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Home My WebLink About2003 09-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — SEPTEMBER 16, 2003 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 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 9/16/03 PAGE 2 PRESENTATIONS Presentation by Mayor lnzunza and Councilman Natividad Employee of the Month Program — Robert Hernandez Employee Recognitions: Miguel A. Diaz and Bruce W. Madison PROCLAMATION Proclaiming September 6, 2003 as "MANA- SAN DIEGO CHAPTER DAY" INTERVIEWS/APPOINTMENTS 1. Boards & Commissions: National City Community and Police Relations Commission — Interview and Appointment. (City Clerk) PUBLIC HEARINGS 2. Continued Public Hearing — Appeal of a Coastal Development Permit for a ready mixed concrete production and distribution facility on the south side of the 900 block of Bay Marina Drive. (Applicant: Associated Ready Mixed Concrete, Inc.) (Case File Nos.: CDP-2003-2/IS-2003-1) (Planning) 3. Continued 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) (Planning) 4. Public Hearing — Appeal of 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) 5. A Public Hearing to expand Parking District "A" on 20th Street, between A Avenue and D Avenue. (Public Works/Engineering) COUNCIL AGENDA 9/16/03 PAGE 3 PUBLIC HEARINGS (Cont.) 6. A Public Hearing to remove the commercial property located on the west side of Hoover Avenue, between 8th Street and 9th Street from Parking District "C." (Public Works/Engineering) **Refer to Item # 19 7. A Public Hearing to remove commercial property located on the west side of A Avenue, between 18th Street and 20th Street from Parking District "A" (excluding the residences at 1922, 1928, and 2122 A Avenue). (Public Works/Engineering) **Refer to Item #20 8. A Public Hearing — Amendment to Title 18 (Zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. (City initiated) (Case File No. A- 2003-1) (Planning) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 9. Resolution No. 2003-129 Resolution of the City Council of the City of National City authorizing the Police Chief to execute Memorandums of Understanding with the Sweetwater Union High School District and the National School District for joint funding of the D.A.R.E./J.O.G./School Resource Officer Program. (Police) 10. Resolution No. 2003-130 Resolution of the City Council of the City of National City authorizing the Mayor to execute an extension to an agreement for administration of taxicab and other for - hire vehicle regulations. (City Manager) COUNCIL AGENDA 9/16/03 PAGE 4 CONSENT CALENDAR (Cont.) 11. Resolution No. 2003-131 Resolution of the City Council of the City of National the authorizing transfer of $30,000 to relocate the Data Center. (City Manager/MIS Dept.) 12. Resolution No. 2003-132 Resolution of the City Council of the City of National City authorizing the Mayor to approve Contract Change Order No. 7 for the Street Improvements Project for that section of National City Boulevard, between 14th to 18th Streets. (Engineering Specification No. 02-7) (Public Works/Engineering) 13. Resolution No. 2003-133 Resolution of the City Council of the City of National City authorizing participation in the California Public Entity Insurance Authority (CPEIA). (Risk Management) 14. Resolution No. 2003-134 Resolution of the City Council of the City of National City approving a tentative Subdivision Map and Planned Development Permit for 28 condominium units on the west side of Interstate 805, between Plaza Boulevard and E. 12th Street. (Applicant: The Olson Company) (Case File Nos. S-2003-3/PD-2003-2/IS-2003-2. (Planning) 15. Street Tree Committee Minutes. (Parks & Recreation) 16. WARRANT REGISTER NO. 10 (Finance) Ratification of Demands in the amount of $2,373,727.44. COUNCIL AGENDA 9/16/03 PAGE 5 CONSENT CALENDAR (Cont.) 17. WARRANT REGISTER NO. 11 (Finance) Ratification of Demands in the amount of $282,052.88. 18. Claim for Damages: Alejandro Valdez (City Clerk) NON CONSENT RESOLUTIONS 19. Resolution No. 2003-135 Resolution of the City Council of the City of National City authorizing the Acting City Engineer to remove the commercial property located on the west side of Hoover Avenue, between 8th and 9th Streets from the Residential Parking District "C" Permit area. (Public Works/Engineering) **Refer to Item #6 20. Resolution No. 2003-136 Resolution of the City Council of the City of National City authorizing the Acting City Engineer to remove the west side of "A" Avenue, between 18th and 20th Streets from the Residential Parking District "A" Permit area (excluding the residences at 1922, 1928, and 2122 "A" Avenue) (Public Works/Engineering) **Refer to Item #7 21. Resolution No. 2003-137 Resolution of the City Council of the City of National City 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) (Planning) COUNCIL AGENDA 9/16/03 PAGE 6 NEW BUSINESS 22. Request for Proposal (RFP) to provide audit services. (Finance) 23. Report on prohibition against outdoor advertising of alcoholic beverages. (City Attorney) 24. Request to use the Martin Luther King, Jr. Community Center by the Chamber of Commerce for the Police Officer Awards dinner, waiver of fees, and permission to serve alcohol. (Public Works/Engineering) 25. Temporary Use Permit — N.C. Chamber -Safety Fair. (Building & Safety) 26. Temporary Use Permit — SDG&E — Light Bulb Exchange. (Building & Safety) 27. Temporary Use Permit — South Bay Community Church Fall Festival. (Building & Safety) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — October 7, 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 September 3, 2003 TO Park Morse, Acting City Manager FROM Patt Zamar r�j rim Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Fire Department (Safety) to be recognized for the month of September 2003 is Firefighter Robert Hernandez (nomination attached). Firefighter Hernandez has been invited to attend the Council meeting of Tuesday, September 16, 2003, and be recognized for his achievements and service. Attachment (1) xc: Department Director Firefighter Robert Hernandez Councilmember Natividad PZ:Im A:\NOMINATION LETTER TO CM ® Recycled Paper City of National City Performance Recognition Awa Nomination Form I nominate Firefighter Robert Hernandez for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Robert is a very active member of the National City Community through various groups and organizations. He has served as the coordinator for ROP and IST for the south and east counties. He is working with the Sweetwater School District intimately and is currently facilitating the .possible formation of a safety/multi casualty drill with the National City Fire Department. Robert is also the Fire Department's Public Education Coordinator, and as such works closely with area schools, businesses and service groups. Robert has provided safety education to over 11,000 community members. He is always a positive influence on those who work with him and he is always willing to assist other members of the Fire Department in training, education and work assignments. Robert truly exemplifies a caring, willing and dedicated member of the National City Fire Department and the Community of National City. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated by: Donald Condon, Acting Fire Chief Signatur Date: August 18, 2003 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 August 28, 2003 TO N. Paola Hernandez, Special Assistant to t FROM Lilia Munoz, Executive Assistant I SUBJECT : EMPLOYEE RECOGNITION The following City employee will complete his twenty years of service with the City of National City on September 1, 2003: NAME MIGUEL A. DIAZ POSITION : ACTING DIRECTOR OF PARKS RECREATION HIRED SEPTEMBER 1, 1983 As part of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of September 16, 2003. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The commendation letter and anniversary pin will be sent prior to the presentation. Thank you. xc: Miguel Diaz Acting City Manager RECOGPRG.DOC-11 GI) Recycled Pacer 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 TO FROM SUBJECT August 28, 2003 N. Paola Hernandez, Special Assistant to the Mayor E i Lilia Munoz, Executive Assistant lay/ EMPLOYEE RECOGNITION The following City employee will complete his twenty-five years of service with the City of National City on September 8, 2003: NAME BRUCE W. MADISON POSITION : PARKS EQUIPMENT OPERATOR HIRED SEPTEMBER 8, 1978 As part of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of September 16, 2003. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The commendation letter and anniversary pin will be sent prior to the presentation. Thank you. xc: Bruce Madison Acting Director of Parks & Recreation RECOGPRG.DOC-1 I !t Recycled Parser t#g z# aff:nai (1t# fxIItlaxLiattriY WHEREAS, MANA, A National Latina Organization, is a nonprofit, advocacy organization established in 1974. Its mission is to empower Latinas through leadership development, community service, and advocacy. WHEREAS, MANA fulfills its mission through programs designed to develop the leadership skills of Latinas, promote community service by Latinas, and provide Latinas with advocacy opportunities. WHEREAS, MANA is a national community of Latinas actively working to create a better quality of life for Hispanics. MANA values: positive risk taking, community activism, sharing of culture and heritage, and honoring and valuing the contributions of Latinas. WHEREAS, The San Diego chapter of MANA is holding their l lth Annual Brindis Gala, "Inspiring the faces of California" to raise support for San Diego MANA's mentor, scholarship, and Latina leadership programs. Therefore, the Mayor and the City Council of the City of National City, do hereby proclaim September 6, 2003 as: "MANA-San Diego Chapter Day" And call on all its citizens to join the Mayor and the City Council of the City of National City in recognizing and. commending MANA, A National Latina Organization, for advocating and empowering all Latinas to become active leaders in their community. Luis Natividad Councilmember Ron Morrison Councilmember 4 4 j 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2003 AGENDA ITEM NO. 1 / ITEM TITLE Boards and Commissions: National City Community and Police Relations Commission - Interview and Appointment PREPARED BY Michael R. Dalla, CMCCEPARTMENT City Clerk EXPLANATION The Mayor has requested that interviews be scheduled for the National City Community and Police Relations Commission. We have ten applications on file. The applicants have been invited to appear for interviews this evening. 1. Samuel Arroyo, Jr. Not interviewed 2. Allen R. Bailey Interviewed 08/19/03 3. Joseph Gonzales Not interviewed 4. Stu Gordon Not interviewed 5. Mark L. Gundert Interviewed 08/19/03 6. John Kirk Not interviewed 7. Janice Martinelli Not interviewed 8. Anna Marie O'Quinn Not interviewed 9. Craig S. Prior Not interviewed 10. Alethea R. Pruitt Interviewed 08/19/03 11. E. Tracy Smith Not interviewed ( Environmental Review 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. Application copies A-200 (9,99) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission Community & Police Relations Commission* ❑ Housing & Community Development Committee ❑ Library Board of Trustees ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Port Commission ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board ❑ Street Tree & Parkway Committee ❑ Serra Library System Advisory Board ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Seernoe\ A ' z,15�. Home Address3033 E, jq*" M . N•C •�,+CA %Aso Tel. No.(ptCi • M 1D 145(� Business Affiliation Sat O\ CA-4 Sc,oin\S Titles e60� GAUCQ4iort ASS•+STnhk y4 90 l'� K tc.AVenve . P Business Address San DU)O CA (mill. Tel. No. Sq. ciib•g2Yo Length of residence in National City2leart San Diego County2fleurs Californiallierca Educational Background Curt -el -NMI ak-k-ec,41 43 eo\tege1 pursi Y\Q a SA I r \ urwo.v 5eru ACC' S • / JJ Occupational Experience Ed(Ca i-i p» /sttde t 14 Name *Need not be a resident Professional or technical organization memberships A/D• Civic or community experience, membership, or previous public service appointments: Sher c4's Explorer fro9rawi "k-*etc. Experience or special knowledge pertaining to area of interest: Cow,t1e,e6 a ChANINtuv►;41 tetaktnvtc course aA. S6u4 twrstcrn Cortrd•Con Have you ever been convicted of a crime? No V. Yes Date 09• pg • ib 3 Signature Please feel free to provide additional information or lett/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) Revised September 4, 2003 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT RECEIVED TO CiTY BOARDS, COMMISSIONS, AND COMMIT EEBTY CLERK Please check the board or commission for which you are applying. (You may apply for more than one.) Building Advisory & Appeals Board* _ Port Commission) AUG - 8 P Civil Service Commission San Diego County Water Authority X Community & Pokce Relations Commission Senior Citizen9:, ri L CITY _ Housing & Community Development Committee _ Serra Library System Advisoryand' Library Board of Trustees _ Street Tree & Parkway Committee Parks & Recreation Advisory Board _ Sweetwater Authority Planning Commission X Traffic Safety Committee Note: Applicants must be reresidents and registered to vote in the City of National City. Name FI1Q_i .. _ti1ey Home Address 13 , ` ZA e t4t,f t=. Tel. No. 6t9 4 %4 3 P 8 Business Affiliation 4 t y' eel Title Business Address Tel. No. Length of residence in National City /8 fyizs San Diego County5) * California f Educational Background 64 ,0 pO i i r e N Ce en a 1,r' f t 1N !eve.( ('®AAb-sc" Occupationaln1Experience C m s c�, i ; dam+ is 'feel n le ) CO JI r4u ra r I Cie r) Nil r9c€4raYe u.»i3e}� t ,S f- Niy�0.t^ S Professional or technical organization memberships S,f) c t e 4,1 £ Tyr in 5 e e t \ r6? 4A14r-, IAiin Civic or community experience, membership, or previous public service appointments: d.�' ' i d�ats� FpQ r"eS i � �c:c.�N gtt‘.. — vniu vl p q, C Pp/A. Experience or special knowledge pertaining to area of interest: styet it 41r.c4ryu�i k Lie n. e r �— /14-04001.4.1 Date D A? t o.3 Signature #-� R leaf 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) Revised March 13, 2003 *Need not be a resident PA CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Ivil Service Commission rwr Community & Police Relations Commission* ❑ Housing & Community Development Committee ❑ Library Board of Trustees ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Port Commission ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board ❑ Street Tree & Parkway Committee ❑ Serra Library System Advisory Board ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. jrD 5 Go Arz,A C.�s a3 Co m u/• Vs-4 1/1t2 Home Address 6 L (m 4 i / Tel. No. �t1- LAP- 5-0 C47 Business Affiliation 60r17141E,t%,..,„„ eir it Title oW/ t.(ti'tb/vea +C Business Address /bob, 6"14"61,4Si; Mute V611=/64 Tel. No.l1 '-4, /9. Length of residence in National City San Diego County so y4& California Educational Background (st' 4 c4C,d-G1) Name Occupational Experience a �o < , Z'/Z CN R. c e- ►rj-Atom' N)5 `a.JJ Professional or technical organization memberships C.A. C /'1 SE /qz;V - Q togwr OF psx j rog.neR. wA.. �ll1917CAT1�-S A(Yg'ir Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: o`ilgo tifS 126 j9Bi,v,./ CC Have you ever been convicted of a crime? No ✓ Yes Date 061-0 Cl— b3 Signature 0 0 Please feel free to provide a *Need not be a resident onal information or letters of endors ento D 1 O r— n -i cn -< o- Thank you for your interest in serving the City of National City. (This document is filed as a public document) Revised September 4, 2003 Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 JOSEPH GONZALES 1623 Columbia St. Chula Vista, Ca. 91913 619-482-5047 619-607-6185 (Cell) gonzpisv@msn.com OBJECTIVE An articulate bilingual, professional investigator with a high level of motivation, reliable, flexible, and willing to adapt to new ideas and accept increasing responsibility. Highly effective in promoting a positive, productive work environment. Well organized; strong in planning and implementing programs; thrive on and take pride in accepting projects that offer challenge and require motivation; remain calm and work well under demanding conditions. QUALIFICATIONS: Independent professional investigator conducting in depth personnel background investigations for several government agencies to include U.S. Customs, Drug Enforcement Administration, Federal Bureau of Investigation and Department of Defense. Spanish language Monitor/Translator for the Drug Enforcement Administration on sensitive classified investigations. Coordinating and conducting investigations in Mexico for U.S. Law Firms and Private Companies, to include financial, identification of assets, personnel background, police records checks, surveillance and providing uniformed or plain clothes security. Conducting Security surveys of business and Corporate sites. Special Agent with the Drug Enforcement Administration and predecessor agencies for 26 years. Supervisor with the Drug Enforcement Administration for 11 years. Prior to retirement supervised a joint FBI/DEA group that specialized in intelligence gathering in the U.S. and Mexico. Education 1959 Diploma Morenci High School 1970 Treasury Law Enforcement School 1975 University of Maryland Supervisory Training [DEA] 1980 Intelligence Collection Training 1982 Street Survival Training 1984 Asset Removal Training 2003 Voice Box 3 Training [DEA] Relevant Experience Throughout my career in the Drug Enforcement Administration I have been involved with local law enforcement agencies throughout California and Michigan. I was also an Inspector with the Drug Enforcement Administration and conducted Personnel Integrity Investigations. OTHER EXPERIENCE I received computer word perfect training while in DEA. I am also computer literate in Microsoft word, and word. LANGUAGES I am a native Spanish speaker. References Available Upon Request CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Cl Building Advisory & Appeals Board* Civil Service Commission Community & Police Relations Commission El Housing & Community Development Committee -Library Board of Trustees t i Parks & Recreation Advisory Board 0 Planning Commission » Port Commission RECEIVED CITY CLERK C1 San Diego County Water Authority D Senior Citizens AdviisZ it ! o tif Serra Library System Advisory CI Street Tree & Pari4gA�i funk. CITY LI Sweetwater Authority CI Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name ,cj` e-f (-ONOrf+/V Home Address i; 0 5 A Ufa Tel No. 41 9-9- `/J t 8 Business Affiliation FAT 5 uh/ A 1-,14 Title p p . E ,S 1 K1 E 11l T " Business Address 6 (,2 C / Z%3 {� /�' %�`/`= � � Tel. No. Length of residence in National City ,,5" j p,San Diego County 33 California 3 19-4 Educational Background (? (% ( r '--. 0 dj/ 1 Tf3 T ( Ye', _// /i/1 ej %/ tiYJ Y' Occupational Experience Professional or technical organization memberships aL /V-jgpQ fuAT/"73 L tAl , 1 rF, 's 4 S t � �i=?: ,t J �- t 3AS U° b t L !O Civic or community experience, rt{idr fierh a, (previous public service appointments: P C 1-j ? / S t-M i t, 'I/t' er en Ex p pertaining a�pcieal+knowled g e ertainin to area of interest: ea13-c id & D rEit) C 13/ l L1 "1rF r ,942 ` Date /1/OfQ/4, 0 Signature Please feel free to provide additional information or letters of endorsement. t 6 /E/v; s1 l-1.64,9 E. 9 o ,, Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 g Thank you for your interest in serving the City of NationMit CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission • Community & Police Relations Commission ❑ Housing & Community Development Committee O Library Board of Trustees • Parks & Recreation Advisory Board O Planning Commission Cl Port Commissi IT San Diego Colin ❑ Senior Citiz ❑ Serra Libra. gut RECEIVED TY CLERK y water Authority rs $o d2 ys em Advisory Board Li Street Tree 0 Sweetwater utho�1�(LnL 0 Traffic Safety Committee 3( ?4sLtc ,vi So/by $o,frzp Note: Applicants must be residents and registered to vote in the City of National City. Name /h14 L. G V •ar2-r- HomeAddress 9/ 7 VILMA.) baly l.111 4/C4-Tel. No. kJ?' fer-5.5-irh -i Business Affiliation i iL/ ...Cf 1/ f4 Ft 5Title RAG 0407471ti Business Address '39 3 E . r/ b ftt -,LF T- Tel. No. (g-177-38/6 asSey Length of fesitleftee in National City 2 S yns San Diego County•?3 Y as California 45-pes Educational Background 135 31.45r#- 4Sr ittl/vo/L ps,C Lo6y ' SDS y ef' Otti ►'n t) Occupational Experience fit'& J 4'2ur j l{ 5 t Cop 1"-) (4 yM (s Q kr'ritii.t wr) Professional or technical organization memberships it01{2tc4...i tt.-&1da-'j jt/C Met. eLC Civic or community experience, membership, or previous public service appointments: Pq BLS L , fi ioN-r OFT pa N cfb '' rA/cf� IfQ7 C5e& 144-144e-A•t) Experience or special knowledge pertaining to area of interest: gkg..4r{4-apif-t6f'7') C 4,211. nrt" PIA ©rfic .S St' t.'7 hAt t -c tt fi+c/7-E - Pis 7 00 Date 5 /5/6 Signature 7144 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. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES RECEIVED ❑ Building Advisory & Appeals Board* Q Civil Service Commission Community & Police Relations Commission* ❑ Housing & Community Development Committee 0 Library Board of Trustees D Parks & Recreation Advisory Board O Planning Commission O Port Commission CITY CLERK. ❑ San Diego County Water Autnonty n Senior Cie P""ai ry oar 6014 ❑ Street Tree & rk way rr�r{{iitttt n Serra Library twdd.. i o Board O Sweetwater orty"" IA� CITY ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name T.` j -Home Address (`t LJ oZ TeL No. 4/7 �� y :Business Affiliation Kc="t7 Business Address ;Length of residence in National City �C) + San Diego County California �o t Educational Background /� Title Tel. No. Occupational Experience e o,1) c -i2 c,, c_f; , &,(,) L. CC , c Professional or technical organization memberships Civic or community experience, merrtbership, or previous public service appointments: il. Ovjs CI u B Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? N Y Yes 1 e Date q— 6 3 Signature Please feet free to provid 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. iThic rtinr++moni is iitpn as A iriicnic document) Lo.4 \ *Need not be a resident Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission -.Gommunity & Police Relations Commission* ❑ Housing & Community Development Committee ❑ Library Board of Trustees ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Traffic Safety Committee ❑ Port Commission ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board ❑ Street Tree & Parkway Committee ❑ Serra Library System Advisory Board ❑ Sweetwater Authority LALe gorr Note: Applicants mist be residents and registeredregistefed to vote in the City of National City. Name o Home Address fr f'� / �= � Tel N� �` �`t y�i \ - - Business Affiliation Business Address ctf_i'lteTitle Tel. No. Length of residence in National City glag San Diego County 1-1-0G'ttalifornia_L Educational Background 'V.P cd) L- Fe.- �'I� i�?7 t De e toQwya Li cyricywk4 s--- rotae-- Occupational Experience ata Professional or technical organization memberships P(A( 1( _._ 40G(' `1 t ' c — °i"� C Y',J` -reALQ )4 ('r i (LP 5 K --�,1 P ]6A4�\/:0 J yr � evy S t Civi 6r fr �y a peti�rS e,5m0h1be44 Vo previous public service appo�ents:CilaiL Experience or special knowledge pertaining to area of interest: Have you ever been convicted of a crime? Now Yes Date (— j Signature Please feel free to provide additional information or letters of endorsement. .6(9 ~ (J�� hank you for your interest in serving the City of National City. (This document is filed as a public document) Revised September 4, 2003 7 *Need not be a resident CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES(RjCEI' Please check the board or commission for which you are applying. (You may apply for more than one.) ZC Building Advisory & Appeals Board* - Port Commission ��¢ P 2 43 _ Civil Service Commission San Diego CountyUtho ity X, Community & Police Relations Commission _ Senior Citizens Advisory Board IDtdAL et"_ Housing & Community Development Committee _ Serra Library System A�i _ Library Board of Trustcc:. _ Street Tree & Parkway Co mittee _ Parks & Recreation Advisory Board _ Sweetwater Authority _ Planning Commission _ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name A1•3k-zi--4 M4 E 0''�Q- �4 i �v Al Home Address RD ?/#L_M J O OD »Y . SPSA- Tel. No._� i 61 0 'l q zZi3q Business Affiliation Title Business Address Tel. No. Length of residence in National City_ San Diego County Li 1 l Califfomia 417 (3 Educational Background SD ,.e.6A R j ff-ti'.) S 1 61 Lev, A I N o 9Ye-ss . Ai' - - d--52-d-ure- i&n4T Occupational Experience e-ri--1J+rt-_LT7 -e V-/LA '0 ,,Pu,,Oltc .5N OCOLtod\f ff t?ri--D1 ,1z 942t. �-iAItsr- Professional or technical organization memberships 11-`1-T 1 a i2- 1-FL'L viketN 1l >. Civic or community experience, membership, or previous public service appointments: 1 Artt c A..1 1/1e vS i VA .T i/t S a Willi jCi1Csen✓cs Ex erience or special knowledge pertaining to area of interest: ,ct _ ( I 2 Sr ! A) M470 0.14 / K yin,,u yzs j t ye__ Date 61 -lic:- Zo 0_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 City. (This document is filed as a public document) Revised March 13, 2003 C *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 EYCommunity & Police Relations Commission* ❑ Housing & Community Development Committee ❑ Library Board of Trustees ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Port Commission ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board ❑ Street Tree & Parkway Committee ❑ Serra Library System Advisory Board ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name CI,12-A *5- j . 9r4! o (� Home Address Co I 7 `T Tel. No((o a61) -3.4,1 ~I f i Business Affiliation U:4w 6Ft._S t c {L( (& S3 Title Business Address C..1 4 4-71 n c T C Tel. No. C� 19.)17 - % I Length of residence in National City 1 L `' s San Diego County 46 VrZS California V4 Y (t5 Educational Background L - jr(p-e- Occupational Experience 0 Lr\ Nt 2 E N-ft- fZ A I R.) Cr* 7vT', A c,e u tut 116- LEG-,42 cA vv\iPt__I f3{�iCt Professional or technical organization memberships 1c 'r dar t DE C441-k f= Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to area of interest: NKNILe X,.f.1 (\ T Rm Have you ever been convicted of a crime? Date (D/O 1, Signature Vo t� Yes ICJ R7t)(2-NEY ( 117-101-'rni N i) En \J-4 LI<e:O l psi C fZ t m I N A't-- rF r'1S� fltc- ai'zoS cAr'Tib N ) C2 0 o c' -n rn Please feel free to provide additional information or letters of endo em Wit. --4 0 D r —4 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) Revised September 4, 2003 -0 C.) —73 -G c� r- < mm 73o 7C I! CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES -03 ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission ❑ Housing &Community Development Committee ❑ Library Boiard?of Trustees ❑ Parks & Recreation �Advisory Board I�CPlanning Commission )(c 4-i s I‘erc ec vmrss wr Note: Applicants must be residents and registered to vote in the City of National City. Name PA 41 -_ Home Address ❑ Port Commission RECEIVED o San Diego County Water Au rlYCLERK ❑ Senior Citizens Advisory Board O Serra Library System Ad road p o Street Tree & Parkway Committee o Sweetwater Authority CITY OF NATIONAL CITY D Traffic Safety Committee f 3 ? I ili otc.0 an 5+ (o/% ak7-33/] 77/ Tel No. Co /c/ 7 -0562 CAL( Business Affiliation �r� r r-} Yfl - . Title + �i r�.�4 DI+tQ�.P.1 Business Address e d .,2 3 (n Tel. No. (ci Cj' 7 /Z- 0,9 Length of residence in National City J San Diego County (/ California________ Educational Background way cP VYtc Occupational Experience ('7YS6ej ,/ 6e3gr J'04/4,1 --- c min' 01 Lvr i Z dm// 37 } ups / ew iek /7 Professional or technical organization memberships Al fl 1al 1441 Moy+, hit f/LJhQr?'P"7,5, Civic or community experience, membership, or previous pmblic service a poinimen �/ Boa kc, o, /)i cet 2 s P�^ri-d se Lfa..L[uy i eis,4 _. yU1 » /til/oly Ad( owcF C' u M NC rh 914-J Experience or special knowledge pertaining to area of interest: Cow cet-irk �/M ,Ot'�afet 1�1 N` f ueyPrt-y s/t-f fy Wcr rMrpv fry ['camcetMJ�/5v,/dr"'9' .07,0,,004 Date 3/0 /A_ 3 Signature L -1,tp.1/4 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. ITI.:a Anna rnnn+ in 4:1nd nor. w *N. .In1:n iron, ,mnrfPi _ _ Library Board of Trustees _ Parks & Recreation Advisory Board _ Planning Commission CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Please check the board or commission for which you are applying. (You may apply for more than one.) _ Building Advisory & Appeals Board* Port Commission Civil Service Commission _ San Diego County Water Authority _ Senior Citizens Advisory Board Housing & Community Development Committee Serra Library System Advisory Board Street Tree & Parkway Committee _ Sweetwater Authority _ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name E ()Lon z.° [ Acy S*ni-n-1 Home Address 2440 © ALfr en 1/4- t Tel. No. (tq ' 4?7-0G71 Business Affiliation T+Ie ►Rercici (ba_poratvn Title C4e_groEr.li Business Address 2'14o D Aut_nue_ Tel. No. bt4 Length of residence in National City 7 San Diego County a California Educational Background a3 - Con -puns t1•1Fc� 5C 1. BA EA) ()Lis -0 38 Occupational Experience U . ')e.rzs i .J r'T . g y ec3,sS ) n S. SZ'44.461 Professional or technical organization memberships Ai beli,4 ei`rc1 el44mJRerc Civic�or community experience, membership, or previous public service appointments: l.. i ui L Cri l,"i i C2 eery, t � s lead" ' -rez-P lc ,Xr F e_'Z. 06-rna'I , f-e_r2 Experience or special knowledge pertaining to area of interest: Ctoi-L-p�e ktrtdr 1 r erirvico Date 4 -Sc '-63 Signature ( oA Please feel free to provide additional information orTetters of endorsement. c, *Need not be a resident Please return completed form to: _ • a City Clerk's Office 1243 National City Blvd n rri - - National City CA 91950 D.-<cp rn Thank you for your interest in serving the City of National City. o r- < (This document is filed as a public document) z r,-1 m Revised March '13 2003 R O n ;O -I -� w /3 City of National City, California COUNCIL AGENDA STATEMENT dIEETING DATESeptember 16, 2003 AGENDA ITEM NO. 2 ITEM TITLE CONTINUED PUBLIC HEARING — APPEAL OF A COASTAL DEVELOPMENT PERMIT FOR A READY MIXED CONCRETE PRODUCTION AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF THE 900 BLOCK OF BAY MARINA DRIVE (APPLICANT: ASSOCIATED READY MIXED CONCRETE, INC.) (CASE FILE NOS.: CDP-2003-2/IS-2003-1) PREPARED BY DEPARTMENT Roger Pos 6-4310 Planning EXPLANATION City Council continued this item from the August 5, 2003 meeting at the applicant's request. The Council Agenda Statement and attachments from that meeting are attached for your reference. CEnvironmental Review x N/A Negative Declaration Proposed Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Coastal Development Permit. Vote: Ayes -Unanimous ATTACHMENTS ( Listed Below Resolution No. 1. Council Agenda Statement and attachments dated August 5, 2003 A-200 (9/99) City ©t National City, California COUNCIL AGENDA STATEMENT MEETING CAS August 5, 2003 AGENDA ITEM NO. iTE TITLE PUBLIC HEARING — APPEAL OF A COASTAL DEVELOPMENT PERMIT FOR A READY MONCRETE PRODUCTION AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF THE 900 BLOCK OF BAY MARINA DRIVE (APPLICANT: ASSOCIATED READY MIXED CONCRETE, INC.) (CASE FILE NOS.: CDP-2003-2/IS-2003-1 PREPARED BY Roger Post 3 6-4310 EXPLANATION The Planning Commission denied this project on June 2, 2003. The applicant submitted an appeal on June 12, 2003. The attached background report describes the item in detail. The applicant submitted a previous application for a similar proposal at the same site that was denied by the Planning Commission in 2002; however, it was withdrawn prior to City Council consideration. DEPARTMENT Planning Environmental Review Financial Statenlent N/A NANegative Declaration Proposed STAFF. RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD I COMMISSION RECOMMENDATION The Planning Commission denied the Coastal Development Permit. Vote: Ayes -Unanimous EN`S F Listed Below 1 oiuidReport 5. Location Map . Ott' ended Findings 6. Site Photographs 1and Recommended Conditions of Approval 7. Proposed Negative Declaration Initial Study Appeal Letter A-200 (9/6o) Account No. Resolution No. 8. Depaitnnental and Agency Comments 9. Application 10. Applicant's Plans (Exhibit A) BACKGROUND REPORT The project site is on the south side of Bay Marina Drive, approximately 170 feet west of the Bay Marina Drive/Marina Way intersection. It is a vacant 1.21 acre lease area of a larger 18.49 acre U-shaped parcel in the Medium Manufacturing -Coastal Zone (MM-CZ). It has 165 feet of frontage on Bay Marina Drive and is 465 feet deep; it narrows to 100 feet at the south end. Nearby uses, all in the MM-CZ zone, include a cement distribution facility to the south on the same property, Georgia Pacific Wholesale Lumber to the north across Bay Marina Drive, an auto storage lot west of the site, and railroad right-of-way immediately to the east. Further east across Marina Way, in the MM-CZ and Commercial Tourist -Planned Development -Coastal Zone (CT-PD-CZ), are Rail Car Plaza and industrial properties being acquired by the Community Development Commission (CDC) for redevelopment. The applicant proposes to construct and operate a ready mixed concrete production and distribution facility. The site will be developed with the following improvements: • A 2,700 square foot aggregate material storage enclosure located on the east side of the property approximately 17 feet south of Bay Marina Drive. The 35-foot tall enclosure is not an ordinary building. It will not have a roof or any doors or windows; material loaded into it through the top by the conveyor belts. The gray concrete tilt -up enclosure will have three-inch deep inset horizontal scores and 38 '/2 foot tall steel columns, spaced every 26 feet, on all facades. Additionally, the north and east elevations, which are the most visible, will be enhanced by angled concrete panels that tie the enclosure into a block wall along Bay Marina Drive. • A central mix concrete batch plant, which mixes the aggregate material, cement and water together to make concrete, will be located in the middle of the site. It will be 684 square feet in size and 59 feet tall. • The dispatch office and parts storage building will both be constructed of gray tilt up concrete panels to match the aggregate materials enclosure. The office will be located adjacent to the aggregate storage bin, and the parts storage building will be on the south end of the lot. • Conveyor belts will run from ground level near the north end of the storage enclosure to as high as 39 feet where they will connect with the batch plant. • In order to collect all stormwater runoff and runoff from the operation, three 12 foot by 36 foot wash out pits, one 24 foot by 36 foot drying pond, and one 12 foot by 20 foot runoff sump will be constructed on - site. • Smaller miscellaneous site improvements will include a 140 square foot drive -over hopper (container) for unloading aggregate materials; it will be located adjacent to the aggregate storage enclosure. Additionally, all vehicular travel areas of the site will be paved, and 15 passenger car parking spaces and 9 mixer truck spaces will be provided. Finally, on -site landscaping will consist of a 17-foot wide area along Bay Marina Drive, which includes two feet of parkway, and a 6 to 10 foot wide strip along the eastern site boundary. The landscaping will consist of a mixture of groundcover, shrubs and trees. The applicant has indicted that the facility will employee 15 people, and will regularly operate Monday through Friday from 6:00 a.m. to 3:30 p.m. They estimate the use will generate between 63 and 85 roundtrip truck trips a day, with an average of nine or more mixer trucks loading and leaving the site between 6:00 and 7:00 a.m., the busiest hour of operation. The Local Coastal Program (LCP) protects views of and access to coastal areas and the bay. ever the LCP does not identify any important views from or across the project area. Existing views across this area are from Interstate 5 and from some elevated areas of the City. The views are of industrial dev+ l ipment nd ships when they are in port. The almost 60 foot height of the concrete silos, which are shorter that the existing 85 foot tall silos adjacent to the south, and other site improvements will add to the views of industrial development. The project should not negatively affect access to coastal resources, such as the existing Pepper Park public boat I ramp and the future marina, since the truck traffic it generates will not use or pass by Marina Way; Marina Way was constructed to provide convenient and attractive public access to National City's coastal resources. The proposal is consistent with the MM-CZ combined General Plan/zoning designation, which allows production and processing activities that generate some degree of noise and vibration, and involve some air pollution or potential for fire or explosion. There are no variances needed, since the proposal meets all development standards such as the 60-foot height limit and minimum setbacks. Additionally, a Noise Technical Study prepared by Giroux & Associates indicates that the project will not exceed the noise standards in Title 12 of the National City Municipal Code. Despite functional limitations, such as the need for a rectangular materials storage enclosure without a roof, the project complies with several City Design Guidelines. The enclosure will primarily be constructed of two materials, concrete and steel, but will have a variety of textures. Additionally, the use of angled concrete panels to create wall plane variation gives the enclosure a very unique appearance. CDC, who has worked with the applicant on redesigning the structures, has expressed their support of the project in an attached memorandum. If maintained, the landscaping proposed will soften and screen the proposed structures and use. Additionally, the shrubs around the base of the walls will protect them from graffiti. The 17 foot wide landscape area along Bay Marina Drive is considerably more than required by Code and the 6 to 10 foot wide landscape strip along the east side of the property should be adequate. Concerns exist over the compatibility of the proposed use with the uses planned for the nearby CT-PD-CZ. There is however, an approximately 170-foot wide railroad right-of-way adjacent to the east of the site that separates the site from Marina Way and the planned tourist commercial uses. There are often railcars stored on the tracks in this area, as shown in the attached site photographs (view from Marina Way). The site could be used for other uses that might be more complementary to the existing and proposed tourist commercial uses to the east and northeast, and provide a better transition between some of the intensive industrial uses to the west and south and the existing and future tourist commercial development. Potential environmental impacts associated with the project are addressed in the attached Initial Study, which resulted in the proposed finding that the project will not have a significant effect on the environment. The main issues discussed in the Initial Study are traffic and noise generation. All truck traffic generated by the project will be routed to the west and north on Bay Marina Drive , Tidelands Avenue and Civic Center Drive, which are all operating below capacity. Planning Commission considered this item at a public hearing June 2, 2003. Commissioners heard testimony in opposition to the project from several residents of National City, from several owners of businesses in National City, and from members of organized labor. The primary reasons members of the public stated for opposing the project were heavy truck traffic associated with the project, its close proximity to the gateway to the National City Marina, and its use of non -union labor. Commissioners discussed the air emissions of the project, the heavy truck traffic and the unique architectural design. They voted to deny the project, determining that the site is not suitable for the proposed use, since the use will not enhance the nearby tourist commercial properties. !1 RECOMMENDED FINDING FOR DENIAL 1. That granting of this coastal development permit is not consistent with all other City plans and ordinances, since General Plan policies encouraging new development to be appropriate to the needs of the community and to enhance surrounding areas, such as the nearby tourist commercial properties, will not be achieved by development of the concrete production and distribution facility at the proposed site. POSSIBLE FINDINGS FOR APPROVAL 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the proposed ready mixed concrete manufacturing and distribution facility is an industrial use consistent with the Local, Land Use Plan designation of Medium Manufacturing - Coastal Zone (MM-CZ) applicable to the property. 3. That the conditions of approval are adequate to carry out the Certified Local Coastal Program, as required in the implementing ordinances, since the project meets all City standards identified in the Local Coastal Program. 4. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the General Plan identifies this area for intermediate industrial uses and since the project is in compliance with all Land Use Code requirements and City Design Guidelines. RECOMMENDED CONDITIONS OF APPROVAL 1. This Coastal Development Permit authorizes the construction and operation of a ready mixed concrete production and distribution facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Case File no. CDP-2003-2, dated 3/27/2003. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, and shall be consistent with the requirements of the City's On -site Landscape Guidelines. 3. A trash enclosure shall be provided in accordance with city standards. It shall have a block exterior with three inch deep reveals to match the building. 4. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 5. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 6. A grading and drainage plan, prepared in accordance with the City's standard requirements by a Registered Civil Engineer, shall be submitted showing all existing on and off -site improvements. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National City Pollutant Discharge Elimination System regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 7. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of-way shall be six inch in size•with a clean -out. A sewer stamp "S" shall e provided on the curb to mark the location of the lateral. 9. The five feet of deteriorated sidewalk and ten feet of deteriorated driveway along the property frontage shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all improvement work within the Public right-of-way, and the grading construction on the property. 11. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 12. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 13. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 14. Before this Coastal Develop t Permit shall become effective, the a ant and the property owner both shall sign and have notarized Acceptance Form, provided by the P - i' g 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 Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 15. 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. ASSOCIATED READY MIXED CONCRETE, INC. 2730 E. Washington Blvd. Los Angeles, Ca 90023-2636 Ph. 323-260-5350 June 12, 2003 Hon. Nick Inzunza, Mayor City of National City 1243 National City Blvd National City, Ca 91950 Ref: CDP-2003-2/IS-2003-1 Hon. Mayor: The above referenced project was denied on June 2, 2003 by the Planning Commission. I respectfully appeal the Planning Commission's decision to your Council. Enclosed please find a check in the amount of $350.00 for the appeal fee. If you have any questions, please call me at [619] 840-4500. Thank you for your consideration. Respectfully, arvey, nal Manager NAT oNAL CITY Pr .A NNING fRPA Looking toward project site from Marina Way Railroad tracks on property adjacent to the east of the site Project site from the northeast corner of Harrison Avenue and Bay Marina Drive City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Description: The proposed project involves the improvement of 1.21 acres for use as a ready mix concrete distribution facility. Physical site improvements consist of the construction of a 35 foot tall, 2,700 square foot aggregate materials storage building, aproximately 28,000 square feet of paving, over 2,000 square feet of drying ponds and wash out pits, and landscaping. Additionally, a batch plant with two 59 foot tall cement silos will be placed on -site. Operation of the facility will involve the daily distribution of roughly 340 to 515 cubic yards of concrete. Approximately nine mixer trucks making 45 trips will deliver the concrete throughout the southern San Diego Region. (Case File Nos.: IS-2003-1, CDP-2003-2) Applicant: Associated Ready Mixed Concrete, Inc. Address of Project: 920 Bay Marina Drive ****************************************************************************** Project Discussion The proposed ready mix concrete distribution facility is a permitted use at the project site, which is located in industrially developed area zoned Medium Manufacturing -Coastal Zone (MM-CZ). The proposed project includes catch basins to filter out pollutants prior from site runoff, and an air quality control system to minimize the dust emissions from operation. The water quality and air quality equipment will undergo routine inspection to ensure they are functioning properly. These factors will ensure that there are no significant water or air quality impacts. Additionally, the amount of vehicular traffic will not have a significant affect on nearby streets, which are operating below capacity. Finally, operation of the facility will meet City noise standards. Therefore, the proposed project will not have a significant effect on the environment. Proposed Environmental Finding: That the proposed Negative Declaration (IS-2003-1) has been considered together with any comments received during the public review process, and that based on the whole record (including the Initial Study and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (IS-2003-1). ® Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project plans & Environmental Assessment Form Case File No.: IS-2003-1 received on: March 27, 2003 Reference Files: CDP-2003-2 Environmental Assessment Form Determined Complete by: Andrew Hoskinson, Assistant Planner Date: May 2, 2003 Initial Study completed by: Andrew Hoskinson Date: May 5, 2003 ****************************************************************************** Address of Project: 920 Bay Marina Drive, National City, CA 91950 Project Description: Environmental Setting: The proposed project involves the improvement of 1.21 acres for use as a ready mixed concrete distribution facility. Physical site improvements consist of the construction of a 35 foot tall, 2,700 square foot aggregate materials storage building, approximately 28,000 square feet of paving, over 2,000 square feet of drying ponds and wash out pits, and landscaping. Additionally, a batch plant with two 59 foot tall cement silos will be placed on -site. Operation of the facility will involve the daily distribution of roughly 340 to 515 cubic yards of concrete. Approximately nine to thirteen mixer trucks will deliver the concrete throughout the southern San Diego Region. (Applicant: Associated Ready Mixed Concrete, Inc.) The project site is an approximately 1.21 acre portion of an 18.49 acre parcel on the south side of Bay Marina Drive. A railroad spur crosses the site. Other nearby uses include a bulk cement distribution company, warehouse and distribution facility, an automobile storage lot and the Historic Railcar Plaza. The site is flat, vacant but disturbed land. There are existing juniper trees along the north property line. A 30- foot wide asphalt concrete driveway extends along the west property line from Bay Marina Drive to TXI- Riverside Cement Co. on the southern portion of the parcel. The site is fenced on the north, west and east. ® Recycled Paper i Conclusion: 1) X A Negative Declaration is proposed, since X (a) (b) There is no substantial evidence that the project may have a significant effect on the environment; or The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or, 2) An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Negative Declaration together with any comments received during the public review process and find on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. LAND USE: The project site is a flat property with no structures except a fence located on it. However, the site is not in natural condition. No demolition will be required to construct the project. The site is located in a Medium Manufacturing -Coastal Zone (MM-CZ) that permits the use. Most nearby properties are industrially developed or have railroad facilities in place to serve the industrial uses. The proposed project is in conformance with the National City General Plan and the Local Coastal Program Land Use Plan. TRAFFIC: Traffic data provided by the applicant indicates that the proposed ready mix concrete distribution facility will generate an average of 126 to 170 truck trips and 30 automobile trips a day. These projections are based on an average distribution of 340 to 515 cubic yards of ready mix concrete per day. The greatest increase in traffic will occur on Bay Marina Drive between the project site and Tidelands Avenue to the west, on Tidelands Avenue to Civic Center Drive in the north, and on Civic Center Drive to its connection to Interstate 5. Bay Marina Drive and Tidelands Avenue are classified as collector streets with a capacity of 12,000 Average Daily Trips (ADT), and Civic Center Drive is a major arterial with a capacity of 25,000 ADT. According to San Diego Association of Governments, in Average Daily Traffic Volumes 1996-2000, the volumes of traffic on the above noted roads are all well below their noted capacities. Bay Marina Drive between the project site and Tidelands Avenue has the highest traffic volume of the three roads at 8,500 ADT. Traffic generated by the project is consistent with the City of National City's Transportation and Circulation element in the General Plan. 13 Additionally, the traffic generated by the concrete batch plant will contribute minimally to the peak morning traffic flow and even less to the peak afternoon traffic flow. According to a transportation analysis report on the project area, prepared by Urban Systems Associates in 1997, the morning peak hour traffic is from 6:00-7:00 a.m. and the afternoon peak hour is from 4:00- 5:00 p.m. In the morning the traffic is mainly headed west from Interstate 5 along Bay Marina Drive, and during the afternoon peak hour the traffic is headed east on Bay Marina Drive. The project will not typically generate any additional traffic during the afternoon peak hour, and during the morning peak hour project traffic will be a maximum of 30 westbound trips. Also, the truck traffic generated by the project cannot leave the site at any greater rate than one truck every two and a half minutes, as it is limited by the performance of the batch plant. Thus, the project should have little impact on the peak traffic flows in the area. Finally, the traffic generated by the project will not significantly affect recreational traffic headed to the nearby Tourist Commercial areas, since the traffic generated by the facility will not typically be headed east on Bay Marina Drive past commercial and/or residential uses. NOISE: The noise standards in the project area are elevated over those directly specified in Title 12 of the National City Municipal Code because of the existing noise environment. Specifically, the existence of truck and auto traffic, industrial uses, and rail line use in the area has established baseline standards of 64 dB(A) between 10:00 p.m. and 7:00 a.m. and 69 dB(A) between 7:00 a.m. and 10:00 p.m. for the Tourist Commercial properties east of the project site. The project's main sources of noise are the concrete batch plant, the aggregate delivery trucks, the mixer trucks, and the conveyor belts. The highest noise levels will be generated between 6:00 and 7:00 a.m. Noise will be sporadic throughout the rest of the day. During the busy first hour of operation each day there will be three mixer trucks warming up and one being loaded for a total time of 30 minutes. The resulting average hourly noise at the northern and western property boundaries wilFbe 78 dB(A) or less, which is under the 80 dB(A) limit set by the National City Municipal Code for Heavy Industrial zones west of Interstate 5. The proposed 2,700 square foot, 35 foot tall concrete block building and a 10 foot tall noise reduction wall adjacent the east side of the batch plant will reduce project noise before it reaches commercial properties over 360 feet to the east. Project hourly noise levels will be reduced to 59 dB(A), below the maximum noise limits, 64 dB(A), for the CT zone. Thus, the project will not have a significant effect on any nearby noise receptors. Despite not exceeding noise standards the back-up alarms on the trucks could be intrusive at off - site receivers, since the sound they make is not readily masked by background noise. However, the site has been designed with a drive through truck wash rack and hopper to minimize the number of times the trucks must back-up. The 13 to 15 mixer trucks will primarily need to back- up only at the end of the workday to use the washout pits; however, it is possible that they can also use the washout pits by just pulling along side them. Given the small number of trucks operating on -site and the minimal number of times they will need to back-up, the noise from the back-up alarms will not have a significant effect on off -site noise receptors. WATER QUALITY: All runoff from the project site will be directed either to a 12 foot by 20 catch basin on the north end of the site or to one of three 12 foot by 36 foot wash out pits/catch basins on the south end of the site. There is also a 24 foot by 36 foot drying pond adjacent the wash out pits. Prior to entering City streets the trucks will be washed at the wash rack adjacent to the catch basin at the north end of the site. The water used to wash the equipment and trucks will be collected and recycled, and the concrete residue will be collected and transported off -site for disposal. Additionally, all materials stored on -site will be stored in fully enclosed structures with impervious floors. Permanent berms will be constructed around the storage structures. Vehicle maintenance, except for minor repairs, and fueling will take place off -site. Finally, if approved, the project will be required to meet all National City NPDES regulations beginning with the implementation of a grading plan. The project will not have a significant effect on water quality in the area, since these appropriate measures will be taken to prevent runoff and pollutants from entering the City's stormwater system and coastal waters. AIR QUALITY: The project will incorporate a number of air pollution control devices and best management practices. The concrete batch plant includes an air pollution control system, which partly consists of baghouses that prevent dust emissions during transfer of materials. All cement will be off loaded from the trucks to the storage silos via a pneumatic system, also designed to prevent dust emissions. The air pollution control system equipment will be inspected regularly to ensure that it is in proper working order. Additionally, the applicant will provide access to the facility and all equipment for Air Pollution Control District inspectors. In order to further reduce dust emissions, the site will be paved and all trucks will be washed to remove any dust/contaminants prior leaving the site. Finally, the applicant will apply for the necessary Air Pollution Control District permits to construct and operate the facility. Project traffic is not anticipated to impact air quality. It is consistent with the approved General Plan; therefore the goals and objectives of the current Regional Air Quality Strategy (RAQS) ensure that the air emissions of the traffic generated by this project have already been accounted for in the RAQS. The project as a whole will not have a significant effect on air quality, because. of the implementation of the measures and use of the equipment mentioned above. BIOLOGICAL RESOURCES: The project site has no value as habitat for threatened or endangered animals or plants, since there is no vegetation or natural habitat, and since it is surrounded by developed properties. The project site is over 750 feet to the northwest of Paradise Marsh, a National Wildlife Refuge. At this distance it is an unlikely location for predatory birds to hunt from. Thus, the project will not have a significant effect on biological resources. AESTHETICS: Two 59-foot tall cement silos, conveyor belts, and a 35-foot tall building will give the project an unusual vertical profile. However, it will not be out of place considering the existing development in the area, which includes a bulk cement distribution facility with two 85-foot tall silos a few hundred feet south on the same property. Also, the building's appearance is enhanced by a unique use of concrete panels and steel columns. Additionally, landscaping will enhance the project's appearance and reduce the bulk of the proposed development. Finally, the project will not have a significant effect on the visual aesthetics in the area, since the site is surrounded by industrial development, and rail facilities serving that development. SCENIC VIEWS: There are no scenic views from the project site. The only views are of railroad equipment to the west, and industrial development to the south, east and west. Additionally, the project does not block any existing views of the bay from nearby properties. However, the 59-foot tall cement silos will be visible from some elevated areas of the City east of the site. Again, they will be much shorter than the existing 85-foot tall silos south of the site. Therefore, the proposed development will not have a significant effect on scenic views. SOLAR ACCESS: The proposed development is located near the center of the approximately 165 foot wide project site, and despite a maximum height of almost 60 feet will not affect the solar access opportunities of adjacent development, since the closest development is over 200 feet to the west. HAZARDOUS MATERIALS: The operation of the ready mixed concrete distribution facility does not involve the handling of hazardous materials that are toxic, unstable, flammable or explosive. The materials handled, mainly cement, coal fly ash, and cement dispersing agents pose only minimal risk to those handling them, if handled incorrectly. Standard handling procedures designed to minimize the risk of injury from working with the materials will be practiced. Additionally, the necessary first aid treatment equipment and elements will be present on the site in case of accident. REFERENCES: • Transportation Analysis for the 24th Street Widening and Harrison Avenue Extension Projects in National City, by Urban Systems Associates, Inc. • National City General Plan • • National City Local Coastal Program • National City Municipal Code: Title 12 Noise Control and Title 18 Zoning • National City Transportation Study • Comments from National City Engineering Department • Associated Ready Mixed Concrete, Inc. Environmental Assessment Form and Addendum to Associated Ready Mixed Concrete, Inc. Applications CDP-2003-2 and IS-2003-1 • Noise Technical Study, Associated Ready Mixed Concrete Plant, prepared by Giroux & Associates The City of National City, California ENVIRONMENTAL ASSESSMENT FORM NOTICE This information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT GENERAL INFORMATION Planning Department File No(s).: (Please Print of Type) Type of Permit Required COASTAL DEVELOPMENT Date 27 MARCH 2003 Name and Address of Permit Applicant TXI-ASSOCIATED READY MIXED 4621 TEI I FR AVE., STE. 130; NEWPORT BEACH, CA 92660 Name and Address of Property Owner BURLINGTON NORTHERN SANTE FE R.R. 740 E. CARNEIGIE DR; SAN BERNARDINO, CA 92408-3571 Name and Address of Person Who Prepared the Plan(s) MARTINEZ+CUTRI, A.I.A. Date of Preparation Legal Description of the Project Site PORTIONS OF TERMINAL GROUNDS, Site Address 920 BAY MARINA DR.; NATIONAL For Residential: No. of Dwelling Units N/A For Commercial: Type of Building N/A Square Footage N/A For Industrial: Type of Building WOOD FRAME/STUCCO AND CONCRETE TILT -UP Square Footage 3,580 S.F., COMBINED Other: Type of Building Square Footage 2 3/28/97 CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT (General Instructions) The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. B. ASSESSMENT OF ENVIRONMENTAL IMPACT You will be asked to respond to a series of yes/no questions. A "yes" answer will mean the project could have significant environmental effects. These answers will be reviewed by the Environmental Impact Committee to determine whether an Environmental Impact Report will be required. C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and submit additional information to determine whether an ER is required for the project. If required information is not submitted within four (4) months from receipt of written notification by the Planning Department, or an extended period of time acceptable to staff, the application and project shall be considered withdrawn. E. CERTIFICATION You will be asked to certify the truth and accuracy of your statements. 3 3/28/97 ENVIRONMENTAL ASSESSMENT (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. IT IS PROPOSED TO ERECT A READY MIXED CONCRETE DISTRIBUTION FACILITY. THE MAIN FEATURES OF THE PROJECT ARE; A BATCH PLANT WITH TWO CEMENT SILOS [MAX HT: 591 AGGREGATE MATERIALS WILL BE TRUCKED INTO THE SITE AND UNLOADED OVER A DRIVE -OVER HOPPER THEN CONVEYED TO A CONC STRUCTURE VIA CONVEYOR BELT. THE AGGREGATE WILL BE CONVEYED AS NEEDED TO THE BATCH PLANT VIA DUAL CONVEYOR BELTS. THERE WILL BE A DISPATCH AND A MINOR PARTS STORAGE STRUCTURE. WASHOUT PONDS WILL BE A PART FOR THE RINSING OF TRUCKS AND THE HANDLING OF RETURNED CONCRETE - THE PONDS WILL SERVE FOR RECYCLING WATER AND MATERIAL THE RECYCLED MA EHIAL WILL BE TRANSPORTED OFF -SITE FOR FURTHER RECYCLING. THERE WILL BE APPROXIAMTELY 1.5 PASSENGER VEHICLE PARKING SPACES AND APPROXIMATELY 17 TRUCK PARKING SPACES. EMPLOYEE PARKING WILL BE NO PROBLEM AS THEY CAN PARK IN TRUCK PARKING SPACES DURING THE WORKING HOURS, AND TRUCKS CAN OCCUPY PASSENGER SPACES DURING NON -WORKING HOURS. SUBSTANTIAL TRFFS WILL BE PLANTED TO SHIFI 11 THE SITE FROM THE NORTH AND EAST. A CONCRETE WALL AND STRUCTURE WILL ALSO SHIELD THE OPERATION. THE OPERATION WILL SUPPORT AN AVERAGE OF 343 CY/DAY WHICH WILL RESULT IN APPROX 42 TRUCK LOADS OF CONCRETE AND 21 TRUCK LOADS OF AGGREGATE, FOR A COMBINED TOTAL OF 126 TRUCK TRIPS PER DAY. THE APPROXIMATE HOURS OF OPERATION WILL BE FROM 6 AM TO 4 PM. THE PROJECT SITE IS SUITABLY ZONED FOR THE OPERATION. THE SITE WILL BE PAVED WITH CONCRt1 t. FUELING AND MAINTENANCE OPERATIONS WILL BE CONDUCTED OFF -SITE. PLEASE REFER TO SUPPLEMENTS FOR ADDITIONAL INFORMATION 2. Describe the environmental setting, including distinguishing natural and manmade characteristics. The discussion should be of the site without (before) the project and include the immediate areas surrounding the site. THE SITE IS APPROX. 52,640 S.F. OF AN 18.49 ACRE PARCEL OWNED BY BNSF RR. THE SITE IS PRESENTLY VACANT, A RAIL SPUR TRAVERSES THE SITE AT THE S`LY HALF. A 30' WIDE ASPHALT DRIVEWAY CROSSES THE SITE IN A NORTH -SOUTH DIRECTION; IT IS LOCA I Eli ON THE W'LY SIDE OF THE SITE. THE DRIVEWAY SERVICES A BLUK CEMENT DISTRIBUTING FACILITY. THE SITE IS RELATIVELY FIAT WITH NO APPARENT DRAINAGE PROBLEMS. IT FRONTS ON BAY MARINA WAY, AN EIGHTY FT RNY FOUR LANE MAIN DRIVE. TO THE NORTH [ACROSS BAY MARINA DR) THERE ARE INDUSTRIAL DISTRIBUTING FACILITIES; TO Ti-IE SOUTH AND ON A PORTION OF THE 18 ACRE PARCEL IS A BULK CEMENT DISTRIBUTING FACILITY; TO THE WEST AND ADJACET TO THE SITE IS A STORAGE PARKING LOT FOR NEW CARS AND A COUNTY AGENCY OPERATIONS FACILITY. TO THE EAST AND ADJACENT TO THE SITE ARE A SERIES OF RAILWAYS. HARRISON AVE IS APPROXIMATELY 200 FT EASTERLY OF THE SITE. ACROSS HARRISON AVE AND APPROXIMATELY 300 FT EAS I ENLY OF THE SITE IS THE RECENTLY CONSTRUCTED RAILWAY MUSEUM. 4 3/28/97 ENVIRONMENTAL ASSESSMENT (continued) B. Assessment of Environmental Impact Answer the following questions by placing a check in the appropriate space in Column A. Specific Questions 1. Does the project significantly change the present use of the project area? (The project area includes the immediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conservation of any natural or scenic resources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change existing features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to increase flooding? 8, Will the project increase the possibility of erosion or sedimentation? 9. Does the project involve any geological hazards? 10. Will the project increase the possibility of earth slippage. 11. Will the project contribute adversely to the quality of air? Column A Yes Maybe No X X X X X X X X X 5 X X Column B Staff Analysis Yes Maybe No 3/28/97 12. Will the project affect the use of existing or proposed recreational areas? 13. Will the project affect areas of historic, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the understanding and enjoyment of the site itself.) 14. Will the project accelerate the development of adjoining non -urban areas? (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) 15. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples include but are not limited to: Changes in traffic patterns Effects on access within the community to commercial establishments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the project in opposition to the City's existing plans, programs, and policies? Column A Yes Maybe No X X X X X X 6 X • Column B Staff Analysis Yes Maybe No 3/28/97 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? 21. Will the project significantly change the average population density of the community? 22. Will the project alter the lifestyle of the community? 23. Will the project result in overcrowding, a lack of privacy for adjoining development within the community? 24. Will the project alter or eliminate views? 25. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 24. Will the project affect existing transportation systems? 29. Will the project affect existing utility networks? 30. Will the project affect the existing community facilities or City services? 31. Does the project involve the demolition or removal of existing improvements? Column A Yes Maybe No 32. Does the project alter or improve the employment base of the community? X 7 X X X X X X X X X X Column A Column B Staff Analysis Yes Maybe No Column B Staff Analysis 3/28/97 33. Could the project significantly affect the potential use, extraction, or conservation of a scarce natural resource? (Examples include, but are not limited to: Developments which effectively preclude the extraction of the region's rock, sand, gravel or other mineral resources Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade features in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguishing characteristics not found in other area, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or conveniences.) Yes Maybe No X X 8 Yes Maybe No 3/28/97 _X_ ENVIRONMENTAL ASSESSMENT (continued) C. Statement of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section B, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach additional pages, if necessary. #32. THE PROJECT WILL EMPLOY UP TO 20 PEOPLE AND WILL GENERATE APPROXIMATELY 7.5 MILLION DOLLARS ANNUALLY. D. Additional Data 1. If there are any Army Corps of Engineers or other Governmental Agency public notices or permit numbers applicable to this project, cite them and give dates. N/A 2. Estimate the amount of grading in cubic yards. LESS THAN 200 CY 3. What are the maximum heights of manmade slopes, etc. LESS THAN 1 FT. E. Certification I hereby acknowledge that the above Environmental Assessment is true and accurate to the best of my knowledge. Date 27 MARCH 2003 Date 26 MARCH 2003 Signed Signed 9 f%it AP151ica ft Person Who Completed This Form City of National City rt ... NATIONAL CITY Department of Public Works -_boiNyNci 1243 National City Blvd., National Cityi, 91950 (619) 336-4580 (619) 336-4380 Fax:1°9j`b 36 438T April 22, 2003 ENGINEERING REQUIREMENTS FOR CEMENT PLANT AT 920 BAY MARINA DRIVE To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. KirkpatricK, " ssistant Director of Public Works/ Engineering Subject: CEMENT PLANT AT 920 BAY MARINA DRIVE 1. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National City Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is availaple at the Public Works/Engineering Department. 2. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 3. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inches in size with a cleanout. A sewer stamp "S' shall be provided on the curb to mark the location of the lateral. Recycled Paper Planning Department April 22, 2003 Page 2 4. The deteriorated portions of the existing street improvements (sidewalk 5 feet and driveway 10 feet) along the property frontages shall be removed and replaced. 5. A permit shall be obtained from the Public Works/Engineering Department for all improvement work within the public right-of-way, and the grading construction on private property. 6. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time of the plans are submitted. The deposit is subject to adjustment. TRAFFIC FLOW COMMENTS According to the Parra Traffic Report, dated April 3, 2003, the proposed cement plant will generate 126 trips per day which is 14 trips per hour. The trucks will be entering from the west and will be departing westward to Tideland Avenue and than north to the freeway. The proposed traffic flow will have minimal traffic impact to Bay Marina Drive and surrounding area. The Public Works/Engineering Department concurs With the report, and does not have any additional comments. AL/mla cement V PL i Memo To: Andrew Hoskinson From: Eric C Crockett CC: Paul Desrochers Date: 4/3/03 Re: CDP 2003-2- Concrete production and distribution facility Community Development Commission The CDC has been working closely with the applicant over the past several months regarding this proposal and its potential effects on the Marina Gateway development. The applicant has been responsive to the requests and concerns of the CDC and has prepared an excellent project for this industrial site. The applicant has removed the conflict of truck traffic entering the Marina Gateway District by re-routing all traffic along Tidelands Avenue to Civic Center Drive. In addition, the architecture of the proposed structure is unique and will add to the industrial character of the area. The proposed landscaping is acceptable and we would only recommend that the lower portion of the proposed structure be covered in landscaping to prevent graffiti. The applicant has prepared a responsive and well thought out project for this industrial site. 1 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org April 4, 2003` Mr. Andrew Hoskinson City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD JAMES "JIM' DOUD, CHAIR W.O.'BUD" POCKLINGTON. VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH J.S. "sic- WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Subject: WATER AVAILABILITY 920 BAY MARINA DRIVE, NATIONAL CITY CASE NO.: CDP-2003-2 (CONCRETE PRODUCTION AND DISTRIBUTION FACILITY) SWA GEN. FILE: WATER AVAILABILITY, 2003 Dear Mr. Hoskinson: This letter is in response to a Coastal Development Permit Application for the subject property within the Sweetwater Authority service area. There is a 12-3/4-inch water main located on the north side of Bay Marina Drive, and a 12-inch water main located on the east side of Harrison Avenue, adjacent to the proposed development. The Authority's records indicate that there are three water services in the project area. Enclosed is a copy of 1/4 SEC. 175 map, which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that Sweetwater Authority requires a ten -foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Andrew Hoskinson Re: 920 Bay Marina Drive CASE NO.: CDP-2003-2 April 4, 2003 Page two If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 102 p.s.i. to a minimum of 92 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 422-8395, ext. 641. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:ss enclosure: photocopy of 1/4 SEC. 175 map pc: Associated Ready Mixed Concrete 4621 Teller Avenue, Suite 130 Newport Beach, CA 92660 Mr. Don Condon National City Fire Department 333 East 16th Street National City, CA 91950 I:\engr\Gen\Water Availability\920 Bay Marina Ready mix.doc NATIONAL CITY, CALIFORNIA COASTAL DEVELOPMENT PERMIT APPLICATION 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 1. Applicants Information Applicant's Information Name Associated Ready Mixed Cone, Inc FOR DEPARTMENT USE ONLY Date Received /3''�\ L 1 '3 �c`� Received By VW1 Assigned to: Case File Number (s) C—2acy3— a Is- 3_I Filing Fee $ i 7OO Receipt No. E.A.F. Required Y6S Fee $ 3$p Reviewing Body: Planning Department Planning Commission City Council Appealable to Coastal Commission? YES NO All items marked with * to be verified by staff Name Agent's Information Address4621 Teller Ave. Ste. 130 Address Newport Beach, Ca 92660 Phone [7601-510-9424 Signature FAX Date 3 Coastal Development Permit Application Revised December, 1997 Page 1 of 4 Phone ignature FAX NO. - Date Agent's Authorization See Attached I , hereby authorize to act as my agent and to bind me in all matters concerning this application. Signature of Applicant Date 3. Property Owner(s)* See Attached Present owner(s) of all property included in this application MUST SIGN HERE: (attach extra sheets if necessary) I (we) the undersigned declare that I (we) am (are) the PROPERTY OWNER(s) and hereby authorize the below signed applicant to act as my (our) agent for the submittal of necessary application materials. Signature of Owner(s) Signature of Owner(s) Name Name A'4dress Address Phone Phone Signature Signature Date Date 4. Project Location Address 920 Bay Manna Blvd (between Halley and Tidelands Assessor's Parcel Number(s)* 559-160-14 Lot area (square feet) 52,641 S.F. Existing use VACANT Adjacent uses INDUSTRIAL Zoning* LCP (Land Use Plan) Designation* stal Development Permit Application ,'iced December, 1997 Page 2 of 4 5. Project Description Name of Project ASSOCIATED READY MIXED CONCRt t t AT NATIONAL CITY Describe development proposal, including incidental improvements (i.e., street improvements, utilities, etc.): iT IS PROPOSED TO INSTALL A READY MIXED CONCRETE DISTRIBUTION FACILITY. THE AGGREGATE MATERIALS WILL BE IMPORTED BY TRUCK ]. THE CEMENT WILL BE IMPORTED BY RAIL ASIDE FROM THE BATRCH PLANT, AN AGGREGATE STORAGE STRUCTURE, A DISPATCH, A SMALL MISC PARTS STRUCTURE, A DRIVEOVER HOPPER, WASHOUT PITS [WHICH WILL SERVE AS WATER RECYCLE PONDS AND WASTE Rt 1ENTION - WHICH WILL BE TRANSPORTED OFF -SITE] AND MISCELLANEOUS CONVEYORS WILL BE A PART OF THE DEVELOPMENT. THE BATCH PLANT HAS TWO CEMENT SILOS WHICH WILL HAVE AN APPROXIMATE HT OF 59'. THERE WILL BE 1 HANDICAP PARKING SPACE, 15 PASSENGER VEHICLE SPACES AND APPROXIMATELY 17 TRUCK PARKING SPACES. HOURS OF OPERATION WILL VARY, BUT NORMALLY ARE BETWEEN 6:00 AM AND 4 PM [10 HOURS]. VISUAL SCREENS AND LANDSCAPING WILL BE PROVIDED; PLEASE REFER TO PLANS. If land division, state number of proposed parcels, parcel sizes, etc.: N/A Project height_ 59 FT. MAX Building coverage Parking (no. of spaces)15 PASS/17 TRUCK Grading required? MINIMAI 3,580 +/- sq.ft. Paving coverage 28,934 sq.ft. (if yes, attach details and plans) Diking, dredging, or filling of open coastal waters of wetlands? NC)NF (if yes, attach details) . 6. Attachments Proof of applicant's legal interest in the property. Project plans, folded to 81/2" x 11", including site plans, floor plans, elevations, grading and drainage plans, and landscaping plans. (20 sets of project plans are required for coastal development permits that involve Planning Commission action. For permits requiring only Planning Department approval, 4 sets are required). Detailed description (if any, from No. 5 above). Coastal Development Permit Application Revised December, 1997 Page 3 of 4 7. Certification L JACQUE HARVEY hereby declare that the foregoing is, to the best of my knowledge, true and correct and understand that failure to provide truthful and accurate information necessary to process this permit application, or to provide notice as required, may result in delay in processing the application or may constitute grounds for revocation of the permit requested herein. pf Applicant Coastal Development Permit Application Revised December, 1997 Page 4 of 4 BNSF Manager Industrial Development Mr. Jacque Harvey 4621 Teller Ave, Suite 130 Newport Beach, California 92660 Dear Mr. Harvey, Burlington N rtnern Santa Fe 740 East Carnegie Drive San Bemarcfino, CA 92408-3571 (909) 386-4047 (909) 386.4045 FAX November 8, 2001 Burlington Northern Santa Fe Railway is the owner of certain Property located in National City, California 91950 described as: 920 Bay Marina Drive (formerly 24th St.) Assessor's Parcel No. 559-160-14. Associated Ready Mixed Concrete, Inc., located at 4621 Teller Ave Suite 130, Newport Beach, California is in the Process of locating a new facility to BNSF Railway owned property within the City of National City (referenced above). We understand that the application for a Coastal Development Permit, which the City of National City deems necessary for the construction of a new facility within our property, shall be made by the record owner or by any other person who can demonstrate a legal right, interest, or other entitlement to use the property on which the development is to be located. As the owner of the above referenced property, we hereby authorize Associated Ready Mixed Concrete, to submit all necessary application materials required for the development of this property. Should a Coastal Development Permit be granted, Associated Ready Mixed Concrete is further authorized to seek other permits necessary to complete their proposed development of their facility to the above referenced property. If there is anything I can help with or any questions, please call. Th a n/1/; Craig Wulfsber �' City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2003 ITEM TITLE CONTINUED PUBLIC HEARING - AMENDMENT TO THE COMBINED GENE 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) �cp PREPARED BY Roger Post,336-4310 DEPARTMENT Planning EXT. 3 AGENDA ITEM NO. EXPLANATION The City Council continued this hearing from the meeting of August 19; a full Council was not present at that time. The August 19 report on the proposed Amendment is attached. Council also asked that staff determine steps needed for the possible closure of 25th Street between National City Boulevard and A Avenue. The Engineering Department has addressed this matter separately. Environmental Review X N/A Exempt MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the amendment. Vote: Ayes -unanimous ATTACHMENTS ( Listed Below) Resolution No. August 19 report with noted attachments A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT [MEETING DATE August 19, 2003 1-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 Planning Post, 336-4310 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. AGENDA ITEM NO. Environmental Review _X_ N/A Exempt Financial Statement N/A ;TAFF ECG DATIG Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMEND TION The Planning Commission recommended approval of the amendment. Vote: Ayes -unanimous ATTACHMENTS I Listed BGIOW1 I Ba cground Report 4. Site Photos 2 E4nding for Approval 5. Proposed Exemption 3. Location Map 6. CDC Memo Account Resolution No. 7. Letters of opposition A -zoo (9/83) 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 COMMERCIAL USE AUTO USE LOCATION MAP 2508 A Avenue NATIONAL CITY PLANNING DRAWN: 3/26/03 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 0 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 Exempt Status: Telephone Number: (619) 336-4310 ❑ 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 Re: Redevelopment Agency opposition to the proposed General Plan Amendment to allow Housing on the West side of A Avenue. Community Development CorramiszEon NATIONAL an/ PLANNING DEPART EAfr f 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 33rd 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. 