District has constructed a new General Service Facility on Tidelands Avenue. There are existing sewer easements within the area of the new building. The existing sewers and easements should be abandoned and relocated outside of the proposed building site. To accomplish this, the Port District will grant new sewer easements (see attachments) and relocate the existing sewer facilities at their expense. In exchange, the City will allow the abandonment of the existing sewer lines and easements to accommodate the Service Facilities. Environmental Review (-Financial Statement x N/A STAFF RECOMMENDATI Approve the aband. 7 N/A Approved By: Finance Director Account No. ep tri new sewer easement and lines. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 2003-46 1. Resolution 2. Easement and Quitclaim Deed Tidalandc A-200 (9i99) RESOLUTION NO. 2003 - 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A SEWER EASEMENT FROM THE SAN DIEGO UNIFIED PORT DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT AND QUITCLAIM DEED TO ABANDON THE EXISTING SEWER EASEMENT WHEREAS, the San Diego Unified Port District ("Port District") has constructed a new General Service Facility on Tidelands Avenue in National City; and WHEREAS, in order to accommodate the construction of this new facility, it is necessary for the City to abandon an existing sewer easement located within the area where the facility improvements are located, and for the Port District to grant the City a new sewer easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Easement and Quitclaim Deed to abandon the existing sewer easement located within the area of the Port District's General Service Facility on Tidelands Avenue. BE IT FURTHER RESOLVED that the City Council hereby accepts the sewer easement granted by the Port District, and authorizes the City Clerk to execute a certificate of acceptance and to record said sewer easement. PASSED AND ADOPTED this 15th day of April, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, Ill City Attorney EASEMENT & QUITCLAIM DEED SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, (Grantor), for valuable consideration, grants to City of National City, a municipal corporation, (Grantee), and Grantee hereby accepts, subject to the terms and conditions set forth herein, an easement to construct, modify, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: Underground facilities and appurtenances for the transmission and distribution of sewer and other items normally associated with sewer facilities as follows: The property in which this Easement, hereafter the "Easement Area," is granted is located in the County of San Diego, State of California, and is described as follows: Located in the City of National City, California, more particularly described on Exhibit "A" and delineated on Grantor's Drawing No. 525-007 dated April 24, 2002 attached hereto and by this reference made a part hereof and further described as 12,912 square feet. 1. Grantee is further granted the right of ingress and egress to, from and along said Easement Area via practical routes across the adjacent land of Grantor, said routes to be determined by Grantor from time to time. 2. The term of the Easement shall be for a period of sixty-six (66) years commencing on May 1, 2003, and ending on April 30, 2069, unless sooner terminated as herein provided. Provided that this Easement continues to be necessary for distribution of sewer and related facility uses, upon the expiration hereof Grantor agrees to reasonably consider any request Grantee may make for an extension of the term or for a new easement, and such request shall not be unreasonably refused. 3. Consideration for this Easement is the relinquishment of an existing Easement by Grantee as set forth in section 16 in exchange for Grantor's agreement to 1 relocate the existing sewer line serviced by the existing Easement, and to grant this Easement. 4. No construction or major repairs of any facilities shall commence without prior approval of the plans and specifications by Grantor, except for necessary emergency repairs. In the case of emergency repairs, Grantee shall commence repairs immediately and give Grantor written notification within ten (10) days of said emergency repair so that the Grantor can inspect said Easement Area for compliance with the terms and conditions of this Easement. Facilities installed by Grantor pursuant to this Easement Agreement shall be constructed in a careful and workmanlike manner and shall conform to all applicable laws and regulations. 5. Grantor shall not erect, place or construct any building or other structure, plant any tree, drill or dig any well, within said Easement Area (12,912 square feet), without prior written consent of Grantee, which consent shall not be unreasonably withheld. 6. Grantor shall not increase or decrease the ground surface elevations within this Easement Area after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not be unreasonably withheld. 7. Grantee shall have all rights and powers, but is not hereby obligated, to (i) keep said Easement Area free and clear from explosives, buildings, structures and other materials and (ii) trim or remove trees and brush along or adjacent to said easement area and remove roots from within said Easement Area whenever Grantee deems it necessary. 8. In the event this Easement is no longer required or if this Easement is not used for the purposes intended for a period of one hundred eighty (180) days, whichever is sooner, all rights herein granted shall revert to Grantor, its successors or assigns, automatically and without the necessity of reentry or notice. Grantee shall furnish Grantor on demand a good and sufficient Quitclaim Deed of all its rights, title, and interest in the above -described real property. In the event Grantee requires the relocation of its facilities for Grantee's convenience, Grantee shall obtain the approval of Grantor for the new route location and Grantee shall pay the cost of any such relocation. Such approval shall be at Grantor's sole discretion. . 9. Grantor expressly reserves the right to grant easements in, upon, over and across the Easement granted herein for any purpose whatsoever not 2 inconsistent or incompatible with the rights and privileges granted by this Easement and further provided that such will not interfere with the facilities installed by Grantee, or the Grantor for the benefit of the Grantee. Nothing herein contained shall be construed as limiting the powers of Grantor to convey, lease, or otherwise transfer or encumber during the term of this Easement the lands described herein for any purposes subject to the rights and privileges granted herein. The Easement granted herein shall be subject to all existing rights of leases and encumbrances, recorded and unrecorded, affecting said land. 10. The Grantee shall provide proof of general liability for the term of this Easement in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Grantee, of any person acting for it or under its control or direction, or any person authorized by it to use the Easement Area. In lieu of an insurance policy the Grantor shall accept grantee's self-insurance program. A certificate of insurance in a form acceptable to Grantor evidencing the necessary insurance policies or a self-insurance program shall be provided to Grantor prior to entry on the easement area. The insurance policies shall name Grantor as an additional insured to the extent of the liability assumed by the Grantee pursuant to this Easement. The procuring of the required policies of insurance or a Grantor -approved program of self-insurance shall not be construed to limit the Grantee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Easement. Notwithstanding said policies of insurance, the Grantee shall be obligated for the full and total amount of any insurance, the Grantee shall be obligated for the full and total amount of any damage, injury or loss caused by negligence connected with this Easement including any use of Grantor property in connection with this Easement. 11. Facilities, structures, installations, or improvements of any kind previously placed or hereafter placed in said Easement Area by Grantee shall at the option of Grantor be removed by Grantee within sixty (60) days after the expiration of the term of this easement or sooner termination thereof. Grantor may exercise said options as to any or all of the facilities, structures, installations and/or improvements either before or after the expiration or sooner termination of this easement. If Grantor exercises such option and Grantee fails to remove such facilities, structures, installations or improvements within said sixty (60) days, Grantor shall have the right to have such facilities, structures, installations or 3 improvements removed at the expense of Grantee. As to any or all facilities, structures, installations or improvements that Grantor does not exercise said option for removal, title thereto shall vest in the Grantor. 12. Grantee shall to the fullest extent permitted by law, defend, indemnify and hold harmless Grantor and its Commissioners, officers, employees, and agents for and against any and all liability, claims, judgments, or demands arising directly or indirectly out of the obligations undertaken or as a result of or in connection with this Easement except claims or litigation arising through the sole active negligence or willful misconduct of Grantor, specifically those arising solely from Grantor's active negligence or willful misconduct in Grantor's installation and construction of Grantee's sewer line . It is the intent of this paragraph that Grantee indemnify and hold harmless Grantor for any actions of Grantee or Grantor except for those arising out of the sole active negligence or willful misconduct of Grantor, including, but not limited to, claims based upon Grantor's alleged breach of any statutory duty or obligation or Grantee's duty under contracts with third parties. This indemnity obligation shall survive termination of this Agreement. 13. Should this Easement result in a taxable possessory interest subject to the payment of property taxes. Grantee agrees to and shall pay before delinquency all taxes and assessments of any kind assessed or levied upon Grantee for franchises, licenses or permits for any use or activities of Grantee upon said Easement Area. 14. This Easement and any covenants, conditions and restrictions contained herein, shall run with the land, and be binding upon and inure to the benefit of the successors, heirs, executors, administrators, permittees, licensees, agents and assigns of Grantor and Grantee. 15. Effective May 1, 2003, Grantee hereby exchanges, releases, surrenders and quitclaims any and all interests in portions of that certain easement reserved by the Grantee, in the conveyance from the City of National City to the San Diego Unified Port District, which conveyance was filed on February 27, 1963, in the San Diego Unified Port District Clerk's Office, bearing Document No. 103, and which was also recorded on February 26, 1963, File/Page No. 36716 in the Office of the San Diego County Recorder. The real property covered by said easement being exchanged to the Grantor and quitclaimed by the Grantee is delineated on San Diego Unified Port District Drawing Number 525-007, dated March 27, 2002, attached hereto and by this reference made a part hereof, and more particularly described in legal descriptions as follows: 4 EXISTING SEWER EASEMENT ABANDONED An easement for sewer purposes on all that portion of the land conveyed to the San Diego Unified Port District by that certain Act of Legislature of the State of California pursuant to Chapter 67, Statutes of 1962, First Extraordinary Session, as amended, and delineated on that certain Miscellaneous Map No. 564, filed in the Office of the San Diego County recorder on May 28, 1976, File No. 76-164686, in the City of San Diego, County of San Diego, State of California, and more particularly described as follows: Commencing at a 3" brass disk GPS CONTROL SDUPD-017 per R.O.S. Map 16668, thence along a calculated line bearing North 06°38'13" East a distance of 1457.97 feet to Station 41 on the Ordinary High Water Mark as shown on the above described Misc. Map No. 564; thence leaving said Station 41 and along said Ordinary High Water Mark South 13°00'41" West a distance of 24.85 feet; thence leaving said Ordinary High Water Mark South 83°55'59" West a distance of 89.07 feet to a point on the westerly right-of-way of Tidelands Avenue; thence along westerly right-of-way of Tidelands Avenue South 06°55'38" West a distance of 46.18 feet; thence leaving said Tidelands Avenue right-of-way South 83°55'59" West a distance of 462.07 feet to a point on the westerly SDUPD Limits line; thence along said SDUPD Limits line North 06°04'11" West a distance of 322.85 feet to a point of intersection with the center line of the existing 15.00 foot wide sewer easement reserved to the City of National City per N.C. Document No. 32405 and shown on San Diego Unified Port District Tideland Easement Drawing No. 3187-B dated 22 June 1990; thence leaving said westerly SDUPD Limits line North 83°53' ' 13" East a distance of 48.41 feet to the TRUE POINT OF BEGINNING of center line "C", an existing 15.00 foot wide sewer easement lying 7.50 feet on each side of the following described line: thence continuing North 83°53'13" East a distance of 161.60 feet to Point 'D'; thence North 83°53'13" East a distance of 18.29 feet to Point 'E'; thence North 83°53'13" East a distance of 284.21 feet; thence North 71 °09' 13" East a distance of 36.38 feet to the POINT OF TERMINUS of center line "C" containing 7,507.16 square feet or 0.17 acres of tidelands area. The easement sidelines of center line "C" are to be prolongated or shortened at all angle points and points of intersection so as to terminate easterly and parallel to CENTER LINE "A" as described in Exhibit "A" to Drawing No. 525-007 bearing North 44°40'05" East having a length of 23.72 feet that passes through the TRUE POINT OF BEGINNING at the mid -point of said sideline prolongation, and easterly at the southerly prolongation of the sideline, 7.50 feet southerly and parallel to CENTERLINE "A" as described in Exhibit "A" to 5 Drawing No. 525-007 bearing South 83°33'58" West having a length of 35.12 feet that passes through the P.O.T. at the mid -point of said sideline prolongation. 17. It is an express condition of this Easement that the Easement shall not be complete nor effective until signed by all parties. DATED: Port Attorney , 20 DEPUTY PORT ATTORNEY APPROVED AS TO FORM Rudolf Hradecky Sr. Assistant City Attorney Doc#30204v 1 SAN DIEGO UNIFIED PORT DISTRICT By CITY OF NATIONAL CITY By Signature PRINT NAME: PRINT TITLE: 6 (Grantor Acknowledgement) STATE OF CALIFORNIA) ss. COUNTY OF SAN DIEGO) On before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 7 (Grantee Acknowledgment) STATE OF CALIFORNIA) ss. COUNTY OF SAN DIEGO) On before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Doc #30204v1 8 UNITED STATES OF AMERICA (U.S. NAVY) ®'D.U.P.D. LIMITS 3g.87' 9"E 400.00' N44 ,Ip'05"E- St�0'49'29"E 7 5 o TPOB N8353' 13'E-17.70' a 1 TP08 CENTER N8.C161.60 N835313'E- N8353'13 E �NT 'p' 36.55 WOO CENTER UNE "C" do POR. SEWER EASEMENT ABANDONMENT AREA 7,507.16 S.F. (0.17 AC) EXIST SEWER EASEMENT TO BE ABANDONED -SEE DETAIL BELOW AT LEFT N8355 5o f ii �i -18.29iffy: ` �'i , - NBS -3 ; ice. 4ye •:� 4 UNE • =' �� `ter: a a� ��' ' N83 .8• S83'33'58"E a 73.89' 525-006 CITY OF NATIONAL CITY T. 15' SEWER EASEMENT a� 53'13T-284.21' ko POINT 'E' 025-002 CENTER UNE 'E" SEE DETAIL BELOW AT LEFT CF1ER UNE "B i/ g3! -185.nn AREA OF PROPOSED 15' WIDE SEWER I EASEMENT REALIGNMENT 12,912 S.F. (0.30 AC.) 525-001 CITY OF NATIONAL CITY I, 1 15' SEWER EASEMENT Sg355' S9N4 I _ I462.07' �X I II POINT '0' Alla Art tow 1`y► a 0 EXIST SEWER EASEMENT TO BE ABANDONED 1,626.12 S.F. (0.03 AC) DETAIL NO SCALE ORAVYN CHECKED• / 17 MICHAEL FOSTER N8353'13" -E 10.17 POINT TPOB AP.IgY® l eiEG- / FACLR�6 DIVISION CENTER UNE "E" POR. SEWER EASEMENT ABANDONMENT AREA 1,986 S.F. N (0.05 AC) ,w 54 I. II NOTES: 1. SEWER EASEMENTS ARE SHOWN THUS: EXISTING 025-010 PASHA GROUP P.O.C. 3" BRASS / DISK, GPS CONTROL/ SDUPD POINT 017 PER R.O.S. 16666/ N 1822143.544 E 6295301.661 M �'- to 0 Ad ABANDONED REALIGNED =/ Z'7= 2. BEARINGS AN C.C.S.D DISTANCESUPON THE C. (AARE E BANE 6SED SAN DIEGO UNIFIED PORT DISTRICT EASEMENT WITHIN CORPORATESEWER I.IMTIONAL CITY CITY OF NATIONAL CITY 6 1i tl fig I STA 41 GRAPHIC SCALE 0 25' 50' 75' 100' 1"=100' DATE APRIL 24. 2002 SCALE 1'e100' 025-00205 DRAWING MD. IIIHEETIOF1 525-007 DRAWN EXHIBIT "A" SEWER EASEMENT An easement for sewer purposes on all that portion of the land conveyed to the San Diego Unified Port District by that certain Act of Legislature of the State of California pursuant to Chapter 67, Statutes of 1962, First Extraordinary Session, as amended, and delineated on that certain Miscellaneous Map No. 564, filed in the Office of the San Diego. County recorder on May 28, 1976, File No. 76-164686, in the City of San Diego, County of San Diego, State of California, and more particularly described as follows: Commencing at a 3" brass disk marked: GPS CONTROL; SDUPD-017 per R.O.S. No.16668, thence along a calculated line bearing North 06°38'13" East a distance of 1,457.97 feet to Station 41 on the Ordinary High Water Mark as shown on Misc. Map No. 564; thence leaving said Station 41 and along said Ordinary High Water Mark South 13°00'41" West a distance of 24.85 feet; thence leaving said Ordinary High Water Mark South 83°55'59" West a distance of 89.07 feet to a point on the westerly right of way line of Tidelands Avenue; thence along westerly right-of-way of Tidelands Avenue South 06°55'38" West a distance of 46.18 feet; thence leaving said Tidelands Avenue right of way South 83°55'59" West a distance of 462.07 feet to a point on the westerly SDUPD Limits line; thence along said SDUPD Limits line North 06°04' 11" West a distance of 322.85 feet to a point of intersection with the center line of the existing 15.00 foot wide sewer easement reserved to the City of National City per N.C. Document No. 32405 and shown on San Diego Unified Port District Tideland Easement Drawing No. 3187-B dated 22 June 1990, thence leaving said westerly SDUPD Limits line North 83°53'13" East a distance of 36.55 feet along the center line of said existing 15.00 foot wide sewer easement; thence leaving the center line of said sewer easement North 44°40'05" East a distance of 11.86 feet to the TRUE POINT OF BEGINNING of a 15.00 foot wide sewer easement lying 7.50 feet on each side of the following described CENTER LINE "A": thence North 44°40'05" East a distance of 38.87 feet; thence North 83°55'59" East a distance of 400.00 feet to POINT 'B'; thence South 83°33'58" East a distance of 73.89 feet to the POINT OF TERMINUS of CENTER LINE "A". Also commencing at POINT 'B', said point also being THE POINT OF BEGINNING of a 15.00 foot wide sewer easement lying 7.50 feet on each side of the following described CENTER LINE `B": thence South 12°48'29" West a distance of 170.78 feet; thence South 78°37'54" West a distance of 185.48 feet to the POINT OF TERMINUS of CENTER LINE "B", containing 12,912 square feet or 0.3 acres of tideland area. MF/ no CHECKED T _' , RRvxsweD7%�ibi/% SAN DIEGO UNIFIED PORT DISTRICT SEWER EASEMENT CITY OF NATIONAL CITY DATE 24 April 20f REF e25, 3187-B4O25- DOC. NO. 10932 DRAWING NO. 525-007 The side lines of said sewer easement are to be prolongated or shortened at all angle points and points of intersection so as to terminate southerly on the northerly sideline of the existing easement at the TRUE POINT OF BEGINNING, and southeasterly on the northerly sideline of the existing easement at the TERMINUS of CENTER LINE "A", also westerly on the easterly sideline of the existing easement at the TERMINUS of CENTER LINE `B" of the existing City of National City sewer easement described in N.C. Document No. 32405 and delineated on SDUPD Tideland Easement drawing No. 3187-B. The above described sewer easement area is that delineated on Drawing No. 525-007, dated April 24, 2002 and made a part of this agreement. Coordinates, bearings and distances are based upon the California Coordinate System (Zone 6) NAD 83 and B ORDER HORIZONTAL CONTROL Point No. 17 as shown on Record of Survey Map No. 16668. Signature Print 144/112/ANS W /3.4-4i Date SAN DIEGO UNIFIED PORT DISTRICT SEWER EASEMENT CITY OF NATIONAL CITY DATE 24 April 2002 REF e25, 3187-E,025-002 DOC. NO. 10932 DRAWING NO. 525-007 EXHIBIT "B" EXISTING SEWER EASEMENT ABANDONMENT An easement for sewer purposes on all that portion of the land conveyed to the San Diego Unified Port District by that certain Act of Legislature of the State of California pursuant to Chapter 67, Statutes of 1962, First Extraordinary Session, as amended, and delineated on that certain Miscellaneous Map No. 564, filed in the Office of the San Diego County recorder on May 28, 1976, File No. 76-164686, in the City of San Diego, County of San Diego, State of California, and more particularly described as follows: Commencing at a 3" brass disk GPS CONTROL SDUPD-017 per R.O.S. Map 16668, thence along a calculated line bearing North 06°38' 13" East a distance of 1457.97 feet to Station 41 on the Ordinary High Water Mark as shown on the above described Misc. Map No. 564; thence leaving said Station 41 and along said Ordinary High Water Mark South 13°00'41" West a distance of 24.85 feet; thence leaving said Ordinary High Water Mark South 83°55'59" West a distance of 89.07 feet to a point on the westerly right-of-way of Tidelands Avenue; thence along westerly right-of-way of Tidelands Avenue South 06°55'38" West a distance of 46.18 feet; thence leaving said Tidelands Avenue right-of-way South 83°55'59" West a distance of 462.07 feet to a point on the westerly SDUPD Limits line; thence along said SDUPD Limits line North 06°04' 11" West a distance of 322.85 feet to a point of intersection with the center line of the existing 15.00 foot wide sewer easement reserved to the City of National City per N.C. Document No. 32405 and shown on San Diego Unified Port District Tideland Easement Drawing No. 3187-B dated 22 June 1990; thence leaving said westerly SDUPD Limits line North 83°53" 13" East a distance of 48.41 feet to the TRUE POINT OF BEGINNING of center line "C", an existing 15.00 foot wide sewer easement lying 7.50 feet on each side of the following described line: thence continuing North 83°53'13" East a distance of 161.60 feet to Point `D'; thence North 83°53'13" East a distance of 18.29 feet to Point `E'; thence North 83°53'13" East a distance of 284.21 feet; thence North 71 °09' 13" East a distance of 36.38 feet to the POINT OF TERMINUS of center line "C" containing 7,507.16 square feet or 0.17 acres of tidelands area. The easement sidelines of center line "C" are to be prolongated or shortened at all angle points and points of intersection so as to terminate easterly and parallel to CENTER LINE "A" as described in Exhibit "A" to Drawing No. 525-007 bearing North 44°40'05" East having a length of 23.72 feet that passes through the TRUE POINT OF BEGINNING at the mid -point of said sideline prolongation, and easterly at the southerly prolongation of the sideline, 7.50 feet southerly and parallel to CENTERLINE "A" as described in Exhibit "A" to Drawing No. 525-007 bearing South 83°33'58" West having a length of 35.12 feet that passes through the P.O.T. at the mid -point of said sideline prolongation. DR AWN rs °p SAN DIEGO UNIFIED PORT DISTRICT REVIEWED APPROVED �/ FPSllES EXISTING SEWER EASEMENT ABANDONMENT CITY OF NATIONAL CITY DATE 24 April 20, REF e25, 3187-E,025-002 DOC. NO. 10993 DRAWING NO. 525-007 Also commencing at Point `E' an existing 15.00 foot wide sewer easement lying 7.50 feet on each side of the following described CENTER LINE "E"; thence South 06°06' 11" East a distance of 7.50 feet to the TRUE POINT OF BEGINNING of CENTER LINE "E"; thence continue South 06°06' 11" East a distance of 132.44 feet to the POINT OF TERMINUS of CENTER LINE "E", containing 1,986.59 square feet or 0.05 acres of tidelands area. Also an existing sewer easement described as follows: commencing at POINT `D'; thence South 10°49'29" East a distance of 7.53 feet; thence North 83°53'13" East a distance of 10.17 feet to the TRUE POINT OF BEGINNING; thence South 06°06' 11" East a distance of 133.13 feet; thence South 78°37'54" West a distance of 6.68 feet; thence North 10°49'29" West a distance of 134.19 feet; thence North 83°53' 13" East 17.70 feet to the T.P.O.B. containing 1,626.12 square feet or 0.03 acres of tidelands area. The above described sewer abandonment area is that delineated on Drawing No. 525-007, dated April 24, 2002 and made a part of this agreement. Coordinates, bearings and distances are based upon the California Coordinate System (Zone 6) and Point #17 as shown on Record of Survey Map No. 16668. Signature vV X1)04 L Date d-/Z,/c Print MAA/AILLS w, g- 'RAWN MF/ np CHECKED REVIEWS APPROVEDleDreA4SMME'd WIC&I SAN DIEGO UNIFIED PORT DISTRICT EXISTING SEWER EASEMENT ABANDONMENT CITY OF NATIONAL CITY DATE 24 April 2002 REP e25, 3187-E,025-002 DOC. NO. 10993 DRAWING NO. 525-007 STAFF RECOMMENDATIO��� Adopt the Resolution settin• • i.. IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 AGENDA ITEM NO. 8 ITEM TITLE A RESOLUTION SCHEDULING A PUBLIC HEARING TO CONSIDER A RATE CHANGE REQUEST FOR EDCO DISPOSAL CORPORATION PREPARED BY Jeff Servatius DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION EDCO is proposing a rate increase for single family residences from $14.83 per month to $15.33 per month. Senior residential rates are proposed to go from $11.86 to $12.26 per month. Commercial/Industrial rates for a one time a week pick-up of a 3 cubic yard bin is proposed to increase from $89.67 per month to $92.76 per month, with additional collections per week being increased at the same percentage rate. Multi -family assessed per unit recycling fee are proposed being increased from $0.81 to $0.84 per unit per month, and the price of Silver Bags proposed to be raised $0.08 to $2.04 per bag. The purpose of this Resolution is to schedule a Public Hearing for the May 20, 2003 City Council meeting at which time the requested change in the trash service rate would be heard. Environmental Review X N/A Financial Statement Approved BY: The burden of rate increase will Jo lin all recipients of the trash service. A Franchise Fee of 9% will be pthe City. f "--\ BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Finance Director Account No. Resolution No. 2003-47 to-200 (999) RESOLUTION NO. 2003 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER A TRASH SERVICE RATE CHANGE REQUEST FROM EDCO DISPOSAL CORPORATION WHEREAS, it has been proposed that there be approved a change in trash service rates to be charged by EDCO Disposal Corporation; and WHEREAS, Section 66018 and 6062(a) of the California Government Code require a public hearing and 10 days' notice prior to the enactment of specified new or increased fees or charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed change in trash service rates is hereby set for 6:00 p.m. on May 20, 2003, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk of the City of National City, California, is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED AND ADOPTED this 15th day of April, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE April 15, 2003 AGENDA ITEM NO. 9 ITEM TITLE WARRANT REGISTER #38 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #38 per Government Section Code 37208. Environmental Review NIA Financial Statement Not applicable. Approved y Finance Dire Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 292,395.19. BOARD I COMMISSIONNRCOMMENi AT ON r,(/u,' t ATTACHMENTS ( Listed Below ? 1. Warrant Register#38 2. Workers Comp Warrant Register dated 03/19/03 Resolution No. A-200 (9.99) City of National City, California COUNCIL AGENDA STATEMENT lEETING DATE April 15, 2003 ITEM TITLE WARRANT REGISTER #39 PREPARED BY R. Palazo EXPLANATION DEPARTMENT AGENDA ITEM NO. 10 Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #39 per Government Section Code 37208. Financial Statement Not applicable. Approved By: Finance Direct4 Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,203,166.41. BOARD / COM SSI0 ECG? E DATON ATTACHMENTS ( Listed Below 1. Warrant Register#39 2. Workers Comp Warrant Register dated 03/26/03 3. Payroll Warrant Register dated 03/26/03 Resolution No. A-200 (9;99) City of National City, California COUNCIL AGENDA STATEMENT METING DATE April 15, 2003 11 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #40 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #40 per Government Section Code 37208. rEnvironmental Review N/A STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 254,122.94. BOARD / COMM SS RECO EDATION anc4(4): ATTACHMENTS Listed Below 1 1. Warrant Register #40 2. Workers Comp Warrant Register dated 04/02/03 iL/ Resolution Mc A-200 (9:99) MEETING DATE: April 15, 2003 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 12 *Refer to Item #3 ITEM TITLE: RESOLUTION NO. 2003- : APPROVING THE SALE OF REAL PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION LOCATED AT 217- 249 N. HIGHLAND AVENUE PREPARED BY: Paul Desroche DEPARTMENT Community Development Commission Executive Directo. 336.4250 EXPLANATION: A copy of the Summary Report Pertaining To the Sale of Real Property (Report) is included with the Agenda item relative to the Public Hearing held this date on this subject. The Report concludes that the Fair Market Value of the property for sale to the Agpaoa Family Trust is $460,000. State Law re- quires that the Commission make one of the following findings: a) The consideration is not less than the fair market value at its highest and best use in accordance with the Plan; or, b) The consideration is not less than the fair reuse value at the use and with the covenants, condi- tions and development costs authorized by the sale or lease. The Resolution makes the finding related in a) above. A Disposition & Development Agreement (DDA) also subject to Public Hearing will be required prior to the actual sale of the property. This item will be considered on the CDC Agenda following ap- proval of this resolution. Environmental Review X N/A Financial Statement The CDC will receive $460,000 for the sale of the 1.3-acre parcel. s STAFF RECOMMENDATION Approve above -subject resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 2003-48 RESOLUTION NO. 2003 — 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALE OF REAL PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AT 217-249 NORTH HIGHLAND AVENUE TO URBAN INNOVATIONS, LLC AND MAKING CERTAIN FINDINGS IN CONNECTION HEREWITH WHEREAS, the Community Development Commission of the City of National City (the "CDC") is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for the National City Redevelopment Project (NCRP); and WHEREAS, in furtherance of the objectives of the California Community Redevelopment law (California Health and Safety Code Section 33000 et seq.), the CDC desires to redevelop a certain approximately 1 .3-acre portion of the NCRP area located at 217-249 N. Highland Avenue (the Site") which is owned by the CDC; and WHEREAS, the Implementation Plan adopted by the CDC with respect to the NCRP area calls for the CDC's objective to "increase private investment wherever possible, to promote jobs and improve the property and sales tax base of the City"; and WHEREAS, the CDC and Urban Innovations, LLC (the "Developer"), propose to enter into a Disposition and Development Agreement (the "Agreement") pursuant to which the CDC would convey the Site to the Developer, and the Developer would construct improvements on the Site consisting of a 16-unit single- family housing subdivision; and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the CDC is authorized, with the majority approval of the City Council after public hearing, to convey the Site for redevelopment purposes pursuant to the Redevelopment Plan upon a determination by the City Council that the sale of the Site will assist in the elimination of blight and that the consideration for such sale is not less than fair reuse value in accordance with the covenants and conditions governing the sale and development costs thereof; and Resolution No. 2003 — 48 Page Two WHEREAS, a public hearing notice was duly noticed in accordance with the requirements of Health and Safety Code Section 33433; and WHEREAS, the proposed Agreement, and a summary report meeting the requirements of Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on April 15, 2003, the City Council held a public hearing on the proposed Agreement and evaluated all of the information, testimony, and evidence presented during the public hearing; and WHEREAS, the City Council has reviewed the summary report required pursuant to Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to Section 33433; and WHEREAS, the sale of the Site pursuant to the proposed Agreement will improve the quality of life of the residents of the City of National City and its visitors through the elimination of blight and the development of quality projects in the NCRP by providing for the reuse and redevelopment of a portion of the Project Area which formerly contained substandard commercial buildings; and WHEREAS, the value of the consideration for the Site, pursuant to proposed Agreement will be equal to the fair market value of the Site as set forth in the Summary Report; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement has been taken in an appropriate and timely manner; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the disposition of the Site pursuant thereto is in the best interests of the City of National City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law requirements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Resolution No. 2003 — 48 Page Three Section 1. The City Council hereby finds and determines, based upon substantial evidence provide in the record before it, that the consideration for the disposition of the Site, pursuant to the terms and conditions of the proposed Agreement, is not less than the fair market value at its highest and best use in accordance with the Redevelopment Plan. Section 2. The City Council hereby finds and determines that the disposition of the Site pursuant to the proposed Agreement will eliminate blight within the Project Area by providing for the reuse and redevelopment of a portion of the Project Area which was declared blighted for the reasons described above. Section 3. The City Council hereby finds and determines that the Agreement is consistent with the Implementation Plan for the Redevelopment Plan. Section 4. The CDC Executive Director is directed to file a Notice of Exemption with the Office of the San Diego County Recorder pursuant to the provisions of CEQA. PASSED AND ADOPTED this 15th day of April, 2003. Nick lnzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2003 AGENDA ITEM NO. 13 *Refer to Item #4 ITEM TITLE: RESOLUTION: APPROVING THE DRAFT FY 2003-04 CONSOLIDATED PLAN ANNUAL PLAN DOCUMENT INCLUDING PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM BUDGETS PREPARED BY: Paul Desrochers, Executive Directo EXPLANATION: DEPARTMENT Community Development Commission On March 19, 2003, 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 2003-04 Annual Plan (AP) document (Attachment No. 4). Per HUD regulations, the City must hold a 30-day comment period for the public to review the CPAP document and to make comments or suggest changes. This 30-day period began February 3, 2003 and ended March 3, 2003. Both CDBG and HOME recommendations have been provided for Council consideration by the Hous- ing & Community Development Committee (Attachments 2 and 3). Env onmental Review X N/A Financial Statement The City will receive $671,000 in HOME and $1,351,000 in CDBG funds from the Department of Housing and Urban Development for FY 2003-04 STAFF RECOMMENDATION City Council approve the draft 2003-04 Annual Plan including proposed CDBG and HOME programs' budgets; and authorize CDC staff to submit said plans 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. 