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Home My WebLink About2003 08-19 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — AUGUST 19, 2003 - 6:00 P.M. i 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 AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR AND ADJOURNED MEETINGS OF AUGUST 5, 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 8/19/03 PAGE 2 PRESENTATIONS Employee of the Month Program — Leslie Deese Employee Recognition — Lanny B. Roark Presentation by Councilmember Natividad to Bryan Getrich Villegas INTERVIEWS/APPOINTMENTS 1. Boards & Commissions — Vacancies/Appointments (City Clerk) 2. Boards & Commissions: National City Community and Police Relations Commission — Interview and Appointment (City Clerk) PUBLIC HEARINGS 3. Public Hearing — Conditional Use Permit for a wireless communications facility on top of an office building at 2005 Highland Avenue. (Applicant: Cingular Wireless) (Case File No. CUP-2003-4). (Planning) 4. Public Hearing — Amendment to the Combined General Pan/Zoning Map from CA- PD to RM-1-PD for properties on the west side of A Avenue between 25th and 26th Streets. (Applicant: City Initiated) (Case File Nos. GP-2003-1, ZC-2003-1) (Planning) 5. Public Hearing — Amendment to the Combined General Plan/Zoning Map from CL to RS-2 for approximately 1.06 acres at the southeast corner of 8t Street and N Avenue. (Applicant: City Initiated) (Case File Nos. GP-2003-3, ZC-2003-2) (Planning) COUNCIL AGENDA 8/19/03 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. 6. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of only the title. (City Clerk) 7. Resolution No. 2003-117 A Resolution of the City Council of the City of National City authorizing the Police Department to assist the California Highway Patrol in their D.U.I. Enforcement Program, and to accept funds pursuant to the California Highway Patrol Interstate 5 D.U.I. Corridor Safety Grant. (Police) 8. Resolution No. 2003-118 A Resolution of the City Council of the City of National City authorizing the closure of the Sweetwater Channel Levee Bike Path. (Public Works/Engineering) 9. Resolution No. 2003-119 A Resolution of the City Council of the City of National City authorizing the City Engineer to install street sweeping signs to restrict parking on Seawind Drive, Calle Delgado, and Meadow Drive. (Public Works/Engineering) 10. Street Tree Committee Minutes (Parks & Recreation) 11. Request by the Port of San Diego to attach banners to the light poles on Civic Center Drive. (Public Works/Engineering) COUNCIL AGENDA 8/19/03 PAGE 4 CONSENT CALENDAR (Cont.) 12. WARRANT REGISTER NO. 05 (Finance) Ratification of Demands in the amount of $425,733.29. 13. WARRANT REGISTER NO. 06 (Finance) Ratification of Demands in the amount of $1,310,718.61. 14. WARRANT REGISTER NO. 07 (Finance) Ratification of Demands in the amount of $348,238.08. ORDINANCE FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by repealing Chapter 6.40 pertaining to fortune telling. (City Attorney) ORDINANCES FOR ADOPTION 16. An Ordinance of the City Council of the City of National City amending various chapters of Title 18 (Zoning) of the National City Municipal Code clarifying requirements regarding landscaping, paving of front yards, fencing, parking, conditional use permits, the historic properties list, setbacks for single-family home additions, day care facilities and additional uses and definitions. (Applicant: City Initiated) (Case No. A-2003-2) (Planning) 17. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Title 7 pertaining to property conservation and community appearance code and Title 10 pertaining to public peace, morals and safety. (City Attorney) COUNCIL AGENDA 8/19/03 PAGE 5 NEW BUSINESS 18. Report on preparation of a specific plan for the Westside area. (Planning) 19. Notice of Decision — Planning Commission approval of a zone variance to allow construction in the front yard setback at 305 J Avenue. (Applicant: Charles Howrey) (Case File No. Z-2003-7) (Planning) 20. Notice of Decision — Planning Commission denial of a Conditional Use Permit for a church at 421 National City Boulevard, with a variance to allow less than required parking. (Applicant: Community of Praise Baptist Church) (Case File No. CUP- 2003-10/Z-2003-5) (Planning) 21. Notice of Decision — Planning Commission approval of a zone variance for an addition to 1724 and 1730 J Avenue without providing additional parking, and resulting in less than required building separation from an adjacent residence on the same lot. (Applicant: George Moreno) (Case File No. Z-2003-6) (Planning) STAFF MAYOR AND CITY COUNCIL 22. Request by Councilmember Natividad to go on record opposing Proposition 54. (Council Initiated) CLOSED SESSION Conference with Legal Counsel -Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One potential case). COUNCIL AGENDA 8/19/03 PAGE 6 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting — Tuesday — September 2, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City Personnel Department 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM August 13, 2003 TO Park Morse, Acting City Manager FROM Roger C. DeFratis, Acting Dir7Resources SUBJECT EMPLOYEE OF THE MON H 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 City Manager's Office to be recognized for the month of August 2003 is Leslie A. Deese, Executive Assistant IV (nomination attached). Ms. Deese has been invited to attend the Council meeting of Tuesday, August 19, 2003, and be recognized for her achievements and service. Attachment (1) xc: Department Director Leslie Deese Councilmember Natividad RCD:Im A:\NOMINATION LETTER TO CM ® Recycled Paper City of National City Performance Recognition Award Nomination Form We nominate Leslie Deese for the Performance Recognition Award for the following reasons: Leslie has been a dedicated City employee for 17 years and has proven to be an invaluable asset to the both the City Manager's Office and the City as a whole. In her role as Executive Assistant to the City Manager, Leslie's thorough knowledge of all City operations is extremely helpful in assisting employees, the Mayor and Council, and residents to efficiently get connected with the resources they need. Her skills and familiarity with the organization are also put to good use as she frequently assists with reviewing policies and providing input on projects undertaken by the City Manager's Office. Leslie's familiarity with the budget is another important resource on which we rely during the annual assembly and proofreading of the budget. From a customer service standpoint we can always count on Leslie to represent the City with the utmost of professionalism in dealing with customers, the business community and the many other organizations she interacts with. She has come to be a well-known and respected figure both in and outside of our organization, and this is a direct result of her high level of professionalism. While her hard work and dedication can always be seen during the 8 to 5 workday, we also very much appreciate the work that goes well above and beyond her job description. In recent years Leslie has both coordinated and volunteered at a number of events that have benefited employees, residents and visitors of National City. Most recently you may have seen her dressed in full traditional Victorian apparel while volunteering her time at the National City Historic Auto Show. You may also remember the very successful spaghetti dinner held to benefit victims of the 9/11 World Trade Center Tragedy. Leslie was also instrumental in getting the recent Tribute to Heroes/Freedom Flame event up and running, and in coordinating an effort to provide care packages for three of our employees currently on active military duty overseas. Events such as these show her high level of commitment to the community and fellow employees, and these events also add greatly to the reputation of the City. For these reasons, we are pleased to nominate Leslie Deese as the Employee of the Month for August 2003. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated by: City Manager's Office, City Clerk's Office, Purchasing, Risk Management, Managem at formation Services, Mayor & Council. Signature: - ' Date: NC PersDept Form 2003 City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE July 22, 2003 03 JUL 2 6 CITY TO Lavonne Watts, Executive Assistant II (City Manager's Office} Angela Randolph, Secretary to the City Council FROM Lilia Munoz, Executive Assistant 1$re' SUBJECT : EMPLOYEE RECOGNITION The following City employee will complete his twenty years of service with the City of National City on August 1, 2003: NAME : LANNY B. ROARK POSITION : POLICE SERGEANT HIRED : AUGUST 1, 1983 As pad of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of August 19, 2003. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Personnel and the employee concerned. The commendation letter and anniversary pin will be sent prior to the presentation. Thank you. xc: SGT Roark A/Chief Pauu RECOGPRG.DOC-11 ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT .111EETING DATE August 19, 2003 AGENDA ITEM NO. 1 ITEM TITLE Boards and Commissions - Vacancies / Appointments PREPARED BY Michael R. Dalla, CI DEPARTMENT City Clerk EXPLANATION The Mayor has requested that current vacancies on the Building Advisory and Appeals Board, Street Tree and Parkway Committee, and Traffic Safety Committee be placed on this agenda. Building Advisory and Appeals Board: 4 Vacancies Street Tree and Parkway Committee: 3 Vacancies Traffic Safety Committee: 3 Vacancies Interested applicants have not been invited for interviews at this time pending possible changes in the Boards and Commissions composition. Environmental Review X _ N/A Financial Statement None Approved By: Finance Director Account No., STAFF RECOMMENDATION Proceed to fill the existing vacancies. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS i Listed Below) Resolution No.. N/A A -zoo 993i City of National City, California COUNCIL AGENDA STATEMENT EETING DATE August 19, 2003 AGENDA ITEM NO. 2 ITEM TITLE Boards and Commissions: National City Community and Police Relations Commission - Interview and Appointment PREPARED BY Michael R. Dalla, C DEPARTMENT City Clerk EXPLANATION The Mayor has requested that interviews be scheduled for the National City Community and Police Relations Commission. We have four applications on file. The applicants have been invited to appear for interviews this evening. Applicants: 1. Allen R. Bailey 2. Mark L. Gundert 3. Stu Gordon 4. Alethea R. Pruitt. Environmental Review X __ N/A Financial Statement None Approved By; Finance Director Account No. STAFF RECOMMENDATION Proceed to fill the existing vacancies. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. 1. Applications 2. Excerpt - City Council Minutes (02/25/03) A-200 (9 99) `d Community & Police Relations Commission Housing & Community Development Committee Library Board of Trustees Parks & Recreation Advisory Board _ Planning Commission CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT RECEIVED TO CITY BOARDS, COMMISSIONS, AND COMMITTEEI;TY CLERK Please check the board or commission for which you are applying. (You may apply for more than one.) Port Commissio4003 AUG - 8 P 3: I I Building Advisory & Appeals Board* Civil Service Commission San Diego County Water Authority Senior CitizenMydViAL CITY Serra Library System Advisory oaraA Street Tree & Parkway Committee _ Sweetwater Authority X Traffic Safety Committee Note: Applicants must be (residents and registered to vote in the City of National City. Name 2 �11�V1 . Ratn�E?� Home Address (3 c2 t I )lV e vt Tel. No. 6rci. 4 7.4 3 P, Business Affiliation Q e_4 t r e r1 Title Business Address Tel. No. Length of residence in National City /(3+lk5 San Diego CountyS0 rt California j6O 71 Educational Background AA i M 1 1 lc t- �c I c� C� t`t1 a w1 / cc`) r1 e 9 (eve_ coRAv.S'E'S Occupational Experience Cain s.l •fie 1 ca' a,ts" pVt)cQClis( yej.0k)4er ) ,i • Ni rs eM Sb Pv Professional or technical organization memberships Se) c i e --t‘i 0.1 1 e c• /. kl r c a. Civic or community experience, membership, or previous public service appointments: c I�a�CT Iresic f h1 recur° Ica? — kirqu vr"C� Y'ei,r. Experience or special knowledge pertaining to area of interest: it L( 1Lie3Sr Date Dblot /10,Signature R Please feel free to provide additional information or letters of endorsement Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Need not be a resident Revised March 13, 2003 a e r t e X —1Dl iC.P k1 p .vr CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ILERK❑ Building Advisory & Appeals Board* ❑Port Commissi ECE(Y ❑ Civil Service Commission ❑ San Diego CountyWater Authority ❑ Community & Police Relations Commission ❑Senior Citiz /Mis ry ho4d20 Board ❑ Housing & Community Development Committee ❑ Serra Libra ystem Advisory ❑ Library Board of Trustees ❑ Street Treec e ► 6R1�Ln i typ ❑ Parks & Recreation Advisory Board ❑ Sweetwater Authority ❑ Planning❑ Traffic Safety Committee Commission ( t-cc4. ,4P ASotzy $wfP-P Note: Applicants must be residents and registered to vote in the City of National City. Name K L. r� bRI' C* Home Address g1.51 m uct i / �u.4E C('r ./ Fl�`t-STitle2E C Business AfFiliation��"Tl y Business Address -33 3 E * % 6 f11/L Tel. No. amSoyAi+ Length of Lei r e in National City 2 Sr rn5 San Diego County 3��California _ Educational Background fps g StN6�S, dc.( -S3S Occupational Experience Fly 5 retIAC 4541 (, fyi r) Professional or technical organization memberships .. 4 Ft>^-tfrdi-5 ocoeK. 2744, FL—C / 5 W. Civic or community experience, membership, or previous public service appointments: B(\ L 0 c' s 1n.c� l . See Experience or special knowledge pertaining to area of interest: AKC '"'L t/< C 2/1.lnrr f oC‘ Ol'f -kc i-S ST 4- Tom^ c t Fc c E Date 5/ 6, Signature Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public documentRevised March 5, 2003 38/.6 *Need not be a resident CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission -lam Community & Police Relations Commission ❑ Housing & Community Development Committee Library Board of Trustees 'd Parks & Recreation Advisory Board ❑ Planning Commission e Port Commission RECEIVED CITY C ERK 0 San Diego County Water Authori y ❑ Senior Citizens Advisillti 2 Serra Library System Advisory IBoarca' O. 5 ❑ Street Tree & ParkaMormitt6eAL ❑ Sweetwater Authority CITY ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name 7-0 0 /V/ Home Address C} 5 / A (1/� Tel. No. 41 94 q/ q3 Business Affiliation -AT i��tf � M Tiff f`J � I ]o E 1jj T Tel. No. Business Address Length of residence in National City j rkaan Diego County 30 California 3 9- Educational Background to 1.1% cL, 0 i f/ t A TE )-� / 'r6 5�;� i Occupational Experience -f� 3YrJ -7--t. - � o 774 Ai 7- a fi A/A- r/` cN/ Z N tot, 8 l s/i h itc' J,7'"L iv Professional or technical organization memberships .T / rjpQ yV/V73- Z-110 I \C A s S. f5' /�/ ,, r Erv3 d- Civic or community experience, rrfibersTii,/gr previous public service appointments: r5Q q-el P M re s e j ie t-179 1 ry ry 1"l- i- 5 5 Experfe`nce o(pecaliknowledge pertaining to area of interest: nf1 c t� l rE /- ry 0)1-1 /9 z 6 .19 $t L -t-- ,A21 J Date 4p)Q/ 2_, / (7 Signature Please feel free to provide additional information or letters of endorsement. 99 > l 6 /S l iv; 1 Thank you for your interest in serving the City of National Ci , t (This document is filed as a public document) *Need not be a resident Please return completed form to: City Clerk's Office 1243 National City Blvd - National City CA 91950 Revised March 5, 2003 �' r CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission ❑ Housing &Community Development Committee ❑ Library Boprd,ol Trustees ❑ Parks & Recreation AdvisoryBoard Planning Commission i�1lere . COY14.44q/ssldi.4 Note: Applicants must be residents and registered to vote in the City of National City. eck_ Name Home Address ❑ Port Commission RECEIVED ❑ San Diego County Water Au igtICLERK Li Senior Citizens Advisory Board ❑ Serra Library System Adtertgaakid P ❑ Street Tree & Parkway Committee ❑ Sweetwater Authority CITY OF NATIONAL CITY ❑ Traffic Safety Committee 3 ( YY) a-frIc.kg kA S-,-- J T t C t e_o714 a w-' Business AffiliationVrcyDc-} Y-1 e-e., Title l Business Address 0 3 Cc,Tel. No. J� c�SanDiegoL California Length of residence in National City County�, 'ON [ply 2/O7-33/7 77 Tel. No. ,c5 —0,562 ( O Educational Background c iN • VYl J ' 4 . ! — . i J / �.li Occupational Experience fJc/ /X �'l4.4 Gd/t/e�vq a- 0 Professional or technical organization memberships NR- IA4rNoN 171,1hur,�, ty blic service�appent�4 Civic or community experience, membership or previous p1� „�// A2aP?CP'A/Kees p s� a Experience /nJ�Cy P' Date .ypdisP t/aQtQ.y.ek — f l,vvo i�FC a-thk uh rau�olamex>i or special knowledge pertainingto area of interest: Co� c �� LJ` P le� v g/w car f`/ ec c' ,A7 iUi/c/. /r� S/�fefcy GeJ� r; 3 Signature Please feel free to provide additional information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 Thank you for your interest in serving the City of National (This document is filed as a public document) Revised January 8, 2003 *Need not be a resident tT U l Okill 2. Citizens Advisory Board Laverne Mitchell, National City, expressed her belief that there was disparity in enforcement by the National City Police Department and that there was a need for better relations with the community. Mary Martin, National City, said she was against a citizens police review board. Mayor Inzunza reviewed the historical background surrounding the issue of a Police oversight commission. Motion by Inzunza, seconded by Natividad, that we create a Citizens Police Oversight Commission. Carried by unanimous vote. Motion by Natividad, seconded by Inzunza, that we make a seven person commission with each councilperson appointing one member and the Mayor appointing three and that committee will work with the City Manager and City Attorney to develop a framework and duties of the board. Following advice from the City Attorney, the motion was amended to, the Mayor appoints with the approval of the Council and the Council to submit names for selection. The second was withdrawn. The National City Community Police Relations Task Force Report of Findings and Recommendations was distributed. Item IV "Recommendations" was reviewed in detail. Councilman Natividad clarified that the official name for the newly created board should be "The National City Community and Police Relations Commission." There was consensus on the name. There was no vote. Recommendation 1 a: "This entity may be comprised of 9 individuals appointed by the Mayor and City Council — 7 voting members and 2 non- voting members (representing the POA and a human rights organization) — of the 7 voting members, 4 must be residents of National City," was discussed in detail. There appeared to be consensus on the number of commission members (9 ). Recommendation 1b: "This entity may fall under the authority of the Police Chief' was discussed and modified. The word "authority" was changed to "overview." Modified wording was offered as follows: "The commission will work with the Police Department to provide information necessary to make recommendations" and "the City Manager direct staff to assist the commission." There was no vote on these changes. Recommendation lc: "This entity may review all Internal Affairs findings;" Recommendation 1d: "...make recommendations to the Chief to sustain or not sustain la findings;" and Recommendation le: "hear citizens' appeals of 1 a findings" were not acceptable. Recommendation 1f: "request supplemental information from the Police Department;" Recommendation 1 g: "allow parties the opportunity to mediate their dispute;" Recommendation lh: "receive citizens complaints regarding police conduct;" and Recommendation 1 is "make an annual report of its activities and findings to the City Council," were all acceptable. The maker and second of the previous motion, included Recommendations 1 a, lb, 1 f, 1 a, l h and 1 i as modified as part of the motion. The need for a mission statement was discussed. It was suggested that the mission statement that appeared on page 4 of the task force "Findings and Recommendations" be used as the basis for a mission statement. Additional wording was suggested as follows: "It is the intent of the Mayor and City Council that because of our actions, the relations between the citizens of this city and the police department get better and to facilitate positive communication and cooperation between the police department and community." The motion as amended was approved by unanimous vote. It was requested that notice be given for vacancies on the new National City Community and Police Relations Commission and that interviews and appointments take palace the first meeting in April. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19. 2003 3 AGENDA ITEM NO. (-ITEM TITLE PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITIY ON TOP OF AN OFFICE BUILDING AT 2005 HIGHLAND AVENUE (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO. CUP-2003-4) PREPARED BY Roger Postt336-4310 DEPARTMENT Planning EXPLANATION The City Council set this item for hearing at their August 5, 2003 meeting. The attached background report describes the project in detail. Environmental Review X /A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Account No. 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. Vote: Ayes - Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent - Pruitt Abstain - Carrillo ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution with findings and conditions for approval 3. Location map and site photos Resolution No. 4. Department and agency comments 5. Notice of exemption 6. Application package and plans A-200 (9/80) BACKGROUND REPORT The project site is at the southeast corner of Highland Avenue and 20th Street, in the CG (General Commercial) Zone. The relatively flat, 14,375 square foot site has 125 feet of frontage on Highland and about 115 on 20th Street; an alley runs along the rear. A two story, roughly 21-foot tall office building with a flat roof is located on the southern two-thirds of the property. The building, called Highland Office Building, is U-shaped and faces Highland Avenue. It has a stucco and stone exterior with wood trim and eaves; recently the building was painted light blue with dark blue trim. The remainder of the site is paved for parking. Occupants of the project building include law offices, a salon, and a travel agent. Across the alley to the east of the property are single-family homes in the RS-3-PD zone. Commercially zoned properties, occupied mostly by office type uses, are located along Highland Avenue to the north, south and west. Cingular Wireless proposes to install a wireless communications facility on the office building. It will consist of twelve panel antennas placed inside an enclosure on the building roof. The enclosure will measure 14-foot by 14-foot and be 9'6" tall. It will be centrally located on the rear portion of the roof, about 15 feet from its eastern edge. The applicant's plans note it will have a stucco exterior with wood trim to match the office building; a flat roof is also proposed, with an eave similar to that on the building. The applicant indicates the enclosure will have no other use than to house the antennas. The attached photo simulation shows its likely appearance. Additional necessary equipment will be located in a storage room on the second floor. In response to requests to consider co -location options and alternative sites, the applicant submitted an existing facilities apd coverage map (attached) and indicated that there are no existing wireless facilities in this area for co-lcation. These maps show a coverage gap in the project area, and the nearest Cingular facilities are north at Highland and Plaza, and to the south at Highland and 30th Street. Residential zoning both west and east of the project area further limit the potential for alternative sites. The proposed enclosure is considered a stealth facility since it will completely screen the wireless antennas. The project has also been designed and located to reduce its visibility (mainly'as viewed from Highland Avenue), and to comply with City Design Guideline requirements for equipment screening to be architecturally integrated with the building in terms of materials, size, shape and color. Specifically, the enclosure is set -back 53-feet from the front of the building, and is proposed with exterior materials and colors to match the office building. However, the rather large enclosure is still likely to be noticeable from some residences east and north of the site. According to the applicant, the height of this facility is necessary to meet their coverage requirements and make the project feasible. The Planning Commission held a public hearing on this item at their July 7, 2003 meeting. They noted that the proposal was a stealth facility since the panel antennas would be completely screened, and since the enclosure was designed to match the office building. RESOLUTION NO. 25-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON TOP OF AN OFFICE BUILDING AT 2005 HIGHLAND AVENUE. APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2003-4 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on top of an office building at 2005 Highland Avenue at a duly advertised public hearing held on July 7, 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-2003-4, 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 July 7, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 9,000 square foot office building has sufficient roof area to accommodate the proposed 196 square foot enclosure. 