1 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 18th street south to 33'd 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 18mStreet to 33`d 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 to - 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. / L� LAW OFFICES PR (lit°CI IJ[ L: July 30, 2003 HANDOUT ITEM NO. 7 AUGUST 4, 2003 VIA OVERNIGHT MAIL City of National City Planning Dept. intent 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 JOIN L. SMAli;\ TIMOTHY). DALEY ERIC .) SIEGLER R 7860 MISSION CENTER COURT ° SEITE 100 ° SAN DIEGO, CALIFO (619) 688-1557 • FAX (619) 688-1558 Website: smaha-daley.com OP COUNSEL - IERANO & PERAAO WILAL ',At CORPCRATIA 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.. Re ,+ect'' lly submitted, John L.. i aha Attorne l or Dolores Ilko SMAHA & DALEY JLS/bmc cc: Dolores Ilko 1V liko 292-national city letter' wpd \ 4. PC Reso. 24-2003 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2003 4 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING — APPEAL OF 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 BY Roger Post336-4310 DEPARTMENT Planning EXT. EXPLANATION The Planning Commission denied this proposal at their July 7, 2003 meeting. The applicant appealed that action. Attached is a background report; also attached is a project timeline which Council specifically requested. Environmental Review N/A mIS Categorical Exemption_ Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION 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. Background report 5. Appeal Letter 2. Timeline 6. Location Map 9. Dept. comments 10. Fire Dept. report 3. Recommended findings/conditions 7. Site Photos 11. Building Stop Work Order 8. Notice of Exemption 12. Letter from Planning Dept. Resolution No. 13. Letters from property owner 14. Letters & petition in opposition 15. Application with support letters 16. Applicant's plans A-200 (Rev. 7/03) The project site is on the east side of National City Boulevard between 4th and 5th Streets, in the Medium Commercial (CM) zone. It consists of a roughly 5,800 square foot parcel, with an older, one-story building occupying the entire lot. There is no on -site parking. The block building has a glass storefront and a mansard roof section on the side facing the street. The building was formerly occupied by Jayzcoco Rustic Furniture. A used car lot is located immediately south of the building and an auto repair business is to the east across the alley; both are in Medium Commercial (CM) zones. Furniture sales businesses are located across National City Boulevard to the west in the General Commercial (CG) zone. To the north is Mickey's Complete Auto Repair, zoned CM, with an on -site parking area for about 10-12 cars. In 1998, a Conditional Use Permit was approved to allow a church to occupy the Bay Theater, northwest of the project site at 330 National City Boulevard. Although there is some on -site parking at the rear of the building (about 12 spaces), complaints have been received in the past regarding parking problems in the area when the church holds services. Community of Praise Baptist Church requests approval to occupy the front half (roughly 3,100 square feet) of the building. Included is a 900 square foot worship area, with the remainder divided into offices, a lounge area, and storage. Church services and Sunday school are proposed each Sunday from 9:30 a.m. to 1:00 p.m.; a second service would be offered later in the day, from 6:00 p.m. to 8:00 p.m. Between 25 and 50 people are expected to attend each service. A band will perform during the services, using a piano, organ and drums. Bible study, with about 6-12 people is proposed on Wednesday nights from 7:00 p.m. to 9:00 p.m. Weekday operations will consist of office use only with 2-3 people at the site. A variance is requested since there is no on -site parking available for the use. The Land Use Code would require an additional 13 on -site parking spaces for the church use. In order to justify the variance it must be determined that it will not result in a special privilege for the applicant, and that a unique situation exists to justify it. Justification may be found in the fact that most nearby businesses provide little or no on -site parking, including the previously mentioned church operating just north of the project site. In addition, church services are limited to Sundays when many of the adjacent businesses will also be closed. Staff has verified that verbal permission has been granted for church members to use the small parking lot abutting the church to the north for parking during Sunday services. The auto repair business at the site is currently closed on Sundays. Between 10 and 12 cars could park in this area, although it is possible some vehicles under repair may be stored here over the weekend. In the absence of a written agreement, this cannot be counted as required parking, however. Staff has conducted several Sunday inspections of the church and has not identified a current parking problem. As the church grows, this is likely to change. Its difficult to see how the church could function long term with no off-street parking. Noise from the use is not expected to be an issue since nearby uses are mostly commercial. The nearest residence is approximately 100 feet away; there are no windows or doors on the church building area, which face resilences. Community Development Commission comments state that the church may cause parking problems and may conflict with future plans for revitalization of this area of downtown. Specifically, the recently approved Education Village project, sidewalk widening and streetscape improvements along National City Boulevard, and the recent rezoning of a large portion of the western side of National City Boulevard from CT (Tourist Commercial) to CG (General Commercial), may encourage a more retail oriented and pedestrian friendly atmosphere in this area in the future. Another church use, which lacks daily retail activity, could detract from this goal. It is likely however, that church patrons would visit nearby retail businesses, especially restaurants. The Fire Department indicates that the maximum occupancy for the church will be 49 persons; the applicant is in agreement with this condition (attached) and notes that currently they only have around 50 members total. In addition, the Fire Department requires building plans to be submitted showing a second front door installed as shown on the applicant's plans. Another condition requires improvements to the exterior of the building, including new window coverings, new paint, as well as new shingles on the mansard section. Removal of some existing signage and repair of the existing church sign (which is slightly damaged) is also required. A condition requiring one of the nearby street spaces to be converted to a handicapped space is also included to comply with attached Building Department comments. Council has asked for a timeline for this project, it has been included in this report. It indicates that the church has been operating without a CUP since at least last March. When informed they were in violation, they applied for the CUP. Staff stated to them in a letter dated March 28, 2003 (attached) that services must cease pending action on the CUP. The same message was given to them verbally several times. The church did not comply with this direction. Legal action was not taken since it has been the practice in similar situations to await a final determination on the CUP before doing so. Due to the lack of parking, this has been a difficult space to lease. Staff has previously informed the property owners that certain uses, such as auto sales, could not be approved. Ownership of the property changed hands after this CUP was submitted. At the Planning Commission hearing nine people, many of them associated with the church spoke in favor of the proposal. Six, mostly nearby business owners, spoke in opposition. Commissioners expressed concern over the lack of parking and questioned the need for another non -retail use in the downtown area. The City Council could alternatively consider approval of the proposal with a sunset clause. This would limiting approval to a few years and allow for reconsideration of this use when redevelopment in this area is more likely to be underway. Project Timeline March 3 Building Inspector discovers construction underway and use of building as a church. Issues a "Stop Work, do not occupy" order. March 21 Planning and Fire Departments advised of church's presence. Attempted contact by Fire Department. March 28 Planning notifies church of CUP requirement. April 8 CUP application submitted. April 14 Church contact Fire Department May 2 Letter to church from Planning, directs them to cease holding services. Additional information requested. May 4 Sunday inspection by code Conformance Officer, verifies activity in building. May 6 Property sold. May 9 Inspection by Fire Department May 18 Sunday inspection by Planning. Church service underway, Planning Director clarifies with Rev. Williams previous direction to cease holding services. June 6 Revised plans submitted. July 7 Planning Commission hearing. Application denied. July 21 Planning Commission resolution adopted. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the roughly 3,100 square foot portion of the building, including a 900 square foot assembly area proposed for use by the church, is large enough to accommodate the maximum occupancy of 49 persons proposed at any one time. 2. That the site for the proposed use is adequate in size and shape, since 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 National City Boulevard, an arterial street designed to handle a high volume of traffic and currently operating well below capacity, and since occupancy limits on the church use limit the amount of vehicle trips to and from the site at any one time. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since congregation times will be limited to those times when most adjacent businesses are closed, and there are no homes close enough to be affected by possible noise from the use. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since approval of the church will allow its members a convenient new location for worship. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since most properties in the area have no on -site parking, and a nearby large church has only a few spaces. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the church intends to utilize adjacent off-street parking, and since conditions of approval limit church service times and the number of occupants and will lessen any possible parking problems from the use. 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 church is permitted in the CM zone with a Conditional Use Permit. RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes a church at 421 National City Boulevard, with a variance to allow the use without required on -site parking. 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-2003-10/Z-2003-5, dated 6/6/2003. 2. Building plans shall note the west elevation will be improved, including new paint and the installation of awnings or other accenting over the building entrances and windows. Existing signage shall be removed and new signage for the church shall be repaired as needed. 3. Church services and Sunday school may be held Sundays, or on weekdays after 6 p.m. 4. No more than 49 people shall be permitted in the church at any one time. 5. As required by the Fire Department, prior to occupancy the applicant shall obtain a building permit to install a second entrance/exit to the church as shown on the approved plans, exhibit A -Revised, dated 6/6/2003. This shall be the primary entrance/exit for the church. 6. 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. 7. One handicapped parking space shall be provided in accordance with the requirements of the Building Department, on National City Boulevard at the closest place available. 8. An encroachment permit is needed from the Engineering Department for all work in the public right of way. 9. Before this Conditional Use Permit and Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 10. 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. 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 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 CityPlanning Department on or before 5:00 p.m., July7`t', 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 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 granted to an individual or group that has or is not granted to others. This privilege has 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 \e e A` o` oe cne CO e e \ e \ 0 ee Ge 0 e e e e e e e e e e e e e e 333 e ee e e e e e e ee e e e e e e o Qt` ee e e OG ee ^ e e e e PROPOSED CHURCH LOCATION ZONE BOUNDARY 0 N A LOCATION MAP Conditional Use P rmit for a church at 421 National City Boulevard CU P-2003-10/Z-2003-5 NATIONAL CITY PLANNING DRN DATE: 6/13/2003 INITIAL HEARING: 7/7/2003 SITE PHOTOS Proposed church looking east across National City Boulevard Church site with proposed parking area on left in front of auto repair business 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-2003-10/Z-2003-5 Project Location: 421 National City Boulevard Contact Person: Charley Marchesano Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a church at 421 National City Boulevard, with a variance for less than required parking. Applicant: Reverend E. M. Williams Telephone Number: (619) 477-1753 421 National City Blvd. National City, CA 91950 Exempt Status: ❑ Statutory Exemption. ® Categorical Exemption, Class 1,15301 (Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project involves the use of a roughly 3,100 square foot square foot portion of an existing building as a church. Approval of the new use will not result in any expansion of the existing facilities. Date: Charley Marchesano Assistant Planner Recycled Paper City of National City Building and Safety Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4210 Fax: 619-336-4217 June 17, 2003 TO: Planning Department FROM: Kathleen Trees Building & Safety Department SUBJECT: CUP 2003-10 421 National City Blvd. 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. Specifically, handicapped parking is required. MEMORANDUM Community Development Commission National City April 15, 2003 To: Roger Post, Planning Director Via: Charley Marchesano, Assistant Plann From: Paul Desrochers, Executive Direct() Subject: Case File No.CUP-2003-10/Z-2003-5 421 National City Blvd. There has been a problem with the Bay Theater's use as a Church on weekends and evenings. Since the subject property is within the immediate vicinity of the Bay Theater it is conceivable that another parking problem will be created if the CUP is approved. The proposed use of the building as a church will not contribute to the active retail area that is envisioned. Within the next two years, the new street improvements will be completed along National City Blvd. to Division Street. The limited use of the subject building to several hours a week is not consistent with active uses that are promulgated by the new streetscape. If, however, the CUP and zoning is approved, the applicant should be required to provide quality enhancing window coverings and signs to improve the appearance of the building as reviewed by the Planning Department. It is for these reasons that the Community Development Commission Staff opposes CUP 2003-10 / Z-2003-5. CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 STAFF REPORT DATE: August 26, 2003 TO: Don Condon, Acting Fire Chief FROM: Jeff Burriss, Deputy Fire Marshal SUBJECT:421 National City Blvd. History: Approximately in early 2003 Fire Inspector Robert Drew mentioned to me that the furniture store, Jayzco, at 421 National City Blvd. was now a church. I did not recall seeing plans for a church at that location. On March 21, 2003 I received a phone call from Frank Virden of the Building & Safety Dept. regarding a church at the above address. I drove by to see for myself and left my business card with a note for someone to call the fire dept. for an inspection. . On Monday, April 14, 2003 a Pastor Williams called me seeking advice as to what was necessary for him to have a church at 421 National City Blvd. I was familiar with the building, having conducted several fire safety inspections there in previous years.This had been an M (mercantile) occupancy and was now being proposed as a change to an A (assembly) occupancy. I gave the pastor all the advice I could including getting a contractor and submitting plans to the city. The pastor told me the church was to be used primarily as an office for the church. At 9:00 AM, Friday, May 9, 2003 at the pastor's request, I met him at 421 National City Blvd. Findings: Upon entering the building I saw several rows of pews, a lecturn, a band area, and an office/eating area. The only viable door to the building was the main double doors through which we had entered. A rear exit to the alley was not sufficient for use as an emergency exit. Also, someone built a wall just inside the front door, effectively blocking the exit. I told the pastor the wall had to be removed and a second doorway had to be installed for the building to meet fire code requirements. He assured me that none of that was a problem. I gave the pastor an "Occupancy Load" sign to be posted for 49 people. On Thursday, June 12, 2003 I received a set of plans from the Planning Dept. for the church showing a new door on the west wall just south of the main double doors. The plans were what the pastor and I discussed and I approved them as submitted. I was never called back for a final inspection. At some point in July, 2003 a Business License Application was presented for approval to us. By simply driving by the church it was obvious the new door had not been installed. Exiting was still the issue. The application was denied and returned to the Finance Dept. Recommendation: Until a second approved exit is installed and the wall in front of the main door is removed, this building cannot be considered for an occupancy classification change. If it is to be a church it has to be compliant with the CA Fire Code. N6" J v toy l27 Z10 Date: , 2003 To: Planning Dept. From: Jeff Burriss, Deputy Fire Marshal Subject: 421 National City Blvd. Proposed Church After reviewing the plans and having inspected the subject building on several occasions, thefire department has one glaring problem with the use of this building as a church. There is only one viable exit, the front door. When this was an M (mercantile) occupancy, one door was fine. Now it is proposed to be an A (assembly) occupancy. In an emergency, when the 35 —50 proposed parishioners cannot get out through the front door, there is only one other door out the rear of the building leading to an alley. The problem is the steep incline of a stairway leading to a passageway to that door. There are simply too many obstacles to navigate by panicked people in an emergency. This building was not designed for the proposed purpose. If another floor plan could be configured providing another workable exit, the fire department would reconsider the occupancy change. Date: August 26, 2003 To: Planning Department From: Jeff Burriss, Deputy Fire Marshal Subject: Plans for 421 National City Blvd. The new door at the south end of the building is to be the primary entrance and exit. There are to be no more than 49 people in the Church at any one time. City of National City, California BUILDING DEPARTMENT CORRECTION NOTICE BUILDING 0 ELECTRICAL D PLUMBING 0 Job located at MECHANICAL ,Bv Kivntp\bka_ I have this day inspected this structure and these premises and have found the following violations of City and/or State laws governing same: 1)N vvNv\i- A o k You are here y notified t t\no Stk sal the above violations are corrected. When coriections have been made, c 11 for r inspection at 336-4210. Date D lfg.:.1grgoagggig.0701.40...ggog4 gg-g.gtgegg 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 departments 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 Depaitment 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 Ate, 11.6,V1 AVIV Aut.(02m3 —TAAL --qpaktkulu W-f-Ast hexer tasi Actuutzzsz fassr Stsmo. pt-eltov5 Lerffe. roz. Not Autuatiat, \141,u-tikeks 4z.1 tihrfolita-crty buip ASEMISSIot gart A atkitoil. AtLoW 143...011LUMA.5 i°msg. Pr CAJCLA 42.1 1011101.41-43 ty BoiD• K. of MI 14$74 REA6C... CALL. -11-(14c. rtc) V49 CAI 3oz 31(4, THE SHOE GA1,T,E 790 PALOMAR ST. CHULA VISTA CA 91911 (619) 423 2613 ■��illkw•Illy • dilly •Allw■/kw■•mir■�Uillivr•�■ �/1� d� RM1t141V `$' Cary COJAC1L CX AKIAos1ta. C11-1 FLkASr. No -re. - F FvU-' M- 11 E- (RP -EAT ONANa OF �>}E P,vt,..1)1M) RT 42_1 NATioto,1 Ctl &VD. t or -t W1uL Nvi' s1Ua tpRa-.NoQ.K_ Rile- 14E cowor Ur. ? T roe. g1hw>Nt, 'ro 5E t ?5 P yijikst REV r1 4AVliJ% . t41 ,VA1klowts \1(Ncticre rt1 801 U 1v16 1N1a1 c-11, 141,6 gef.A vim➢ As Ca-ivvt.>\ rot -1 E FAsj r ownNs \Ai ill Na ? 1T 45-1 V't `fzi itC. ELO, 6s? 3oz 31U0 THE SHOE GALLERY 790 PALOMAR ST. CHULA VISTA CA 91911 (619) 423 2613 wgilliw "paw 0/kw milli,. wavy Pi-Ak oku•C /C1-(1 CaJn1c.1L M1 tkh -mt.) �v s owm� OF -cam B\)‘i�ia>, ITT 42\ Nf WAR- C\C1 W1b, NEQ you?, \-\c�? NaA'\av Yt\E C iJ�Z�E�.1T PSr\TD� \i NC.pcm. My BU1� l iIA Li . 1 A Lr;IN5L- (3?Eq..P.--C\ i, is\ Ct\v?CA J i- \ *0 ?Ee..\V\1 T \tt11 i C1\ ay?, `IS y3Ui�� tJ ®tJ -1- ALSO Irkk l - Nsr.. tb \:4\14\ i= . M . vet i 1 L_.10.N\5 -176E JUS i l.Z.. MAk� OTi�i =z Ns c 1 s OF -ram ps \AHmc.\ \(E N.o-r. H 5 Pur4(-) My Lsz OULLD‘C -51-V v> FAiVMkis O LE 4\5 If�Vr f! LIST Or SSSvi-s 2F yOJ GONTAcr ©UfL oci t ua -16 -MIS M0.iiki; C-1 N.1?). i I UL-r-S '121 �. /3LO. f�19 .3o2- 3iLL Handout Item # 5 City Of National City Planning Dept. 1243 National City Blvd. National City, CA 91950 Attn: Roger Post -Director July 1, 2003 Dear Sir: NATIONAL CITY INNING DEPARTMENT A.07 ; Thank you for taking time to read this correspondence. We've owned and conducted business at this location, 404-408 National City Blvd. for the last 30 years or so and are well aware of problems that exist in a no off street parking area. Our customers averaged from 20 to 30 minutes at the most parking in the area around the store, therefore allowing other customers to park more frequently. We have always had a concern that any permanent parking for a half hour or more would jepordize our ability to function as a business. Downtown San Diego is a good example of the parking situation as it exists. Please take our thoughts into consideration when making your decision. Thank you for your patience. S' Y. Ellen R. Stewart P.O.Box 946 Bonita,CA 91908 (619)475-3777 Patti Finnegan- President Neldsrfranla Its Cams Janice Martinelli- vice President Janke Martine/ Rod feat* .=aria" BlU Kinney -Secretary nn MO soarhwerter Woo Higher Education Nick Salem -Board Member 119 esn Aaket 801 National City Blvd National City, CA 91950 619-336-1100 x649 Dear Commissioners The Downtown Business Coalition (DTBC)Is opposed to a new Church at 421 National City Blvd. and we ask that you vote "NO" on this issue. The DTBC was formed 2 years ago to establish very specific goals for Downtown National City. We meet monthly with business owners of this well defined downtown area who are concerned and committed to its revitalization. We are joined regularly by the Mayor, City Council, NCPD,CDC, the National City Chamber of Commerce and consultants hired to design general development, traffic flow, landscaping and the City Gateway as well as, "standard of living" Issues for residents and businesses. This Church Just "opened its doors" without proper permit in an area NOT zoned for their use. More importantly, they do not have sufficient parking and are already causing a huge problem for the businesses and residents and are not at full capacity. As they grow we can expect more services, meetings, staff parking etc. in the future, therefore compounding the problems. Other facts to consider: No tax revenues to the city This is the "gateway" to our city and traffic flow is a major concern here Zoning calls for General Retail Use Group 18 Conditional permits have already been broken by other churches on NC Blvd. concerning lack of parking Warnings, Stop Orders or Citations have been issued and Ignored Remodel has been done prior to approval Platforms and signs have been installed all without proper permits No business would be allowed to continue operation under these circumstances and we ask that this Church not be allowed to either. Again, we ask that you vote "NO" on this issue. Sincerely, Patti Finnegan President National City Downtown Business A. GENERAL BEAD www.genbead.com 317 National City Blvd �E-mail: genbead®sbcglobal.net Domestic FAX: 1-800-572-1302 Planning Commission of National City City of National City 1243 National City Blvd National City, CA 91950 Sirs: National City CA 91950-1110 'R 619-336-0100 International FAX: 1-619-336-0152 July 3, 2003 I am not able to attend the meeting Monday about the new church at 421 National City Blvd. I have several concerns. I do not believe there should be one set of rules for businesses and another for churches. I understand that they have opened and continued to operate without a permit after having been Informed that they need to get one. I am open on Sundays and I have seen people entering and leaving the church so I know they are operating. Any other business would have been closed Immediately by the city for behaving In this manner. I do not believe their figures that they will have 25 to 50 people attending. I don't think that you could support a church with this few people. While that may be their current attendance I don't believe that is there long term intention, This number indicates bad faith on their part and leads, me to be suspicious about any of their intentions. The parking situation now is tolerable, but it is going to be a very serious problem when the school opens. As I understand the parking plans - they are only meeting the minimums required by the State. Many of these places will be taken by the staff and public transportation, while better than most areas in the San Diego system, is not good enough to provide an alternative to driving for the 1000 or so students they expect to attend. I suspect that National City will have to ban non- resident parking on the side streets and there will be little to no parking for my customers in the future. I don't lc tow what to do about this situation, but I dont want additional stress on parking by organizations that do not meet the minimum standards that apply to everyone else. Sinc Mich . Partner .y, Keith's Restaurant July 6, 2003 PLANNING COMMISSION RE: Conditional Use Permt for Church at 437 National City Blvd Dear Planning Commissioners, I would recommend that you deny a conditional use permit for another church in this neighborhood. We have many businesses, residents and apartments without adequate parking. For several years I have had parking problems with the church that occupies the Bay View Theatre building between 3rd and 4th Streets. On rare occasions members will eat at my restaurant but usually they just fill my parking lot with their cars. I have asked the church ministers but have had no cooperation. On weekends when my parking lot is especially crucial to the well being of my business I send an employee out to watch and ask the occupants of the cars to leave when we see them heading across the street to the church. Another church at the corner of 4th and National City Blvd would aggravate this problem. Churches definitely need a lot of parking at one time and they need to find a location that will provide it like a closed grocery store or an existing church location unless the city of National City is,willing to build a parking lot for them. In new developments spaces are reserved for churches and we have many good churches that already are established in National City. We don't need to squeeze another in where the parking in inadequate. Sincerely, Mario Perez Owner Keith's Restaurant Second and National City Blvd National City CA 91950 619 477-4358 July 5, 2003 PLANNING COMMISSION AND CITY COUNCIL OF NATIONAL CITY 1 have lived at 25 West 3rd Street in National City for many years and would like to say that there is a parking problem with the Universal Church between 3rd and 4th Streets. Whenever there are services cars fill both sides of my street. People even park in front my driveway. I have to go out and ask them to move. I explain that if something happened I would not be able to drive to the hospital because my car is blocked. This church has a parking lot it doesn't use. To give a permit to another church only 2 blocks away would cause parking problems to even more residents. Donna Payne eDcs•rtyv a5 Wel, 3< Po"aivt.Q_ NATIONAL CITYAUTO TRIM INC. 15 EAST 5TH STREET NATIONAL CITY, CA. 91950 JULY 7, 2003 PLANNING COMMISSION OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA. 91950 AmiNs-j-- NEL() C /"T y24 NL 61-1/D OAAtant6A/L- TO WHOM IT MAY CONCERN: I AM WRITING TO YOU IN CONCERN OF THE PARKING ISSUES ON THE NORTH END OF NATIONAL CITY BLVD. AND THE ADJACENT SIDE STREETS. I PURCHASED NATIONAL CITYAUTO TRIM IN 1982, AND UP UNTIL RECENTLY WE WERE ABLE TO PARK IN THE ALLEY (LANTANA DR) WHICH WAS A DESIGNATED STREET. WE PARKED ON ONE SIDE OF THEALLEYAND IT RELIEVED CONGESTION ON EAST STH STREET. OVER THE YEARS THE BUSINESSES THAT USED THE ALLEY, AND PARKED IN THE ALLEY NEVER CAUSED ANY PROBLEMS. THERE IS NOT ENOUGH PARKING SPACES FOR THE PEOPLE THAT LIVE ON EAST STH. SOME HOUSES HAVE AS MANY AS FIVE TO SIX CARS. I HAVE ONE PARKING SPACE IN FRONT OF MY BUSINESS, AND IF ONE OF THE NEIGHBORS PARKS A CAR THERE, IT CAN BE UP TO A WEEK BEFORE THEY MOVE IT, WHICH MAKES IT HARD FOR MY CUSTOMERS. I TALKED TO RON $OsRRISON ABOUT THIS ISSUE WHEN IT STARTED, HE SAID THAT BECAUSE THERE WASic PROBLEM ON 15TH AND NATIONAL CITY BLVD. AND OTHER AREAS, THEY CHANGED THE PARKING SITUATION ALL OVER THE CITY, THE REASON USED WAS THAT THE FIRE DEPT. NEEDED TO. GET DOWN THE ALLEY. IF THEY HADA FIRE IN THE ALLEY, I GUARANTEE YOU THEY WOULDN'T BRING THEIR FIRE TRUCK AND PARK IT IN THE ALLEY, BECAUSE IT WOULD GET BURNT. THE WAYI FEEL IS WHY PUNISH EVERYONE FORA SELECT FEW. ENFORCE THE LAWS FOR THOSE WHO BRAKE THEM, I HAVE BEEN TALKING TO NANCYESTOLANO FROM SAN DIEGO LEATHER JACKET FACTORY SHE HAS INFORMED ME OF WHAT IS GOING ON, NEAR HER BUSINESS. I FULLYAGREE WITH HERABOUT THE PARKING PROBLEM. THE PARKING PROBLEM WILL ONLY GET WORSE WHEN THE SCHOOL OPENS, AND IF THE CHURCH GROWS, THEY WILL NEED MORE PARKING. I BELIEVE THAT THE ATTENDANCE THEY ARE CLAIMING, COULD NOT SUPPORTA CHURCH. ANOTHER THING THAT BOTHERS ME IS HOW CAN THEY OPERATE WITHOUT THE PROPER PERMITS NEEDED. I AM NOT DIRECTLY AFFECTED BY THIS PROBLEM NOW BUT I AM AFRAID IF THE PARKING SITUATION GETS WORSE, IT WILL AFFECT ME. SINCERELY, i4ovadL CINDY SEN OWNER San Diego LEATHER JACKET FACTORY 340 National City Boulevard National City CA 91950 PLANNING COMMISSION OF NATIONAL CITY City of National City 1243 National City Blvd. National City CA 91950 PLANNING COMMISSIONERS OF NATIONAL CITY RE: Conditional Use Permit for a church at 421 National City Blvd with a variance to allow less than required parking Dear Commissioners, As the owner of a new business located in the adjacent block to this location I would like to recommend that the Planning Commission vote "no" on this issue. The building at 421 is zoned Commercial General and any business in Use Group 18 would be able to get a permit and open its doors. While there is no off-street parking a business would require only a few spaces on the street for its customers and employees and would constantly be bringing new customers to our area. This would benefit my store and the other merchants. To lease this space to a church would not help revitalize our business district or give the City sales tax dollars. It may have an adverse effect on surrounding businesses. According to surveys obtained by El Central each parking space generates an average of $450.00 a day in sales to the merchants and sales tax dollars to the city. When nonprofit groups move in that hold services they use to many parking spaces and can cause other businesses to close. This particular church as stated it will only have services on Wednesdays and Sundays but the church at 330 National City Blvd has services at 10:00, 3:00 and 7:00 daily. Their volunteers park on National City Blvd for the entire day even when asked not to. And even when they signed a conditional use permit not to. This particular church has received stop orders or citations and ignored them. They have remodeled, built platforms, installed signs and held services continuously without obtaining the proper permits which would have included building and fire department safety inspections. They have refused to move from National City Blvd. when asked by businesses they parked in front of. It is better not to issue a permit in this case than to have to constantly police and enforce conditions. Sincery, Nancy Estolano Phone 61947.7-2900 email. saps.@leather.com Visit us at www.leather.com PETITION: REGARDING A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses believe that all organizations should follow the established rules. It has come to our attention that a Baptist Church has opened its doors at 437 National City Boulevard without the required Business License or Conditional Use Permit. We believe this church should not open unless it meets the existing regulations of National City including Safety and Parking and a Public Hearing. •f ki f hunch is an issue that is of concern to the neighborhood. Inc availabihty o par ng or a c j1 �' csr l N% re- rc �.� a t C ty- z+-7-7_c_tio0.-_, y,7 , ` / 6D de ��Z��`- '('O f YL� w, e`% (3et4) N e 0A- 9I.`s--r `17 7 - l 3 3 7 �� q e- c�atzo�e Ape 11)6-�C . �'/cjSD r /D 39 3 ygoc..2 ii2.<4 viq ,(44)4,,,e e("p4th< 6,10) , �,t,� e / d 6=✓,4/.0 .6/ �- iii47'' Co. 9G1a] 6ry y77- Pe 5_3 viol- �yi7-'7/9 �,/ Si-,) 0 a Ye vk �--/ .</ 7l.oh 1 / Cl f `/i1 -kl ? i o .i " u % /7 / E ' ) 2) 7 /r�;i or,,,' lf/,J f,4'47) ZS,cJ - �'3- _ ,c)rO-) ;2% e1A-- tcsy/ /(1/C- Cam 97y 5e,) [ 93tPlX 1 f' 41.7 7- 1 I , 365 sr y7 0 PLANNING COMLM1IISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. e,.r CAR Rr r'vi o -' 7/f'D ar.� f/RS'. Cily /6) y/ a_... A r el : -�, 6 -- . ‹r''fr'` �73 ' /Yt ;6<-2 eif7 c ?/9 sd f � 4/Are/ TZ J 1 ---._ I �i c- C L.� c( f • gJGr,,Is `7° .- - {�)14ZA ti. /6: A.k t fro rt ti 0 C:S Obai" 6/d 4 • liWg A r" jd ._-J (i Q) C� 5. tS33E/5/sT "°7 ' L CbCAL.,x' ryl ` , Z� S-i--- d.6 g'-1-A-A._ can a v , , (02S l P Ad 64-7'. Q CZ -T°'14 ` c/Nypls(' U/•%G Gi%" 9' G -. C'w1.L, y� , C' li/e (- ) S Y t E'/IC{ ..(of 11 c,C, t-4 ff �-N) t \ (� ��+ 64 / Q AUK' 1 ?-i 1 ouPC errs /03a v. jjt�)� T, / I i✓ .iC l� N LL C. I 1 " 1 l o c44 51- to __< rt w,° Soso 515 C. 2c 1^ 7'C N.0 _ C /1 ()P Ai, � � a deb e (Ck. IA /0 , z s ''/I ve. Itl,c _,,izt c ? v A Gl.1U Q l� T S �, C. GA �3� k o`�l-c Ce. 'N. c, CA. 1. let so - 1 Ai • c g/ 9. r7 N. C e /4# 5/0/r1./A) » a � �� sr �/sTio.w rz1. �/i-i 9/ys'n 1, , CG/if p6V ri'A 1 7 PIP / T/6 /P✓.J- c/ ry `.( cb �t ,- , 1 /` trod-C4NIPI c[ . cz / PLANNING COMMMISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. d ntat. 4' il✓L.44, J A 1 /. (4 » 9.J r) I % 0/0-01t 6 /63 rD - P - '' I EA t 5't r k. 1_ c -,e7--2.<7 11/ „Q ( ; C �! c!2,i 7/ jot'' &/ 9.1'8 c� helg5t-. t �j,�e 5.o o ief, A.vu na.3 G / - s c„,decefro/4a r' h- c °j 3; 4.E (V n -54- yak vor1 .1 ctAcl 6vt ,,r ._ - 3�.&A CC %bi-t �c' G e-f, L`©' U R.o .3/o - A 5 .6 .-4tf s )1 '+175. A 11' /4lbiro CAv\"eo vG k z.0, h36, IAc «m A hum 4$ fetnnoN� eccti`cm- 4t%ga l , , f—ta.r.r Lv 1.c t,Je I (o .,,,,(2 Ke c (c 1-e r 1 k, € e torte- (3lJN"sL1 i j l 6 / ?' sf i j ot%"u'1ze(% Cr`/1 rC 9/f , e7#f./ C/%'1'L �J Ll //y2 3 p,, �- u r- . e. N a-f i coat e izty CA � ( 1, ,-, !:n ,/1i!-rGl ,,r i hi sr/ . N ,�� U tl � (`. c f . . 0 tibit So 7 -3. 1rcj 'PC ,q)d' e , �-1'h, 5T A),--t10kl..1 ctlyc.I ,elk, 1l� , l•Qmbei re/ - '�C11/ 3a� rsS /j at t ri n �' �;? ( ( cP ir 0 '- f / 1/ c � zere (1 %J C� .fru,,/.J -73/ 66"/6)-b<s7- /az -7' 7 elf^ e,2f 5-9'9)--- • q S- pal T 4i �1 C� .� v &/20 , glr./. 1 ;V LI -h o) 1 6( ` ( t -1, PLANNING COMMMISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. • • "-Rose_ cl a C�oS ... 70 6 '7-1k ree-F- � /�� 1-41.� V m ickae g,iit. lotq 5�d f �s�J`�� Nu)''104q/ et-ty ( T/93� itIA-u-. 1310.6-- Q.. �� tVe xtiOnal �4-r cc t 0 of) /i PGit ee. Sa n,P C pi' //.SSa. Cos/ / 5-0 . 7-4t /e -o "i l Cie J r/� T.„ i/ i 6 - I fiat- /Wmic; y r q I f S� p�. � i ' Pt_ A--10 0 cd0 4 / i io n r,`/y yis"ie n ,,, C; J C4 ('fit- 412/(3 kufc t R 11,�� ,r,,�t I'�G �r�,a ZcJ W l�rta.�+-� L . r ' r,�f v�'j-.� OS r U n . n 1 yr RiiAI -P -z. v/2g A ;; N E; NA.1 i0"t21CA� CAMF1 1 c-v rg2 -c2._ i L3 L 0 Mie Ai Ill /0'44 (; i - 1I9Se7 o �. 1°31 cr 7545) [i��r 13 q C . 6 Thf 5 i . ju147loiu74Z ctTY 1 oat d_ —41t01-t "fr( Ct nc..L,z..1.3 a-_ e (3©ti' . IC{ e 4-Pi Ci` c4 - ,ice oi] Diu -,Pic Ice_Dapree1 a2/hb'S157/'IJJr, la 9 s¢,Y 4 X -/% .47a e 4 lu ar, OVA_ I ►e_ , •1- n1 U! Ce T"7- i r. (a; conca. CIc.0"s<o : 6-5�- "'ZW , « W / i e,i--- 1913 �v C )9 /1/- C•9. • A/ d C - CcL- i 19sC7 is• PLANNING COMMMISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. fOie- 431`' St- Oilxr-J- kLecO gal _ q u q i20opel tz, , mg cVO Uc ,rut\f . \ a m n I l ` 8158 atDey.- 3 s`. F refit toc,.L Cck CA. viz 4 - f attlfribdte Lt qa3 -4175 icJ5/ Hem/• � . ipi- Zmia1:/,� aet,"__. (.i_e..1.-- er? Ci- ?.6 5/6 fie C,le- el 979-j2? %■" ' '(-) Tr) 7--qcp 540 6/0e5L-2‘ \Th( t\tC\0 Q\NA.1 \ G\ f-c-L \-,), s k, \r--) cr' Q___R,--N,\ 1 s.-- q77-c1/r. c .gigs) frw ! / 7 t ea PLANNING COMMMISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. C�.10 !)CMG �G r� 637 61 u u � re 1-14. % C„� L S 3 6 �% /i) /gosek ec" , 71,t a A/7i/ —7e .� f 6 /9 k3 of D2-- 'U. G. (ov9 ?)(:t -` 9 G y . f'Avii 4'.0-Tci 1 y ',lit 0"/i G AT ` /7vi- 117,9icr iti4e-OP-l-3 ZZ (,' tzT G 5 ' i%(( Q 2 Z 47c( ,le-,-Gfe '3 / % f2tiA $ - __«- r'\- Log . f I U N c, tt C (/ / 2 CI 4 /L,u C 00 M tt f1 i(IU fee 3' 3 5" % S c 3JOIN a Va,ur A PI_ CaNaf-1u676t alp - f. - y77- v66 7 (0,,, sUQf6 t;-C4 1 a U'i 3 'lb"e�ct�Gt Nat ovtat eri ,cn o�L 147W ` JJq t(7s - 29go mow[[\\1'''''''''' ,�,�.�-' �Y//j'` 1t L1��/ 1 ` ��!��1<il �11 Y 4. Accoot,ti `` (//////(/�J r +}�" 'F \W C S � 1., ` �l cm // ` i ^� f �� u 7,_ ` C/(( SavV& prc-e ie, ?g C NAM - 1 &II. 4-77-1�6-.:, PLANNING COMMMISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. C flN, 4:2fral-/A c)y-tLie -61 4.111. 0,0 �Cr+� So % A% )9 51 Al ��tn6cra• l( B -e_S A igef-1 Pit-741'601c4le 0 5 e L c 5 kvt cLv tV/ /7", ///3 Woe- PLANNING COMMMISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. A , -i ..444 D /Ni2 5 ..:IN S;ilr ,7, rc crj-- ci 02.1 frAt i t c.-1 r v i3 -i 17/_,14m441.... S' t % S i ,V1I.+ c ck,9Q if?, A.J s, y , p x ''©.U4 r v., tR'•\ \ Q \.. k:11•X', T A Gs i-o 423-- / ay: o G' C-1 g W .,Q, 1--TkO6 0 7,4if , ---" p e r (740 6 0 aLt4" t55"S Ca�)-3D5� cgaze-7"r' iry ;c1�� d iOvid , gi,,,..70,,,,r' /t/G 4eSv S .5,,i •tJ irn-p_P,'... ,-7,jic -- 4-L/TO 72/41 PLANNING COMMMISSION OF NATION CITY PETITION: OPPOSE A CHURCH AT 437 NATIONAL CITY BOULEVARD The undersigned National City residents and businesses are opposed to opening a church at this address. /I 1/ // /1 NWaNtatmgalataaat=n=ttatattatatataVata APPLICATION for Conditional Use Permit Planned Development. Permit .. ,� Planned Unit Development Permit Mate cl.E ranks ta_.able to the City of File. „IrI lic•atiot] with the. azio5a1.. City Planing Depatnit.nt 1243 National City Boulevard National City, California 9i' 50 (619) 33o.431) LEGAL rnrC p „ r .�;..��-P.l.;. T�lt`�1� ��I' Pt�s. PROPERTY L OCAl.'HO'N between IONAL T CALIFORNIA PLEASE Do NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY C&e Number V Pee $ 100 Date Receiv-ad� %3 — to Receipt No. a i1E,4 By ALvICIgsk E.A.F R aga red Fee $ tv / A ReIattd Cases Z : 2QIJ 5 ins_. P. CONY -II ED -E R L _ ,s7 'k 7 Condiq^,orta! se/Planned De_ielapnitm I' evi,ed December, 1098 Paget of 4 rNO Di S-: s' . Ti l 1iE-_i� t..- � � 'iTa !waned Unit Jima! =p; .e:l REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development, Perrnit (Chapter 18.30) to use the above described property for the. following purposes: C.A.)i "Al) C.,61\r‘lA Fr %IrY\C4If‘ C.-tOrk_DC ( /SE) PROPERTY OWNER(S) Of all property incladed in this application: (Attached extra sheets if necessary). Name: (A I 4- 1,1 Name: Signature Signature (Signature aeknowlolg s hat this (Signature acknowledges that this application is being filed) application is being filed) Address: 7 r"0•4-- CA. - Phone Phone No. Fax No. 411‘,415.1re, Date: - ir 6 Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Developmtnit Permit Applicatiom Revised Decernbr I 99 Page 2 of 4 APPLICANT Name: � Ef i G N7 S C uu 9 c,-) C ( g• (Please type o print) Signature: (Sig ature certifies that the information submitted with this applicatio is true and accurate to the best of the applicant's knowledge). Address: �t l Nq-h'cruc ( C(4-y Btu() 1\)c(r©r1/4X01 Ci4-7) - of (cSu Phone No. (6(q) 977- (75?-1 / 4-07-/7' Fax No. Date: 3�i3/o3 Conditional Use/Planned Development/Planned Unit Development Permit Application ` Revised December, 1998 Page 3 of 4 23. PARCEL 1: 24. IN THE CITY OF NATIONAL CITY, COUNT RECORDER SANDE(OF SAN Q GO 2s. LOTS 4 AND 5 OF R. R, MORRISON'S SUBDIVISION OF THE NORTHWEST END OF LOT 5 IN QUARTER SECTION O, STATE OF 27 CALIFORNIAF THE RANCHO I GA NAC10N, z�- CAIF, ACCORDING TO MAP NO.B, FILED IN THE OFFICE OF THE COUNTY 2a, COUNTY, SEPTEMBER 16, 1873. 26. 30 PARCEL 2: AL 31. CITY OF 33- HE.0-ACRE LOT ONE UAR OE THE WESTERLY 82.15 FEET NO. 155 OF RANCHF LOT 6 IN BLOCK 1 OF KIMBALL'S SUBDIVISION HO DE LA NACION, INTHE NO. Os FILEDNA THE 34, CI 1Q ACRE LOT St. QUARTER SECTION O 35. OFFICE OF THE COUNTY RECORDEFt OF SANID EGO COUNTY ON APRI 11, THEREOF1 35, OFF P. ALSO THAT PORTION OF SAID LOT 6 DESCRIBED AS FOLLOWS: 36. 38. NG THE NORTHERLY LINE 39- OFBEGINNING DO AT THE DISTANCE OF 53.15 FEET; THENCE SOUTHERLY PARALLEL WI HO HE EASTERLY LINE OF 41. SAID SAID LOT 6; DISTANCE b 41. LOT LOT LYING6, A3 DISTANCE OF 1ES SOUTHER Y FROM THE NORTHEASTERLY CORNER OF SAID LOT 6; THENCE HES: THENCE EASTERLY TO A POINT ON THE EASTERLY LINE OF SAID 43. LOT TLY ILO/GTHE2 EASTERLY NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 6,13.4 /2 INCHES TO THE POINT OF BEGINNING. 45. commonly known as: 421 NATIONAL CITY BLVD. , NATIONAL CITY, CA 44. 46. 47. W1:19z:60 200E 5E ueW Wa1ShS Y,Hd otuoseued : WOJd Item #5 Handout 2 July 7, 2003 To: City of National City Planning Department 1243 National City Blvd., National City, CA. 91950 ROGER G. POST — Director Re: Conditional Use Permit for Church at 421 National City Blvd., With a variance to allow less than required parking Case file # CUP-2003-10/Z-2003-5 WE the following community members support the Community of Praise Baptist Church in there efforts to establish a church in National City, located at 421 National City Blvd. WE believe there presence in our community will greatly enhance the city, especially in it's proposed location. WE believe the church will offer service that will meet the needs of our growing community. WE pray that you will approve the requested permits. &tral IN►tI4'' pow 1/rG'l1n 1 March 15th, 2003 To: City of National City, California Application for Conditional Use Permit From: Community of Praise Baptist Church Property Location - 421 National City Blvd. The above mentioned property shall be used for church administrative office and assembly meeting for a small congregation. The main use of the facility will be office administrative over 85 % of the time. The size of the congregation is approximately 35 members with attendance ranging from 25 - 50 people. We offer 2 separate assembly times on Sunday's to maintain small groups. Our meeting times are between 9:30 a.m. - 1:00 p.m. and 6:00 p.m. - 8:00 p.m. on Sunday's. Wtthave agreed with the business on the corner of 4th and National City Boulevard for the use of their parking lot. For our assembly times we use the parking lot exclusively, being that the business will be closed. For our Sunday assembly meetings there will music, which will include the use of traditional church instruments; piano, organ, and drums. We are a traditional Baptist Church affiliated with California Southern Baptist Association and Progressive District Association for over 40 years. During the weekday there will 2-3 office people between the hours of 10:00 a.m. - 2:00 p.m. On Wednesday nights there will be a small bible study group of approximately 6-12 people between the 6:00 - 8:00 p.m. Our desire is to offer a place of ministry in National City, which currently has no congregation of our association. We view ourselves as an asset and a positive influence to the development of the community. We are certain that our church will add to the beautifying of National City. Our Pastor had spent over ten years in college and seminary preparing for church leadership and planting. We are sure that his leadership will be a benefit to the community of National City. Submitted by Community of Praise Baptist Church Administration Community of Praise Baptist Church May 28`h, 2003 Attention: Charley Marchesano City of National City Planning Department 1243 National City Blvd. National City, CA. 91950 Re: Case File Nos. CUP-2003-10/Z-2003-5 The following items are in response to the additional information that you requested in letter dated May 2, 2003. Each numbered response corresponds with the three items requested. It is our prayer that all three items fulfill the necessary information. 