2 and 3 of this report. I ATTACHMENTS (Listed Below) (Refer to Public Hearing (Item No. 1 for Attachments) 1. Proof of Publication (Public Hearing Notice) 4. 2003-04 Annual Action Plan (DRAFT) 2. HCDC Recommendations - CDBG Program 3. HCDC Recommendations - HOME Program Reso. 2003-49 RESOLUTION 2003 — 49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2003-04 ANNUAL PLAN INCLUDING THE 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 WHEREAS, as a grantee of CDBG and HOME funds, the City of National City is required to prepare a Five -Year Consolidated Plan for FY 2000-05 and a One -Year Annual Plan for FY 2003-04; and WHEREAS, the City desires to allocate program funds for the 2003-04 program year; and WHEREAS, the City Council of the City of National City held a public hearing on the allocation of said funds on March 19 and April 15, 2003; and WHEREAS, the City has agreed to allocate these funds as shown on Exhibit "A" and "B" 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" and "B" are approved; and, the Mayor is hereby authorized, on behalf of the City Council, to submit the 2003-04 Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD). PASSED AND ADOPTED this 15th day of April, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney Tab No. Organization 1 CDC/City 2 3 4 5 6 7 8 9 10 City of National City - Building and Safety 11 2003-2004 CDBG AND HOME FUNDING Southwest Center for Asian Pacific American Law 12 New Beginnings Church PASACAT Asian Pacific Arts, Co. The Charles I. Cheneweth Foundation 13 14 Boys and Girls Club of National City 16 Community Youth Athletic Center 17 18 Moved to Tab No. 65 San Diego Inner-city Junior Golf Foundation 19 Lutheran Social Services of Southern California 20 Interamerican College 21 Operation Samahan United Fil-Am Senior Citizens of San Diego 22 Labor's Community Service Agency City of National City - Public Library Paradise Creek Education Park, Inc. City of National City - Parks and Recreation City of National City - Parks and Recreation Trauma Intervention Program Services Occupational Training Services Program CDBG Administration and Planning Graffiti Removal (250/0 Legal Services and Education 2 Steps Ahead Focus National City Community Access Program Afterschool Transportation Program Program Development Inner-city Juvenile Crime Prevention Shared Housing Operation Self-sufficiency Youth-2-Youth Senior Services in National City National City Home Security Program/Value in Home Security Literacy Services Little Salt Marsh Schoolhouse Tiny Tots Swim Program T.I.P.S. Resident Services at Park Villa Save our Youth's Lives $ CDBG Allocation $ HOME Allocation $ 1,351,000.00 671,000.00 Amount Requested Amount Funded 75 000.00 $ 31,328.00 $ 50,000.00 $ 7,400.00 $ 15,000.00 6,800.00 $ 15,725.00 $ 60,000.00 $ 19,926.00 $ 8,660.00 20,000.00 $ 59,153.00 $ 5,000.00 $ 45,000.00 $ $ 47,250.00 19,000.00 $ 18,000.00 $ 21,000.00 8,000.00 75,000.00 $ 97,000.00 i t Jd VC UUI , wL• • � ..• �� Services Rental Assistance Program $ 5,000.00 25 South Bay Community National City Critical Hours Program $ 25,000.00 26 Critical Hours Program Young Life Summer and Winter Camps $ 30,000.00 27 Young Life Human Services $ 25,000.00 28 MAAC Project Adult Crossing Guards at Las Palmas and Olivewood Schools $ 5,000.00 31 National School District Arts, Co. National City Festival of Lights $ 17,000.00 PASACAT Asian Pacific EXHIBIT "A" PAGE 1 Tab Program Amount Requested Amount Funded 32 City of National City - Building and Safety Graffiti Removal (75%) $ 93,987.00 33 City of National City - Building and Safety Housing Inspection Program $ 36,300.00 34 City of National City - Building and Safety Code Enforcement Pilot Program Matching Funds $ 50,000.00 35 Community Development Commission Historic Kimball House Renovation $ 150,000.00 36 The Diversity Group Employment Training and Placement Center $ 19,926.00 37 MAAC Project MAAC Project Office Renovation $ 125,000.00 38 Operation Samahan Capital Improvements $ 80,000.00 39 Community Food Bank of National City Community Food Bank of National City New Location $ 500,000.00 40 San Diego Capital Collaborative San Diego Reinvestment Task Force $ 50,000.00 41 National City Living History Farm Preserve New Bathroom/Lavatory $ 10,000.00 42 CDC -Senior Nutrition Center Dining Room Interior Improvements $ 50,000.00 15 AABCA, Inc. Illegal Garage Conversions Informational Program $ 15,000.00 23 Urban Corps of San Diego National City Community Project $ 75,000.00 29 San Diego County Hispanic Chamber of Commerce Diverse Emerging Vendor Outreach Program $ 10,000.00 30 South County Economic Develo ment Council South County Partnership in Community Development and Business Assistance 15 000.00 National City Boulevard Streetscape (7th to 12th) $ 1,000,000.00 44 Community Development Commission 45 City of National City - Fire Department Fire Equipment $ 59,800.00 46 City of National City - Fire Department Fire Apparatus $ 56,000.00 47 City of National City - Engineering/Public Works Installation of Pedestrian Ramps $ 150,000.00 48 City of National City - Engineering/Public Works Miscellaneous Storm Drain Improvements $ 50,000.00 49 City of National City - Engineering/Public Works Miscellaneous Concrete Improvements $ 100,000.00 50 City of National City - Engineering/Public Works Street Widening at Las Palmas Park $ 75,000.00 51 City of National City - Engineering/Public Works Alley Improvements $ 125,000.00 52 City of National City - Engineering/Public Works Granger Music Hall Parking Lot Resurfacing Project $ 20,000.00 53 City of National City - Parks and Recreation Las Palmas Pool Rehabilitation $ 70,000.00 54 City of National City - Parks and Recreation Fencing at Kimball and Las Palmas Park $ 20,000.00 55 NOT AN ELIGIBLE ACTIVITY Parks - New Public Address System at Kimball Bowl $ - 56 City of National City - Parks and Recreation Scoreboard at Camacho Center $ 9,000.00 57 NOT AN ELIGIBLE ACTIVITY Parks - New Bleachers $ - 58 CDC/City National City Villages Master Planning $ 50,000.00 59 CDC/City National City Villages Master Planning Implementation $ 250,000.00 EXHIBIT "A" PAGE 2 Tab No. Organization Program Amount Requested Amount Funded Administration $ 63,000.00 60 CDC Sponsored Assist in Production of Affordable Housing $ 492,000.00 61 CDC - CHDO First Time Homebuyers Program $ 62 CDC Home Repair/Rehabilitation $ 75,000.00 63 Christmas in July I. Cheneweth Foundation Residential Home Project $ 100,000.00 64 The Charles Housing Counseling & Financial Literacy Program $ 30,000.00 65 MAAC Project EXHIBIT "B" 2003-2004 CDBG AND HOME FUNDING Tab No. Or anization CDBG Allocation $ HOME Allocation $ 1,351,000.00 671,000.00 Amount 1 CDC/ CDBG Administration and Plannin. 75 000.00 2 City of National City - Building and Safety Graffiti Removal (25%) $ 31,328.00 3 Southwest Center for Asian Pacific American Law Legal Services and Education $ 50,000.00 4 New Beginnings Church 2 Steps Ahead $ 7,400.00 5 PASACAT Asian Pacific Arts, Co. Focus National City $ 15,000.00 6 The Charles I. Cheneweth Foundation Community Access Program $ 6,800.00 7 Boys and Girls Club of National City Aftersch0ol Transportation Program $ 15,725.00 8 Community Youth Athletic Center Program Development $ 60,000.00 9 Moved to Tab No. 65 10 San Diego Inner-city Junior Golf Foundation Inner-city Juvenile Crime Prevention $ 19,926.00 11 Lutheran Social Services of Southern California Shared Housing $ 8,660.00 12 Interamerican College Operation Self-sufficiency $ 20,000.00 13 Operation Samahan Youth-2-Youth $ 59,153.00 14 United RI -Am Senior Citizens of San Diego Senior Services in National City $ 5 000.00 16 Labor's Community Service Agency National City Home Security Program/Value in Home Security $ 45,000.00 17 City of National City - Public Library Literacy Services $ 47,250.00 18 Paradise Creek Education Park, Inc Little Salt Marsh Schoolhouse $ 19,000.00 19 City of National City - Parks and Recreation Tiny Tots $ 18,000.00 20 City of National City - Parks and Recreation Swim Program $ 21,000.00 21 Trauma Intervention Program Services T.I.P.S. $ 8,000.00 22 Occupational Training Services Resident Services at Park Villa $ 75,000.00 24 Save our Youth's Lives Save our Youth's Lives $ 97,000.00 25 South Bay Community Services Rental Assistance Program $ 5,000.00 26 Critical Hours Program National City Critical Hours Program $ 25,000.00 27 Young Life Young Life Summer and Winter Camps $ 30 000.00 28 MAAC Project Human Services $ 25,000.00 31 National School District Adult Crossing Guards at Las Palmas and Olivewood Schools $ 5,000.00 43 PASACAT Asian Pacific Arts, Co. National City Festival of Lights $ 17,000.00 Exhibit "A" Tab No. Organization 32 33 34 35 36 37 38 City of National City - Building and Safety 39 40 City of National City - Building and Safety City of National City - Building and Safety 41 Community Development Commission The Diversity Group 42 15 23 MAAC Project Operation Samahan 29 30 Community Food Bank of National City San Diego Capital Collaborative 44 National City Living History Farm Preserve CDC -Senior Nutrition Center 45 46 AABCA,Inc. 47 Urban Corps of San Diego 48 San Diego County Hispanic Chamber of Commerce 49 South Cou Economic Development Council 50 Community Development Commission City of National City - Fire Department City of National City - Fire Department City of National City - Engineering/Public Works City of National City - Engineering/Public Works City of National City - Engineering/Public Works City of National City - Engineering/Public Works Program Graffiti Removal (75%) Housing Inspection Program Code Enforcement Pilot Program Matching Funds Historic Kimball House Renovation Employment Training and Placement Center MAAC Project Office Renovation Capital Improvements Community Food Bank of National City New Location San Diego Reinvestment Task Force New Bathroom/Lavatory Dining Room Interior Improvements Illegal Garage Conversions Informational Program National City Community Project Diverse Emerging Vendor Outreach Program South County Partnership in Community Development and Business Assistance National City Boulevard Streetscape (7th to 12th) Fire Equipment Fire Apparatus Installation of Pedestrian Ramps Miscellaneous Storm Drain Improvements Miscellaneous Concrete Improvements Street Widening at Las Palmas Park Amount Requested $ 93,987.00 $ 36,300.00 $ 50,000.00 $ 150,000.00 $ 19,926.00 $ 125,000.00 $ 80,000.00 $ 500,000.00 $ 50,000.00 $ 10,000.00 $ 50,000.00 $ 15,000.00 $ 75,000.00 $ 10,000.00 15 000.00 $ 1,000,000.00 59,800.00 $ 56,000.00 $ 150,000.00 $ 50,000.00 $ 100,000.00 $ 75,000.00 Amount Funded City - Engineering/Public Works Alley improvement ___ •--___ - 51 City of National City - Engineering/Public Works Granger Music Hall Parking Lot Resurfacing Project $ 20,000.00 52 City of National City - Parks and Recreation Las Palmas Pool Rehabilitation $ 70,000.00 53 City of National City - Parks and Recreation Fencing at Kimball and Las Palmas Park $ 20,000.00 54 City of National ACTIVITY Parks - New Public Address System at Kimball Bowl $ - 55 NOT AN ELIGIBLE City Parks Recreation Scoreboard at Camacho Center $ 9,000.00 56 City of National - and Parks - New Bleachers $ 57 NOT AN ELIGIBLE ACI1VIIY National City Villages Master Planning $ 50,000.00 58 CDC/City National City Villages Master Planning Implementation $ 250,000.00 59 CDC/City Tab No. Organization Program Amount Requested Amount Funded 60 CDC Administration $ 63 000.00 61 CDC - CHDO Sponsored Assist in Production of Affordable Housing $ 492 000.00 62 CDC First Time Homebuyers Program $ - 63 Christmas in July Home Repair/Rehabilitation $ 75,000.00 64 The Charles I. Cheneweth Foundation Residential Home Project $ 100,000.00 65 MAAC Project Housing Counseling & Financial Literacy Program $ 30 000.00 Exhibit "B" EETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 15,- 2003 SECOND READING AGENDA ITEM NO. 14 ITEM TITLE AN ORDINANCE AMENDING NCMC CHAPTER 10.70 PERTAINING TO POLICE REGULATED BUSINESS REGULATIONS AND CHAPTER 10.73 PERTAINING TO LIVE ADULT ENTERTAINMENT AT ADULT ORIENTED ENTERTAINMENT ESTABLISHMENTS, AND CHAPTER 10.79 PERTAINING TO MASSAGE ESTABLISHMENTS AND ADDING CHAPTER 10.78 PERTAINING TO ENTERTAINMENT ESTABLISHMENTS PREPARED BY DEPARTMENT Rudolf Hradecky, s• City Attorney EXPLANATION Ext. 4222 This ordinance is brought back for reintroduction, after several changes were made to accommodate suggestions and concerns of the owners of the Trophy Lounge. Please see attached Staff Report for discussion. Environmental Review (Financial Statement N/A X is/A Approved By, Finance Director Account No. STAGE RECOMMENDATION Approve Ordinance. BOARD l COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report Draft of revisions to Chapters 10.70 and 10.73 in strikeout form Proposed Ordinance Resokttiori No. A-200 (9 99) STAFF REPORT This ordinance adds Chapter 10.78 to the Municipal Code to regulate cabarets and other specified places that provide entertainment and/or dancing in connection with the primary sale of food and beverages. This ordinance is based on a similar City of San Diego ordinance. In National City, there are four establishments that are potentially subject to these requirements. Regulation is considered appropriate because of demonstrated incidents of disorderly conduct and the need for police services at these venues. The Police Department's records for 2001 and 2002 reflect 509 calls for service at these four establishments, of which 38 were considered "serious". In addition, some of these establishments also present a venue where solicitation for prostitution and drugs has occurred. The regulations therefore address requirements for patron conduct, prevention of disorder, and internal/external security requirements for patron control. Issuance of a police permit under the proposed Chapter 10.78 affects only the providing of entertainment and/or dancing. Revocation of a police permit for cause (e.g., failure to maintain crowd control or patron conduct) would not affect the primary sales of food or beverage, nor would it affect any conditional use permit for the establishment, thereby maintaining the economic viability of the establishment while minimizing the need for police responses to disorderly behavior. Copies of the draft ordinance were provided to the owners of the four establishments for comment, and those comments and suggestions have been incorporated. Exemptions from the ordinance are provided for establishments playing only recorded music, including "karaoke", that do not allow dancing. Other additional changes included clarification of proprietor control over patron noise along the sidewalks for a distance of 100 feet from the premises or its parking lots. Transition provisions are provided. Corresponding administrative changes are proposed to Chapter 10.70 to clarify the relationship between conditional use permits and police permits for entertainment establishments. Adult oriented entertainment establishments that are regulated under Chapter 10.79 will also be required to observe the patron conduct requirements established in proposed Chapter 10.78. As a housekeeping matter, Section 10.79.110 is revised to clearly exempt therapeutic massage administered in health facilities and hospitals. We are not recommending repeal of Chapter 6.30 (Dancehalls) at this time, since that Chapter establishes the current business tax for that type establishment. A forthcoming revision to the general business tax code will deal with taxes specific to certain types of businesses, including dance halls. At that time, Chapter 6.30 could then be repealed. This ordinance has been coordinated with the Planning and Police Departments. NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X — POLICE REGULATED BUSINESSES Chapter 10.70 — Police Regulated Business Regulations 10.70.010 Purpose and intent —permit required. A. It is the purpose and intent of the City Council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity — I prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapter 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of the Municipal Code or State law. A Page 1 separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of the Municipal Codedoes not excuse compliance with or create a defense to any violation of the requirements of this Chapter 10.70 or Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title18. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes a separate misdemeanor. 10.70.020 Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. "Person" means and includes a natural person, a partnership, joint venture or a corporation. B. "Applicant" or "permittee" means: a natural person; and in the case of a corporation, its officers, directors and any shareholder owning more than 5% of any stock; and in the case of a partnership, its general partners. C. "Responsible person" means any person who is an owner or manager, or both, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. D. "Permit" means a permit issued by or under the authority of the chief of police that authorizes activity regulated under Chapters 10.71 through 10.79. Page 2 10.70.080 Suspension and revocation. A. The chief of police shall suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; or 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the conduct of the regulated activity; or b. Allowed or committed acts listed in Section 10.70.050A2 to occur at a regulated business, irrespective of adjudication, conviction or acquittal; or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The permittee had knowingly made a false, mis- leading or fraudulent, material statement of fact in the permit application or any other document required in connection with the application. B. The chief of police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the chief of police has determined that sufficient facts exist to justify the suspension. Page 3 The order shall be effective immediately if personally served, or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080D, immediately upon the order becoming effective, the permittee shall cease all operations allowed under the permit, and surrender the permit to the chief of police. D. In lieu of issuing an order of suspension or revocation, the chief of police may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief of police determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the city council, however, then the order of the chief of police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. Page 4 F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. Page 5 NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X — POLICE REGULATED BUSINESSES Chapter 10.73 — Live Adult Entertainment at Adult Oriented Entertainment Establishments 10.73.010 Permit required. A. An "adult oriented entertainment establishment" defined in Section 10.73.020A is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020D in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity. B. An adult oriented entertainment establishment shall not be required to obtain a separate police permit to operate as a cabaret or entertainment establishment regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78 regulating noise control and patron conduct shall also be applicable_to_an_adult oriented_ entertainment_ establishment as regulatory violations governing suspension or revocation of a permit issued under this Chapter 10.73. C. Issuance and administration of permits is governed by Chapter 10.70. 10.73.040 Patron contact —Prohibited. A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron seating or viewing area. Page 6 { Deleted: B No patron shall occupy or be allowed to occupy the stage or .---(Delete" `•.•---{ Deleted: Ms) platform during any performance. C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of, or touch, a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. No patron shall approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. F. Violation of any subsection of this section is a misdemeanor and shall also be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes or allows any violation to occur. Page 7 •{ Deleted: not ( Deleted: E NATIONAL CITY MUNICIPAL CODE TITLE 10 - PUBLIC PEACE, MORALS AND SAFETY DIVISION X — POLICE REGULATED BUSINESSES Chapter 10.79 — Massage Establishments Section 10.79.110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code. B. Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties. C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete. D. Barbers and beauticians duly licensed under the laws of the state who administer a massage in the normal performance of their profession. E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above- described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision. Page 8 -{ Deleted: who { Deleted: nursing .-{ Formatted: Font: 16 pt Deleted: Any duly licensed Deleted: such F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. Page 9 { Formatted: Font: 16 pt ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.70 PERTAINING TO POLICE REGULATED BUSINESS REGULATIONS, CHAPTER 10.73 PERTAINING TO LIVE ADULT ENTERTAINMENT AT ADULT ORIENTED ENTERTAINMENT ESTABLISHMENTS, AND CHAPTER 10.79 PERTAINING TO MASSAGE ESTABLISHMENTS AND ADDING CHAPTER 10.78 PERTAINING TO ENTERTAINMENT ESTABLISHMENTS BE IT ORDAINED by the City Council of the City of National City that Title 10 of the National City Municipal Code is amended as follows: Section 1. That Chapter 10.70, Sections 10.70.010, 10.70.020, and 10.70.080 be amended to read as follows: Section 10.70.010 Purpose and intent — Permit required. A. It is the purpose and intent of the City Council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity -prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapter 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of the Municipal Code or State law. A separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of the Municipal Code does not excuse compliance with -or create a defense to any violation of the requirements of this Chapter 10.70 or 1 Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title18. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes a separate misdemeanor. Section 10.70.020 Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. "Person" means and includes a natural person, a partnership, joint venture or a corporation. 8. "Applicant" or "permittee" means a natural person; and in the case of a corporation, its officers, directors and any shareholder owning more than 5% of any stock; and in the case of a partnership, its general partners. C. "Responsible person" means any person who is an owner or manager, or both, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. D. "Permit" means a permit issued by or under the authority of the chief of police that authorizes activity regulated under Chapters 10.71 through 10.79. Section 10.70.080 Suspension and revocation. A. The chief of police shall suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; or 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the conduct of the regulated activity; or b. Allowed or committed acts listed in Section 10.70.050 A 2 to occur at a regulated business, irrespective of adjudication, conviction or acquittal; or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The permittee had knowingly made a false, misleading or fraudulent, material statement of fact in the permit application or any other document required in connection with the application. 2 B. The chief of police shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the chief of police has determined that sufficient facts exist to justify the suspension. The order shall be effective immediately if personally served, or seventy-two (72) hours after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080 D, immediately upon the order becoming effective, the permittee shall cease all operations under the permit, and surrender the permit to the chief of police. D. In lieu of issuing an order of suspension or revocation, the chief of police may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If the permittee elects judicial review in lieu of an appeal to the city council, however, then the order of the chief of police shall be deemed a final order constituting the exhaustion of administrative remedy, and the commencement of time within which to file for judicial review. F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. 3 Section 2. That Title 10, Chapter 10.73, Sections 10.73.010 and 10.73.040 be amended to read as follows: Section 10.73.010 Permit required. A. An "adult oriented entertainment establishment" defined in Section 10.73.020 A is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020 D in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity. B. An adult oriented entertainment establishment shall not be required to obtain a separate police permit to operate as a cabaret or entertainment establishment regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78 regulating noise control and patron conduct shall also be applicable to an adult oriented entertainment establishment as regulatory violations governing suspension or revocation of a permit issued under this Chapter 10.73. C. Issuance and administration of permits is governed by Chapter 10.70. Section 10.73.040 Patron contact - Prohibited. A. No live adult entertainer shall approach or be allowed to approach within six (6) feet of any patron of the permitted premises. B. Live adult entertainment shall be performed only upon a stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron seating or viewing area. No patron shall occupy or be allowed to occupy the stage or platform during any performance. C. A passageway of not less than six (6) feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented. D. No adult entertainment establishment operator shall allow a patron to approach within six (6) feet of, or touch, a live adult entertainer while any part of the performer's specified anatomical areas are exposed. E. No patron shall approach within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed. F. Violation of any subsection of this section is a misdemeanor and shall also be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes or allows any violation to occur. 4 Section 3. That Title 10 is hereby amended by adding a new Chapter 10.78 read as follows: Chapter 10.78 ENTERTAINMENT ESTABLISHMENTS Sections: 10.78.010 Purpose and intent 10.78.020 Definitions 10.78.030 Entertainment permit - Required 10.78.040 Exemption from the permit requirement 10.78.050 Hours of operation 10.78.060 Disorderly patron conduct - Regulated 10.78.070 Reasonable passageway - Required 10.78.080 Observation of noise abatement and control laws - Required 10.78.090 Disorderly conduct within 100 feet of premises- Regulated 10.78.100 Orderly dispersal- Required 10.78.110 Restrictions on alcoholic beverage on premises 10.78.120 Authority of police officer where there is immediate threat to public safety 10.78.130 Conditions imposed on entertainment permits 10.78.140 Issuance and duration of permit 10.78.150 Effect of revocation or suspension of entertainment permit Section 10.78.010 Purpose and intent. A. The Council of the City of City of National City encourages the development of arts and culture in City of National City, and recognizes that variety in entertainment venues in the City can provide a rich and diverse cultural experience for residents and visitors to the City. The Council also recognizes that non-alcoholic entertainment venues provide a safe place for families and young adults to gather. The Council finds also that entertainment establishments can present an environment with the potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with adverse public safety impacts on surrounding businesses and residences. B. It is therefore the purpose and intent of this Chapter to regulate the operations of entertainment establishments in the interests of public safety. All permittees will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City's youth from criminal activity and for minimizing disturbances as a result of providing entertainment at the premises of the establishment. 5 C. It is further the intent of this Chapter to provide options in imposing regulatory conditions tailored to the particular establishment which will allow the business or event to flourish while meeting the City's public safety needs and avoiding unnecessary restrictions on existing businesses or organizations with a history of compliance with the City laws. Section 10.78.020 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "ABC License" means a license issued by the California Department of Alcoholic Beverage Control for the sale or consumption of alcoholic beverages. B. "Admission Charge" means any fee or charge for the right or privilege to enter any place of entertainment including a minimum service charge, event charge, cover charge, charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or any person providing entertainment. C. "Conditional use permit" means a permit issued by the city pursuant to chapter 18.116 in determining conditions related to the operation of public premises. D. "Dance and dancing" means movement of the human body, accompanied by music or rhythm. E. "Entertainment" or "live entertainment" means any single event or series of events open to the public and conducted for guests or patrons, including but not limited to: (1) Presentations by single or multiple performers, such as singers, musicians, hypnotists, pantomimes, comedians, musical song or dance acts, plays, concerts, any type of contest, sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations of talent, shows, reviews, or any other activity which may be attended by members of the public. (2) Dancing to live or recorded music. (3) The presentation of recorded music played on electronic sound equipment which is operated by an agent or contractor of the establishment, commonly known as "DJ" or "disc jockey." F. "Theater" or "cinema" means any commercial establishment showing films or regular theatrical performances, such as performances of literary compositions that tell a story that are given usually, but not exclusively, on a stage and with ascending row seating or some similar arrangement of seating. G. "Cabaret" refers to a premises defined in Section 18.04.113, and shall include an "adult cabaret" defined by Section 18.69.020 H. Section 10.78.030 Entertainment permit — Required. A. Except as provided in this Chapter 10.78, it is unlawful for any person to provide, allow or permit any entertainment in an establishment or cabaret open to the public without a police permit. 6 B. The restrictions and regulations imposed by this chapter on patron conduct shall also apply to adult cabarets and other adult oriented entertainment establishments regulated in Chapter 10.73, violation of which may also result in suspension or revocation of a permit issued under Chapter 10.73. C. This chapter shall apply to existing and new establishments as provided in Section 10.78.140. Section 10.78.040 Exemption from the permit requirement. The following types of entertainment and events are exempt from the permit required by this chapter. This exemption does not relieve any establishment from complying with all other applicable laws, including noise control regulations contained in Title 12 of this Code. A. Entertainment sponsored by any public agency, board of education, or any political subdivision of the State of California. B. Entertainment sponsored by any non-profit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is youth activities and child welfare. If the event is a dance, the following requirements must also be met in order for the exemption to apply: (1) No person eighteen years of age or older shall be admitted as a guest, unless as a bona fide student or member of the sponsoring agency or organization; (2) No alcoholic beverages shall be served, consumed or permitted on the premises; (3) Chaperones from the sponsoring agency must be present on the premises at the rate of two adults at least twenty-five years of age or older for every one hundred guests; and (4) The event shall finish by 12:00 a.m. and the premises and the adjoining parking lots shall be promptly vacated by all the guests. C. Events conducted under a "Special Event Permitvv issued pursuant to Chapter 15.60 which imposes conditions within the permit related to the entertainment. D. Entertainment at any establishment limited solely to the playing of a radio or sound system, music recording machine, juke box, television, or recorded music, including karaoke, provided no dancing is allowed or permitted; E. Entertainment not open to the public that is provided for members and guests at private clubs having an established membership with regular dues, the operation of which is not primarily for monetary gain; F. Entertainment for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge. G. Entertainment conducted in connection with a regularly established recreation or theme park; H. Entertainment conducted or sponsored by any club, organization, society or association which is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, generated from the 7 entertainment are used exclusively for the benevolent purposes of such club, society or association; I. Performances by students that are part of a curriculum or program at educational institutions defined by the Education Code; J. Theaters; K. Motion picture theaters or cinemas not providing live entertainment; L. Dance lessons, theatrical and performing arts lessons; M. Book readings, book signings, poetry recitations, and similar entertainment, including plays, consisting only of spoken words, or with incidental music; N. Political fund-raisers; O. Entertainment at cabarets consisting of ambient electronic or incidental music provided for the guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If, however, there is an admission charge required to observe or listen to such entertainment, it will not be considered ambient or incidental. P. Any establishment, venue or assemblage of 49 persons or less, as restricted under a maximum occupancy load for the premises, provided that all the following conditions exist: 1. There is no admission charge; 2. The premise is not licensed for the sale or consumption of alcoholic beverages; 3. Customer dancing is not allowed. 