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 Highland Avenue, an arterial street with adequate capacity to handle the additional 1-2 vehicle trips per month generated by the unmanned wireless facility. 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 addition will appear similar to the existing building and be designed to completely screen the wireless antennas. 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. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorize the construction of a wireless communications facility at 2005 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File no. CUP- 2003-4, dated 5/15/03. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. 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. 3. Building plans shall show the enclosure completely screening the antennas, including any GPS antennas, and with an exterior and roof matching the office building. 4. Building plans shall show the roof access ladder being secure from unauthorized use. 5. No signage shall be placed on the roof enclosure. 6. All exposed conduit, cables, etc. from the facility shall be painted to match the building, located as needed to minimize its visibility. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 8. 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. 9. The deteriorated portions of the street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all work performed within the Public Right -of -Way. 11. 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. 12. 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. 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. oec sn hn e day f tof f that City Council meeting. The City Council' may, at that meeting, appealthe 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 July 21, 2003, by the following vote: AYES: GRAHAM, REYNOLDS, MARTINELLI, BACA, FLORES, SALUDARES NAYS: ABSENT: PRUITT ABSTAIN: CARRILLO PROJECT SITE ZONE BOUNDARY LOCATION MAP Proposed wireless facility on the Highland Office Rilildinn at 2005 Htrthland AvAni CI JP-7003-4 NATIONAL CITY PLANNING DRN DATE: 6/13/2002 INITIAL HEARING: 7/7/2002 SITE PHOTOS Project site looking east across Highland Avenue Project site looking southwest from 20 Street. City of National City Department of Public Works rJ NNYN EPA '"•r Eiv! 1243 National City Blvd., National City, CA 91950 ..:,,, (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 Date: February 14, 2003 ENGINEERING REQUIREMENTS FOR NEW WIRELESS COMMUNICATIONS FACILITY AT 2005 HIGHLAND To: Charly Marchesano, Planning Department From: Adam J. Landa, Engineering Department Via: Stephen M. Kirkpatrick, Assistant Director of Public Works/Engineering Subject: NEW WIRELESS COMMUNICATION FACILITY AT 2005 HIGHLAND AVENUE 1. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. 2. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. AL:jha wirele ® Recycled Paper City of National City Fire Department 333 E. 16th St., National City, CA 91950-47507 - Phone: (619) 336-4550 Fax: (619) 336-4562 2 JOW 0 9, -e Date: June 5, 2003 To: Planning Departemnt From: Jeff Burriss, Deputy Fire Marshal Subject: 2005 Highland Ave. NATIONAL CITY PLA NNING DEPARTMENT The revised plans answer the first former concern. No apparent violations of the fire code. They will need to protect the ladder as mentioned before. z Recycled Paper 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: CUP-2003-4 Project Location: Highland Office Building Contact Person: Charley Marchesano Telephone Number: (619) 336-4311 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility consisting of 12 panel antennas placed inside a 196 square foot enclosure on the roof of an existing office building. Applicant: Cingular Wireless, Krystal Patterson 6170 Cornerstone Court, #180 San Diego, CA 92129 Exempt Status: Telephone Number: (760) 715-8703 Statutory Exemption. Categorical Exemption, Section 15332, Class 32 (In -Fill Development Projects) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA Reasons why project is exempt: The project involves only minor construction on a developed site, is consistent with City regulations and served by existing utilities, the site has no value as habitat, and the proposed use will not result in any significant effects relating to traffic, noise, air quality or water quality. Date: Charley Marchesano Assistant Planner Recycled Paper NATIONAL CITY, CALIFORNIA APPLICATION for 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 L`�ESC NON OF PROPRTY: (Alta if insufficient space) PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number L t/sa`" / 3 Filing Fee $ J�/s Receipt No. Date Received %//��'/ 6✓ By E.A.F. Required � Fee $ Related Cases PROPERTY LOCATION eh/an& No. Street between and ! � Comm ,, COMBINED GENERAL PLAN/ZONING DESIGNATION C4:�1 C C-al C' /m Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 / �� REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: min t - Q mmuitt . td , pattrut • PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Lee 48roci 4) Signaturec=e3a-tiachedalq- (Signature acknowledges that this application is being filed) Name: 17k t out (Signa e acknowledges that this application is being filed). Signa Address: Address: 602 alQZ9 Chu_ 1 ca-oIco)O Q Phone No. Phone No. (Roo) 7/5- 7/1 Fax No. Fax No. (7W) 7& —49/3 Date: Date: //7hD3 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 / / APPLICANT Name: e/majar VVjreie& s (Please tg a or print) Signature: 1 �\7^"""'-t , Si a certifies that the information subft(itted with this application is true and accurate to the)Abest of the applicant's knowledge).' Address: Z 7d � eicS '4� ( KJ /6 V Sv b /e9D; CP 92/2,1 Phone No. Fax No. Date: C7(46) 7/5-8703 (70b) 735-43/3 07/63 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 N2/04/2003 17:23 NNeNNeeeee �u. Sr. L4'U7 3:v rfy1 E YHOL F3 I JL NO. 0994 P. 2 - February 3, 2003 To 'Whom it May Concern, Re: Property located at: 2005 Highland Ave., National City, CA 91950 Assessors's Parcel Number 561-271-01-00 This is written to eonfizm that Property Manager Lee Bradley, has the consent of the Johnson Family Tout Dated June 24,1991 for signing authority relative to any items regarding the application by Cingular Wireless for approval of a wireless telecommunications facility at the above noted property. Sincerely, Mary n, Co-T tee of Jo neon Family Dated Jur 24, 1991 ci ng u9£tE55 11/21/02 Site# SD-813-02 Highland Office Building Re: Letter of Authorization to pursue communications facility at 2005 Highland Ave., National City, CA 91950 /MA y 1-0/jA/504% I, SEE R2ADGEY FOR , the owner f the below described property, do hereby appoint Cingular Wireless my agenti for the purpose of consummating any application necessary to ensure their ability to use the property for which Cingular Wireless is negotiating a lease for the purpose of constructing a wireless telecommunications facility. I understand that this application may be denied, modified, or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 2005 Highland Ave., National City, CA 91950 Assessor's Parcel Number: 561-271-01-00 Bv: -1./Lea.de.-7/ Signature Signature LEE aRADL V Print Name P2/2/106Eie. GtvTO Title Date (siti)977-G4-4? Phone Number JAN, 17.2003)(11:41ANpM EMeochin REOURSESJOY Jewell W. Johnson 1237MACY RoutA. n thStreet National City, Ca 91950 O. 0103 ,a81 DOC 4 19W-0135703 26—MAR-1997 09.157 A19 EOM sail NEW C fi CORM OFFICE GRE'0R4 wax, CM EMS RF+ 5.00 FEE5- AFT 1.00 DC 1.00 1RANVIA TAX Or VEZI 10„�.C3MCTICN oZ0v0Ain FOR ReCCAD0 5tnC .,,... emptied on Qr teuWdeydan Wood Wpm coisoyoct OR ) 1 sk I- a li-01 GRANT DEED FoR A vAUMBLE CONSIDEFIATiON,'mopt at when le Aar eby Sowell W. Johneor and Nary A. Johomon u� d wife IlJoh aQR»NP�i1yTJewell dated suns 24, 199H2lTy Ann Jolinsonr c oftd p hiby Diego of National CLty Lott 1 to 5 inclusive in Block 6 0 . TO of coGfotnq. aaaaisss as in the Cityof National City,f WIT,BDA S Diego, ADDITIONAL 6U►Txp�y CITY. county of SAD Die according to Mac thurecf No. 251, filed in the Officeaof tha Cooute of ntyntecorder Of San Diego County, September 2, deed 7.00 SurEGuirORNm °° CI3UNNOF Alt . no, DDw�ss MeoiPad_ /Yi- Mag* — j/S am n tobete p.4 ILo�ff moo S r� on socra portol000sy om000mootlq sotoo pea Mtojy to p�h b N . FAO *memos to. woo the Puemlb), 4r0/140 nu ++rnnvey at owe wog hlumo� WAIL TAX 67}1TFMENT3 TO: Trustees of the a e� �t;;,- • `Xmas l art �arRRJ,IG. Foam e1enia,u".-i.1'JSs • nhs riot b mule 'yyl+464 IYOY Wag Description: San Dieyo,CA Document-Yeas.DocTD 2997.I35703 Page: 1 of I Order: 02-10-22-3002 03-09-I9 PM Comment: ANDRE' /S c nguRlaErY WILESS PROJECT DESCRIPTION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-813-02 Highland Office Building 2005 Highland Avenue National City, CA 91950 Prepared for: City of National City Department of Planning 1243 National City Boulevard National City, CA 91950 Prepared by: PlanCom, Incur Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-8703 Contact: Krystal Patterson, Planning Consultant January 23, 2003 Project Description (SD-813-02) 1/23/2003 Page 1 cingular WIRELESS INTRODUCTION Cingular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all -digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-a-vis real market data and conditions. At present, CW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, CW is seeking approval from the City of National City for a new site at Highland Office Building. BACKGROUND PCS is a rapidly evolving digital technology that is changing the future of telecommunications through easy -to -use, lightweight, and highly mobile communications devices including: portable phones, pagers, computers, and personal digital assistants. PCS provides voice and data capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by CW differs from typical cellular networks in that it uses state of the art digital technology versus traditional analog cellular systems, which have been in use since the early 1980's. The benefits include an eight -fold increase in channel capacity, call privacy and security, improved voice call quality and an expanded menu of affordably priced products and services for personal and professional communications needs. The PCS network is designed for much broader consumer application. In addition to providing users with the convenience and benefit of "virtual office" capabilities, PCS will serve to enhance personal safety and security. With the PCS network in place, individuals will have the ability to communicate during emergency situations and/or when circumstances preclude them from utilizing a conventional landline telephone. The wireless industry has undergone tremendous growth worldwide. Studies indicate that by the end of 1999 there will be over 122 million wireless subscribers in over 125 countries throughout the world, and that by 2003 nearly one out of every two individuals in the United States will be utilizing some form of wireless device. Project Description (SD-813-02) Page 2 1/23/2003 / ' / ngular WIRELESS SITE CHARACTERISTICS The proposed property is located at 2005 Highland Avenue Suite #18. The underlying zoning of the proposed site is CG (General Commercial). Currently the sites use is Highland Office Building. The area surrounding the proposed project consists of the following: North: Commercial South: Commercial East: Residential West: Residential PROJECT OVERVIEW Cingular Wireless is proposing to construct, operate, and maintain a telecommunication facility. The project will consist of twelve (12) panel antennas facade mounted to a 9'- 6" architectural element. Please see the enclosed site plans, elevations, and photosimulations for more detail. Please see the site plan for a more detailed representation of the antenna location. The supporting equipment will consist of the following: four (4) self-contained, all- weather Base Transceiver Station (BTS) cabinets, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will contain the electronic equipment necessary to operate the facility. The equipment will be located within existing tenant space on the second floor. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facilitytypicallydoes not exceed 200 watts per channel, and thus, the CW facility is by design a low -power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non - ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the Project Description (SD-813-02) 1/23/2003 Page 3 cingulari�� WIRELESS facility will be serviced by a CW technician on an as -needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION CW engineering, planning, and leasing staff have been working to improve, enhance, and expand the Pure Digital PCS network throughout the County of San Diego as well as to other underserved regions of southern California. Like existing cellular systems, PCS will employ a network of transmit/receive stations ("cell-sites1 that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is "locational dependent", meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. PROJECT JUSTIFICATION As noted, Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the State's Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of this new PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no PCS network coverage to the roadways and homes located in this portion of the County of San Diego. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to CW customers. Project Description (SD-813-02) Page 4 1/23/2003 4 v cingulan WIRELESS PLANNING/ZONING CONSISTENCY The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The equipment associated with the communication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. Further, the proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that: 1. The proposed PCS communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as adopted by the FCC. 2. The radio frequency emissions emitted by the proposed PCS facility will fall within the portion of the electromagnetic spectrum, which transmits non - ionizing radio waves. Non -ionizing electromagnetic emissions, at the low levels associated with this type of wireless technology, are not harmful to living cells. Among the items that result in non -ionizing electromagnetic emissions are police/fire/EMS radios, television broadcasts, CB radios, microwave ovens, and a variety of common household electronics including garage door openers and baby monitors. Conversely, items that transmit ionizing electromagnetic emissions include ultra -violet light, medical x-rays, and gamma rays. 3. Data currently available on the effects of electromagnetic transmissions on public health indicate that there is not the likelihood of negative impacts to public health and safety. Project Description (SD-813-02) 1/23/2003 Page 5 PLANcoH= Telecommunications Project Management January 23, 2003 SD-813-01 Sent Via Hand Delivery City of National City Planning Department 1243 National City Boulevard National City, CA 91950 RE: Cingular Wireless proposed project Highland Office Building, 2005 Highland Please find attached an application for a minor telecommunication facility for Cingular Wireless. The proposed project is located at 2005 Highland. The project will consist of twelve (12) panel antennas facade mounted to a 9'-6" architectural element. The project will also an equipment room located within existing tenant space on the second floor. With the stealth design this project would not be out of scale or character with the existing development in the area. Please review the attached drawings and provide us with some feedback on the viability of this design. Photosimulations have been provided for your use. If you should have any questions or additional comments, please contact me at (760) 715-8703. PlanCom, Inc. Contractor Representative for Cingular Wireless Krysta Pa y- rson 302 STATE PLACE ESCONDIDO, CA 92029 760-715-8703 760-735-4913 FAX cinguRlar� WIELESS PHOTO STUDY PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-813-02 Highland Office Building 2005 Highland Avenue Suite 18 National City, CA 91950 Prepared for: City of National City Department of Planning 1243 National City Boulevard National City, CA 91950 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 Contact: Krystal Patterson, Planning Consultant (760) 715-8703 January 17, 2003 Photo Study (SD-813-02) 1/17/2003 Page 1 WIRELESS Project Site and Surrounding Photos — 2005 Highland Avenue SD813-02 1/16/03 View of the East Elevation View of the South Elevation el 7) ---/ c i n g ula WIRELESSr `" Pro'ect Site and Surroundin • Photos — 2005 Hi • hland Avenue View of the West Elevation ......._._ View of the North Elevation SD813-02 1/16/03 cingu ar WIRELESS Project Site and Surroundin Photos — 2005 Hi hiand Avenue SD813-02 1/16/03 Ft-1 View of the Entrance to the Equipment Room View of the Proposed Equipment Room/Location / Th c rig uWIRl¢asr Project Site and Surrounding Photos 2005Highland Avenue View to the East View to the South SD813-02 1/16/03 0 F singulars. WIRELESS Project Site and Surrounding Photos - 2005 Highland Avenue View to the West View to the North SD813-02 1/16/03 Coverage Legend: Strong INModerate Weak roposed Coverage ©1997 Thomas Bros. Maps Cingular Wireless - City of National City Network Map March 2002 Pho osdmulatfon of proposed Proposed antennas aligned and painted to appear as columns on proposed rooftop screen box City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2003 4 AGENDA ITEM NO. it-ITEMit-ITEM TITLE PUBLIC HEARING - AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM CA-PD TO RM-1-PD FOR PROPERTIES ON THE WEST SIDE OF A AVENUE BETWEEN 25TH AND 26TH STREETS (APPLICANT: CITY INITIATED) (CASE FILE NOS. GP -2003-1, ZC-2003-1) PREPARED BY DEPARTMENT Roger Post, 336-4310 Planning EXPLANATION This is one of two August 19 Council agenda items that address changes to the General Plan. Together, they make up the second amendment to the General Plan this year. State law allows cities to amend the General Plan no more than four times per year; multiple changes to the General Plan may be grouped and considered a single amendment. The attached report discusses the proposed amendment, which was initiated by City Council on April 1. 1 Environmental Review Financial Statement N/A X N/A Exempt STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD I COMMISSION RECOMMENDATION The Planning Commission recommended approval of the amendment. Vote: Ayes -unanimous Account No. ATTACHMENTS ( Listed el 1 Resolution No. 1. Background Report 4. Site Photos 2. Finding for Approval 5. Proposed Exemption 3. Location Map 6. CDC Memo 7. Letters of opposition A-200 (9/e0) BACKGROUND REPORT The amendment area includes one-half block on the west side of A Avenue between 25th and 26th Streets. It is in the CA-PD (Automotive Commercial -Planned Development) Zone. The area is relatively small. It contains about 31,800 square feet or about 3/4 of an acre and has approximately 120 feet of frontage on 25th and 26th Streets and 265 feet along A Avenue. It is divided into four different ownerships. At the north end of the half block is an approximately 7,000 square foot parcel with three units, including a detached house and a duplex. The next property to the south, about 6,000 square feet, contains a single-family home. The third property (two Assessor's parcels) has a total of 12,000 square feet and is built with 8 rental units, two buildings each with 4 apartments. A used car lot, Dealer Direct Used Cars, occupies the southernmost property, an approximately 6,600 square foot lot at the northwest corner of A Avenue and 26th Street. Adjacent uses include the Ball dealership's used cars sales lot across the alley to the west. To the north across 25th Street is an auto body repair facility, also associated with Ball. The Jack Harrison Buick/Pontiac dealership is across 26th Street to the south. These properties are all in the CA-PD Zone. Across A Avenue to the east are the Golden Tree Apartments in the RM-2-PD (Multi -Family Residential) Zone and detached homes in the RM-1-PD (Multi -Family Residential) Zone. The amendment area is relatively level and slightly at higher grade than the Ball used car lot in the CA-PD Zone across the alley to the west. High fencing extends along the alley edge of the car lot. The proposal would replace the CA (Commercial Automotive) General Plan designation and Zone with the RM-1 (Multi -Family Residential) designation and Zone. No development is proposed at this time. The amendment was initiated by the City Council. The agent for the owners of the northernmost parcel in the amendment area approached the Council for assistance, stating that a lender asked for documentation that the three units on the lot could be rebuilt if destroyed or burned down. Without this, financing is not being approved and the property is not selling. The proposed zoning would address this problem, as discussed below. The Planning Commission held a public hearing on August 4 and recommended approval of the proposed RM-1 (Multi -Family Residential) Zone. Owners of the three affected residential properties in the amendment area, or their representatives, all spoke in favor of the proposed residential zoning. The Commission also reviewed written statements of opposition from the CDC staff and from the affected business, Dealers Direct used car sales, as well as from the attorney representing the owner of the property occupied by that business. In response to the letter from the attorney, staff clarified for the Commission that the business is now allowed only as a lawful nonconforming use in the CA Zone, as used car sales are not permitted in this Zone unless part of a new car dealership. The CA Zone was modified to restrict used cars sales for consistency with the objectives of the City's Redevelopment Plan. Commissioners stated support for the amendment to enable the residential owners to rebuild their structures and satisfy requirements for financing. Residential uses are not permitted under the currently applicable CA (Commercial Automotive) Zone. The Land Use Code provides for continuation of nonconforming residential uses but not for their replacement if destroyed or damaged to an extent that restoration exceeds 50% of the structures replacement cost. An exception is made for single-family homes, which may be rebuilt, reconstructed or enlarged. The Commission also considered the broader issue of the need for expansion of the Mile of Cars, which the CA Zone and the City's Redevelopment Plan encourage. The CA Zone is a minimum of one block wide for its entire length. There is no residential zoning between A Avenue and National City Boulevard. Although there is no current proposal to acquire the properties for a new dealership or expansion of an existing one, the area could continue to be planned for those purposes. The attached memorandum from the Community Development Commission recommends against rezoning the area. However, Planning Commissioners stated support for the proposed RM-1-PD Zone to protect the residential use in the area. Also, as the existing development is primarily residential, the half block may be difficult to assemble and combine for a new or expanded dealership. The Housing Element (Program no. 21) encourages consideration of amendments from commercial or industrial zoning to residential. Conflict between residents and the auto dealerships is not unusual, due to competition over on -street parking, deliveries of vehicles, and traffic from test driving vehicles, for example. The City has established parking districts to restrict parking for use by residents. Expansion of the Mile of Cars in this area, allowed by the CA Zone, may tend to increase the conflict. When initiating the amendment, the Council reviewed and chose not to pursue other options, including changes to regulations on nonconforming uses and changes to the CA Zone that would allow residential use. RECOMMENDED FINDING FOR APPROVAL That the proposed amendment From CA-PD (Automotive Commercial -Planned Development) to RM-1-PD (Multi -Family Residential -Planned Development) is in the public interest and consistent with General Plan policies, since it will provide increased opportunities for production and rehabilitation of housing, and the current development of the area limits its potential use for a new car dealership or expansion