1. We have prepared a site plan to show the remainder of the floor plan for he east of the building. The revised plan has been completed according to your specification (per our meeting on Tuesday). Please note that the church does not use the East End of the building. I have attached a letter from the owner as to the specific use. 2. We have received a verbal agreement with our neighbor immediate to our north, as noted in the application. The business owner, at this time, is not willing to sign a written agreement to be recorded with the County Recorder, although he still is willing to maintain our verbal agreement. Our building owner will attempt to receive a written agreement. We still want to request the parking variance. I have met with the Deputy Fire Marshall, which issued an occupancy maximum of 49 people (I will further discuss this in the next item). However with the occupancy maximum of 49 people this should greatly reduce the required number of parking spaces. Please be aware that we have stated that our assemblies would be under 50 people. We have schedule small assembly meetings to accommodate the limited parking. And to not conflict with the neighboring business. Weekday meeting will be changed to 7:00 p.m. All of the businesses around us close before or by 6:00 p.m. with the exception of one. On Sunday's the business to our north is closed (we will use their parking lot), the car lot to our south only opens for 3 hours (between 12:00 am - 3:00 pm), the businesses across the street are all closed except B & B Furniture which closes early afternoon. Parking will not be a problem. At any given meeting time there will be less than 10 cars driven. Several of our people live nearby and can walk to meetings. Most of the people will carpool. Again we have changed our scheduled meeting times to prevent any concern for parking problems. 3. I have met with Deputy Fire Marshal Jeff Burriss to address the concerns for the proposed assembly occupancy. The concern for emergency exits was address. Deputy Burriss has advised that an existing wall needed to be removed to allow immediate access to the existing exit. This will be sufficient for the occupancy for 49 people maximum according to Deputy Fire Marshal Jeff Burriss. Community of Praise Baptist Church; Cont. In addition to the items that you addressed the Community Development Commission of National City stated concern for parking and new street improvement. We hope that the parking concern was address above. The limited use of the building was out of our concern for the neighboring business. We certainly have community services that can be used on a daily basis to enhance the community to include a Christian Bookstore. We are working at this point on providing GED & Literacy service throughout the county of San Diego along with our organization UAAMAC. It is our desires to be consistent with the new streetscape. We are in agreement with providing quality enhancing outside improvements. We want to be apart of the city of National City improvements. Finally it is our request that public hearing will be scheduled as soon as possible. Pastor E. M. Williams, Coti nunity of Praise Baptist Church U.A.A.M.A.C. Members Christ Church of San Diego Rising Star Baptist Church Greater Victory Baptist Church Blessed Trinity Miss. Baptist Church True Faith Baptist Church St. Paul Methodist Church Bayview Baptist Church Good Shepherd Baptist Church City of Refuge C.O.G.I.C. Greater Life Baptist Church St. Stephen's C.O.G.I.C. Second Baptist Church of Oceanside Community Cornerstone Fellowship Calvary Baptist Church Community of Praise Baptist Church Greater Mt. Moriah Baptist Church Civic Organization Members Bethel Theological Seminary June 5, 2003 Mr. Charley Marchesano Assistant Planner City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Marchesano, Ministerial Action Council Church &f Community The United African American Ministerial Action Council (UAAMAC) is a collaborative of 17 small to mid -size African American faith -based organizations and churches that span San Diego County. Our mission is to build the capacity of small to mid -size churches by assisting them in becoming community constituents and reentry management partners. In an effort to reduce recidivism through the implementation of programs that provide a continuum of support services to ex - offenders, UAAMAC has spent the last five years building the capacity of its member congregations. Community of Praise Baptist Church, located in National City in the County of San Diego, is one of our member congregations. As a member of UAAMAC, it is essential to our efforts that Community of Praise Baptist Church maintain its presence in central National City. As Community of Praise is the only African American church located within the confines of National City, the success of our reentry programs is dependent on this particular church's ability to consistently interact with persons returning from the prison system to the National City community. The church's current location is ideal for this purpose as it is settled in the midst of the very issues that we are trying to address: prostitution, drugs, and violence, all which eventually lead to recidivism. This letter is written in praise of Community of Praise Baptist Church's efforts in the community to date and in support of the church remaining at its current location. If you have any questions, please feel free to contact me at (619) 264-1213. Thank you. Sincerely, gory organ xec 'ive Director 995 Gateway Center Way — Suite 230 — San Diego, CA 92102 — Phone (619) 264-1213 — Fax (619)264-1214 new Hope Friendship missionary Baptist Church 2205 Harrison Avenue P.O. Box 13489 San Diego, California 92170-3489 (619) 234-5506 - Church (619) 696-8932 - Fax Pastor ROM. E. 88031011, Sr., Senior Pastor robt@newhopefriendship.org June 4, 2003 Charlely Marchesano / Assistant Planner City of National City National City, Calfiornia Dear Charlely, This letter is to express the support of myself and the people of this congregation in the ongoing efforts of Reverend E.M. Williams and the Community of Praise Baptist Church to continue meeting needs of the community. It is my understanding that there are concerns regarding parking. However, as you weigh the benefits of having an active, vibrant and reaching ministry in the National City community, I am sure that it will greatly outweigh any concerns. I have known Pastor Williams and the people of that congregation for almost 10 years and I know that they have a heart and passion for reaching out to the community in which they have been planted. I have no doubt that National City will be the richer for facilitating their presence. In His Hand, Senior Pastor "moiling From Promises to Possession" www.newh riendship.org GREATER VICTORY Baptist Church G. A. Williams, Pastor 2770 Glebe Road - Lemon Grove, CA. 91945 - 619.668.6925 - www.GreaterVictory.org Bringing them in; Growing them up; and Sending them forth to serve; Anticipating Christ's return. June 4, 2003 To: Charlely Marchesano Assistant City Planner National City, CA. Re: Community of Praise Baptist Church 421 National City Blvd. National City, CA. 91950 As a pastor, I consider it my duty and a privilege to write to you in regards to one of our sister Churches. However, I am both surprised and saddened over the matter for which I am writing. I am sure you agree that it is always the intention of our churches to be "Good Neighbors ". It is what we believe, teach, and practice. Furthermore, we believe that every Christian is under obligation to be "peacemakers" in our communities and society as a whole. Consequently, we strive for peaceful solutions to problems that are both private and public. Finally, we believe that not only the Church, but also our Communities are founded upon the biblical principles of fairness, honesty, truthfulness, and social conduct. When this actually occurs, our communities are at their best. As you are aware the Community of Praise Baptist Church is located at 421 National City Boulevard. They have recently encountered complaints directed to the City Planner of National City concerning parking for those who attend their church, some of which live in the community. It is our understanding that the building was built before parking lots were required, therefore no parking areas were provided. However, attempting to be "Good Neighbors" they have secured 15 of the 26 parking spaces required (nearly 60 %). As we understand, this is more than what a neighboring church has secured under the same circumstances, 12 of the 166 parking spaces required (only 7%); yet they have received approval from the City Planners office of National City. We are only asking that the same allowances provided one church located at 330 National City Boulevard also be extended to another church located one block away, namely Community of Praise Baptist Church, at 421 National City Boulevard. Service, Rev. G. A. Williams, Pastor 3ayview 3aotist Church Pastor Timothy J. Winters, D.Min. The Next Level June 5, 2003 Mr. Charley Marchesano, Assistant Planner City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Marchesano: 2000 and Beyond Grace be unto you and peace from God our Father, and the Lord, Jesus Christ! I am contacting you in reference to the Community of Praise Baptist Church's parking situation. To my understanding they do not have a parking lot because it was not required at the time the building was built. However, the Church does have an agreement with a neighbor to utilize his parking lot on Sundays and evenings. Therefore, alleviating the problem of parking spaces. I am aware that the City Hall has records indicating that a church located at 330 National City Blvd. experienced the same parking issue and that the City issued a parking variance to wave the required parking spaces. I feel that it would be grossly unfair for the City of National City not to vote likewise in this situation. I encourage you to vote in favor of the Community of Praise Baptist Church being located at 421 National City Blvd. Please don't disappoint me. Timothy J. Winters, D.Min. TJW:jm Reaching the Lost and Teaching the Saved to Serve 6134 Benson Ave. San Diego, CA 92114 Office:(619) 262-8384 Fax:(619) 262-9324 email: info@bayviewbc.org (619) 265-0392- Church ` Sunday Church School 9:00 a.m. Sunday Worship 10:30 a.m., 6pm Tues. Prayer Bible Study 6:30 p.m. Greater Mount Rev. ID. June 4, 2003 City of National City 1243 National City Blvd. National City, CA 91950 Dear Charley Marchesano, Assistant Planner 5925 El Cajon Blvd. San Diego, Cal fornia 9211.5 P.O. Box 151046 Sass Diego, California 92175-104'— 1 h Baptist Church ams, Pas'tu . I am writing to you on behalf of my sister church, Community of Praise Baptist Church. We rejoiced when we heard that the Community of Praise Baptist Church had secured a location at 421 National City Blvd. National City, CA. 91950. A community where the African American Baptist churches was underrepresented. It saddens my heart to hear the current struggles they face in regards to the parking situation. It is my hope and prayer that you will reconsider your position and make an exception by issuing a parking variance to wave the required parking spaces considering the agreement the church has made with neighboring businesses to utilize their parking lots as needed. The Community of Praise is a church dedicated to reaching individuals for the cause of Christ and in response to reaching these individuals they assist in redirecting their lives in an area where such ministry is definitely needed. In their short time in National City they have already reached those who would have been considered the unreachable including former prostitutes and drug addicts. In addition, Community of Praise is the sole African -American Baptist Church in National City. Thank you for consideration to this matter. In His Service, 'The he Church Doiar; t bai Cod Commands' mr1u.Greate, Ior?nfvioriuh.ore rom: <DnnsA4@cs.com> 6o: <communityofpraise@cox.net> ter"`• Tuesday, June 03, 2003 9:29 PM it. : Re: Letter's of Support Greater Johnson Baptist Church June 3, 201 To whom it may concern; Just recently Rev. Williams contacted our church concerning his problem with church parking. our particular church in the area we are located had i would imagine the same problem. but with the help of our community and neighbors we were able to work it out, and the problem has ceased. i know with a community such as National City that any difficulty with a Church will be immediately worked out. i pray that the City of National City will work along with Rev. Williams to secure a much needed parking for the Church. If I can help in anyway, please don't hesitate to contact me In His Service L .. Anderson 2646 Imperial Avenue, San Diego, California 92102, (619) 239-1000; Email: gjbc.org Progressive Baptist District Association of Southern California, Incorporated Dr. C.E. Gaines, Moderator moderator pro gressivedistrict. com Dr. Robert Houston, Sr., Corresponding Secretary June 4, 2003 Charlely Marchesano / Assistant Planner City of National City National City, California Dear Charlely, This letter is written on behalf of the Community of Praise Baptist Church which is located in your city at 421 National City Boulevard, National City, CA 91950 and pastored by the Reverend E.M. Williams. It is our understanding that there are concerns regarding the parking at their recently secured facility. It is further our understanding that this building historically has not had a parking requirement due to (1) construction and completion of the building prior to enforced parking standards, and, (2) waivers issued to previous tenants in similar facilities. The purpose of this letter is to state our support of Pastor Williams attempt to secure a waiver in the parking requirement. I know that he has worked hard to work with the residents of that area to secure additional parking for Sundays and evening events. On behalf of over 40 pastors and congregations throughout San Diego county, it is our hope and anticipation that a peaceful resolution to this matter will be swiftly made so that this Congregation and Pastor can concentrate on creating a better environment for the residents of that city and this community. Sincerely, Pastor Robert Houston, Sr. Corresponding Secretary Dr. C.E. Gaines Moderator Dr. C.E. Gaines President Rev. Bryant C. Wyatt, Sr. General Secretary California Missionary Baptist State Convention Office of the Corresponding Secretary Pastor Robt. E. Houston, Sr. P.O. Box 13489 San Diego, California 92170-3489 Church: (619) 234-5506 Fax: (619) 660-9363 E-Mail: drreh@pacbell.net June 4, 2003 Charlely Marchasano / Assistant Planner City of National City National City, California Dear Charlely, This letter is to voice our support as a collective body of the efforts being made by Reverend E.M. Williams and the Community of Praise Baptist Church of National City to continue serving your area. We have been notified that there is an issue concerning parking for a building that historically has not required any additional parking. It would be, in our opinion, in the best interests of The City of National City to allow this congregation to continue in its efforts unencumbered. We value the value of having a vibrant, outreaching, congregation in any city where lives can be affected to create strong and law-abiding communities. On behalf of three hundred congregations comprised of African -American congregations throughout the State of California, we support their continued presence in National City without obstacles being cast in their way. Sincerely, Corresponding Secretary 02L. CJ. l_�'. 1.CLUJ2%lJ President eaeky.e. State certif� f to • ecogni tioij, PRESENTED TO: Reverend E. M. Williams Pastor It is with my deepest appreciation that I, Assemblyman Juan Vargas, hereby present you with this Certificate of Recognition for the inspirational leadership and moral guidance that you provide to the members of your congregation. May God's continual blessings fall upon you in all that you do. `MEMBER OF TH '/ASSEMBLY ALIFORNIA STATE LEGISLATURE MACEDONIA MISSIONARY BAPTIST CHURCH Julius R. Bennett, Pastor 625 Quail Street San Diego, CA 92102 (619)263-4544 June 5, 2003 TO: C. Marchasano, Assistant Planner City of National City FRC)M: Julius R. Bennett Pastor, Macedonia Missionary Baptist Church SUBJECT: Parking Variance l am writing this letter to request that a parking variance be granted for the Community of Praise Baptist Church, located at 421 National City Blvd As you are probably aware, this is the only predominately African -American church located within the boundaries of National City. The need for the church in this location is quite apparent; and your assistance in granting the variance will be greatly appreciated If you have any questions regarding this matter, or need for addtional information please feel flee to contact me. Sincerely; Julius R. Bennett Pastor, Macedonia Missionary Baptist Church CC: Luis Natividad, Councilman, City of National City Jesus Cuxisedie swore yesterday, and today, and forever. Hebrews 13:8 CT) THE SHOE GALLERY 790 PALOMAR ST. CHULA VISTA CA 91911 (619)423 2613 CairN cA_ POsAA141, DEVI ij 'Nome-ri r 412-1 USE-9 Fa N‘y 5-rbaui "11.-4Easc Flo EALLosgo FU au- T. Psi— NINTioriAl WO 5tioCs 'Oc) Busi Afss s .?1-04 RSW *o%) cem- 2.0 Itrii4u 6,0=0, AANK. quant;14 S PIANO D un's ORGAN 211 6,0 m;kiistERs pool M 0Fl5ItIP AREA ( _IOD square FEET) IE II'HA IlwAy �I OFFICE 60' 6'' OPEN OFFICES 2S'— H,4I 1 vwAy $TORA(,E RooM RorcE r RESIN:oM UrRoom '0 Earpoom Lou GE =I/ OFFICE LOUNGE M�It� - PuApOsE AREA IY' 6'' - ----- 4 rrroo tZ r' LA Cor*iuNIfy of LOVE 7 ON • 5 I OEV/Ac i< / z„ / 60' 6" z .7/ / / / z/ ,/ / 7 LIT !4--- 7 z NATIONAL CITY PLANNING DEPT. EXHIBIT A -Revised CASE FILE NO. CUP-2003-10/Z-2003-5 DATE: 6/6/2003 ce I 1.•*-L4' 13 IEETING DATE ITEM TITLE A PUBLIC HEARING TO EXPAND PARKING DISTRICT "A" ON 20TH STREET BETWEEN A AVENUE AND D AVENUE City of National City, California COUNCIL AGENDA STATEMENT September 1 2003 AGENDA ITEM NO. 5 PREPARED BY Adam Landa 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION The City Council at their meeting on August 5, 2003, expressed an interest in expanding the Parking District "A" on 20th Street between A Avenue and D Avenue. Staff was directed to schedule a public hearing for this matter. The City Council approved at its meeting of September 2, 2003, the Public Hearing for this issue to be held on September 16, 2003, at 6:00 pm in the City Council Chambers. Notification has been sent to the affected property owners and the Public Hearing has been noticed in accordance with law. Environmental Review X N/A Financial Statement N/A Approved BY: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that based on the public hearing discussion, the City Council directs staff regarding the expansion of the district. BOARD / COMMISSIONENDATION N/A ATTACHMENTS t Listed Below ) Resolution No. 1. Council Agenda Item dated September 2, 2003 to Request a Public Hearing A -zoo l9 99� Ciitj o ation& Oh 'CaniforMa COMM. AGENDA STATEMENT MEETING L A',=E September 2, 2003 AGEN A IITEM t 0 7-rT t 11"LE A REQUEST TO SET A PUBLIC PROPERTY FROM PARKING DISTRICT "A" LOCATED STREET AND 20T" STREET AND THE EXPANSION AVENUE AND "D" AVENUE PRE PAREI stv EXP}LANI T. Mr. John Ball is requesting that his commercial property on the west side of "A" Avenue between 18th and 22nd Streets be removed from the Residential Parking District "A". The residences located at 1922, 1928, and 2122 "A" Avenue will not be affected and will stay within the Parking District. The Council at their meeting on August 5, 2003 expressed an interest in expanding the District on 20th Street between "A" Avenue and "D" Avenue. It is requested that a Public Hearing be set for these two issues on September 16, 2003, at 6:00 pm in the City Council Chambers. Notification will be given to the affected property owners and the Public Hearing will be noticed in accordance with law. HEARING FOR THE REMOVAL OF COMMERCIAL ON THE WEST SIDE OF "A" AVENUE BETWEEN 18TH OF THE DISTRICT ON 20TH STREET BETWEEN "A" IDEPAE Public Works/Engineering Adam Landa 336-4580 IF na ^;w_ii tatom rsit N/A l r a EC lRRfi: ill A TIIOt: Have a Public Hearing. IAA SSR N/A X f,N N n u€.s Finance Director Account No„ I a o,.. -I. Letter from Ball Automotive Group dated June 23, 2003 2. Location Map i Automotive Grow "ON THE MILE OF CARS" June 23, 2003 Mr. Adam J. Landa City of National City Department of PublicWorks URA Dear Mr. Landa, I am requesting that the curbside located on the west side of A Avenue located between 18th St. and 20th St. which is used by the Ball Automotive curbside onp as vehicthwest s le torae ofgA lots should not be restricted to permit parking. Also, the Avenue between 21'4 St. and 22nd St. directly in front of the Ball Honda service facility should not be restricted to permit parking. The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking. I appreciate your efforts in assisting Mr. George Quinn in his efforts to correct the designation of the locations described above_ Thank you. Sincerely, John Ball President Ball Automotive Group 'Iona CF 1-.3culevarci CC 02210� v T IT URRENTLY REQUIRES PERMIT PERMIT REQUIRED 'FQUEST CHANGE ON WEST SInE TO NO PERMIT REQUIRED FROM 21ST TO 22ND ST ON "A" AVE sadnd2�I NO PERMIT REQUIRED 20TH TO 21ST ST. ON 'TEST HIDE OF "A" AVE Ato s vo a3sn 11d8 N A 9 WEST SIDE OF z 101N ,1110 1VN011 N Alt AVE W .75 AI IT CURRENTLY REUIRES PERMIT REQUEST TO ?RTEND NO PERMIT REQUIRF.`DD FROM HILLCRE'ST MANOR TO END OF AT BALL PROPERTY ON WEST SIDE OF ON „A" AVE TO 20TH ST. NO PERMITREQUIRED REAR OF HILLCREST MANOR "A" AVE UEST FOR REMOVAL OF COMMERC OPERTY FROM THE RESIDENTIAL PARKING RE NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 9, 2003 ITEM TITLE: PR DISTRICT "A" ON THE WEST SIDE OF "A" AVENUE BETWEEN 18TH STREET TO 22ND STREET (BY: JOHN BALL PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. John Ball, from Ball Automotive Group located at 1935 National City Boulevard, is requesting that his commercial property be removed from the Residential Parking District "A". The dwellings have been removed from the lots and the area is now being used for vehicle storage. Since there are no longer residents living on Ball's properties, the permit parking signs should be removed. STAFF RECOMMENDATION: Staff recommends that Ball's commercial properties be removed from Residential Parking District "A" since they no longer meet the requirements of Residential Permit Parking Policy. EXHIBITS: 1. Letter 2. Location Map 2003-241 6i� • Automotive Group "ON THE MILE OF CARS" ®0®E3E2 June 23, 2003 Mr. Adam J. Landa City of National City Department of PublicWorks ACUJRA Cs) Dear Mr. Landa, I am requesting that the curbside located on the west side of A Avenue located between 18th St. and 20th St- which is used by the Ball Automotive Group as vehicle storage lots should not be restricted to permit parking- Also, the curbside on the west side of A Avenue between 21st St. and 22nd St. directly in front of the Ball Honda service facility should not be restricted to permit parking. The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking. 1 appreciate your efforts in assisting Mr- George Quinn in his efforts to correct the designation of the locations described above Thank you. Sincerely, ( ' John Ball President Ball Automotive Group 1935 National City Boulevard National City, California_ 91950 -551'.D IT af0J Xd2j-Ad v A URRENTLY REQUIRES PERMIT PERMIT REQUIRED PR QUEST CHANGE ON WEST SIDE TO NO PERMIT REQUIRED FROM 21ST TO 22ND ST ON SSA" AVE cp r r— A NO PERMIT REQUIRED 20TH TO 21ST ST. ON 'TEST SIDE OF "A" AVE No ;TEST SIDE OF z ,1110 1VN011 "A" AVE IT CURRENTLY 'REQUIRES PERMIT REQUEST TO EXTEND NO PERMIT REQUIRED FROM HILLCREST MANOR TO END OF AT BALL PROPERTY ON WEST SIDE OF ON "A„ AVE TO 20TH ST. NO PERMITREQUIRED REAR OF HILLCRRST MANOR "A" AVE JEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 16. 2003 *Refer to Item #19 AGENDA ITEM NO. 6 I-ITEMTITLE A PUBLIC HEARING TO REMOVE THE COMMERCIAL PROPERTY LOCATED ON THE WEST SIDE OF HOOVER AVENUE BETWEEN 8T" STREET AND 9TH STREET FROM PARKING DISTRICT "C" PREPARED BY Adam Landa 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION Mr. Robert Woods, from Sid's Carpet Barn, located at 132 W. 8th Street, is requesting that his commercial property on the west side of Hoover Avenue between 8th Street and 9th Street be removed from the Residential Parking District "C". The two existing dwellings have been removed from the lots and the area is now being used for employee parking. Since there are no longer residences on the property, the permit parking signs should be removed. There are no other residents on Hoover Avenue between 8th Street and 9th Street. The City Council approved the Public Hearing at its meeting of September 2, 2003 for this issue to be held on September 16, 2003 at 6:00 pm in the City Council Chambers. Notification has been given to the affected property owners and the Public Hearing will be noticed in accordance with law. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the Parking District "C" restrictions be removed on the west side of Hoover Avenue between 8th Street an th Set. BOARD / COMMISSIOCOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Council Agenda Item dated September 2, 2003 to Request a Public Hearing A-200 19.99 City of HatAornai City, CaRilownnia .INCIL I GENOA STATEMENT El Ti 9 3G IF �E . September 2, 2003 AGENDA 9TE NO. E M T9 `9 _, E A REQUEST TO SET A PUBLIC HEARING FOR THE REMOVAL OF COMMERCIAL PROPERTY FROM PARKING DISTRICT "C" LOCATED ON THE WEST SIDE OF HOOVER AVENUE BETWEEN 8TH STREET AND 9TH STREET PREPARES If EXPL.A!AT90� Mr. Robert Woods, from Sid's Carpet Barn, located at 132 W. 8th Street, is requesting that his commercial property on the west side of Hoover Avenue between 8th Street and 9th Street be removed from the Residential Parking District "C". The two existing dwellings have been removed from the lots and the area is now being used for employee parking. Since there are no longer residences on the property, the permit parking signs should be removed. There are no other residents on Hoover Avenue between 8th Street and 9th Street. DE A T ENT Public Works/Engineering Adam Landa 336-4580 Staff recommends that the Public Hearing be set for September 16, 2003 at 6:00 pm in the City Council Chambers. Notification will be given to the affected property owners and the Public Hearing will be noticed in accordance with law. r' 1 lid. 2'+_Fist," ,�tL i'-iV`G'cZ'9 =Revnew EWA Fiso'ianciaV Statement N/A RECI rMEt iDATIION Have a Public Hearing. ____k N/A 1. Letter 2. Location 3. Photos Apftwoved Finance Director Account N9c3 R<rsoiutii ; , No,: SID'S CARPET BARN, INC. CURTIS ALLAN FLOORCOVERING 132 W . 8TH STREET NATIONAL CITY, CA 91950 (619) 477-7000 FAX: (619) 477-6120 July 11, 2003 N . L Public Works Director --' r City of National City nrn rn 1243 National City Boulevard r-_;; National City, CA 91950 ?c7. ""' Dear Public Works Director: The purpose of this letter is to request the removal of allocF ' Parking" sign located on the 800 block of Hoover Avenue, across the street from our business. The no parking sign states that only those vehicles with a "C" area permit are allowed to park on the street between the hours of 7:00 am to 7:00 pm, Monday through Friday. An inquiry to the Public Works Department has determined that the signs were originally place there for residents who lived in the houses that were 816 and 822 Hoover Avenue. Those houses have since been razed, and we combined the two lots and built an employee parking lot which was completed in December of 2000. As there are no more residential buildings in the 800 block of Hoover Avenue, we request that the Public Works Department remove the posted signs that state the "C" area permit requirement. This would help alleviate some of our customer parking during our busy times. Should you need any additional information from me or have any questions, please contact me at (619) 477-7000, extension 3011. Thank you for your assistance in this matter. Very truly yours, ROBERT C. WOOD, Vice President Page 1 of 2 1;'F,-//C:AWINDOWS\TEMP\P7300003..11)G 7/31/03 Page of. '2 '17/ 3 1ii1 1 City of National City, California *Refer to Item #20 COUNCIL AGENDA STATEMENT AEETING DATE September 16, 2003 AGENDA ITEM NO. 7 \ (ITEM TITLE A PUBLIC HEARING TO REMOVE COMMERCIAL PROPERTY LOCATED ON THE WEST \ SIDE OF A AVENUE BETWEEN 18T" STREET AND 20T" STREET FROM PARKING DISTRICT "A" (EXCLUDING THE RESIDENCES AT 1922, 1928, AND 2122 A AVENUE) PREPARED BY Adam Landa 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION Mr. John Ball is requesting that his commercial property on the west side of A Avenue between 18th Street and 22nd Street be removed from the Residential Parking District "A". The residences located at 1922, 1928, and 2122 A Avenue will not be affected and will stay within the Parking District. The City Council approved at its meeting of September 2, 2003, the Public Hearing for this issue to be held on September 16, 2003, at 6:00 pm in the City Council Chambers. Notification has been sent to the affected property owners and the Public Hearing has been noticed in accordance with law. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the commercial property located on the west side of A Avenue between 18th Street and 22nd Street be removed from the parking district (excluding the residences at 1922, 1928, and 2122 A Avenue). BOARD / COMMISSION REC(yTMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Council Agenda Item dated September 2, 2003 to Request a Public Hearing A200i° • Ciity of iatiow_ai Ciijh California COUNC L AGENDA SATE EN` AEETPNG DATEPntPmnP "r,., FTEMIXA REQUEST TO SET A PUBLIC PROPERTY FROM PARKING DISTRICT "A" LOCATED STREET AND 20TH STREET AND THE EXPANSION AVENUE AND "D" AVENUE PREPAREIf Adam Landa �iPtbAi�4ATDO 336-4580 Mr. John Ball is requesting that his commercial property on the west side of "A" Avenue between 18th and 22nd Streets be removed from the Residential Parking District "A". The residences located at 1922, 1928, and 2122 "A" Avenue will not be affected and will stay within the Parking District. The Council at their meeting on August 5, 2003 expressed an interest in expanding the District on 20th Street between "A" Avenue and "D" Avenue. It is requested that a Public Hearing be set for these two issues on September 16, 2003, at 6:00 pm in the City Council Chambers. Notification will be given to the affected property owners and the Public Hearing will be noticed in accordance with law. ( GEN ,ua 1TE O HEARING FOR THE REMOVAL OF COMMERCIAL ON THE WEST SIDE OF "A" AVENUE BETWEEN 18TH OF THE DISTRICT ON 20TH STREET BETWEEN "A" DE ARTiVIENT j ' tivSl�h .,vu'( 6F%.��^6iun'L, i��as Rua C_F� 7 Financial Sta' ement N/A Public Works/Engineering rAFT R[I=COMMEN ?i TU 13 Have a Public Hearing. asE ,OMMEND_II[: N/A I Letter from Ball Automotive Group dated June 23, 2003 2. Location Map Apprnised Finance Director Account Nei €pigs ®ICI® June 23, 2003 Mr. Adam J. Landa City of National City Department of PublicWorks • Automotive Group "OA' THE MILE OF CARS" ACURL' Dear Mr. Landa, I am requesting that the curbside located on the west side of A Avenue located between 18`h St. and 20th St. which is used by the Ball Automotive Group as vehicle storage lots should not be restricted to permit parking. Also, the curbside on the west side of A Avenue between 21 G` St. and 22nd St. directly in front of the Ball Honda service facility should not be restricted to permit parking. The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking. i appreciate your efforts in assisting Mr. George Quinn in his efforts to correct the designation of the locations described above.. ,Thank you. Sincerely, 9a4 Ball President Ball Automotive Group 1935 Na 1ona1 City Boulevard. ;, National Ctiy, C ei ;;,r i 91950-55i9 02J0� ,`�Qid IT iURRENTLY REQUJIRES PERMIT PERMIT REQUIRED 7EQUEST CHANGE ON WEST SIfE TO NO PERMIT REQUIRED FROM 21ST TO 22ND ST . ON "A" AVE NO PERMIT REQUIRED 20TH TO 21ST ST. ON '-ZEST SIDE° OF "A" AVE No z A110 1VN011 WEST SIDE OF "A" AVE AV I . 1--TT CURP NTLY REQUIRES PERMIT REQUEST TO EXTEND NO PERMIT REQUIRED FROM HILLCREST MANOR TO END OF AT BALL PROPERTY ON WEST SIDE OF ON "A„ AVE TO 20TH ST. 00 NO PERMITRE@UIRED REAR OF HILLCREST MANOR "A" AVE NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 9, 2003 ITEM TITLE: REQUEST FOR REMOVAL OF COMMERCIAL PROPERTY FROM THE RESIDENTIAL PARKING DISTRICT "A" ON THE WEST SIDE OF "A" AVENUE BETWEEN 18T" STREET TO 22ND STREET (BY: JOHN BALL) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. John Ball, from Ball Automotive Group located at 1935 National City Boulevard, is requesting that his commercial property be removed from the Residential Parking District "A". The dwellings have been removed from the lots and the area is now being used for vehicle storage. Since there are no longer residents living on Ball's properties, the permit parking signs should be removed. STAFF RECOMMENDATION: Staff recommends that Ball's commercial properties be removed from Residential Parking District "A" since they no longer meet the requirements of Residential Permit Parking Policy. EXHIBITS: 1. Letter 2. Location Map 2003-241 • Automotive Group "ON THE MILE OF CARS" ACURA June 23, 2003 Mr. Adam J. Landa City of National City Department of PublicWorks Dear Mr. Landa, I am requesting that the curbside located on the west side of A Avenue located between 18th St. and 20th St. which is used by the Ball Automotive Group as vehicle storage lots should not be restricted to permit parking. Also, the curbside on the west side of A Avenue between 21st St. and 22nd St. directly in front of the Ball Honda service facility should not be restricted to permit parking. The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking. I appreciate your efforts in assisting Mr. George Quinn in his efforts to correct the designation of the locations described above. :Thank you. Sincerely, John Ball President Ball Automotive Group 1935 National COI Boulevard t, National City, California 91950-5519 C) en-wnW Sa1ndD s2N3 aEsn Tide z ND v l LJ GO r- r- 0 T IT URRENTLY REQUIRES PERMIT PERMIT REQUIRED -PFQUF'ST .CHANGE ON VST.SIDE TO NO 'REIT REQUIRED FROM 21ST TO 22ND ST ON "A" AVE zl O NO PERMIT REQUIRED 20TH TO 21ST ST. ON WEST SIDE OF "A" AVE SC4, N a a W D D O EST SIDE OF AVE 0 m 0 A/ 5 O IT CURRENTLY REQUIRES PERMIT REQUEST TO EXTEND NO PERMIT REQUIRED NO PERMITREQUIRED FROM HILLCREST MANOR TO END OF AT REAR OF HILLCREST MANOR BALL PROPERTY ON WEST SIDE OF ON "A" AVE "A" AVE TO 20TH ST. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16 2003 NING) OF THE ITEM TITLE PUBMUNICIPALIC HEARING—AMECODEREGARDING THE SALE OF ALCOHOLIDMENT TO TITLE 18 OC BEVERAGES. NATIONAL CITY (CITY INITIATED) CASE FILE NO. A-2003-1 efi PREPARED BY Roger Po t, 336-4310 DEPARTMENT Planning EXT. 8 AGENDA ITEM NO. EXPLANATION mittee report concerning The City Council ions on the saleofalcohol. Proposed changes are explained in the atiated this amendment after receiving its ttached report. A summary mmary of existing regulations is also attached. The Planning Commission held a public hearing August 18 and recommended that the amendments not be adopted. Public testimony was also critical of the proposed changes, citing Ling thatschrulesols. should not ttbe changed to allow any additional sale of alcoholic beverages, particularly the owner of Trophy Lounge contacted staff and requested the proposal be modified, as explained in their attached letter. An Ordinance for this amendment is contained in a separate agenda item. Environmental Review X /A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the proposed amendments or provide direction for additional changes. BOARD I COMMISSION RECOMMENDATION The Planning Commission recommended the Amendment not be adopted. Vote: Ayes —Pruitt, Saludares, Alvarado, Flores, Baca, Reynolds, Graham Nayc Carillo; ATTACHMENTS ( Listed Below) n Land 1. Report 3. Notice of Exemption 5. Summary of (existing) 2. Recommended Finding 4. Letter from owner of Trophy Use Code Regulations on Lounge the Sale of Alcohol Resolution No. A-200 (Rev. 7/03 REPORT ON PROPOSED CHANGES TO REGULATIONS ON THE SALE OF ALCOHOL The following changes are incorporated in the draft ordinance. The numbers at the end of each title in the list correspond to those in the draft ordinance that is provided in a separate agenda item. 1. Distance from schools 18.71.030 The amendment would delete the requirement for 660-foot distance from a school for all establishments except liquor stores. It would also clarify that the distance restriction applies only to schools providing instruction at Kindergarten through 12th grade levels. One particular project held back by current Code requirements is the proposed rebuilding of Trophy Lounge as a restaurant. The CDC is encouraging this project. However, current distance restrictions do not allow the rebuilding, with or without food service, as it is less than 660 feet from the Higher Education Center and Education Village. Other restaurants located near schools may have interest in selling alcohol. Many locations along Highland Avenue are affected by nearby Central, Otis, and Olivewood Schools, and Sweetwater High School. 2. Sunset clause 18.71.020 Would add a provision for the automatic expiration (sunset clause) of Conditional Use Permits for the sale of alcohol after three years, or any shorter period approved by the Council. Sunset clauses have been required in Conditional Use Permits approved by the City Council for 7 Dias Market and Pat & Oscar's restaurant. The clause would also apply to any modification of an existing Conditional Use Permit, but will not apply to any existing Conditional Use Permit unless modification is sought. The owner of the Trophy Lounge has objected to this requirement, as stated in their attached letter. 3. Karaoke 18.71.100 Would clarify that karaoke constitutes a form of live entertainment requiring a conditional use permit. 4. Separation between establishments selling alcohol. 18.71.030 These requirements specify distances for separation of the same type of establishments from one another. The Amendment would maintain current standards and would clarify that there are no requirements separating the following types of establishments that may sell alcohol: • Restaurants (from other restaurants) • Grocery stores and convenience markets (from each other) 5. Restricted hours for restaurants selling alcoholic beverages 18.71.050 The draft ordinance would clarify that a Conditional Use Permit may specify the allowable hours for the sale of alcoholic beverages. Otherwise, it would be prohibited after midnight. This is a current Code restriction. The owner of Trophy Lounge expressed concern that they be permitted to sell alcoholic beverages after midnight at their proposed restaurant. This would need to be specified in the Conditional Use Permit. 6. Additional cleanup item The Amendment would delete an unused provision for exceptions to distance requirements for bars and cocktail lounges or nightclubs. The proposed Amendment maintains current requirements for a Conditional Use Permit for the sale of alcohol at any establishment, whether for consumption on -site or off -site. Additional changes were considered that would have added restrictions on outdoor advertising and a requirement for server training. The City Attorney has advised that these matters should be addressed by conditions of approval for Conditional Use Permits, rather than as Code regulations. RECOMMENDED FINDING FOR APPROVAL 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 would facilitate the use of the Code as well as the implementation of the General Plan. The distance requirement of 660 feet between liquor stores and schools will be maintained. Deletion of the 660-foot distance requirement between schools and uses involving the sale of alcohol for on -site consumption will allow for opportunities for new or expanded uses in the City that may be desirable for revitalizing certain areas, and private revitalization of older commercial areas is a high General Plan priority. The CUP requirement will maintain the potential to deny undesirable proposals or to apply needed conditions, consistent with General Plan policy to carefully review uses which may not be compatible with adjoining neighborhoods and business districts. In addition, maintaining requirements for separation of establishments that sell alcohol from each other, which do not apply to restaurants, will also indirectly limit the number of alcohol -serving uses that could locate near schools. J �.W 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. A-2003-1 Project Location: Citywide Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the Municipal Code regarding the sale of alcoholic beverages 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) n 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 amendment is limited to changes that affect the sale of alcohol and entertainment within a permitted establishment. CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects on the environment. The amendment addresses regulations that affect only social aspects associated with development that may occur. Date: Steve Ray Principal Planner Sep 09 03 05:09p RogerLee 858 483 5212 P•2 DATE: September 9, 2003 TO: Steven G. Ray Principal Planner City of National city Planning Department 1243 National City Boulevard National City, CA 91'950-4301 FAX: (619)336-4321 Dear Steven, FROM: Donna Edwards Trophy Lounge 999 National City Boulevard National City, 91950 PH: (858) 945.0639 FAX: (858) 483.5212 Thank you very much for taking the time to talk with us regarding the upcoming proposed changes. 