4. Any entertainment ceases between the hours of 2:00 a.m. and 6:00 a.m. Section 10.78.050 Hours of operation. All entertainment establishments subject to this chapter must be closed and all patrons must vacate the premises between 2:00 a.m. and 6:00 a.m. Section 10.78.060 Disorderly patron conduct — Regulated. The responsible person shall make reasonable efforts to remove from or prevent the admission to the premises of any person whose conduct is or would be in violation of Penal Code Section 415 (fighting, loud noise, offensive words in public places) or Section 647 (disorderly conduct) at the premises or on any parking lot or parking facility used, owned or leased by the establishment. This section is regulatory only. Section 10.78.070 Reasonable passageway — Required. It is unlawful for any responsible person to fail to provide a reasonable passageway, which passageway shall not be less than six (6) feet in width through any part of a room used by patrons and entertainers for their ingress and egress. This section is regulatory only. 8 Section 10.78.080 Observation of noise abatement and control laws — Required. The responsible person shall observe all laws applicable to noise abatement and control contained in Title 12 of this Code. When applicable, a regulated premise may be required to reduce the sound level of music to a designated decibel level — notwithstanding the allowance under title 12 of a higher decibel level limit — within one hour prior to closing time in order to minimize noise behavior of patrons upon departure. This section is regulatory only. Section 10.78.090 . Disorderly conduct within 100 feet of premises — Regulated. The responsible person shall take reasonable steps to control the conduct of patrons so as to prevent or minimize noisy patron behavior and disorderly or unlawful conduct at the establishment and within one hundred (100) feet of the establishment on the public sidewalks or rights -of -way. Unlawful conduct includes solicitation for acts of prostitution or sales of narcotics and other controlled substances. The responsibility for patron conduct shall also extend for a distance of one hundred (100) feet along the public sidewalks or rights -of -way from any other property owned, used or leased by the regulated premise for parking. Noisy patron behavior shall include yelling, shouting or loud talking after 10:00 p.m. nightly that continues for more than one minute and disturbs two or more adult occupants of residential structures within one hundred (100) feet of the regulated premises or any incidental property used for parking, even if such conduct is not otherwise unlawful. Distance shall be measured in a straight line from the boundary of the regulated premise or incidental property. This section is regulatory only. Section 10.78.100 Orderly dispersal — Required. The responsible person shall cause the orderly dispersal of individuals from the establishment at closing time, and shall not allow any patrons to congregate on public sidewalks or rights -of -way within 100 feet of the premises or on any parking lots owned, used or leased by the establishment. This section is regulatory only. Section 10.78.110 Restrictions on alcoholic beverage on premises. No person shall bring or be allowed to bring or possess an alcoholic beverage in premises regulated under this chapter unless allowed by the permittee's ABC license. This section is regulatory only. Section 10.78.120 Authority of police officer where there is immediate threat topublic safety. A. A police officer may require a permittee or other responsible person to immediately cease operations and disperse all patrons for the remainder of its daily operation whenever disorderly conduct by patrons reaches a magnitude that presents an immediate threat to the public safety and well-being of patrons or general public in the vicinity. 9 B. It is unlawful and a misdemeanor for any person to fail to comply with any directive issued by a police officer under the authority of Section 10.78.120(a). Violation by a responsible person of a regulated premise shall also constitute grounds for revocation or suspension of the permit. welfare. B. Conditions shall be based on specific facts or events reasonably related to insuring public safety, including the protection of minors from alcohol and other criminal activity. C. Conditions will be listed on the permit. D. The Chief of police shall consider the appropriateness of the conditions as they may affect other lawfully permitted activities on the premises. E. No conditions shall be imposed that conflict with any local, state or federal law or the permittee's ABC License. F. Notwithstanding Section 10.78.130 A, if the applicant has an ABC license or a conditional use permit issued since January 1, 2002 upon which the chief of police has had meaningful input in determining conditions on the permit related to the operation of the entertainment, including the ages of the patrons, and there has been no change in or violations regarding the manner or type of entertainment offered, those conditions will also be the conditions of the police permit issued under authority of this chapter. Nothing in this subsection is intended to prevent the Chief of police from imposing any condition related to the age of patrons inside an ABC establishment if the ABC license does not address that issue. The intent of this subsection is to allow the sale and service of food to minors in a bona fide public eating place (ABC license types 41, 47, and various club licensed premises) with reasonable conditions placed on the permit to prevent curfew violations and protect the minors from alcohol and other criminal activity. G. Unless otherwise stated on the permit, a permit's conditions are subject to modification (1) at the time of renewal of the permit at the request of the permittee, (2) in conjunction with a modification of the same conditions on an Section 10.78.130 Conditions imposed on entertainment permits. A. The chief of police may impose conditions relating to the operation of the entertainment on the permit. Conditions may require or relate to: 1. The days, hours and location of operation; 2. Separate entrances, exits, and restroom facilities on the premises, or similar restrictions designed to prevent minors from obtaining alcohol; 3. Age restrictions on minors allowed on the premises; 4. Hiring and numbers of licensed security guards; 5. Advance notification being given to the Chief of police of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; 6. In consultation with the planning director or building and safety director, use of sound insulation or acoustic barriers and measures designed to minimize sound disturbances to surrounding premises; and, 7. Other conditions reasonably related to public safety and 10 ABC license or conditional use permit, or (3) at the time of renewal by the Chief of police based on demonstrated experience at the regulated premises. At the time of renewal, the Chief of police may order the removal or modification of any condition. Nothing in Sections 10.78.130 F or G is intended to prevent the Chief of police from modifying any condition in conjunction with regulatory action taken against the permittee pursuant to Chapter 10.70. H. Issuance, imposition, suspension or revocation of any particular condition or permit is appealable through the procedures set forth in Chapter 10.70. I. Conditions may not be imposed to suppress or regulate speech in any manner contrary to the First Amendment. Section 10.78.140 Issuance and duration of permit. A. With the exception of a permit that is issued for a single event, any public dance, cabaret, or commercial recreational assemblage permit issued on or before the effective date of this ordinance shall be valid for one year from the date it was issued, subject to the conditions or restrictions existing at the time it was issued. Renewal applications shall be submitted to the chief of police in accordance with Chapter 10.70. The chief of police may impose conditions on a renewal permit in accordance with this chapter. The chief may modify the application process to eliminate requirements that are redundant or irrelevant to a particular premises or its operation. All new permits and renewal permits shall remain valid until revoked, suspended, cancelled by the permittee, or until a change in ownership occurs. Permits shall not be assigned without the express authorization of the chief of police; unauthorized assignment shall automatically void the permit. B. The provisions of this chapter shall be applicable to all entertainment establishments currently doing business in the city. Existing establishments that are not covered under Section 10.78.140A shall make application for a permit within sixty (60) days following the effective date of this chapter. Section 10.78.150 Effect of revocation or suspension of entertainment permit. Police permits issued under this Chapter 10.78 are separate from and independent of any conditional use permit that is required or issued under the provisions of title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that those same or similar terms and conditions may be applicable to both. Revocation or suspension of an entertainment permit shall affect only the authority of the establishment to provide or allow entertainment or dancing at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. 11 Section 4. That Title 10, Chapter 10.79, Section 10.79.110 be amended to read as follows: Section 10.79.110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code. B. Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties. C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete. D. Barbers and beauticians duly licensed under the laws of the state who administer a massage in the normal performance of their profession. E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above -described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision. F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. PASSED and ADOPTED this day of , 2003. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: 10 At tit George H. Eiser, III City Attorney Nick Inzunza, Mayor 12 OLD BUSINESS IEETING DATE April 15, 2003 15 AGENDA ITEM NO. (-ITEM TITLE REPORT OF THE RESULTS OF RESIDENTIAL PARKING DISTRICT "A" SURVEY PREPARED BY Adam J. Landa 336-4380 EXPLANATION DEPARTMENT See attached Explanation. Public Works/Engineering Environmental Review x N/A (-Financial Statement City of National City, California COUNCIL AGENDA STATEMENT N/A Approved By. Finance Director Account No. venue between 21st and 22nd Streets (See Exhibit "B"), it meets the requirements of the Cit ..uncil's Parking District Policy. i STAFF RECOMMEP4DAT°C Staff recommends ex.: �� ng th- pa g district BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Exhibit "A" 2. Exhibit "B" 3. Copies of Survey Letters Resolution No. 4. Copy of March 18, 2003, City Council Agenda A-200 (9/99) Survey EXPLANATION: The City has conducted a survey of Residential Parking District "A" to assist the City Council on implementing modifications to the existing and proposed parking district expansion. The City Council on March 18, 2003, was informed that the surveys was being distributed to obtain their opinions. These surveys have been returned with their requests. The results are as follow: 1. Existing Parking District Residents desires: A. 3 Residents requested that the hours changed to 9:00 am to 5:00 pm on 22nd Street. B. 8 Residents requested the signs on 22nd Street be removed. C. 28 Residents requested to expand the district. D. 7 Residents requested that the district remain the same. Conclusions and comments: The existing parking district residents seem to approve the District expansion and are requesting that the parking limitation signs be removed from 22nd Street. 46 out of the 77 surveys that were sent out responded (59.7% responded). 2. Proposed Parking District Expansion Residents desires: A. 2 Residents requested that the hours be changed to 9:00 am to 5:00 pm on 22nd Street. B. 16 Residents requested the signs on 22nd Street be removed. C. 20 Residents requested that the district be expanded. D. 8 Residents requested not to be part of the district. Conclusions and Comments: Some of the proposed Parking District expansion residents seem to approve the district expansion and would like the parking limitations signs be removed from 22nd Street. 46 out of the 92 Surveys that were sent out responded (50% responded). 3. Apartments Residents Desires: A. 26 Residents requested that the hours be changed to 9:00 am to 5:00 pm on 22nd Street. B. 48 Residents requested signs on 22nd Street be removed. Conclusions and Comments: The apartments residents are requesting that the parking limitations signs be removed from 22nd Street. 74 out of the 120 surveys that were sent out responded (61.6% responded). 4. Overall Conclusions: The City Council may consider to modify the existing parking district based on the results : 1. Based upon the majority of apartment residents that responded that the signs on 22nd Street be removed, but that doesn't seem to be supported by the residents that actually have the signs infront of their homes. 2. The Council's Policy requires that each block be looked at individually and that at least 60% of the residents responding desire a parking district be established. Based upon this criteria only "B" Avenue between 21st and 22nd Street should be added to the parking district and it is recommended that this street be added. t In U z LLJ ExfarBxr TA"1 , , 2005 2015 2025 2031 1 0 P 2107 • 2113 12119 1934 cv .1940 1 r- 1933 1934 1 1936 . _ 1.. 1941 ; 1940 1 4 YES (40%) YES 2004 0 20141 20101 0 2020 NO * • 203211 NO 26•40 1. 6 YES (75Z) NO YES 2112 12125 2126 YES 2010 12021 NO *I 2029-33 2031 YES 2035 YES 2039 2107 YES 2113 YES NO* 2119 YES 2120 2125 YES YES 2126 12131 2132 2131 2137 ,71) 2138 1 , 2137 THIS AREA MAY BE ADDED SINCE IT MEETS THE CITY COUNCIL PARKING DISTRICT POLICY 1931 11935 2125 NO 1936 195.5 , o) — HESE 4 S A • DO N476g c • ir <1- i CN MEET 60Z RE§IDENTS , MINIMUM _REQUIREMENT SET FORTH BY THE CITY COUNCIL PARKING DISTRICZ_POLICY [ 2007 2009 , 2015 12017 2130 1 12131 1 • 1 2138 12137 i .. NO NO * — RESPONSE 2004 2140 12019 2035 12037 2039 RAWINT "H" City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: March 13, 2003 Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. It has also been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by A_pxi.L4. 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Adam J. da Assistant ivil Engineer Approved by: Stephen M irkpatrick Assistant D'rector of Public Works/ Engineering CHECK APPLICA i. LE A. [ ] I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [ ] I would like the permit parking signs removed from 22nd Street. C. [] I would like the permit parking district expanded as shown on the attached map. D. [ I I would like the permit parking district to remain as it is. Signature di—Resident/Property Owner Print Name Date Address vaa Recycted Paper Tip �aIs�i��4 prking(liSIri City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: 13 de Marzo de 2003 Residentes/Duenos RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residentes/Duenos: Se le a pedido a la Ciudad que cualquiera de las dos , ya sea las horas de estacionamiento el la Calle 22 en el "Residential Permit Parking District "A"", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. Tambien se ha pedido a la Ciudad por algunos residentes de la area que se extienda el "Permit Parking District" como se demuestra en el mapa adjunto. La Ciudad de National City esta haciendo un encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Si el districto se llegara a extender, solamente se le dara permisos a los residentes que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4 deAhril 20031 Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor flame al Sr. Adam Landa al telefono 619/336-4380. Prepayor: Adam J. La. Assistant Civil Engineer Approvedo por: 41,441, Stephen M. irkpatrick Assistant Director of Public Works/ Engineering IIN;I>IQUE SIJ ELECCION A. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm" en la Calle 22. B. [ ] Yo quisiera que los letreros del "Permit Parking" se quitaran de la Calle 22. C. [ ] Yo quisiera que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. D. [ ] Yo quisiera que el "Permit Parking District" se quedara como esta. Firma del Residents/DuenO Fecha Letra de Molde Al.:aaes Doinicilio Th L. mint' pmklnp dia6ciu NATIONA,_ SA BALL - BALL 111 pgrri.+VAVV#T4100$3 M., 4444....444$ =%44 *".34**1 44 ;."414 `;':'4+;$ 0 Ote4Y-W+#34.4 Arr is.rox-44•40-4t4r44.04:944**40. Aio,tv-4Y-#1 v 44+ Ov44.14:+4"4"1,4•4; •+44 • 444•44 , *);$4•4 44 ;4).$4-4•4 0+4.4++0 0+44 i t•-••-4141*+$4 F*40 4 ,444•440344014e& -,*-4••41•• ...e.4.._.•• 4. TWA, 4+74 *4 v4;4'44 ° Wb4P4+74**0 +41fr 4V4t, "44 414$4,4 $414441: $ 4*, ) .++$4•41• t• +, 41.411*A 44+4S 0 .4•4•• 4.4•0 444.*, 4:4*, $4.4. 4.._ .. 4.0 +44++ :#40*-.4.$4=.84;-",, /04•14"$+ IV++, +#1.+, "V $44, i I Ail,. AmmilawArimmorAir ....- AnwifferAlwAllr" • PROPOSED C-1-i-AkE FROM 700 AM TO o "9:010 AM ro 5:00 PM / THE PARKINGDISTRICT SIGNS ON 22N'D NATIONAL OR REMOVE PAR. APIs APIs APIs tvg Dismicr "A" ADJUSTMENT Au City of National City Department of Public Works 1243 National City Blvdo, National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: March 13, 2003 Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. It has also been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by .April 4,29_03, We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Pre dam J. La Assistant Cil Engineer Appro ved by: Stephen M. irkpatrick Assistant ' ector of Public Works/ Engineering CHECK APPLICABLE A. [ ] 1 want the permit parking district expanded. B. [ ] I would like the parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. C. [ ] [ would like the permit parking signs removed from 22nd Street D. [] I do not want to be added to the Parking District. Signature of Resident/Property Owner Date Address Print Name Al -a l City of National City Department of Public Works 1243 National City Blvd,, National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: 13 de Marzo de 2003 Residentes/Due os RE: RESIDENTIAL, PERMIT PARKING DISTRICT "A" SURVEY Atencion: Residentes/Duenos: Algunos residentes de la area han pedido a la Ciudad que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. Tambien se le a pedido que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten . La Ciudad de National City esta haciendo una encuesta para determinar si los duenos y los residentes de la area desean hacer los ajustes al "Permit Parking District". Si el districto se llegara a extender, solamento se le dara permisos a los residentes que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4 de Abril 2003. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al telefono 619/336-4380. Prep Adam J. Landa Assistant Civif Engineer INDIQUE SU EI,ECCION Approvado .or: Stephen M rkpatrick Assistant rector of Public Works/ Engineering A. [ ] Yo quisiera que se extendiera el districto. B. Li Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" a 9:00 am to 5:00 pm. en la calle 22. C. [ ] Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. D. [ ] Yo no quiero que se me incluya en el "Parking District." Firma del Kesi en e ueo de Propied i Fecha Letra de TV1otde Al:alus TTomtci lio U Uzi &Art FROM "7:0p AMTO r00:04t46- TO "9:00 AM TO 5:00 PM" TUE PA1ZKI1Jc Disrucr SIGNS ON 22ND sr. OR REMOVE PAR AVTS APT'S APTS Disnutr "A" ADJUSTMENT ( 3 4 t I I City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: March 13, 2003 Resident RE: RESIDENTIAL, PERMIT PARKING DISTRICT "A" Dear Resident: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determined if area property owners and residents desire such an adjustment of the Permit Parking District. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Prepared byrj � j� 7 /2 Approved by: Adam J. Land Assistant CivirEngineer Stephen M. rkpatrick Assistant D ector of PublicWorks/ Engineering CHECk APPLICABLE A. [] I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [ ] I would like the permit parking signs removed from 22nd Street. C. [ ] I would like the permit parking district to remain as it is. Signature of Resident/Property Owner Date Print Name Address £9) Recycled Paner City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: 13 de Marzo de 2003 Residente RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residente : Se le a pedido a la Ciudad que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. La Ciudad de National City esta haciendo una encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Por favor indique sus elecciones al final de esta carta, firmelay regresela antes del 4 de Abril 299 . Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias per su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al 619/336-4380. Approvado por: Adam J. da ' Stephen rkpatrick Assistant civil Engineer Assistant rector of Public Works/ Engineering 1NIIQUE SU ELECCIGN A. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm" en la Calle 22. B. [ ] Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. C. [ ] Yo quisiera que el "Permit Parking District" se quedara como esta_ Firma del Residentc/Dueno de Propiedad Letra de Molde Fecha Domrctlio Al..aptes >-U - -IK4L BALL COMM PROP. BALL BALL BALL RES. RES BALL L Li BALL >-- I 20th 21st PROPOSED Ci-fAi E "I aA LI TO "93,0 AM TO 5:00 PM OR REMOVE E PARKIN 'DISTRICT SINS ON 22N'D ST. NATIONAL BOULEVARD STREET P I, U STREET Li z Li ,<C 1- i Li EETENG City of National City, CaCalitorrita�,. COUNCIL AGENDA STATEMENT E March 18. 2003 GE[ DA @TE64 11 TRTLE STATUS REPORT REGARDING RESIDENTIAL PERMIT PARKING DISTRICT "A" PREP$, RED C;IF Stephen Kirkpatrick 336-4580 Er AE T6 ENT Public Works/Engineering EXPLAIATOON It has been requested that the City of National City consider expanding/contracting Residential Permit Parking District "A." It has also been requested that the permitted parking hours on 22"d Street within District "A" be altered. A survey has been distributed to area residents to gather their opinions about the proposed changes. It is hoped that the results of the survey will assist the City Council in making decisions regarding any changes to be implemented. Attached are copies of the three survey letters that have been sent out. Each letter is intended for a specific area in the overall area for which changes are proposed in accordance with Council direction at the last Public Hearing held on this issue. One letter is for property owners and residents within the current permit parking district, another is for the apartment residents that live immediately adjacent to the district, and the third is for residents in the proposed expanded parking district. Each letter is printed in English on one side and Spanish on the other. The survey letters request a response be returned to the City Public Works Department by April 4, 2003. The results will be compiled and a staff recommendation outlining any proposed changes will be brought back to City Council on April 15th for consideration. If at the April 15th meeting any changes are approved, a Resolution reflecting the direction will be on the May 6th agenda for adoption. Signs will installed/removed and permits will be issued as soon as possible thereafter. 'GU 6h�'�➢IfcmeGfltad Review X KIA Finaincrai Statetrnent Ap vowed a There is no budget impact as a result of this status report. Finance Director If changes are made to the district, the cost of the signs, permits, etc. will be absorbed in the existing Public Works budget. Account o, STAFF RECORME RATION Receive the report. SOAL E s CONMg SSMINI RECO v E A ROM N/A 2 ^k T C 111 "1EN a { r: G.st d SeNow ) ResoiLitiovi clo 1. Survey letter for property owners and residents within the current permit parking district. 2. Survey letter for apartment residents immediately adjacent to the permit parking district. 3. Survey letter for property owners and residents in the proposed expanded permit parking district. City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. It has also been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Prep r d Adam J. da Assistant ivil Engineer Approved by: ;1 Stephen M rkpatrick Assistant D.rector of Public Works/ Engineering CHECK APPLICA LE A. [ ] I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [] I would like the permit parking signs removed from 22nd Street. C. [] I would like the permit parking district expanded as shown on the attached map. D. [ ] I would like the permit parking district to remain as it is. Signature of Resident/Property Owner Date Print Name Address At.:aa Rcc v ci ed Pilper lc. c.sisiCLg parking disirirt n City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: Residentes/Duenos RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residentes/Duenos: Se le a pedido a la Ciudad que cualquiera de las dos , ya sea las horas de estacionamiento el la Calle 22 en el "Residential Permit Parking District "A"", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. Tambien se ha pedido a la Ciudad por algunos residentes de la area que se extienda el "Permit Parking District" como se demuestra en el mapa adjunto. La Ciudad de National City esta haciendo un encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Si el districto se Ilegara a extender, solamente se le dara permisos a los residentes que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4_de_Abri 00 . Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor Name al Sr. Adam Landa al telefono 619/336-4380. Prepay a¢ojor: Adam J. La Assistant Civil Engineer Approvedo por: 4011, Stephen M. irkpatrick Assistant Director of Public Works/ Engineering INi1:IQUE SU ELECCION [ ] Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm" en la Calle 22. B. [] Yo quisiera que los letreros del "Permit Parking" se quitaran de la Calle 22. C. [] Yo quisiera que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. Yo quisiera que el "Permit Parking District" se quedara como esta. A. D. [] Firma del Resid-ente!Dueno T ptro tip NArdri Feella Dotntci o BALL PROPOSED CWANCJE FROM "7:00 AM TO a TO "9.00 AM TO 5:00 PM' THE PARKINq visrgIcr SIGNS ON 22ND sr. NATIONAL OR REMOVE PAR- 24-th Avrs 1 tr#441"41S42•140;44431STRE K+4.14243 AM tki *?.41.04.4.14trisASSI FP alti VI- 4•-7,4•7 P4(444044 t4V.04444+3 03+4 IAA '0 4074.44 44*-4,0.0-44.4414•4444'W,r4v 4;4 CtsAt,++0•44m4v4•4to..4+.1...4:4444.44 e4, V ire,"44e+404001•4•74•4•40;+,404 r4.1*444+4".4..A4Note....414w0.4„,vi Aar tiV51+4;++ 14V0.4a$1"441,14, :EA 40 4.40J. A . 4.* • 4141. ?Pig 44;4444$44•41.4:+1 +74*V 10'4+40 ovor4.4iFrox*, ko.43•44. 6•443:44,.4y4t.A4 r#4;4/4•4+ r+4iiv4V4v0v4 *.s..4'4•A. teet.044.4t41.4•4 Afr 4484; 44.444 Wr•+,4• itf•••• .00 0$014'01•4•74•40, #44444,44 Ar ARP' AA APIs Aprs DIsnucr "A" A'DJUSTMENT U P City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident/Owner RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Dear Resident/Property Owners: It has been requested by some area residents that the Permit Parking District be expanded as shown on the attached map. It has also been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determine if area property owners and residents desire such adjustments of the Permit Parking District. If the District is expanded, permits will only be issued to residents that live within the district and there will be a $10.00 annual fee per household for the permit. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Pre Approved by: dam J. La s Stephen M. rkpatrick Assistant C +il Engineer Assistant ector of Public Works/ Engineering CHECK APPLICABLE A. [ ] I want the permit parking district expanded. B. [ ] I would like the parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. C. [ ] I would like the permit parking signs removed from 22nd Street D. [ ] I do not want to be added to the Parking District. Signature of Resident%Property Owner Print Name Al:al Date Address 1T. New Area RccY ded Paper City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: Residentes/Duenos RE: RESIDENTIAL, PERMIT PARKING DISTRICT "A" SURVEY Atencion: Residentes/Duenos: Algunos residentes de la area han pedido a la Ciudad que el "Permit Parking District" se extienda como to demuestra el mapa adjunto. Tambien se le a pedido que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten . La Ciudad de National City esta haciendo una encuesta para determinar si los duenos y los residentes de la area desean hacer los ajustes al "Permit Parking District". Si el districto se llegara a extender, solamento se le dara permisos a los residentes que vivan en el districto y se cobrara $10.00 anuales por el permiso. Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4 de Abril 2003 Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperation. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al telefono 619/336-4380. Prep Aram J. Land Assistant Civif Engineer INDIQUE SU ELECCItbN Approvado or: 041 Stephen M irkpatrick Assistant iti'rector of Public Works/ Engineering A. [ ] Yo quisiera que se extendiera el districto. B. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de "7:00 am to 7:00 pm" a 9:00 am to 5:00 pm. en la calle 22. C. [] Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. D. _ [ ] Yo no quiero que se me incluya en el "Parking District." Firma del Resid e7Dueno de Propiedad alra de Molde Al:5!es Fecha Isomtciiio ET) PROPOSED CRALTR OR REMOVE PAR. : I , "44 4.44, oo, to•+#44•4• #.44.: .0.#4.," tt+40+•44 W404sitAW,44 ar-twr44•'04•%•444w4.44;44:4:34..41,4 tor )04#4344$444"4.4040,440:40, ,..4%.4.4.1,441,+.4.04434.44)rewv 0,,,,,,A.4;4•41;+++144.4.0:004,104,4144 ct,...4.3.4+4,04.4.0,4.-4,044;+#4sm 04,4., 0 t.....4:4•4., 4•+.: A* a . 4 1 ig+++.1e44.1.14 Aar WM4441 _ 4 ws+44 i•-"4"ivr 0+, t4:4••.4+.4 4,-4*44 4.014tok • $4•44 -,r+yri• %re+, 440.1. ktittegto ':**41$4 r4•444v4v 1..$44.4.4t.0.4.....0 .404 Irl**7.0 •474**44.41*.+0**0;Pe4VA.4• . TO "9:00 AM ro 5:00 PM DISTRICT sIgNis ON 22N'D sr. Aprs 14,J DISTNICT "A" A'DJUST"MENT \ ICT A" 1 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: Resident RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" Dear Resident: It has been requested that either the restricted parking hours on 22nd Street within Residential Permit Parking District "A" be changed from the current "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm," or that the Permit Parking signs on 22nd be eliminated altogether. The City of National City is conducting a survey to determined if area property owners and residents desire such an adjustment of the Permit Parking District. Please mark your choices at the bottom of this letter and return it to us by April 4, 2003. We have enclosed an addressed envelope for your convenience. Thank you in advance for your response. If you have any questions, please call Adam J. Landa at 619/336-4380. Prepay Adam J. Land Assistant CiviEngineer Approved by: v't1 Stephen M. rkpatrick Assistant D ector of PublicWorks/ Engineering CHECK APPLICAt LE A. [ ] I would like the permit parking hours changed from "7:00 am to 7:00 pm" to "9:00 am to 5:00 pm" on 22nd Street. B. [ ] I would like the permit parking signs removed from 22nd Street. C, [ ] I would like the permit parking district to remain as it is. Signature of Resident/Property Owner Print Name Al ..ap Date Address 6) Recycled Paper City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Fecha: Residente RE: RESIDENTIAL PERMIT PARKING DISTRICT "A" SURVEY Querido Residente : Se le a pedido a la Ciudad que cualquiera de las dos, ya sea las horas de estacionamiento en la Calle 22 en el "Residential Permit Parking District "A", se cambien de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm", o que los letreros de la Calle 22 se quiten. La Ciudad de National City esta haciendo una encuesta para determinar si los duenos y los residentes de la area decean hacer los ajustes al "Permit Parking District". Por favor indique sus elecciones al final de esta carta, firmela y regresela antes del 4 de Abril 2043. Para su comodidad le hemos dado un sobre con estampilla para su uso. De antemano le damos las gracias por su cooperacion. Si tiene alguna pregunta por favor llame al Sr. Adam Landa al 619/336-4380. Preppxr d P Adam J. da Assistan civil Engineer Approvado por: Stephen Nl( )K.irkpatrick Assistant rector of Public Works/ Engineering INDIQUE SU ELECCION A. [ ] Yo quisiera que las horas de estacionamiento se cambiaran de de "7:00 am to 7:00 pm" a "9:00 am to 5:00 pm" en la Calle 22. B. [] Yo quisiera que los letreros de "Permit Parking" se quitaran de la Calle 22. C. [ ] Yo quisiera que el "Permit Parking District" se quedara como esta. Ffima del Residente/Duero de Propiedad Letra de Mold-e Fecha Domicilio ALap tea , -TALL BALL COMM PROP. BALL BALL BALL RES. RES BALL BALL U z U BALL 20th 21st Ui --D z IU STREET PROPOSED ciia E FWM "7-00 AWTO 1-0 <11 z Li OR REMOVE PAR Pnd To 9:0;10 AM To 5:00 PM E PARKIN DISTRICT SIGNS ON 22ND Sr. Aprs STREET c=) UJ U z APTS Aprs NG DIStRICT "A" ADJUSTMENT LiU z U ITEM # 16 4/15/03 Discussion of neighborhood councils in follow-up to Vision of National City's 10 Goals. (Council initiated) ITEM #17 4/15/03 The following was submitted by Councilman Natividad: A moratorium be placed on building penults for all but residential construction (except emergency, health & safety issues) except for the area between Roosevelt Ave. and Paradise Creek on the east, Wilson Ave. on the west, Civic Center Dr. on the north and 22nd Street on the south. This moratorium should remain in place until either a Specific Area Plan or a new Land Use Plan is prepared for the subject neighborhood and the Plan is reviewed by the residents, land owners and then presented to the Planning Commission and City Council for consideration. ITEM #18 4/15/03 Discussion of Environmental Commission and Filipino Affairs Commission (Council initiated) City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE April 15, 2003 AGENDA ITEM NO. 19 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE NATIONAL SCHOOL DISTRICT AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works 336-4580 EXPLANATION The National School District is requesting use of the Community Center on Monday June 2, 2003 from 5:45 until 8:45 pm. The School District is planning a student performance. They will be expecting 550 participants. Costs: Building: $351.78 Custodian: 156.38 Total: $452.31 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. Environmental Review X NIA Financial Statement Loss of $452.31 if waiver of fee is STAFF RECOMMENDAT roved. Approved Dyw Finance Director tilk gown r Council decision on use of theommunity Center and waier of fees. 411111.41111 BOARD / COMMISSION RECO ENDATION N/A ATTACHMENTS (Listed Below 1. Application for Use of the Community Center 2. National School District letter dated March 25, 2003 Account No, Resolution No. A -zoo (9/99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: Business Address: Name of Applicant: Address: Telephone Number: Type of Function: Date Requested: Decorating Time: Function Time: Clean up Time: Use of Kitchen: National School District - Fine Arts Progyam 1500 N Avenue National City, CA 91950 Katie Filzenger 1500 N Avenue National City, CA 91950 day (61§ 336-7742 evening ( ) NA Student Performance Monday, June 2, 2003 5:45 p.m. (am/pm) to 6.30 p.m. 8:30 p.m. no x yes Number of Participants: 550 ROOMS (am/pm) to (am/pm) to 6:30 p.m. (access for If yes, Time: N" + S R•30 p.m (am/pm) (am/pm) 8:45 p.m. (am/pm) making coffee only, we will furnish (am/pm) to (am/pm)materials and equipment.) Will Admission be charged? no If yes, Amount $ Will this be a fund raising event? no Will alcohol be served? no If yes, ABC Permit Submitted? Certificate of Insurance attached? no Special configuration of tables or chairs required? yes If yes, attach sketch. Special equipment required? yes If yes, attach list. Stationary microphone and stage Copy of Rules & Regulations provided?yes Initials Certificate of insurance attached? no How many times in the last two years have you used the Community Center? 