of a dealership. POSSIBLE FINDING FOR DENIAL That the proposed amendment From CA-PD (Automotive Commercial -Planned Development) to RM-1-PD (Multi -Family Residential -Planned Development) is not in the public interest nor consistent with General Plan policies, since it will limit the potential for expansion of the Mile of Cars in a manner consistent with its development pattern, extending at least one block east of National City Boulevard along the rest of the Mile of Cars. SUBJECT PROPERTY ZONE BOUNDARIES MULTI -FAMILY USE SINGLE-FAMILY USE LOCATION MAP 2508 A Avenue COMMERCIAL USE AUTO USE NATIONAL CITY PLANNING DRAWN: 3/26/03 0 Views of the amendment area from 25th Street 2516 A Avenue at left, 2508 A Avenue at right 2516 A Avenue in foreground Amendment area frontage on A Avenue 2520 and 2530 A Avenue, containing 8 apartments Dealers Direct used car sales to the left, apartments at the right Dealers Direct used car sales at 26th Street & A Avenue 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: Case File No. GP-2003-1/ZC-2003-1 Project Location: properties on the west side of A Avenue, between 25th and 26th Streets Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to the Combined General Plan/Zoning Map from CA-PD (Commercial Automotive -Planned Development) to RM-1-PD (Multi -Family Residential -Planned Development) Applicant Name and Address: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Telephone Number: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. Class _, Section (Definition) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the area is divided in small parcels, and most of them are developed with housing. A limited potential for additional housing development under the proposed RM-1 Zone would be affected by existing development and by the Planned Development Overlay, which requires discretionary review. The residential use is also consistent with existing development and zoning of properties to the east of the affected area, across A Avenue. Date: Steve Ray Principal Planner Recycled Paper Memo To: Roger Post, Planni Director From: Eric C Crockett CC: Paul Desrochers, en Martinez Date: 7/28/03 Community Development Commission NATIONAL CITY PLANNING DEPARTMENT Re: Redevelopment Agency opposition to the proposed General Plan Amendment to allow Housing on the West side of A Avenue. The Redevelopment Plan adopted on July 18, 1995 has several sections, which identify the authority of the CDC pertaining to situations like this one. The sections are as follows: (703) Transportation Center: "This use district encompasses all of the Commercial Zones (CA, CM and CH) along National City Blvd, south of 18th street to 33`d street and is designed primarily to furnish areas for new and used automobile and truck sales and services. The objective is to provide for a complete sales and service unit for each dealership on contiguous land...permitted uses in the transportation center use district include: • New automobile and truck sales, leasing and rentals. • Used auto and truck sales when part of a new dealership and located on contiguous land. • Service and repair of trucks and automobiles when provided by new vehicle dealer on contiguous property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous property. • Sale or rental of campers, camper trailers, vacation trailers, self propelled mobile homes, boats and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principle activity of the automobile and/or truck dealership. • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of this plan. The position of the CDC relative to this section is that housing is not an appropriate use on land, which is contiguous with the automotive dealerships located between 18t' street south to 33rd street. (708) Nonconforming Uses: The CDC is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this plan, provided that such use is generally compatible with existing and proposed developments and uses in the project area. The CDC may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the project area for buildings which do not conform to the provisions of this plan where, in the determination of the CDC, such improvements would be compatible with surrounding Project Area uses and proposed development. The CDC finds that the existing "Non Conforming" land uses located on the west side of A Avenue does not conform to the provisions of the redevelopment plan. Further that housing is not a compatible use to uses allowed under the CA zoning either with existing or proposed developments within the project area. (710) General Controls and Limitations: All real property in the Project Area is hereby made subject to the controls and requirements of this plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances... The CDC finds that allowing housing on property contiguous with the;: automotive dealerships located south of 18" Street to 33rd Street do not conform to the goals and provisions of the redevelopment plan. Thank you for the opportunity to provide comment of the proposed action to modify the existing CA zoning to allow housing. The CDC does not support any change in zoning within this special district. ® Page 2 /3 DEALERS DIRECT 45 EAST 26TH ST. NATIONAL CITY, CA. 91950 July 29, 2003 Roger G. Post Director City of National City Planning Dept. 1243 National City Blvd. National City , Ca. 91950 619-474-6220 I have recently received a "Notice of Public Hearing" relating tt, property that includes 45 East 26th St. where my business is located. We have occupied this location since 1998 providing employment and generating taxes for National City. In November 2001 we renewed our lease for another 3 years simply because our business is doing good. We have an outstanding relationship with our neighbors and feel that we are contributing to a clean and positive environment. The property described in the notice is the only one west of "A" St. that remains occupied with residential properties. The original decision of the Planning Department (CA-PD) was an appropriate one and reflects the desire of the general public. Let the Mile grow as it has proved that it can and let businesses like ours produce revenues, provide employment, and continue serving the community. I strongly oppose any change in the General Plan/Zoning Map. LAw OFFICES OF..J S DALEY July 30, 2003 HANDOUT ITEM NO.7 AUGUST 4, 2003 VIA OVERNIGHT MAIL City of National City Planning Depaitinent Attn: Roger G. Post, Director 1243 National City Blvd National City CA 91950 Re: Proposed Amendment to the Combined General Plan/Zoning Map from CA-PD to RM-1-PD for Properties on the Westside of A Avenue between 25th and 26th Streets Case File No. GP-2003-1/ZC-2003-1 Dear Mr. Post: This office represents Dolores Ilko, the owner, of what is depicted as property 45 26th Street, National City, California. This property, is directly impacted by the proposed amendment to the combined general plan/zoning map. The property is currently used as a used car lot. As I understand it, the proposed change from CA-PD to RM-1-PD would make the property a nonconforming use. While the current use would, ostensibly be grandfathered in, it would make the property less marketable in the event it was to be sold. Additionally, for years my client has had the idea of purchasing when available one of the adjacent properties on A Avenue and then expanding the current used parking lot. As I understand it, the proposed amendment would not allow this to occur. Since it is also my understanding that the remaining properties on A Avenue that are affected by the plan amendment are all residential at this time the only property which appears to be directly affected by the planned amendment would be my client's property. As currently presented, this could be construed to be an unlawful taking of my client's property without a condemnation proceeding or compensation for the same. In order to rectify the potential impropriety of the proposed amendment, it is requested, that the National City Planning Commission not adopt the proposed amendment. Instead, the zoning for the area could, if the city decided to include it concurrently include JOLE 1.. SMAIIA TIMOTHYJ. DALES ERIC S11;GLE.1 HIRES J. O'MEARA JAMES J, CLEMENTI OF COUNSEL VERANO S VERONO PROFESSIONAL LAW CORPORATION 7860 MISSION CENTER COURT • SUITE 100 ° SAN DIEGO, CALIFORNIA 92108• (619) 688-1557 FAX (619) 688-1558 Website: smaha-daev.com� J Page 2 RM-1-PD uses in this CA-PD zone which would in essence verify the uses of four of the five lots allow for flexibility in future development. At the same time, if the CA-PD zone also remains in effect, a person such as my client, would have the ability to potentially expand their lot in the future. Since the immediate vicinity and a number of blocks around the area are all related to the National City Miles of Cars and car related uses, it does not appear that the use of the property for a car lot purpose is contrary to the uses to the immediate vicinity as well as what was original contemplated by the city of National City when the area was zoned CA-PD. With the foregoing being said, all rights of Dolores Ilko are hereby reserved including the right of Dolores Ilko to appear at the hearing set on the matter for Monday, August 4, 2003 or to take any actions deemed appropriate. Please contact me should you have any questions.. Rekectxlly submitted, John L. aha Attorne or Dolores Ilko SMAHA & DALEY JLS/bmc cc: Dolores Ilko W 'Ilko 292national city letter wpd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2003 AGENDA ITEM NO. /ITEM TITLE PUBLIC HEARING - AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM CL TO RS-2 FOR APPROXIMATELY 1.06 ACRES AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE. (APPLICANT: CITY INITIATED) (CASE FILE NOS. GP-2003-3, ZC- 2003-2) PREPARED BY R4C DEPARTMENT Roger Post, 336-4310 Planning EXPLANATION This is one of two August 19 Council agenda items that address changes to the General Plan. Together, they make up the second amendment to the General Plan this year. State law allows cities to amend the General Plan no more than four times per year; multiple changes to the General Plan may be grouped and considered a single amendment. The attached report discusses the proposed amendment, which carries out direction on a recently approved subdivision. Environmental Review Financial Statement N/A X N/A Exempt Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD f COMMISSION RECOMMENDATION The Planning Commission recommended approval of the amendment. Vote: Ayes -unanimous ATTACHMENTS l Listed elo l 1. Background Report 2. Finding for Approval 3. Location Map Resolution No. 4. Site Photos 5. Proposed Exemption A-200 (MO) BACKGROUND REPORT The amendment area, at the southeast corner of 8th Street and N Avenue, is in the CL (Limited Commercial) Zone, contains approximately 1.06 acres, and is relatively level and vacant. A final subdivision map for eight single-family homes on the property was approved on June 17 this year. Adjacent development includes apartments to the east as well as across an alley to the south, in the RM-2-PD Zone. Single-family homes are located across N Avenue to the west, in the CL and RT Zones. The Palm Plaza Shopping Center is across 8th Street to the north, in the CL Zone. The proposed amendment would replace the CL (Limited Commercial) Zone with the RS-2 (Single -Family Residential) Zone for the approved subdivision site. The proposal involves no changes to previously approved plans for the eight new homes. These will all be two- story, 2,045 square foot homes, with five bedrooms and three bathrooms. All will have two - car garages. Construction of single-family homes may occur under either the currently applicable CL Zone or the proposed RS-2 Zone. However, the amendment will provide a benefit, as the residential zone will better reflect the intended use of the property, and the development plans conform to the standards for RS-2 zone. Also, the amendment will prohibit commercial use on the property in the future. Under the CL Zone, there would be potential for change of use on individual lots from residential to commercial, although the likelihood at this time may seem very small. The Planning Commission had initiated the amendment last December when acting to recommend approval of the eight -lot tentative subdivision map for the property. The Commission held a public hearing on the amendment August 4 and recommended that the amendment be approved. The finding (attached) was made that the amendment is consistent with General Plan and Housing Element policy. RECOMMENDED FINDING FOR APPROVAL That the proposed amendment to the Combined General Plan/Zoning Map from CL (Limited Commercial) to RS-2 (Single -Family Residential), for 1.06 acres at the southeast corner of 8th Street and N Avenue, is in the public interest and consistent with General Plan policies, since it will reflect an approved subdivision for eight single-family homes, and General Plan policies encourage consideration of changing commercial zoning for residential use, as well as actions that would protect single-family neighborhoods from incompatible nonresidential use. C % 100 Feet AMENDMENT AREA 945 RM-1-PD 1003 ZONE BOUNDARY LOCATION MAP Amendment to the Combined General Plan/Zoning Map from CG-PD to RS-2 GP-20033/ZC-2003- Inimmommi DRN. DATE: 7/23/03 INITIAL HEARING: 8/4/03 N A T I O N A L CITY PLANNING SITE PHOTOS 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: Case File No. GP-2003-3/ZC-2003-2 Project Location: south of 8th Street, east of N Avenue Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to the Combined General Plan/Zoning Map from CL (Limited Commercial) to RS-2 (Single -Family Residential) for approximately 1.06 acres at the southeast corner of 8th Street and N Avenue. Applicant Name and Address: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Telephone Number: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. Class _, Section (Definition) ❑ Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the area has already been approved for development of single-family homes under current zoning. The proposed zoning better reflects the planned use of the approved subdivision. Date: Steve Ray Principal Planner Recycled Paper ITEM #6 8/19/03 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part, of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT August 19, 2003 mEETIN DATE ITEM TITLE AGENDA ITEM NO. 7 Resolution Authorizing the Police Department to Accept Funds Pursuant to the California Highway Patrol Interstate 5 D.U.I. Corridor Safety Grant. PREPARED BY DEPARTMENT Police Sgt. Randy Bishop EXPLANATION ext. 4446 The Office of Traffic Safety (O.T.S.) has awarded the California Highway Patrol (C.H.P.) a grant to conduct D.U.I. education and enforcement operations along the Interstate 5 corridor for the period beginning July 2, 2003 through June 30, 2004. The goal of the program is to reduce D.U.I. related fatal and injury traffic collisions 5% along the I-5 corridor during the course of the program. The C.H.P. is soliciting commitments from local law enforcement jurisdictions to assist them in their enforcement campaign. As part of the program, the C.H.P. is planning on conducting quarterly D.U.I. checkpoint operations during the life of the program. The C.H.P. is requesting that (2) officers from N.C.P.D. be assigned to assist during each operation. The Highway Patrol will reimburse the City for any overtime incurred as a result of the program. It is anticipated that the Police Department would incur approximately (3500) dollars in reimbursable overtime for these operations. Several other local agencies have already committed to the program. In order to be considered for the program, the C.H.P. has required authorization from the City Council be adopted in resolution form. Environmental Review X)(Hif Fin ncial Statement There is no requirement for matching local funds to participate. The C.H.P. will reimburse all costs associated with this program. There will be no impact to the general fund. Account No. r_ STAFF EcoMMENDATION Approve the resolution BOARD I CDMMiSSlON RECOMMENDATION N/A ATT AC+rf ENTS I Listed Below Resolution No. 2003-117 C.H.P. Grant agreement with O.T.S. and program informational packet. A-200 (9/80),.�....,.,�..,._....._ RESOLUTION NO. 2003 — 117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE DEPARTMENT TO ASSIST THE CALIFORNIA HIGHWAY PATROL IN THEIR D.U.I. ENFORCEMENT PROGRAM, AND TO ACCEPT FUNDS PURSUANT TO THE CALIFORNIA HIGHWAY PATROL INTERSTATE 5 D.U.I. CORRIDOR SAFETY GRANT WHEREAS, the Office of Traffic Safety ("O.T.S.") has awarded the California Highway Patrol ("C.H.P.") a grant to conduct D.U.I. education and enforcement operations along the Interstate 5 ("1-5") corridor for the period beginning July 2, 2003 through June 30, 2004; and WHEREAS, the goal of the program is to reduce D.U.I. related fatal and injury traffic collisions 5% along the 1-5 during the course of the program; and WHEREAS, the C.H.P. is soliciting commitments from local law enforcement jurisdictions to assist them in their enforcement campaign, and is requesting that two officers from the National City Police Department be assigned to assist during each operation; and WHEREAS, the C.H.P. will reimburse the City for any overtime incurred as a result of the program, which is anticipated to be approximately $3,500 in reimbursable overtime for these operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the National City Police Department to assist the C.H.P. in their D.U.I. enforcement campaign, and to accept funds pursuant to the California Highway Patrol Interstate 5 D.U.I. Corridor Safety Grant. PASSED and ADOPTED this 19th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H Eiser, III City Attorney JUN. 3.2003 1:47PM NO.696 P.2/16 State of California Business, Transportation & Housing Agency OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT PROJECT NUMBER AL0392 PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE DRIVING UNDER THE INFLUENCE CORRIDOR PROJECT 2. NAME OF APPLICANT AGENCY CALIFORNIA HIGHWAY PATROL (CHP) 3. AGENCY UNIT TO HANDLE PROJECT PLANNING AND ANALYSIS DTyx'SIOP1 From: To: 4. PROJECT PERIOD Month — Day - Year 01-01-03 07-31-06 5. PnoJECTDEsc rup ICIN (Summarize the project plan covering the objectives, method of procedures, evaluation, and end product in approximately 100 words. Space is limited to 11 lines.) This project focuses on reducing fatal and injury traffic collisions attributed to driving under the influence (DUI). The goal is to reduce DUI -related fatal and injury collisions within California Highway Patrol (CHP) jurisdiction on roadways with a high incidence of DUI -related collisions. Project activities, implemented from April 2003 through December 2005, include both a public awareness campaign and enhanced enforcement directed at reducing a percent (to be quantified upon site selection) of DUI -related fatal and injury collisions on four corridors to be selected during the project's preparation. A local task force will convene for each corridor to coordinate and implement an aggressive approach to anti-DUT enforcement activities (e.g., DTJI-task force operations, roving -DUI -patrol, and DUI checkpoints), The task force will also implement an anti,DUF public education and awareness campaign. Positive and/or negative results of the combined law ,forcement/public awareness campaign will be published in a Final Report for each phase of the project. An Anti -DUI `-2Cction Plan addressing the DUI -issues for each corridor will also be included in the Final Report. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED; S1,055,483 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR NAME; J. F. INNEs Time: Chief AnnREss: 2555 First Avenue Sacramento, CA 95818 C. B. AUTHORIZING OpfICIAL op APPLICANT AGENCY (Signature) PHONE; (916) 657-4098 CAL OR ACCOUNTING OFFICIAL NAME: L. A. PAOLINI l l ,Jp 'OZ. (Date) NAME, TITLE: ADDRESS; J. A. FARROW PHONE: (916) 657-8048 Deputy Commissioner 2555 First Avenue Sacramento, CA 95818 l2.9•ea, (Date) D. • OFFICE AUTHORIZED TO RECEIVE PAYMENTS `�- • a. tea (Signature) PHONE: (916) 375-2733 TITLE: Commander Animas* 860 Stillwater Road West Sacramento, CA 95605-1649 NAME: Accounting Section ADDRESS; P. 0, Rex 942900 Sacramento, CA 94298-2900 ry OTS-38 (Rev, 11 /991 JUN. 3.2003 1:48PM • NO.696 P.3/16 , . rw,jG & (u,llw u, ,•Miff---.,-'. --- -. GRANTEE CHp PROJECT NO, AL0392_.,. EFFECTIVE DATE OF AGREEMENT: 1/1/2003 1., tion No. 1 Date: 1/6/2003 Revision No. Date: 1/6/2003 10. TYPE OF AGREEMENT! Initial X) Revision 1 Cont FUND 164 PROGRAM 03-AL TASK NO. 3 F,Y. 2003 _ 9. Action Taken Initial approval 2003 HSP funds obligated. State FY 2002.03 2700-101-0890 (379/02) Federal Cetelag No. 20,600 11. FUNDING DISPOSITION & STATUS Obligated This previously Obligated Total Amount Amount Suspended TOTAL FUNDS Fiscal Year 2002-03 Amount 256,458.00 430.015.00 250,025.00 118,985,00 2003-04 2004-05 2005-06 Total Action Obligated PROGRAMMED 1,055,483.00 256,458,00 0,00 255,458.00 799,025.00 1,055,483.00 12. BUDGET SUMMARY (From Schedule S Detai) - FISCAL YEAR GRANT PERIOD ENDING: 9/30/2003 COST CATEGORY 2003 GRANT PERIOD ' PRIOR GRANT 2002-03 TOTAL GRANT TOTAL PROJECT BUDGET ESTIMATE A. Personnel Costs B.-ravel Expenses C. Contractual Services D. Nonexpendeble Property E. Other Direct Casts F. Indirect Costs TOTAL FEDERAL FUNDS 152,458.00 8,000.00 40,000.00 0.00 56,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 152,468.00 8,000.00 40,000.00 0.00 55,000.00 0.00 820,663.00 40.000.0 60,000.00 0.00 114,800.00 0.00 256,458.00 0.00 255,458,00 1,0'55,483.00 13. PROJECT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY E. AGREEMENT & FUNDING AUTHORIZED BY NAME: KAREN COYLY TITLE: Regional Coordinator PHONE: (916) 262.1753 E-MAIL: JckcoyJeJots.ca.aov NAME: TITLE: Signature TERESA BECHER Interim Director Office of Traffic Safety 7000 Franklin Blvd., Suite 440 Sacramento, CA 95823 -- r v�. 80.4 ____ Office of Traffic Safety 7000 Franklin Blvd., Sacramento, CA Signature " 4'' Suite 440 95823 ang� OTS-38a' (Rev 5/98) JUN. 3.2003 1:48PM NO.696 P.4/16 SCHEDULE A PROJECT No.: AL0392 PROJECT DESCRIPTION Page 1 BACKGROUND A. General Characteristics The California Highway Patrol (CHP) is an operating department within the Business, Transportation and Housing Agency (BT$CH). Its authority and responsibilities are established in the California Vehicle Code. The overall purpose of the Department as a principal criminal justice agency is to ensure safety, • security, and service to the public. This is accomplished through: • Collision Prevention. To minimize the loss of life, personal injury, and property damage resulting from traffic collisions. • Emergency Incident/Traffic Management. Minimizing exposure of the public to unsafe conditions resulting from emergency incidents, -impediments, and congestion. • Law Enforcement. To minimize crime. + Assistance. To assist other public agencies. + Services. To maxim+'e service to the public in need of aid or information. B. Streets and Highways The Department is responsible for approximately 104,448 miles of highway. Of these, 14,194 miles are state highways' and 90,254 miles are county roads. In 2001, approximately 224 billion miles were driven on CIF patrolled highways. There were 2,150 fatal; 71,378 injury; and 146,305 property -damage -only collisions within CRP jurisdiction. As a result, 2,461 persons were killed and 112,105 were injured. C. O eratin D ent The organizational structure of the CEP divides the state into eight field Divisions. Within these Divisions are 99 Area offices. In addition to the eight field Divisions, there are eight headquarters Divisions and two headquarters offices which fall under the direction of the Commissioner or the Assistant Commissioners, Field and Staff The CHP Headquarters is located in Sacramento. As of April 1, 2002, the CHP had 7,001 uniformed and 3,249 non -uniformed authorized personnel positions. The CHIP has responsibility far providing 24-hour-a-day services every day of the year for over 34 million residents of the State of California and some 25 million motor vehicles. This includes Interstate Routes, United States Routes, and State Rotites tit, ! ? cn. `' u: r.t 1 w OT5.3ab (Roy 10/99) Driving Under the Influence CorridprProject JUN. 3.2003 1:49PM NO.696 P.5/16 SCHEDULE A PROJECT NO.: AL0392 PROXECT DESCRIPTION Page 2 The CHP will be the Department directly responsible for conducting the project. Special Projects Section, Planning and Analysis Division will be the Office of Primary Interest (OPI) for the project. D. Existing System. Road patrol officers are deployed on major highway systems within the Department's jurisdiction according to past traffic collision experience and future projections. Traffic safety public information and education efforts are conducted by assigned CHP officers as resources permit. Additionally, bilingual officers work with non -English-speaking communities to encourage their involvement with traffic safety issues. PROBLEM STATEMENT a10riving-underthe influe ce (DUI) affects -on traffic'safety continue to be a major concern for California. In the four-year period from 1998 to 2001, DUI primary collision (PCF) fatal and injury traffic collisions within. CHP jurisdiction increased 10 percent and within all jurisdictions increased 8 percent. For the same four-year period, *he number of DUI fatal collisions within CHP jurisdiction increased 34 percent and within all jurisdictions --- -,increased 34 percent. Because of the increase in DUI-PCF injury and fatal collisions, the CRP along with lot. law enforcement and other allied agencies will use the "corridor" approach to identify DUE problem roadway segments (corridors) and implement a public education campaign and enforcement effort on each corridor. Statewide Collision Statistics — Within CHP Jurisdictions 1998 1999 2000 2001 Fatal and Injury Collisions 69,178 68,029 72,005 73,528 680 Fatal Collisions Attributed to DUI 507 567 598 Collisions .. 