1 hope that this letter gives you a better perspective about this project. The business has been in existence for over 35 years as a bar/nightclub. We are currently operating the Trophy Lounge and. have been operating the business since 1983. Currently hours of operation are noon till 2:00 am, 7 days a week... The Downtown National City Redevelopment is an exciting project and we are looking forward to being a part of the enhancement of our business district. We have expended large amounts of time and expense hiring legal counsel to work out the myriad of issues with CDC and the State of California Alcohol Beverage Control (ABC). The ABC has been consulted and they endorse the addition of food to our existing liquor -only license. To date, we have worked very closely with CDC, and the result is that we would be willing to change our operations to include food and broaden our clientele to include families, city employees, students, local businesses, and residents. The agreement that we have entered into with the City of National City provides for a replacement of the current building with a beautiful, architecturally designed new structure to be built at our expense which will comply with current building and fire codes and includes a full -service kitchen. We currently operate our business under an ABC "Type 48" which allows for the service of alcohol without any food service requirement to patrons 21 years of age and older. This is considered to be the most desirable type of license as it has NO RESTRICTIONS. We have offered to exchange and down -grade our current, unrestricted Type 48 license, to a restricted Type 47 which requires that food be served. In summary, we have made considerable concessions and will be expanding our business by adding the service of food and including minors and families to our existing clientele. We are very concerned about the proposed changes/amendments to Title I8 (zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. Sunset clause 18.71.020 — Our current agreement with the City of National City calls for certain targets to be met within 10 years and the three year sunset clause would place limits on our ability to be able to meet the City's expectations of us. On another note, any new business wishing to be successful or having investors and/or lenders to answer to will find these restrictions extremely limiting and potentially detrimental to future growth. Restriction of sale of alcoholic beverages 18.i7.050 B — Our current agreement with the City of National City calls for certain targets to be met within 10 years and the Conditional Use Permit would again place limits on our ability to be able to meet the City's expectations of us. We are in the process of applying with various lenders and they may find the additional restrictions prohibitive to our ability to service the loan. This may jeopardize our ability to get funding for our project. Until we have all of the required permits in place, we will continue to open for business. If there are going Sep 09 03 05:08p Roger Lee 858 483 5212 p.3 to be additional restrictions then we would be less inclined to consider changes in usage of our building or our operations At this time, we are seeking assurances that certain individuals will not continue to hamper a project that promises to enhance the Downtown Business District and the community. It would be a shame if this project is not allowed to happen because of City Council's attempts to allay unfounded fears from these individuals about our business that have already been addressed through numerous community -input meetings and public hearings. Many of the issues that came up have already been addressed and have been considered when the agreement with CDC was drafted. We CDC worked very diligently with us to make sure that community concerns were considered when we finalized our agreement. This agreement includes "triggering clauses" in place which would insure that our business as proposed will not change at a later date. These "unfounded fears" have already been addressed and the "overkill" restrictions are putting this project in jeopardy.. We have owned this business for 20 years and the proposed improvements to the building and the downgrading of the current ABC Type 48 license which would add extensive food service to our operations should be looked upon as an enhancement to the community and business district Our project should be considered to be "grandfathered" as a result of the following facts: ® The ownership has not/will not change • The current liquor license is being exchanged and down -graded to accommodate the CDC e The current building plans evolved into a "ground up" construction project to comply with CDC's desire for a more architecturally pleasing structure. The nature of the small business is to "be successful". The implementation of restrictions or limits to businesses to become successful removes the motivation. We believe that our Mayor's vision of a: vital, urbanized downtown can be achieved with foresight and good planning which will, in the end: benefit everybody. Very truly, Edwards SUMMARY OF LAND USE CODE REGULATIONS ON THE SALE OF ALCOHOL Any business proposing to sell alcohol, for on -site or off -site consumption, must first obtain a Conditional Use Permit. Previously established, lawful, nonconforming establishments selling alcohol are typically not affected by this requirement. A change of location would cause the need for a Conditional Use Permit, however. Restrictions differ somewhat for various types of establishments. These are listed below. Markets, convenience stores etc. that sell alcohol • No separation requirements, just a Conditional Use Permit needed. Liquor stores ® Must be at least 660 feet from a school • Must be at least 500 feet from another liquor store Restaurants that serve alcohol • Must be at least 660 feet from a school • No separation requirement from other restaurants selling alcohol • Restrictions on entertainment and the hours of sale of alcohol (may be separately reviewed as part of a CUP for live entertainment) Bars, cocktail lounges, nightclubs • Must be at least 660 feet from a school • Must be at least 1000 feet apart • The bar/cocktail lounge distance requirements may be waived by a Conditional Use Permit Other establishments selling alcohol as an • incidental use for on -site consumption; i.e., private club, theater, bowling alley, etc. ® Must be at least 660 feet from a school • Must be at least 500 feet apart City of NotIonoi City, Caalifera is COUNCIL AGENDA STATEMENT MEETING DATE SeptemtPr 16,2003 AGENDA ITEM NO, 9 (-ITEM TITLE RESOLUTION TO AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING O HE D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM. PE Penu Pauu Jr., Chief of Police EA ENTPolice EXPLANAT1ONTose Tellez, Sergeant / The National City Police Department currently assigns a police officer to teach the D.A.R.E. program to all fourth grade students and the J.O.G. (Juveniles Out of Gangs) program to all fifth grade students in the National School District. This same officer, on a part time basis, along with three additional police officers assigned on a full time basis as School Resource Officers, provide campus security and general law enforcement services to the three Sweetwater Union High School District secondary schools located in National City. The salaries for the police officers as well as educational materials and supplies for the programs are currently funded by a joint funding agreement between the National School District and the City of National City. The City of National City also has a funding agreement with the Sweetwater Union High School District. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and they have been subsequently renewed during the following fiscal years: 95/96 through 06/03. The National School District and Sweetwater Union High School District have both indicated an interest in continuing the program. Errvir°Qra ti Re crtement X N/A If this resolution is approved the City of National City will be reimbursed the described funds in the amount of $ 175,914.90 from the National School District and the Sweetwater Union High School District. Account MT.AEE RECOMMENDATION Approve the resolution. eoAR / COMMiSSi RECOENDATiON Y`TACHMENTS (Listed 6elo Resoint€tare No. 2003-129 MOU with Sweetwater Union High School District MOU with National School District A-200 (Rev. 2/80) RESOLUTION NO. 2003 —129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE CHIEF TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District and the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers and Juveniles Out of Gangs programs. WHEREAS, the costs of such programs include salary, benefits, materials and supplies; and WHEREAS, the National School District and the Sweetwater Union High School District wish to contribute their share toward the cost of said programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Chief of Police is hereby authorized to execute Memorandums of Understanding between the City of National City and the National School District and the Sweetwater Union High School District respectively, for the School Liaison Officers and the Juveniles Out of Gangs programs. Said Memorandums of Understanding are on file in the Office of the City Clerk. PASSED and ADOPTED this.16' day of September, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: zr ,Michael R. Dalla, City Clerk George Eiser, Ill City Attorney COUNCIL AGENDA STATEMENT RESOLUTION- D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM Page 2 The Board of the National School District and the Board of the Sweetwater Union High School District have each approved their respective proposed MOU with the City of National City for Fiscal Year 2003/2004. Under the proposed MOU with the National School District, the D.A.R.E./J.O.G./ School Resource Officer will be assigned approximately two thirds of his time, or 27 hours per week, to school campuses of the National School District. While on National School District campuses, the officer's primary duty will be the instruction of D.A.R.E. and J.O.G. curriculum. As time permits his duties may also include campus security and enforcement duties. Under the proposed MOU with the Sweetwater Union High School District, the D.A.R.E./J.O.G./School Resource Officer would be assigned to spend approximately one third, or 13 hours per week, of his time on Sweetwater Union High School District campuses assigned primarily to campus security and general law enforcement duties. The costs of funding the D.A.R.E./J.O.G./School Resource Officer under the proposed agreements will be paid as follows. D.A.R.E./J.O.G./School Resource Officer Funding (1 Officer) Percent Amount National City Police Department 50% $ 43,353.90 National School District 33.3% $ 28,873.00 Sweetwater Union H.S. District 16.7% $ 14,480.20 TOTAL COST 100 % $ 86,707.10 Additionally, $ 5,000 in material and supply costs would be divided in half with the National School District and National City Police Department each paying 50% or $ 2,500 of the material and supply costs for the D.A.R.E. and J.O.G. program. Under the proposed MOU with Sweetwater Union High School District for Fiscal Year 2003/2004, $ 14,480.20 will be paid by the District to the City of National City for the part time services of the D.A.R.E./J.O.G./ School Resource Officer. Additionally, $130,061.70 will be paid, by the Sweetwater Union High School District for 1 Y2 of three officers assigned full time to School Resource Officer duties. The Sweetwater School District will pay a total of $ 144,541.90. COUNCIL AGENDA STATEMENT RESOLUTION- D.A.R./J.O.G./SCHOOL RESOURCE OFFICER PROGRAM Page 3 School Resource Officers (3) Full Time Positions: National City Police Department Sweetwater Union H.S. District TOTAL COST Percent/Positions Amount 50 % (1 % officers) $ 130,061.70 50 % (1 Y2 officers) $ 130,061.70 100 % (3 officers) $ 260,123.40 The Sweetwater Union High School District is essentially paying the cost of one full time officer, one-half of a second full time officer, and one -sixth of the part time D.A.R.E./J.O.G. officer. The National City Police Department will pay the cost of one full time officer, one-half of the second officer, and fifty percent of the part time D.A.R.E./J.O.G. officer. The proposed MOU with the Sweetwater Union High School District would be retroactive to July 1, 2003. The proposed MOU with the National School District would be retroactive to July 1, 2003. Approval of the resolution would enable the Chief of Police to enter into the MOUs with the National School District and Sweetwater Union High School District to continue the existing programs. MEMORANDUM OF UNDERSTANDING BETWEEN I'HE NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and reducing the involvement of youth in gangs and drug abuse in National City are priorities to both the National School District and the National City Police Department. The influences that cause youth to become involved with street gangs and substance abuse begin to act on children during the pre -teen years. Children are not instinctively able to combat these forces and must be taught the negative effects of drug abuse and involvement with street gangs. Likewise children must also be taught techniques to resist peer pressure to join gangs and use drugs. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. Recognizing these factors, the National School District and the National City Police Department agree to work together to provide an educational program designed to deter children from substance abuse and becoming involved with street gangs; and to provide the presence of a police officer on campus to help maintain a secure environment. To this end the following are specific agreements between the National School District and National City Police Department. Role of the School District: The National School District agrees to: 1. Provide allotted time for Drug Awareness Resistance Education (D.A.R.E.) instruction in the 4th grade classes in the District. 2. Provide allotted time for Juvenile Out of Gangs (J.O.G.) instruction in the 5th grade classes in the District. 3. Coordinate scheduling with the J.O.G./D.A.R.E. instructor and the assigned police department supervisor. Memorandum of Understanding Page Two 4. Require classroom teachers to remain in the classroom for J.O.G./D.A.R.E. presentations. 5. Schedule orientation time for classroom teachers. 6. Schedule parent meetings as needed. 7. Designate a District staff person to regularly meet with the law enforcement agency to evaluate J.O.G., D.A.R.E and campus security needs. 8. Provide space for posting J.O.G. and D.A.R.E. material within classrooms and school grounds. 9. Provide adequate space for the J.O.G./D.A.R.E./School Resource Officer to carry out non - classroom duties. 10. Provide regular feedback to the law enforcement agency concerning the performance of the J.O.G./D.A.R.E/School Resource Officer. 11. Permit the J.O.G./D.A.R.E./School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 12. Commit audiovisual equipment for J.O.G, D.A.R.E. and other law enforcement related educational presentations. 13. Maintain a J.O.G./D.A.R.E question box in afprominent place in the classroom. 14. Permit the J.O.G./D.A.R.E/School Resource Officer to assign reasonable homework during the course of J.O.G. or D.A.R.E. instruction. 15. Reinforce the J.O.G. curriculum throughout the week by such activities as incorporating "J.O.G." words into weekly spelling tests and assigning J.O.G. related topics for themes. 16. Reinforce the D.A.R.E. curriculum throughout the week by such activities as incorporating "D.A.R.E." words into weekly spelling tests and assigning D.A.R.E. related topics for themes. 17. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. Memorandum of Understanding Page Three 18. Develop procedures to handle campus safety issues. 19. To establish and follow procedures for referring police involvement. 20. Abstain from calling upon the J.O.G./D.A.R.E. officer for enforcement duties while he/she is involved in classroom instruction except in emergencies. 21. The National School District will remit $ 28,873, payable to the National City Police Department Personnel Services Account, to offset costs of the JOG/DARE/School Liaison officer. One half of this amount, or $ 14,436.50, will be paid by January 1, 2004, the remaining one half, or $14,436.50, will be paid by May 1, 2004. By May 1, 2004, the District will also place $2,500, into the Juvenile Drug/Gang Education Fund held by the Treasurer of the City of National City to be used for supplies used in the J.O.G. and D.A.R.E programs. The City of National City will match the school district's contribution of $2,500, or 50% of the Juvenile Drug/Gang Education Fund. 22. Coordinate with the police department, other public and private agencies, community and civic groups to develop a community paihiership in support of the J.O.G. and D.A.RE. programs. Role of the National City Police Department: The National City Police Department agrees to: 1. Assign an uniformed police officer as the J.O.G./D.A.R.E./School Resource Officer. 2. Assign the J.O.G./D.A.R.E./School Resource Officer to spend 27 hours of the 40 hour work week on or about school campuses of the National School District engaged in the following duties. • Instruction of anti -gang J.O.G. curriculum to all fifth grade students. • Instruction of anti -substance abuse D.A.R.E. curriculum to all fourth grade students. • Anti -drug and anti -gang parent education. • Training for teachers and other school staff on law enforcement and campus security issues. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). Memorandum of Understanding Page Four • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and/or damage to property Weapons on campus Alcohol and drugs on campus Truancy 3. Ensure that a J.O.G./D.A.R.E. instructor will be available to instruct at scheduled presentation times. 4. Ensure that the officer assigned as the J.O.G./D.A.R.E. officer receive all required training and any additional training deemed beneficial to his/her tasks. 5. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs. 6. Schedule the J.O.G./D.A.R.E./School Resource Officer at one of the campuses each weekday. The J.O.G/.D.A.R.E./School Resource Officer will be afforded ample time to engage in informal interaction with the students. 7. Abstain from having the J.O.G./D.A.R.E/School Resource Officer perform enforcement duties during time scheduled for classroom instruction, except in cases of emergency. 8. Provide a weekly log accounting for the time and activities of the J.O.G./D.A.R.E./School Resource officer to a designated staff member of the National School District. 9. Pay salary and benefits for the police officer assigned as the J.O.G./D.A.R.E/School Resource Officer. 10. Coordinate with the school district, other public and private agencies, community and civic groups to develop a community partnership in support of the J.O.G. and D.A.R.E. programs. r Memorandum of Understanding Page Five This Memorandum of Understanding shall be effective July 1, 2003, and shall remain in effect until June 30, 2004. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City. 1'c�y A.L. , I iCerch' j a? 23 orge . Cameron, Ed. D. Chief of Polk District Superintendent National City Police Department National School District Approved By The p The raSc1 MOWS On 6245-0'�`� National City Police Department School Resource Officer Program Fiscal Year July 1, 2003 to June 30, 2004 SALARY INCREASE EFFECTIVE DATES July 8, 2003 (Start of MOU July 1, 2003) January 6, 2004 (End of MOU June 30, 2004) TOTAL PACKAGE SALARYBENEFITS (100 % for one SRO) $ 85,933.74 $ 87,481.91 (Salary increase of $1,548.17 /year) Based on the above salary/benefits figures, the MOU will reflect the increase that will occur during the contract. The breakdown for one School Resource Officer is as follows: July 1, 2003 to January 5, 2004 $ 85,933.74 January 6, 2004 to June 30, 2004 ($ 1,548.17 / 12 months = $ 129.01 $ 129.01 x 6 months = $774.06) $ 774.06 Salary/Benefits one officer (100%) TOTAL: $ 86,707.80 The total amount of funds due for the upcoming agreement from the National School District to be paid to the City of National City will be as follows: ➢ Salary/Benefits one officer (33.3 %) ➢ D.A.R.E. Fund Contribution Jose Tellez, Sergeant National City Police Dept. $ 28,873 $ 2,500 TOTAL DUE: $ 31,373 MEMORANDUM OF UNDERSTANDING BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security is enhanced by the presence of police officers. Police officers on campus also help improve relations between the Police Department and youth in the community. Therefore, the Sweetwater Union High School District and the National City Police Department agree to undertake the following responsibilities to achieve these mutual objectives. A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support the National City Police Department to ensure the success of programs involving students, school personnel, parents and community. B. LAW ENFORCEMENT'S ROLE AND RESPONSIBILITY 1. To provide prevention/intervention by: . Developing classroom and faculty presentations related to youth and the law; . Attending parent conferences/meetings; • Attending S.A.R.B. and S.A.T. meetings; and . Scheduling security activities as needed. 2. To continue to work with: . Community agencies; and . South Bay Task Force. Memorandum of Understanding Page Two 3. To continue training National City Police Department staff assigned to the school sites. 4. To work with school staff in matters of mutual concern such as: . Alcohol and drug use on campus . Safety of students and staff on campus . Gang related violence and crime . Campus intrusion . Loss and/or damage to property C. TIME FRAME This Memorandum of Understanding shall remain in effect for 2003 - 2004 fiscal year, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Understanding. D. LOCATION Prevention/education/training activities will take place at Sweetwater High School, National City Middle School, Granger Junior High School and at public meeting places within the respective communities. E. RESOURCE Resources and local management will be coordinated at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California, 91911 (619) 585-6265 AND Memorandum of Understanding Page Three National City Police Department 1200 National City Blvd National City, California 91950 (619) 336-4423 F. ASSIGNMENT OF FULL TIME OFFICERS -COST The National City Police Department will assign three officers on a full time basis to perform the duties listed under provision B. of this MOU at the Sweetwater Union High School District's campuses in National City. One officer will be funded by the Police Department and a second officer will be funded with campus security funds provided by the Sweetwater Union High School District, the third officer will be funded jointly by the Police Department and the Sweetwater Union High School District with each providing 50% of the funds. The funding will be at the following levels: Salary $ 66,802.19 Fringe Benefits $ 19,905.61 TOTAL $ 86,707.80 G. ASSIGNMENT OF PART TIME OFFICER -COST The National City Police Department will assign an additional officer (fourth overall) on a part time basis to perform the same duties as the full time officers assigned to the Sweetwater Union High School District's campuses in National City. The part time officer will work in this assignment during one third of his work hours or approximately 13 hours per week. The Sweetwater Union High School District will pay the City of National City, the amount of $ 14,480.20 one -sixth (16.7%) the cost of the officer for FY 03/04. The National City Police Department will provide the Sweetwater Union High School District with a weekly log which accounts for the time of the part time officer. Memorandum of Understanding Page Four This memorandum of understanding, Provisions A. through F. will be effective from July 1, 2003 to June 30, 2004. Provision G of this memorandum of understanding will be contingent upon the National School District and the City of National City signing a joint funding memorandum of understanding to pay the balance of costs of the officer assigned part time to the Sweetwater Union High School District that are not paid for by the Sweetwater Union High School District. Provision G. will become effective upon signature of the joint funding memorandum of understanding between the National School District and City of National City, but no earlier than July 1, 2003 and will remain in effect until June 30, 2004. The total amount of funds due per this agreement from the Sweetwater Union High School District to be paid to the Finance Director of National City will be the amount of $144,541.90 - Salary/Benefits one officer (100%) $ 86,707.80 - Salary/Benefits one officer (50%) $ 43,353.90 - Salary/Benefits one officer (16.7%) $ 14,480.20 Total funds due: $ 144,541.90 One half of this amount, or $ 72,270.95, will be paid no later than January 1, 2004. The remaining half, or $ 72,270.95, will be paid no later than May 1, 2004. This memorandum of understanding shall supersede all previous memorandums of understanding between the Sweetwater Union High School District and the City of National City. SWEETWATER UNION CITYF NATION HIGH S HOOL ISTRICT B By: Date:63 Date: ir— Board Approval Date: 7/26/03 Item: C-2 Z CITY A- c National City Police Department School Resource Officer Program Fiscal Year July 1, 2003 to June 30, 2004 SALARY INCREASE EFFECTIVE DATES July 8, 2003 (Start of MOU July 1, 2003) January 6, 2004 (End of MOU June 30, 2004) TOTAL PACKAGE SALARYBENEFITS (100 % for one SRO) $ 85,933.74 $ 87,481.91 (Salary increase of $1,548.17 /year) Based on the above salary/benefits figures, the MOU will reflect the increase that will occur during the contract. The breakdown for one School Resource Officer is as follows: July 1, 2003 to January 5, 2004 $ 85,933.74 January 6, 2004 to June 30, 2004 ($ 1,548.17 / 12 months = $ 129.01 $ 129.01 x 6 months = $774.06) $ 774.06 TOTAL: $ 86,707.80 The total amount of funds due for the upcoming agreement from the Sweetwater Union High School District to be paid to the City of National City will be as follows: ➢ Salary/Benefits one officer (100%) ➢ Salary/Benefits one officer ( 50%) ➢ Salary/Benefits one officer (16.7%) Jose Tellez, Sergeant National City Police Dept. $ 86,707.80 $ 43,353.90 $ 14,480.20 TOTAL DUE: $ 144,541.90 11 MEETING DATE 9-16-03 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE 90-DAY EXTENSION OF EXISTING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) ALLOWING MTDB TO REGULATE PARA TRANSIT VEHICLES (TAXICABS, ETC.) OPERATING IN THE CITY OF NATIONAL CITY. PREPARED BY Park Morse (336-424 EXPLANATION Acting City Manager DEPARTMENT City Manager The May 6, 2003, Council Agenda contained an item from the Police Department recommending the renewal of an agreement with MTDB (Metropolitan Transit Development Board) regulating paratransit/taxicab service in the City. The then proposed renewal would have been for a successor 5-year period. At the May 6, meeting , the City Council elected to defer the item while certain policy issues were addressed. As a result, a temporary 90-day agreement extension was brought forward at the July 1, City Council meeting. At that time an extension until September 30, 2003, was approved. The September 30 agreement expiration is approaching. Staff understands that the policy issues may not yet be fully resolved and in that light an additional 90-day extension to the MTDB agreement may be appropriate at this time. The City Attorney has crafted a resolution authorizing an additional 90-day extension, and it is attached to this agenda report . The proposed extension will be slightly different in it's execution from the first extension because of timing. There is not sufficient time to bring this proposed 90-day extension before MTDB between now and the September 30, expiration date. Accordingly, Staff has designed the process so that if City Council adopts this agenda item tonight, authority will be delegated to the Mayor to execute a new 90-4 extension agreement which will be drafted and forwarded to MTDB after tonight's City Council Meeting. Environmental Review / N/A Financial Statement No financial impact. Account No, STAFF RECOMMENDATION Authorize the Mayor to approve contract for 90 days. BOARD I COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed 90-day extension Resolution Agenda packet from 7/1/03 Council Meeting Resolution No. 2003-130 A-200 (9/80) RESOLUTION NO. 2003 —130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION TO AN AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the San Diego Metropolitan Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003, and from June 30, 2003 through September 30, 2003; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through December 31, 2003. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to' execute the Extension of Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Fourth Amendment to Agreement shall be kept on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, CityClerk George H. Eiser, Ill City Attorney .EETING DATE JULY 1, 2003 (-ITEM TITLE EXTENSION OF EXISTING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) ALLOWING MTDB TO REGULATE PARA TRANSIT VEHICLES (TAXICABS, ETC.) OPERATING IN THE CITY OF NATIONAL CITY. City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 14 PREPARED BY LT. RAY ALLEN EXPLANATION Ext.4514 DEPARTMENT POLICE In July, 1998, the City extended for five (5) years an agreement with the MTDB allowing MTDB to regulate para transit vehicles operating in the City. The agreement expires June 30, 2003. A new contract for an additional five years was originally on the council agenda for the May 6, 2003 meeting and taken off of the agenda because of questions about the contract. The agreement attached to this Council Agenda Statement is an extension of the existing agreement for 90 days, July, 1, 2003 through September 30, 2003. This extension of the existing agreement will allow MTDB to regulate and license the para transit vehicles operating in the City of National City until all concerns are addressed. With approval of this extension of the existing agreement, MTDB continues the licensing and regulation duties at no cost to the City. Advantages of contracting with the MTDB for this service include: I) Reduce potential City Liability; 2) Schedules inspections of vehicles by trained mechanics; 3) Proactive enforcement of rules and regulations pertaining to rates, operation of vehicles, licensing, proper equipment, etc. by trained MTDB employees; 4) A system to handle passenger complaints; and 5) A set of administrative appeals procedures. The cities of El Cajon, Imperial Beach, Lemon Grove, Poway, San Diego, and Santee also have agreements with MTDB for the same services. Environmental Review Financial Statement No Financial Impact LSTAFF RECOMMENDATION X NIA Account No. Authorize the City Manager to approve contract for 90 days, July 1, 2003 through September 30, 2003. BOARD ! COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 2003-98 I) A San Diego Metropolitan Transit Development Board "Extension of Existing Agreement With MTDB To Regulate Taxicabs And Other For -Hire Vehicles Within The City of National City. A-200 (9/80) RESOLUTION NO. 2003 - 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF TO AGREEMENT FOR ADMINISTRATION•OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the. San Diego Metropolitan Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through September 30, 2003. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Extension of Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July, 2003. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Metropolitan Transit Development Board`- 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 June 23, 2003 Mr. Tom McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. McCabe: ADM 121, TAXI 590.8 (PC 30110) Subject: EXTENSION OF EXISTING AGREEMENT WITH MTDB TO REGULATE TAXICABS AND OTHER FOR -HIRE VEHICLES WITHIN THE CITY OF NATIONAL CITY We propose to continue MTDB's services related to regulation of National City's taxicab, charter, jitney, nonemergency medical, and sightseeing vehicles. Accordingly, per your request, we agree to temporarily extend the current agreement for 90 days, from July 1, 2003, through September 30, 2003. On July 1, 1991, the City of National City and MTDB first entered into an agreement authorizing MTDB to regulate taxicabs and other for -hire vehicles within the City of National City. The current agreement will expire on June 30, 2003. I have designated Regulatory Specialist Irma Carrillo -Morales as our contact person. Please telephone her at 619.595.7039 if you have any questions or need assistance concerning extending this agreement. Upon city approval and execution of the enclosed extension agreement, please return the copy stamped "original" to Jeanne Yamamoto at MTDB. Sincerely, Thomas F. Larwin General Manager SChamp/CITY RENEWALS/L-EXTEND.NATLCITY.ICARRI Enclosure: Proposed Extension of Current Agreement cc: Irma Carrillo -Morales Lt. Roy Allen, National City Police Department Member Agencies: <�- City of Chula Vista, City of Coronado, City of El Cajon, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Poway, City of San Diego, City of Santee, County of San Diego, State of California Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and the ll Taxicab Administration Subsidiary Corporations: i� San Diego Transit Corporation, (=1 San Diego Trolley, Inc., and I M,San Diego & Arizona Eastern Railway Company For personal trip planning or route information, call t-800-COMMUTE or visit our web site at sdcommute.com! ORIGINAL MTDB Doc. No. T0095.3-92 TAXI 590.8 (PC 30110) EXTENSION OF CURRENT AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS THIS AGREEMENT is entered into by and between the City of National City, a municipal corporation (herein called. "City"), and the San Diego Metropolitan Transit Development Board, a public agency (herein called "MTDB"), for a period of 90 days from July 1, 2003, through September 30, 2003. WHEREAS, MTDB is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC) to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUG Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and on May 23, 1995, extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003; and WHEREAS, City and MTDB desire to temporarily extend the current agreement for a period of 90 days, through September 30, 2003. NOW THEREFORE, in consideration of the above, City and MTDB agree as follows: 1. MTDB will adopt, administer, and enforce its taxicab and other for -hire vehicles ordinance, policies, and regulations as in effect on July 1, 2003, and as thereafter from time to time amended by MTDB, and thereby regulate such vehicles and transportation services rendered wholly within City's corporate limits during the period ending September 30, 2003, pursuant to PUC - Section 120266. 2. MTDB will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by MTDB taxicab and other for -hire vehicles Ordinance No. 11 policies, and regulations. 3. The City Manager and MTDB General Manager may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation and to provide for reimbursable staff and legal support services. IN WITNESS THEREOF, this extension to the agreement is executed by City acting by and through its City Manager pursuant to Council Resolution No. and by MTDB acting through its General Manager. Dated this day of 2003. CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Tom McCabe City Manager Thomas F. Larwin General Manager WE HEREBY APPROVE the form and legality of the foregoing Agreement City Attorney Date: SChamp/CITYRENEWAL EXTEND.NATLCITY.ICARRI 6/23/03 Office of the e I Counsel Date: (o • 9_14 •03 City of Natiortai City, California COUNCIL AGENDA STATEMENT lEETING DATE September 16, 2003 (-ITEM TITLE AGENDA ITEM NO. 11 Resolution seeking budget amendment to existing Capital Improvement Project to relocate the Data Center. PREPARED BY Bernard Ye EXPLANATION RT ENT CMO/MIS The Data Center MDF Reloca ion project (CIP 8033) is an existing CIP project from FY 02- 03, which we have held off because of the state budget issue. However with the Council approval to build the new Fire Station, we need to put the project back online to support the Fire department computer operation. Project will include room construction (wall, ceiling, floor and electrical); installation of plenum single/multi mode fiber optic, CAT 3/5 and coaxial cables, relocation and installation of MDF equipment, UPS systems and air-conditioning unit. This resolution is to seek budget amendment, to increase the existing project fund as indicated in the attached CM109. Environmental Review N/A Financial Statement Approved Bid Funds available in the Lease Escrow Account Fund Balance ($30,000) This amendment has no impact on General Fund accounts 631-409-500 8-803 Account e. STAFF RECOMMENDATION Finance Direc r Recommend approval amend existing CIP fund as indicated in the attached CM109. S°ARO / COMMISSION RECOMMENDATION N/A l ATTACHMENTS l tedl Below j 1. Resolution 2. CM109 A-200 (9 Resoi€�ti�n No. 2003-131 RESOLUTION NO. 2003 —131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF $30,000 TO RELOCATE THE DATA CENTER WHEREAS, the Data Center Main Distribution Frame ("MDF") Relocation Project (CIP 8033) is an existing Capital Improvement Project ("CIP") from fiscal year 2002-2003, which has been delayed because of the state budget issue; and WHEREAS, because the City Council has approved the new Fire Station Building Project, it is now necessary to relocate the Data Center to support the Fire Department's computer operation . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following a transfer of funds: FROM: Account No. 192-2501 Lease Escrow Fund Undesignated Fund Balance TO: Account No. Data Center MDF Relocation AMOUNT: $30,000 PURPOSE: To fund the relocation of the Data Center PASSED and ADOPTED this 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: � . George H. Eiser, Ill City Attorney CITY OF NATIONAL CITY CAPITAL IMPROVEMENT REQUEST Mid Year Amendment 1. Project Title Data Center MDF Relocation 2. Department Management Information Systems 3. Project Number 8033 4. Project Location National City — City Hall 5. Department Contract Bernard Yeo 6. Phone Number 336-4373 7. Project Description and Justification This CIP involves the relocation Data Center Main Distribution Frame (MDF). Project include the following: Construction of room to required data center specification. Installation of plenum single/multi mode fiber, plenum CAT3 and CATS cables, and Cable TV coaxial cable. Relocation and installation of SC wall/rack mounted fiber panel, CAT5 patch panel, and telephone backboard. Test and label fiber optic, voice and data cables. Installation and relocation of Uninterrupted Power Supply system, Air-conditioning unit, and Datalloice network equipment. 8. Project Detail Amount Amount Site Acquisition Construction $80,000 Design Other Total Cost $80.000 9. Financing Source and Budget Schedule Telecommunication Revolving Fund 631-409-000 Year 1 FY 03.04 Year 2 FY Year 3 FY Year 4 FY Year 5 FY $50,000 Telecommunication Revolving (Additional) 631-409-000 $30,000 Totals $80,000 10. Operating Cost Increase (Decrease) Personal Services Maintenance and Operation Capital Outlay (Not included above) Total Operating Cost Increase Year 1 Year 2 Year 3 Year 4 Year 5 11. Requesting Department Head Approval (Signature) - (Title) V' C 5'.APu`% (Date) CI 4010 Fern. t'RA_Ann if. .. cm" R City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE September 16, 2001 AGENDA ITEM NO. 12 (-ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NUMBER 7 FOR THE "NATIONAL CITY BOULEVARD FROM 14TH TO 18TH STREETS IMPROVEMENTS" PROJECT , SPECIFICATION NO. 02-7 PREPARED BY Stephen Kirkpatrick DEPARTMENT PUBLIC WORKS/ENGINEERING 336-4383 EXPLANATION The City of National City is planning to build a new public library on the east side of National City Boulevard between 14th and 15th Streets. The library will need a cable service installed which will necessitate trenching in National City Boulevard. The City is currently doing streetscape improvements on National City Boulevard from 14th Street to 18th Street. This change order installs approximately 260 linear feet of conduit for cable services at this time so that the new streetscape improvements will not be disturbed during the construction of the new library. The total amount of Contract Change Order Number 7 is $10,334.32, increasing the current cost of the project from $1,074,750.24 to $1,085,084.56. L. Environmental Review X NIA (Financial Statement Approved By This amount is within the estimated budget for this project. Funding is available through Account No. 160-461-505-221-0000 Finance Director Account No. STAFF RECOMMENDATION ADOPT THE RESOLUTION j BOARD / CO M I SIGN RE .O MENDATIO N/A ATTACHMENTS ( Listed Below 1 1.RESOLUTION 2. Contract Change Order No. 7 Resolution No, 2003-132 02-7 RESOLUTION NO. 2003 —132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 7 FOR THE STREET IMPROVEMENTS PROJECT FOR THAT SECTION OF NATIONAL CITY BOULEVARD BETWEEN 14TH TO 18TH STREETS (Engineering Specification No. 02-7) WHEREAS, on October 15, 2002, the City Council passed Resolution No. 2002-155, approving a contract between the City and Heffer Company, Inc. for the Street Improvements Project, Engineering Specification No. 02-7; and WHEREAS, the City has requested Change Order No. Seven to provide the trenching, conduit, and piping necessary to supply City facility fiber optic network connection, cable television, and gas and electrical services to the new library site prior to the completion of the streetscape improvements on National City Boulevard; and WHEREAS, Change Order No. Seven increases the current contract amount from $1,074,750.24 to $1,085,084.56, a difference of $10,334.32. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to approve Change Order No. Seven for the Street Improvements Project for that section of National City Boulevard located between 14th and 18th Streets, Engineering Specification No. 02-7. PASSED and ADOPTED this 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: K) George H. Eiser, III City Attorney CONTRACT CHANGE ORDER NO. 7 IGINAL DATE: 9/16/03 PROJECT: National City Boulevard 14th to 18th Street Improvements, Specification No. 02-7 TO: Patrick Heffler, President Heffler Company, Inc. 1800 McKinley Ave., Suite A National City, CA 91950 DESCRIPTION OF CHANGE: ct (shown below). 1Ills enw1g V1u01 1J wuuk..0 Lt., uu.1 ...,1 a, ........- .---.-__ . _ __ __-- - --.. Current Contract (CO #6) Adjusted Contract (CO #7) No Item Unit Bid t fly Unit Price Amount Unit Price Amount 1 Mobilization LS $13,000.00 $13,000.00 .$13,000.00 $13,000.00 2 Traffic Control LS 1 $39,475.00 $39,475.00 $39,475.00 $39,475.00 3 ClearingandGrubbing LS 1 $141,411.63 $141,411.63 $141,411.63 $141,411.63 4 Remove and Replace Street Section SF 11,000 $5.00 $55,000.00 $5.00 $55,000.00 5 Cold Milling SY 7,800 $1.75 $13,650.00 $1.75 $13;650.00 6 AC Overlay TON 950 $51.90 $49,305.00 $51.90 $49,305.00 7 Pavement Fabric SY 11,000 $1.05 $11,550.00 $1.05 $11,550.00 8 Install Curb and Gutter LF 1,730 $14.55 $25,171.50 $14.55 $25,171.50 9 Install Median Curb LF 2,095 $20.84 $43,659.80 $20.84 $43,659.80 10 Remove and Replace Cross Gutter EA 2 $8.49 $10,612.50 $8.49 $10,612.50 11 Construct Colored Concrete Sidewalk Paving SF 18,900 $5.75 $108,675.00 $5.75 $108,675.00 12 Construct Colored Concrete Driveway Paving SF 4,970 $7.56 $37,573.20 $7.56 $37,573.20 13 Construct Colored Concrete Median Paving SF 3,110 $5.61 $17,447.10 $5.61 $17,447.10 14 Raised Walkway (Pedestrian Ramp Detail 6, Sheet 6) EA 3 $4,550.00 $13,650.00 S4,550.00 $13,650.00 15 Street Light Pole Standard, Twin Acorn Type "A" EA 27 $5,675.00 $153,225.00 $5,675.00 $153,225.00 16 Street Lighting Electrical System LS 1 $41,500.00 $41,500.00 $41,500.00 $41,500.00 17 Replace Type 2 Detector Loop EA 31 $300.00 $9,300.00 $300.00 $9,300.00 18 Remove and Replace Curb Inlet Lid (Detail 5, Sheet 2) EA 2 $1,367.36 $2,734.72 S1,367.36 $2,734.72 19 Adjust Street Survey Monument Well and Cover to Grade EA 5 $500.00 $2,500.00 $500.00 $2,500.00 20 Traffic Striping and Signage LS 1 _ $4,648.00 $4,648.00 $4,648.00 $4,648.00 21 Adjust Manhole to Grade EA 7 $650.00 $4,550.00 $650.00 $4,550.00 Page 1 HEFFLEF. Change Order Request Detailed, Grouped by Each Number NATIONAL CITY BLVD 14TH TO 18TH IMPROVEMEProject # 02-7 NATIONAL CITY BLVD.BETWEEN 14TH AND 18TH Tel: 619-336-0800 Fax: 619-336-0806 STREET. Heffler Company, Inc. Change Order Request: 019 Date: 6/20/2003 To: Mike Long City of National City 1243 National City Blvd. National City, California 91950 From: Kenneth Bassler Heffler Company, Inc. 1800 Mckinley Ave. Ste. A National City, California 91950 € L,.�-maw M•b �^ air a '" �M `� .k��, yd''� tp-+ s ?,w w �.°w It 'i�w�,�',.«1»7�?".� �e�T':�+c #�.n� �3-.43�... �:z i ..�'d.z.:�. a'V..d yv ^ ... ve..f.'ur.i��l INSTALL APPROX 260 LF OF 2-2" CONDUIT, R&R CROSS GUTTER AREA, AND AC PATCH BACK S.S. 6/27/2003 5 10,334.32 Approved By: Signature Name Prolog Manager Printed on: 6/20/2003 Heffler Date IEET City of National City, California COUNCIL AGENDA STATEMENT DATE September 16, 2003 AGENDA ITEM NO. 13 ITEM TITLE Resolution to Join California Public Entity Insurance Authority (CPEIA) for Excess Workers' Compensation Insurance PREPARED BY Kassia W. Kossyta DEPARTMENT Risk Management, 336-4240 EXPLANATION Please see Attachment I Environmental Review Financial Statement X NIA There are sufficient funds budgeted Approved By: Finance Directo Account No627-41-000-440 STAFF RECOMMENDATION Join the California Public Entity Insurance Authority (CPEIA) and authorize signing the Memorandum of Understanding and the Joint Powers Agreement BOARD I COMMISSION RECOMMENDATION ATTACHMENTS Listed Below I Resolution No, 20D-1-133 Excess Workers' Compensation Insurance Outline Resolution To Join the California Public Entity Insurance Authority (CPEIA) ATTACHMENT I EXCESS WORKERS COMPENSATION INSURANCE I. Background Since self -insuring workers' compensation in 1979, the City of National City has purchased workers' compensation excess insurance. Beginning in 1985, it has been obtained as part of a group purchase through the city's insurance joint powers authority, SANDPIPA. Initially, the deductible or retention was $100,000; it has increased over the years. Last year, our retention with Employers Reinsurance Corporation (ERC) was $500,000 with a premium of $61,821. In January, ERC announced they were withdrawing from the California excess workers' compensation market. In August ERC notified us that our policy, which expires on October 1, 2003, would not be renewed. Hartford, a major insurer of public entities, also has left the California market. II. Insurance Market The workers' compensation market in California deteriorates daily. Costs have more than tripled in eight years while accidents have decreased. According to the California Department of Insurance workers' compensation, costs in 1995 totaled $9.62 billion and in 2001 it totaled $13.96 billion. This year they are estimated to reach $29 billion. In five years the average medical cost per claim increased 125%, from $13,845 in 1997 to more than $31,000 in 2002. In contrast, the average benefit to cover lost wages for injured employees in the same time period increased only 32%. Current legislative reform proposals will not impact premiums this year. The City is soliciting quotes from conventional insurers including AIG, Genesis and Midwest. However, these carriers only want to write accounts with retentions or deductibles starting at one million dollars. This is a bit steep for National City. To date, only Midwest has responded with a quote of $316,000 for limits of $10 million with a $1 million retention. III. Other Options A. Joint powers authority (JPA). The City currently participates in a joint risk sharing pool for excess liability claims, SANDPIPA. Members looked at adding workers' compensation and decided against it. When you join a risk sharing pool, you agree to the possibility of assessments in the future if the premium collected is insufficient to cover losses down the road. Workers' compensation claims have a longer life, an average of eight years compared to liability claims of three years. Pools depend on actuaries using regression analysis to determine premiums. Actuarial rates are an estimate based on loss history with certain factor, e.g. higher benefits and lower interest rates thrown in. They are not guaranteed and are often overly optimistic in terms of projections. The possibility of future assessments to cover unfunded losses is relatively high. The higher the funding confidence level, the better funded the pool. Applications were submitted to two insurance pools requesting coverage with a $500,000 self -insured retention (SIR) or deductible. Both pools provide $50 million in limits per occurrence. Premium quotes were received September 8, 2003. 1. California Public Entity Insurance Authority (CPEIA) was created in 2001 by the California Supervisors' Association of California Excess Insurance Authority (CSAC-EIA), a county group, to provide excess workers' compensation for cities, special districts, school and housing authorities. The CSAC-EIA has been providing coverage for counties since 1978. By payroll, it is one of the largest joint powers authorities in the United States. Labor Code 4850 benefits, continuing salary payments for police and fire are not counted toward the member's retention. Temporary disability payments are used instead. This helps increase the stability of the CPEIA although members have been assessed based on each member's percentage of premium in a 10-year period. The City Attorney has reviewed their membership documents. The premium of $82,348 is based on a 90% funding confidence level. 2. Local Agency Workers' Compensation Excess (LAWCXX has been in existence since 1992. Labor Code 4850 benefits apply toward the retention. Members are required to attend at least one board meeting a year in Vacaville, complete annual actuarial studies, and claim audits. Their biggest drawback is a three-year participation commitment with no rate guarantee. Assessments are calculated by policy year based on premium share. The City Attorney reviewed membership documents. The premium of $69,489 was based on an 80% funding confidence level. B. Going Bare: The City would not buy excess coverage and would be completely financially responsible for any workers' compensation loss. I recommend against it. Although the City's largest claim to date has reserves under the City's retention, a quadriplegic injury could cost $8 million or there could be an incident in which multiple employees are seriously injured resulting in a large loss. IV. Discussion Even though LAWCX offers more coverage, since they include Labor Code 4850 benefits toward the $500,000 retention, and their quote is less expensive than CPEIA, I recommend joining CPEIA for two reasons: First, although the LAWCX board of directors which sets the premiums, is made up of member cities, they require a three year participation commitment with no rate increase limits. The City Attorney has expressed concern regarding this issue. The second, CPEIA takes a more conservative approach to funding which decreases, although it does not eliminate the possibility of future assessments against National City. RESOLUTION NO. 2003 —133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING PARTICIPATION IN THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY (CPEIA) WHEREAS, pursuant to Government Code Section 6500 et seq., the City of National City is authorized to enter into a joint powers agreement with other public agencies; and WHEREAS, it is proposed that cities and special districts throughout California join together to create the California Public Entity Insurance Authority (CPEIA) to provide "pooled funding" of workers' compensation insurance benefits and costs; and WHEREAS, the City of National City has decided to join and become a member of the CPEIA; and WHEREAS, as a member of the CPEIA, the City has also decided to join the Excess Worker's Compensation Program of the CSAC Excess Insurance Authority (EPA). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. The City of National City hereby approves and authorizes participation in the California Public Entity Insurance Authority (CPEIA). 2. The Joint Powers Agreement creating the California Public Entity Insurance Authority is hereby approved, and the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City. Said Agreement is on file in the office of the City Clerk. 3. The Memorandum of Understanding (MOU) between the CPEIA and the CSAC EIA is hereby approved, and the Mayor is hereby authorized and directed to execute the MOU on behalf of the City. Said MOU is on file in the office of the City Clerk. 4. The Mayor is also authorized to execute any other document(s) on behalf of the City that may be necessary or appropriate to enter into and implement the Joint Powers Agreement and the Memorandum of Understanding on behalf of the City of National City. Resolution No. 2003 —133 September 16, 2003 Page Two 5. The Risk Manager of the City of National City is hereby appointed as the City of National City's representative on the CPEIA Governing Board, and the Senior Assistant City Attorney of the City of National City is hereby appointed as the City of National City's alternate representative on such Governing Board. PASSED and ADOPTED this 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT AAiEETING DATE September 16, 2003 r 14 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 28 CONDOMINIUM UNITS ON THE WEST SIDE OF INTERSTATE 805 BETWEEN PLAZA BOULEVARD AND E. 12T" STREET. (APPLICANT: THE OLSON COMPANY). (CASE FILE NOS. S-2003-3/PD-2003-2/IS-2003-2). Roger Post (336-4310) Planning PREPARED BY /�DEPARTMENT EXT. EXPLANATION �"` The Council voted to approve this item at the September 2, 2003 meeting. The attached resolution is necessary to follow through on the action. Environmental Review Financial Statement N/A X N/A Categorical ExemptiorMIS Approval STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below l Resolution -200 (Rev. 7/03) Approved By; Finance Director Account No. Resolution No.. 2003-134 RESOLUTION NO. 2003 — 134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 28 CONDOMINIUM UNITS ON THE WEST SIDE OF INTERSTATE 805 BETWEEN PLAZA BOULEVARD AND E. 12TH STREET. APPLICANT: THE OLSON COMPANY CASE FILE NOS. S-2003-3/PD-2003-2/IS-2003-2 WHEREAS, application was made for approval of a tentative subdivision map and Planned Development Permit for 28 condominium units on property generally described as: A portion of 80-acre Lot 2, in Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map made by Morrill, No. 166, filed in the Office of the County Recorder of San Diego County, WHEREAS, the Planning Commission of the City of National City, California, considered said applications and proposed Negative Declaration No. IS- 2003-2 at a public hearings held on August 4, and August 18, 2003, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications and proposed Negative Declaration No. IS-2003-2 at a public hearing held on September 2, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2003-3, PD-2003-2 and IS-2003-2 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 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 Council of the City of National City, California, that it hereby approves the tentative subdivision map and Planned Development Permit for 28 condominium units on the west side of Interstate 805 between Plaza Boulevard based on the following findings: Resolution No. 2003 —134 September 16, 2003 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION 1 Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, at a density of 16 units per acre, is consistent with the uses and density, which is 22.9 units per acre, allowed in the General Commercial (CG) Zone, and since there is no specific plan applicable to the property. }t. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on - site, and finally since the development mostly follows the existing contours of the site minimal grading will establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the attached two-story units will buffer an established single-family neighborhood adjacent to the north from commercial development and traffic along Plaza Boulevard, and since site improvements will provide building sites with adequate slope for driveway access to each unit. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. Resolution No. 2003 —134 September 16, 2003 Page Three 9. The subdivision has been considered by the City Council with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the rectangular shaped 1.7 acre property can accommodate development of 28 two-story townhouses with two -car garages, six on -site guest parking spaces, private access driveways, and common landscape areas. 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 nearby local residential streets (11th and 12th Streets and R Avenue) and the local collector street (Palm Avenue) all have sufficient capacity to handle the additional 220 average daily trips without suffering a decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the adjacent multifamily and commercial development, and since the project will buffer the established single-family neighborhood to the north from the commercial activity on Plaza Boulevard. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for moderate and middle income families, allowing for mobility in the housing market. FINDINGS FOR APPROVAL OF THE MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property shape, topography and location, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other Resolution No. 2003 — 134 September 16, 2003 Page Four property in the vicinity and under the identical zone classification, since potential development of the site is forced towards the north and west property lines by the sloping topography of the site, the presence of two existing wireless communications facilities located along the east property line, and the close proximity and relationship of the site to the Interstate 805/Plaza Boulevard interchange. Additionally, the presence of the two existing wireless communications facilities and the sloping topography reduce the potential to provide functional on -site recreation areas. 2. That the requested exceptions are 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 an adjacent apartment building, subject to the same development standards as the proposed project, is developed within the front yard and side yard setback areas, and provides less than required open space. Additionally, several nearby multistory commercial buildings in the same zone are built to within 10 feet of 12th Street. 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since multifamily residential development is permitted in the General Commercial -Planned Development (CG-PD) Zone with an approved Planned Development Permit. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-2003-2 together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and Planned Development Permit for 28 condominium units on the west side of Interstate 805 between Plaza Boulevard and E. 12th Street is hereby approved subject to the following conditions: 1. This Tentative Map and Planned Development Permit authorize a condominium project of 28 townhouses for individual sale. Except as required by conditions of approval, all plans submitted for permits associated Resolution No. 2003 — 134 September 16, 2003 Page Five with the project shall conform with Exhibits A -revised, B-revised, and Exhibit C, Case File no. S-2003-3/PD-2003-2 dated 6/6/2003 for Exhibits A -revised and B-revised and 5/21/2003 for Exhibit C. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, except along Plaza Boulevard. The applicant shall coordinate the selection of the planting palette for the landscape areas adjacent to Plaza Boulevard with the City consultant preparing the Filipino Village plan, and landscape these areas accordingly. 3. A trash enclosure shall be provided in accordance with City standards, if individual trash service is unavailable. It shall have a stucco exterior to match the buildings. 4. If feasible, a direct pedestrian staircase shall be provided between the proposed development and Plaza Boulevard. 5. The applicant shall coordinate on the design of the retaining wall along Plaza Boulevard with the City consultant preparing the Filipino Village plan. 6. All exterior retaining walls shall be planted with vines where determined appropriate by the Planning Director. 7. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. Resolution No. 2003 — 134 September 16, 2003 Page Six 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. 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. 11. Mechanical ventilation will be provided by forced air units, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. A minimum of 15 CFM of outside air intake will be supplied per occupant in accordance with Section 1203.3 of the 1997 UBC. 12. Roof ceiling construction will be roofing on plywood, batt insulation will be installed in joist spaces, and the ceilings will be one layer of 5/8 inch gypboard nailed direct, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 13. All exterior walls will be 2 by 4 studs with batt insulation in the stud spaces, exteriors will be plaster or stucco, and the interiors will be 5/8 inch gypboard, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 14. All east, north and south facing windows and glass doors in the four units closest to Interstate 805 should be glazed with STC 32 glazing, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. Additionally, all south, east and west facing windows and glass doors in the seven units closest to Plaza Boulevard should be glazed with STC 32 glazing, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. The glazing supplier should be required to submit test reports documenting the STC ratings. The test report should be done in an independent, accredited testing laboratory in accordance with ASTM E90. 15. All entry doors should be 1 3 inch solid core wood doors with vinyl weatherstripping on the sides and top, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 16. There should be no mail slots in the entry doors, unless an acoustical consultant determines an alternative solution ,to be adequate to comply with recommendations of the Noise Study. 17. Any optical viewing devices installed in the entry doors should be the same thickness as the doors, the holes for these devices should be sized so that there is not more than 1/16 inch clearance between the device and the door, Resolution No. 2003 —134 September 16, 2003 Page Seven and the viewing device should be installed in a film of non -hardening sealant that completely fills the clearance between the device and the door, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. G.E. Silicone, U.S. Gypsum Acoustical Sealant or Tremco Acoustical Sealant or an approved equal should be used. 18. There should be no ventilation openings in the exterior walls or roof/ceilings without approved acoustical baffles, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 19. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 20. Exterior walls of buildings/walls/fences/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 21. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 22. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 23. The Engineering Department has reviewed and concurs with the conclusions and recommendations of the soils report conducted by Geocon dated April 4, 2003. As a minimum, the parking lot pavement Resolution No. 2003 — 134 September 16, 2003 Page Eight sections shall be 2 inch A.C. over 4 inch Class II aggregate base. Soils report findings and recommendations are part of the Engineering Department requirements. 24. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 25. The deteriorated portions of the existing street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 26. The driveway on Plaza Boulevard shall be an alley entrance type driveway with pedestrian ramps in the sidewalk. 27. The Engineering Department has reviewed and concurs with the conclusions and recommendations of the traffic report conducted by Linscott, Law and Greenspan dated May 1, 2003. The conclusions and recommendations are a part of the Engineering Department requirements. 28. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 29. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 30. Street improvements shall be in accordance with City Standards. All missing street improvements (approximately 60' of sidewalk) shall be constructed. Abandoned driveway aprons (on 12th Street) shall be replaced with curb, gutter and sidewalks. 31. A title report shall be submitted to the Engineering Department, after Planning Commission approval, for review of all existing easements and the ownership at the property. 32. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 33. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. Resolution No. 2003 —134 September 16, 2003 Page Nine 34. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 35. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 36. The final map shall be recorded prior to issuance of any building permit. 37. All new property line survey monuments shall be set on private property, unless otherwise approved. 38. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 39. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 40. The emergency access driveway from Plaza Boulevard must be blocked to daily traffic. 41. An encroachment permit must be obtained from the CALTRANS Permits Office for any work within the agency's right-of-way. 42. All roadway features (signs, pavement delineation, roadway surface, etc.) within the State right-of-way must be protected, maintained in a temporary condition, or restored. 43. Increased site runoff to existing state facilities is prohibited. 44. Before this Tentative Subdivision Map approval and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map approval and the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Resolution No. 2003 — 134 September 16, 2003 Page Ten 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. 45. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and,. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE 9-16-03 �ITE M TITLE STREET TREE COMMITTEE MINUTES. l PREPARED BY Miguel Diaz EXPLANATION X4288 Street Tree Removals AGENDA ITEM NO. 15 DEPARTMENT Parks & Recreation 1817 Cleveland Avenue Requests removal of 2 trees located on the north side of the building because the roots ar causing blockage to our drainage pipes. Committee recommends removal and replacement of two trees upon payment of $50.00 for each replacement tree for a total of $100.00. Adjacent trees will also be trimmed. 2211 East 1st Street Requests removal of 1 tree because the roots will be causing plumbing problems in the future as what her plumber informed her. In addition it would be easier to clean her area Committe recommends removal and replacement upon payment of $50.00 fee for replacement tree. 2006 Harding Avenue Request removal of 1 tree out front of her home in an alley/dirt road because it has caused serious damage to supporting wall and is also an eye sore. Committe recommends removal and replacement upon payment of $50 for replacement tree. Environmental Review N/A Financial Statement Replacement funds available in Acct. #105-442-000-331-0000 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve minutes. BOARD / COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS ( Listed Below ) Resolution No. Minutes P, 200 A9 99 � 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 AUGUST 21, 2003 • Called to order at 2:00 p.m. • Present: Cesena, Keen, Schwitkis ; Staff: Miguel Diaz. • Tree Removal Requests: Darla Hofmann Hydraulic Service, Inc 1817 Cleveland Avenue Request removal of 1 tree located to the north side of the building because the roots are causing blockage to our drainage pipes. Committee recommends removal and replacement of two trees upon payment of $50 for each replacement tree for a total amount of $100.00. Adjacent trees will be trimmed as well. Leonora Abellera 2211 East 1st Street Request removal of 1 tree because the roots will be causing plumbing problems in the future as what her plumber informed her. In addition it would be easier to clean her area. Committee recommends removal and replacement upon payment of $50.00 for replacement tree. Rosibel Paine 2006 Harding Avenue Request removal of 1 tree out front of her home in a alley/dirt road because it has caused serious damage to a supporting wall and is also an eye sore. Committee recommends removal and replacement upon payment of $50.00 for replacement tree. • Adjourned at 2:20pm. ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 16, 2003 AGENDA ITEM NO. 16 (-ITEM TITLE WARRANT REGISTER #10 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #10 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,373,727.44. BOARD I COMMISSION (-ATTACHMENTS { Listed Below ) 1. Warr Register #10 2. Workers Comp Warrant Register dated 08/27/03 3. Payroll Warrant Register dated 08/27/03 Resolution No. A-200 i9 99' 1 City of National City, California COUNCIL AGENDA STATEMENT METING DATE September 16, 2003 AGENDA ITEM NO. 17 ITEM TITLE WARRANT REGISTER #11 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #11 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 282,052.88 ' "t.. BOARD / COMMISSION ECOMMECIAT[N ATTACHMENTS (Liste Below ) �1. Warrant Register # 11 2. Workers Comp Warrant Register dated 09/03/03 Resolution No. A -too City of National City, California COUNCIL AGENDA STATEMENT .IEETING DATE September 16, 2003 AGENDA ITEM NO. 18 / ITEM TITLE CLAIM FOR DAMAGES: Alejandro Valdez PREPARED BY Michael R. Dalla, Civil DEPARTMENT EXPLANATION The claim of Alejandro Valdez arises from an occurrence on July 10, 2003 and was filed with the City Clerk's Office on August 15, 2003 r�rnental Review __ N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below N/A City Clerk Approved By: Finance Director Account No. Resolution No. :EETING DATE City of National City, California COUNCIL AGENDA STATEMENT *Refer to Item #6 September 16, 2003 AGENDA ITEM NO. 19 7-ITEM7-ITEM TITLE A RESOLUTION REMOVING THE COMMERCIAL PROPERTY LOCATED ON THE WEST SIDE OF HOOVER AVENUE BETWEEN 8TH STREET AND 9TH STREET FROM PARKING DISTRICT "C" PREPARED BY EXPLANATION Adam Landa 336-4580 DEPARTMENT Public Works/Engineering Mr. Robert Woods, from Sid's Carpet Barn, located at 132 W. 8th Street, is requesting that his commercial property on the west side of Hoover Avenue between 8th Street and 9th Street be removed from the Residential Parking District "C". The two existing dwellings have been removed from the lots and the area is now being used for employee parking. Since there are no longer residences on the property, the permit parking signs should be removed. There are no other residents on Hoover Avenue between 8th Street and 9th Street. The City Council approved the Public Hearing at its meeting of September 2, 2003 for this issue to be held on September 16, 2003 at 6:00 pm in the City Council Chambers. Notification has been given to the affected property owners and the Public Hearing will be noticed in accordance with law. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the Resolution be a. opted removing the commercial property located on the west side of Hoover Avenue between Stree / d 9th Street from Parking District "C". .tt BOARD / COMMISSION RE N/A ATTACHMENTS ( Listed Below ) Resolution No. 2003-135 L2.Resolution Council Agenda Item dated September 2, 2003 to Request a Public Hearing A 200 .G RESOLUTION NO. 2003 —135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING CITY ENGINEER TO REMOVE THE COMMERCIAL PROPERTY LOCATED ON THE WEST SIDE OF HOOVER AVENUE BETWEEN 8TH AND 9T" STREETS FROM THE RESIDENTIAL PARKING DISTRICT "C" PERMIT AREA WHEREAS, Robert Woods, from Sid's Carpet Barn located at 132 West 8th Street, requests that the commercial property on the west side of Hoover Avenue, between 8th and 9th Streets be removed from Residential Parking District "C"; and WHEREAS, the City Council held .a public hearing on September 16, 2003, and determined that since the dwelling units on the west side of Hoover Avenue, between 8th and 9th Streets have been removed, and the property is currently being used for employee parking, the property no longer meets the requirements of the Residential Permit Parking Policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting City Engineer to remove the west side of Hoover Avenue, between 8th and 9th Streets, from the Residential Parking District "C" Permit area. PASSED and ADOPTED this 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney (CNty National City, CallHont ai COUNCIL: AGENDA STATEMENT fit;-irt rfA E __Septamher.2,-20Q3- M TEVA L[TLE TY A REQUEST TRICTEC"LOCATED ONATRHE WESTSIDECOMMERCIAL THE REMOVAL OF SIDE OF HOOVER AVENUE BETWEEN 8TH STRREET ANDO PARKING DIST 9TH STREET DEPART EN Adam Landa EXPLANA40O 336-4580 h eet, is ng ebet Woods, on the west side of Hoover Avendat 132 ue betweenU8`BiStreet and 9th Streetlbe removed at his fromcommercialrproperty o nthe ResidentialParking bein'ggussedrict for'C". The employee parking. Sncedwellings there areenobeen longeroresidencesthe onlots the andro the area is g property, the permit parking signs should be removed. There are no other residents on Hoover Avenue between 8th Street and 9th Street. Staff recommends that the Public Hearing be set for September 162003a1att 6:00d e pm in thc e e City Cwunbe cil Chambers. Notification will be given to the affected propertyowners noticed in accordance with law. u ? f w_ ^ne s f,... N/A Have a Public Hearing. (,.Vi,ai . ,c N/A t ..=Letter 2. Location 3. Photos i5,,s v ia13iS r ((r.L Public Works/Engineering Approved y Finance Director t bNic� SID'S CARPET BARN, INC. CURTIS ALLAN FLOORCOVERING 132 W. 8TH STREET NATIONAL CITY, CA 91950 (619) 477-7000 FAX: (619) 477-6120 July 11, 2003 Public Works Director City of National City 1243 National City Boulevard National City, CA 91950 Dear Public Works Director: c) The purpose of this letter is to request the removal of aT"No Parking" sign located on the 800 block of Hoover Avenue, across the street from our business. P The no parking sign states that only those vehicles with a "C" area permit are allowed to park on the street between the hours of 7:00 am to 7:00 pm, Monday through Friday. An inquiry to the Public Works Department has determined that the signs were originally place there for residents who lived in the houses that were 816 and 822 Hoover Avenue. Those houses have since been razed, and we combined the two lots and built an employee parking lot which was completed in December of 2000. As there are no more residential buildings in the 800 block of Hoover Avenue, we request that the Public Works Department remove the posted signs that state the "C" area permit requirement. This would help alleviate some, of our customer parking during our busy times. Should you need any additional information from me or have any questions, please contact me at (619) 477-7000, extension 3011. Thank you for your assistance in this matter. Very truly yours, Le(„), < . LJ ROBERT C. WOOD, Vice President. Page 1 of 2 `-vW1N1 )t?\y S\TI-IMPA)7)(11)0O; 1P( 7/31/03 .EETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 16, 2003 *Refer to Item #7 AGENDA ITEM NO. 20 iITENI TITLE A RESOLUTION REMOVING THE COMMERCIAL PROPERTY LOCATED ON THE WEST 1 SIDE OF A AVENUE BETWEEN 18TH STREET AND 20TH STREET FROM PARKING DISTRICT "A" (EXCLUDING THE RESIDENCES AT 1922, 1928, AND 2122 A AVENUE) PREPARED BY Adam Landa 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION Mr. John Ball is requesting that his commercial property on the west side of A Avenue between 18th Street and 22nd Street be removed from the Residential Parking District "A". The residences located at 1922, 1928, and 2122 A Avenue will not be affected and will stay within the Parking District. The City Council approved at its meeting of September 2, 2003 the Public Hearing for this matter to be held on September 16, 2003, at 6:00 pm in the City Council Chambers. Notification has been sent to the affected property owners and the Public Hearing has been noticed in accordance with law. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the adoption of the resolution for the removal of the commercial property be removed from the parking district located onthe west side of A Avenue between 18th Street and 22nd Street (eUdi g, h esi. `ces at 1922, 1928, and 2122 "A" Avenue). BOARD / C MISS O RECOMMENDATION N/A ATTACHMENTS ( Listed Below t 1. Resolution 2. Council Agenda Item dated September 2, 2003 to Request a Public Hearing A-2C0 ..... Resolution No. 2003-136 RESOLUTION NO. 2003 - 136 RESOLUTION OF•THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING CITY ENGINEER TO REMOVE THE WEST SIDE OF "A" AVENUE BETWEEN 18TH AND 20th STREETS FROM THE RESIDENTIAL PARKING DISTRICT "A" PERMIT AREA (EXCLUDING THE RESIDENCES AT 1922, 1928, AND 2122 "A" AVENUE) WHEREAS, John Ball, of the Ball Automotive Group located at 1935 National City Boulevard, requests that the commercial property he has purchased on the west side of "A" Avenue, between 18th and 20th Streets be removed from Residential Parking District "A", excluding the residences at 1922, 1928, and 2122 "A" Avenue; and WHEREAS, the residences located at 1922, 1928, and 2122 "A" Avenue will not be affected and will remain within the Residential Parking District "A" Permit area; and WHEREAS, the City Council considered the request at a public hearing held on September 16, 2003, at which time oral and documentary evidence was considered. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting City Engineer to remove the west side of "A" Avenue, between 18th and 20th Streets, from the Residential Parking District "A" Permit area, excluding the residences at 1922, 1928, and 2122 "A" Avenue. PASSED and ADOPTED this 16th day of September, 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick Inzunza, Mayor Cite oif ll�ul ©eaII ,tt CIllitovnca COU MP, AGENDA STATE ENT 4L.FE` ILI Its C IIF. September 2, 2003 AGENDA MAW ISO, % t- ' !'y1A REQUEST TO SET A PUBLIC tiuII PROPERTY FROM PARKING DISTRICT "A" LOCATED STREET AND 20TH STREET AND THE EXPANSION AVENUE AND "D" AVENUE [PREPARED [} V Adam Landa 336-4580 HEARING FOR THE REMOVAL OF COMMERCIAL ON THE WEST SIDE OF "A" AVENUE BETWEEN 18T" OF THE DISTRICT ON 20TH STREET BETWEEN "A" ID EIPA TMENT Public Works/Engineering Mr. John Ball is requesting that his commercial property on the west side of "A" Avenue between 18th and 22n6 Streets be removed from the Residential Parking District "A". The residences located at 1922, 1928, and 2122 "A" Avenue will not be affected and will stay within the Parking District. The Council at their meeting on August 5, 2003 expressed an interest in expanding the District on 20th Street between "A" Avenue and "D" Avenue. It is requested that a Public Hearing be set for these two issues on September 16, 2003, at 6:00 pm in the City Council Chambers. Notification will be given to the affected property owners and the Public Hearing will be noticed in accordance with law. � I fir: P„,1 "' c 1], iI' :'ul3i. -:i11 PCn N/A % r., r h i - 1 i, `1'hfit i.�[ �t��tlii�inC;.�Rlll�/.I- I��h�_ Have a Public Hearing. 111,f In! 6 0: 1 N/A X till t,. 