4 If applicable, how much did you pay for building and/or custodial fees? $140.00 (once) for special set up of stage (it was moved to the south end of the two rooms, since we use both N + S). I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant maybe subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.. of e Revenue and Taxation Code against Applicant's possessory interest in the City's facifi ,p /0 Date Signature of Applicant rev.02/03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization National School District Person in charge of activity Address 1500 N Avenue Katie Filzenger Telephone 336-7747 or 336-776O(Connie) City facilities and/or property requested Martin Luther King Jr. Community Center Date(s) of use June 2, 2003 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Certificate of Insurance Approved by Director of Special Education 03/12/03 Official Title Date Name and Title rev. 02/03 NATIONAL SCHOOL DISTRICT 1500 N AVENUE , NATIONAL CITY, CA 91950 0 (619) 336-7500 FAX (619) 336-7505 March 25, 2003 Members of the National City Council: The National School District Music Program will be using the Martin Luther King Jr.Community Center the evening of June 2, 2003 for the purpose of a parent perfoiivance. We request a waiver of fees for this occasion. Sincerely, Katie Filzenger Director, Special Education BOARD MEMBERS: ROSALIE "ROSIE" ALVARADO; ANNE L. CAMPBELL; CECILIA GARCIA-KIRK; ALMA GRAHAM; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES:. ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 15, 2003 20 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — COUNCIL OF FILIPINO ORGANIZATIONS- PHILIPPINE FAIRE AND PARADE , Claudia Caro, Permit Tech. 336-4210 Building and Safety PREPARED BY DEPARTMENT This is a request from the Council of Filipino Organizations to conduct a parade & a free EXPLAMMANy concert/faire. The community concert/faire will be held on Saturday, June 7 and Sunday, 8, 2003 from 10:00 a.m. until 8:00 p.m. in Kimball Park. The concert/faire will consist of a singing and cultural show. There will also be commercial booths and food booths. The Council of Filipino Organizations is requesting the use of the City's stage and chairs. A large canopy will cover the chairs. City Council Policy No. 704 limits the number of events that can be held in Kimball Park to one every six weeks. Previously scheduled events include the Maytime Band Review on May 3`d and the 4th of July carnival. The Parks Department does not recommend this event. Per the City Council Policy, the Council can approve additional events in Kimball Park. The parade will be held on Sunday, June 8, 2003 from 8:00 a.m. until 12:30 p.m. on Highland Ave. It will start and end on East 12`h St at the Community Development Center parking lot. They are requesting that Highland Ave from Plaza Blvd to East 16th Street be closed for the parade from 8:00 a.m. until 12:00 p.m. and that 12' St. between A and D be closed from 8:00 a.m. until 12:00 p.m. In addition, they are requesting that D, 16`h and Plaza be closed during the parade (see attached parade route). A waiver of all fees is requested. The event and sponsoring organization meet the criteria in City Council Environmental Review X N/A Financial Statement The City has incurred $263 in costs for processing the T.U.P. through various City departments. In addition, the cost of the event to the City totals $5,585.68: $1,000 for Parks & Rec. Department, $2,664.68 for Public Works and $1,921.00 for the Police Department. The costs will exceed their $5,000 funding by $585.68. Account No, STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with ail Conditions of Approval, approve the waiver of the processing fees and provide direction on the waiver of the remaining $585.68. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Council of Filipino Organizations EVENT: Parade and Community Concert DATE OF EVENT: June 7-8, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x PARKS & REC. YES [ ] NO [x ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] (SD County Health Dept., NC Transit and SD Transit have been notified via fax on 3/6/03) CONDITIONS OF APPROVAL: FIRE 336-4550 1. No Fire Department access is to be blocked at any time during this event. 2. No fire hydrants or standpipe connections shall be blocked. 3. The sizes of the canopies described, individually, do not require a permit. However, to avoid the need for a permit, there shall be spacing of at least 12 feet between each canopy. 4. There shall be NO cooking that produces grease ladened vapors directly under any canopy. 5. There shall be a fire extinguisher available at each cooking booth. 6. Cans, which clearly state, "for hot coal disposal only" shall be provided and used by any charcoal grill users. PARKS & REC. 336-4290 1. There is a City policy that limits events in the park. 6 weeks between special events, Maytime Band Review on May 3`d and 4th of July event. 2. Time is needed between events to rehab the lawn areas. 3. Security is needed for the stage overnight. 4. Overtime for set-up and break down of stage $1,000 overtime. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. One million dollars for auto liability insurance including non owned and hired auto. 3. That the City of National City and its officials, employees, agents and volunteers be named as additional insureds on all policies. 4. Execute standard hold harmless with the City of National City. (Executed) FINANCE 336-4330 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. 3. Vendors currently licensed by the City may operate on their existing license. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. PUBLIC WORKS 336-4580 1. Public Works will post "No Parking" signs prior to parade and supply crews with barricades to assist P.D. with street closures during parade cost $1740.68 2. Facilities to provide up to 300 chairs drop off at Kimball Park on June 7th at 8:00 a.m. and pickup June 81h at 8:30 p.m. 3. Cost of chair rental $600 4. Cost of labor overtime $324 (2 men. 3 hours) 5. Provide security for chairs left out at night. 6. Total costs to Public works $924.00 ENGINEERING 336-4580 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of construction site in the vicinity of the activity, please call Charles at (619) 336-4380 POLICE 336-4400 1. Police Department will provide reserve Police Officers, Explorer Scouts and Senior Volunteers to assist with traffic control on day of parade. 2. Two Police Officers should be assigned on overtime to police faire on both days, 10 hours each shift at Kimball Park. 3. Police cost analysis: a. 4 Police officers x 40 hours @ $48.04 per hour b. Total $1,921.60 4. Parade route is acceptable. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and the Parking Authority of the City of National City and their officials, employees, agents and volunteers as additional insureds, with the amounts of coverage to be determined by the Risk Manager. 9094616872 1 J J PHILIPPII` ES INDEPENDENCE DAY PARADE, SUNDAY, JUNE 2003 PARADE ROUTE L PLAN A— 1.5 MILE P L A Z A B L V D -41 HIGHLAND AVENUE D AVENUE itMemedy COMMUNITY DEVELOPMENT PARKING NATIONAL CITY BLVD 1 6 T H S T Type of Event: _ Public Concert Fair Parade _ Demonstration Motion Picture _ Grand Opening Festival Circus Other Event Title: PILIT,JPPTN.E..FATRE ANT) PARADE 7003 Event Location: KTMRAT.T, pAyw Event Date(s): From 6 7 03 t0 6 8 03 Month/Day/Year K-Community Event Block Party Total Anticipated Attendance: , 1500 E ,r / 7 / �, ( toy participants) - (13oo Spectators) Actual Event Hours: in amiprit to t3 aaa/pm Setup/assembly/construction Date: 6-6-03 Starttime: 1 • nn PM Please describe the scope of your setup/assembly work (specific details):t -„pm of portable stage; 300 chairs in front covered with 360 ft. canopy: 50 or more canopies sizes 10x10. 10x70 R,70x70: portable toilet. Dismantle Date: 6 8-03 Completion Time: 12 : 00 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. The. parade will be held on Sunday, -Juno 8 from 8100 AM to root, D Avcnuc, 16th Strcct, Highland Sponsoring Organization: Council of Philipp ni e American OrgF.orProfit '/Not -for -Profit Chief Officer of Organization (Name) AURORA S. CUDAT„ PRESIDENT Applicant(Name): AURORA S. CI -MAT,/ PRT(' F..RTf KSON 53), Address:$ E Avenue. National City, CA O1()SO Daytime Phone: (61 ti 7oft-7341Evening Phone: (61 c) 46n-3783Fax:40Q) 461-01 S4 Contact Person "on site" day of the event: ERIC ERTCKSON/ CONNTE T.F.VVA Pager/Cellular: (76 ) 743" 27g8 E lAc-", (4092 461 .. o/s'F CCunn7r NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR HE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 7 fw 4009) %t( bq(0 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): -c YES _ NO — YES NO $ 1$18 , 000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 12,nnn $ n Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. This 2-day event includes] but not limited to, presentation of cultural dances, Filipino American singing talents; the parade will consist of floats, cars , marching band, and commercial & food booths. Refreshments will be serve to VIP guests at the Hospitality booth. Raffles & Award presentation. d Supervisors, State Assembly & United States Coticd-rP55° Thr, L arrlo rntito i s hprpuri th attarl�prl _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES NO Does the event involve the sale or use of alcoholic beverages? _x YES NO Will items or services be sold at the event? If yes, please describe: snacks , refreshments, non-alcoholic drinks. snuvPnir itams YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES — NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number oftent/canopies 30+ Sizes 1Ox10/10x2Q/20x20 NOTE: A separate Fire Department permit is required for tents or canopies. g YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: ed y by e wed and duly authorized food vendors with Health Permits. If you intend to cook food in the event area please specify the method: X GAS x ELECTRIC x CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 6 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 20 Trash containers with lids: 1 is rgP bin (EDCO ) Describe your plan for clean-up and removal of waste and garbage during and after the event: Clean-up Committee with 2 paid rlean-up crew; ?n r1r-nn volunteers; EDCO will provide trash dumpster and final pick-up. 3 Please describe your procedures for both Crowd Control and Internal Security: # ) 30 trained volunteers with walkie-talkies will take charge of crowd control during the parade with the assistance of the Committee On Crowd Control & Security. Private security will a1 % beNbir'�v� yoMPAWPrtfAsiRtilrsiaiVMaril a & to drItKiMur ty PD — arrangements for this event? If YES, please list: Security Organization: to be arranged Security Organization Address: Security Director (Name): Phone: _ YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: DAY EVENT Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Volunteer Filipino American nurses and doctors (5 RN/2 MD) will be available at the First Aid Booth. Please describe your Accessibility Plan for access at your event by individuals with disabilities: parking spares & will leave access to tbe Fife Grounds. Please provide a detailed description of your PARKING plan: The sill -rounding areas arohin Kimball Park will, be uti 1 j 7 Pd as parking space. Please describe your plan for DISABLED PARKING: in Ila_ _tlr.6, ppr1 p,n_rlCi ng will he rP4PrVPd . Please describe your plans to notify all residents, businesses and churches impacted by the event: local papers. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _x YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: Ethnic' music/ja7.7/mnrlern nujs_tc- YES NO Will sound amplification be used? If YES, please indicate: Start time: 10 : 00 am/pm Finish Time 6 : 30 am/pm YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: g.0 am/'pm Finish Time 10:00 am/pm Please describe the sound equipment that will be used for your event: 800 watts cpcakcrc, enough of 400 sg. ft. YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: g YES — NO Any signs, banners, decorations, special lighting? If YES, please describe: Signe & banners will he inst-a11ed at the entranre of the venue, dpcnratinna & bunfingq will hA in'talled at the stage. Revised 10/3/01 5 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Ia e eceive Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? __ Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization COUNCIL OF PHILIPPINE AMERICAN ORGANIZATIONS OF SAN DIEGO COUNTY. INC. (COPAO) Type of Organization SPrvi rP f r•nmmnni fy naval opmPnt orj (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) x No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. x No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. pnnd k qnlivranir items vendors will increase their income/promote their business and generate sales tax. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? x Yes (Please provide an explanation and details. Ti- wi 1 1 prnvidP in -kind dirpr't hanafit by prmmnting cultural a wa rcumPQQ %.. pnti vP family val„Pc Prrwanti nn of high -risk behaviors among young poops No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) -A Signature 7- 03 Date 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization COTTNCTT, OF. PHTT,TPPTNF. AMPPTCAN QP JI7k 'LO S OF SAN DIEGO COUNTY, INC. (COPAo) Person in Charge of Activity AURORA S. CUDAL. PRESIDENT Address AR2 R Avamia, National City, rA 9L 50 Telephone (61 9) 7na-7141 Date(s) of Use ,T,u,p 7 s• 8 , 2_003 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. a-. Signature of Applicant PRESTDENT 2/7/03 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 aiEETING DATE 21 AGENDA ITEM NO. ITEM TITLETEMPORARY USE PERMIT - COUNCIL OF PHILIPPINE ORGANIZATIONS -PRAYER SERVICE FOR TROOPS IN IRAQ PREPARED Iifaudia Caro, Permit Tech. 336130244RTMENT EXPLANATION Building and Safety This is a request from Council of Philippine Organizations to conduct a prayer service for the troops and POW's in Iraq at Kimball Bowl from 4:00 p.m. to 7:30 p.m. on Sunday, April 27, 2003. They are requesting use of the City sound system. No food or beverages will be sold or provided. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $199.00 in costs in processing the T.U.P. application through various City Departments and $130.00 in Parks & Rec. costs. Total cost $329.00 Account STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Eeiow ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: Council of Philippine Organizations DATES OF ACTIVITY: Sunday, April 27, 2003 LOCATION OF ACTIVITY: Kimball Bowl TIME: 4:00 p.m. to 7:30 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[x] RISK MANAGER YES [ x ] NO [ ] SEE COMMENTS[x] CITY ATTORNEY YES [ x ] NO [ ] SEE COMMENTS[x] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] PARKS & REC YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. No emergency access is to be blocked during this event. 2. No fire hydrants or other fire service connections are to be blocked. PARKS AND REC (336-4290) 1. Event will require overtime for the P.A. system 2. Total cost $130.00 CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds with the amounts of coverage to be determined by the Risk Manager. RISK MANAGER 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and it's officials, employees, agents and volunteers as additional insureds on above policy. 3. Standard hold harmless signed. (Done) POLICE (336-4543) 1. Based on the information provided and the number of participants expected, this event will not impact adjacent streets or residential area in regards to traffic or pedestrians. 2. No Police units were requested and none will be assigned. 3. The patrol division will be notified of the event and extra patrol of the area will be requested. Type of Event: Public Concert Parade Motion Picture Event Title: Fair Festival Demonstration Circus Grand Opening Other Community Event Block Party e -Toe tle2s Event Location: `/n i l Pahl". £01,) w �f Event Date(s). From 017 to___Vp7Total Anticipated Attendance: nth/Day/Ye Participants) (_v ( i0 Spectators) Actual Event Hours: am90 % JO am Setup/assembly/construction Date:%T J Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 7I j'!i Completion Time: 7 •ram am List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. re /r Sponsoring Organization: Chief Officer of Organize oh Applicant (Name): Ma e £-P % Address: / / %%t--e ./ ere-- 6 / a>/ o yr7s Daytime Phone: (WI)(Oa e' q(Evening C�"�" Phone: ( ) if�77— 37 __F�agx: ( ' S? ( Contact Personn`on site" day of the event: MairC ? /`Lee J / A/ ' I Email Pager/Cellular: (t2f 1/ � 2� (:)i7 /A NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? V YES NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES R NO $ Estimated Gross Receipts including ticket, prdduc't and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. J N YES kl0 If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES I, NO Does the event involve the sale or use of alcoholic beverages? ,../) ___ALYES NO Will items or services be sold at the event? If yes, please describe:2 YES \NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES .NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES \LNO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes 7YES NOTE: A separate Fire Department permit is required for tents or canopies. NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagrarrj showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Ga ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: as. If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades s. Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures D. Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: f �^ f le) G mil^ g/% a/ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: YES Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. //4142a-ket Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please rovide a detailed descr ption of your P 4g KING plan: r6tYm i e..f ( 1i✓ri14 Please descrit'P���els/e-z1 pJan for IS M /� S p 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: rs t /( el/sir/ha-kJ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES (NO A hemusical entertainment features related to your event? If YES, please tate the number of stages, number of bands and type of music. Number of Stages: 17 Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: 27:am/Finish Time 7: a pm YES`/ NO Will sound checks be conducted prior to the event? If YES, please indicate: Number of Bands: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES N✓ O Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. � Organization 6, j2/ 3 4 3 E1 Jan Di ej-i7 C'o , 5 . Person in Charge of Activity ihkof.z -e- LS-lerm../ Address 13 1 v�e nba., Na f, C C fl g 1 S—t) Telephone to0) #•77-37A2" Date(s) of Use 21~ 2 6 3 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant 1 resi t.e riL Official Title ve.12 Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Na a of the sponso;ing organization ( -Out eti Type of Organization (Service Club, Church, Social Service :' e 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) ter: l%No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. �v1 No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city A government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Communit Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 15, 2003 22 AGENDA ITEM NO. (-ITEM TITLE PREPARED BY This is a request from Fern Street Community Arts to host a non- animal, theatrical circus EXPLANATION at Kimball Park on Saturday, April 26, 2003 from 2 p.m. until 4 p.m. This event consists of physical acts such as juggling, tumbling, trampoline, trapeze, clowns and specialty acts. Snacks will be sold such as chips and snow cones. This is a free event to the community. Bleachers will be set-up around a 35' diameter ring. The set consists of the ring, a 30' high aerial rigging, a bandstand and backdrops. Per City Council Policy No. 704, events at Kimball Park must be scheduled at least 6 weeks apart and this event is only one week before the previously scheduled Maytime Band Review. The Parks Department approves of the event because it only lasts two hours. Per the Policy, the City Council can approve additional events that do not comply with the policy. The applicant is requesting a waiver of fees. The applicant and the event qualify for a waiver pursuant to City Council Policy No. 704. TEMPORARY USE PERMIT — FERN STREET COMMUNITY ARTS - CIRCUS Claudia Caro, Permit Tech ER'"a-1MIAENT Building and Safety Environmental Review N/A Financial Statement The City has incurred $263.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of $285 in fees. BOARD P COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Fern Street Community Arts EVENT: Fern Street Circus DATE OF EVENT: April 26, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PARKS & REC. YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ xl NO [ ] SEE CONDITIONS (x 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. No Fire Department access shall be blocked at any time in any way. 2. No Fire Department connections, FDC's, fire hydrants, sprinkler risers, etc. shall be blocked. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. PARKS & REC. (336-4290) 1. Event will need electrical power. 2. There is a City policy that limits event in the parks to 6 weeks between special events. Maytime band will be on May 3`d this year. 3. Fern Street Circus will only be a one day event, this will only be a 1 day event so this will not effect Maytime Band. RISK MANAGER (336-4240) 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and its officials, employees, agents and volunteers as additional insured on the policy. 3. Standard hold harmless signed (Done) CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured, with amounts of coverage to be determined by the Risk Manager. Type of Event: Public Concert Parade — Motion Picture Fair _ Demonstration Grand Opening $,4 Festival "E Circus Other Event Title: 1 St,►4 OJT-grt='I- ai A C u S Community Event Block Party. Event Location: A kK - Event Date(s): From. Month/Day/Year Actual Event Hours: 2,, am Total Anticipated Attendance: amen Setup/assembly/construction Date: 4 2 4"c .Start time: e aWI 132.0 ( 2..0 Participants) (500 Spectators) Please describe the scope of your setup/assembly work (specific details): Set'vr tebpi'lavtLG c> eeth C 351 a;0.,&►f.tmcr TiA t, Aerial f•ii 4 1 banoi- LQ,Adi baCSActs?a ge tisa ii-164L) L' 5614ivv-vt Clf ea.: 5 6--ymo Lka. �1)eY. Dismantle Date: q'-46'O3 Completion Time: G aria List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening011A Sponsoring Organization: F .lkY1) `3TRee C©NIplus ITy A For Profit xNot -for -Profit Chief Officer of Organization (Name) HN H 1€ 1K /f4 Applicant (Name): A a Filtpaht Address: 'OX (0 alc5(94 w i' t9 i L��° (i 612. /'+�) Daytime Phone: Kg) 2' 'ef7A6 Evening Phone: () 14 7'43/4 Fax: (bl% Contact Person "on site" d y of the event: �{€ E`�t !ft I £c..U:6441-1.51-?.i j ago /t - ,� 1O Pager/Cellular: NOTE: THIS PERSO MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS t Is your organization a "Tax Exempt, nonprofit' organization? g YES \ Are admission, entry, vendor or participant fees required? h YES _ NO G If YES, please explain the purpose and provide amount(s): ! R.6 C ► C V.5 S H av) 0305 yv,i;�i�n o c;.ryiQi %orhoo $ 2 () C Estimated Gross Receipts including ticket, product and sponsor hi s Ies from this event. (Le/0at`�tovv 6� C.enTA 641 Li°�� ITr�hIt- ItC6"-'tV $ 1 6 ( Estimated Expenses for this event. NO $1 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? i' a , y�,�4, vw�wu�s MN4"C4. `4 Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. t �rl�t S-Lreet G` rO t 5 a to l - aoi Ala 1, t h exatr i cok C (FL-uS lire, rr n (rwv 'IrP, o va re slow -Fof-rriat Veo L-1-(nil f oLiG i cci L GIGS Li 1 i. si. t 1(n, -,ugh i Yil, L ra wooLi o a riaei dOtAMivt av►c\ 5Fe(.iaL w,--cThe-re are 0o woo c or I<oV►ieccaVliCaL aCe.Poi 0�r tirli.,;ic MCI:'-U Si,v>n i5 prod br,{ cererac-We iNoot e, r • 62 ' i vS r K1 #'� / w; L r\DLzkre,«t)o ems` i orkc w [ LI, co6s4-5 aT t Xa i T--I'vCi SIdi U � { ,E7r(4! c i �S - SWOU\i cOi/teS (A ILL q Lso 17e�Y d i ()KI 5 i to . i �kk Cnti1-,oiy\ -: m I L he r-o ; Cie. ,i��i�?vP i o'o'te, ' cc ( exie l!1 l- . YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES Y. NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: Ala; � e / th j[a(C9 `t'N t ` ,tito i,t,) C.01, e--)1 f _ YES - NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES f NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X-NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: it.ev poir'-" .1.�-Y t I � 5o C& I ki tf Sh tA) cdHZS rqa,tr. on sife If you intend to cook food in the event area please specify the method: A.144 GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Te4k ' ; N ezvek, > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: ' Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: N44) S112.6ef PAN) CA, \fbliota"tr-) 1,)4L` h sVre Veen. dealte: VElp3 (yr_ i► ( `hl, o' t-�'v-GwS tt S, Please describe your procedures for both Crowd Control and �I,nternal Security: Bie,�t'5 �POV1�L 6®cVs her (too r 5J+rfc*k . 1l0 +IvoL�C ta5eca! tan fatec — �� 1 CJm,w�:iy cot i e. YES — NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: 1-4.71 Itfla TiAC . (f f(,il`S 4664. Security Organization Address: IIJJUU Security Director (Name): Phone: _ YES /`ENO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access1at your.. event by individuals with disabilities: i rya `i a 7t cc.e�. 1 bl1 b1� G.JId1`1Q o*J..6 ib9. +ke. /./4''. 1,04telc./44t'v efa',c,t, - , t k. ,� f-1 -to Id eA-: r. v4N PI ase provide a detailedL descriptiontof your PARKING plan: W �+' i Mv'1 hi W1 F7U�,11 Pectic ea.v 4 rt Please describe your pl nn for QISABLED PARKING: %t LI.1'.3T l tl?t ['�orw h Lt !, Iv % Please describe your plans to notify all residents, businesses and churches impacted by the event: t1cticQS v\hLL he, distri ,.t -c area ir-e-s'vie NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ... It i 1 r}i _:rl{ �l1 „ d 4 4. ail fli'-4 4N I YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: 1 Type of Music: A CCO Ylrf i'Mtivve,rb1 d'rLjImo )(YES NO Will sound amplification be used? If YES, please indicate: Start time: arr pm Finish Time A are) YES NO Will sound checks be conducted prior to the event? If YES, please indicate: YES Start time: I aml m) Finish Time 1 30 arTI6 Please describe the sound equipment that will be used for your event: 13-t1 .5Ktyletsj diolin,kt 601_.14),6..55 uii-atr, ram,°) NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES$ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 for Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organizationA� F ' a Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide anexplanation and details. o- k No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Y- e No (P lease sign the form and submit it with the TUP Application) Signature Date 9 Musicians Bandstand (12' x14') Bleachers (15'Lx10'W) Golden Hill Rec. Center has 2 easily moved sections 1 very heavy section Ring Curb (35' dia.) Backstage Set (Van & Trailer provide fra • orback...$) \ Aerial \ Rigging (30'hx14'w Sound Booth Tightwire / (40' w, ground p . t.. pt.) / Technical Needs Area (approx.): 100' L X 80'W Grass preferred • Flat surface Electricity preferred (household current); we do have generators Stakes (for aerial and tighwire riggings): 10-12 Fern Street Provides To Be Rented P.A. System & Operator Bleachers Full Set • Aerial and other riggings All Necessary Crew uy Lines (aerial rigging) Fern Street Circus Parks Set for 2003 Scale Very Approx.: 1/16" = 1' Fern Street Circus: Event Description Fern Street Circus is a non -animal, theatrical circus dedicated to serving neighborhoods across San Diego County with professional entertainment as a means of community building. This is the principal project of Fern Street Community Arts, Inc., a 501 (c)(3) California not -for -profit corporation. Each year Fern Street Circus creates an original narrative show, self -produced in Balboa Park for two weeks around Memorial Day. The show plays in neighborhoods before and after Balboa Park, with expenses met by either a contracting agency (e.g., a street fair) or through grants secured by Fern Street Community Arts. In 2003, there will be shows in National City, Barrio Logan and City Heights prior to Balboa Park, and Golden Hill and Anaheim afterwards. Other neighborhoods may be added. Set Up. Though a hybrid closer to theater than large-scale, traditional circus, Fern Street Circus performs in a ring outdoors. We do not use a tent or any walls when performing in neighborhood parks. Audience is seated around the 35' diameter ring. In some venues we arrange bleacher rental (usually 5 5-row sets), with a 10' wide infield so that kids and families can sit on the ground right up to the ring. In this configuration, with ground and bleacher seating, we can accomodate up to 600 people. When we expect smaller crowds, audiences are seated only on the grass around the ring curb. The set consists of the ring, a 30' high aerial rigging, a bandstand for 5-piece band and backdrops attached to a 1984 Ford Econoline van with 12' trailer. Back stage is set up behind the van and trailer. Depending on the natural seclusion of the backstage or not, we may use plastic construction fencing to define and secure the backstage area. The performance is a variety show format, featuring physical acts like juggling, tumbling, trampoline, trapeze, clowning and specialty acts (e.g., traditional Mexican -American trick roping). There are no animals and no mechanical acts. All are low -tech and safe. Power for the band and p.a. system is provided by a generator (Costco-type portable). When possible, we prefer to use electricity on site --it is much quieter. The aerial rigging and tight -wire (5' off the ground) need staking. The latter requiring up to 10 stakes and the latter up to 6. Stakes go in at most 30". We work with park officials to determine irrigation lines and then stay away from them. INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: FERN STREET COMMUNITY ARTS INC PO BOX 621004 SAN DIEGO, CA 92162 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 33-0589443 DLN: 600294044 Contact Person: DAVID V SCIAN ID# 31369 Contact Telephone Number: (877) 829-5500 Our Letter Dated: December 1993 Addendum Applies: No This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax -Exempt Status for Your Organization, or you may call our toll free number shown above. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Letter 1050 (DO/CG) -2- FERN STREET COMMUNITY ARTS INC Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, IOWp T. miller Steven T. Miller Director, Exempt Organizations Letter 1050 (DO/CG) City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization N Person in Charge of Activity Address ) { Telephone (A ,._ ,,'FIt bic4rl Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agints, employees or contractors. Signature of ,A'pplicant°` Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 MEETING DATE AGENDA ITEM NO. 23 (-ITEM TITLE TEMPORARY USE PERMIT —SWEETWATER TOWN & COUNTRY MERCHANTS ASSOC.