7,217 7,177 7,271 7,779 8,459 2001 Total Fatal & Injury Collisions Attributed to DUI 7,724 7,744 7,869 Statewide Collision Statistics — AA Jurisdictions 1998 1999 2000 Patel. and Injury Collisions 192,082 191,874 201,679 931 204,996 1,048 Fatal Collisions Attributed to DUI 785 835 Injury Collisions Attributed to DUI 15,303 15,244 15,726 16,261 Total Fatal & lif Collisions Attributed to DUE 16,088 16,079 16,657 17,309 ATTEMPTS TO SOLVE THE PROBLEM From an enforcement perspective, the CHP attempts to minimize the loss of life, personal injury, and property damage resulting from traffic collisions. The CHP also attempts to minimize exposure of the public to unsafe conditions resulting from emergency incidents, impediments, and congestion. To accomplish this, the CHP lt— focused primarily on traffic law enforcement and public information programs. The CEP conducts sobriety OTS-3$h (Rov l0/99) Driving Under the Influence Corridor Project JUN. 3.2003 1:49PM NO.696 P.6/16 SCHEDULE A PROJECT NO.: AL0392 PROJECT DESCRIPTION Page 3 checkpoints to deter people from driving after drinking and 'various public awareness campaigns pertaining to DUI, safety belts and safe driving. The Department of Alcoholic Beverage Control (ABC) attempts to prevent the incidences of DUI through their alcoholic beverage licensing, training, public awareness, and enforcement programs. ABC also participates in the Designated Driver Program with the CHP, along with the programs supported by various state and local agencies. • Although various state and local agencies are committed to preventing collisions and improving motorist safety, an integrated approach focused on reducing DUI -related collisions, would produce a synergetic outcome which would improve motorist safety. By working together to reduce DUI -related collisions and improve motorist safety, new ideas and solutions along with a sense of ownership and responsibility for solving problems would result. This process would also identify new sources for funding projects and programs to reduce DUI -related collisions and improve motorist safety. Multidisciplinary corridor safety task forces, each of which works together to gain understanding of the problems on a. particular corridor and then support and implement solutions, have proven to be a dynamic way of improving traffic safety, both in the short- and long-term, on previous corridor projects. Staff has streamlined .....processes and drawn upon past experience from corridor projects involving task forces to make the most of the corridor program. However, it is necessary for current staff to take on more of a consulting role to assist Area offices and Divisions in conducting successful corridor programs with more local involvement in the functions of the task forces. It is anticipated as Areas complete successful programs, they will be able to apply the task force approach to other traffic safety issues. PERFORMANCE MEASURES A. Project Goal To reduce fatal and injury collisions attributed to DUI on four selected roadway corridors with a high incidence of DUI -related collisions. Exact goals will be established within three months after the four highway corridors are selected: Corridor 1— by March 31, 2003; Corridor 2 — by June 30, 2003; Corridor 3 — by September 30, 2003; and Corridor 4 — by December 31, 2004. n. o jAssLbjectives 1. To select four corridors recommended by CUP Divisions, based upon input from CHP Areas. Task force members will be identified and the initial meeting for each corridor will be scheduled: Corridor 1— by March 31, 2003; Corridor 2 - by lune 30, 2003; Corridor 3 — by September 30, 2003; and Corridor 4 -- by December 31, 2004. ors-38E(14.ov 10/99) Driving Under the Influence Corridor Project JUN. 3.2003 1:50PM NO.696 P.7/16 SCHEDULE A PROJECT No.: AL0392 PROJECT DESCRIPTION Page 41 2. To provide OTS with the required documentation of local support:2 Corridor 1— by March 31, 2003; Corridor 2 — by June 30, 2003; Corridor 3 — by September 30, 2003; and Corridor 4 — by December 31, 2004. 3. To develop, publish, and distribute an operational plan establishing the method of operation and the policies applicable to carry out the grant program: Corridor 1 - by March 31, 2003; Corridor 2 - by June 30, 2003; Corridor 3 — by September 30, 2003; and Corridor 4 — by December 31, 2004. 4. To conduct a language assessment of the project's service area to determine needs for materials in languages other than English for each corridor upon site selection. 5. To convene a local task force for each corridor. A minimum of four task force meetings per task force shall take place during the project's Implementation Phase: Corridor 1— by April 1, 2003, through March 31, 2004; Corridor 2 — by July 1, 2003, through June 30, 2004; Corridor 3 — by October 1, 2003, through September 30, 2004; and Corridor 4 — by January 1, 2005, through December 31, 2005. 6. To coordinate, through the task force, an aggressive approach to anti -DUI enforcement activities (e.g„ DUE -task force operations, roving -DUI -patrol, and DUI checkpoints) on each corridor and to identify potential methods to decrease DUI behavior. The task forces will work to implement at least four anti -DUI enforcement activities on each corridor: Corridor 1 by March 31, 2004; Corridor 2 — by June 30, 2004; Corridor 3 — by September 30, 2004; and Corridor 4 — by December 31, 2005. 7. To implement, through the task forces, an aggressive and proactive anti -DUI public education and awareness campaign on each corridor within six months after each initial task force convenes; Corridor 1 — by September 30, 2003; Corridor 2 — by December 31, 2003; Corridor 3 -- by March 31, 2004; and Corridor 4 — by June 30, 2005, 8. To submit any known print clips by 0900 hours to the OTS Regional Coordinator and the OTS Public Information Officer (PIO) via e-mail at pio©ots.ca.gov, or via fax at (916) 262-2960. The publication name and date the article was published will be included. 9. To fax to OTS at (916) 262-2960, at least two weeks in advance, a short description of any new traffic safety event or program. Faxes will be addressed to the OTS Regional Coordinator and the OTS PIO. 10. To e-mail or fax all press releases or media advisories/alerts to the OTS Regional Coordinator for approval in advance of their release. r Projects designated by OTS as "for local benefit," requi1F dbt o,tati spoe support. For "Corridor"" patio documentation will be provided as soon as practical af%r selection Of the ioadkvays tabe involvedrM theproject OTS-30 (Rev 10/99) Driving Under the Influence Corridor Project JUN. 3.2003 1:50PM NO.696 P.8/16 SCHEDULE A PROJECT No.: AL0392 PROJECT DESCRIPTION Page 5 11. To develop and publish with the Final Report an Anti-UUTAction Plan for each corridor addressing the traffic safety issues specific to each corridor: Corridor 1 — by October 31, 2004; Corridor 2 — by January 31, 2005; Corridor 3 — by April 30, 2005; and Corridor 4 — by July 31, 2006. 12. To use the following standard language in all press and media materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety." NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that an officer issue a specified or predetermined number of citations in pursuance of the obligations hereunder. METHOD OF PROCEDURE The "corridor" approach will be used to coordinate anti -DUI operations on four California roadways. Representatives from entities with an interest in or responsibility for traffic safety on each corridor will form a task force for each corridor. Special Projects Section, with assistance from Research and Planning Section, will ^oordinate the efforts and act as a consultant to each task force. Grant funding will provide for enhanced „_,..hforcement and support personnel costs for a project coordinator, overtime; task force travel and meeting facility costs; and equipment each Area may require. project Schedule Corridor Preparation Phase Implementation Phase Data Gathering and Analysis and Task Force Safety Action Plan and Draft Final Report Review* 1 01-01-03 to 03-31-03 04-01-03 to 03-31.04 04-01.04 to 10-31-04 2 -04.01-03 to 06-30-03 07-01-03 to 06-30-04 07-01-04 to 01-31-05 3 07-01-03 to 09-30-03 10-01-03 to 09.30-04 10-01-04 to 04-30-05 4 10-01-04 to 12-31-04 reel Traffr R 01-01-05 to 12-31-05 01-01-06 to 07-31-06 "'Slatewida Xnte Implementation Phase ending date, The Final Reppor presented the task force in draft form before it six is s nths following 1Q� g the The project will be completed in four phases: Program Preparation, Implementation, Data Gathering and Analysis, and Final Report and Executive Summary. A. Phase I —Program Preparation (January 1, 2003, through December 31, 2004) All necessary preparatory actions will be accomplished to effect a prompt and smooth transition to the Implementation Phase. Preparatory actions include the following: OTS-38b (Rev 10/99) Driving Under the Influence Corridor Project JUN. 3.2003 1:51PM NO.696 P.9/16 +,1 1. For each corridor: SCHEDULE A PROJECT No.: AL0392 PROJECT DESCRIPTION Page o 1 a. Select the corridor. b. Identify prospective task force members. ✓ c, Provide a sample resolution to any city(ies) that may be involved in the grant. d. Locate a convenient meeting place. e. Prepare an initial agenda that includes project goals and objectives and an overview of grant funding resources and guidelines. f. Collect and format three years of corridor DUI -related collision data for analysis by the task force and Grants Management Section (GMS). Data will include, at a minimum, the location, primary collision factor, time of day, day of week, and month of year for all fatal and injury collisions. g. Begin the procurement process to acquire grant funded equipment. h. Develop a deployment strategy using project -funded enforcement overtime. . i. Conduct an initial task force meeting. 2. The operational plan will be developed, published, and issued. 3. The project logo will be developed. 4. The OPI will prepare and secure required OTS approvals5 for, and issue the pre -project news release. 5. The OPI will submit requests for any necessary contractual documents, ensure that OTS receives copies of such requests, and provide copies of all executed contracts to OTS. 6. The OPI will accomplish any other preparations necessary for timely project implementation, e.g., planning community safety presentations, coordinating with allied/other agencies, completing the language survey, preparing purchase requisitions for submission after OTS' official funding authorization, etc. rr.p .rA• �: � 3 All news releases must be approved by OTS via e-mail or fax. Statevw►'de !Kws r I asrvs m& iitpproved by the CHP Commissioner. III • OTS-18e (Rey t0199) Driving Under the Influence Corridor Projec JUN. 3.2003 1:51PM NO.696 P.10/16 SCHEDULE A PROJECT No.: AL0392 PROJECT DESCRIPTION Page 7 B. Phase II — Implementation (April 1, 2003, through December 31, 2005) Project -related activities will be completed, Participating commands and allied agencies will accomplish assigned enforcement tasks. The public awareness campaign will be conducted. Progress toward objective accomplishment and goal achievement will be reported. Activities include the following: 1. Uniformed personnel will be deployed on overtime in support of project goal/objectives. 2, Checkpoints will be conducted to apprehend impaired drivers. 3. Allied agencies will participate in overtime and checkpoint deployments, if applicable. 4. For each corridor: a. Each task force will meet at least quarterly, but may meet more often as necessary, b. Each task force will decide the most effective use of resources provided by the grant to meet the project goal of reducing DUI -related reportable traffic collisions. c. Each task force will coordinate an aggressive approach to anti -DUI enforcement activities (e.g., DUI -task force operations, roving -DUI -patrol, patrol, and DUI checkpoints) for its respective corridor and identify potential methods to decrease DUI behavior. The task forces will each work to implement at least four anti -DUI enforcement activities. d. Each task force will implement an aggressive and proactive anti -DUI public education and awareness campaign for its respective corridor within six months after each initial task force convenes. e, Each task force will develop an Anti -DU Malan Plan for its respective corridor, the final version of which will be published with the Final Report. At a minimum, the Anti -DUI Action Plan will include the following elements: 1) Safety issues (concerns, problems, etc.). 2) Safety solutions (short- and long-term). 3) Assignment of responsibilities. 4) Identification of funding sources. 5) Implementation schedule. ors-38b (Ray 10/99) Driving Under the Influence Corridor Project JUN. 3.2003 1:51PM NO.696 P.11/16 SCHEDULE A PROJECT No.: AL0392 PROJECT DESCRIPTION Page el 5. The OPI will report progress toward the project goal and objectives in quarterly reports through channels to OTS.4 C. Phase III -- Data Gathering and Analysis (Throughout project period) Data will be gathered on all project activities and results in order to support quarterly and final reporting of progress toward accomplishment of project objectives and achievement of the project goals D. y Phase N — Final Report and Executive Summary (October 1, 2006) A Final Report and Executive Summary will be prepared specific to each corridor. Additionally, an overall project Executive Summary will be prepared to accompany all four corridor Final Reports which will be submitted to OTS not later than 60 days following the project ending date. The Final Report will include each Anti -DUI Action Plan. METHOD OF EVALUATION sung the data compiled in Phases III and N, the project manager will evaluate: (1) how well the stated pro. goals and objectives were accomplished; (2) whether all the activities outlined in the Method of Procedure were performed in accordance with the project agreement; and (3) the project's cost effectiveness. STATEMENT OF LATENT It is the intent of the CRP to continue to work within and encourage participation in coalitions of entities with responsibilities for, or an interest in, traffic safety. Should this "DUI corridor" approach continue to produce positive rest its, it is the intent of this Department to seek funding to convene task forces to address the reduction of DUI -related reportable collisions on other corridors as identified. 1 Statewide Integrated Traffic Records System (SWITRS) collision data is normally available approximately six months after the end • <each reporting quarter. Thtougi}ont the project, unofficial locally -tracked collision data may be reported during the interim until Ucial SWITRS data becomes available. Quarterly reports will clearly indicate any changes to previously reported data. Although not a project goal of objective, citations issued by officers on project -funded ove�ur�e will be coded with a "special prt, code" to track the number of citations issued and the types :lg. vi�l�tit �;.�C Rv '6 1: ? OTS-38b (Rev 10/99) Driving Under the Influence Corridor Project 3UN. 3.2003 1:52PM NO.696 P.12/16 SCHEDULE A-1 PROJECT No,; AL0392 -'ADMINISTRATIVE SUPPORT STATEMENT - Explain what type of priority this project has in your jurisdiction. This project is considered by the Department to be of high priority and has the full support of management. AGENCY CONTRIBUTION - Explain what services or funds are being contributed by your agency in support of this project, The Department will provide all services necessary for coordination, administration, and evaluation of this project. The contribution will include, but is not necessarily limited to: ri CONTRIBUTED ITEM % FY-I FY-2 FY-3 FY-4 TOTAL Indirect costs (associated with grant- 10.47% $15,962 $37,495 $20,241 $12,227 $85,925 funded personnel costs) Division/Air Coordinators (4 sergeants) Salary 5 10,928 15,737 16,994 18,355 62,014 Benefits 5 5,112 7,361 7,949 8,586 29,008 Indirect costs 5 1,679 2,418 2,612 2,821 9,530 Area Coordinators (4 officers) Salary 2 3,595 5,176 5,591 6,038 20,400 Benefits 2 1,682 2,421 2,615 2,824 9,542 .indirect costs 2 553 795 859 928 3,135 Patrol vehicle mileage (at 100 miles/ 8-hour-shift and $0.45/mile) 100 9,750 3,218 1,073 715 14,756 Total Agency Contribution 22% $49,261 $74,621 $57,934 $52,494 $234,310 OTS-38c ¢tcv 10(99) `r "p4. M{'. . Driving Under the Influence Corridor projects /aaAid .eapt4.iop aouan/fuf ayi J$pun 2u/aMd 9z6 gag 49L' L Zge BLL14 'Ogg' L 009 99£'137 949'9Z 54919Z Obtr'Lt OZL'£Z 099'SL4 Meet, 98E'Oz 4)Z4'£ 9Z4'e 94E'9 ZLL'E 0094£Z 9LB'S OZL'Z$ 936 936'Z s49'5Z 9Z4'E$ 936 49L' L S4E'9 549'9Z Ofr7'LP sz4'E 54e'9$ Z99 911'9 LLL'Zz OZL'EZ 099'SL4 Z14'£ 005'£Z$ oee'L 009 Otee'L OZ6'E4 SEE'OZ 9/9'9 OZL'Z$ (90/4E/34 - 90/1/04) 'JUIEO'LE$ 00 'sail 5z (G0/0916 - 50/ L/L) uwsd'LE$ 0 'WM 5Z (S0/0E)9 - ty0/U04) '111/LZ'2E$ 6 'tie OS 4,o/0£/6 - 'OWL) 'JU/LZ'9E$ ® 'say 0 (170/0E/9 - goIUOL) 465'99g el's1u OM (60/0E/6-E0/1a)J4169'996t§)'0JLOs (E0/0er9 • EO/L/b) Ante" LEg (?? 'SJL19Z OOb • paddhg suofl oIUnufwoo 3. sincH 01hJenO pelddomun-SON %sLO'QL 0 ijeUeg peuuo}Iun '9 (90/9Z/Z-50/4/04)'JUIErL2$ 'a114009 (20/0E/6 - 50/4/L) 'J4I£3' 4S$ 0 '9J4 009 (9O/0£/9 -1e0/ L/0 L) 'J►1 /b4'Lp$ 0 'sJ4 000' 4 (40/DE/6 - 40/4/L) 'J4/b4'Lb$ CD 'SJy 005 (1Polo£/9 - E0/L/04)'JyWZ6'E4$ 6 -sly poet (E0/0£/6 - Eon/L) 'JW36'£4$ 'sJ1000' I. (90/0E/9 - EO/04 'Jy/L9'04$ .gg 'RN nos 000'9-is34U0 'Z (90/0z/Z - s0/I/0 L) 'Jy16Z'Z9$ 01 'sal 55 (50/0£l6.90/L/6 'Jw6Z'39$ 0 'sJM s9 (50/0E/9 - 40/1/0 L) 'J4199'19$ CO 'si4 O L L (90/0E/6 - 40/41L) `J4/99'L4$ ID 'SJy 99 (10/05/9 • £0I4/0L) 'J41I40E9$ gb 'RN Opp (Eo/ove•EO/LIL)'J4/L4'ES$0'sJ4OI4 (60/0E/9 • EQ/L/) 'J4/94'64,$ @ TN 999 099 - (Uo19lnledhs) 4uee6J02 • I, sJnOH awl1JenO peu4Jogun S1SQO12NNOSa3d V J,03rOild al 1800 1V101 90/1E11 o; 90/1/04 17-A4 SO/06/60 o; 40/L/01. C-AA 170I0E16 04 EO/L1O4 Z•Ad CO/OE/6 04 60/414 4•A4 A1:IO031V91500 S31t/WI153 (A) av3A-Ib3Sid Z6E01V'ON 103ro1:1d aivoilisa13Jdng CI31lv.L a 4 3OYd 1� S"Ild3HOS 9S/EV'd 969'0N Nd2S 1 £002'E 'Nflf JUN. 3.2003 1:52PM NO.696 P.14/16 SCHEDULE B PAGE 2 DETAILEP BUDGET ESTIMATE PROJECT NO. AL0392 COST CATEGORY FISCAL YEAR (PO ESTIMATES FY•1 FY•2 FY-3 • FY-4 111/03 to 10/1/03 to 10/1/04 to 1011105 to 9/30/03 9/30/04 09/30/05 7/31/06 TOTAL COST TO PROJECT A. PERSONNEL COSTS (continued) rt•unl1'ormed Kim ular.tjT4 §alary S. TRAVEL EXPENSES otal Travel Ex • apses 939 1,947 7,788 1,036 694 364 2.044 1,088 38 1,030 892 2.281 662 272 29,982 15.741 $47,223 $16,527 $49,581 $17,355 $52,065 $8,074 19,229 26,811 28,151 24,451 $8,000 $22,000 $8,000 $8,000 $22,000J S8 0001 14:11''j, Cii::,•t' $2,000 $40,000 $2.000 S40,000 Driving Under the Influence Corridor Project JUN. 3.2003 1:53PM NO.696 P.15/16 SCHEDULE B PAGE 3 DETAILED BUDGET ESTIMATE PROJECT NO. AL0392 COST CATEGORY FISCAL YEAR (FY) ESTIMATES TOTAL COST TO PROJECT FY-1 1/1/03 to 9/30/03 FY-2 1011/03 to 9/30/04 FY-3 10/1/04 to 09/30/05 FY-4 1011103 to 7/31/06 C. CONTRACTUAL SERVICES 1. Allied Agencies $40,000 ' $20,000 $20,000 $80,0' 1 Total Contractual Services $40,000 $20,0001 $20,000 $0 $80,000 D. NON -EXPENDABLE PROPERTY Total Non -Expandable Pro . ertY I _ $0I $0 $0 $0 $0 E. OTHER DIRECT COSTS 1. Publicity Materials (7,5% tax Included) 2. Conference Room Facility Fees 3. Support Equipment such as: fax machines, laptop computers, PAS devices, TVNCR, Fatal Vision Kits, LCD projectors (no one item will exceed $4,900.99) _. $30,000 1,000 25,000 $15,000 2,400 $12,500 $15,000 1,200 $12,500 $200 $50.00' 4,1300 50,001 , otal Othe fir Gtract Costs $58.000 329,900 $28,7001 $200 $114.800I F. INDIRECT COS Total Indirect Costs $0 $0 J $0 $0 OTAL BUDGET ALL CATEGORIES $256,458 $430,015 $250,025 $110,985 $1,055,483 Driving Under the Influence Corridor Project California High San Diego STATEWIDE PROJECT OVERVIEW • Federally funded proje ocusing on reducing DUI related collis s along four specific highway corrido northern and southern. Califon - San Diego Area: 1-5 from the international Border to SR-15 (12.6 miles) — Oceanside Area: Valley Center Road (1 miles) —Sonoma County: SR-128 (24.6 miles) — Shasta County: SR-44 (67.20 miles) STATEWIDE PROJECT ntin ed) • Local coordination is comp -d of several CHP Area offices, Alli -w Enforcement Agencies, and Community Task Forces. • Activities include public awareness campaigns to educate and emphasiz the dangers of DUI. • Statewide Grant Total is $1,055,483. CAMPAIGN GOAL • Reduce DUI related fatal a injury collisions by 5 percent the course of the grant. 1 WHAT WE ARE UP AGAINST • San Diego County has - added challenge of its proximity • e international border with Me - where the legal drinking age is 18 ye • Aggressive marketing practices t thousands of high school, college, university students to drink in Mexic • High volume of intoxicated pedestria youth crossing back into the U.S., wh often become intoxicated drivers. • Common practice of "Binge" drinking in Mexico. DI IRI Ir OPINION Based on a comprehensive tel-: one poll: • 84% of San Diego County resid - think underage drinking by San Diego y serious problem. • 77% say cross -border drinking negativ affects the quality of life in local commu • In the same poll, strong majorities of registered voters supported increased law enforcement at the border (93%), and restrictions on ads targeting underage youth drink in Mexico (80%). SOURCE Institute for Public Strategies (June 7, 2002) 2 TASK FORCE MEMBERS • CA State Senate, 409, District — Senator Denise M. Ducheny • CA State Assembly 79'^ District — Assemblymember Juan Vargas • County of San Diego — Supervisor Greg Cox • DOT/Caltrans Dist. 11 • In ' ute of Public Strat s • MCAS • MCRD • MADD • Navy Region So • South Bay District Attorney • Southern California Automobile Club REGIONAL ISSUES — • tower le4dl di inking dye OS -Years uldj easy availability, and low c. make crossing the border to Mexico . ' .eating for underage drinkers. • Thousands of underage individuals , ing high school and college age students into Mexico to consume alcohol at loca in Tijuana. • Tijuana is also a big attraction to local military personnel under the age of 21. • Majority of the underage drinkers and sometimes inexperienced drivers travel bac into the United States and drive throughout region in an intoxicated state. 3 TARGETED CORRIDOR •The 1-5 corridor be - - n the International Border a SR-15 continues to be major feeder route for D drivers (18-24) returning to residences north of the South Bay Area. TRAFFIC INCIDENTS •Many of the DUI rel- -d collisions investigated the CHP outside of the South Bay area involved impaired drivers who start from at or near the International Border. 4 Or., trial worm G. Melno workee struck and 4111.d,n Id tan,..r 116wSrnOun a'. odaelreram4+atpofiryial,.t Although de la Garin got a room at the Olympic Reson and Spathe left the room, drove to the U.S...iexico border and headedback north before: eventually eraahina into Llernande7 who was working for a company that contracted with the state to help with freeway repair work, Still. said. "The group was returning from a night of drinking in Tijuana, court records showed." Sources North County TimOS, march 15, 1999 T41a>.Wl<Ou[eamwsua freer 4aa11S.I forma ler carte[ Neviv[antht web. North County Times 1 killed in auto crash Night of partying in Tijuana lends to tragic end de Moreland vur .a.a. CASUALTIES •Among others, two Oceanside CHP Office were victims of underag DUI drivers who had been drinking in Mexico. VICTIMS OF DUI DRIVERS • Officers Sean Nava and Stephen Linen were assigned to the Oceanside CHP office when th were struck and killed by DUI drivers within a ye of each other. • Both DUI drivers were underage (20 years old) an had been drinking all night in Mexico. e Both Officers were killed at approximately 0600 hours within a few miles of each other. • Both officers were standing within the freeway shoulder when they were struck. 6 AGE OF PEDESTRIANS CROSSING INTO SAN DIEGO (BETWEEN 12 AM AND 4 AM) 6% .. 