11. Letter from Ball Automotive Group dated June 23, 2003 2. Location Map %" Ip'IN, 1`o fired Finance Director to Automotive Group ON THE MILE OF GARS" ip June 23, 2003 Mr. Adam J. Landa City of National City Department of publicWorks ear Mr. Landa, est I am requesting that hich is used by the Ball Auside located on the tomotive side Group as vehicle storage lots 18thue located between St. and 20th St. side on the west side of A Ashouldvenue notberestricted to permit 2nd St. directly infront of the Ball Ronda service facility Avenue between b should not be restricted to permit parking. The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking_ I. appreciate your efforts in assisting Mr. George Quinn in his efforts to correct the designation of the locations described above,. Thank you. fiCUF Sincerely, ! John Ball President Ball Automotive Group \\Iaiioltdl lu i ini q`;0` 5i4 CRJOJ IT URRFNTLY REQUIRES PERMIT MIT REQUIRED . i7F'ST CF ANGE ON WEST:SIDE TO NO P RKIT REQUIRED FROM 21ST TO 22ND ST .. ON •r"A" AVF NO PERMIT REQUIRED 20TH TO 21ST ST ON wF°ST SIDE OF "A" AVE No z WEST SIDE OF AVE IT CURPENTLY REQUIRES PERMIT REQUEST TO EXTEND NO PERMIT REQIUIRF AT RFr FROM HILLCREST MANOR TO END OF BALL PROPERTY ON WEST SIDE OF ON "A' "A" AIR TO 20TH ST. CO NO PERMITREQUIRED R OF HILLCRFST MANOR AVF NATIONAL. CITY TRAFFIC SAFETY COMMITTEE GE.N®A REPORT FOR .DUL ITEM TITLE: REUEST FOR RTY FROM REMOVAL THE RESIDENTIALCOMMERCIAL PARKING rR��E DISTRICT 18TH STN THE REET OEST 22ND SSTDREET "A" AVENUE BETWEEN (BY: JOHN BALLI PREPA;-;E r ,--Y Adam J. Landa, Public Works Department DISCUSSION: Mr. John Ball, from Ball Automotive Group located at 1935 National City Boulevard, is requesting that his commercial property be removed from the andide Parking being used fore ehiclegs have storage.been Since hereremoved are no longer and the area is now being residents living on Ball's properties, the permit parking signs should be removed. STAFF RECOMMENDATION° oved m Residential recommends that Bllthe commercial no longerproperties meet the e requirements equirementsoof Residential Parking District "A" sincey Permit Parking Policy. EXHIBITS: 1. Letter 2. Location Map 2003-241 • Automotive Group "ON THE MILE OF CARS" ACURA June 23, 2003 Cr3 7- "77,73 rfA ' Mr. Adam J. Landa City of National City Department of publicWorks Dear Mr. Landa, I am requesting that the curbside located on the west side of A Avenue located between 18th St. and 20th St. which is used by the Ball Automotive Group as vehicle storage lots should not be restricted to permit parking. Also, the curbside on the west side of A Avenue between 2Ist St. and 22nd St. directly in front of the Ball Honda service facility should not be restricted to permit parking. The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking. i appreciate your efforts in assisting Mr. George Quinn in his efforts to correct the designation of the locations described above. Thank you. Sincerely, 7?iot_e e John Ball President Ball Automotive Group 19 5 IAat1C1nai l.11 y [3Oule rcf i'Iakio :=11 Cif. California 9195055IS OD 0/ IT TURPENTLY RF°QUIRJ:S P71RMIT PERMIT REQUIRED 7EQUPST CHANGE' ON WEST SIDE TO NO ?F;RMIT REQUIRED FPOi 21ST TO 22ND ST ON ''A" AVF A NO PERMIT P'FQUIP.ED 20TH TO 21ST STa ON 'T T SIDE OF "A" AVE No z wRST SIDE OF 110 -1hNO11 II A9V AVF IT CURPTNTLY RTQUIRES PERMIT REQUEST TO F;ATE§D NO PERMIT REQUIRED FROM HILLCRF'ST MANOR TO END OF AT BALL PROPERTY ON 'EST SIDE OF ON "A" AVE TO 20TH ST. NO PF;RMITREQUIRED OF HILLCRRST MAN0F. REAP yea q " AVE' C' City of National City, California COUNCIL AGENDA STATEMENT .JIEETING DATE September 16, 2003 AGENDA ITEM NO. 21 ITEM TITLE RESOLUTION 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) PREPARED BY DEPARTMENT Planning EXT. Roger P st (336 4310) EXPLANATION The Council voted to approve this item at the September 2, 2003 meeting. The attached resolution is necessary to follow through on the action. Environmental Review Financial Statement N/A STAFF RECOMMENDATION X N/A Categorical ExemptiorrIS Approval Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Resolution Approved By; Finance Director Account No. Resolution No. 2003-137 RESOLUTION NO. 2003 —137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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 City Council 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 the regularly scheduled City Council meeting of September.2, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. Z-2003-6 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, this 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 Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on September 2, 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 is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since on -site parking 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. Resolution No. 2003 —137 September 16, 2003 Page Two BE IT FURTHER RESOLVED that the application 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 shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. Resolution No. 2003 —137 . September 16, 2003 Page Three PASSED and ADOPTED this 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Asp George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 16, 2003 AGENDA IT NO. 22 ITEM TITLE PREPARED BY EXPLANATION The extended agreement entered into by the City for auditing services with Calderon, Jaham & Osborn aka Caporicci & Larson expired on June 30, 2003. If the City desires to extend this contract for the years ended June 30, 2004 and 2005, the fee will remain the same except for an annual adjustment by the lower of 5% or the Los Angeles -Long Beach CPI index as of November 30 of each respective year. The contract amount for FY 2004 is $45,496.50 and $47,771.33 for FY 2005. These amounts cover the audit services for the City, CDC and Morgan Towers. REQUEST FOR PROPOSAL (RFP) TO PROVIDE AUDIT SERVICES Marylou Matienzo Director of Finance DEPARTMENT Finance Ext. 433 The last Request for Proposal (RFP) to provide audit services was done in 1989 at which time the contract was awarded to Calderon, Jaham & Osborn. That same agreement was automatically extended by Council up to June 30, 2003 for a total of 14 years. Based on what other cities are doing the Finance industry standards for securing Request for Proposals (RFP) are usually done every 3 to 4 years. GFOA (Government Finance Officers Association) recommends government entities should enter into a multi -year agreement of at least five years duration when obtaining the services of independent auditors. This is a recommended good practice to assure Council that the audit conducted on the City's financial operations are cost effective, efficient and according to all the latest guidelines of generally accepted accounting principles and standards. This also removes any cast of doubt on the professional relationship of client -auditor. With the expiration of our audit services agreement on June 30, 2003, staff recommends and requests Council approval to do a Request for Proposal (RFP) to select an auditor for the combined audit of the City and CDC. Our current auditors will be included in the list of auditors to receive the Request for Proposal (RFP). The attached RFP will be used as criteria towards the selection of an audit firm. Environmental Review NIA. Financial Statement Not Applicable STAFF RECOMMENDATION Approve Request for Proposal to Provide Audit Services. BOARD I COMMISSION RECOMMENDATION ATT4CMME151TS g Listed Below Request for Proposal to Provide Audit Services. A-200 (9,99) Approved By; i ance IrBcto Account No. Resaiutian Id®, REQUEST FOR PROPOSAL (RFP) TO PROVIDE AUDIT SERVICES The City of National City invites you to submit a proposal to provide auditing services for a three (3) year period commencing with fiscal year ending June 30, 2004 up to and including fiscal year ending June 30, 2007, subject to the City's option to terminate the contract at the conclusion of each year of service within the contract period. The City desires to obtain the most efficient auditing services available at the most advantageous cost to the City. r, BACKGROUND A. City of National City The City of National City incorporated in• 1887, is a general law city with a council- manager form of government. It has a population of approximately 58,107. The total budget for fiscal year 2003-04 is $52.3 million. There are 344.76 full-time and part- time employees who provide a full array of municipal services, through the administrative, police, fire and community services depaitnients. The City's accounting system utilizes an EDEN SYSTEM, on-line, interactive, and follows a modified accrual basis. Encumbrances are utilized. There is no formal internal audit system. The National City Library is a separate internal control structure and is required to be audited separately. B. Community Development Commission (CDC) and related agencies The City Council of the City of National City exercises oversight responsibility over CDC and its related agencies all of which maintain operational autonomy from the City and have their own accounting systems. CDC is a redevelopment agency and a housing authority. The audit must comply with applicable State and Federal requirements. 1. CDC audit includes: a. National City Redevelopment Project. Agency operations in all areas of the city west of I-805. This audit includes two bond funds, Series A for $26.9 million and Series B for $11.6 million and a housing bond issue of $5.05 million. b. Community Development Block Grant Program: Federal Program 1999- 00 $1.4 million and Home Fund in the amount of $670,160. c. Kimball Towers. A 150-unit seniors housing facility. d. Housing Authority. Section 8 Certificate and Voucher Housing Program has about 1,044 units. e. Morgan Towers. 152 unit seniors housing facility. 1 f. National City Nutrition Project. Contract with County of San Diego Depaitn,ent of Aging and Independence Services. 275 noon meals per day, Monday through Friday at Morgan Towers and 65 home delivered meals each weekday. C. Bayshore Transit r, The above audits were conducted up to June 30, 2003. SCOPE OF SERVICES REQUIRED 1. In accordance with AICPA's GAAS and the NCGA and GASB pronouncements, an examination of all funds of the City of National City, Community Development Commission, Housing Authority, Morgan Towers and National City Nutrition Project. 2. Pursuant to the Single Audit Act, compliance audits are to be conducted on all federal grant funds. 3. Separate audit reports shall be prepared for the City of National City, Community Development Commission, Housing Authority, Morgan Towers, National City Nutrition Project, Kimball Towers and Bayshore Transit. 4. A management letter for each audit entity stating findings/observations and recommendations relating to the financial statements, internal control, accounting system, legality of actions, instances of non-compliance with laws and regulations, and any other material weaknesses. 5. The City is interested in obtaining the CSMFO "Outstanding Award" and the GFOA "Certificate of Achievement". The audit firm is expected to contribute towards the attainment of this goal. Financial statements and other information are to be provided by the respective audited entities. Fifty (50) copies of each audit report shall be delivered to the Director of Finance, City of National City, 1243 National City Blvd., National City, CA 91950 within 120 days after the end of the fiscal year subject to audit. AUDIT PROPOSAL The audit proposal should include the following information: 1. Title Page. Indicate the proposal subject, the name of the firm, local address, telephone number, the name of the contact person, and the date of submittal. 2 g. 2. Introduction. Briefly introduce your firm, indicating whether the firm is local, regional, national, or international. Identify the location of the office from which the work is to be done, provide a profile of the firm including the approximate number of professional staff employed at each level at this office. Indicate the name of the person(s) who will be authorized to make representations for and to bind the firm, their titles, addresses, and telephone numbers. 3. Proposal a. Briefly state your understanding of the work to be performed and state a commitment that your firm can comply with the requirements identified in the "Scope of Services Required" Section. b. With respect to financial audits, indicate that the examinations will be made in accordance with GAAS and that the primary purpose of the examination is to express an opinion on the financial statements taken as a whole. State that no extended services will be performed unless they are expressly authorized under the engagement contract or amendment there? i. c. With respect to compliance audits, indicate that in accordance with the standards of the applicable federal agency or other appropriate authority, the firm will select the necessary procedures to test compliance and regulations, and contracts. Describe how the firm keeps up to date on changes in federal & state laws affecting city governments. d. Describe the local office's capability to audit computerized systems. e. Describe the recent experience of the local office of audits similar in nature to the City's required audit. Provide names and telephone numbers of at least three of the client's officers responsible for the audits listed. Indicate the names of the individuals in your firm who will conduct the audit. Specify the relevant experience of these individuals. f. Describe the work plan to accomplish the scope of services required. Indicate time estimates, approximate timetables and staff assigned. Indicate the all-inclusive fee by fiscal year, further broken down by audit entities as follows: 1. City of National City 2. Community Development Commission 3. Section 7 Housing Program 4. Morgan Towers 5. Kimball Towers 6. National City Nutrition Project 7. National City Library 8. Bayshore Transit Also indicate the hourly fees to cover extraordinary services which you offer beyond those listed in the Scope of Services Required section. Also include optional costs for preparation of the State Controllers' Reports. 3 h. Briefly state any additional information which is relevant for considering the award of the Contract of audit services to your firm. EVALUATION CRITERIA The selection of the successful proposal will be based on the criteria contained in the attached Exhibit A. Proposals will be evaluated by the Director of Finance and the City Manager. The final; recommendation will be submitted to the City Council for award and approval of the contact. TERMS AND CONDITIONS All proposals will be held in strict confidence by the City, subject to legal requirements for disclosure such as the California Public Records Act. The City reserves the right to make an award without negotiation. For this reason, all proposers should submit their best offer initially. The City also reserves the right to ,filward a contract to the firm whose proposal is determined to be the most advantageous and in the City's best overall interest. The City reserves the right to accept or reject, without disclosure of reason, any or all proposals received in response to this RFP. The failure to make such a disclosure shall not result in accrual of any right, claim, of cause of action by any unsuccessful proposer against the City. The City further reserves the right to negotiate with any qualified proposer, or to cancel this RFP, in part or in its entirety, if it is in the best interest of the City. In the performance of the terms of this RFP, the proposer agrees that it will not engage in nor permit such subcontractors as the firm may employ, from engaging in discrimination in the employment of persons because of age, race, color, sex, handicap, national origin or ancestry, or religion. Causes for termination of the contract resulting from this RFP include out are not limited to the following: failure to promptly and faithfully provide the services required in this RFP; failure to cooperate upon receiving any reasonable request for information or service; and improper actions of the firm's officers or employees which, in the opinion of the City, would adversely affect the City's interest. Three (3) copies of the proposal must be received by the City in a sealed envelope no later than 5:00 p.m., October 31, 2003. Late proposals will be returned unopened. Proposals are to be submitted to: City of National City Attn: Marylou Matienzo, Director of Finance 1243 National City Blvd. National City, CA 91950 As this is a request for proposal, there will be no bidders' conference or bid opening. Clarification desired by a proposer relating to definition or interpretation of this RFP should be submitted in writing with sufficient time to allow a timely response prior to the proposal 4 submission deadline. Oral explanations or instructions shall not be considered binding on the City. Questions regarding the City of National City should be referred to the Director of Finance (619) 336-4330. Questions relating to CDC and its related agencies should be directed to the CDC Executive Director (619) 336-4253. It is anticipated that a selection will be made within 2 weeks from the proposal submission deadfine. By submitting a proposal in response to this RFP, the proposer agrees to all terms and conditions set forth above. Marylou Matienzo Director of Finance Cc: Paul Desrochers, CDC Executive 5 EXHIBIT A CITY OFNATIONAL CITY AUDITOR SELECTION CRITERIA Minimum Qualifications 1. Can the firm comply with the requirements identified in the Scope of Services Required section of the RFP? ar. b. Conduct financial audits in accordance with GAAS. Conduct compliance audits utilizing applicable compliance standards. c. Prepare annual reports to the State Controller. d. Prepare management letter. e. Complete audit within 120 days after year end. f. Complete the Comprehensive Annual Financial Report. 2. Is the proposer duly licensed? 3. Does the proposer meet the independence standard? Note: Only proposers meeting the basic qualifications will be considered for competitive selection. Determination as to ability to meet"basic qualifications must be evidenced by prior audit experience. No rating is applied to basic qualifications. Competitive Selection Criteria t I. Technical 1. Does the proposal evidence a clear understanding of the work to be performed, as reflected by: a. Realistic time estimates of each segment of the audit by each staff level. b. Realistic and appropriate work plan. c. A proposal addressing all the items in the RFP. d. A realistic cost upon an accurate performed, rates enable the propo bid price. estimate for the audit, which is based understanding of the work to be which are reasonable, and which will ser tb complete the audit within the 6 2. Does the firm show evidence of ability to perform audits of governmental accounting entities which utilize in-house EDP systems? 3. Does the firm provide additional information in the proposal which might indicate that there would be a long-term benefit to selecting their firm, such as: a. Ability to make suggestions and provide methods to an unqualified audit opinion. Ability to provide management services which may utilized in the future by the City. 4. Do the audit approach and the audit tools appear appropriate to the audit of the City/Agency? r II. Audit Firm 1. Is the location of the firm's office from which the audit is to be conducted convenient? 2. Does the firm have recent experience this nature? 3. Does the firm have sufficient staff in the event of employee 4 Does the firm have sufficient Management Services, technical 5. Does the firm show evidence of 6. Does the firm show evidence of local government audit? 7. Does the firm have a reputatio bond ratings? 8. Does the firm have significant experience? • in conducting audits of backup support of professional turnover? support staff (clerical, EDP, & advisory)? auditing. EDP based systems? continuing training in audit or n which would assist the City in overall breadth of audit III. Audit 1. What are the qualifications of the audit team and individuals who will conduct the audits, based on the following criteria? a. Experience in local government auditing. b. Education and continuing education. c. Years and type of experience. Page 2 7 d. Membership in professional organizations. e. Experience with EDP systems. f. Ability to identify weaknesses and propose improvements. 2. To what extent will the supervisor, manager, or partners participate in the audit? What is the availability of top staff members for consultation? 3. Does the audit team supply substantial breadth of experience to conduct the audit? Note: sThe proposers are assigned scores (0 to 10) for each of the Technical, Audit Firm, and Audit Team selection criteria and accordingly ranked based on total scores. Only the top five (5) ranking firms are rated further for Cost and Client Recommendations criteria. IV. Cost What is the relationship between the audit cost and the ability to meet the City's needs? Does the proposed cost accurately reflect an understanding of the scope of the audit? V. Client Recommendations 1. Do the firm's other clients have a positive recommendation? 2. Are the primary personnel involved in the clients' audits the same as those who are proposed for the City? 3. Are the auditors knowledgeable and professional? Do they listen to the client? 4. Does the client have access to all staff levels, even in non - audit periods? 5. Does the audit firm attempt to assist the City in solving problems/.related to the accounting system? 6. Are the fees reasonable? Does the firm submit additional billing for work which should have been anticipated by the firm and included in the regular billing? Does the firm enter into an engagement with a low first -year cost and then rail the fee in subsequent years? 7. Is the audit completed within predetermined time schedules? Page 3 8 GFOA Recommended Practice Audit Procurement (1996 and 2002) Background. The Government Finance Officers Association (GFOA) has long recommended that state and local governmental entities obtain independent audits of their financial statements performed in accordance with the appropriate professional auditing standards. Properly performed audits play a vital role in the public sector by helping to preserve the integrity of the public finance functions and by maintaining citizens' confidence in their elected leaders. Recommendation. GFOA makes the following recommendations regarding the selection of auditing services: • The scope of the independent audit should encompass not only the fair presentation of the basic financial statements, but also the fair presentation of the financial statements of individual funds and component units. The cost of extending full audit coverage to the financial statements of individual funds and component units can be justified by the additional degree of assurance provided. Nevertheless, the selection of the appropriate scope of the independent audit ultimately remains a matter of professional judgment. Accordingly, those responsible for securing independent audits should make their decision concerning the appropriate scope of the audit engagement based upon their particular government's specific needs and circumstances, consistent with applicable legal requirements. • Governmental. entities should require in their audit contracts that the auditors of their financial statements conform to the independence standard promulgated in the General Accounting Office's Government Auditing Standards even for audit engagements that are not otherwise subject to generally accepted government auditing standards. Governmental entities should enter into multiyear agreements of at least five years in duration when obtaining the services of independent auditors. Such multiyear agreements can take a variety of different forms (e.g., a series of single -year contracts), consistent with applicable legal requirements. Such agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain "start- up" costs over several years, rather than over a single year. • Governmental entities should undertake a full-scale competitive process for the selection of independent auditors at the end of the term of each audit contract, consistent with applicable legal requirements. Ideally, auditor independence would be enhanced by a policy requiring that the independent auditor be replaced at the end of the audit contract, as is often the case in the private sector. Unfortunately, the frequent lack of competition among audit firms fully qualified to perform public -sector audits could make a policy of mandatory auditor rotation counterproductive. In such cases, it is recommended that a governmental entity actively seek the participation of all qualified firms, including the current auditors, assuming that the past performance of the current auditors has proven satisfactory. Except in cases where a multiyear agreement has taken the form of a series of single -year contracts , a contractual provision for the automatic renewal of the audit contract (e.g., an automatic second term for the auditor upon satisfactory performance) is inconsistent with this recommendation. 9 • Professional standards allow independent auditors to perform certain types of nonaudit services for their audit clients. Any significant nonaudit services should always be approved in advance by a governmental entity's audit committee. Furthermore, governmental entities should routinely explore the possibility of alternative service providers before making a decision to engage their independent auditors to perform significant nonaudit services. • The audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditor's ability to perform a quality audit. In no case should price be allowed to serve as the sole criterion for the selection of an independent auditor. References: • Audit Management Handbook, Stephen J. Gauthier, GFOA, 1989. • An Elected Official's Guide to Auditing, Stephen J. Gauthier, GFOA, 1992. • Governmental Accounting, Auditing and Financial Reporting (GAAFR), Stephen J. Gauthier, GFOA. • Model Audit RFP Diskette, GFOA. • CPA Audit Quality: A Framework for Procuring Audit Services, General Accounting Office, August 1987. Approved by the Committee on Accounting, Auditing and Financial Reporting June15,2002 Adopted by Executive Board, October 25, 2002 10 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 16, 2003 AGENDA ITEM NO. 23 ITEM TITLE REPORT ON PROHIBITION AGAINST OUTDOOR ADVERTISING OF ALCOHOLIC BEVERAGES PREPARED BY EXPLANATION George H. Eiser, IIIDEPARTMENTCity Attorney (Ext. 4221) t Please see attached memorandum. 1 Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Resolution No. a-2OC , "' 'u..y �APo4�R� AO ry%l�lllln��.......i�n„11\\�\/ TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Mayor and City Council DATE: September 11, 2003 FROM: City Attorney SUBJECT: Prohibition Against Outdoor Advertising of Alcoholic Beverages Recently, the City Council initiated a review of the City's regulations on the sale of alcohol. As part of that process, I was requested to provide an opinion on the legality of a prohibition against outdoor advertising of alcoholic beverages. This question was recently considered by the United States District Court for the Northern District of Ohio, and that court's decision was affirmed by the United States Court of Appeals for the Sixth Circuit, in a case entitled Eller Media Company v. City of Cleveland, Ohio, (2003) 326 F.3d 720. At issue in the Eller case was an ordinance of the City of Cleveland that prohibited liquor advertising on billboards and other publicly visible signs. The Cleveland ordinance imposed a virtual ban on outdoor advertising of alcoholic beverages. The federal courts invalidated the ordinance on the grounds that it was pre-empted by state law, and unconstitutionally infringed upon advertising companies' First Amendment rights. The courts in the Eller case relied heavily upon the decision of the United States Supreme Court in Lorillard Tobacco Company v. Reilly, (2001) 533 U.S. 525, in which the Supreme Court invalidated strict, comprehensive regulations of the State of Massachusetts which, like the regulations considered in Eller, constituted a virtual ban on advertising of tobacco products. The Lorillard case is of major importance because it sets forth a four-part test for analyzing regulation of commercial speech, in which the following must be determined: 1. Is the speech protected by the First Amendment; 2. Is the governmental interest in regulating the speech substantial; 3. Does the regulation directly advance the governmental interest; 4. Is the regulation more extensive than necessary to serve that interest. ® Recycled Paper September 11, 2003 Page Two In both Lorillard and Eller, it was not disputed that the first and second steps of the analysis were satisfied. And in Lorillard and Eller, it was concluded that the third step was satisfied, in that the regulations pertaining to tobacco and liquor advertising, respectively, directly advanced the governmental interest involved. However, in both cases it was concluded that the fourth step was not satisfied, namely, the subject regulations were more extensive than necessary to serve the governmental interest involved. Based on the Lorillard and Eller decisions, it is my opinion that a general prohibition against the outdoor advertising of alcoholic beverages would be constitutionally invalid on First Amendment grounds. However, it is my opinion that the City's current practice of imposing conditions regulating the outdoor advertising of alcoholic beverages as part of the CUP process is constitutionally permissible, in that this type of regulation is not more extensive than necessary to serve the purpose of such regulations, which is primarily to discourage the use of alcoholic beverages by minors. t-` GEORGE H. EISER, Ill City Attorney GHE/gmo City of National City, California COUNCIL AGENDA STATEMENT .EETING DATESeptember 16,2003 AGENDA ITEM NO. 24 71TEM TITLE REQUEST TO USE THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY THE CHAMBER OF COMMERCE FOR THE POLICE OFFICER AWARDS DINNER, WAIVER OF FEES, AND PERMISSION TO SERVE ALCOHOL PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION The National City Chamber of Commerce is requesting the use of the Martin Luther King, Jr. Community Center on Saturday November 1, 2003 from 1:00 pm to 11:00 pm for the 9th Annual Centurion Awards Dinner honoring National City Police Officers. They are expecting approximately 200 people to attend the dinner. The Chamber is also requesting to serve alcohol for a "no host" bar prior to the dinner from 6:00 pm to 7:00 pm. Costs: Building: $ 879.70 Kitchen: 50.00 Custodial: 156.38 Total: $1086.08 A waiver of fees is also being requested. This an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center. Environmental Review X N/A / Financial Statement Approve By: Loss of $1086.08 to the general fund if waiver of fees is approved. Finance Director Account No. STAFF RECOMMENDATION Council decision on use of the center, waiver of fees and permission to serve alcohol. BOARD / CO =ON RECO tE DATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter from the Chamber of Commerce dated August 21, 2003 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechcimber@nationalcitychamber.org Web site: www.nationalcitychamber.org August 21, 2003 Stephen Kirkpatrick, Acting Director Public Works Department City of National City 1243 National City Boulevard National City, CA 91950 Dear Stephen: This is to request that the City waive fees and any other charges associated with using the Community Building for the 9th Annual Centurion Awards Dinner honoring National City Police Officer. The event will take place on Saturday evening, November 1, 2003. We expect an attendance of 175 to 200 people including Police Officers and their spouse or guest. The event will be catered. We will need to use the kitchen, tables and chairs, as well as the speaker system in the Community Building. All other equipment will be provided by the caterer. We would also like permission to have a "no host" bar prior to dinner from 6 to 7 p.m. Thank you for your consideration and support of this request. Sincerely, Edith A. Hughes Chief Executive Officer "Building For the New Millennium" APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: Business Address: Name of Applicant: Address: NATIONAL CITY CHAMBER OF COMMERCE 901 National City Boulevard - N.C. Edith Hughes 1104 Manchester Street - N.C. Telephone Number: day (619) 477-9339 Type of Function: Date Requested: evening (619) 475-6124 Centurion Awards Dinner honoring National City Police Officers Saturday, November 1, 2003 1:00 P.M. 4:00 P.M. Decorating Time: (am/m) to (am/pm) p 6:00 P.M. Function Time: (am/pm) to 9:00 P.M. (am/pm) 9:00 P.M. to11:00 P.M. (am/pm) Clean up Time: (am/pm) to am/ m Use of Kitchen: no x yes If yes, Time: 3 : oo P . M. (am/pm) 9 • oo P s+ ( p Number of Participants: 175 - 200 If yes, Amount $ for Will this be a fund raising event?No dinner only If yes, ABC Permit Submitted? licensed Caterer Will Admission be charged? yes Will alcohol be served? yes Certificate of Insurance attached? @n file with City Special configuration of tables or chairs required? to come Special equipment required? p_a„__ rem If yes, attach list. Copy of Rules & Regulations provided? t e,5 Initials e r7 Certificate of Insurance attached? i) (Id How many times in the last two years have you used the Community Center? 24 If applicable, how much did you pay for building and/or custodial fees? fee waived I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property faxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code. against Applicant's possessory interest in the Cit facilit Signature of Applicant! If yes, attach sketch. 1 (0 .. ate rev.02I03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization NATIONAL CITY CHAMBER OF COMMERCE Person in charge of activity Edith Hughes Address 901 National City Boulevard - N.C. Telephone (619) 477-9339 City facilities and/or property requested Date(s) of use Martin Luther King. Jr_ Commnnitsy renter Saturday November 1 7nn3 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City 'and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant C.E.O. Official Title Certificate of Insurance Approved by Name and Title Da e rev. 02/03 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 16, ?00'i AGENDA ITEM NO. 25 7 ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — N.C. CHAMBER -SAFETY FAIR C"1"—/ Buildingand Safety Claudia Caro, Permit TechTl, NT EXPLANATION This is a request from National City Chamber of Commerce in conjunction with the National City Police and Fire Departments to conduct a safety fair in Kimball Park. This is a family event, which includes public safety displays by various organizations. The displays include fire trucks, police vehicles, border patrol display and a kids ID booth. The event will take place on Saturday, October 4, 2003 from 10 a.m. until 2 p.m. The event is expected to attract approximately 3000 people. The Chamber requests that the City's 1925 Seagrave fire engine is on display for the event. The applicant has requested a waiver of all fees. The event qualifies for a waiver of fees pursuant to City Council Policy #704. 2 Environmental Review X N/A Financial Statement Approved By The City has incurred $220 in processing the TUP and $85 in Fire-DDepartment costs. TialiaLicdAtirector $305.00 Account No /A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the request for waiver of fees.. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. A -zoo i9 n"; CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING FIRE PUBLIC WORKS POLICE PARKS & REC. CITY ATTORNEY RISK MANAGER Chamber of Commerce Safety fair Saturday, October 4, 2003 10:00 a.m. to 2:00 p.m. YES [x] NO [ ] YES[x] NO[ ] YES [x] NO [ ] YES [x] NO [ ] YES [ ] NO [ x YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE 336-4550 1. A permit is required for the use of the 2 tents mentioned on the application. 2. Fire Department access must be maintained at all times. 3. R-1 is only to be used for a static display. It cannot be in a parade. 4. Right-of-way shall be given to all emergency vehicles. 5. No fire hydrants FDC's, fire department connections shall be blocked at any time. 6. Fire extinguishers with a 2A:10BC rating will be required at least every 75 feet. PUBLIC WORKS 336-4380 1. No involvement from streets. 2. Facilities maintenance (as read) no involvement is needed. PARKS & REC. 336-4290 1. No condition from Parks & Rec. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on all policies. (Done) 3. Execute standard hold harmless. (Done) 4. One million dollars for auto liability insurance including non -owned and hired auto. (Done) POLICE 336-4400 1. Police will be participating in the event and will provide adequate security. 2. No cost will be passed on to the Chamber; Police will cover their own costs. Type of Event: Public Concert Parade Motion Picture X Fair Demonstration Grand Opening Festival Circus Other Event Title: NATIONAL CITY SAFETY FAIR Event Location: Kimball Park Event Date(s): From Oct. 4 tel day Month/Day/Year Actual Event Hours: 1 0 am pm to 2 am Setup/assembly/construction Date: Oct . 4 Start time: 8 a . m . Please describe the scope of your setup/assembly work (specific details): Community Event Block Party 3000 Participants) Spectators) Total Anticipated Attendance: ( ( departments, police departments, border patrol, national HH D101a4931-ate:Oct. 4 Completion Time: 4 p.m, am List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. N.C. Chamber of Commerce' Sponsoring Organization: N C police DPpartmPnt NC Fire Department For Profit X Not -for -Profit Chief Officer of Organization (Name) Edith Hughes , C . E .O. Chamber of Commerce Applicant (Name): National City Chamber of Commerce Address:901 National City Blvd, National City, CA 91950 Daytime Phone: (61, 477-9339Evening Phone: (1 9) 475-61 24 Fax: (61 477-5018 Contact Person "on site" day of the event: Edith Hughes or Eric Burch Email edith@nationalcitychar> errii✓ Iular: 890-2128 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): X YES NO YES X NO $ 4,000 $ 4 P900 $ none Estimated Gross Receipts including ticket, product and sponsorship sales from this event. SPONSORSHIPS ONLY Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Family event - displays of emergency vehicles, fire trucks police vehicles, Border Patrol, National Guard . Navy, Kids ID booth, and other displays pertaining to public safety. YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 7 YES X NO Does the event involve the sale or use of alcoholic beverages? x YES NO Will items or services be sold at the event? If yes, please describe: canned sodas and bottled water YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. KIMBALL PARK ONLY XYES NO Does the event involve the use of tents or c nopiocl 0?canopies Number of tent/canopies 1 0 Sizes UU NOTE: A separate Fire Department permit is required for tents or canopies. YES XNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. D Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): D Portable and/or Permanent Toilet Facilities Number of portable toilets: 5 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) D Tables and Chairs D Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) D Booths, exhibits, displays or enclosures D Scaffolding, bleachers, platforms, stages, grandstands or related structures D Vehicles and/or trailers D Other related event components not covered above Y- Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: City & E1 , h containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: Senior Volunteer Patrol and reserves _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES x NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Emer will be present Please describe your Accessibility Plan for access at your event by individuals with disabilities: Street parking and parking on back lot at Kimball Park Please provide a detailed description of your PARKING plan: Street parking and parking on back lot at Kimball Park Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: not needed - NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES XNO Will sound amplification be used? If YES, please indicate: Start time: Number of Bands: am/pm Finish Time am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amPpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YESX NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 W REQUUEST 'VHF rrm.Y 1925 SEAGPAVE FIRE W\IGINE BE ON DISPLAY FOR THIS EVENT. 5 Event: for Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen. Trees, Director Building & Safety Department BUILDING AND SAFETY DEPT. RECEIVED SEP - 2 2003 NAMNAL CITY, CALIF 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization N.c. Chamber of Commerce, N.C. Fire Dept. and N.C. Police Dept. Type of Organization non-profit organizations (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) x No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. x No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. x No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. x No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: x No (P lease sign the form and submit it with the TUP Application) Signature September 2, 2003 Date 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City chamber of Commerce Person in Charge of Activity Edith Hughes Address 901 National City Boulevard,.National City, CA 91950 Telephone (619) 477-9339 Date(s) of Use October 4, 70n3 INSURANCE POLICY ON FILE WITH CITY HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. 7 Signature of Applicant LJ Chief Executive Officer September 2, 2003 Official Title Date 1-or Office Use Only Certificate of insurance Approved Date 7 11/21/02 THU 11:55 FAX 85 52 0004 HATEFUL/GE INS. —�5 1002 • p•a 5r ; P5a *I V..ar fLW +`� ...DATEtMMIDD/YYIl 1 /* •. %CORD y, 'y ' Cke'l� �t�r'�P =sGnFc'�_1 services Pkvy Fax No.05B-452-6000 Chamber CA 91950 TA/�..I'G .y3.,i. '.:s3;h.c..,,.+-.:. #300 ar '�'IJ 1, 1iiia1 r�--..111�{T"_1',+1CJ-'RAT . x e • "+ 1t ems. r. �pp ?R^Itk�' li ,"'4 , ' `i's..s ..4' .;,gy., 11/21�02 ., ISCE$a. THIS CERTIFICATE ONLY AND CONFERS HOLDER. THIS ALTER THE COVERAGE IS ISSUED AS A MATTER OF INFORMATION NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AMEND, EXTEND OR AFFORDED BY THE POLICIES BELOW. :vu•+'.rv.,i..:w,-_...�,:.i.Aia`.Y •RDouceR Insurance Nateridge InSorrento 10525 Vista su San Diego CA 92121 Ronald B. Guy Phone NA, 85B-452=2n0 INSURED National City Commerce 711 "Air Avenue National City COMPANIES AFFORDING COVERAGE coMPANY eland Casualty A Company .,. ` of y L ✓ , . hs,YeS*. SI .�, _ Z1•• 1,�:IiY,n.1.Cr.-�3� INSURANCE USTED BELOW NAVE BEEN ISSUED TERM OR CONDITION OF ANY CONTRACTOR THETNSURANCE AFFORDED BY THE POUCIES UNITS SHOWN MAY HAVE BEEN REDUCED COMPANY B cOMPANYC COMPANY 0 nFil 1 a ,,c, Iawi�lY'.'_i.l�+.e�..:.,J,�!'. TO THE INSURED NAMED ABOVE FOR THE OTHER DOCUMENT WITH RESPECT DESCRIBED HEREIN IS SUEJECT TO BY PAID CLAIMS.GO A.,.,r i5 ...h...-., .. . POLICY PERIOD TO WHICH THIS ALL THE TERMS, P .'I�r r r' I GOVEIi�GE3kL.;i,::, �IIY.�.i�,.CY{,1...5?_X.,IIL4:...citr�,:�...r4i�,L,ti, Isis IS TO CERTIFY THAT THE POLICIES OF INDICATED, NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE VAT BE ISSUEDOR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. EXCLUSIONS LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFF'ECMIE POLICY CATE(MMIDOPYY) EXPIRATION DATE IMMIODIYY) LIMITS A . • GENERAL X L LIABILITY COMMERCIAL GENERAL CLAIMS MADE l Al LIABILITY OCCUR PROT PAS038912516 09/22/02 GENERAL AGGREGATE s 4,000,000 $4,000,000 09/22. J3 - PDUGTS•COMP/OPAGG RO PERSONAL AADV INJURY S 2,000 000 EACH OCCURRENCE s 2,000,000 OWNER'S A CONTRACTOR'S ppe DALuOE IAID'one fine) S 2,000,000 MED ExP (Any one penml $10 , 000 A AUTOMDBILE — X _ X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS PAS038912516 09/22/02 09/22/03 COMBINED SINGLE LIMIT A1,000,000 BODILYINJURY— (PEF parsm) S BODILY INJURY (Per socldan0 s PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT S OTHER THAN AUTO ONLY/ �ySy7'fgRbslgi.;.'1}iv�" �nyV EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE A AGGREGATE $ I`yy�',iS-��,..L WORKERS EMPLDYERE' THE PARTNERSIEXECUTNE OFFICERS COMPENSATION LIABILITY PROPRIETOR/ ARE: AND INCL EXCL � IWcs NUN I IDTH.�s TORT LIMI>s ER �S T�J'�/`l`eI:'Fn� EL EACH ACCIDENT I EL DISEASE•POUCY UNIT s EL DISEASE - EA EMPLOYER E A OTHER Property Coverage PAS038912516 09/22/02 09/22/03 Building $111,000 Contents $42,000 DESCRIPTION *EXCEPT NAMED OP OPERATTONS/LOCATIONSNEHICLESISPECIAL ITEMS 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM. CERTIFICATE HOLDER IS As AN ADDTIIONAL INSURED. E7F-4rTF(L.LDii 14/1'4 110011110h1il{.1tihA GR NATLCI 1 12T3 OF NATIONAL CITY 1243 NATIONAL CITY BLVD, NATIONAL CITY CA 91950 7\ r9t,S'itTr9�i, '")ie n� r ,r+gxN�uu m•.T -.y � ^$T" f ,r 5 r. - TE ) • ,;�'r'[i .d�.'wa: 'I';.T a "" r'.`,s c >v` ^T,Ik.A. iin T 11 4,4 re.. .,,..,.�, .:era . ,. �.: r ALLSUa SHOULD ANY EXPIRATION 3 * DAYS kH d OF THE ABOVE DESCRIBED DATE THEREOF, THE Wn%g?%`I.„1!-nlFTaP a &-i.arl 4I -°. - POLICIES BE CANCELLED BEFORE THE ISSUING COMPANY WILL ENDEAVOR TO MAIL TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SHALL IMPOSE NO OBLIGATION OR LIABILITY ITS AGENTS OR REPRESENTATIVES. WRTFrEN NOTICE TO MAIL SUCH NOTICE UPON THE COMPANY, BUT FAILURE OF ANY151H0 AUTHORIZEDREPRESEN Ronald B. Guy r xyr un '', u . vA lLl r s`'iVr.::-% .../. ....,. ' vT'4_ ., ' .- 11 RA ili ,�. .:.r.. .:a-L_.:r_ 4b.