-EASTER EGG HUNT PREPARED BY Claudia Claudia Caro, Permit Tech. 3 ((,, EP44 0TMENT Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to conduct an Easter Egg Hunt from 11:00 a.m. to 3:00 p.m. on April 19, 2003. The event will be held on the shopping center parking lot. The Easter egg hunt will begin at 11:30 a.m. The Easter eggs will be hidden in the grass of the parking lot. The free event will also consist of clowns doing face painting, balloons, painting Easter hats, pony rides and an Easter hat contest where the children can win prizes. No food or beverages will be served or sold. There will also be Arts & Crafts vendors. The Association will setup 2 tables for the prizes. They are also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested but not recommended. Environmental Review N/A Fume* § IR$111.00 in costs in processing the T.U.P. application through various City Departments. STAFF RECOMMENDATION Account No. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and deny the request for waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, April 19, 2003 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 11:00 a.m. to 3:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[ ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. No Fire Department access shall be blocked at any time during the event. 2. No fire hydrants, FDC's, or sprinkler connections are to be obstructed in any way. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. If vendors will be present on this event, a Business License is required for each participating vendor. A list of all approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department. ' J ti V - r 11- 7-1iiNYQ1)nw_-- u ^,�, « -� V TR-ChtiT >1 cATQ,NeS 62AAS3 SECIpMI iORI 63 rt. SIMS ACMES ISP16 26I11 Sart, /y=US 'MOJ VEM A I.IPCSL R. Y.OACRE= Y IL SWTSaIA SELTCMI =Daenrr4-I, .ya TOMeassemwA, males l y4004 DC lmo SECTION 1. nu SEcno-l• Sr CAM WT4 PAMING11.123 La um I611:99?WV 611:1= II41MMofmNAIaA ME IIEKUOMFA wo0.1"CI uau TO346L4 MN. mom sal. o.II Sal. zma tart l;-iw.l,m I,krr ..2y l',4�� STATE POUT SITE PLAN SWEETWATER TOWN & COUNTRY Type of Event: _ Public Concert Parade Motion Picture Event Title: Event Location: Event Date(s): From �!7'Qjto —� Total Anticipated Attendance: 6,j� Month?Day/Year (f (Participants) I (/61c) Spectators) // Actual Event Hours: /pm to ,.'0(9 am/pm Setup/assembly/construction Date: //49—‘01 Start time: ?WO') - Fair Festival _ Community Event Demonstration Circus Block Pa Grand Opening Other '5 gg °-r 6 1�+ '45 R 6-d(;/-Ili Please describe the scope of your setup/assembly work (specific details): __ __ j ,.el de-aft-94=-7-4,0-) aibto VV. JeLia 6,19/1/22., ‘ a/AO (219(6) ,td0�' dft- 40.6,,,,,e4 • # isman le Date:1� o lef ime: 5a06 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organizationni�y(Name) !/) ft Applicant (Name):�y4/ ,,c-�vie/ / i 1e p J Address: ' / E// f - 6L�/L/`�•�,`E(J�`cog—E z �--(J I�r Daytime Phone: (&1 `t-7`i�`�`69Evening Phone:) ` 7 / $Fax: For Profit Not -for -Profit W l to9-1EK wn C onik floc PQ1'c 4 Contact Person "on site" day of the event: l% t < 4 Pager/Cellular: /J/4 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 19 1 t9',aCZCi� Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? YES _ NO If YS, please explain the purpose and provide amount(s): -k +S An Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ I cc) What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? triN Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent m matio�? about the event. (� It C 1'\Ax ti ai_�. L �19 P 1Vt, �� oy-1 ,.i I 1J 1 1 ± h rt lam, ai L C�. _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map T� showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES .ANO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) �r Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: way, tkallask>�� Please describe your procedures for both Crowd Control and Internal Security: thit YES XNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES y NO Is this a night event? If YES, please state how the event and surrounding area f' will be illuminated to ensure safety of the participants and spectators: Please in icat� wFtat as ment you ave .de for providi g First Aid Staffing and Equipm ant rJYI�, Li` L- Ja. Pleas describe your Accessibilit P n for acc sit your event by individuals with disabilities; Ple��e provide a detailed des��ion of you�RK G plan: ry/ � � /,' tl Please describe your plan for DISABLED PARKING: 4 ,.ems f0,6,„11/1 �. fite2,Likaefr-t -.tit E Pot tb, Please describe your plans to notify all residents, businesses and churches impacted by the event: (641.4 tem NOTE: Neighborhood residents must be notified 72 houts in advance when events are scheduled in the City parks. YES %(NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: A ►' Y27o 071, 7-2, x) Revised 10/3/01 5 For Office Use OnC'y Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No `Dote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the spookoring organization(OWYLE_ Type of Organization ealte.- )4Pt1)-&L QtO(l (Service Club, Church, Social Service Agency, etc.) G 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) iC No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. A.)/4 No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. XNo (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) it, a_ ignature I4-03 Date 9 City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 MEETING DATE AGENDA ITEM NO. 24 (-ITEM TITLE TEMPORARY USE PERMIT —JOLLIBEE- "KIDS SHOULD BEE HAPPY" PREPARED BYClaudia Caro, Permit Tech. 3Aii7rMENT Building and Safety EXPLANATION This is a request from Jollibee Restaurant to conduct an Easter Egg Hunt for its customers from 10:00 a.m. to 5:00 p.m. on Sunday, April 20, 2003. The event will be held at the shopping center parking lot. There will be two Easter egg hunts one will begin at 11:00 a.m. and the other at 2:00 p.m. Easter eggs will be hidden in the grass of the parking lot. The Jollibee mascot will pose with customers at the free event. No food or beverages will be served or sold. They are requesting permission to hang 1 banner at the entrance to the restaurant. Environmental Review N/A Financial Statement The City has incurred $136.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A -zoo (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Jollibee Restaurant DATES OF ACTIVITY: Sunday, April 20, 2003 LOCATION OF ACTIVITY: 1401 E. Plaza Blvd. Shopping Center Parking Lot TIME: 10:00 a.m. to 5:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[ ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. No Fire Department access shall be blocked at any time during the event. r•1F;•R-26-03 WED 06:23 FM MAC:A :ENTA 415 992 c:7FIty P.07 City of National City PUBLIC PROPERTY USE HOLD l AF�ML A,ND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to o ovide minimum of S1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employe Gs named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Esc, @�do ./ d Organization Ww V (� /S42_S a G(1✓IA-Gp 7 Person rr Charge of Activity (� Address 140 I 0-Cr V VA -)-A- D N Telephone 14- - 3 Date(s) of use Q'1 a �3 I IOI D HARMLESS AGREEMENT. Asa condition of the issuance of a temporary use. permit to Go to ct its activities on public or private property, the undersigned hereby agree(_) defend, indernnl`y and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or. for s iy personal Injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by thr' oem,ittee or its agents, employees or contractors. 5 unt,n e of Apolicart .93 10. Oat_. Cer:if;cate of insurance Approved — Date MAR-26-03 WED 0E• :19 Pm ri 1"-AL E T A 4 15 992 8700 P . 0 1 •1', • „4,4. .4;7,1.44: '• • • 41%.4, Ar‘tin'- . _ _ 1 F at' ..___ ___ Fet:tival Demonstron __Circus Grano Opening Cornn-iunity Fvent. Block Party r. k it E,,,,,-.:, Lo,..,,t0.. Let 1 0 ail otek f2,,ST P 1.,7-04 131vc( • WA-Gtoiv'ku CITY -4 ltiq 1 ) i');fi-n.:'3 ,' F -o 141. ___3i__ to 03 Total Anticipoted Attendance, j51:3 -____ Month.. Ozty.'Nf ear (20 e? Participants) ( 6.'0-- Spectators.) (,*.-1.1.,lai eve,:int Houi-s. _ _10_ arnipelto 5- Kipro seti,,p..ai,iiiriervilconstruction Date: _______ St•i7:Irt tIrr.e: Please desCribEi tno scope of your satuplasserribly work (specific details): —.._ _ otAl 41'U_ e04- r tu, s . ftFin-arifIsi Date: 0,(_. 2-4/6 Completion lime: 1-st ary street(s) raduirIng closure as S result of this event. Include streCA name(s), day and time of closing and day and time of reopening. ,....", ' ' 1,•44.,••..1.—TR- T 1 P.Pp .. ,- , 7.-. ..-1 4' 4. 9 4'...1.-"' ' 1•: -1Pit::"I'''''t:,t ‘.;.-A Ilirl.2t7....`,75," ..1,-, ,--.1,1-411;..,,i • ' 44., ' V, -44 ,414.44.•,,e.H" •4'. '4 '-; ;'' 44 --.. ^': /43A”!atk, '',+pea..^ ' '' /Z7n4,,•'.0_(''" .1110' p " • rc.m Y,`,,*;:=,•‘.4!9...,... ft ,. fai,, ."31' - • 4'..-4tift. ir- ot ..r. ?..t ..,,,,I, it-..-il '7,,,,,„,....","1-i^,,,,t,,.,,-.%.""4',,,,till'A i<ii.,11*-tii _-_--„,„ ..-..,-„, cf.: , ..t, - ,:r.,,,,t .g _ , . ...., , .r.,r, 'TZ, ..I. 'II '.. - ••,11p/p•-•.-Or '•••)`.•=7•:••;P" ,,,, a 1 P.T.A; It - _ ,, , . ,, x , Tr I r t-; , , , .a..., {JR.:. P:•••• 1 It P:,..'nc.:•.-41'..t..' $ Pt: '.i. . ,, A • '''' :', .. - -flt 9 '''. -' , iii• ' ,' , I, ..,,,, - •,,T,-,- • • -••••,, .......,„,- ....,.. -34 .. ,. • 4. !). Pr. _.3"•• lit, 4' t•Sr:.,tA •A . dT, '•,..:•(_`••r3'71 t.T):carilzatir.ir: Fsc rovt_s• c-of2-f. /001,--c-tarE E._ Or'clianizat on ir.me) M cLA_P-Di _ Nam Gt4A crtc9,-VN-r--t Perscm • n site- de), s, the evert': am", gkli Pnone, (er-i±07•01, 5',•E'lli)g Phone: (411)5 .)-J- Fa: (60 latt farm- gotAGI nit t,t 1024 otOt corn or Profit Nor -for -Profit 1M,VVOfftf-ri414 4 ri41(4,p1A.s 5IR OAF AkPi6 l4-A/6/7 3 114Z -G- 042A_ gi pager —*\,) NU Let NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS P7r-41,R-26 C WED 0f"• ]cUt FM r•1 cFEENTH 415 '_19 : R700 F. 02 it Cis:' z_,; O^ a .`Tnx Exempt: nonprofit' Organization? YES .✓ NO m;s'-.,c-'.., entry, vizndor cr participant fees required? t YES t::eas evpiair t• e pi p se and provide amountis): Gross Receipts includiri l ticket, produc" and sponsorship sales from tills event. . 1Dva--____E.stimetec. Expenses for this event. Wirt is the projected arrour)Eof revenue that fhe Nonc>roft Organisation wili ii€,i7.,eive as a result of this Gver:t? .�.M1 ,1a��.tr �•. M.Cr N t. 1e.Y RCS-' �4� T „asr r:rc:::cir: ©ETAII.,EO DESCRIPTION of you, event. Include details regarding any cryoponer is or y0,'r event such as the USE of vehicles, ani lai5 rides o a^Y other pertinent rsir ab:)u,, the ea�r . V`r f' � J 0t(,' �.� Gw�>.k4st er e ci C 4 3Q114 VA s c 4' v\A r —t if ,".e event involves the sale, of t: caf s. 4`il1! the cars come exc,:JU SIVeij' from r, tion..l City car dea'ers? If NO, list any a dditionaI dealers invo'ved in the 71 c_r r•1AR:-26-O= WED as:20 PM t•1ACADENTA 415 992 _: f kin P.03 r ♦i 4 ,n ;d���t kL .41e t3 IyIJ�' Ones .�,F. ':mot.., ir:''Hve. t'ie sale. or use of :'1io1OhOliC, be•:erages? `ease oescr'ibe. �•F,�• ,a. he sold at the e'sant % If yes, p� —.. „� items or �^.i._ _ NO Does the event involve a moving route of any kind along strec.:ts, sidewalks or ttighv✓ays? If YES, a`•*ach a detailed map of your proposed route indicate the otrectton of travel, and provide a written narrative to explain your route. _ NC Does the event involve a fixed venue site? If YES, attach a detailed site map hr;;vng all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies _ Sizes __ - NOTE. A sep$rate Fire Department permit is required for tents or canopieS. Yi li the event involve the use Of the City stage or PA system') c:dG:t:or to the route map required above, please attach a diagram showing the overall layout fit ,.at: iocaiiofliS for the following Refits. /\Icc.^.ni,c and Nonalcoholic Concession andior ee•r Garden areas. - Food Conoess.on endlor Food Proparation areas rease de.sor.be how food will be served at the event; . ye_; intend to cook food in the event area. please specify the method. GAS ELECTRIC — CHARCOAL --- OTHER (`Specify): Portauie and/or Permanent Toilet Facilities (1every250people is required, unless the t•JuT:C,e:f of ,^..or`se'e toilets, for ^an. show that there are facilities in the Immediate area available to the public the event) r at es $r.c Char:{ enc:r:c, barriers and/or barricades Generator locations end/or source of electricity Canopies or tent icoetions (include tent/canopy dimensions) Soot~:s. exhibits, displays or enclosures c. C bleachers. pladforma, stag?:, grandstands or related structures •.'P"Icie anr_:0" trellff,ls 's at.N event components not covered abu'JC r^a5'I containe s wand durnpsl€rr (Note OL must o'Operly C15p0se of waste and garbage thtoughbut tile, tarn. of your ._.n:' I" t^iedicJtE' y uooi", concii:tsibn os the evert the area must be returned to e clear. .: nr er t ash cans: Trash containers with Lids. Descr n VC'.i'' +:ert for clean-up end rCrncv i Of waste and garbage Curir'.0 era after thF evi; I"Ii. tuLQ r.E'� 1,1P,,R-26-03 NED 0:21 PM P1HCABEHTP1 415 992 9700 P . 04 . „ 1,4J • ;(` '41`F-Si.P044.0,), ;J. • v. • .4. -1! • 11 e egg' .6.2,:,.47.4ii.',•. Zi.V....t`....Y.L.41.1t,`..L.......t..C.,:ke-e_4•-r!.. C17.11 Pr eci...7*, r;a5;2.iE: --• tor thise..erYEti, nlease s. d\f0 ,J,rr.'zwir;r c:rj! es7, , • VE;'S,T,ost75+7,i,.S2 rOVLiVe . r•cz, oF tt-47 l9 ' • L'N :=1!ou flaVEI macs. for p'vid d7131 A7.cesst:Lty P:a,) fOr access E!' your evn jv ,•• • e,•1 0" ll' P•aT'• =1-1' 1.1(1/6"--Gui mPip —26 —03 06 :22 PM MACADENTA f E,is ca7e, 415 992 9700 P05 , 2 23 0: PJ N'.1.4.101' 'NV 4s Please :lir:: r.rroo your plans to notify residents, businesses and Churches impacted by the hteiqhborhood residents must be notified 72 hours in advance when events are schedules in the City parks. 1A-E- S NC Are there any musical entertanment features related to your event? If YES, 'please state the number of stages, Rimber of bands and type of musiC. Number of Stages: Number of BOnds; Tyo,:t of CM‘LII) Iae&t( r/ktAs(c-- - W:ir so„.ind arnpiificatierhi be used? If YES, please indicate: - Stet time: I a mi,pffr Finish Time 4tr-SNC _ - pm ie,corctO Will sound Ghsoksbeconducted prior to the event? If Y.q.S, please indiCatel Start rime. Finish Time _ iDiesce. describe the sound equipment that will be used for your event: YES Z(10 F:reworks. roc•Kets: or other pyrotechnics? If YES; piease desciribei XES. Nc.; Any slons. banneis, decorations, speciel lighting'? if yeS, please describe: VAAM/F4- OA] 5 —CO (e-IF MA,R-26-03 WED 05 :23 FM MACABENTA 415 992 R 700 • for Office "Use Only Event: Department Approved'? Yes No Specific Conditions of Approval Date nUa • • • -0. • ^s Council tvieeting Date: Aopi-o,:ed: Yes No Vote: Tre-es. iThcf:(,t.01 Eu',dc':c.-,j Dopactrni. MEETING DATE ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 AGENDA ITEM NO. 25 TEMPORARY USE PERMIT - FRIENDS OF THETY LITERACY LIBRARYRACY& NATIONAL CITY LIBRARY - IN PREPARED BY Claudia Caro, Permit Tech. 3D Fit Building and Safety E AATI his is a request from the Friends of the Library & National City Library to conduct the National City Literacy Celebration & Reading is Fundamental Book Give-away from 10:00 a.m. to 3:00 p.m. on Saturday, May 17, 2003. The request includes: • the use of the Library and Community Center parking lots, • the use of the Library and Community Center buildings, • the sale of food and drink, • musical entertainment, • children's crafts & activities booths, • an art exhibit, • request for a portable stage with sound system and • permission to hang banners on city buildings. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review X A Financial Statement The City has incurred $255.00 in costs in processing the T.U.P. application through various City Departments. STAFF RECOMMENDATION Approve the Application for a emsorary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees Account No. BOARD I CO ISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: National City Public Library & Friends of the Library DATES OF ACTIVITY: Saturday, May 17, 2003 LOCATION OF ACTIVITY: 200 East 12th Street Community Center and Library Parking Lot TIME: 10:00 a.m. to 3:00 p.m. APPROVALS: POLICE YES RISK MANAGER YES CITY ATTORNEY YES PLANNING YES FIRE YES FINANCE YES [ x ] PUBLIC WORKS YES [ x ] PARKS& REC YES [x] NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 3/18/2003 CONDITIONS OF APPROVAL: FIRE (336-4550) NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[x ] 1. No emergency access shall be impeded at any time during this event. 2. No Fire Department connections to hydrants, standpipes, etc. shall be blocked. 3. Canopies shall be spaced at least 10 feet apart. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 3. A list of all participating vendors (with their address, phone number and current National City Business License number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of Business License numbers. 4. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. POLICE (336-4400) 1. The Police department will assign senior volunteer patrol as requested. RISK MANAGER (336-4220) 1. If the Library is the sponsor as indicated on the TUP, neither insurance nor a signed hold harmless is needed. If the Friends of the Library is the sponsor the following is needed. 2. Minimum limits of one million dollars per occurrence of general liability insurance. 3. That the city of National City and its officials, employees, agents and volunteers be named as additional insured on above policy. 4. Standard hold harmless signed. PUBLIC WORKS (336-4580) 1. Street division will post "No Parking" signs and provide barricades to event staff as needed $0 cost. 2. Facilities to provide 1 custodian and 1 electrician to do electrical setups and help custodian do event setup and cleaning. 3. Electrician (4-6 hours) overtime approximate $168.00 4. Custodian (7-9) hours) overtime approximate $198.00 5. Total cost $366.00 Type of Event: Public Concert Parade Motion Picture Fair _ Demonstration Grand Opening Festival Circus Other - Community Event Block Party Event Title: 1'J at ; On c- e; i't"f L I-k<c C 4 1. Ie'h r' T I avi Event Location: 1 ' L K ()owl (+( 01' c veil Jr/ / ).h vc- - 4- p a-4-'1 /DI" Event Date(s): From Sin/VI toy7/01Total Anticipated Attendance: ^ r .5"d 0 Month/Dayr (. SEParticipants) (j2.V Spectators) Actual Event Hours: /U O'pm to I am/0 Setup/assembly/construction Date:,-57/ %tit> 3 Start time: a opt M L, torn) C Please describe the scope of your setup/assembly twork (specific details): rs Qv`O1') 5 pi d -&/e- 15 L��`� e. Lei ? Dismantle Date: fl/t i Completion Time: am List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. At D rI 6-- Al Sponsoring Organization: Chief Officer of Organization (Name) /} rare- C.-0-1M-{� 1a�1 Applicant (Name): 8 ec L I R< /J c t- J !1 Address: a2 o c J IL- 1 S' /v�T/ ( ;'t-y j/q 6 D Fax: (6 )3 31-13( o,,ri r€ GisJi LT 7 -DSO L Daytime Phone: (av4 )136-9'/ 3 Evening Phone: ( ) Contact Person "on site" day of the event: y Pager/Cellular: _ For Profit Not -for -Profit NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? YES _ NO If YES, please explain the purpose and provide amount(s): 55-, 51' 'r n 11�Pe4)r.J � lie -act d--E •Tu'-W Y am. oo $ /A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ J' .ID.00 Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 11n U S 5 c a t C3,1�7� i i n M e-v ,. 5c-A O GI sr, 1-1s uotiAs YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES '"L NO Does the event involve the sale or use of alcoholic beverages? 1_ YES _ NO Will items or services be sold at the event? If yes, please describe: •e7.-i- d€ s A y o �l1 e l i� o- /� ri'`t /$ 5 _ YES e NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 4- YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies / 0 Sizes / O / C NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Fro iv! If you intend to cook food in the event area please specify the method: N O Ctx=k-: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: / 0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Use r/ 4-M,51) 3 Please describe your procedures for both Crowd Control and Internal Security: -rile 5 io( til c-c' t.ovi ( � _ YES *NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: __ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement lyou have made for//p�rol�yiding First Aid Staffing and Equipment. e€I( pit��iF LJIl� lam_ o,U .Coilaide- E— 1 -rt7e Please describ your Accessibility Plan for access at your event by individuals with disabilities: TIA 4', i; h ro---c y �,0 Lo,v~ 1. y r►,et... < rwio t y r €3 t,.) C171- 1 Or Please provide a detailed description of your PARKING plan: Q� v h r C E'G i .-�1a rl✓I v1q G.. r—k-) sYj i e1 / 9 4 C-ev�T G'J I NJ � q-f_h 1 7'g-<%l4e_ IA) ` J� �lJlN� r Please describe your plan for DISABLED PARKING: `J Gf tom, c4-j 51C1. )6o. rk-It v� q a 4 des 7, CPG S ! h YJ�t (-/" / C� /J f Ckd� DJ d_e-b•= -- 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: A 11 %-K C-61- aA /1 . w S IC � r aell C- l -P 0s7`' 2.. cxoc5 n vc . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES — NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: �1% Number of Bands: Type of Music: eft) rt c- YES _ NO Will sound amplification be used? If YES, please indicate: Start time: / D , rpm Finish Time 3 am/6 YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: rr .'pm Finish Time © Opm Please describe the sound equipment that will be used for your event: OG-ti=S P. eC `L 1f s � . M 5 y 57 _ YES )t NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: P95 v-4 )1 G- tti of -lox 5 . N0 5re_ A 1,i�1,�4�vlJ. Revised 10/3/01 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received 6 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) - . No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 tap Not to Scale Map Subject to Change April 15, 2003 City of National City, California COUNCIL AGENDA STATEMENT 26 MEETING DATE AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT - National City Library — National City Celebrates Literacy and Reading is Fundamental Book Giveaway/Chili Cook Off PREPARED udia Caro, Permit Tech.336- A T' F T Building and Safety EXPLANATION This is a request from the National City Library to conduct their annual National City Celebrates Literacy, Reading is Fundamental Book Giveaway and 18th annual Chili cook off from 10:00 a.m. to 3:00 p.m. on Saturday, October 18, 2003. The request includes the use of the Library and Community Center Parking lots, the Library and Community Center buildings, the sale of food and drink, portable stage with sound system, game booths, chili and salsa tasting contest and permission to hang banners on city buildings. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $600.00 in costs: $234 in processing the T.U.P. application through various City Departments and $366 for Facilities. Account No. STAFF RECOMMENDATION Approve the Application for a Tempora Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHEN 0 ApplicationtiE3 S Listed for a 1lemporary usevPermit with recommended approvals ancfleaRM638 tilloApproval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: National City Public Library DATES OF ACTIVITY: Saturday, October 18, 2003 LOCATION OF ACTIVITY: 200 East 12th Street Community Center and Library Parking Lot TIME: 10:00 a.m. to 3:00 p.m. APPROVALS: POLICE RISK MANAGER CITY ATTORNEY PLANNING FIRE YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] FINANCE YES [ x ] NO [ ] PUBLIC WORKS YES [ x ] NO [ ] PARKS & REC YES [ x ] NO [ ] NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 3/18/2003+ CONDITIONS OF APPROVAL: FIRE (336-4550) SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[X ] SEE COMMENTS[x ] 1. There shall be no cooking under any canopies. 2. All canopies shall be treated with flame retardant and a State Fire Marshal's tag shall be attached. 3. There shall be no open flames or smoking inside or adjacent to any tents or canopies. No smoking signs shall be posted. 4. Metal cans, with lids, shall be provided for the disposal of charcoal. Cans shall be labeled, " Hot Coals Only". 5. No emergency access shall be blocked at anytime during this event. 6. 2A:10BC fire extinguishers will be required at all cooking booths. 7. Maintain Fire Department access to all fire lanes, FDC's, hydrants and connections. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. ` 3. A list of all participating vendors (with their address, phone number and current National City Business License number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers 4. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. PARKS AND REC (336-4290) 1. Anticipated attendance is 4,000 people, we would need 4-5 portable toilets. POLICE (336-4400) 1. Police Department will assign senior volunteer patrol as requested. PUBLIC WORKS (336-4580) 1. Street Division will post "No Parking" signs and provide barricades to event staff as needed $0. 2. Facilities to provide 1 electrician and 1 custodian. Electrician to do electrical setups and monitoring along with helping custodian with event setup. 3. Custodian to do event setups and general housekeeping. a. Electrician (4-6 hours) overtime approximate $168.00 b. Custodian (8-9 Hours) overtime approximate $198.00 c. Total $366 (approximate) RISK MANAGER (336-4240) 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City and its officials, employees, agents and volunteers be named as additional insured on above policy. 3. Standard hold harmless signed. 4. If the Library is the sponsor as indicated on the TUP, neither insurance nor a signed hold harmless is needed. If the Friends of the Library is the sponsors as indicated on the fee waiver Request the above is needed. Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other ,Community Event Block Party Event Title: NIA f ,.0,03 ( 4,/ S--l-S� Event Location: , L_� e,om ' ¢ t Event Date(s): From igicf-b3 to / b Total Anticipated Attendance: /per Month/Day/Year (oft' Participants) (3bCOSpectators) Actual Event Hours: /0 an pm to `err Setup/assembly/construction Date: /�/'7/t'� Start time: h� po Please describe /the scope of your setup/assemblyttwork (specific details): 5�l^ sy Dismantle Date: Completion Time: S List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. cal% b e- Sponsoring Organization: �t��}A L ���j lr- For Profit Chief Officer of Organization (Name)Not-for-Profit /,�� `k`l' 11 Applicant (Name): ge_Ck / C: 6-/h rc LA-Lill � Address: % ZA 57) , -4 C.i 7/ `y Daytime Phone: )� 36-4t/ 3 Evening Phone: (_) Fax: Contact Person "on site" day of the event: ;23E, fr Email /f� G�/ g y C\ cL{ ,, Pager/Cellular: \tD NOTE: THIS PERSON MUST BE IN AT ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 7i=jF 'T' .T' t�. ,, T,^,,S 171":7. t?' ,.:4 x M J'y Fr e..5 Fyn -+•'r 0 r�T�l.ls1 y'!'� S .-T.1?',�!,.7!j7'.IT'� .t��r1•..i-. Jr rn�'+ 'y rl 1v ! ?' TY+ fl_w,' t�� l � { r Ct �.n` S it 1 , � ♦ M C. `�F1..^ �}. a.+ }f.-e.• x...1D a w „` t a v. • u a J'r-•] ., {i Y Y w w ,a 4. [ i k' V z` „+'�+s ie! r• !r! d ^r"j uV ".� d^L r e4 { t, 5 t�•.Y�Tr".l +twF (•�Y.7+-r 4�a1 pit.. `a R �:+fi `. '*•F 2-A �.P�t0 i:h -tl� .`i.�[ wh? r.•1-; cP 4?iia ry'.+'^`��5-Sr''+.'.'�y?�{ .zw'.;',n�' t`!?H:rx�+:x :.S'�'T.. �'N.� Is your organization a 'Tax Exempt, nonprofit organization? Y_YES NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): 7n 55-: n,t2«J cf?(J4e S Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $,J1CO© Estimated Expenses for this event. $ - — What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? .a. �.e+if-'�*Y�r.-^. ,;..s...;.�.-'. +Z..,yn..«.,-. •.�e.a; ..m r. �-,,.,,:.; - t. --Tn.0: r. >�'+�'�'.:,4zr.',r^�ti:Nr; r-!-"-# 0t4'itiKi.� y! -4 ��r7% ;%- {i 7� +!r•Yt'.l ^ziri-1 T +a1ryf:- +{rTft -"',i ?"iV �,e--1 nF: )i1 3y r- r �^ a .r".J,.. n,+++K�•,y;r, 3 r 1 ri 4F S}Y n 1� s{i: h.,r_ vl _ 11 .h tib �!{r�� {e`r�rkti Sya�YJ ..}ry 1 � L'L. t � K?.• r ti ."`,i - ... {, e+� v 71 � ti} r �" � .T.. } t.! is yy++Y i.vf r Z"' l r '[ t; Lri , S . i rT F N r x .1. ] ell T ',d tJ 1" y s --/.:, 1 ,, Y+.+!•' c� • f`i 3 r '...AA 1 c :-r r� i S T'� r jl: r.rK t Rom" ,� .: :r ' ri '^. G''K 1t rti {tii c.:itt C,i 1 r Y-{ .'' F T, > -•i r -. w.9ip r. r .taa-..`_ -ti s- y - l s - t h .. :. 1- �' K. n 3! t .4 - nri v..> :o.` t J-. w u. w� t .r,r -w.y ,r r, t.,, ::-.' . t.'] ,! '-. , T u 4 q - . s r �` L - T. 'C'' i ' r ' .3 �' r ' fi 1 } a, ,J i k t `i �i r tys V • . i 4. -v 7 1 •3.•e. - t i 4: d 1�. -1 -i t 1 r `r ! `, ^� r [ L+ Q i "+ r ..7 n E 'f `i h' {; a t" *��TV v_. �_T!S N' :! - +J-.ii' _ TJ lrt.1 1, F 6T l4Cr •Ji�<- i t - Tye P RT 1'�Y t14,g- 7" �' '4{ t .T{. � X-S .r ,.-1-Z::.n'.—..., .r% a Zi ">.14;': �,_-,�'r;^2,<..`'M` -'b..r ^4-71 •-2.N"5-' .{t`.i.,.T j°'tc at-1 Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. -e-c411 i C. P Al E (ck-- , �.e - 11n u. tiC-a_t F-'"464" n Mir. l 5Gf1 o c.) (it) 6\(- Sil k7e„ 3 oh _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES .)1-. NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services besold at the event? If yes, please describe:( ryCl�\5 /1y 0Ite i�01) (�.ri--- 45 Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 2.0 Sizes / 0 / 0 NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City stage or PA system? YES ti NO v YES NO YES NO In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Top 0A-��v ice: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): prop^ > PortSble and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: / D Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: ()Se n-E --/-m,5 i 3 -�^ ,_ ,... sv rT•..J; ¢,r-,- �7l,� 3t•:'efl4t� w�.tr f'��i f 11:ty. l+'l'7't'i�t' ro�.rw.tli. }i. �, „ , Y, �w1 ! y..i .: , u f �y:r� K v Z/ r« (4 t }v111. 6 t y - ` �� r -(, ^f r ty ' k `F S- ?, ht-�4'+�1. F'drr,.'i'4a .�. F, A'T•GN:t++t ntv'r>,j,'�Ir,c..E,�. rs�Rr`�-' �ji`F t. 'N 8•v.tcl. vY a:;hi'n;i: 4i4�ti+�a'.fe'?rRi+'; a [p7 a:h24+iF,'W tlrhtjie:sM`1 te.•v +ti{vt'„"'S• yfe:yy.j,.i�:"++,+„7t{'.4vi."ht'i+c:y+7. 7 Z.n.. Y , Please describe your procedures for both Crowd Control and Internal Securi 71)r? 5 io( \lc)/c I e I ct,`,1) lam. _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made forproyiding First Aid Staffing and Equipment. /I' (0_ toii ld a coV co/ ( 0-` G-0-11 e_ Please describ your Accessibility Plan for access at your event by individuals with disabilities: .. l;P1�c��-t e4, tO�mi r y t u < �>!AA./7 wreA L\)etif7oy-)s, r s�v'r' d''_ r L `T.�� �� r t `#'r n: ✓ it + J fir 'f' - y 7 Ji'q J t i ,,�;•Kl n r, dip,. -.±;err',,: i yi 4 t i ?� '1, , 1 2 av ..� � E,.ti�f t rj 3 4y Hs+" z:. }r.Egr'r PFv.'�." 5 •V., 59z w Y-1 5,uv a•r ,•'S •GrhpK iv I:..< ..r.__El+?-.4''.�3!. �c��T. 4a+Tarr ... � rYS4^1•^?:. 1=x3'+.,rt{ ar "!',i Atrr_4ii Please provide a detailed description of your PARKING plan: lip .7+Ce pa o..r�ii .4( /G} I c,c-ew-4' " Please describe your plan for DISABLED PARKING: ] MCtio/K�d C'.(ti1�j.5�arlr+nC, O t rLfS�r�jlla S c1 C25 1 r >l7�t a / 66 actiJ JJq � e-.� �v %vA rAt •.'7- .Z"! , ,i...-7.:: off:==vt�,ti� ¢-." c:^�;5: ''rl ;?== ri:=.=t�� r,r �, t� 'ry-,�r'��r 7i"�',;��="irt+:.�:.�:a�.t� +`'a t •��'rc!¢^�t� �5 L t.�. iy �y 'Lrl ��' 'S � �Ya:.x �h i3�`W'I•f�nty �;lrr `i. i.P Yf.:rt- �,r.``....�i(r u.._, �` -• +`.��'u^^',iS �' c��_,} �"!4, -, ru t,4Y �f' A•.2 `,fi ' � 'Lyv \.+J",. "3� S+. Y , 4 ! l I. S 1 y 1' r n 0 F ♦ i sl � S! � J y 1 -� N 2\ 1 I y�\ �! c . �� yy��yy h.... t`i! Y r44.T t 4.rK +.a F�c`P F�I�-rt..K14 4'M Ft, E+'"i ;Zir 21,4.1, '' -Z,V447,Zie �:jct-n+aa5rt¢+a;'?t;�'�"�tn�nH-hxi-+a.`5+±;�o}5cc�suS�aixr::�°�+'.°�'�*a-h3¢�e.:4"',w;+S�m'jr`.`��'.a¢aa n�f*t�t iac`1i3 '>'7 Please describe your plans to notify all residents, businesses and churches impacted by the event: A I--=C (t.- i�� .z, w')c�`it;� �1 C-•� °G s� t1 r i v: -4c4Y1 e\I f J f)A NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. Rh:7n{., c^ T rr•-7 Fi. r.:;73- rm.7...-izz r--1r+` y"*' r.'*• 177T. ��� t +i. l " .�' l ,+_i as 1 t R1.] ^t+ ' v .ir .] I ei-.r. 4,:. i v-+ r i s .4 t ,.. y i5�,it rc u 17k r v>• 3 I✓1 T't yri 1 . i A - ti ‘� "5 i' `a T rr. 1+ •7 (' 'r. ti,',i i Nus , ,e F0y a -1 j;S7a .P. Y",7T. ti , ,i"", 4 5 - 1-: ,:M� -^I ri.f} -7. t h - H;v ftA..t+h.: j y +4 7: �Y"i r, N-,.tf nr T t 4Ji r y :"i ti t za i .-1' - 17` t i--.i t G; i Te , r l t.t. , @' a' c PT1 "":''':•?�;-__:!t=xi_y,_.xi _0,1 ...ye-e tK :;:s- 1 ?,s,•, --_ M1,r.__--__ 1"_ .. __ 4_ YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: % Number of Bands: Type of Music: e-- 4 YES NO Will sound amplification be used? If YES, please indicate: Start time: / Opm Finish Time i J am/6 YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: �'pm Finish Time PC) pm Please describe theitsound equipment that will be used for your event: S 4- J2:DeJ,} 50k--,^ S kon _ YES t NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs,//banners,n_decorations, special lighting? If YES, please describe: P G5 7 e 5 `^-� )1 G- �c 5 Revised 10/3/01 No 57) 3 i1'- . 5 For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received 6 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) )4 No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date l,1c3 9 K Parking Lot Sidewalks Buildings i Tent Tables w/ Electricity Tables w/o Electricity # of Chairs Not to Scale Map Subject [o Change City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 MEETING DATE 7 ITEM TITLE PREPARED BY 27 AGENDA ITEM NO. TEMPORARY USE PERMIT S.D.COUNPROGRAMANNIVERSARYANNIVERSARY CELEBRATION AND HEAJI.TH FAIR Claudia Caro, Permit Tech. 336-4210 0,, . L. Building and Safety DEPARTMENT EXPLANATION This is a request from the San Diego County Black Infant Health Program to hold an anniversary celebration and health fair in the parking lot of 12 N. Euclid Ave from 10:00 a.m. to 3:00 p.m. on Saturday, April 26, 2003. The event will include live entertainment from an R & B singing group and a Salsa singing group. In addition, there will be face -painting, games for the children, food vendors and small commercial vendors. The event is free and open to the public. The only sales conducted will be from the vendors. A waiver of the $150 T.U.P application fee is requested, the applicant and event qualify for a wavier of fees pursuant to City Council Policy No. 704. Environmental Review X N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. application through various City Departments. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of the $150.00 T.U.P. processing fee. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1 Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: S.D. County Black Infant Health EVENT: Anniversary Celebration & Health Fair DATE OF EVENT: April 26, 2003 TIME: 10:00 a.m. until 3:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES f x 1 NO f 1 SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) Emergency access shall be maintained at all times during this event. FINANCE (336-4330) A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license number. If any of the vendors or organizations is registered not- for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained from the City Revenue and Recovery Division, Business License Section. Division Street Remaining Parking Spaces out to Euclid Avenue 4— portable restrooms =trash cans • DJay Stage additional disabled parking Health Agencies, Social Service Agencies Non -Food Commercial Vendors • • disabled parking Restrooms Driveway =parking spaces 12 N. Euclid Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus Motion Picture _Grand Opening _ Other X Community Event Block Party Event Title: Black Infant Health Program "Celebrate Healthy Babie_s" Community Health Fai EventLocation: 12 North Euclid Avenue. National City, CA 91950 Total Anticipated Attendance: 352 (includes staff) ( 40 Participants) (300 Spectators) Event Date(s): From 4/26/01 to 4/2h/03 Month/Day/Year Actual Event Hours: 10 :00 am/pm to 3:00 am/pm Setup/assembly/construction Date:4/26/03 Start time: 8:00 a.m. Please describe the scope of your setup/assembly work (specific details): Set-up of approximately 40 tables, 80 chairs. stage with stairs, and Mobile Van. Dismantle Date: 4/26/03 Completion Time: 4:30 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. NONE Sponsoring Organization: Black Infant Health Program For Profit XX Not -for -Profit Chief Officer of Organization (Name) Barbara Bonner, Director Applicant (Name): Black Infant Health Program Address: 12 North Euclid Avanna, National City, CA 91950 Daytime Phone: 0 19) 266-7466 Evening Phone: ( ) Fax: 61 ) 262-9188 C1yo Barbara Bonner, Director Contact Person "on site"day of the event: Emailhhonner@hi haanrl i ago org Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? XX YES NO Are admission, entry, vendor or participant fees required? _ YES XX NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent informatior about the event. The Black Infant Health Program Community Health Fair will consist of 40 agencies, (health:and social services). food vendors. small commercial vendors (clothing, ,jewelry, etc.) a kids "jumping" area__(a Spiderman .._ "jumper") and children's photo identification compan . There will be - a clown to do balloon toys and face painting. We have asked but have not yet confirmed a booth for the Humane Society - kitten and puppy adoptions. We will provide Security and clean up. YES x NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: NO CAR SALES 2 YES xxNO Does the event involve the sale or use of alcoholic beverages? Xx_ YES NO Will items or services be sold at the event? If yes, please describe: Food. crafts, and clothing XX YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. XX YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 40 rincK c Sizes to 7c cc.? (..NO NOTE: A separate Fire Department permit is required for tents or canopies. YES 'Cr NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: sno—cones , cotton candy If you intend to cook food in the event area please specify the method: XX GAS XX ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event)We have restrooms within 100 feet of the event. • Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: We will hire Security guards to monitor crowds. Black Infant Health Program Staff will monitor access in and out of our office. YES xx NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization:Comprehensive Health Centers -we will hire our own Security guards to work extra hours on the day of the event. Security Organization Address: Security Director (Name): Phone: _ YES XX NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We will have Comprehensive Health Centers nursing and physician Please describe your Accessibility Plan for access at your event by individuals with disabilities: The parking lot is leyel paved asphalt. There are sj..arly corked handicapped parking spaces which will not be blocked in any way. Please provide a detailed description of your PARKING plan: SEE DRAWING Please describe your plan for DISABLED PARKING: SEE DRA1iTNG _ 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: All merchants in the shopping mall have been notified. All residents within tha blocks anrrrnmding tha avant criii haves flyara mail boxes. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. AYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: Type of Music: Mixed, Hip -Hop, Reggae, Salsa, Polynesian XXYES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time 3 00 am xxYES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 9 : 30 am/'pm Finish Time 10 : 00 am/pm Please describe the sound equipment that will be used for your event: YES XX NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: XXYES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Balloons at each table and at the entrance to the Event. 3` x 6' foot banner on the stage. Revised 10/3/01 5 Event: For Office The Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? xxx Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization San Diego County Black Infant Health Program Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) xxx No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Non -Profit Organization Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization San Diego County Black Infant Health Program Person in Charge of Activity Barbara Bonner, Director Address 12 North Euclid Avenue, National City, CA 91950 Telephone(619) 266-7466,ext.121 Date(s) of Use April 25, 2003 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Lf 4 Signature of Applicant ?)i/iL- D7 , eel �2�gr 3`. &r6 Official Titlea�� Date For Office Use Only Certificate of Insurance Approved Date 7 03/13/2003 17:21 2313212 Sec, Ey: ; COMPREHENSIVE HEALTH 858 458 4289; Man -13-03 5:18PM; PAGE 02 Page 2/2 AC OREls CERTIRCAISOFINS i .: E I: E 311Z1633 . ?RCDLCPR �,yr ey & Barney,LLC-CALicenseNo.0003950 ar::oy & Samey, Inc. - CA License No. 0C24310 THIS CERTIFICATE IS 1$SuED AS A MATTER OF INFORMATION ONLY AND Nrexa o RIGHTS UPON THE CERTIFICATE HOLDER. THUS TE CON WIC. OOESNOTAMEND, EXTEND 0RAUTTARTHSICOVERAGE AFFOFtOE38vTHE POLICIES RELDW. P.O. Sox 85639 San Clego, CA 92138-S638 COMPANIES AFFORDING COVERAGE COWART A First National Insurance Co. of America ,ErTER INSLR_' COMPANY B First National Insurance Co. of America LETTER Comprehensive Health Center COWART C The Zenith Insurance Company LETTER 446 26"' Street, Suite 101 San Diego, CA 92102 coupAwv D NONE I LETTER F COMP" Y' E NONE LETTER COVERAGES _ - S 5 TO CERTIFY THAT THE POLICIES OF INSURANCE BLOW iAVE BEEN 15SUE0 TO TI-i ENSURED NAMED ABOVE FORME POLICY PERIOD NCICATEC. NC"Vr.THSTANO!NG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 'TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS DI-- SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUcEo eY PAID G,AIMS, CO LTR TYPE OFWA/RANCE POLICY NURSER MUCYespccouE BATE (MMIDWYYI POLICY EXPIRATION DATE (N4UOLUYY) LIMITS GENERAL I AITI ITY GENERAL AGGREGATE S2,000,000 COMMERCIAL GENERAL LIABILITY PRODLCT^SCOMPIOPAGG. 82,000,00C n ❑ CLAIMS MADE OCCUR. PERSONAL &AOV. INJURY S1,O00,000 0 OWNER'S 3 CONTRACTOR'S PROT. EACH OCCURRENCE 51,000.000 11-1 CP7755503 10/30/02 10r30J03 FAR DANABG Lowy ono argil 1200.000 MED. EXPPT'S (My one parwn) 8tO,0C0 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMITT 51,CDD,coo 1 _J ALL OWNS" Arms r SCJ-EDIJLEO AUTOS BA7755511313 10/30/02 10/30/03 BODILY INJURY (P".p«oon] 5.-•. Q HIRED AUTOS El NON-CWNEO AUTOS. BODILY INJURY (Per Amman() 8..-- D GARAGE LIABILITY PROPERTY DAS AO[ 8•'-- EE4CESS LIABILITY CIACH OCCURRENCE C UMCREL.A FORM NO COVERAGE ACCREQATR r" OTHER THAN UMBRELLA A FORM El STATUTORY LIMITS WORKERS' COMPENSATION Z046433902 08/13/02 08/11'03 EACH ACCIDENT $1,C00,000 AND DISEASE - POLICY LIMIT $1,000,000 EMPLOYERS' LIABILITY =EASE -EACH EMPLOYEE 11,oeo.00O OTHER 'xONE NO COVERAGE DESCAIPT'-ON CF OPERATION&LOCATJONS/VLHICLEa/BPECIAL ITEMS ' 10 Days Notice for cencotlatlon Due to Nor -Payment of Premium EVIDENCE OF NSURANCE ONLY C,ZFCF1F;CATE HOLAER I NCELLA'I ON City of National City SHOULD A\'Y OF THE ABOVE DESCRIBED POUGICE BE CANCELLED 3EFOK:2 Tn'E a'J I.1: lag $ Safety EXPIRATION DATE THEREOF. THE IBBUtNO COMPANY WILL ENDEAVOR TO 49/17: Nfcn,-,,,,.,^ ,e6..1 st..ls,, IG1i U Na'.;�,a! City, CA 91350 i. G,RiD 25-S i71301• MAID au- uwTa rvNITTCN 1VJIC"_ TG THE CE4T;FX:A IF 4+.:�..^ER * TI�ORL.J nc:-Az ri-rATIVE Sue Makin ^q i] O OO O C R�RATILJiY.".111r C.:,npreheesive Health Center-MASTER.tlec City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 15, 2003 AGENDA ITEM NO. 28 ITEM TITLE TEMPORARY USE PERMIT — MAYTIME BAND REVIEW CORP.- MAYTIME BAND REVIEW PARADE Claudia Caro, Permit Tech. 336-4210 C PREPARED BY DEPARTMENT Building and Safety EXPLANATION This is a request from the Maytime Band Review Corporation to conduct their annual Maytime Band Review Parade and Awards Ceremony from 10:00 a.m. to 4:00 p.m. on Saturday, May 3, 2003 and to use the Community Building to hold a Dignitaries Luncheon from 11:00 a.m. to 1:00 p.m. The request includes the closure of city streets along the parade route identified as Highland Ave between 30th and 16th Street, 16th Street to D Ave, D Ave to 12th Street and the use of Kimball Bowl. Concession stands will be set up for the sale of food, beverages and souvenir items, they will be sold by not -for -profit groups. A waiver of the fee is requested. The applicant and the event qualify for a waiver of fees pursuant to City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $345 in costs for processing the T.U.P. through various City departments, $85 for a in Fire Dept. permit fee, $4,875.30 in Street Division & $1,600 in Facilities Maintenance Division costs from the Public Works Departmenttctoot�alniiigNo STAFF RECOMMENDATION Approve the Application for a Tempora�'y 'Use Permit subject to compliance with all Conditions of Approval and approve the waiver of all fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution no. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A=200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Maytime Band Review Corporation EVENT: Maytime Band Review Parade DATE OF EVENT: May 3, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [. ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PARKS & REC. YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CDC YES [x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x 1 NO [ ] SEE CONDITIONS [ x 1 (S.D. County Health Department & N.C. Transit have been notified) CONDITIONS OF APPROVAL: FIRE 336-4550 1. A Permit is required from the Fire Department to use a tent/canopy per Article 32 of the California Fire Code. The fee is $85.00. 2. Tents/canopies shall be treated with a flame retardant and a State Fire Marshal's tag shall be attached. 3. No open flames or smoking shall be allowed inside or adjacent to any tent or canopy and No Smoking signs shall be posted. 4. Metal cans with lids are to be used for the disposal of charcoal. Cans shall be labeled "Hot Coals Only" 5. Fire apparatus access shall be maintained at all times, ie: Kimball Park, Kimball & Morgan Towers. A. Do not block streets or alleys. B. Do not block Fire Department connections, hydrants, or fire sprinkler systems. 6. 2A:10-BC fire extinguishers are required at all cooking booths. 7. A "Site Plan" is required. It must show the location of cooking areas, booths, tents/canopies and access points. 8. A Fire Department inspection shall be performed prior to use by the public. PARKS & REC. 336-4290 1. We will coordinate with other City Departments. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City and it's officials, employees, agents and volunteers be named as additional insured on above policy. 3. Standard hold harmless signed (done). FINANCE 336-4330 1. A Business License is required if monies are solicited, admittance charged of food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. 4. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained from the City Revenue and Recovery Division, Business License Section. PUBLIC WORKS 336-4580 1. Street Division will post "No Parking" deliver barricades for use by Police Department and clean street after event total $4,875.30. 2. Facilites to provide electrical and custodial personnel for set-ups and event needs cost $1,600. CDC 336-4250 1. The CDC has no problem with the proposed for the Maytime Band Review. 2. Important to keep access to Morgan and Kimball Towers at all times. POLICE 336-4400 1. 80-100 volunteers from National City Police Department and local agencies will provide traffic control and security. 2. Lt. Fifield and one Police officer will adjust schedules to supervise event and man the command post. ENGINEERING 336-4380 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of construction in the vicinity. Call Charles at 336-4380. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Maytime Band Review Corporation Organization Person in Charge. of Activity Edith Hughes Address 1104 Manchester Street, National City, CA 91950 Telephone ( 61 9) 475-6124 Date(s) of Use May 3, 2003 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Executive Director March 17, 2003 Official Title Date CERTIFICATE OF INSURANCE TO COME For Office Use Only Certificate of Insurance Approved Date 7 Type of Event: _ Public Concert x_ Parade Motion Picture Fair Festival Demonstration _ Circus Grand Opening Other Event Title: 56th ANNUAL MAYTIME BAND REVIEW PARADE Highland Event Location: _ Community` E nt' Block Party Avenue between 30th and 16th, 16th to D Avenue 1 day Kimba 1 ar /aw r s 55, 000 eon, �..hlyu Total Anticipated Attendance: 1��� ( 5 , 0 �' : rticipants) Q (50, 0Sctators) Event Date(s): From 5-3-03 to Month/Day/Year Actual Event Hours: 10 rr'/pm to 4 am/& Setup/assembly/construction Date: May 3 Start time a . m . Please describe the scope of your setup/assembly work (specific details): buses unloading bands getting in formation area. In Kimball Park - concessions stands Scat un fnr nnn nrnf'+ + elm€ee nd souvenir item: stage and chairs for awards ceremony Dismantle Date: May 3 Completion Time: 5 p • m • am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Highland Ave between 30th and 16th R a_Tn to 1 p.m. 16th Street between Highland and D Avenue 8 a.m. to 1 p m D Avenue between 16th and 12th 8 a.m. to 4 p.m. for bus parking Sponsoring Organization: Maytime Band Review Corporation Chief Officer of Organization (Name) Edith Hughes Applicant (Name): Maytime band Review Corporation Address: P. O. Box 1298, National City, CA 91951 For Profit X Not -for -Profit Daytime Phone: 1 9) 477-9339 Evening Phone: (61 9j 475-6124 Fax: (619.-477-501 8 Contact Person "on site" day of the event: Edith Hughes Email edith@nationalcitychanrgerlLegll�lar: 887-0591 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES NO Are admission, entry, vendor or participant fees required? X YES — NO If YES, please explain the purpose and provide amount(s): Bands pay $1 5 0 entry fee National City non-profit groups pay $50 for space for concession booth $ 4 0 , 0 0 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 40,000 $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Educational event for high school and junior high school bands. Street parade and awards ceremony. Bands come from throughout State of California to compete. bands are judged by .School Band Judges Associatioc. YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES X NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: 10 NC non-profit groups will sell food in Kimball Park to participants., X YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Kimball Park for Awards Ceremony X YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 2 Sizes 8x20 tent for tabulating room NOTE: A separate Fire Department permit is required for tents or canopies. 20x20 tent top for judges XYES NO Will the event involve the use of the City stage or PA system? in Kimball Park In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: D Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas hot dogs and hamburgers Please describe how food will be served at the event: on barbecue, other foods will be cooked in restaurants and brought to park pre -packaged If you intend to cook food in the event area please specify the method: GAS ELECTRIC X CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 1 8 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) D Tables and Chairs D Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity Y Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures o Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above s Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: City crews 3 Please describe your procedures for both Crowd Control and Internal Security: Police Reserves from all over San Diego County assist YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Police and Fire Department take care of this Please describe your Accessibility Plan for access at your event by individuals with disabilities: Street parade - disabled persons can find spot along parade route for folding chairs or wheel chairs® Please provide a detailed description of your PARKING plan: Buses are escorted from unloaing area to D Avenue and parked on D AVenue, leaving a fire lane. Also parked on 12th Street Please describe your plan for DISABLED PARKING: HAS NOT BEEN A PROBLEM IN THE PAST 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: LETTER IS NAND DELIVERED TO RESIDENTS, BUSINESSES AND CHURCHES ALONG PARADE ROUTE AND IN FORMATION AREA INFORMING THEM NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. LETTER MAILED TO RESIDENTS AROUND KIMBALL PARK X YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: one Number of Bands: three two school jazz bands and Marine Band plays in Type of Music: Kimball Park prior to Awards Ceremony YES X NO Will sound amplification be used? If YES, please indicate: Start time:1 1 a . m • am/pm Finish Time 1 p • m • am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: P.A. system only for announcing the Awards YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: banners will be hung around the park by City Park Department Revised 10/3/01 5 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization MAYTIME BAND REVIEW CORPORATION Type of Organization NON_PROFIT 501 (c) 3 (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. x No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? x Yes (Please provide an explanation and details. Motel room tax for those groups staying: overnight at National City motels. Bands come from throughout the State No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? X Yes (Please provide an explanation and details?en National. city non-profit groups will have rpm-assyop ba®.J-hs in Kimball Park for the Awards CVeremony No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: x No (P lease sign the form and submit it with the TUP Application) Signature March 17, 2003 Date 9 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 15, 2003 AGENDA ITEM NO. 29 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE THRIFTY -WASH LAUNDROMAT AT 2415 E. 18''; STREET, WITH A VARIANCE TO ALLOW CONSTRUCTION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS (APPLI "T_: CINGULAR WIRELESS) (CASE FILE NO. CUP-2002-13/Z-2003-3) PREPARED Y Roger Pos�tt, 36-4310 DEPARTMENT Planning EXPLANATION The project is located at the northeast corner of E. 18th Street and Euclid Avenue, in the CL (Limited Commercial) zone. The 11,480 square foot site is developed with the Thrifty -wash laundromat building and a 20-space parking lot, with little exterior lighting. Nearby uses are mostly residential. Cingular Wireless proposes to install a wireless communications facility on the property. Antennas will be placed inside three new, operational light standards located in the parking lot. Two of these 28-foot tall standards will be placed near Euclid Avenue, on opposite sides of the lot. The third one will be on the south side of the lot, near the eastern edge of the laundry building. Necessary equipment will be located inside a storage room in the building. A Variance is requested to allow the two poles proposed near Euclid to be installed in required setback areas. The Planning Commission held a public hearing on this item at their March 17, 2003 meeting. A nearby property owner expressed concern that the building and fencing at the site are not being maintained. The Commission added a condition of approval requiring the applicant to paint and maintain the building and fencing. Commissioners also expressed support for the project since it is a stealth facility and will not affect use of the parking area, and since the new lighting could improve security at the site. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account o, STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit and Zone Variance. Vote: Ayes - unanimous ATTACHMENTS ( Listed Below) Resolution No, 1. Planning Commission Resolution No. 8-2003 2. Location Map 3. Site photos and photo simulation 4. Reduced site plan and elevations A -too (9. 99) RESOLUTION NO. 8-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE THRIFTY -WASH LAUNDROMAT AT 2415 E. 18TH STREET, WITH A VARIANCE TO ALLOW CONSTRUCTION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS APPLICANT: CINGULAR WIRELESS CASE FILE NOS. CUP-2002-13/Z-2003-3 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility at the Thrifty -Wash Laundromat at 2415 E. 18th Street, with a Variance to allow construction within the required front and side yard setbacks at a duly advertised public hearing held on March 17, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. CUP-2002-13 and Z-2003-3, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 17, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 11,500 square foot project site has sufficient area to locate the light poles and panel antennas, and the existing storage room in the laundromat building is large enough for the equipment necessary to operate the facility. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is served by Euclid Avenue and E. 18`" Street, and the wireless facility requires only one to two maintenance visits each month. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will assure that the proposed lighting will enhance safety and security at the poorly lit parking lot, and since conditions of approval require the lighting to be turned off when businesses in the laundromat building are closed. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless communications network, resulting in enhanced service for its customers. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since Code restrictions on locating wireless facilities in residential areas, and the lack of sufficiently tall structures in the area on which to place antennas, creates a difficulty for wireless providers to obtain necessary coverage. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed light standards will maintain a setback similar to existing structures in the same zone; and since they are organized in such a way as to minimize potential conflicts with adjacent residences while providing security to the parking area; and since the Land Use Code requires outdoor lighting to be directed to only illuminate the premises upon which it is located. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the proposed wireless facility concealed in light standards is an accessory use of the site that is permitted with the requested CUP in the CL (Limited Commercial) zone. BE IT FURTHER RESOLVED that the applications for a Conditional Use Permit and Zone Variance are approved subject to the following conditions: 1. This Conditional Use Permit and Variance authorize the construction of a wireless communications facility at 2415 E. 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, 2nd Revision, Case File no. CUP-2002-13/Z-2003-3, dated February 10, 2003. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. Prior to the issuance of building permits, evidence shall be submitted to the Planning Department that the two parcels which comprise the project site have been legally merged (APNs 558-190-20 and 22). 3. All proposed rooftop mechanical equipment shall be completely screened in accordance with Land Use Code requirements. 4. Timers shall be installed to assure the lights only illuminate the parking lot during the hours of operation for businesses in the laundromat building. 5. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. The deteriorated portions of the street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 9. The existing drainage system on the property shall be cleaned out and repaired as necessary. 10. Before this Conditional Use Permit and Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Variance 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. I . This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 12. The applicant shall paint and maintain the laundromat building and all on -site fencing. Exterior walls of the building and fencing, 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 7, 2003, by the following vote: AYES: Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham. NAYS: ABSENT: Pruitt ABSTAIN: CHAIIMAN SITE PHOTOS Project site looking east across Euclid Avenue Project site looking northeast from intersection of Euclid and E. 18 Street (P) antennas concealed within radomes on (P) light standards proposed telecommunications site GIVIDp1 NOTE BNEY90NE SHORN FROM PROPERTY USE ARE ARPRCAIINR AT ARE 51)00 FOR GENERAL (€0311NCE RESER 1O DROM ONS ON 00(09 A-30 FOR MENEM LOUPO!1 REFERENCED TO ET51MO FEATURES IN TM INTIMATE HMO O: PROPOSED NPR R00 MAR 51AYN.® NOML NCR CORI AAVW0. INCLUDING NOEMM MYEx N PE PANTED ME SWE COLOR (E) 5' OONO OURS (C1mE) 29A1d NGN (E) OAS UTTER (E)9310(0 ( SITIA'571 289' • 4E)EIRESIDUARY1 I 00 AT M (� Ir M {TOTE A4C 11'-f0' �AR9IAEp PROPfRIY UM PAOPFRIY UM 611129'211 II]TO' 0 PMR3IO L017 PRFORD GREVE M91II5 213' NEXT OPERATIONAL NIX OMOI.® AS M'10000 1 SEAPORTEIRLCNRE PREOSEID WIWA0 WE1LR LASE MOH SNCMN MIMEO 1135 SOAR) - SO OEAACE° STE PAN ON SWEI A-20 PRESSED 9N41AM TREELESS UNM0CIOUNO COACT CAME ROOT (E) 6'NKR WAWA. CM (5) ECU. IETERS,, ,., O]ACWIC PM I `PRCK00 ND DOM T MEE I IpOEM".OUxo WAY4L W&F 1RExp1 \-PRMRiO MAW MRCS 2R' mon A OPOAT0DL WM STANDARD AS AMMER S, NACRE SIRUCmu 5 1BTR STREET (E) TELCO OVERALL SITE PLAN CALM 1T-10' ➢' T 0 IE) CHVJN MA REHM 71T321S /_. IQ RCM ENML PRWE `If) DE-OT TALL WOOD MAKE I I In) moo N11'29'2110 I004.99' E) 5'-0. DLL MOOD M£NCE GRAPHIC BCALE (am) - II 20 GENERAL SPECIFICATIONS 1. 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AS OWL MET OR MAO M WOES MOM AINAKE SINNN475 RR RENT M M0A9lVL W6,2MM MEM TWA M1MW R6AWi CCHANC26 A4NLTON AWE ImmuWN9.MCC SCE R. 11020 MA, SET WO AYEd]h L MN1B SWEA WET WIA NO AR WMAWA1M MMNCNM /01010 ASMCSIA 1 HO1 VMMIR CORN DARE MATEY. W 273021-I19S IN 11113115011E. MCC FOR ICH M RARER 620 MEW 00 R. PAS. W 55114-1400 II 11E OMEMCIW OWL WEAL ILL E0.11.07 AND WT1145 PG ME LUST EERIE 6 WE 11910601167168 11011.611011 9001019079 CUE SPECTEELIT OR (ECM MI0IMRNR ORAI E LOCH CUM IC EC WlWCIM 9011 NAY. WAMRR NO PIMWE ALL IEMSY" ROEm6. WwE WAS. ENTER W MCI SEMIS Pn AL MS RWRE RE ENE. li IIF CONTRACTOR N9 N19E91MMS96 RPM 92 RINSES 00 OWL W VY um la 0$91.081 WM MOM R9NMR 1.709 EC (PIMNMS AS WI M SERE LOM9W1 R 99099E COMM M0 P.AM 6 AMER EMT (OA) RIOREM S IS IV cameral OWL P.9x161 TIE PERCY OMOE MD EIWNA SEIM REMIT AN ME 111061 WY ECM OAA WR19RM. MY W06 ID ROI MO HERE 5MM M MAIM EL�SRLWM Namur RMM)W REHM To O1�• TIE W19M'IM 00 EWE AOR1 ME rR PRIPWTY PERRY RR®RATM. AT RE PARES IS RE PWI5Y.RCA 17. 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SATE IRO SW MOOT GVUMET% 42121 APPROVALS DATE MM W2 LDNSTW)E0N Wre OR f10JMMM Wh PROJECT NAME THRIFTY WASH PROJECT NUMBER SD 671-03 2115 E. EON SEE TAT NATON& PTA OA 91950 RAN DIEGO DRAWING OATES HA NM01/n107 711M'7" O ACM N/a7 ID AMMO RSTRA I I4/11/A Rd AMMO R..2 jf T/15/W 0MEWL M. MEWL W. EH5 WHEAT09 p1/00 9RA5A WN. SHEET TITLE OVERALL SITE PLAN GENERAL SPECIFICATIONS PEASTA/mmfAI0BL4 A-1.0 y 4 EMS KEYED NOTES lO PROPOSED CROW 9IWElSS M'-0' NIGH LOT SWORD (WRNTNW5I) ANTENNA SUPPORT STRUCTURES (n9 Of 3). LOT SWORD MO ROENN4 WIER TO 6E PORED ME SAYE COLOR ® PROPOSED, SRN0S 0000GM ZEMCOVETOCTMUILIL BE 520P.O RASCON COLORDBMW A ROAOMS E000D 1GM © PROPOSED owa WEEs TM LISTS WONTED it mama &FORT MY 0 PROPOSED CECWA MBES 3'-6' EON, 6' DA sown © PROPOSED WFN.W %SEM UNDERGROUND SON COAYY. MEE 15000 0 NTI USEO 6 PROPOSED ODOUR NELiS UNDERGROUND PLANTS MP( 'RDSH O PROPOSED 444' TEA BOARD QO• PROPOSED DONNA MUM TELEPHONE SPLICE BON (3N360( MOORED TO DOSSED WALL W/ STRUT ® PROPOSED coma mass E0ECMNIL P44 DOS (30s)041 DOOMED 10 TIE MONO WAIL W/ UMSIRUI ® PROPOSED CDOLM mess &TFRI RACKS ® PROPOSED COINAM RE SS MOOR MOOR ® PROPOSED NCINM MVAE4 EAAN02 ROOM ® (E) PROPERTY SEE ® PROPOSED MUM M9IER NEW TEAT MOOD STUD WALL ® COSD O 9' MGR CONCRETE CURS ® PROPOSED CO A MD>ESS HEN YEu& DOOR YI/ YEIN. MX MD LOOS ((P. 00 3) ® PROPOSED ODOUR mums OVERHEAD SMIE PROSES ® PROPOSED CMMM "MESS ROOF DWTRO) DOWN 2NR 9/c ORS (re. Of i) ® PROPOSED CAWID.W muss METRICAL IRlFA DUO NOM NM WOOD CAB SR ® PROPOSED CROW MSS UDOWNSIL SOREN ® E IlIES 2'-0' TOM MU WALL ® DOSING CONCRETE STAIRWAY ® EASING 21' MOM PETAIRNG WAIL ® EASING ASPHALT 9JISALE ® MING MAMMAL PRCRRY ® DOSING monk DETERS ® SOSINE PM.R1 SPICES ® DOSING PARAPET YELL ® DIETING PAINING NN[FE STOP ® EAS NG SKULK ® DOSING WORM ® EASING WAN LINK EENCE EJEIIG WNCR.IE PRD MISTING ROOF AWE CRAP® SCALE (1e') GIG 6 5 UNNERS41. DESIGNS AND CONSTRUCTION WLHITL1URI R'ID'PR'MAYNE 0K0Nol J.- D. VIII,,EA me..'nn 7 :. SE .-9w PROPS FAA X cingular- 5110 CORNERSTONE SRIFT, sun IRO SW DEW U' OMM 92111 APPROVALS 0/001A0 OKIE PROJECT NAME THRIFTY WASH PROJECT NUMBER SO 671-03 MID E. 1ORI NATIONAL PTO CA. 9 950 SM DECO DRAWING DATES W/NA PIN ID&PL5 ER AT EN mxT 0/S IDM1P1M1l ROA9 II/19/S IDSUMM1IRY. Tl oiry55 msv l0'E SHEET TITLE PARTIAL SITE PLAN ENLARGED SITE PLAN 91alo/EWAAx49M A-2.0 R (E) Cw WALL EUCLID AVENUE PROPOSED DARD MUM PERARO MmNS3 10 TJG11T STANDARD (muuQ UTH NEW 0 ) SBNCNT STANDARD (DADA AND 2C10R 'A') 4-. -LPMI DTRE0WOOLORRNA COOP i0 k BE PANED ME WE COLOR [WV 4O PA5YJN0 LOT (' PROPOSED W4BQA9 RREOS 28' RGR DX! / swum (OPERATKKNL) A4RNR1 SUPPORT STRUCTURES (IOU NIWJTN SECTOR 101 - UM 51AYMi0 RAE IMAM CovER RI RE PROPOSED COPULAR MmES$ 28' P MATTED TOE YLE COLOR NEST MD STANDARD —PROPOSED ROPE HOURTE➢ DOWN (ORIZTVZ 1 ANNBN 9MYRI —(E) ucM sNd1NO STRUCRA. (Tr Man SECTOR i DRAFT NC URNS (ttM. OF s) I A) T-PiCPoSID u[CIWY4l SUM CO Et501004 501005 - LEHT srBE M MO NRFNTLI / r - PROPOSED QNCWR MRE85 / T (E) 000NC COLOR TO I£ MILD TOE SANE 1 / i [OUIPNEAT RWX (SHOO SHADED) I / J' 7- . //I/ FRON5ED COWL* M IMS V' HER 0D80. 5121 90 (Q°YATIOYAL) ANIEMLA SLWPCM STRUCTURES (210. Amami SECTOR 'C) - LORE SDNG590 AND NRERA O MER TO BE PUMP THE SWE COLOR NORTH ELEVATION SCITf: J/Ifi 1'-0- PROM= U8AM Y,RE0IS 20' WLN UCNr STANDARD (OPEuruwU( 411010 SUPPORT STRUCNRE9 (PUP A19NM SECTOR 'C') - T.SM SWAPO WI WSW COO TO BE FWD TIE SWF MDR -PBOROSEB m1WVR RiIES 28' We u0/T / STANDARD (OPEPAAIIW) WERRA WPM STRUCTURES(0 A➢N1M SECTOR 'Al - U411I STANDARD AND AYNENN CVO TO BE PAM1➢ M SNF Douce (F) BUT% LAYANOERIA I PROPOSED 04102/q 11MEM 28' WA 2GHT SWORD (OPERATIONAL) AYI[NRA SEPPDR, STRUCTURES (11O OMR SECTOR 'B') - LIGHT 50.YOV® AND AYI[RN CROP IO BE PAINTED I11E $TAR OUR PROPOSED SECRWfAL SCREEN DPP MOP DOMED DMA+ \ P P A/C OUTS (I0POF 2) \1 . in 1 f TERTITY-STASH SOUTH ELEVATION SCALE: 3/16' - Y-OP PROPOSED 1910NR M IES 29' KGB LGH1 110105 D ODOUR WOMB 28' 1Mal4 LW STAHYRG (OPERATIONAL)MTEIPN SUPPORT NW SINT (OPIRAT01410 ASEAN* SUPPORT STRUCTURES (120 AZIYUM SECTOR 'C) STRUCTURES (SW OAR SECTOR '01 - WR SWARD WO RITOOBA L 10 - UpR STAMM AND ANTENNA COVER TO BE PARTED THE SWE CIX.CH BE PANTED THE SwF COLOR R0P0M LECW.NCAL SOREN PBV!IWNC PR A/C ROOF WONTEDWONTEDWX 0 x DRAFT NC urns (nP. OF P) PROPOSED BOLLARDS BEYOND %10PoSED 42. BG0IM05 (re. GP P) PROPOSED M UIR'*NEL SS UNOFRGROUHD DARE TRENCH rl THRIFTY —WASH IAVANHERIA T -r IL'GrNc PRIER w EUCLID AVENUE WEST ELEVATION SVAE 5n6' GRAPHIC SCALE (FEET) a 1 2 E 0 10 A magi E. 18TH STREET UNNERSIL DESIGNS AND CONSTRUCTION EctuRE !x?R0!6":,y,ti11c Yic1,c01 JL 0. 0ee, AV. D( 1,mynxT,Wuc0 a, PREPARED FOR ):c cingulaYr' 6110 CORNERSTONE COURT. SRITE 180 SW MT, carom 9$1$1 APPROVALS It, DAT 0 EWE CRTXVGT.[W Mrz SOT!1mw*0 wT< PROJECT NAME THRIFTY WASH PROJECT NUMBER SD 671-03 MS 18111 STRUT 'A' NNMRILL DIY. fA 9IP59 sW na0 2Mmxc DATES w/ymoi 1Tw4mmn a0 m s Kr., 10/14/o2 4AVNN RN.2 111/871 m R400I B1plrys mswmmu mv. s SHEET TITLE EXTERIOR ELEVATIONS ma1P/reswmw A-3.0 MEETING DATE April 15, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 30 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT PAT & OSCAR'S RESTAURANT AT PLAZA BONITA (APPLICANT: PAT & OSCAR'S) (CASE FILE NO.:,�CUP-2003-6) Roger Post PREPARED BY 336-4310 DEPARTMENT Planning g EXPLANATION The project site is Pat & Oscar's restaurant at Plaza Bonita, in the CSC-PD Commercial Shopping Center — Planned Development Zone. The 4,500 square foot restaurant is adjacent to the east entrance to the main mall building, and it includes 112 seats indoors and 80 outdoor seats in a covered patio area. The applicant proposes to sell beer and wine. Sales would take place during the regular store hours, which are no longer than 10:00 a.m. to 10:00 p.m. No construction is proposed as part of the Conditional Use Permit. At the Planning Commission public hearing on the item, one speaker opposed the item since children frequent the area, and a second speaker asked that stricter conditions of approval be applied to the business. The Commission discussed the location of the patio area adjacent to a primary mall entrance and the family - oriented nature of the business. Their history of compliance with alcohol regulations was confirmed by the California Department of Alcoholic Beverage Control. The Commission voted to approve the permit with the inclusion of standard conditions regarding alcohol sales and a training requirement for employees who serve alcohol. The Commission noted that alcohol is expected to comprise only 1% of their total sales. Environmental Review X N/ICategorical Exemption /Financial Statement N/A Approved Bys Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the application. Vote: Ayes — Carillo, Saludares, Flores, Baca, Martinelli, Reynolds, Graham \T Nays — Alvarado Absent — Pruitt ATTACHMENTS 1 Listed Below D Resolution No, L3._ 1. Planning Commission Resolution 2. Location Map . Site photos 4. Applicant's plans A-200 (9 99) RESOLUTION NO. 7-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT PAT & OSCAR'S RESTAURANT AT PLAZA BONITA APPLICANT: PAT & OSCAR'S CASE FILE NO. CUP-2003-6 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Pat & Oscar's restaurant at Plaza Bonita at a duly advertised public hearing held on March 17, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-6, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 17, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an existing restaurant and requires no additional construction. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since the addition of alcohol sales at an existing restaurant is not expected to increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since it will be located approximately 500 feet from the nearest residential properties and will be subject to conditions that limit the sale of alcohol, restrict the hours that it will be available, and ensure that it remains accessory to the sale of food. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide opportunities to consume beverages that are often requested by consumers in a family restaurant setting. 3. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the incidental sale of beer and wine in a restaurant at 3030 Plaza Bonita Road, Suite 1106, as shown on the attached plans (Exhibit A, case file no. CUP-2003-6, dated 2/18/2003). 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. 4. Signs shall be posted in the patio dining area indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 5. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 6. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 8. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 9. No coin operated amusement devices shall be operated on the licensed premises. 10_ Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 12. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 13. Restaurant employees shall complete training regarding the service of alcohol before serving any beer or wine. This shall include either Responsible Beverage Server (RBS) training provided by the Responsible Health Coalition, Licensee Education on Alcohol and Drugs (LEAD) training provided by the California Department of Alcoholic Beverage Control, (ABC) or similar instruction provided by qualified individuals and recognized by ABC. Documentation regarding completion of such training shall be kept on the premises and made available to any Planning Department employee upon request. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 7, 2003, by the following vote: AYES: Carrillo, Saludares, Flores, Baca, Martinelli, Reynolds, Graham NAYS: Alvarado ABSENT: Pruitt ABSTAIN: CHAIRMAN SITE I' OTOS g—TA ¶ 11 y /U A EEEMO PIAPI. LOT 3 Q n LL251ep LNG EXISTING MALL TRASH AREA TRASH AREA NOT ENCLOSED PROPOSED PAT & OSCAR'S RESTAURANT 4500 SF T.I. WITH 1138 SF OUTDOOR PATIO FOP '.a 011• 4)Ip Y-Y f LOT 7 2 r!VP ETC 4.358 PARKING SPACES PROPOSED UNDERGROUND GREASE INTERCEPTOR PM NEIN np LOP ENT P FUTURE DEFT.RI SOME LEA PIR LUT12 LL PARKING 311p EXISTING SHOPPING CENTER SITE PLAN NOTE: FOR REFERENCE ONLY. IN-UNE T.! nnem sm. n,eutt SD1 ''�� li 4 _i1i10iiliil GENERAL NOTES aaa w.ev.n.o¢vu°RumPEIITEu e. xoA. unR]. nC.uAaNaaaew was w:t [sTi raoe.!.meauna.u4rIMA m ST [iwo SANITATION NOTES APo S,'A wttvanaome•raa mvuv+0. uum .w wCnav MOM LTAT:PMCVIVAren`i RESTROOM HANDICAPPED NOTES MISCELLANEOUS NOTES $ HEALTH DEPARTMENT'S NOTES L ,OCR EwLOYO p0IGPR°ov5 M UIPLOHE RESTROOAR DRY STOORLE/ PREP OCAS WW(-!N COOLER ttvivrxt/ 5£°R°YNCxE /.vl45 FaSnif m. .'; OELIR.nlE OE°ORAn I CAPPn ROOM FINISH SCHEDULE n` COVSO 00000Y [P20 5% CORSET TNRAST Ou/ARv °nLL OF[CRA/A1 n0C RAn CREPE, WALLS ST/swN01 WALL ALNRNIM miILO/ i.R.P. ° COR.TRL Ls Lav-I 1 P.NNMLS "'"` E i.:e"0OR B.P PANELS w0n05 GEP AL5 AY6 PAINTED DRYWALL u.res P[unxxs •LL NACECE5OLT_IA COL°OIH MAIDSLY 0BEH1. eiLwoomn5 Awv e` on p vw. a° xnxuovs w/ A a/s =. ALL PA`N, IS OP °1ME0. iP16S MI,FAi. LS VSi➢ CN PALIS 0IT 0Y0M45 ix OR YE,pi IAGSiR9E1NLL B °LiM:-""IM-EO°tORL FHCN MP ISLECTK vnW[ Os 1°s cP °PGiFA. v.°nou'ERFPUL* ONLSiP AOL`n0L'POC : t o A'AIS 1 ... w1u. } ruuus.. io wimaemm �" EY'E .rzFIE: MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING San rNEgo SSrianlsJZ CSEVEnd rata. c4ciVEritiif @@iwte/i 4222 Eta Street San Diego, CA 92113 Mail: P.O. Box 326 National City, CA 91950 Tel. (619) 264-5384 April 14, 2003 Dear Mayor and City Council Members City of National City 1243 National City Boulevard National City, CA. 91950 Greetings to you. It is my understanding that during the month of April you will be considering to approve a license to sale alcohol to a business located at 151 North Highland Ave. in the city of National City. On behalf of seven hundred and thirty members of my church located at the above address I would like to express our concern and opposition to this licensing for the following reasons: 1. We want to keep our streets safe from the danger of drunken drivers. 2. Many elderly people walk to our services and they will be at risk from a drunk driver going to or coming from the store. 3. Our children live in the nearby and some of our young people visit the store of the applicant, and we would like to avoid exposing them to alcohol beverages. 4. Alcohol is a mayor factor in a domestic violence. 5. We believe that by licensing the applicant we well be decreasing the quality of life and the safety of our city. Therefore we appose to the licensing of the above mention applicant. Your thoughtful consideration to this very important matter well be greatly appreciated for the concern citizen of your constituency. Sincerely, r Yohalmo Saravia Senior Pastor City of National City Police Department 1200 National City Blvd., National City, CA 91950 Phone: (619) 336-4400 March 3, 2003 TO: Mr. Sarni Jihad RE: Crime Statistics in area of 151 N. Highland I have checked the computer for .1 mile radius and .5 mile radius of 151 N. Highland for crime occurring in that area for the period of 7/1/2002 to 3/1/2003. Nothing comes up. However, I checked the exact address and found 2 vehicle impounded — one off the street and one because the driver did not have a license. There was also a petty theft from the 151 Highland location in January 2003. • If you have any further questions, please do not hesitate to contact our department. Sincerely, SKIP D CERCHIO CHIEF OF POLICE Rosemary Koland Police Records Manager Recycled Paper 7 APR.14.2003 2:17PM NATIONAL CITY POLICE NO.742 P.2 City of National City Police Department 1200 National City Blvd., National City, CA 91950 Phone: (619) 336-4400 April 14, 2003 Dr. Sarni Jihad 900 Rancho San Diego P1cwy Ll Cajon, CA 92019 M. Jihad: Per your request, here are the crime statistics for 151 N. Highland Ave and the surrounding area. A Moth of a mile radius search is imtutted in the statistics below. This information is for the period of March 1- March 31, 2003. Assault with a deadly weapon 1 Stalking 1 Unlawful sexual penetration I Spousal abuse 1 Vandalism 1 Battery 1 Auto theft 3 Petty tbeit 2 Total: 11 From the above reports, only one crime occurred at 151 N. Highland Ave and it was the unlawful sexual penetration case. If you have any additional questions, please contact me at (619) 336-4542. Sincerely, SKIP DiCERCHIO CHIEF OF POLL Moth I(nnbbe Crime Analyst iffb Recycled Pager Paradise Valley Hospital ..Adventist Health April 5, 2003 Mayor Nick Inzunza City of National City 1243 National City Blvd. National City, CA 91950 Dear Mayor Inzunza: This letter is written in support of the Partners for Prevention and National City Alcohol, Tobacco, and Other Drug Task Force campaign to deny the granting of an alcohol license to the 7 Dias Market (151 No. Highland Avenue). Our coalition's study of the neighborhood area in which 7 Dias is located denotes a history of high crime activity, as stated by the National City Police Department. Additionally, the surrounding census tracts, which encompass that neighborhood area, demonstrate an overabundance of alcohol availability. The latter has increased the possibilities of harm, assault, and poor business practice in this area of the community. Not to mention the fact that a large percentage of injuries treated at our Hospital emergency room are alcohol and other drug related. Thus, we have been working with local residents for over 10 years now, to deter community - based problems related to alcohol and other drug use and abuse. We ask that the Council ultimately deny this application, to preserve that health and safety of National City residents. Thank you in advance for taking into consideration the concerns of area residents and stakeholders of this community, who have demonstrated shared leadership and responsibility to keep the community safe. Sincerely, Dana Richardson Manager Alcohol Availability 151 North Highland Ave., National City Offsale licenses Tract 118.02 bounda ouihBa -,a artnershrp` s,A, js n_�m.� 03/07/03 Alcohol Availability of National City Census Tracts Density Analysis Map 7 Dias Market Con cont rat iori offsale locations census tract 118.02 adjacent census tract boundaries streets freeway r,rrarii ft 411-SanGIS City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, April 15, 2003, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: AN APPEAL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 N. HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER, APPLICANT: ANDY HANNA, CASE FILE NO. CUP-2003-1. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. 130e 073 DAILD: April 1, 2003 w�9� hY vo7e �: A�insf Hree, . mt10140),e�+foot r ':r144 itt ' 92 Mic ael R. Da a, CMC City Clerk of t e City of National City, California titii.€421 Lout z. S endnik. .2.1a3O9SQ,d.4}9 ® Recycled Paper Vista del Sol Family Resource Center Service Report FY 2003 - 04 Title Of Service June July Aup. Sept. Oct. Nov. Dec. Jan. Feb. Particpants it h SeS i'fcLOSOUllieJ BET 5 ,. 7 }14 - 229- ii! :' 172 2Zt. 1$2* J .Is1 t1J , 124 $1 ffei 1.401._,.. ll 1811 INu 721 SOF ` 321 (lei OtaJvorii O2J Siummer0 T I l 1 i i Hope Through Housing Foundation Vista del Sol Program Budget FY 2003/04 Revenue Social Programs Fee ($10/door) Hope Through Housing Foundation Expenses 15,840 75,122 Total Revenue 90,962 Administrative 27,150 (5% of ED; 10% of Deputy Director; 35% of Senior Program Officer Hope Programs (Jingle Bell Dreams, Thanksgiving, Summer Camp) 7,222 National City Collaborative (see detail below) 55,390 Telephone / DSL 1,200 Total Expenses 90,962 Proposed Budget: National City Collaborative FY 2003/04 PERSONNEL FTE Program Assistant t00%o 25,000 Community Mobilization Specialist 20% 8,000 Child Care Coordinator 25% 5,000 Care Coordination 5% N/A FRC Director 20% 14,690 Personnel Subtotal 52,690 PROGRAM SUPPLIES Child Enrichment *After School Program Crafts for adults Sewing Class Cooking/nutrition classes Paper for computer labs Special celebrations Miscellaneous N/A 200 500 500 500 500 500 Subtotal of supply costs * After School program will not be provided by National City Collaborative after FY 2003/04. 2,700 Total 55,390 Tab No. Organization 2003-2004 CDBG AND HOME REQUESTS Program CDBG Allocation $ 1,351,000.00 HOME Allocation $ 670,160.00 Amount Amount of Council Funding 1 CDC/City CDBG Administration and Planning $ 75,000.00 $ - 8 Community Youth Athletic Center Program Development $ 60,000.00 2 City of National City - Building and Safety Graffiti Removal (25%) $ 31,328.00 17 City of National City - Public Library Literacy Services $ 47,250.00 28 MAAC Project Human Services $ 25,000.00 19 City of National City - Parks and Recreation Tiny Tots $ 18,000.00 13 Operation Samahan Youth-2-Youth $ 59,153.00 20 City of National City - Parks and Recreation Swim Program $ 21,000.00 7 Boys and Girls Club of National City Afterschool Transportation Program $ 15,725.00 5 PASACAT Asian Pacific Arts, Co. Focus National City $ 15,000.00 14 United Fil-Am Senior Citizens of San Diego Senior Services in National City $ 5,000.00 27 Young Life Young Life Summer and Winter Camps $ 30,000.00 21 Trauma Intervention Program Services T.I.P.S. $ 8,000.00 26 Critical Hours Program National City Critical Hours Program $ 25,000.00 12 Interamerican College Operation Self-sufficiency $ 20,000.00 22 Occupational Training Services Resident Services at Park Villa $ 75,000.00 3 Southwest Center for Asian Pacific American LaN. Legal Services and Education $ 50,000.00 Tab No. Organization Pro ram Amount Amount of Requested Council Fundi 4 New Beginnings Church 2 Steps Ahead $ 7,400.00 18 Paradise Creek Education Park, Inc. Little Salt Marsh Schoolhouse $ 19,000.00 31 National School District Adult Crossing Guards at Las Palmas and Olivewood Schools $ 5,000.00 6 The Charles I. Cheneweth Foundation Community Access Program $ 6,800.00 11 Lutheran Social Services of Southern California Shared Housing $ 8,660.00 16 Labor's Community Service Agency National City Home Security Program/Value in Home Security $ 45,000.00 10 San Diego Inner-city Junior Golf Foundation Inner-city Juvenile Crime Prevention $ 19,926.00 25 South Bay Community Services Rental Assistance Program $ 5,000.00 24 Save our Youth's Lives Save our Youth's Lives $ 97,000.00 43 PASACAT Asian Pacific Arts, Co. National City Festival of Lights $ 17,000.00 Amount Available for Public Services (15% Cap) $ 202,650.00 Total Allocated $ - Difference $ 202,650 00 37 MAAC Project MAAC Project Office Renovation $ 125,000.00 32 City of National City - Building and Safety Graffiti Removal (75%) $ 93,987.00 29 San Diego County Hispanic Chamber of Commerc Diverse Emerging Vendor Outreach Program $ 10,000.00 38 Operation Samahan Capital Improvements $ 80,000.00 41 National City Living History Farm Preserve New Bathroom/Lavatory $ 10,000.00 34 City of National City - Building and Safety Code Enforcement Pilot Program Matching Funds $ 50,000.00 Tab No. Organization Program Amount Amount of Requested Council Funding 42 CDC -Senior Nutrition Center Dining Room Interior Improvements $ 50,000.00 33 City of National City - Building and Safety Housing Inspection Program $ 36,300.00 15 AABCA, Inc. Illegal Garage Conversions Informational Program $ 15,000.00 35 Community Development Commission Historic Kimball House Renovation $ 150,000.00 30 South County Economic Development Council .3uuur wunLy rarurersnip ill LurnrrrurnLy Development and Business Assistance $ 15,000.00 40 San Diego Capital Collaborative San Diego Reinvestment Task Force $ 50,000.00 23 Urban Corps of San Diego National City Community Project $ 75,000.00 36 The Diversity Group Employment Training and Placement Center $ 19,926.00 39 Community Food Bank of National City Community Food Bank of National City New Location $ 500,000.00 N 53 Y City of National City - Parks and Recreation Amount Requested for Economic Development yr' Las Palmas Pool Rehabilitation $ 951,937.00 $ 70,000.00 58 CDC/City National City Villages Master Planning $ 50,000.00 46 City of National City - Fire Department Fire Apparatus $ 56,000.00 44 Community Development Commission National City Boulevard Streetscape (7th to 12th) $ 1,000,000.00 45 City of National City- Fire Department Fire Equipment $ 59,800.00 59 CDC/City National City Villages Master Planning Implement $ 250,000.00 47 City of National City - Engineering/Public Works Installation of Pedestrian Ramps $ 150,000.00 52 City of National City - Engineering/Public Works Granger Music Hall Parking Lot Resurfacing Projec $ 20,000.00 48 City of National City - Engineering/Public Works Miscellaneous Storm Drain Improvements $ 50,000.00 56 City of National City - Parks and Recreation Scoreboard at Camacho Center $ 9,000.00 Tab No. Organization Program Amount Amount of Requested Council Fundin 54 City of National City - Parks and Recreation Fencing at Kimball and Las Palmas Park $ 20,000.00 51 City of National City - Engineering/Public Works Alley Improvements $ 125,000.00 50 City of National City - Engineering/Public Works Street Widening at Las Palmas Park $ 75,000.00 49 City of National City - Engineering/Public Works Miscellaneous Concrete Improvements $ 100,000.00 Total Amount Available for CIP and Economic Development $ 1,148,350.00 Total Allocated $ - Difference $ 1,148,350.00 .. W 65 MAAC Project Housing Counseling ft Financial Literacy Program $ 30,000.00 60 CDC Administration $ 63,000.00 63 Christmas in July Home Repair/Rehabilitation $ 75,000.00 61 CDC - CHDO Sponsored Assist in Production of Affordable Housing $ 492,000.00 64 The Charles I. Cheneweth Foundation Residential Home Project $ 100,000.00 Amount Available for HOME $ 670,160.00 Total Allocated $ - Difference $ 670,160.00 Preserving History... Shaping the Future Community Development Commission of National City .US TABLE OF CONTENTS I. FY 2003/2004 ACTION PLAN 3 A. Housing and Community Development Resources: 3 II. PRIORITY NEEDS ASSESSMENT OF THE CITY OF NATIONAL CITY — 2003/2004 ANNUAL ACTION PLAN 6 Priority: Preservation and Maintenance of Existing Housing: 6 A.Five - Year Objectives. 6 B Proposed FY 2003/2004 Activities: 6 C.Activities Completed in FY 2002/2003: 7 Priority: Housing Assistance. 9 A.Five-year Objectives: 9 B.Proposed FY 2003/2004 Activities: 9 C.Activities Completed in 2002/2003• 10 Priority: Housing Production. 11 A.Five-year Objectives: 11 B.Proposed FY 2003/2004 Activities: 11 C.Activities Completed in FY 2002/2003. 11 Priority: Support Services for the Homeless and Near Homeless: 12 A.Five-Year Objectives. 12 BProposed FY 2003-04 Activities. 12 C.Activities Completed in FY 2002/03: 13 Priority: Expand Economic Development and Employment Opportunities: 14 A.Five-Year Objectives. 14 B.Proposed FY 2003-04 Activities: 14 C.Activities Completed in FY 2002-03• 16 Priority: Improve and Provide Public and Community Facilities, and Make Necessary Infrastructure Improvements to Serve Low and Moderate Income Persons: 18 A.Five-year Objectives: 18 B.Proposed FY 2003-04 Activities. 18 1.CAPITAL IMPROVEMENT PLAN: 18 2COMMuNrry FACILITY PROJECTS: 18 C. Activities Completed in 2002-2003• 18 Priority: Provide Needed Public and Community Services for Low and Moderate Income Persons and those with Special Needs: 20 A.Five-year Objectives: 20 B.Proposed FY 2003/2004 Activities: 21 C.Activities Completed in FY 2002-2003• 21 HUD Consolidated Plan — Annual Plan 2003/2004 Page 1 Community Development Commission of National City III. HOMELESSNESS AND OTHER SPECIAL POPULATIONS 23 A. Homeless Prevention: 23 B. Emergency Shelter/Transitional Housing: 23 C. Permanent Housing' 23 IV. ANTI -POVERTY STRATEGY 24 V. EVALUATE AND REDUCE LEAD -BASED PAINT HAZARDS 25 VI. IMPEDIMENTS TO FAIR HOUSING: 26 VII. MONITORING: 27 VIII. CONTINGENCY PLAN: 28 IX. HOME ASSISTED PROGRAMS 29 A. RESALE PROVISIONS FOR HOME OWNERSHIP ACTIVITIES 29 B. OTHER FORMS OF INVESTMENT 29 C. MINORITY/WOMEN'S BUSINESS OUTREACH 29 X. SUMMARY OF CITIZEN PARTICIPATION 30 XI. OBSTACLES TO MEETING UNDERSERVED NEEDS* 31 XII. FOSTER AND MAINTAIN AFFORDABLE HOUSING 32 XIII. ENHANCE COORDINATION BETWEEN PUBLIC AND PRIVATE HOUSING AND SOCIAL SERVICE AGENCIES 33 XIV. PUBLIC HOUSING NARRATIVE 34 XV. PROGRAM REQUIREMENTS 35 XVI. HOME PROGRAM 36 TABLE I: PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR 4 TABLE II: 2003/2004 Proposed programs and projects 37 HUD Consolidated Plan — Annual Plan 2003/2004 Page 2 Community�f �,nsion of NationalCity I. FY 2003/2004 ACTION PLAN The 2003 — 2004 Action Plan implements the fourth year of the Five -Year Consolidated Plan. This Plan outlines the action steps that National City will take to address community development and housing needs in the City. The Plan includes a listing of all proposed projects/program activities and funding (TABLE II and APPENDIX A) that the City will undertake during Fiscal Year 2003-2004 (July 1, 2003 through June 30, 2004) utilizing Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME) funds and the Section 108 Loan Program. A. Housing and Community Development Resources: National City has access to a variety of federal, state and local resources to achieve its housing and community development priorities. Table I summarizes the major sources of funding available to carry out housing and community development activities in National City. Specific funding sources will be utilized based on the opportunities and constraints of each particular project or program. The City's goal is to leverage federal and local funds to maximize the number of households that can be assisted. Specifically, in FY 2003-2004, National City has access to the following: • Community Development Block Grant (CDBG): $1,351,000.00 • Home Investment Partnership Act Funds (HOME): $ 630,000.00 • Redevelopment Tax Increment • Redevelopment: $5,200,000.00 • Low/Moderate Income Housing Redevelopment: $1,300,000.00 • Section 8 Rental Assistance: $6,000,000.00 • Rehabilitation Loan Program: $ 500,000.00 HUD Consolidated Plan — Annual Plan 2003/2004 Page 3 Community Development CommissIOn of National City TABLE I: PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES Program Name Description Eligible Activities 1a. Federal Programs - Formula/Entitlement HOME Flexible grant program awarded to the City as part of a county consortium on a formula basis for housing activities. • New Construction • Acquisition • Rehabilitation • Home Buyer Assistance • Rental Assistance Community Development Block Grant Grants awarded to the Cityon a formula for housingnd community basis for pmenactivities. • Acquisition • Rehabilitation • Home Buyer Assistance • Economic Development Homeless Assistance • Public Services lb. Federal Programs — Competitive Supportive Housing Grant (SuperNOFA) Grants to improve quality of existing shelters and transitional housing; increase shelters and transitional • Homeless Assistance (Acquisition, New Construction, Rehabilitation, Conversion, Support Services) Section 8 Rental Assistance Program Rental assistance payments to owners of private market rate units on behalf of very low-income tenants • Rental Assistance Section 202 Grants to non-profit• developers of supportive housing for the elderly. • Acquisition Rehabilitation • New Construction • Rental Assistance • Support Services Section 811 Grants to non-profit developers of supportive housing for persons with disabilities, including group homes, independent living facilities and • Acquisition • Rehabilitation • New Construction • Rental Assistance Section 108 Loan Provides loan guarantee to CDBG entitlement jurisdictions for pursuing large capital improvement or other projects. The jurisdiction must pledge its future CDBG allocations for repayment of the loan. Maximum loan amount can be up to five times the entitlement jurisdiction's most recently approved allocation. Maximum loan Acquisition q • Rehabilitation Home Buyer Assistance • Economic Development • Homeless Assistance • Public Services 2. State Programs Emergency Shelter Program Grants awarded to non-profit organizations for shelter support Support Services Mobile Home Park Conversion Program (M Prop). Funds awarded to mobile home park tenant organizations to convert mobile -home parks to resident • Acquisition • Rehabilitation California Housing Finance Agency (CHFA) Multiple Rental Housing Programs. Below market rate financing offered to builders and developers of multiple- family and elderly rental housing. Tax-exempt bonds provide below- market mortgage money. • New Construction • Rehabilitation • Acquisition of Properties from 20 to 150 units HUD Consolidated Plan — Annual Plan 2003/2004 Page 4 Community Development Commission of National City TABLE I (Continued) Public and Private Resources Available for Housing and Community Development Activities Mortgage Credit Certificate Program Income tax credits available to first- time homebuyers for the purchase of new or existing single-family housing. Local agencies (County) make certificates available. • Home Buyer Assistance Low Income Housing Tax Credit (LIHTC) California Housing Rehabilitation Program - Owner Component (CHRP- O) 3. Local Programs National City Community Development Commission Revolving Fund Tax 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 substandard homes owned and occupied by lower -income households. City and non -profits sponsor housing rehabilitation projects. 20 percent of Agency funds are set aside for affordable housing activities governed by state law. 4. Private Resources/Financing Programs Federal National Mortgage Association (Fannie Mae) Loan applicants apply to participating lenders for the following programs: • New Construction • Rehabilitation • Acquisition • Rehabilitation • Repair of Code Violations, Accessibility Improvements, Room Additions, General Property Improvements • Acquisition • Rehabilitation • New Construction a. Community Home Buyers Program Fixed rate mortgages issued by private mortgage insurers. • Home Buyer Assistance b. Community Home Mortgage Improvement c. Fannie Neighbors Savings Association Mortgage Company Inc. (SAMCO) Mortgages, which fund the purchase and rehabilitation of a home. Low Down -Payment Mortgages for Single -Family Homes in underserved low-income and minority communities. Pooling process to fund loans for affordable ownership and rental housing projects. Non-profit and for profit developers contact member institutions. • Home Buyer Assistance • Rehabilitation • Home Buyer Assistance • New Construction of single family and multiple family rentals, cooperatives, self help housing, homeless shelters, and group homes for the disabled. California Community Reinvestment Corporation (CCRC) Non-profit mortgage banking consortium designed to provide long- term debt financing for affordable multi -family rental housing. Non-profit and for profit developers contact member banks. • New Construction • Rehabilitation • Acquisition Neighborhood National Bank Federal Home Loan Bank Affordable Housing Program Community -based lending institution focusing on local business (per Community Reinvestment Act) Direct Subsidies to non-profit and for - profit developers and public agencies for affordable low-income ownership and rental projects. Source: Cotton/Bridges/Associates, Inc., 2000. • Financial assistance to local businesses, which will result in job creation and retention. • New Construction HUD Consolidated Plan — Annual Plan 2003/2004 Page 5 Community Daebpmmc Commission of National City II. PRIORITY NEEDS ASSESSMENT OF THE CITY OF NATIONAL CITY — 2003/2004 ANNUAL ACTION PLAN Priority: Preservation and Maintenance of Existing Housing: Supporting Rationale: Given the City's aging housing supply, conservation of the housing stock is necessary to avoid a degree of physical decline that would require larger rehabilitation efforts in the future to restore quality and value. It is also important to preserve the affordable housing units in the City to maintain adequate housing opportunities for all residents. A. Five - Year Objectives: • Provide rehabilitation assistance to 200 owner households of lower and moderate income. • Provide assistance to rehabilitate 50 rental units. • Support the rehabilitation/repair of 75 low-income homes through the Christmas in July Program. • Pursue 100 percent enforcement of Property Conservation and Community Appearance Code and on -site management requirements for apartment complexes of nine or more units. B. Proposed FY 2003/2004 Activities: 1. Home Improvements Loan Program: The CDC provides two home improvement loan programs to owner households: one loan program for low-income households at a 3.0 percent interest rate and one loan program for moderate income families at a 6.0 percent interest rate, both at a maximum loan amount of $25,000. In addition, there is a Deferred Loan Program of up to $4,500 at 3.0 percent interest where the loan is deferred until the end of the mortgage or when the property is sold. The programs are made possible through Redevelopment Set -Aside funds with a total amount of $400,000. It is projected that 35 households will benefit from the program in FY 2003/2004. 2. Rental Unit Rehabilitation Program: The CDC offers favorable rehabilitation loans (usually at 6.0 percent interest for a 15-year term) for rental owners to make necessary improvements. The proposed funding source is Redevelopment Set -Aside funds in the amount of $100,000. It is projected that 5 households will benefit from this program for fiscal year 2003/2004. HUD Consolidated Plan — Annual Plan 2003/2004 Page 6 Community Development Commission of National City 3. Community Housing Development Organizations/"Christmas in July" Volunteer Program: The CDC helps sponsor the non-profit volunteer program each year through HOME funds to assist senior citizen households and individuals who have a developmental and/or physical disability. This program assists lower income households in making necessary repairs to their homes. It is projected that this program will assist 15 to 20 National City Homes, rehabilitate 2 to 4 non-profit buildings or public areas and conduct year round home repairs, with the assistance of HOME funds. This year, Christmas in July has requested $75,000 in HOME funds. 4. National City Building and Safety Department - Housing Inspection Program: This program was implemented under National City's Building and Safety Department to reduce blight conditions and improve the quality of life of residents by identifying all single family and duplex rental units and ensuring that they are in compliance with the State Housing Law. A projected 4,800 total units will be served in FY 2003/04. 5. Code Enforcement Pilot Program: The National City Building and Safety Department implemented a Code Enforcement Pilot Program to educate the public and landlords on the importance of maintaining their rental units in accordance with the State Housing Law. Funds were utilized in target neighborhoods for various improvements such as installing streetlights, repairing and improving curbs and alleyways. This program leveraged $50,000 of CDBG funds with matching state grant funds in the amount of $300,000. C. Activities Completed in FY 2002/2003: 1. 9 homeowners utilized the Home Improvement Loan Program. 2. No apartment units were assisted through the Rental Unit Rehabilitation program. 3. National City Building and Safety Department - Housing Inspection Program: In FY 2002/03 CDBG funds were used for a full time Housing Inspector to be used in conjunction with Code Enforcement Program. 4. The Christmas in July program assisted 21 low-income households through rehabilitation of their home. HUD Consolidated Plan — Annual Plan 2003/2004 Page 7 Community A..4y.•^at Commission of National City 5. Summercrest: The Related Companies of California and Las Palmas Foundation purchased Plaza Manor with the intent of maintaining the 372-unit complex's affordability to low-income families and senior citizens. There are 140 units of senior housing and 232 units of housing for families. The CDC worked with The Related Companies and contributed funds in the amount of $500,000 ($240,200 from HOME funds and $259,800 from Low/Mod funds) for property rehabilitation and the construction of a senior center. In addition, the property owners retained the services of the National City Family Resource Center to provide on -site social service programs. HUD Consolidated Plan — Annual Plan 2003/2004 Page 8 Community� may. Priority: Housing Assistance: Supporting Rationale: In order to maintain a diverse and fiscally sound community, it is important to provide a variety of residential opportunities and assist renters and owners that are overpaying for housing. A. Five-year Objectives: 1. Conserve 614 units at -risk of losing affordability controls. 2. Retain 1,044 project -based Section 8 units. 3. Assist 1,044 households with tenant based Section 8 assistance. 4. Provide assistance to 150 households under the First -Time Homebuyers Assistance Program. 5. Assist 50 households with Mortgage Credit Certificate Program. B. Proposed FY 2003/2004 Activities: 1. Section 8 Rental Assistance Program: The Section 8 rental assistance program extends rental subsidies to very low-income families and persons that spend more than 30 percent of their income on rent. The subsidy represents the difference between the excess of 30 percent of the monthly income and the actual rent. The CDC provides the Section 8 Housing Choice Voucher Program. HUD has implemented this program making Section 8 participants responsible for paying at least 30 percent of their adjusted income toward rental payments. For 2003-04, the City's objective is to continue to assist 1,044 households with tenant based Section 8 Housing assistance with approximately $5.4 million dollars from HUD. 2. First -Time Homebuyers Assistance Program: This program provides financial assistance through loans and/or grants to help buyers with down payments, closing costs, mortgage insurance premiums, and a silent second trust deed loan program. Under the silent second program, the loan amount is "silent", meaning that there are no payments on the second mortgage until the loan comes due. The silent second can provide a loan of 15 percent of the purchase price, up to $15,000 depending on household income. Requiring payment of the loan when the home is sold, transferred, or refinanced, or at the end of 30 years ensures continued affordability. HOME funds will be used for low-income households (80 percent or less than the County median) and Redevelopment Set -Aside funds will be used for moderate -income households HUD Consolidated Plan — Annual Plan 2003/2004 Page 9 C mnnityu...lh.o..at Commission of National City (80 to 120 percent of the County median). Due to the rising housing prices, the window of opportunity for low income homeowners to qualify for loans decreased. In light of this, there are remaining prior year funds. For 2003- 2004, it is proposed to work with the remaining funds and revamp the program to allow us to assist households under 80 percent of the median income. 3. Mortgage Credit Certificate (MCC) Program: The Mortgage Credit Certificate Program will continue to be available to residents of National City. This program provides first time homebuyers with a direct credit toward federal income tax that can increase the homebuyer's purchasing power due to a reduced federal income tax burden. Availability of the certificates locally requires obtaining allocations from the State Mortgage Bond Allocation Committee, which is in turn limited by federal law in the amount if MCC's and bonds that it may allocate. However, most National City homebuyers do not qualify for the tax credit due to their low level of income. C. Activities Completed in 2002/2003: 1. Section 8 Rental Assistance: The CDC provided 1,044 families with tenant based rental assistance. 2. 13 households were assisted through the First Time Homebuyers Program. 