16%. rj 1G%.. 6^A PX. <t] 18 2G 21.36 2 Age 3649 6434 SOUR.' : a.::bar ale ...,g ey'4 andlns4Nle . .:e Iraleges(,MY SAN DIEGO AREA FUND Ai I OC,AT -n- • Approximately $263,000 of otal grant is to be used for the San Interstate 5 corridor for enhance enforcement and education efforts. • The goal is to reduce DUI related incidents by 5 percent through partnerships with local law enforcement and community groups over the course of one year. EDUCATIONAL AND PUBLIC AFFAIRS EF ORTS • Continuous safety talks to civilian groups on the dangers ary and DUI • Coordination with local media fo awareness via radio shows, news stories, and public affairs programs • Participation in community fairs and local street festivals to promote safety • Educational programs through schools 7 • Operation Safe Crossing — Spearheaded by SDPD Souther OTHER TASK FORCE FFF • DUI Task Force — Implemented on January 2002 : > - San Diego CHP Office — Involves two (2) two -officer units. —Task Force hours are from 2300 — 08 hours. — Primary responsibility is DUI enforcemen in the South Bay area, and DUI turnover from the San Ysidro Port of Entry. OTHER TASK FORCE EFFOR S • Removin aired Drivers ("R — Includes Sob Checkpoints, a proactive DUI Patrol Operations • Summer Safety Campaign 8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2003 AGENDA ITEM NO. 8 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CLOSURE OF THE SWEETWATER CHANNEL LEVEE BIKE PATH I- PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION The California Department of Transportation is constructing a section of the Bay Shore Bikeway, Class I bike path along 1-5 between F Avenue in the City of Chula Vista and 24th Street in the City of National City. This will require the temporary closure of the existing bike path and rerouting of bicycle and pedestrian traffic for six (6) months or less, while a bridge is constructed across the Sweetwater River. It has been determined that the closure is necessary in order to construct a temporary falsework structure. This falsework will be assembled atop the exisiting Class I bike path that runs along the north levee of the Sweetwater River Flood Control Channel and would provide insufficient vertical and horizontal clearance for bike path users, creating unsafe conditions for bicycle and pedestrian users of the bicycle path. Per their attached letter, Exhibit "A", the Department of Transportation is requesing closure for a period of 6 months or less, beginning September 15, 2003 and ending March 15, 2004 or sooner, to complete this section of the bike path. Staff will ensure the provision of proper detour and closure signage in conformance with Caltrans Standards. Attached, you will find a map of an alternate route for the bike path (Exhibit "B") proposed by the Department of Transportation. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Allow the closure and detour of the bicycle traffic. V1't �C BOARD / COMMIS N/A N RECOMMENDATION Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. ` Exhibit "A" - Letter requesting the Bike Path Closure 2. Exhibit`B" — Department of Transportation, Proposed Alternate Route Map Resolution No. 2003-118 A-200 (9.99) RESOLUTION NO. 2003 —118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CLOSURE OF THE SWEETWATER CHANNEL LEVEE BIKE PATH WHEREAS, the California Department of Transportation is constructing a section of the Bay Shore Bikeway, Class I bike path along Interstate 5, between F Street in the City of Chula Vista and 24th Street in the City of National City, which requires the temporary closure of the existing bake path and rerouting of bicycle and pedestrian traffic for approximately six (6) months, beginning September 15, 2003, and ending no later than March 15, 2004, in order to construct a temporary falsework structure; and WHEREAS, the falsework structure will be assembled atop the existing Class 1 bike path that runs along the north levee of the Sweetwater River Flood Control Channel, and would provide insufficient vertical and horizontal clearance, creating unsafe conditions for bike path users. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the closure of the Sweetwater Channel Levee bike path during the construction of a temporary falsework structure by the California Department of Transportation, beginning September 15, 2003. PASSED and ADOPTED this 19th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 2829 JUAN STREET O BOX 96 EXHIBIT A SAN DIEGO, CA 92186-5406 PHONE (619) 688-6721 FAX (619) 688-2587 August 11, 2003 Steven Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Kirkpatrick Flex your power! Be energy efficient! Re: Temporary closure of the Sweetwater Channel levee bike path This is a follow up to the letter from Jason Reynolds dated June 12, 2003, and our phone conversation on August 11, 2003. In order to construct a bike bridge over the Sweetwater River flood control channel we need to erect falsework that will require a temporary closure of the bike path on the north levee. The closure is scheduled to begin September 15, 2003 and end March 15 2004. Our current construction schedule shows the falsework in place for this entire 6 month period. Additionally as we discussed we will modify the proposed bike detour as follows: From Pepper Park bikes would be rerouted north on Tidelands Avenue, then east on Civic Center Drive, then south on Wilson, then east on West 22nd, then south on Hoover to reconnect with the bike path at 33rd street. This revised detour will avoid the construction planned by the City at Bay Marina Drive / Mile of Cars Way. The Department has concluded that Section 4(1) of the U.S. Department of Transportation Act of 1966 does not apply to this temporary closure. As stated in the letter from Jason Reynolds we are requesting written concurrence from National City as the jurisdictional authority over this resource, that the bike path closure is only temporary in nature, that there is no change in ownership, that there are no anticipated adverse impacts, and the scope of work is minimal. Thank you for your help in this matter. If you have any questions or need additional information please call. Sincerely, David Stebbins Design Manager Attachments. "Caltrans improves mobility across California" EXHIBIT B W. NTH er. WNW SWEEIWATER RIVER FLOOD CONTROL CHANNEL CITY OF CHULA VISTA ■ PROPOSED BIKE LUTE/PATH CLOSURE N PROPOSED TEMPORARY BIKE ROUTE DETOUR CONSTRUCTION SITE City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August 19, 2003 AGENDA ITEM NO. 9 /ITEM TITLE A RESOLUTION APPROVING "NO PARKIING - TOW -AWAY — STREET SWEEPING" SIGNS ON SEAWIND DRIVE, CALLE DELGADO, AND MEADOW DRIVE PREPARED BY EXPLANATION Adam Landa 336-4580 DEPARTMENT Public Works/Engineering The City Council, at its meeting of August 5, 2003, approved the installation of "No Parking - Tow -Away — Street Sweeping" signs on Seawind Drive, Calle Delgado, and Meadow Drive. As requested and approved, the parking restriction is to be from 7:00 am to 12:00 pm on Tuesdays. The adoption of this Resolution is administratively required and is in accordance with the approval of the parking restriction. The signs will be installed within four to six weeks. Environmental Review N/A Financial Statement The cost of $1,575 will be absorbed in the existing Public Works Approved By; Street M&O budget. >STAFF RECOMMENDATION Approve the Resolution. Ott Finance Director Account No. BOARD / COMMISSION RI✓ COMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 1. Resolution 2. Council Report of August 5, 2003 A-200 i9 92i 2003-119 RESOLUTION NO. 2003 — 119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL STREET SWEEPING SIGNS TO RESTRICT PARKING ON SEAWIND DRIVE, CALLE DELGADO, AND MEADOW DRIVE WHEREAS, Mrs. Aurelia Vivanco, the owner of 1432 Meadow Drive, has requested the installation of street sweeping signs to restrict parking on Seawind Drive, Calle Delgado, and Meadow Drive because the street sweeper is unable to clean the street due to parked vehicles. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby authorized to install street sweeping signs to prohibit parking on Seawind Drive, Calle Delgado, and Meadow Drive from 7:00 a.m. to noon on Tuesdays. PASSED and ADOPTED this 19th day of August, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City o Natiofal City, California COUNCIL AGEN A STATEMENT MEET0l G DATE August 5, 2003 ()TEM TITLE AN APPEAL TO THE CITY COUNCIL FOR "NO PARKING - STREET SWEEPING" SIGNS ON SEAWIND DRIVE, CALLE DELGADO AND MEADOW DRIVE PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATiO See attached explanation. En-Arorimentai Review DEPARTMENT AGENDA iTE Public Works/Engineering Fiu><avwtal Statement The cost of purchasing and installing Approved � a Signs is approximately $175 each. Nine would be necessary to Finance Director adequately post the parking restriction; therefore, the total cost would be approximately $1,575. The cost could be absorbed in the existing Public Works Streets M&O budget. STAFF RECOM EG DATiI That Council consider the nee or installing signs and the costs of installing signs and provide direction to Staff. Account No. e =Arm I F OVARi° ISS50 RECOMIE'AJifr N/A 1. July '15, 2003 Council Report Resoimidon 1 EXPLANATION: At the July 15, 2003 City Council meeting, this appeal was presented to the City Council for consideration. (Please see the attached report) It was brought to Council because the staff evaluation of the request to have the parking restriction implemented was negative and the requester was unhappy with that outcome. It was the opinion of the Public Works Department that the streets could be adequately cleaned in this area without restricting the limited parking that is available. The Council requested additional information during the meeting on July 15, 2003, and therefore continued the issue until the August 5, 2003 meeting. The Council requested that staff prepare a cost estimate to install the signs for the parking restriction. They also wanted verification of the sampling of signatures on the petition presented by the requester to see if in fact residents signing the petition wanted the parking restriction. Verification was deemed necessary since it is not written anywhere on the petition signature sheet what signing it actually represented. The cost of purchasing and installing signs is approximately $175 each. Nine would be necessary to adequately post the parking restriction; therefore the total cost would be approximately $1,575. The cost could be absorbed in the existing Public Works Streets M&O budget. Staff spoke to five of the people that signed the petition. The five where selected at random from the sheets. According to all five they understood what they were requesting by signing the petition. City et National City, California ' , COUNCIL, AGENDA STATEMENT Ee,7[ G EAT : N`i LG1( TITLE AN APPEAL TO THE CITY COUNCIL FOR "STREET SWEEPING" SIGNS ONSEAW1ND DR, CALLE DELGADO, AND MEADOW DR (VIVANCO) WRITTEN Co f]NICATIONS 14 Y Adam Landa 619/336-4394 EXPLAir o PUBLIC WORKS/ENGINEERING Mrs. Aurelia Vivanco, the owner of 1432 Meadow Drive, has requested the installation of "Street Sweeping" signs on SeawindtDrivhe e, Calle Delgause the a are Mevehadow rive.parkAccording to Mrs. Vivanco, the street sweeper can not clean here: The Public Works Department investigated the request to install "street sweeping" signs in this area. Our ion of his duties. We also had our Maintenance nan sweeper has hot reported investigate nvanyo hero request ems ath andhe hefoundtthat there was no problem with the propert operation Supervisor wn g operation of the street sweeper in the area. The Street Maintenance Supervisor does not believe parked vehicles in the area affect their ability to clean the streets. Therefore, the decision of the Public Works Department is not to install "street sweeping" signs at this location. Mrs. Vivanco was notified in writing of this decision on July 3, 2003. Mrs. Vivanco is now appealing the decision to the City Council. Finviizonmenta F Iti v eaT Fo"nan6 Statement qECOMIMENDAT Staff recommends that the "S eet Sweeping" signs ot be installed since thereis no apparent problems at this location. Approued Finance Director f,,SSccottf ttt [ 3.4:: __-- C;'6fla a1 1141 it Appeal Letter from Mrs. Vivanco Location Map ao-3 4 y7 o_t_64,-/ cci • 0A--)( at] 3 cOts-ncJ 9 1 S-0 A itiA(rtig-il e tv nciL 0,pp-tout., ,e-AfL, OL-P1Jc LLJSLC w azxic. az12-t Li a,Artou-, Jb7LaPn) -5-Q-cuvuityuck, 0,11-7(--buze_,1 Colic_d2( tdo (1.7)A, oby:tte, We, og-1. /0 -taLe fij,,,-/77CL-.A.0 61461r-C,ai 4- 0 i-K(n3 cLLW (5t(--e-Pfltdajj IDJuSukee/A) 7;oo AM ro uu rkz. , s6:31,1.s.sd C ant,/ C'e-eazri. JEDJLicya__- Lk_az Co-J-64-) 04-/L ectix-kact, 'cux.:17, 60-74-cucj --- 0 (21 (2 4 Aurelia Vivanco 1432 Meadow Drive National City, CA 91950 May 29, 2003 Burton Meyers, Director City of National City, Public'Works 2100 Hoover, CA 91950 Dear Mr. Meyers: We would appreciate very much he following streets: Seawv3Drive, Calle Delgado Drive ve "No Par g on Tuesday between 7e00 a.m. — 12 p.m" signs a and Meadow Drive. The street sweepers are not able to clean/sweep these areas because of the parked cars. Therefore, dirt and other debris piles a sdfis sy causing issue, mosqumuito s, stench and a muddy site. This is very unsanitary, poses our area look dirty all the time. If you would like to speak with me, please call me at (619) 479-1199. We thank you in advance for your review and consideration of this serious matter to us residents The following are signature of residents in this area. Sincerely, Aurelia Vivanco Attachments: ( ) TELEPHONE 1 f 1 141 G) "g I y U�,,)Y- .q fi i1 r Pam,. / ey/zt �(v j/V t').• 2/G nl LI C-lt () =—i NAME (k c IC (C4 Boa .litoad7k _? v \/ ri J TELEPHONE ADDRESS 0-30 lyl /Q" 1f 714 / 1/ taw-op-0 vet/ c cE dif Ur" !aY /Ja r/OYru L C'. i. cam ' 0 �� C;e�r �r341. 74/ Q`f� / I �. r c�. PR )lr_ !' c- /�G (j) NAME • ADDRESS lei C ` U ,cJJ,74 £ L DI° l /3 -6c) u1 C b e Z TELEPHONE 7 1MiC� ! / �lei(C-' (7 % C7 8=' 7 J ti ne //'}j 4.7 C.? City onal City Depart;., ,eflt • f Public Works 1243 ,. ati®naV City Blvd., National 36 433aJ City, CA 336�4397 91950 (619) 336- 4580 ( ) July 3, 2003 Mrs. Aurelia Vivanco 1432 Meadow Dr. National City, CA 91950 Subject: STREET SWEEPING ON MEADOW DRIVE The Public Works Department had investigated your request to install stems reet sweeping" signs in your area. Our street sweeper has not reported any p roblwith the operation of his duties. We also had our Street Maintenance Supervisor investigate your request and he found that there was no problems with the proper operation of the street sweeper in your area. The Street Maintenance Supervisor does not believe parked vehicles are affecting their ability to clean the streets in this area. Therefore, the decision of the Public Works Department is not to install "street sweeping" signs in this area. Reviewed by: Stephen iVij(irkpatrick Assistant Director of Public Works BSM: tc and irector of Public Works it EETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 19, 2003 AGENDA ITEM NO. 10 (-ITEM TITLE STREET TREE COMMITTEE MINUTES. PREPARED BY Irma Acedo x4274 EXPLANATION Street Tree Removals DEPARTMENT Parks & Recreation 1820 "N" Avenue Requests removal of 1 jacaranda tree. Tree is growing in front of driveway to residence making it difficult for parked vehicles to back out and exit property. Tree roots have cracked concrete. Committee recommends removal upon payment of $50 fee for replacement tree. 1440 Harding Avenue Requests removal of 7 carrotwood trees. Trees are lifting and breaking sidewalks and foundation. Committee recommends removal upon payment of $50 for each replacement tree, for a total of $350. Environmental Review XX N/A Financial Statement Approved Bye Replacement funds available in Acct. #105-442-000-331-0000 ik nance Director Account No. STAFF RECOMMENDATION Approve minutes. BOARD I COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS Minutes Below 3, Resolution No, .200 e� City of National City Parks and Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON JULY 17, 2003 ♦ Called to order at 2:00 p.m. ♦ Present: Cesena, Keen, and Morales; Staff: Espinosa & McDaniel. ♦ Absent: Schwitkis, Howrey-Colmenero ♦ Tree Removal Requests: Mario D. Delgadillo 1820 "N" Avenue Request for removal of jacaranda tree. The tree is growing in front of driveway to residence making it difficult for parked vehicles to back out and exit property. Tree roots have cracked concrete. Committee recommends removal upon payment of $50 fee for replacement tree. Francisco L. Jimenez 1440 Harding Avenue Request for removal of 7 carrotwood trees. Trees are lifting and breaking sidewalks and foundation. Committee recommends removal upon payment of $50 for each replacement tree, for a total of $350. ♦ Adjourned at 2:15 p.m. 9//4/x &eh I A ACEDO Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE August 19, 2003 AGENDA ITEM NO. 11 (-ITEM TITLE REQUEST BY THE PORT OF SAN DIEGO TO ATTACH BANNERS TO THE LIGHT POLES ON CIVIC CENTER DRIVE PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering The Port of San Diego is requesting to mount banners to mark the end of their celebration of its 40th anniversary this year. They are asking to mount temporary street banners to the decorative light poles on Civic Center Drive from Interstate 5 to National City Boulevard and in front of City Hall as was requested and approved by Council in April. The Port will be responsible for all costs involved in the purchase and installation of the banners. Environmental Review X N/A Financial Statement There is no cost associated with this request. Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends approval of this request. BOARD I COMMISSION R OMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Letter from Marjorie Wells, Municipal Street Banner Program A-200 (9. 99) Marjorie Wells "San Diego BannerLady" Municipal Street Banner Programs 4064 Tambor Rd., San Diego, CA 92124 858.292.0134 Fax: 858.292.4827 e-mail: mijwells@aol.com Mr. Stephen M. Kirkpatrick Acting Public Works Director/Engineering City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Kirkpatrick: On behalf of the Port of San Diego, I am writing to request permission to re -display the Port's 40th Anniversary street banners in National City, as was done earlier this year in April. This display will finalize the Port's celebration of its landmark 40th year of service to the communities it serves. The banners, quantities (53) and design are the same as in April 9 (copy attached). The location is the same as in April — Civic Center Drive and City Hall vicinity. We will either rent the banner brackets as before, or if possible the Port may be purchasing the brackets for National City (to be determined shortly per budgeting). As before, the Port will be responsible for all costs associated with the banner display, and the installation work will be again be performed by professional banner installer Decor Plan. We will follow with submittal of appropriate documents as required by National City to include insurance certificate, hold harmless form, installer Decor Plan's insurance naming National City as additionally insured per the project, and application form. Please let me know if you require further information. The National City banner display was one of the most beautiful view corridors of the entire five -community project and we wish to thank the City Council and staff for their assistance with this colorful and important project. Marjorie Wells San Diego BannerLady Municipal Street Banner Programs cc: Mary Lee Augustine, City of National City Cheryl Bradstreet, Port of San Diego, P.O. Box 120488, San Diego, CA 92112. frig, 12 03 111 16a Marjorie Wells McGaugh 18581 292-4827 p,3 Page 5 of G CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS ANI) INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel arc 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, to sign the Hold Harmless Agreement, and agree to the conditions in the National City Boulevard Mile of Cars Banner Policy (attached). Certificate of Insurance must be attached to this permit. Organization Person in charge of activitYoac. r,i!GU (ii /s.1trpail 7 �2r� y r col44 urfl Address tpkt /xeh City facilities and/or property requested, __SQt?!tra[/,,,_D15/9,t17 e t, 3 ' dt. et-4 Date(s) of use , ptif04k) HOLD xxAxzrxl x Ss AGREEMENT I w ex/Too �r airSrlt<a. ivr e, Applicant shall agree to save and keep the City and all its officers, departments and employeesrharmless from any and all costs, damages or expenses that the City or any of its officers, departments and employees may be obliged to pay by reason of, or that may arise out of; the granting and issuance of the banner permit, or the storage, transporting, erecting or display of the banner authorized thereby. Signature of Applicant Official Title Date Certificate of Insurance approved_ fig, 1C01.0 S'� ,r)o. Aug 12 03 11:16a Marjorie Wells MCGaugh (8581 292-4827 P.2 NATIONAL CITY BOULEVARD BANNER POLES APPLICATION FORM Name of Organization Business Address Name of Applicant Address Page 6 of 6 Po+ rI . a i ll_ v p_ D. l3tr ADtr�I rad rf.pe:-5/u `4 "' ' "4/1 I:"lit/45 \�- 1t-sE-aq,-o13q Telephone Numbcrfq. fin. Gybe (day) (evening) Date Banner to be Installed Oc[ ( , DQD9 Date Banner to be Removed ACou 3b An" 3 (Note — maximum 45 days from date ins4ulled to date removed) Wording of the Banner W th mu4; Ii cr.r, cio ye.... ...4„:„ Dimension of Banner. 4 fr A. 34.6' (Sec attached Policy for detailed specifications of banner) Is photo or plan attached? yes ti no Certificate of Insurance attached? En progrt410+?) `gru).044-4,1- 6,16,( GM1.0t'G�eO`-- Liability Insurance of S1,000,000 included? yes 16 City of National City listed as additional insurer? yes V Fees: Pcrmit lee; Public Works Fee: no ao Di fro r a Applicant's`ignaturc & date City of National City, California COUNCIL AGENDA STATEMENT ,dEETING DATE August 19, 2003 AGENDA ITEM NO. 12 (-ITEM TITLE WARRANT REGISTER #05 PREPARED BY R. Palazo DEPARTMENT EXPLANATION Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #05 per Government Section Code 37208. Environmental Review (-Financial Statement Not applicable. %TAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 425,733.29. BOARD / COMMISSION, COMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #05 2. Workers Comp Warrant Register dated 07/23/03 N/A Approved By/?_ 7f/tAk fiance Director Accoun No. Resolution Na. A-200 i9 99) City of National City, California COUNCIL AGENDA STATEMENT ,+EETING DATE August 19, 2003 AGENDA ITEM NO. 13 (ITEM TITLE WARRANT REGISTER #06 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #06 per Government Section Code 37208. CEnvironmental Review Financial Statement Not applicable. N/A Approved By: n.. De rector Account No. f STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,310,718.61. BOARD / COMMISSION RECMMENDATIO� ATTACHMENTS ENTS ( Listed Below ) 1. Warrant Register #06 2. Workers Comp Warrant Register dated 07/30/03 3. Payroll Warrant Register dated 07/30/03 Resolution No. A-200 19 99i City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE August 19, 2003 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER #07 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #07 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By - Finance Director Account too. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 348,238.08. BOARD / COMMISSI N RECOM ENDATION `(YZ`' ATTACHMENTS ( Listed Below } 1. Warrant Register #07 2. Workers Comp Warrant Register dated 08/06/03 \Xe Resolution No. A -too (9 99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2003 AGENDA ITEM NO. 15 ITEM TITLE AN ORDINANCE AMENDING TITLE 6 OF THE NCMC BY REPEALING CHAPTER 6.04 PERTAINING TO FORTUNETELLING PREPARED BY EXPLANATION Rudolf Hradecky '2,Y DEPARTMENT 336-4222 I City Attorney Through oversight, Chapter 6.04, which pertains to fortunetellers, was not included for repeal in the revision of the Business Tax Chapters adopted on June 3, 2003, by Ordinance 2003-2224. The only establishment in the City has been in business for thirty (30) years, and has maintained a $1,000 fidelity bond in effect throughout that period. There have been no complaints against the business. The revised Business License provisions and the Penal Code provide more than ample consumer fraud protection. The business license can be revoked for consumer fraud, and criminal prosecution under the Penal Code can be initiated for fraud violations. Consequently, separate regulation no longer serves a useful purpose. Chapter 6.40 is now recommended for repeal. CEnvironmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance 0 (9'99) Resolution No. ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTER 6.40 PERTAINING TO FORTUNETELLING BE IT ORDAINED by the City Council of the City of National City that Title 6 of the National City Municipal Code is hereby amended by repealing Chapter 6.04 pertaining to fortunetelling. PASSED AND ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE August 19, 201)3 SECOND READING AGENDA ITEM NO. 16 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 18 (ZONING) OF THE MUNICIPAL CODE CLARIFYING REQUIREMENTS REGARDING LANDSCAPING, PAVING OF FRONT YARDS, FENCING, PARKING, CONDITIONAL USE PERMITS, THE HISTORIC PROPERTIES LIST, SETBACKS FOR SINGLE-FAMILY HOME ADDITIONS, DAY CARE FACILITIES AND ADDITIONAL USES AND DEFINITIONS. (CITY INITIATED) CASE FILE NO. A-2003-2 PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning Department EXPLANATION Ref' The amendment is described in a separate agenda statement for a public hearing. In anticipation of Council approval after conducting the hearing, the attached ordinance has been drafted. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/80) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING VARIOUS CHAPTERS OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE CLARIFYING REQUIREMENTS REGARDING LANDSCAPING, PAVING OF FRONT YARDS, FENCING, PARKING, CONDITIONAL USE PERMITS, THE HISTORIC PROPERTIES LIST, SETBACKS FOR SINGLE-FAMILY HOME ADDITIONS, DAY CARE FACILITIES AND ADDITIONAL USES AND DEFINITIONS Applicant: City Initiated Case No. A-2003-2 BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is hereby amended to read as follows: Section 1. That Chapter 18.04 is amended by adding Sections 18.04.051 and 18.04.607 to read as follows: 18.04.051 Assisted living facility. "Assisted Living Facility" means a complex that is designed to accommodate primarily the elderly but may accommodate others, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, but meals are provided in a central location. Units usually rent on a monthly basis. 18.04.607 Skilled nursing facility. "Skilled Nursing Facility" means an institution, or part of an institution, that provides licensed, skilled nursing care and related services for patients who require 24-hour medical, nursing or rehabilitative services. Section 2. That Chapter 18.04 is amended by amending Sections 18.04.240, 18.04.241 and 18.04.241.1 to read as follows: 18.04.240 Family day care home. "Family day care home" means a home which regularly provides care, protection and supervision of fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home, as defined in Sections 18.04.241 and 18.04.242. 18.04.241 Family day care home, large. "Large family day care home" means a home which provides family day care for 7 to 14 children, pursuant to chapter 18.83 of this title, including children under the age of ten years who reside at that home. 18.04.241.1 Family day care home, small. "Small family day care home" means a home which provides family day care to six or fewer children, including children under the age of ten years who .reside at that home, pursuant to chapter 18.83 of this title. "Small family day care home" also means a home that provides family day care to seven or eight children, including children under the age of ten years who reside at that home, provided that all of the conditions set forth in Section 18.83.031 are met. Section 3. That Chapter 18.14 is amended by amending Section 8.14.240, 18.14.390 and 8.14.420 to read as follows: 18.14.240 Front and side yard requirement variations. Front and side yards established by this title may be varied as follows in obtaining the minimum depth thereof: A through C — No change. D. For additions to a single-family home the Planning Director may approve reduced front, side or exterior side yard setbacks equal to those of the existing home. 18.14.390 Off-street parkinq—Minimum requirements. The minimum number of required off-street parking spaces for the residential zones are specified in Section 18.58.240. 18.14.420 Landscaping. A. No change. B. Landscaping for any residential use or development shall be installed in accordance with, and as required by, Chapter 18.54 and adopted guidelines. C. No change D. Paving of front yard areas for all residential zoned property, including single-family homes and all other housing, is prohibited, except for driveways, walkways and patio areas approved through site plan review or as part of a landscape plan. Section 4. That Chapter 18.16 is amended by amending Section 18.16.192 to read as follows: 18.16.192 Motels. A through E — No change. F. On -site parking shall be provided in accordance with Section 18.58.290. Section 5. That Chapter 18.30 is amended by amending Section 18.30.110 to read as follows: 18.30.110 Off-street parking. Off-street parking shall conform with the requirements for specific residential uses and zones as outlined in Chapter 18.58. Ir-- addition, the total available parking space, including on -street parking spaces within a planned unit development, or on the same side of a public street abutting a planned unit development, shall be at a ratio of not less than two spaces per dwelling unit. 2 Section 6. That Chapter 18.45 is amended by amending Section 18.45.010 to read as follows: 18.45.010 Requirements generally. Every required front, side, and rear yard shall be open and unobstructed from the ground to the sky, unless otherwise provided. In addition to permitted accessory buildings, the following structures may be erected or projected into any required yard: A. Fences, walls, and hedges may be erected or projected into any required yard as provided in Chapter 18.50. B. Cornices, belt courses, sills, or other similar architectural features (other than bay windows or vertical projections) may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than two inches for each one foot of such side yard, and may project into a required front yard or rear yard, or a side yard adjoining the street lot line of a corner lot, passageway or other open space not more than thirty inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than three feet. C. Eaves may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than four inches for each one foot of width of such side yard, provided the width of such side yard is not reduced to less than two and one-half feet. Eaves may also project into a required front yard or rear yard, or a side yard adjoining the street lot line of a corner lot, passageway or other open space not more than thirty inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than two and one-half feet. D. Chimneys may project into a required passageway not more than one foot and into a required front yard, rear yard, side yard or other required open space not more than two feet, provided the width of any required side yard is not reduced to less than three feet. E. Fire escapes may extend or project into any front, side or rear yard not more than four feet. F. Open unenclosed stairways, or balconies, not covered by a roof or canopy, may extend or project into a required rear yard not more than four feet, and into a required front yard, passageway, other open space or the side yard adjoining the street lot line of a corner lot not more than thirty inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than two and one- half feet. G. Open, unenclosed porches, platforms or landing places, including access stairways thereto, not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may extend or project into the required front yard, side yard, rear yard, passageway or other open space not more than six feet, provided that in no event shall any such porch, platform or landing place be more than six feet above the natural ground level adjacent thereto. H. A one-story covered passageway, commonly referred to as a breezeway, not over five feet in width, extending from a main residential building to an accessory parking or other accessory structure, may be erected and maintained in a required rear yard. Such passageway shall be located not less than five feet from all lot lines and shall be unenclosed; except that on a corner lot there may be a wall or fence not over six feet in height along the street side of such passageway. 3 18.50. along standards: 1 2. supports. 3. supports. 4. 5. 6. 7. a building or 8. side yard. Awnings or canopies without enclosing walls or screening may be attached to the exterior walls of a residential structure provided that: 1. Such awnings or canopies do not extend more than four feet into a required front yard or building line space at the front of the lot, and have no vertical support within the yard or space; 2. Such awnings or canopies do not extend more than thirty inches into a required side yard, rear yard, building line space at the side of a lot, passageway or other open space, but in no event nearer than thirty inches to an interior lot line; 3. Where such awnings or canopies project into a required front or side yard, passageway or other open space, they may extend only over the windows or doors to be protected and for twelve inches on each side thereof. J. Entry arbors, either freestanding or as part of a fence as provided for in Section 18.30.035. K. Notwithstanding the provisions of this chapter, architectural features, fire escapes, porches, balconies, or other projections permitted in a yard, passageway or other open space shall not be located and maintained so as to preclude complete access to main buildings and accessory living quarters at all times. At least five feet of clear and open space shall be maintained between any two main buildings, including the projections, on any one lot. Section 7. That Chapter 18.50 is amended by amending Section 18.50.030 to read as follows: 18.50.030 Height Exceptions. A through B -No change. C. Up to 30% of the length of a fence may exceed the height limits specified in this chapter by up to 6 inches. Section 8. That Chapter 18.50 is amended by adding Section 18.50.035 to read as follows: 035 Entry Arbors. Arbors may be placed freestanding, or at entrances fences within required front and exterior side yards, subject to the following The height of the arbor shall not exceed 10 feet; The width of the arbor shall not exceed 6 feet between centerlines of the A maximum 2 foot overhang is permitted on each side of the center of the The depth of the arbor shall be no more than 2 feet 6 inches. A minimum 6-foot, 8-inch vertical clearance above grade is required. Supports shall not exceed 6 inches by 6 inches (horizontal dimensions). The arbor shall not be enclosed on any side other than where attached to by an entry gate that is part of an allowed fence. Arbors may encroach into the entire width of the required front Of exterior 4 9. Exceptions to these standards may be approved pursuant to Subsection D of Section 18.50.030. Section 9. That Chapter 18.58 is amended by amending Sections 18.58.240, 18.58.290, 18.58.310, 18.58.360, 18.58.420, 18.58.430, 18.58.460, 18.58.620 and 18.58.690 to read as follows: 18.58.240 Schedule of parking requirements —Residential uses. The following is the schedule of off-street parking requirements for residential uses: Housing Units in the Following Zones Off -Street Parking Required RS-1 and RS-E zones 2 spaces in a garage or carport RS-2, RS-3 Zones 2 spaces, including 1 space in a garage or carport RT Zone 1 1/2 spaces per dwelling unit Exception: A detached home in this Zone shall have the same parking requirement as the RS-3 Zone. RM-1, RM-2 1.3 spaces per 1-bedroom unit and studio unit, plus 1.5 spaces per unit containing 2 or more bedrooms, and conveniently located guest parking of '/2 space per unit for 20 units or less, plus '/< space for each unit over 20. Half of the required guest parking spaces may include parallel curb parking spaces on dedicated public streets contiguous to the site. Exceptions: • A duplex built in this Zone shall have the same parking requirement as the RT Zone. • A detached home in this Zone shall have the same parking requirement as the RS-3 Zone. RM-3 Per Planned Development Permit RM-H Two spaces per unit 5 Additional Standards Condominiums Planned Unit Development Boardinghouse and lodging houses Dormitories and fraternity or sorority houses 18.58'.290 Schedule of parking requirements —Business and commercial uses. The following is the schedule of off-street parking requirements for business and commercial uses: Off -Street Parking Required 2 spaces per dwelling unit, and conveniently located guest parking in the numbers as specified above for RM Zones. Garages or carports shall be provided for detached condominium homes, as required in the applicable zone. (Not applicable to condominium conversions. Refer to Chapter 18.74.) Minimum of 2 spaces per unit, or as specified for specific zones or for condominiums, if applicable (exception allowable by Section 18.30.010) 1 space per guest room As required by conditional use permit Structures and Uses Off -Street Parking Required Hotel or Motel 1 space per guest room, plus one extra parking space for every ten units up to fifty. Over fifty units, one extra parking space shall be provided for every twenty units. 18.58.310 Parking table and diagram. The following Table XV provides the required minimum dimensions of parking facilities based on the explanatory diagram where: A. "A" equals the parking angle;. B. "B" equals the stall width; C. "C" equals the minimum stall depth; D. "D" equals the minimum clear aisle width; E. "E" equals the stall distance at bay side; F. "F" equals the minimum clear bay width; and G. "G" is the required increase in clear aisle width for public parking facilities, except for accessory parking facilities used exclusively by tenants, employees, or owners of the structures or uses served. H. The letters "H", "I", "J", "K", "L", "M", and "N" correspond to dimensions defined by the letters "A" through "G", respectively, for compact parking spaces shown on Table XV. 6 18.58.360 Parking facilities —Access to streets or alleys. A. Access driveways shall be provided between each parking facility and a public street or alley. Lots should not have access from predominantly residential streets, except when the lot is serving a residential use. Residential driveways shall be permitted only on an arterial street where no other access to the property exists. B. One-way driveways and driveways serving a single-family residence shall have a minimum width of twelve feet; except for driveways leading to a single car garage or parking space where the Director of Planning may authorize a lesser width. C. Two-way driveways between a street and private parking facilities shall have a minimum width of eighteen feet. Two-way driveways between a street and public parking facilities shall have a minimum width of twenty-four feet. Two-way driveways within a parking facility connecting separated areas of parking spaces shall have a minimum width of eighteen feet, or as otherwise required by Section 18.58.430. D. Where access is available from any adjoining or abutting alley to any lot proposed for residential or mixed use development in the CL, CT and CG zones, access to the required residential parking facility shall be from that alley when appropriate to avoid access to commercial collector or arterial streets. 18.58.420 Parking facilities —Driveway vertical clearance. The minimum vertical clearance for driveways shall be thirteen feet six inches to allow for the passage of emergency vehicles, or as required by the City Fire Department, whichever is greater. 18.58.430 Parking facilities —Aisles, approach lanes, and maneuvering areas for two-way traffic. For two-way traffic within parking facilities, all aisles, approach lanes, and maneuvering areas shall have a minimum width of eighteen feet or as specified in Table XV (Section 18.58.310), or as required by the Fire Department for emergency access, whichever is greater. 18.58.460 Parking facilities --Driveway and lane gradients. A through B — No change C. The City Engineer shall determine compliance with the standards contained or referenced in Sections 18.58.460 through 18.480 and 18.58.620 through 18.58.690 based upon best engineering practice applicable to the topography of the site. 18.58.620 Parking facilities —Surfacing —Generally. All parking facilities, including access ways accessory thereto, shall be surfaced in accordance with the minimum specifications set out in Sections 18.58.630 through 18.58. 680. The City Engineer shall determine compliance with these standards based upon best engineering practice applicable to the topography of the site. 18.58.690 Parking facilities —Drainage. In all instances, pavement grades shall be designed, constructed and maintained so as to prevent ponding of water upon or adjacent to the paved surface. The minimum allowable slope is one percent. Slopes up to five percent may be allowed in unusual cases. Driveway gradients shall comply with Section 18.58.460. The City Engineer shall determine compliance with these standards based upon best engineering practice applicable to the topography of the site. 7 Section 10. That Chapter 18.58 is amended by adding Section 18.58.345 to read as follows: 18.58.345 Dimensions for garage or carport area and openings. A one -car garage or carport shall contain an unobstructed interior parking area of a minimum of 11 feet wide by 19 feet deep. A. A two -car garage or carport shall contain an unobstructed interior parking area of a minimum of 20 feet wide by 19 feet deep. B. A garage for more than two cars shall contain additional area consistent with Sections 18.58.310, 18.58.330 and 18.58.340. C. A single -car garage door or opening to a single space carport shall be a minimum of 8 feet wide; a two -car garage door or opening to a two -space carport shall be a minimum of 16 feet wide. For larger parking garages or carports serving multi- family residential ornonresidential development, openings shall be provided in accordance with Sections 15.58.330 and 18.58.340. Section 11. That Chapter 18.83 is amended by amending Sections 18.83.020 and 18.83.030 to read as follows: 18.83.020 Definitions. "Family day care home" means a home which regularly provides care, protection and supervision of 14 or fewer children in the provider's own home for periods of less than twenty -fours hours per day, while the parents or guardians are away, and includes the following: A. "Large family day care home" means a home which provides family day care for 7 to 14 children, pursuant to this chapter, including children under the age of ten years who reside at that home. B. "Small family day care home" means a home which provides family day care to six or fewer children, including children under the age of ten years who reside at that home, pursuant to this chapter. "Small family day care home" also means a home that provides family day care to seven or eight children, including children under the age of ten years who reside at that home, provided that all of the conditions set forth in Section 18.83.031 are met. 18.83.030 Small family day care. Small family day care homes as defined in Section 18.04.241.1 are permitted in all residential structures located in residential zones subject to the following limitations: A. Care is provided for children on less than a twenty-four hour full-time basis; B. Care is limited to a total of six children, including children under the age of ten who live in the home, as provided in Section 18.38.031; otherwise care is limited to six children, including children under the age of ten who live in the home, provided that a small family day care home may provide care for seven or eight children, including children under the age of ten years who live in that home, provided that all of the conditions of Section 18.83.031 are met. 8 C. Occupancy is subject to all day care home requirements required by the State Fire Marshal; D. The facility is licensed by or registered with the state and/or the county. Section 12. That Chapter 18.83 is amended •by adding Sections 18.83.031 and 18.83.041 to read as follows: 18.83.031 Small family day care homes for seven or eight children. A small family day care home may provide care for seven or eight children without an additional adult attendant if all of the following conditions are met: A. At least two of the children are at least six years of age. B. No more than two infants are cared for during any time when more than six children are cared for. C. The licensee notifies each parent that the facility is caring for the seven or eight children in the home at one time. D. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. 18.83.041 Large family day care homes for 13 or 14 children. A large family day care home may provide care for 13 or 14 children, if all of the following conditions are met: A. At least two of the children are at least six years of age. B. No more than three infants are cared for during any time when more than 12 children are cared for. C. The licensee notifies a parent that the facility is caring for the 13 or 14 children in the home at one time. D. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. Section 13. That Chapter 18.98 is amended by amending Section 18.98.090 to read as follows: 18.98.090 Landscaping —Generally. Five percent of the gross site area shall be devoted to landscaping. Landscaping and maintenance shall be in accordance with Chapter 18.54. 18.98.100. Section 14. That Chapter 18.98 is amended by repealing Section Section 15. That Chapter 18.116 is amended by adding Section 18.116.200 to read as follows: 9 18.116.200 Violations. The following shall be considered violations of Title 18: A. Commencement or continuation of an activity which requires approval of a conditional use permit pursuant to this title, not including lawful nonconforming uses, established prior to enactment of regulations that require a conditional use permit for the activity. B. Any violation of a condition of approval of a conditional use permit. Section 16. That Chapter 18.139 is amended by amending Section 18.139.020 to read as follows: 18.139.020 Historic properties list. A list of historic properties shall be maintained. The city council shall periodically update the list. Section 17. That Appendix D of Title 18 is hereby amended to add or delete Typical Permitted Uses to designated Use Groups as follows: Add the following uses to the list of Typical Permitted Uses in Use Group 8: Assisted Living Facility Skilled Nursing Facility Delete the following use from the list of Typical Permitted Uses in Use Group 8: Residential Care Home Add the following use to the list of Typical Permitted Uses in Use Group 27: Physical Therapist (Licensed) Section 18. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA) on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes that clarify current regulations and procedures or allow minor changes for developments concerning arbors, fence height or setbacks for existing homes, that would also be exempt from environmental review. Section 19. That the proposed Code amendments are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan programs and policies. Proposed changes which clarify certain standards would facilitate the use of the Code as well as the implementation of the General Plan. Changes which address paving, landscaping and fencing carry out General Plan policies that encourage enhancement of community appearance. Those that address paving and landscaping also are consistent with policy for conservation of natural resources, as landscaping and reduced area of paved surfaces facilitates reduction of storm water runoff. --- Signature Page to Follow --- 10 Ordinance Amending Title 18 Signature Page PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 11 Nick Inzunza, Mayor SECOND READING EETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 19, 2003 17 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 7 PERTAINING TO PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE AND TITLE 10 PERTAINING TO PUBLIC PEACE, MORALS AND SAFETY PREPARED BY DEPARTMENT Rudolf ky, City Attorney (ext. 4222) o N4 4222) EXPLANATION This ordinance amends the Municipal Code to delete prohibitions against the general parking of vehicles advertised for sale upon public streets. The ordinance however makes additional provisions regulating or prohibiting vehicles offered for sale upon unimproved public or private property, or upon commercial parking areas. It further restates prohibitions against operators of commercial automobile sales and automotive repair facilities from using the public streets for vehicle storage. This review was undertaken following Council inquiry and further analysis of pertinent case law and the California Vehicle Code. Environmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A "TACi4MENTS Listed Beiow ) Proposed Ordinance Resolution No. A-200 19 91 ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 7 PERTAINING TO PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE AND TITLE 10 PERTAINING TO PUBLIC PEACE, MORALS AND SAFETY BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 7, Chapter 7.18 is amended by repealing Section 7.8.110. Section 2. That Title 7, Chapter 7.20 is amended by repealing Section 7.20.150. Section 3. That Title 10, Chapter 10.22 is amended by amending Sections 10.22.030 and 10.22.040 to read as follows: Section 10.22.030 Prohibition of solicitation in unauthorized locations within commercial parking areas. A through C — no change. D. Nothing contained in this Chapter shall be construed to prohibit the owner of a commercial parking area from prohibiting the parking of vehicles for sale. Section 10.22.040 Sale of merchandise upon public sidewalks, rights -of - ways and public property --Prohibited. A through C — no change. D. It is unlawful to park a vehicle offered for sale upon unimproved public or private property. Section 4. That Title 11, Chapter 11.32 is amended by amending Section 11.32.080 to reads as follows: Section 11.32.080 Storage or repair of vehicles prohibited. A. Except for emergency repairs, no person shall grease or repair a vehicle upon any public street or public property. B. It is unlawful for any person who deals in, or whose business involves the sale, lease, rental, or charter of vehicles to store, park, or stand any such vehicle upon any public street, except while such vehicle in under lease, rental, or charter by a customer. Ordinance No. 2003 — Page Two C. It is unlawful for any person whose business involves the repair, servicing of vehicles or vehicle components to store, stand, or park any vehicle on any public street or public property after that person has accepted custody of that vehicle from the customer. PASSED and ADOPTED this day of , 2003. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: � .7 George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT .•AEETING DATE August 19, 2003 18 AGENDA ITEM NO. (-ITEM TITLE REPORT ON PREPARATION OF A SPECIFIC PLAN FOR THE WESTSIDE AREA kce PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION At the April 15, 2003 meeting of the City Council, staff was directed to bring back a report on the preparation of a specific plan for the Westside. The attached report outlines some of the issues involved, previous planning efforts and the need for consultant assistance. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION That staff be authorized to transmit a request for proposals to potential planning consultants BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Report Letter from St. Anthony's A-200 (9/80) Resolution No. While the area known as the Westside does not have official boundaries, for the purposes of this report, we will define it as being bounded by National City Boulevard, 24th Street (Mile of Cars Way), I-5, and Civic Center Drive. Historically it has been a residential area with homes located on small lots. In the late 1940's the area was given an industrial zoning classification, with the intent that it would transform into an industrial district. That goal was never attained; the assembly of small parcels into the 1 to 2 acre size lots normally needed for industrial development has proven difficult. The private market has however, facilitated the development of many smaller block buildings throughout the area. These lack the amenities typical of industrial parks and are often occupied by auto repair facilities, paint and body shops, etc. Steel fabrication, small defense contractors, and warehousing can also be found, among other uses. During the 1970's and 1980's the commercial/industrial buildings were going up at a rapid rate. This has not been the case in recent years. The presence of heavier businesses so close to homes has created a variety of problems. The City has received many complaints from residents about noise, parking, unsightly storage and potential exposure to environmental pollutants associated with busine she es. While many individual problems have been addressed, they tend to reoccur, given inherent lack of compatibility between industrial and residential uses. In response to resident complaints the City has engaged in several major planning/zoning efforts over the years. These include: August 12, 1986 an Ordinance was adopted by City Council which: ® Required that most uses in the manufacturing zones be housed in enclosed buildings ® Established a minimum lot size for automotive and truck repair establishments of 7,500 square feet in manufacturing zones • Required that overhead doors be setback 20 feet from the street • Increased parking requirements August 13, 1991, City Council enacted a moratorium on the construction of new commercial and industrial buildings on the Westside. This resulted in a number of Code Amendments, including: • Requiring a five foot setback for side yards in the ML zone • Required a Conditional Use Permit for new development in the ML zone adjacent to residential and institutional uses • Deleted a statement in the Design Guidelines that encouraged split face block for new industrial buildings • Deleted Code provisions for parking standards based on the number of employees • Required a Specific Plan for the block between 18`h, 19`h, Harding and Wilson March 24, 1992 City Council approved a Code Amendment which: • Allowed the expansion and reconstruction of nonconforming single-family homes. This was especially relevant for the Westside, since all such units in the area were nonconforming at that time • Required a conditional use permit for certain uses allowed on the Westside such as auto paint and body shops September 10, 1996 The City's Updated General Plan was adopted which called out the following major changes for the Westside • It established a new zone MLR (Light Manufacturing Residential) to replace much of the former of the ML zoning. This allowed for the first time in many years the construction of new single-family homes in the area. • It removed the ML zoning in the vicinity of Paradise Creek near Kimball School, thus facilitating Paradise Creek Educational Park. • Also deleted from the Circulation Element the proposed extension of Hoover Avenue across Paradise Creek in this same area. All of the above efforts had one thing in common — they were trying to balance the needs of the commercial and industrial businesses with the needs of the residents. No attempt was made to zone out the heavier uses. If more fundamental land use changes are desired, a specific plan, accompanied by a general plan amendment, would be appropriate. It would be a complex effort, requiring numerous public meetings. We have some initial input from residents; we will need to hear more from them. Attached is a letter with a series of recommendations prepared by the organizing ministry at St. Anthony's. At their request staff had met with them the evening of May 29. Staff has also addressed the Chamber of Commerce's Economic Development Committee on this subject. More input will also be needed from the business community as well as from property owners with investment expectations. Given the projected housing needs in the region, it would be reasonable to encourage additional housing capacity in the Westside. The proximity of the 24th Street Trolley station would be a major consideration and would be conducive to the smart growth concept of higher residential densities near mass transit. Given the magnitude of the project, and diminished staff resources, consultant assistance would be needed. The required budget is estimated at between $125,000 to $150,000. CDC staff has indicated a willingness to fund the effort. The process would take approximately twelve to eighteen months. ST. ANTHONY OF PADUA CATHOLIC COMMUNITY July 3, 2003 Mr. Roger Post Mr. Steve Ray Planning Commission City of National City Dear Planning Commission: Enclosed please find a list of several recommendations for your consideration as you move forward with the preparation of the Specific Area Plan for the West Side. These recommendations were prepared in a meeting of our local organizing ministry. We will be in touch if we have any further considerations. Please contact us if you have any questions. Carmen Roa 479-3283 Sincerely yours, `11.- __/(41 Maria Theresa Sevilla 474-7841 410 W 18th Street National City, CA 91950 ® Tel. (619) 477-4520 ° Fax (619) 477-8708 SUGGESTIONS TO THE PLANNING COMMISSION FOR THE "SPECIFIC AREA PLAN- for Old Town National City 1- Re -zone the -West Side- also known as Old Town National City, OTNC. Continue -mixed zoning"", meaning residential and "resident friendly- retail businesses such as retail shops, restaurants, barber shop, laundramat, etc. This could include multi -purpose construction such as the row houses on -B- and 9th Street downtown National City. This model permits some small business on the first floor and residential occupancy on the second and third floors. - We have defined the boundaries of Old Town as follows: Division Street on the North. 24th Street on the South. Roosevelt on the East and Cleveland on the West. 2- We want a healthy neighborhood, free of toxic contamination for a higher quality of life, including the revitalization of Paridise Creek. For this reason conduct an environmental study of the area with possible participation and help from a local college or university. The Environmental Health Coalition EHC might also be interested in participating in this project. 3- That the city develop an industrial and commercial park similar to the 24th Street park. The placement of this park could be in the corridor along Hwy. 54 or on the site of the former slaughter house or ACE scrap metal works. Offer an exchange of properties as an incentive for non -conforming industries or businesses in OTNC to relocate in the development park in exchange for their building and property in OTNC. 4- Develop new affordable housing and some high density housing inside OTNC for low and fixed income residents. Develop and offer plans for new home owners to buy in, City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2003 STEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A ZONE VARIANCE TO ALLOW CONSTRUCTION IN THE FRONT YARD SETBACK AT 305 J AVENUE (APPLICANT: CHARLES HOWREY) (CASE FILE NO. Z-2003-7) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning AGENDA ITEM NO. 19 EXPLANATION The project site is at the southeast corner of J Avenue and 3' Street in the RS-2 (Single -Family Residential) zone. Currently, a one-story single-family home is located near the north end on the lot, facing J Avenue. It has a varied gable roof with shingles, and a stucco exterior. The applicant proposes to construct a 231 square foot addition to the home. It will be located on the 3rd Street side of the home. The new floor area will expand an existing bedroom. A variance is needed since the addition will extend six and one-half feet into the required 20-foot front yard setback along 3`d Street. The Planning Commission held a public hearing on this item at their July 21, 2003 meeting. They noted the variance could be justified since a portion of the home was already located in the setback area, and since a substantial setback of 13 feet six inches would remain. A condition of approval was added requiring exterior materials on the addition to match the existing home. (Environmental Review X NIA Financial Statement N/A Categorical Exemption Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission approved the Zone Variance. Vote: Ayes - unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 26-2003 2. Location Map Resolution No. 3. Site photos 4. Reduced site plan and elevations R-200 (9/80) RESOLUTION NO. 26-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE TO ALLOW CONSTRUCTION IN THE FRONT YARD SETBACK AT 305 J AVENUE. APPLICANT: CHARLES V. HOWREY CASE FILE NO. Z-2003-7 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application to allow construction in the front yard setback at 305 J Avenue at a duly advertised public hearing held on July 21, 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. Z-2003-7 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action 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 July 21, 2003, support the following findings: 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 a portion of the home is already located in the setback area. In addition, the expanded living area is needed to allow adequate room for the owner's daughter to reside and be the primary caregiver for her parents, who also live in the house. 2. That the requested variance 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 new addition is located in a portion of the property which functions as a side yard, and a substantial setback of 13-feet six - inches would remain. 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 addition will merely expand an existing single-family home, which is a permitted use in the RS-2 zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes the construction of a bedroom addition into the front yard setback, at 305 J Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. Z-2003- 7, dated June 9, 2003. 2. The building plans shall show the addition with a roof and exterior materials and colors matching those on the existing home. 3. 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. 4. Before this Zone 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 Zone Variance. 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 Zone 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. 5. 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. 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 August 4, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM._ NAYS: ABSENT: ABSTAIN: PROJECT LOCATION I SITE PHOTOS "' • , . .-• Project site viewed from J Avenue Project site viewed from 3rd Street !!, 1, r r z. +6 ) -11-6 F 1 r a Peartarr ut woo 1 '22'4 t PI-91 .01 it PRoPutTY 1-11t 60.00 4R.. 6 42..5. c1.i4Izu...5 V. ilsrAVRLy 5o5vAvotc. NATWALOTY.CALfORNA91950 Joe B. Kroll g Associates - Design tDrafting - 4,0 7,•=ztrr Mb S. IS 5 r .4„ • [.... MR.. E MR.. CliARL.L..5 V. 130WRE.Y 305 ...1. AVUlt.L. HATiONAL rxry. cAuroPAA 91950 Joe B. Kral $ Associates - Design $ Drafting :=1:1,17.71==tt °"" "" City of National City, California COUNCIL AGENDA STATEMENT 20 MEETING DATE August 19, 2003 AGENDA ITEM NO. /ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR A CHURCH AT 421 NATIONAL CITY BOULEVARD, WITH A VARIANCE TO ALLOW LESS THAN REQUIRED PARKING (APPLICANT: COMMUNITY OF PRAISE BAPTIST CHURCH) (CASE FILE NO. CUP-2003-10/Z-2003-5) PREPARED Y Roger Post 336-4310 DEPARTMENT planning EXPLANATION The project site is on the east side of National City Boulevard between 4th and 5th streets, in the Medium Commercial (CM) zone. The roughly 5,800 square foot parcel contains an older, one-story building. The front half of this structure was recently occupied by a furniture store, the rear is used by the owner for storage; there is no on -site parking. Community of Praise Baptist Church requests approval to use the front portion of the building as a church. They have been holding services at this location since March of this year. City staff has repeatedly informed them that no operations are permitted without an approved Conditional Use Permit. The facility operates on Sunday from 9:30 a.m. to 1 p.m. and from 6 p.m. to 8 p.m., with 25-49 people at each service. Bible study is held Wednesdays from 7 p.m. to 9 p.m., with 6-12 people. The applicant indicates patrons can park at an adjacent auto repair business parking lot (10-12 spaces available), otherwise street parking is available. A Variance is required since the City's Land Use Code requires an additional 13 on -site parking spaces for the church. The Planning Commission held a public hearing for this item at their July 7t meeting, there were several speakers both for and against the proposal. Many letters were also submitted from both sides. Commissioners expressed concern about the lack of parking for the church and noted existing parking problems in area. They also questioned the need for another non -retail Business in the downtown area. Processing of this item was recently delayed when the property owner withdrew, and then reinstated authorization for the proposal (attached letters). Environmental Review X NIA Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION ECO E ATION The Planning Commission denied the Conditional Use Permit and Zone Variance. Vote: Ayes - Alvarado, Flores, Reynolds, Graham Nayes - Baca, Saludares, Carrillo Abstain - Martinelli Absent - Pruitt ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 24-2003 2. Location Map 3. Site photos Resolution No. 4. Reduced site plan and elevation 5. Letters from property owner 6. Letter from the Planning Department A-200 (9/80) RESOLUTION NO. 24-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A CHURCH AT 421 NATIONAL CITY BOULEVARD, WITH A VARIANCE TO ALLOW LESS THAN REQUIRED PARKING APPLICANT: REVEREND E. M. WILLIAMS/COMMUNITY OF PRAISE BAPTIST CHURCH CASE FILE NO. CUP-2003-10/Z-2003-5 WHEREAS, the Planning Commission of the City of National City, California considered a Conditional Use Permit application for a church at 421 National City Boulevard, with a Variance to allow less than required parking at the public hearing held on July 7, 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-2003-10/Z-2003-5 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 July 7, 2003, failed to support findings, required by the Municipal Code for granting any conditional use permit or zone variance. 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 July 7, 2003 support the following findings: 1. That the proposed use may have an adverse effect upon adjacent or abutting properties, since it will add to the demand for on -street parking in an area already developed with insufficient off-street parking. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since the proposed church use is not consistent with approved projects in the area designed to encourage retail uses and pedestrian activity. 3. That because there are no special circumstances applicable to the property, including size, shape topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) does not deprive such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since there building/site could continue to be utilized by businesses requiring no more parking than previously established uses. 4. That the requested variance is not 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 there is no guarantee that proposed off -site parking will continue to be available for use by the church, and since most nearby uses generate a much smaller parking demand. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2003-10 and Variance application Z-2003-5. 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 July 21, 2003, by the following vote: AYES: GRAHAM, REYNOLDS, FLORES, ALVARADO NAYS: BACA, SALUDARES, CARRILLO ABSENT: PRUITT ABSTAIN: MARTINELLI PROPOSED CHURCH LOCATION ZONE BOUNDARY LOCATION MAP Conditional Use Permit for a church at 421 National City Boulevard CUP-2003-1 0/Z-2003- NATIONAL CITY PLANNING 3 —Feet DRN DATE:: 6/13/2003 INITIAL HEARING: 7/7/2003 SITE PHOTOS 6616 . 64 16, 66.. ,6111.,,„ 1607.106111.66 Proposed church looking east across National City Boulevard Church site with proposed parking area on left in front of auto repair business a+iona( G fy bled, OMMUNItY of F4152 NATIONAL CITY PLANN EXHIBIT A -Revised CASE FILE NO. CUP-2003 DATE: 6/6/2003 "`'-Properly Livc i j �-- —CON• 5(0EWRIK GO' 6" 7' A 0 PlAriO E1 ORGAN M;NistERs �] Poo1UM \ORSI+I P AREA ( 900 Square FeT) HAIIWAy OPEN OFFICES 1 60' 6' f t,00 9, FLA IA RLoET E RE,Srcoof 0 OFFICE LOUNGE Multi - NOOSE AREA r1,-- 7 f__ RESTROOM LouNGE SCAt t Ye = E 4,1 Au -TA411]S Vt�As€ hakery Ml Muot si KWST gismo. M1 gyp, .►nods L$11 2.. f P4o-r A+a ow smb \gtwAcaS A'r 42.1 Nftitt tUUkt..0r7 &Sp 145041s6104. -m gmrt A (JRt 1. Do _._ 1111.o14 Nt.W11404415 oivapat!h C.FW A-t 424 Airilowl.cary 13010- cps _ of M1 _tom _ sc _emu-• v4, (ol 1 302. 31(.40 THE SHOE GALLERY 790 PALOMAR ST. CHULA VISTA CA 91911 (619) 423 2613 ��■��■��■��■��■��■�_■��■��r■�s■��■ ' - .4 C19 Clk)r..n'— oac*- PtPRSE- Teoj F J T ®\NNK OF -11\°- Ntal" IV1 it2.\ WAT1oktc (AlCS O. Noi * Wu- NVT" S 'a PRa WU '(NE colooT �st ri A n� � roe_ ta6"-' " -C1 34lea C_ ? CA\ , o.. 1}-ra :S-14 0-1,N WU se-Ni . V41 ,tu PM5 \1 Ptc-Klee i�� U t t� \its \AN4t ctA, BPS p, 1 c_o\i4. C\ ftlsj MowiNks �K- \T 121 1st c. a,ND 6i9 3oz We THE SHOE GALLERY 790 PALOMAR ST. CHULA VISTA CA 91911 (619) 423 2613 •smakIr•a�IAil■a ler•wEA\w w ilk Iv•w■ 2-9 RA! vAu 'M � UY� CDJNL\i 1 My t two �s c�c �vs 0w4tZ-Z. o� rac �vt�iab H� 42\ N taAM_ (_ -ry gt*bs. -1 WEE-0 yovx. N1,41‘1t, a E� o?U'a-statl wt I A CO' E?-,NAy ; *WU Ov' SIN1S 1rZvtub ktJt, oA (Al l\ ? ) sRaRsE, -i- ALSo Ase.Eb W e ,M. '441111P> AS -r i- itk_ MRtis CliKt k C.i s OF -ME- LZKSZ W1ktC_A ‘.4t` t {k S q017. 1� 041=At\)1vsrt3it��5 AV- Lis T OF .. ssE5, i N � � Qr1 �ficr 0 �f . Pui"," act_ P,TTER-144-Rfi ff S MA i t'f`� Z5 #\WP.ELt I . 'Z.i t4. c BL' (.49 3o2_ 3iLA, City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR May 2, 2003 Reverend E. M. Williams Community of Praise Baptist Church 421 National City Boulevard National City, CA 91950 Subject: Case File Nos. CUP-2003-10/Z-2003-5 The application materials for the proposed church has been reviewed by relevant City depaitalents and affected agencies. We would like to schedule this item for a public hearing as soon as possible; however, additional information is needed. Until we receive necessary information, as explained below, the application will be considered incomplete. 1. The site plan does not show the remainder of the building to the east of the proposed church space. Please revise the site plan and floor plan to include this area and identify existing and/or proposed uses. 2. According to the information received thus far, a total of 26 parking spaces are required for the church. The variance has been requested since there is no on -site parking available. Please be aware that the Land Use Code allows up to 100 percent of church parking to be provided off -site if it is within 150 feet of the church and an agreement between the concerned parties is recorded with the County Recorder. You have indicated that you have an off -site parking lot available. A vicinity map showing the location of the parking lot and a draft parking agreement signed by the concerned parties should be provided with revised plans. Approval of the parking agreement could greatly reduce the extent of the parking variance, and improve the chances for approval of the project. 3. Attached Fire Department comments indicate that plan changes are needed to comply with City requirements. You may reach the Fire Department at 336-4550 to discuss possible solutions to their concerns. Plans should be revised to address this item. In order to approve the variance, the Planning Commission will need to make specific findings. To assist the Commission in reviewing the project, provide information regarding the expected number of cars at the site during services, and the extent to which church attendees are expected to use public transportation. Recycled Paper In addition, it has been reported that church services are already occurring on the property. If this is the case, it should cease immediately. Comments received from the Community Development Commission are also attached for your information. If you have any questions regarding submittal requirements or need additional information, please contact me at (619) 336-4311. Sincerely, Charley Marchesano Assistant Planner Attachments: Fire Department Comments Community Development Commission Comments City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2003 AGENDA ITEM NO. 21 (-ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A ZONE VAIUANLE FOR AN ADDITION TO 1724 AND 1730 J AVENUE WITHOUT PROVIDING ADDITIONAL PARKING, AND RESULTING IN LESS THAN REQUIRED BUILDING SEPARATION FROM AN ADJACENT RESIDENCE ON THE SAME LOT (APPLICANT: GEORGE MORENO) (CASE FILE NO. Z-2003-6) 10 PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The project site is a 12,500 square foot parcel at the northwest corner of E. 18th Street and J Avenue, in the RM- 1-PD zone. Six small, one-story studio units are on the parcel. Three of these (935 and 937 E. 18th Street and 1740 J Avenue) are in a triplex facing E. 18th, near the southeast corner of the lot. Another (931 E. 18th Street) is a detached unit near the middle of the property. The remaining two (1724 and 1730 J Avenue) are located side by side, at the northeast corner of the property. A total of five parking spaces are provided on -site. The applicant proposes to remodel and expand the two units at 1724 and 1730 J Avenue; they will also be attached to form a duplex. This work will involve expanding each of the 429 square foot studios into 802 square foot two bedroom dwellings. Their garages will also be rebuilt, but no additional parking is proposed. Exterior materials include asphalt roof shingles and a white stucco exterior to match the existing dwellings. Variances are needed since a portion of the addition will extend to within eight -feet six -inches of an existing detached unit on the property (931 E. 18th Street); Code requires 15-feet. Secondly, one more parking space would be required due to the addition of bedrooms to the units. The Planning Commission held a public hearing on this item at their July 21, 2003 meeting. They noted the variances could be justified since adjacent properties lacked required building separation and on -site parking, and that the proposed addition and property improvements would result in more livable and attractive units. Conditions of approval require new landscaping in front of the remodeled dwellings. Environmental Review x NIA Financial Statement N/A Categorical Exemption 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 Zone Variance. Vote: Ayes - unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 27-2003 2. Location Map Resolution No. 3. Site photos 4. Reduced site plan and elevations A-200 (9/80) RESOLUTION NO. 27-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR AN ADDITION TO 1724 AND 1730 J AVENUE WITHOUT PROVIDING ADDITIONAL PARKING, AND RESULTING IN LESS THAN REQUIRED BUILDING SEPARATION FROM AN ADJACENT RESIDENCE ON THE SAME LOT APPLICANT: GEORGE MORENO CASE FILE NO. Z-2003-6 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for an addition to 1724 and 1730 J Avenue without providing additional parking, and resulting in less than required building separation from an adjacent residence on the same lot at a duly advertised public hearing held on July 21, 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. Z-2003-6 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action 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 July 21, 2003, support the following findings: 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 the existing close proximity of dwellings on the property restricts possible building addition locations. 