3. Due to the rising housing prices, no low-income homeowners were able to qualify for the tax credit. HUD Consolidated Plan — Annual Plan 2003/2004 Page 10 Community , Commission of National City Priority: Housing Production: Supporting Rationale: The San Diego region is anticipated to continue experiencing substantial economic and population growth. It is important that the City of National City help to provide new housing opportunities for all income levels to provide a balanced community. A. Five-year Objectives: 1. Acquire, rehabilitate and/or construct 225 affordable housing units. B. Proposed FY 2003/2004 Activities: Construction of Affordable Housing Units include the following: 1. Fiq Court: Construction of in -fill single-family homes for sale to low and moderate income households; 2. Sheryl Lane: The CDC in conjunction with Habitat for Humanity will develop three single-family homes affordable to low-income families. 3. 30h Street Canyon: Continue planning and feasibility study for a senior housing project on the 30th and "D" Avenue. 4. North Highland Avenue: Urban Innovations, will construct 16 single-family detached 2-story homes on the Highland Avenue site. The homes will consist of a mix of 3 bedroom (approximately 1,650 sq. ft.) and 4 bedroom (approximately 1,850 sq. ft.) units. C. Activities Completed in FY 2002/2003: 1. Townsquare Row Homes (9th and "A"): Six live/work housing units were developed in downtown National City in partnership with Wakeland Housing Development Corporation. Two of the six housing units were sold to moderate -income households. 2. Claremont Avenue: Three single-family homes were developed as affordable housing for moderate -income families. 3.16"' Street and Euclid Avenue: ("16th and Euclid"): One single-family home was developed and sold to a moderate -income family; HUD Consolidated Plan — Annual Plan 2003/2004 Page 11 Community Development Commission of Natiouui City Priority: Support Services for the Homeless and Near Homeless: Supporting Rationale: While both the census and the Regional Task Force on the Homeless indicate that there is only a small homeless population in National City, the City recognizes that extremely low-income households are at -risk of becoming homeless. Homeless families and individuals generally need services and facilities including emergency shelter, transitional housing, and supportive services to reintegrate them with their families or enable them to live independently. A. Five -Year Objectives: 1. Contribute all received FEMA funds to the County's FEMA Homeless Program. 2. Amended the zoning ordinance to allow emergency shelters and transitional housing. 3. Provide and improve services at the Community Food Bank of National City and other local service providers. 4. Evaluate the needs of homeless persons and provide and improve services related to the homeless population and those at -risk of becoming homeless. B. Proposed FY 2003-04 Activities: 1. Contribute a proposed amount of CDBG funds to be determined by Countv's FEMA Homeless Program: In December 2002, the County's FEMA Homeless Program determined a proportionate amount of funding from each City to provide shelter for the county's homeless population. For 2003-04, it is proposed that the City contribute its share of funding in the amount of $5,000 to assist the homeless population in the San Diego County including National City. 2. Provide a continuum of care services to the residents in National City targeting the homeless population and those who are at risk of becoming homeless: The CDC will continue to evaluate the needs of homeless persons to provide and improve services related to the homeless population and those at -risk of becoming homeless. This will include working in a coordinated effort with public service agencies. For example, South Bay Community Services and National City Collaborative to address those needs. HUD Consolidated Plan — Annual Plan 2003/2004 Page 12 Community Development Commission ofNational nty C. Activities Completed in FY 2002/03: 1. CDC funding in the amount of $8,420 was contributed to the County's FEMA Homeless Program. These funds assisted the county in providing shelter for the homeless throughout the County including National City. HUD Consolidated Plan — Annual Plan 2003/2004 Page 13 Community Development Commission of National City Priority: Expand Economic Development and Employment Opportunities: Supporting Rationale: National City works actively with the business community to maintain a strong economic base. The following programs are intended to address the needs of the business community while creating employment opportunities for persons living in National City. A. Five -Year Objectives: 1. Assist in the replacement and construction of infrastructure in commercial and industrial areas. 2. Consider pursuing Section 108 loans to expand economic development activities. B. Proposed FY 2003-04 Activities: 1. City Master Planning: The Master Plan "vision" will provide a format for long and short range focus projects. Neighborhoods will be highlighted to bring out their distinctive contribution to the city. Some neighborhoods, or districts will receive recognition by signage and banners, others by a combination of street improvements and or formation of Business Assessment Districts. Redevelopment activities may also include the acquisition of property, fagade loan and grant program and the construction of public fine arts projects. 2. Commercial/Industrial Infrastructure Development: The City will provide assistance in low and moderate -income areas for the infrastructure development and improvement. For example, it is proposed that streetscape along National City Boulevard be continued from 7th through 12th Street. This includes revitalization as it is a major commercial street in the City. The City also anticipates purchasing parkland for a blighted neighborhood. 3. National City's Education Village: Environmental remediation of the site will continue into FY 2003-04. Construction will begin by August of 2003. First phase of the development will consists of approximately 75,000 square feet consisting of two education buildings and a 450 space parking structure. One building will house Southwestern Community College and San Diego State University classrooms, office and retail space. The other building will house classrooms and office space for the San Diego County Office of Education. The retail space will be approximately 10,000 s.f. and consist of a convenience store, HUD Consolidated Plan — Annual Plan 2003/2004 Page 14 Community Uevcbpmcnt Commission of National City bookstore and various eateries. The southern portion of the project along Plaza Boulevard will be developed as a surface parking lot for approximately 80 vehicles. 4. New Library: Begin construction of the new National City Public library at 1401 National City Boulevard. 5. Continue Master Plan Study for the redevelopment of the Downtown area. 6. National City Harbor District: For FY 2003/04, the CDC plans to undergo the following revitalization activities: a. Complete the development and design guidelines for the Harbor District Master Plan; b. Complete Bay Marina Drive (formerly 24th Street) road widening project enhancing the gateway entrance into the Harbor District; c. Demolish and perform remediation on 2501 Cleveland Avenue reducing blight and protecting Health and human safety; d. Re -vegetate the North fill bank of Paradise Marsh, part of the Sweetwater Marsh Wildlife Refuge; e. Seek a developer for a commercial/tourist development for the CDC owned property located at 2501 and 2510 Cleveland Avenue; f. Seek a developer for commercial uses for the CDC -owned property at 720 W. 23rd Street; Implement Disposition and Development Agreement for the development of a new 5,000 square foot manufacturing building at 2131 Harrison Avenue. g. h. Remove 17,000 square foot building located at 823 W. 23`d Street and replace it with a landscaped parking lot. i. Install new curbs, gutters, sidewalks and landscaping in accordance with new development. Begin dredging of the National City Marina. HUD Consolidated Plan — Annual Plan 2003/2004 Page 15 Commwity➢evebpmm[ Commission of National City k. Enter into Owner participation Agreements with Reliance Metal Center. I. Remediate and market 720 and 830 W. 23`d Street, 835 and 839 Bay Marina Drive and 2300 Cleveland Avenue for Commercial development m. Define area for inclusion into the San Diego enterprise zone to help stimulate job growth and training 7. Walmart: Assist in the process of the development of the former Fedco site with a new Walmart; ensure the redevelopment is consistent with the terms of the National City Redevelopment Plan. 8. Plaza Bonita: Development of a "Big -Box" retailer on the 15 acres adjacent to Plaza Bonita. C. Activities Completed in FY 2002-03: 1. City Master Planning: In December of 2002 the CDC retained the services of Dr. Rebecca Morales, an urban and regional advisor on economic and design issues, to assist the City in creating a master plan, including specific planning of sub -areas. 2. Education Village: The CDC completed the purchase and demolition of the properties along National City Boulevard (7th Street to Plaza Boulevard) in addition to the environmental remediation in preparation for the construction of Education Village. 3. New Library Site: Transferred property at 1401 National City Boulevard to the City of National City for the new Public Library site. The City of National City also secured matching grant funds from the State of California for the construction of the new library. 4. New Wal-Mart: The former Fedco Store was demolished and site grading was completed to prepare for the construction of a new Wal- Mart. 5. Plaza Bonita — Open Space: Approval of Disposition and Development Agreement with Diamond Development Corporation for the development of a "big -box" retailer on 15 acres adjacent to Plaza Bonita and for the expansion of the Shopping Center 6. Downtown revitalization: The National City Chamber of Commerce began construction of their new Office BuildingNisitor Center. HUD Consolidated Plan — Annual Plan 2003/2004 Page 16 Community version ent Communion of National City 7. Civic Center Drive/National City Boulevard Streetscape: This project began construction in 2000/01, it included the beautification of a major entranceway to the, City Civic Center Drive (from 12th Street to 14th Street. 8. Harbor District: The CDC completed the first phase of the Master Plan for the Central Harbor District. Activities includes the following: a. An Exclusive Right to Negotiate (ERN) was entered into for the Completed the development and design guidelines for the Harbor District Master Plan. b. Obtained a $750,000 grant from the Integrated Waste Management Board for the remediatation of the north fill bank of Paradise Marsh. c. Demolished 2501 Cleveland Avenue reducing blight and protecting Health and human safety; d. Issued a Request for Proposal to seek a developer for a commercial/tourist development of the 10-acre CDC owned property, know as Marina Gateway Place. A total of 10 Statements of Qualifications were submitted for the development of the development site. e. Implemented a Disposition and Development Agreement with Motivational Systems, Inc. for the development of a new 30,000 square foot manufacturing building at 2131 Harrison Avenue. This development included the removal of a 17,000 square foot building located at 823 W. 23`d Street and replacing it with a landscaped parking lot, Installation of new curbs, gutters, sidewalks and landscaping. f. Dredging of the National City Marina began. g. Entered into Owner participation Agreements with Reliance Metal Center. h. Defined area for inclusion into the San Diego enterprise zone to help stimulate job growth and training. HUD Consolidated Plan —Annual Plan 2003/2004 Page 17 Community Development Commission of National City Priority: Improve and Provide Public and Community Facilities, and Make Necessary Infrastructure Improvements to Serve Low and Moderate Income Persons: Supporting Rationale: The provision of a suitable living environment is a goal of the CDBG program. Adequate community facilities and infrastructure must be available to serve all residents of the City, including those of low and moderate income. A. Five-year Objectives: 1. Complete and implement a yearly Capital Improvement Plan to address infrastructure, ADA improvements and parks and recreational facility needs and funding. 2. Identify and prioritize community facility projects for funding. B. Proposed FY 2003-04 Activities: 1. Capital Improvement Plan: The City will implement a variety of capital improvements projects during FY 2003/04, which include: (Capital Improvement Projects to be funded pending April 1, 2003 City Council Meeting] 2. Community Facility Projects: The City is projected to assist in the construction or make improvements to the following public facilities with CDBG funding: [Capital Improvement Projects to be funded pending April 1, 2003 City Council Meeting] C. Activities Completed in 2002-2003: a. Civic Center Drive/National City Boulevard Streetscape was completed. The project included new ornamental lighting, re - pavement of the road and sidewalks and new landscaping. b. The Fire Department purchased fire equipment which includes: fire hoses, safety gear, wearing apparatus, rescue equipment, self-contained breathing apparatus, repair tools and components and related equipment. c. Building and Safety's Graffiti Removal program made 6,300 service calls to remove graffiti from public and private facilities. HUD Consolidated Plan — Annual Plan 2003/2004 Page 18 Community Development Cotmn"salon of National City d. HUD approved an extension to a Section 108 Loan for the construction/renovation of a new Fire Station. e. The National City Parks and Recreation Department purchased playground equipment. f. Installation of pedestrian ramps throughout the city. HUD Consolidated Plan — Annual Plan 2003/2004 Page 19 Community Development Commission of National City Priority: Provide Needed Public and Community Services for Low and Moderate Income Persons and those with Special Needs: Supporting Rationale: Public assistance is typically required to deliver community and supportive services for low and moderate -income households and persons with special needs. These populations tend to have less income at their disposal, may be unaware of services responding to their special circumstances, and may have difficulty with enrollment or eligibility procedures. National City will continue its efforts to fund public service programs offered by the City and other non-profit public service organizations to meet the social service needs of low and moderate income families and individuals. Those served by these programs include abused children, elderly, youth (particularly at -risk youth), battered spouses, and disabled persons. A. Five-year Objectives: 1. Continue to implement actions to address fair housing issues through the CDBG and HOME- funded activities. 2. Continue to ensure open, fair housing practices and sufficient resources are made available to assure informed housing consumers and suppliers. Annually evaluate the services provided by the fair housing counseling and enforcement organizations to ensure adequate and appropriate services are provided, and revise contracts as appropriate. 3. In new projects with 10 units or more, the CDC and FHCSD will encourage the training of staff in Fair Housing administration. 4. Evaluate the potential use of CDBG funds to provide and improve services and facilities for youth in National City. 5. Evaluate the potential use of CDBG funds to provide and improve community and special needs services. 6. Continue to implement the housing and community development programs and comply with all planning and reporting requirements of CDBG and HOME regulations. 7. Review the implementation of the Consolidated Plan programs and objectives and update the Action Plan annually. HUD Consolidated Plan — Annual Plan 2003/2004 Page 20 Community Development C nof City B. Proposed FY 2003/2004 Activities: (Capital Improvement Projects to be funded pending April 1, 2003 City Council Meeting] C. Activities Completed in FY 2002-2003: 1. Boys and Girls Club of National City After School Transportation Program: The City supported the Boys and Girls Club of National City by providing bus service to the Club. Activities available include computer time, educational games, reading, spelling bees and math flash card contest. The projected total youth served by the Transportation program was 27,935. CDBG funds contributed to this program was in the amount of $15,725. 2. CDC Nutrition Program: This program helps frail and low-income elderly residents to maintain independent living through the provision of nutritious meals, social interaction and daily contact. Included in the project is a congregate site, a satellite site and a home delivered meals program. Approximately 260 seniors attend the congregate site from Monday thru Friday. Approximately 100 seniors are served through the home delivered meals program and an additional 70 breakfasts are served to homebound meal recipients. Over 100,000 meals were served this year. CDBG funds in the amount of $27,150 were contributed to this program. 3. National City Building and Safety Department Graffiti Removal Program: The Building and Safety Department hired a full-time employee dedicated to removing graffiti on public and private property in low and moderate - income portions of the City. This program aids in the reduction of blight throughout National City and made approximately 6,300 service calls to remove graffiti. The Graffiti removal program provides outreach by posting a Graffiti removal hotline in newsletters that are distributed to public agencies. CDBG funds in the amount of $53,500 were contributed to the program. 4. National City Parks and Recreation Department -Swim Program: The Parks and Recreation Department swim program provided swimming lessons for National City residents, ages 4 to adults, at the community pool located at Las Palmas Park. Approximately 900 National City HUD Consolidated Plan — Annual Plan 2003/2004 Page 21 Community Development C mts.ion of National City residents benefited from the swim programs. CDBG funds in the amount of $21,000 were contributed to the program. 5. National City Parks and Recreation Department -Tiny Tots Program: The Tiny Tots program held at El Toyon Recreation Center consists of three ten -week sessions that meet twice a week. The goal of the program is to prepare four year olds for elementary school. This program provided service to approximately 120 youth with the assistance of CDBG funds in the amount of $18,000. 6. National City Public Library Literacy Services: The Library Literacy Service Program offered the following: a) an Individual English Language Adult Tutoring Program; b) a Community Computer Center; and c) a Family Literacy Program (PATerns) which develops lifelong learning skills in families with preschool children. This program served approximately 7,750 National City residents and received $45,000 of CDBG funds. 7. National City Collaborative - National City Critical Hours Program: This program included a collaboration with the South Bay Community Services organization whose mission is to reinforce the family's role in the community. This is addressed through services and activities that included counseling, after -school programs, a continuum of shelter options for youth and families, drug and alcohol abuse recovery programs, and family violence prevention. This program served approximately 700 youth and received $25,500 from CDBG funds. 8. Community Youth Athletic Center (CYAC): The center provides youth with athletic activities, counseling and tutoring. As a requirement to remain in the program, an acceptable Grade Point Average must be maintained. 1,500 youth were served this fiscal year. CYAC received CDBG funds in the amount of $40,000. 9. National City Trauma Intervention Program Service: Through volunteers, this program provided support to emotionally traumatized citizens immediately after tragedy strikes (accidents, natural or unexpected deaths, crimes). TIPS received $7,000 in CDBG funds. HUD Consolidated Plan — Annual Plan 2003/2004 Page 22 Community Development Commission of National ay 111. HOMELESSNESS AND OTHER SPECIAL POPULATIONS The Regional Task Force on the Homeless produced a report on August 1999 stating that there are approximately 100 homeless individuals in National City. It is projected that in 2001, the numbers have increased. The CDC will address the issues of homelessness and at those at risk of homelessness by a continual care service approach. A. Homeless Prevention: Non-profit and public service providers help mitigate homelessness by serving both the homeless and at -risk populations. The following programs help to prevent homelessness: 1. National City Community Food Bank 2. National City Senior Nutrition Program 3. National City Critical Hours Program 4. Fair Housing Council of San Diego 5. Southwestern Center for Asian Pacific American Law 6. Section 8 Rental Assistance: Morgan and Kimball Tower B. Emergency Shelter/Transitional Housing: 1. Shelter Opportunities through Critical Hours Program. 2. CDC Contribution of funds in the amount of $5,000 to the County of San Diego's Cold Weather Shelter Voucher Program. 3. Shelter and case management services to families who are homeless through South Bay Community Services' Casa Nueva Vida. C. Permanent Housing: 1. Section 8 Rental Assistance —Tenant Based and Project Based (1,044 units). 2. Morgan and Kimball Towers (380 units). 3. Park Villa Apartments (268 units). HUD Consolidated Plan — Annual Plan 2003/2004 Page 23 Community 0. . p.urt Commission of National City 4. Paseo Del Sol (132 units). 5. Summer Crest Apartments (372 units). IV. ANTI -POVERTY STRATEGY The City will address poverty issues through economic development and job training programs. The following programs will be supported: 1. Cal WORKS; 2. GAIN Remediation: Adult Deliverers (G.R.A.D. Consortium); 3. National City Redevelopment Project; 4. National City Chamber of Commerce Economic Development Committee; 5. Regional Occupational Program; 6. San Diego Workforce Partnership; 7. National City Higher Education Center and expanded Education Village project; and, 8. Assisted Housing apartment rental complexes providing social programs to assist low to moderate income families in computer training, health issues and providing linkages to job training programs. HUD Consolidated Plan — Annual Plan 2003/2004 Page 24 Community Mvdop ent Commission of National City V. EVALUATE AND REDUCE LEAD -BASED PAINT HAZARDS National studies estimate that 75 percent of all residential properties built prior to 1978 contain lead based paint. In National City approximately 59 percent of the total housing stock potentially contains lead based paint. The City continues to work in a coordinated effort with the Metropolitan Area Advisory Committee (MAAC) and the Environmental Health Coalition by providing $6,000 from Low -Moderate Housing Funds to provide training to the staff for the protection and/or removal of lead based paint. The training is provided to the staff in a coordinated effort to households who will be utilizing the Home Improvement Loan Program, Rental Unit Rehabilitation Program and the Mobile Home Rehabilitation Program. In addition, the City's Building and Safety Department personnel will be trained in identifying lead based paint hazards and will utilize the training to correct deficiencies in rental units under the Code Enforcement Pilot Program HUD Consolidated Plan — Annual Plan 2003/2004 Page 25 Commemity Development Commission of National City VI. IMPEDIMENTS TO FAIR HOUSING: In the Regional Analysis of Impediments to Fair Housing Choice in the San Diego Area, produced by the Fair Housing Council of San Diego, October 2000, identifies 7 Action Steps to further fair housing services (p. 84). They are as follows: 1. Diverse fair housing public outreach and education programs for housing consumers. 2. Educational and technical training assistance for housing industry professionals. 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 4. To conduct periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplaces in the jurisdiction. 5. The particular "protected class groups" which are most affected, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision - making capacity or who interact or have responsibilities where fair housing issues are concerned should receive basic fair housing training and periodic updates. 7. The CDC will contract with The Fair Housing Council of San Diego for the completion of the first 6 Action Steps. The CDC staff will continue to participate in the activities identified in number 7 that relate to their positions. 8. All Staff that are involved in programs, projects and plans, that have relevance or lend support to the achievement of fair housing goals will continue to participate in the following activities as it pertains to their positions: • Preservation and maintenance of existing housing; • Home Improvement Loan Programs; • Conservation of affordable units at risk of converting to market rate; • First Time Homebuyer Assistance Program; • Acquisition, rehabilitation and new construction of affordable housing; and, • Attendance at Fair Housing Resource Board Meetings. HUD Consolidated Plan — Annual Plan 2003/2004 Page 26 Community Development Commission of National City VII. MONITORING: 1. 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 will implement a monitoring plan for sub -grantees using the HUD suggested format. This includes in-house review of progress reports and expenditures and on -site visits of sub -recipients to ensure compliance with federal regulations. The monitoring system encourages uniform reporting on a quarterly basis to achieve consistent information on beneficiaries. Technical assistance will be provided where necessary. 2. Project and financial data on CDBG-funded activities is maintained using the HUD software — Integrated Disbursement Information System (IDIS). Use of this system will allow HUD staff easy access to local data for review and progress evaluation. The IDIS will be updated quarterly, in order to gauge progress on the Annual Plan and to make changes or revisions as necessary. HUD Consolidated Plan — Annual Plan 2003/2004 Page 27 Community Development Canmission of National City VIII. CONTINGENCY PLAN: Not Applicable to FY 2002/2003. HUD Consolidated Plan — Annual Plan 2003/2004 Page 28 Community Development Commission of National City IX. HOME ASSISTED PROGRAMS A. RESALE PROVISIONS FOR HOME OWNERSHIP ACTIVITIES The guidelines for resale/recapture that ensures the affordability of units acquired with home funds will be enforced by the CDC Staff that oversee the First Time Home Buyers Program by ensuring the appropriate documentation referring to this is in the Contract Agreement between the CDC and sub - recipients. B. OTHER FORMS OF INVESTMENT Not applicable at this time. C. MINORITY/WOMEN'S BUSINESS OUTREACH CDC staff is currently working on creating a Disadvantaged Business Assistance Program unique to the City of National City. This program will encourage sub -recipients to contract with minority/women owned businesses that will include increased outreach efforts. These outreach efforts will include public or private construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants & providers of legal services. HUD Consolidated Plan — Annual Plan 2003/2004 Page 29 cmmman:.y Deatiom.o Commission of National City X. SUMMARY OF CITIZEN PARTICIPATION The City of National City encourages and solicits participation of its residents and other local agencies/governments in the process of identifying housing and community development needs in National City and prioritizing the expenditure of the CDBG and HOME Program funds. The Citizen Participation Plan adopted by the City establishes the citizen participation standards for purposes of the CDBG program. To encourage citizen participation, the City of National City Community Development Commission took the following actions in accordance with HUD's guidelines and the City's Citizen Participation Plan: 1. 1st Public Hearing: On December 17, 2002, a public hearing was held before the City Council to obtain input on the housing and community development needs from residents and service providers. 2 2nd Public Hearing: On March 19, 2003, a public hearing was held to review the Draft Annual Action Plan and solicit input on the allocation of CDBG and HOME Program funds for fiscal year 2003/2004. 3. The Annual Action Plan was available for public review from February 28, 2003 through March 3, 2002. Public comments were heard on the Annual Action Plan on April 1, 2003. 4. 3`d Public Hearing: On April 1, 2003, a public hearing was held to adopt the Annual Action Plan and the proposed funds budgeted for projects/programs for CDBG and HOME for FY 2003-04. 5. CDC Staff met monthly with the Housing and Community Development Committee (HCDC) to review the proposed projects and programs, hear presentations from applicants and make recommendations for project funding. The HCDC's recommendations were submitted to the City Council for consideration. 6. The CDC provided citizens with advance notice of all public hearings that related to the CDBG and HOME program. The CDC provided and made available copies of all related materials including the Annual Action Plan for public review. Notices of all public hearings were published in the Star News at least ten days prior the hearing date. The Public hearings were held at the City Hall, which is fully accessible to the persons with disabilities and equipped with a sound system. No oral or written comments were received. HUD Consolidated Plan — Annual Plan 2003/2004 Page 30 Community Development Commission of National City Xl. OBSTACLES TO MEETING UNDERSERVED NEEDS: The obstacles to meeting underserved needs that have been identified in the City's 2000 — 2005 Consolidated plan are as follows: Barriers to affordable housing, fair housing needs and community development needs. The City's 2003-2004 Annual Action plan addresses those needs through the `Priority' Needs statement and projects/programs that will be funded through CDBG and HOME Programs for FY 2003-2004. HUD Consolidated Plan —Annual Plan 2003/2004 Page 31 Conoomnily Devebpment Commission of National City XII. FOSTER AND MAINTAIN AFFORDABLE HOUSING The City of National City continually seeks conventional and creative methods to address the shortage of affordable housing. Examples of this are as follows: The construction of affordable homes through the "Smart Growth" approach of live -work housing units; Working with Community Housing Development Organizations (CHDOs) and City Departments for the construction of new homes as well as preservation of existing housing. In addition, the Community Development Commission (CDC) promotes and provides opportunities for homeownership to low and moderate -income families through the First Time Homebuyers Program. Low -interest Rehabilitation loans are available for owner occupied housing units or rental housing units. These activities are further explained in the following sections of the FY 2003-03 Annual Action Plan: 1. Priority: Preservation of Existing Housing 2. Priority: Housing Assistance 3. Priority: Housing Production HUD Consolidated Plan —Annual Plan 2003/2004 Page 32 Co ty Development Commission of National City XIII. ENHANCE COORDINATION BETWEEN PUBLIC AND PRIVATE HOUSING AND SOCIAL SERVICE AGENCIES The CDC continues to encourage public and social service programs to collaborate in order to provide comprehensive services to renter households. For example, the City's Building and Safety Department will be collaborating with other public and social service agencies within National City to identify distressed housing stock areas to provide a comprehensive approach to Code Enforcement of rental units. HUD Consolidated Plan —Annual Plan 2003/2004 Page 33 Community Development Commission of National City XIV. PUBLIC HOUSING NARRATIVE Based on U.S. Department of Housing and Urban Development (HUD) income guidelines, and 1990 Census Data, 65% of the households in National City are low and moderate -income. National City is an older community with virtually all of its residential land already developed. There are approximately 15,482 housing units in National City. Owners occupy 35.5% of the housing units and 64.5% of the housing units are occupied by renters. Therefore, it is very important that the City maintain its affordable housing stock. The CDC monitors the Section 8 project based housing rental properties to provide assistance or intervention when necessary to continue to provide affordable housing to low-income families and seniors. Affordable housing units located in National City consist of the following: Senior housing developments include Telecu South, Morgan and Kimball Towers, and Plaza Manor. Low- income housing rental complexes include Plaza Manor, Granger Apartments, Inter City Manor, Park Villa Apartments and Q Avenue, now renamed Paseo del Sol Apartments. HUD Consolidated Plan — Annual Plan 2003/2004 Page 34 Community a..jnsa...nt Commission of National City XV. PROGRAM REQUIREMENTS PROGRAM INCOME: Not applicable. SURPLUS FROM URBAN RENEWAL SETTLEMENTS: Not applicable. GRANT FUNDS RETURNED TO THE LINE OF CREDIT: Not applicable. INCOME FROM FLOAT FUNDED ACTIVITIES: Not applicable. HUD Consolidated Plan — Annual Plan 2003/2004 Page 35 Community.mUevebm yml Commission of National City XVI. HOME PROGRAM OTHER FORMS OF INVESTMENT: The CDC has established a revolving loan fund for repayments of the First Time Homebuyers program. HUD Consolidated Plan — Annual Plan 2003/2004 Page 36 Community Devdepmcnt Commission of National City TABLE II: 2003/2004 Proposed programs and projects (THE PROPOSED PROGRAMS AND PROJECTS ARE PENDING THE APRIL 15, 2003 CITY COUNCIL PUBLIC HEARING) On April 15, 2003, the City Council allocated CDBG and HOME funds to the following programs and projects that are outlined in Table II. Appendix "A" outlines the approved programs and projects in the HUD 2020 format. Program Name Housing Programs Program Type Funding Amount Public Services Programs Community/Economic Development Programs Program Name City Capital Improvement Projects Program Type Funding Amount Requested Administration and Planning CDBG Administration HOME Administration Source: City of National City, April 2003. HUD Consolidated Plan — Annual Plan 2003/2004 Page 37 Community Development Commission of National City