2. That the requested variance 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 on -site parking, building separation, and outdoor area, at a level consistent with or greater than nearby properties, will be maintained for each unit. 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 building addition is permitted in the RM-1-PD zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes an addition to 1724 and 1730 J Avenue without providing additional parking, and resulting in less than required building separation from an adjacent residence on the same lot. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. Z-2003- 6, dated June 4, 2003. 2. The existing units at 1724 and 1730 J Avenue shall receive a new exterior coat of stucco and new roofing, to match the proposed addition area. 3. Building plans shall include a detailed landscape and irrigation plan showing planting and irrigation from the front of the project units forward to the street, including the parkway. 4. 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. 5. Before this Zone 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 Zone Variance. 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 Zone 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. 6. 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. 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 August 4, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: H iRMAN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Northwest corner of E. 18th Street and J Avenue e-2003-8„ NATIONAL CITY PLANNING ORN: 7/8103 NITIAL I EAR►NG: 7121/03 SITE PHOTOS 1724 and 1730 J Avenue 11' „ „. ;,, I , , , •ti''.1 Project site looking northwest across E. 18 Stree 18Th ST. SITE PLAN ME Y•20. PROJECT DATA Legal Description = Parcel 2 City of National City Map No. 19051 APN= 561-060-21 Address = 1724 & 1730 "J" AVE Zone = RM-1 PD Construction Type = V-N Occupancy =R-3 & U-1 BUILDING AREA TABULATION Unit #1 Existing Residence = 429 Sq. Ft. Proposed Addition = 373 Sq. Ft. Total Living Area = 802 Sq. Ft. New Garage = 230 Sq. Ft. Total Area Unit 1 = 1,032 Sq. Ft. Unit #2 Same As Unit 1= 1,032 Sq. Ft. Total Project Area= 2,064 Sq. Ft. Tim P Jones Architect license #C-24012 294 Shasta St CV CA 91910 ph 619-421-8320 fx 619-420-8328 tpjala®pacbell.net Date: 06-02-03 SHEET of / 3 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO 103-6 DATE: 6/4/2003 Mvmi.rxenes io 50 ". , AMC/Si-MO Frv-e- 114.i : Qvb 0 EAST ELEVATION suth:n•. Im• 0 0 WEST ELEVATION sun: ve•.I1 < 0611% nlmmQN NORTH ELEVATION w:a irz•. Ia• ®® AMNION EX15f1NG SOUTH ELEVATION sv+a tm•:e• Tim P Jones Architect License #C-24012 294 Shasta St CV CA 91910 ph 619-421.6320 fx 619-420-8325 tppala@pacbell.net Date: 06-02-03 SHEET' 3 / of / 3 Proposition 54: Classification by Race, Ethnicity, Color, or National Origin. Page 1 of 3 L 60 YEARS OF SERVICE August 11, 2003 legislative analyst's office ITEM #22 8/19/03 Proposition 54 Classification by Race, Ethnicity, Color, or National Origin. Initiative Constitutional Amendment Background The state and local governments collect information on race, color, ethnicity, or national origin of their employees and other individuals for various purposes. In most cases, the federal government requires this information to ensure compliance with federal nondiscrimination laws (particularly equal employment opportunity laws) and as a condition of receiving various federal funds. For example, state and local government agencies collect race -related information on adopted children and include this information in reports required by the federal government. In some cases, however, state and local agencies collect this type of information when not required by the federal government. For instance, state government collects race -related information on students applying to state universities for admission (whether or not they eventually enroll). The California Constitution currently allows the collection and use of race -related information. In the areas of public employment, public education, and public contracting, the Constitution, however, prohibits state and local governments from providing "preferential treatment" based on race, color, ethnicity, or national origin. Proposal This measure restricts, effective January 1, 2005, state and local governments from "classifying" information on a person's race, ethnicity, color, or national origin for the purposes of public education, public contracting, public employment, and other government operations. "Classifying" would include the collection by a governmental entity of an individual's race -related information. It would also affect to an unknown extent (as discussed below) the use of race -related information by governmental entities. In our discussion, we use the phrase "collection and use" in place of the measure's term "classifying." Exemptions. The collection and use of race -related information by state and local governments would be prohibited unless specifically exempted. The measure allows the continued collection and use of race -related data for a variety of reasons, including: o comply with federal law. http://www.lao.ca.gov/initiatives/2003/54%5F10%5F2003.htm 8/14/2003 Proposition 54: Classification by Race, Ethnicity, Color, or National Origin. Page 2 of 3 • To remain eligible to receive money from the federal government. • To comply with a court order in force as of the effective date of the measure. • To allow law enforcement agencies to describe individuals. • To place prisoners and assign undercover law enforcement officers. • To collect and use information related to medical research subjects and patients. • To allow the Department of Fair Employment and Housing (DFEH) to collect certain race - related information through 2014. In addition, for those government operations unrelated to public education, public contracting, and public employment, the measure allows the Legislature to pass (by a two-thirds vote of each house) and the Governor to sign, legislation approving the collection and use of such data to serve a "compelling state interest." Programmatic Effects Information Collected for Most Programs Would Continue Much of the race -related information collected by state and local government agencies could continue to be collected under the measure's exemptions. The majority of this information is currently required by the federal government. For example: • Government agencies collect race -related information on job applicants and employees to meet federal equal employment opportunity requirements. • Public schools (kindergarten through grade 12) collect race -related information on students. The federal government requires most of this information to monitor and evaluate (1) specific educational programs and (2) student test results and achievements. • The University of California (UC), California State University (CSU), and California Community Colleges collect race -related information on enrolled students and employees to meet federal funding requirements. • State and local government agencies collect race -related information on individuals who receive services related to cash assistance, alcohol and drug treatment, mental health, and food stamps. Most of this information is required by the federal government. • Law enforcement agencies collect and compile race -related information to meet various federal requirements. The DFEH enforces the state's equal opportunity laws. Many of the department's race -related activities are required by the federal government. To the extent that DFEH's race -related activities are not required by the federal government, the measure allows DFEH to continue this work through 2014 (at which time the Legislature could vote to continue these activities). Information Collected for Some Programs Would Be Restricted State and local government agencies also collect and use race -related information independently of federal requirements. To the extent these activities are not covered by the measure's other exemptions, this information could no longer be collected. For instance, agencies could no longer collect race -related information associated with: • Companies doing business with the state. • Public school students participating in a limited number of specific state ed cation http://www.lao.ca.gov/initiatives/2003/54%5F 1 0%5F2003 .htm ograr d 8/14/2003 Proposition 54: Classification by Race, Ethnicity, Color, or National Origin. Page 3 of 3 and tests. Prospective UC and CSU students. • High school students participating in some UC educational outreach programs. • College students participating in the state's loan forgiveness program. • Students taking state teacher credentialing exams. In those areas where agencies were restricted in their activities, state and local governments would have reduced race -related information. In such cases, the measure could have some impact on future public policy decisions. Effects on Some Programs Uncertain For some current government activities, the effect of the measure is unknown and would depend on future interpretation of the measure's language by courts and future actions by the Legislature. For instance, the federal government compiles demographic information on the state's population (primarily through the Census). This information generally is aggregated that is, not tied to specific individuals. Many state and local agencies then use this information for a variety of purposes. It is unclear under the measure whether state and local agencies could continue to use the race -related components of this information for evaluation, program, and reporting purposes. Under the measure, state and local agencies could continue to collect race -related information to meet federal requirements. The measure, however, is not clear whether these entities could then continue to sort and analyze the information for other purposes. In the area of law enforcement, the measure allows officers to describe individuals by race -related classifications (such as during a search for a criminal suspect). It is unclear if the measure also would allow law enforcement agencies to then use the information in other ways such as analyzing crime trends by race. In addition, the state and local agencies collect a variety of public health information through the use of surveys of the public which may include race -related information. It appears that this activity could continue under the measure's medical research exception. Future court and/or legislative actions could affect the measure's implementation in this regard. Fiscal Effects Much of the race -related information currently assembled and used by state and local governments could continue to be collected under the measure. In some instances, the continued collection of information would depend on federal program and funding decisions. With regards to information which no longer could be collected under the measure, state and local governments could experience minor one-time costs to modify forms and data collection systems. These agencies could also experience minor annual savings due to the reduced collection and use of race -related information. On balance, the measure would not result in a significant fiscal impact on state and local governments. Return to Initiatives and Propositions Return to Legislative Analyst's Office Home Page http://www.lao.ca.gov/initiatives/2003/54%5F10%5F2003.htm 8/14/2003 MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING FRaNI( MOTORS GROUP August 19, 2003 The Honorable Mayor Nick lnzunza City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor Inzunza, I've received a Notice of Public Hearing from City Clerk Dalla regarding an amendment of the General Plan from CA-PD to RM-1-PD for properties on the west side of A Avenue between 25th and 26th Streets. As you know the Mile of Cars Association has met with you several times in the last few months to make certain that our partnership with the city continues to be a positive one for all parties concerned. In our discussions we all have recognized the space constraints and congestion which occur on National City Boulevard. We have gone over employee and inventory parking issues, as well as delivery issues. As dealers we are doing our best to police these items without city intervention. You have even mentioned the possibility of closing off every other street between A Avenue and National City Boulevard (as was done on the west side of National City Boulevard) to better facilitate our needs and relieve congestion. Here is how The Mile of Cars Association and the city would lose if this amendment were adopted: • There would be less possibility for some of the streets between A Avenue and National City Boulevard to be closed to better facilitate the dealers and relieve traffic congestion on National City Boulevard. • Our dealers are looking for additional land for their facilities because of requirements of the manufacturers. To remove land already in the general plan means that dealers will have to look elsewhere for expansion, possibly outside of the city. This means less revenue for the city and more time and expense required for the dealer to manage a satellite location. • Passing this amendment will also send a message to the manufacturers that the city does not have the commitment to its dealers. The manufacturers themselves may start to look for other locations. With respect to the comment in the notice about most of the property in the area being residential, I disagree with this conclusion. With the exception of one small piece of property at the north end of A Avenue behind the Ball stores at the far north end of the Mile and the site in question, the west side of A Avenue is exclusively automotive related down to 30th Street. Therefore, changing these subject properties does not reflect what is really happening on the west side of A Avenue. On behalf of the Mile of Cars, I strongly urge you and the City Council to maintain the current zoning and let the grandfathered owners involved decide how their property should best be used. Respectfully, ornaca ent, Mile of Cars Association FRANK TOYOTA • 2400 National City Blvd., National City, CA 91950 • (619) 474-5573 • Fax (619) 477-6912 FRANK HYUNDAI • 3150 National City Blvd National City, CA 91950 • (619) 474-5502 • Fax (619) 474-6818 ® TOYOTA ®HYUfiDAI Team Excellence Award Winner #1 Hyundai Dealer in California RON BAKER 2301 National City Boulevard, P.O. Box K National City, CA 92050 • (Chevrolet) 477-2163 • (Isuzu) 474-8816 • Area Code (619) CHEVROLET • GeC • ® ISUZU August 19, 2003 CITY OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 RE: Proposed change in zoning east of "A" Ave. Honorable Mayor Inzunza Honorable Council Members It has come to my attention that the City of National City is considering changing the zoning that is currently in effect east of "A" avenue. It is my understanding that the zoning is currently COMMERCIAL/RESIDENTIAL and will be rezoned to completely RESIDENTIAL. If this proposed zoning change is correct, I vvould like to state for the record that I'm as well as every dealer on the Mile of Cars is adamantly opposed to this idea. Many of the Dealers have their storage facilities on "A" avenue and there is nowhere else to keep their inventory. This inventory is what enables us to keep our businesses viable and keep the tax revenue at the level it has been and for the city to function at the successful level it has operated at these past years. I, know the council will make the best decision for the city, the residents and the business community. Thank you for your consideration of my suggestion. Sincerely, Bill Cumming Vice President/General Manag Secretary/Mile of Cars A NATIONAL CITY MILE OF CARS poBL6(_ M EA1,I&G- Following is a copy of the letter: I am writing you on behalf of my parents, Raymond and Lilia Molina, who reside at 2516 A Avenue. They have lived in National City for 30 years. Last week, we testified in front of the Planning Commission in support of a proposal to amend the zoning of their property from commercial to multi -family residential. The members voted unanimously in favor of the change. On Tuesday, August 19, the same item will be before you for a vote. We cannot be present, as we will be out of town; however, we ask you to vote in favor of the change. Changing to multi family residential zoning is a good thing. My parents and their neighbors are elderly. In these times where there's a shortage of affordable housing, housing stability is important. Multi family zoning will allow them to feel a sense of security. They will no longer fear displacement. If their house burns down, they will be able to rebuild. Further, the homes will be attractive to investors, such as the home on 25th/A streets. The house and units have been dilapidated for years. With this change, they will be rehabilitated by the new buyers. For these reasons and more, we would greatly appreciate your support. Thank you for your attention. Ana Molina Lilia Molina Raymond Molina (619) 254-1937 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619036-4526 George H. Waters - Mayor July 5, 2002 VIA FACSTi IILE (With confirmation by U.S. Mail) The Honorable Jesus Rodriquez Superior Court South County Division Department 16 500 Third Avenue Chula Vista, CA 91910 RE: People v. Terry Hanks San Diego Superior Court Case No. CS 164539 D.A. No. BAH780 Dear Judge Rodriquez: On behalf of the citizens of National City, the National City Police Department and City administrative officials, I would urge you to sentence vIr. Hanks to the most severe sentence possible for the crimes he has been convicted of in the above -referenced matter. For several years now, Mr. Hanks has taken every opportunity to publicly vilify the Police Department and its personnel. It has been immaterial to him whether or not his profane harangues and signs offend people, including children. Hanks has not hesitated to interject his intense hatred of the police into diatribes before the City Council and members of the public, or to harass City staff. Having observed Mr. Hanks' behavior for several months, I am of the opinion that he is a violent person and is capable of community acts of violence against anyone whose views are different from his own. It would serve no useful purpose to send you all the correspondence he has written or to cite each incident that demonstrates the above. However, I am enclosing his latest letter to the City, which he wrote following his recent felony conviction. I find it interesting that even his pleas of guilty at a time when he should be contrite do little to stop his continuing diatribes. ® Recycled Paper The Honorable Jesus Rodriquei July 5, 2002 Page Two I hope that his messages of hatred, violence and profanity will not go unnoticed during his sentencing hearing on July 10. Sincerely, 40r-SH. WATERS Mayor RH/gmo Enclosure cc: Summer Stephan, Deputy DA • City Manager City Attorney Chief of Police Mike Della To: Subject: Mayor/Councilmembers Appointments Cheryl Howery-Colmenero asked that she not be reappointed to the Street Tree Committee due to temporary health problems. Stu Gordon called to say that he is ill and unable to make the interview today and requested he be allowed to be interviewed at a later date. M Dalla i COMMUNITY OF PRAISE BAPTIST CHURCH "Winning Our Communities & Worshipping Together" Rev. E. M. Williams, Pastor July 9, 2003 To: City of National City Planning Department 1243 National City Blvd. National City, CA. 91950 Re: Appeal of Resolution Case File # CUP-2003-10Z-2003-5 Dear Planning Department, The Community of Praise Baptist Church presents this document as our decision to appeal the resolution of the Planning Commission concerning the above -mentioned case file. The basis of our appeal includes but not limited to the following: 1. The complaints that were presented at the public hearing were primarily directed towards other entities or issues not pertaining to Community of Praise Baptist Church. The primary complaint was directed towards the church located at 330 National CityBoulevard in the old Bay Theatre building. It is not in accord, I'm sure, with the integrity of the City of National City to lay the "SINS" of another organization or the previous decision to be placed upon Community of Praise Baptist Church. Other complaint included: • previous allowance by the city for business parking in an Alley (Lantana Drive) • 5-6 cars per household in the community with little movement • upcoming school with 1000 students • our integrity as a church being able to pay rent with so few people To all of these complaints little or none should have bearing upon the church use. 2. The notice of public hearing announcement states "Written comments should be received by the National City Planning Department on or before 5:00 p.m., July Th, 2003". Prior to that time there were only one letter of complaint presented along with our letters of support. The letters of complaint and petition that were received 1 after 6:00 p.m in the meeting should not have been received (see recorded minutes or tape recording). 3. The findings by the planning department states "In order to justifythe variance it must be determined that it will not result in a special privilege for the applicant, and that a unique situation exist to justify it." The planning department goes on to state reasons why justification may be found (see PLANNING COMMISSION ISSION STAFF REPORT). Further we state that our situation is "NOT A SPECIAL PRIVILEGE". We are not requesting to be dealt with a special consideration. Our situation is quite the opposite. A special privilege would be defined as an opportunity ed to an individual or group that has or is not granted to others. This privrillegethas already been granted to a church located at 330 National City Blvd, in the old Bay Theatre building. Their situation consists of being required to provide nearly 675 parking spaces off street, to which only 12 have been provided. It doesn't take a lot of searching to see a potential parking problem. 4. Further a precedence has been set on how to handle this type of situation. We are not requesting special consideration, rather the contrary. We are requesting not to have more severe or harsh penalties, standards, or conditions placed upon us. This would appear to be unethical or in poor judgment. Further it is apart of the findings that we have met all conditions. We too have provided a reasonable solution that would benefit the community -parking situation. I would refer you to see the Central Avenue Study on Shared Parking. 5. Our situation is characterized as "AN UNIQUE SITUATION". • We are the only Afro-American Baptist Church in the City of National City • We have displayed that there is no parking problem by Community of Praise Baptist Church (see findings and record of public hearing). • We are offering services that other businesses are not • We provide a customer base to other businesses • Our business hours are the opposite of the other businesses It is our prayer that you will reconsider the resolution by the planning commission and grant unto us our requested permits. Done by the order of Community of Praise Baptist Church 2