��A- :w., ��..a City of National City, California COUNCIL AGENDA STATEMENT iEETING DATE September 16, 2003 26 AGENDA ITEM NO, ITEM TITLE TEMPORARY USE PERMIT — SDG&E — LIGHT BULB EXCHANGE PREPARED BY Claudia Caro, Permit Tec EXPLANATION Building and Safety This is a request from San Diego Gas and Electric to conduct a Light Bulb Exchange in the National City MLK Community Center parking lot on Saturday, October 25, 2003. The hours of the event are 10:00 a.m. until 2:00 p.m. The City of National City is a co-sponsor for the free community event. San Diego Gas and Electric will exchange regular light bulbs and halogen torchiere lamps for energy efficient light bulbs. They will also provide information on other programs. Public Works indicates that the parking lot needs to remain open on this day for participants in a Neighborhood Council Meeting breakfast, however SDG&E is willing to schedule their event at the conclusion of the breakfast. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement Approved B: The City has incurred $198.00 in costs in processing the T.U.P. application through NntlititPrOity Departments and grant the waiver of fees. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 i9 BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING PUBLIC WORKS RISK MGR. CITY ATTORNEY FIRE POLICE SPECIFIC Conditions of Approval: FIRE (336-4550) SDG&E/ City of National City Light Bulb Exchange October 25, 2003 10:00 a.m. until 2:00 p.m. YES [ x ] NO [ ] YES [ ] NO [x ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ 1 SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ 1 1. No emergency access shall be blocked at any time during this event. 2. All canopies shall be treated with flame retardant and have a State Fire Marshal's tag. 3. There shall be no open flames or smoking inside or adjacent to any tents or canopies. NO SMOKING signs shall be posted. 4. 2A:10BC fire extinguishers will be required at all cooking booths. 5. Maintain fire department access to all fire lanes, FDC's, hydrants, and connections. RISK MGR (336-4240) 1. Provide minimum limits of one million per occurrence of general liability insurance. 2. Execute standard hold harmless. CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and the National City Parking Authority and their officials employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. PUBLIC WORKS (336-4280) 1. The Martin Luther King Jr Community Center is being used to hold a Community Breakfast the same day. The parking lot is needed for the participants of the event. 2. Public Works has no other involvement. 50 OD N\ (\ iq Clej\ter L 0 e.t.5 eDC- txximp3 '17 Gt.) 7 q-ck-'11 C,t) tkeu,-5 / / c)a IIQ OrQ PQ., 1-‘{ (-011xivm-' /1 I 6e144 Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other ✓Community Event Block Party Event Title: 1q/77,'/17Q F17 an Event Location: "��) o ci. Q � h L 4/1/1_0 rl) 'l 2 —P ( CIi1 � I Yi ) ° �) I Event Date(s): From \O ?.a'' )2 to I1).5/r)'j Total Anticipated Attendance: JC:C� 1110 v 1� M nth/Day/Y r ( %,/ Participants) ( Spectators) Actual Event Hours: `3 07/pm to Setup/assembly/construction Date: tt)� 15/03 Start time: ,7 r( ooti 2. am/ Please describe the scope of your setup/assembly work (specific details): Value aIt) / 6,60,5 LAX( C,t ; 4/1/4-)() 51 r o.11fts (%C ; void) }-)r . i'Je. t�4.% N JQ Dismantle Date: 10114103 Completion Time: 3 am c.aj1(1 F ID i ��r< 1�5 - p a-r1cf ," ct., t�v Z)C- List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. „ )fi Sponsoring Organization: E 4- 6- I if firAj Qd`-t / p&?E For Profit )(Not -for -Profit Chief Officer of Organization (Name) _ ecca_, `2S g- c, _ Co `D(Yia Etvalaft! �� Applicant (Name): Address: Daytime Phone: (043 `y 7(/ Evening Phone: ( ) 1 cA G)LI J1 O-O � r Contact Person "on site" day of the event: Email l r Fax: ( ) / c{ r. (65% 3 1T AO3() NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): I10. NO stimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will �� receive as a result of this event? c ,L 4'`Q- C Cat- Go /, 1 !6 Cc / � e5 , € . Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. V.)0 Crib' 1 (1)f ryt7 ....a €%1 P)" t% P, k' C,✓ ' lJ I IJJ Gu li.0 L?i' Cgx , J -;5 AP a _a - /1 '' i (�i3J ,el If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: „s\ YES 0 Does the event involve the sale or use of alcoholic beverages? YES XNO YES . NO YES NO YES NO Will items or services be sold at the event? If yes, please describe: Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes / C) ” X i j NOTE: A separate Fire Dep rtment permit is required for tents or canopies. YES NicNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: • Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ✓ ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ✓ ➢ Booths, exhibits, displays or enclosures✓ ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ,/ Other related event components not covered above • Trash containers and dumpsters ✓ *' i We- ' ovU4? u'-f co h si ('e d i1 NW - (Note: You must properly dispose of waste and garbage throughout the term of yo{ir f. event and immediately upon conclusion of the event the area must be returned to a clean A'� 1� 1 condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: i I lAn uk)( LA-k_ 1 C' 3 r Z,5 6 /7e%- (,l)/m. Th.(�,�y5 Please describe your procedures for both Crowd Control and Internal Security: t )'- �1e.(A)4�- ' 1— .c. ' #1.7 t nr!','hl(J�1,o I iVh- f#.1„. - flo•+ ed • YES 4 NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES y,_NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. �.1 h (LOP fi .. Y ; ]� 11_14 ( (AAA, 1(4 /r,„ Please describe your Accessibility Plan for access at your event by individuals wither abilities: 5 i/Ifit Please provide a detailed description of your PARKING plan: 0,4LP.r; l a / 2-i% 5"-kree4 Please describe your plan for DISABLED PARKING: - 00016 COO _ a' '� t�i )�_ �� I 4 Please describe your plans to notify all residents, businesses and churches impacted by the IP1I� 11�1�J1�ilA.flL �1..1(-�� •.•• C•i event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES `1O Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES °� NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES It -Will sound checks be conducted prior to the event? If YES, please indicate: 11�� Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES ENO Fireworks, rockets, or other pyrotechnics? If YES, please describe: y- YES NO Any signs, banners, decorations, special lighting? If YES, please describe: 71.-!1.1A Q tic) j e? 1 ws ire I� Ir` Ofkikc-j'/5 Nell ` ''`r tc / e `) • Revised 10/3/01 5 Event: gor Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? XYes (proceed to Question 2) No (Please sign the form and submit it with -the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. p, Name of the sponsoring organization ��DC� t` � � ' 47 (lix.t i 01i (� n Type of Organization 1)'h l (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 Sempra Energy® August 29, 2003 City of National City Attn: Michael Della 1243 National City Boulevard National City, CA 91950 Re: Letter of Self -Insurance Lighting Turn -In Event National City Community Center October 25, 2003 To Whom It May Concern: 101 Ash Street San Diego, CA 92101-3017 INA 100 San Diego Gas & Electric ("SDG&E"), a wholly -owned subsidiary of Sempra Energy, is a qualified self -insurer in accordance with California Insurance Regulations. SDG&E is permissibly self -insured by the State of California for Automobile Liability and statutory Workers' Compensation requirements. In addition, SDG&E self -insures physical damage losses to property owned, leased or for which SDG&E has assumed responsibility. Finally, SDG&E is self -insured for all operations including bodily injury and property damage liability. Above this level, excess layers of insurance are in place. Any claims resulting from our operations may be referred to Sempra Energy Utilities, Attention: Carl Villarreal, Claims Manager, 8315 Century Park Court, San Diego, CA 92123-1550. SDG&E trusts that this will meet your insurance requirements and thanks you for your cooperation. Sincerely, By its duly authorized agent, Sempra Energy Eilene Kim Insurance Associate (619) 699-5002 cc: R. Baez, SE Utilities C. Villarreal, SE Utilities City of National City, California COUNCIL AGENDA STATEMENT :EETING DATE AGENDA ITEM NO. 27 (-ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — SOUTH BAY COMMUNITY CHURCH FALL FESTIVAL Claudia Caro, Permit Tech®®F6121PIENT Building and Safety This item was continued from the September 2, 2003 City Council meeting at the Council's request. The applicant was not in attendance when the item was before the Council. This is a request from the South Bay Community Church to conduct a fall festival in the church parking lot located at 2400 Euclid Ave. from 6 p.m. to 10:00 p.m. on Friday, October 31, 2003. The event will consist of carnival style game booths, concession stands, inflatable fun zones, an obstacle course and boxing ring. The church band will perform in the parking lot. The purpose of the event is to offer the church and community a safe and fun atmosphere as an alternative on Halloween. The church is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. ( Environmental Review Financial Statement X N/A Approved By: Finance Director The City has incurred $150.00 in processing this Temporary Use Permit ?tplicativr coaen o0 STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 () MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 2, 2003 AGENDA I`f'EM NO. 23 ITEM TITLE TEMPORARY USE PERMIT — SOUTH BAY COMMUNITY CHURCH FALL FESTIVAL PREPARED BY Claudia Caro, Permit Tech N Building and Safety EXPLANATION This is a request from the South Bay Community Church to conduct a fall festival in the church parking lot located at 2400 Euclid Ave. from 6 p.m. to 10:00 p.m. on Friday, October 31, 2003. The event will consist of carnival style game booths, concession stands, inflatable fun zones, an obstacle course and boxing ring. The church band will perform in the parking lot. The purpose of the event is to offer the church and community a safe and fun atmosphere as an alternative on Halloween. The church is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. Environmental Review " N/A Financial Statement The City has incurred $150.00 in processing this Temporary Use Permit Application. N/A Account Noa STAFF RECOMMENDATION Approve the Application for a Tempor ry)Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD I COMIIIIIES ON RECOMfMENDA'TION N/A ATTACHMENTS TACIiMENTS $ i to elo 1 Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: Friday, October 31, 2003 TIME OF EVENT: 6 p.m. to 10:00 p.m. APPROVALS: FIRE FINANCE POLICE PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] (SAN DIEGO COUNTY HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 8/13/03) CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Fire protection appliances (Fire Sprinkler System, Fire Hydrants, etc.) shall not be blocked at any time, access must be clear from point of entry (street) to the appliance/connection. 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. 4. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five feet. 5. 40-B:C dry chemical fire extinguishers shall be provided where deep fat fryers are used. 1-A:10-B:C fire extinguishers are required in each cooking booth. 6. All canopies used in cooking area are to be flame retardant treated, with an approved State Fire Marshal seal attached. 7. Provide metal cans with leads and label "Hot Coal Only" for used charcoal disposal. FINANCE 336-4330 1. If vendors will be present on this event, a Business License is required for each participating vendor. Vendors currently licensed by the City may operate on their existing license. 2. A list of all approved vendors (with their address, phone numbers and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance' Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained from the City Revenue and Recovery Division, business license section. Indoor Restrooms (Handicapped Accessible) Outdoor Parking Entrance Entrance To Parking A = American Food Booth B = Boxing Ring C = Coffee House (gym window) I = Information Booth G = Two Game Booths J = Jousting Arena K = Kids' Bounce House M = Mexican Food (kitchen) MZ = Maze 0 = Obstacle Course P = Puppet Show S = Stage SP = Speed Pitch Y = Youth Group Booth D = Dumpster Generator Disabled Parking Parking D City of National City PUBLIC PROPERTY HARMLESS AND INDEMNIFICATION AGREEME Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional n the Hold Harmless AgreemeCriiate oinsurrance must be ato tached to this permit. Organization PqA Person in Charge of Activity Address 'AA Telephone (nL Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees losses, liability and agents from and against any and all claims,demands, costs, damage, or both, or any litigation or, for any personal injury, death or property and other liability, including attorneys fees the cts of activityos takeniga ion the permit t out of or related to the use of public property or by the permittee or its agents, employees or contractors. Signature of Applicant • - A8 r )03 d V14l A; 64rOc�� / Date Official Title or •'ice Ise •ny Certificate of Insurance Approved Date 7 Type of Event: Public Concert Parade _ Motion Picture Dry Event Title: faII Fes(a) 4 Event Location: south Pcty CornalVni J)+ Church, 2 00 Euclid, /Yat'/ Ci Fair _ Demonstration _ Grand Opening Event Date(s): From 1431/Q3 to 43403 MonthfDay/Year ttrt V li lvat I �0 Co ,, tunity Circd kq C003 Block Other C @h 0,44s: Total Anticipated Attendance: 1400 ( Participants) ( Spectators) Actual Event Hours: 6 am rr to le' am/ r�r Setup/assembly/construction Date: 10/103 Start time: jar » Please describe the scope of your setup/assembly work (specific details): booth 'c/—vp Ccernepies &'-blades) , C%l ccra-. - 'i-s chairs / 6*c/ . Dismantle Date: / 0/3//03 Completion Time: /Z ani List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: SOU fM 13ny commonly Church Chief Officer of Organization (Name) 'p4 k1 d Applicant (Name): R "-fig R/,J90 A • J0 o?ej For Profit ✓ Not -for -Profit Address: .400 eucl;d five' / Na" Ciiy cu- 5'1q5° Daytime Phone: (C/q 2b 7-55vening Phone: (alq) i-25 /721 Fax: (6/1,267- 3370 12j-hf2ij t/ Email ra-" ai cl0`Se" 4 LPSu` • t1 Pager/Cellular: Cii/- I 7 7040 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Contact Person "on site" day of the event: 1 Is your organization a "Tax Exempt, nonprofit" organization? DYES NO Are admission, entry, vendor or participant fees required? YES y/NO If YES, please explain the purpose and provide amount(s): "I`y n/a Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. da d/ Gedilr4 f cc✓tsisi •clrn,Ya f LT j f ,9 amine boo/Gs, con cession si-andsfL)i en/ len-- 041r• r4Y'r-4-h bated fc p ')zr11n/ eohiCh toil/ be- orti-/ 'c//-. We will huwe rn{l blc„ f'ctn es(bs e GOu�� jouskin areo. Boo r�� There c0e`if be a Kt if) our , l i r)'J do of cc 1-et/ o u-ts' 1e ° rya, Per co >c{rc pa��r,es i✓t fide- our glen as u,''l. Q Pr L � N Our c4/rch Y7/.g r _ar et cev� a ►1 asps he al ' L Salmi Qum (nee as ee- 1 a if 4e en 471-1 *o o-ak-ae 44 )(I s !64 YES _ _NO {` If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES V NO Does the event involve the sale or use of alcoholic beverages? /YES YES NO Will items or services be sold at the event? If yes, please describe: (PhCe,SICrl -67O01 i{-e i YES VNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. V YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. '/YES NO Does the event involve the use of tents or canopies? t�YES: Number of tent/canopies /2- Sizes - NOTE: A separate Fire Department permit is required for tents or canopies. YES VNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Y Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Set�r Please describe how food will be served at the event: COO JCr -'-°'1 ., / - s] tl> - (cc booth/ o0-door » /4-i *c Yvo c- wi veto ui l ym a rea If you intend to cook food in the event area please specify the method: GAS ELECTRIC VCHARCOAL ✓ OTHER (Specify): d11!CrOWald€i Portable and/or Permanent Toilet Facilities Number of portable toilets: I (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity Y Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers ti Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 8-0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: clean-up crw is schedcd&d *Iry thoof eVefrlivt ') do bFV - checks and 0nv r 1eccw void do -the Pima Gftaf1-v p a ever - 3 Please describe your procedures for both Crowd Control and Internal Security: a sec r -ea0i (tom' -$ ✓leA) tha - are, (lip mac( nisi b� 3Virr I, mewk2-Gi "scato Ore/Ger,will !' wa/wny around duri',? &rent YES _/NO Have you hired any Professional Security organization to handle security arrangements for this event? //If YES, please list: Security Organization: 1 q nn// Security Organization Address: '7A Security Director (Name): Phone: arc have wlf-ka radios peace/ VYES NO withis a night event? If YES, please state how the event and ll be illuminated to ensuresurrounding area safety of the participants pants and spectator park -in /of Ii j k wii( he on. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Ferst aid bola be availaU rZf our-- ir/09r✓ytai-ta✓t l�oo sf uet-1 -� he d/,, any OG�r SecGc r+ 7`ea r�yr has b�s� i i� si fv/�Lfi i Please describe your Accessibility Plan for access at your event by individuals with disabilities: vVe hots, hwadi cupped park-i s4-alls 4 ( Sf rbavis . >}l f i-lVi niS. will be ydvood /e14 Please provide a detailed description of your PARKING plan: hil,frit )- fret!' to our It Off q&cc&fable Please describe your plan for DISABLED PARKING: '1 _acre^ r-....: 0..._._i .�.voas- gd is ly/ Please describe your plans to notify all residents, businesses and churches impacted by the event: 41)TS7 ! bwlion pf flyers 3 roles prior -ID J po&1-er6 /0c4 / bUCi Y)eSS- S. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ✓YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: 2 c r, sH- Cor�.eyy porary' veersr Type of Music: 'YES NO Will sound amplification be used? If YES, please indicate: Start time: 7 am/ Finish Time am/kg /YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 6' 30 aml' r�Finish Time am4 Please describe the sound equipment that will be used for your event: ®fit -dopy dmfli,Yect sound sv/te,vo - 11-euysperq errs 4 ' various all crophoi C. a-d v,iiutTc- egvipmu2fi. YES 1 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: nri YES NO Any signs, banners, decorations, special lighting? If YES, please describe: one ban s2 K 7' 2 1Y7�Y 3717 k 1 l f5 -L) fe77V L I �v 31 6 — q '30 poi Revised 10/3/01 5 Event: For Office 'Use Only Department Approved? Yes No Initial Specific Conditions of Approval Date Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? VYes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization 3914th EaA/ CeriV / eiWO? Type of Organization church (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) /No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7, Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) Date MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING 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 gooc 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 longe fear displacement. If their house burns down, they will be able to rebuild. Further, the homes will be attractive t 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 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 City Boulevard 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 shouldbe received by the National City Planning Department on or before 5:00 p.m., July 7`h, 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 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 granted to an individual or group that has or is not granted to others. This privilege has 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 C.ityof 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 We the undersigned, petition the City Council to reverse the previous motion to post "No Parking Signs During Street Sweeping Days" in our neighborhood. We are residents who will be directly affected by City Council's actions. Name L c-Q 0 0. C-T a cc ck v1 e o c- Address I yak Ica&©u3 1Dc' �«,tvt-cg,71/16a,d_ Ati_mika g"'" tj-1-1// /1C1; 74era- \3 C� Sectcii d r (1l 4-0 2-S31- Secs\; F` 'Dv 3 We the undersigned, petition the City Council to reverse the previous motion to post "No Parking Signs During Street Sweeping Days" in our neighborhood. We are residents who will be directly affected by City Council's actions. Name Address /4 2 < 7A-J6,/ ►),A /gflz/ /,6 ow r�L� �4/411.t� Gfi N J.� C'�e� i'lf�t /a /9 9/ / `/// C°c•.-Fig/ '%/ G c) We the undersigned, petition the City Council to reverse the previous motion to post "No Parking Signs During Street Sweeping Days" in our neighborhood. We are residents who will be directly affected by City Council's actions. Name 11711Th 51nOk Address l r o . z&vsDr. zz Lao rje c,0- d cfrY9 q/9S 5cG„),,v G - Ack\NUhc,,°(lost, %ecv;t,nci off(, Qek\o001i clVi 1 22 to-ovloto hoc-1)( C1 q Iq) %i(g //iita cC /L1 C' 1�1ICI d I L,Caci0A0 c11 m ►� !led - dson tot eklle l itd6 NC CM,/9so 1s�� *it ILC�l GcLd CA q rn9 'raeICI 10C eM19041) AV- CA --4i, i IectILW4 do NC CA q I qss1.) k We the undersigned, petition the City Council to reverse the previous motion to post "No Parking Signs During Street Sweeping Days" in our neighborhood. We are residents who will be directly affected by City Council's actions. Name gt,/ 6�t Q6 (A,M_-6 0 U kOA/Yl o yf"�n y Uy Address ( )r/iti&ut- 2g--G e/7 y. - 9'i9O 17) .N, 1i`�7z A fii/i4c.tr / U G` L' Nee HOW60 G° 11 / )/ „J n u 6(6et,t) Dr. out (/) c7 (95 () o7,37 6-e6 9.04,ak' e ./P_s--& tt ,f (1139 c4-ire e o.(/L igsz, // OP" L_ [ i % I �� /, (4_, At _ C.0 `71 `73t We the undersigned, petition the City Council to reverse the previous motion to post "No Parking Signs During Street Sweeping Days" in our neighborhood. We are residents who will be directly affected by City Council's actions. Name Address - Rm)1 t/e,L-d'( e ‘4/j��r� HfF //�37 l ; CA P AS�;i9-ZtSI IY\Cds� • (`coub`)4 NoL01)? qictd) `73 , sir pal o<_,) .fie .9A Prin "900 u,)SCI, roLi3L c).-Aao DA (7 A M 24;0 QA-uutrv0 o� frr)ies ac4/a z/Ve -Sea60//96/ ✓de- /11 C r,c27_, /)W 5-/z4 14/ 1-7v- 1) calla aS-0 gPt 6WG/ 131? 11 %�� 2-/3k c'vD1i City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 WRITTEN MATERIALS NOT IN AGENDA BOOK MEETING OF 9-16-2003 #1 Additional applications for appointment to the Community and Police Relations Commission. The 2 applicants have been notified to be present for interview. #2 Written protest against a CUP for a church at 421 National City Blvd. (Public Hearing No. 4) #3 Written testimony dealing with the proposed amendment to Title 18 dealing with alcoholic beverages. (Public Hearing No. 8) rrd CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* Cl Civil Service Commission X Community & Police Relations Commission* ❑ Housing & Community Development Committee CI Library Board of Trustees ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Port Commission ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board ❑ Street Tree & Parkway Committee ❑ Serra Library System Advisory Board ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name bh1-anr D S PI C.stn� � r�-if��a/ cLly Home Address % b 5f Tel. N6. Business Affiliation Title Business Address Tel. No. I, '11-7 t/ /'3 q ' S ��c 61, Length of residence in National City San Diego County 6 f5 'California Educational Background R pp ,, .Vc.. =? A_ti-0.-AJY\r.-- C G - Occupational Experience i; - aL S,,-L :-l\,-',---, '^^ fiu" 'Ron ` Professional or technical organization memberships Sa�-� G � ` IAA �P c� dct^L �C7 w1f avr� cL, Lp 1. membership, or previous public service appointments: Civic or community experience, p, �(A�.a.x.6s} r,� Sa,_,Y,3 v1^-w t (S-„t.,,n,d,,, acq (.0., 14 / i G c t <, " I ri- Experience or special knowledge pertaining to area of interest: : c�', ui^A- i'L�may, I,.W� - , ,i,..W �"-, o a,, 71— / v .J.-'✓'� �,, c_ti, ` . I 1'� L i.rt Ci'- L�6 Have you ever been convicted of a crime? No Yes e .L.--<{� t , co'� a' `' t* / ) C e v1>`v,t` Date ,t,:.�.Pc e-v----rz e ,, I _,A.A,„. y;',1 G I ' ° b> Signature Wm_ 6S-I / 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 September 4, 2003 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ ivil Service Commission frd Community & Police Relations Commission* ❑ Housing & Community Development Committee Li Library Board of Trustees ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Port Commission ❑ San Diego County Water Authority ❑ Senior Citizens Advisory Board ❑ Street Tree & Parkway Committee ❑ Serra Library System Advisory Board ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name Home Addressd7' 30 Business Affiliation Business Address a a,ue Tel. N Title Tel. No. Length of residence in National City h /%tan Diego Counety,,�( California 116 Educational Background k) 160 Occupational Experience 5C Professional or technical organization memberships c/VC ,o171 to Civic or community experience, membership, or previous public service appointments: Experience or special knowledge pertaining to ar of interest: V1; 1, ( a PI ir to y Yes (i( ) Have you ever been convicted of a crime? No Date y Signature ;:x-' Please feel free to provide additional information or letters o Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 endorsement. 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 September 4, 2003 City of National City Office of the City Clerk 1243 National City Blvd. National City CA 91950-4397 RE: Public Hearing Conditional Use Permit 421 National City Blvd. with Variance. Gentlement My business location is at 404-408 National City Blvd. for the last 30 years. We have no off street parking and depend on on street parking during our business hours. We rely on our customers not to take advantage of the time they spend shopping in the immediate area. Their stay in the store does not exceed more than 30 minutes to complete their transactions, therefore it is imperative that they are able to park nearby. It is our belief and past experience with a similar church situation that existed that allowing an assembly such as a church group would eventually increase the volume of autos and time spent parking to more than would be appreciated by the local business community. Therefore, allowing the variance, you would jeopardize the amount of sales produced which eliminates much of the sales tax that would be generated through lost sales. We are very much opposed to you granting a variance. Thank you for your prompt attention. Ellen R. Stewart 3619 Filly Ln. Bonita,CA 91902-2807 ST. ANTHONY OF PADUA CATHOLIC COMMUNITY September 16, 2003 Honorable Mayor and Honorable City Councilmembers National City, Ca. 91950 Dear Mayor Inzunza and Councilmembers: I write to recognize the fine spirit of consultation and teamwork that you exemplify through your work at the city council meetings and to offer my opinion regarding the proposed ammendment to Title 18 of the city code. My opinion is based on my point of view as a resident of National City. We struggle daily to keep our homes and schools as safe environments for ourselves and for our children to live in and study. We are often aware of harmful influences and in those moments we seek to join with our neighbors to organize in order to protect our health and well being. It is a recognized principle of the business and advertising world that the more a product is available and the easier it is to acquire it, the more it will be used and eventually abused, depending on the nature of that product. When it comes to alcohol, drugs and firearms we must be especially vigilant for several reasons: 1) these products are very attractive to our youth, who are always anxious to experience the forbidden and to have some excitement 2) these products tend to be addictive and therefore are especially dangerous to our young people. While it is true that the young are not the primary users of the products mentioned above, they are, none the less, the primary imitators of the attitudes and actions that we as adults provide for them. The more they see alcohol or drugs or firearms bought and used and the more abuse they see of these products the more "normal" it becomes in their attitudes and their actions. For these reasons I encourage our mayor and councilmembers to not be easily persuaded by any business proposition, without considedring the consequences of that proposition for the long-range health and wellbeing of our neighborhoods and the future of our children and young people's formation. In essence, I urge you to VOTE AGAINST the proposed ammendment to Title 18 of the city code. Thank you again for considering my point of view. Sincerely yours, (---' Fr. Emmet Farrell Pastor of St. Anathony of Padua 410 W 18th Street • National City, CA 91950 • Tel. (619) 477-4520 • Fax (619) 477-8708 OFFICE OF THE SUPERINTENDENT National School District 1500 N Avenue National City, CA 91950-4827 Phone: (619) 336-7500 fax: (619) 336-7505 September 4, 2003 Mayor Nick Inzunza City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor Inzunza: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Phone: (619) 691-5500 fax (619) 426-2252 As educational leaders in National City, we would like to express our concern and strong opposition to a proposed consideration to amend Title 18 zoning requirements regarding the sale of alcoholic beverages. Deleting the current distance requirement between schools and establishments selling alcoholic beverages poses a detriment to the safety of our students, parents, and staff. Such an amendment would add additional alcohol licenses in a community where 10 out of 15 census tracks are already over concentrated. In addition, a change of this magnitude could establish alcohol -selling outlets in close proximity to our schools. Our concern for the future welfare of our students warrants our responsibility to inform our parent community of the proposed amendment change. (See attached.) We hope that you will reconsider any intent to delete the current distance requirements and support our mutual interests in student safety for all National City children. George J. Cameron Ed.D. District Superintendent National School District GJC/EMB:cir Attachment Edward M. Brand, Ed.D. District Superintendent Sweetwater Union High School District OFFICE OF THE SUPERINTENDENT SWEE1WATER 1130 Fifth Avenue • Chula Vista, California 91911-2896 UNION HIGH SCHOOL DISTRICT (619) 691-5555 • FAX (619) 498-1997 Edward M. Brand, Ed.D. Superintendent August 26, 2003 Mr. Frank Lopez Program Coordinator Alcohol, Tobacco and other Drugs Task Force for National City 304 West 18th Street National City, CA 91950 Dear Mr. Lopez: On behalf of the Sweetwater Union High School District, please accept this letter in support of the existing Title 18 (Zoning) of the National City Municipal Code Regarding the Sale of Alcoholic Beverages that restricts establishments from selling alcohol within 660 feet of K-12 school in National City. We are also opposed to any amendments to this Ordinance that would modify the distance requirements where alcohol is sold at various business establishments. Sincerely, Edward M. Brand, E.D. Superintendent EB:dh The Sweetwater Union High School District does not discriminate with regard to sex, race, religion, color, national origin, ancestry/ethnicity, marital or parental status, age, physical or mental disability, sexual orientation or any other unlawful consideration. SUHSD Board Policy #2224 City of National City — City Council September 16, 2003 Recommendation: To deny the proposed amendment to Title 18 of the National City Municipal Code regarding the Sale of Alcoholic Beverages Justification/Statistics: The National School District, Sweetwater Union High School District, National City - Alcohol, Tobacco, and Other Drugs (ATOD) Task Force, Partners for Prevention, Paradise Valley Hospital and National City Residents oppose the proposed amendments to Title 18 • Uphold National City Residents' recommendation to deny the proposed amendment to Title 18, and future harm that could come from increased alcohol availability in the City of National City. • National City Planning Commission voted 7 — 1 to deny the amendment to the current ordinance Title 18, due to existing alcohol over saturation concerns. • National City is over concentrated with alcohol outlets by State of California alcohol regulations. Studies indicate that 10 of the 15 census tracts in National City are over concentrated by state regulatory standards. • The City of National City — City Council adopted the Title 18 ordinance in 1982,.to protect and preserve the public health, safety, and general welfare of community residents and local business owners. • The proposed amendment to Title 18 would contradict its original intent and purpose because: o This amendment would allow existing establishments (convenience stores and restaurants) previously restricted by the original Title 18 ordinance, to now apply for alcohol licenses in close proximity to ALL public school campuses in National City. o Research studies have found that by adding a single alcohol outlet: 2.7 additional motor vehicle accidents occur (Scribner, 1999) 3.4 additional assaults occur (Scribner, 1999) 5% increase risk of murder (Roncek /Maier, 1991) Increase violent crimes committed by youth (Alani / Parker, 1998) 3.38 increase in murder, rape, burglary, grand theft and auto theft • Additional alcohol establishments will exacerbate crime in National City. • In 2001, the city of National City had 693 alcohol -related crimes (National City Police Department, Crime Analysis Unit, 2002). Concerns: 1. The community is outraged by the proposed amendment, and feels that the current ordinance should remain as is. Amending this ordinance would only further jeopardize the health and safety of residents living throughout National City area, especially the area around school s and colleges. Subsequently, if this amendment passes, virtually all areas of National City will be negatively affected. 2. The residents have voiced their concerns of what they would like to see in the city a. Grocery store, where local residents can purchase affordable items b. Restaurants where families can enjoy their meals without being bombarded by alcohol availability. c. They don't want new improved fancy bars. 3. The amendment to Title 18 will increase crime, Driving Under the Influence (DUI), fatal accidents and therefore will: a. Reduce resident quality of life, safety and security b. Increase the need for police services c. Increase youth access to alcohol q03"Vg-i SEPTEMBER 24, 2003 TO MAYOR AND COUNCIL: THESE ITEMS WERE DISTRIBUTED AT THE CITY COUNCIL MEETING OF SEPTEMBER 16, 2003. CITY CLERK September 16, 2003 The Mayor and City Council of National City Redevelopment is coming to National City Boulevard and we have great plans for this area. To maintain them the current businesses must be given a chance to survive. On June 16 a Code Conformance Notice was given to the Universal Church at 330 National City Blvd and this is why parking is available in front of my store for the first time in months. If the Baptist Church can just open up without permits and then be granted a Conditional Use Permit I fear what else will happen to our business district. This will set a precedent. The Office Furniture Outlet across from Keith's Restaurant is closing and they too had parking problems from the Universal Church. When churches get wind of how easy it is to open in National City they will snatch up this building, too. And then no restaurant could serve beer or wine from Division to 7th Street. I received 3 calls a week from churches looking for a location before I opened National City Discount Tools. We refused these offers because Planning warned they would not qualify with parking regulations. And because we could see there was a parking shortage that affects businesses and residents. The Community Baptist Church is not a Use Group 18 business, which is for merchants. A church is an Assembly use and is required to get a Conditional Use Peiinit. It is clearly stated on Planning Foxnis. It must then comply with California Title 24 Handicapped Regulations (2 handicap bathrooms as well as 2 exit doors) and with 2001 Building Codes, which are extensive. The landlord may not agree to this work as he could open his own shoe store there and we hope he will. But until then National City can be held liable for any accidents as long as the church stays and is not in compliance. So far this church ignored letters to close, it holds services more frequently than stated, it has not paid for rent and improvements. It may not have insurance. It is facing an eviction. Please deny the Appeal. Thanks, Nancy Est no San Diego Leather and National City Tools FROM :KEITHS REST .-. +v IV V ,LUy ILIJU 1l FAX NO. :619477195S Sep. 16 2003 01:44PM P1 Jnlh U I nt/ LI H i !!&K FAX .NO, P. 01 September 16, 2 CITY COUNCI Re: Appeal of Dear City Cou I have 2 comp commitment. One is nor* public street only 1 block has used my p The addition of street parking increase my pr There is only well used spaces avails I would s stand. Also I need you front of my suspect get magazines. Th Any minor can seems to know Sincerely, Mario Perez Owner Keith's Restau .eith's Restaurant 14 National City Blvd Nation City CA 91950 AND THE MAYOR urch at 431 National City Blvd cli, ants but am unable to attend this meeting due toe prior use of the Universal Church at 330 National City Blvd of both ng and my off street parking; and the coming of this new church yet 421 National City Blvd. Historically the Universal Church ricing lot spaces and parked In front of my business. second church that has no parking spaces would take up more limlt the parking of the existing church and would in turn em of the Illegal use of my parking lot more. much available perking in this business district and it is already the residents and commercial businesses. We do not have to accommodate groups like churches. Denial of the Appeal and let the Planning Departments vote help In the removal of the newspaper racks that located are in urant parking lot. They are on the public sidewalk but customers for and condone thorn. They have Objectionable x rated material is not suited for minors to see. They are unattended. ut coins into the machine and receive any of these. No one y they can operate like this. Second and National City Blvd National City CA 91950 619 477-4338 GENERAL BEAD www.genbead.com 317 National City Blvd �E mail: genbead@sbcglobal.net Domestic FAX: 1-800-572-1302 City Council of the City of National City Sirs: National City CA 91950-1110 So' 619-336-0100 International FAX: 1-619-336-0152 September 13, 2003 I would like to comment on the appeal of the Praise Baptist Church. While the parking situation hasn't changed since the first decision, I believe that there has been a significant change. My understanding is that they were not allowed to use the facility. While it doesn't seem to have been used on Sunday mornings, I believe they have used it in the evenings. While it may have been the case that they didn't know that they needed permits to operate before the last hearing, the behavior after that hearing has been to defy the City of National City. Given this behavior I have significant doubts as to their intention to work with the city. I have little doubt as to how this behavior would have been dealt with by the city if another business had acted in the same manner. I believe that religion in this country has largely become very much like a business and should be treated as such in areas outside of matters of belief. On the parking situation the significant unknown is the education center. I think that it is likely that the students will create such a parking mess that the side streets will be limited to residents only which will be a serious problem for my business as most of my customers drive to my store. I don't know what the parking requirements are for the Praise Baptist Church and I don't know how they can be met short of the construction of a parking structure as no current owner of property in the area is likely to commit to a long term parking agreement. The City Council will have to seriously address this issue in the near future and should be very careful of making exceptions at this time. Since y, ichael nshine Partner NATIONAL CITY LAND USE CODE, USE GROUP - ZONE MATRIX RESIDENTIAL See Cha ter 18.14 INST. See Chap. 18.32 COMMERCIAL See Chapter 18.16 INDUSTRIAL See Chapter z E J F- Q R. C ww z w M w 2 J n w 18.18 _UJ u3 z w - LEGEND X=Permitted C= Conditional =Prohibited ). -J ¢ J zz fA } J ¢ W J fA >- < J Q w a _ D J J a -I 2 J J aW -J 2 Q cc 0_ z m O V 5 U ¢ O ? 1- I- = a Z O M F Z W ~ 2 O ¢ .5 O w g g LU Z U zZw a O S g W jg 1 =J E- O Reference Subsection ix CiJ V) r4 1-2' K �. K 2 m 2 ct E.-2 EL- V V U N U U U U m 2 2 2 USE GROUPS 1 Area Wide Permitted Uses 18.104.050 X X X X X X X X X X- X X X X X X X X X X _ Wide Conditional Uses 18.104.060 C C C C C C C C C C C C_ _C C C_ C C C C C C 2 Area - 18.104.070 C - - ___ - - - - - ' " - 3 r 4 Animal Husbandry 18.104.080, _ - - _ - - - - - - - X - - C X X X X X - Automotive &Allied Services 18.104.090 - - - - - - C C C - - 5 Amusement & Entertainment 18.104.100 - - - - - - - C - - - C C C C --T 6 Commercial Recreation -Indoor 18.104.110 - C C - C - C C - - -_ Recreation - Outdoor 7 Commercial 18.104.120 - - - - - - - X X - C C C C C C - _ Cultural & Public Rec. Services 8 Community, Single Family 18.104.130 X X X X X X X - - X X X X 9 Dwelling - Family 18.104.140 - - X X X X C - - - C C - C - - - - - 10 11 Dwelling - Two Dwelling - Multiple Family 18.104.150 - - - X X X - - - • - C C - C - - 12 Dwelling - Mobile Home 18.104.160 - C 13 Eating Places - Other than Take -Out ' 18.104.170 - - - _ - - - - - - X X X X X X X X X _ C � 14 Eating Places-Drive-Thru/Drive-In Take Out . 18.104.180 - - - - - - - - - - - - --- X X X_ _ C C 15 Food Processing 18.104.190 - - - - - - - - - - - - - X X� -- Service Stations 18.104.200, - C C C C C C_ C C C C - 16 17 Gasoline Goods and Services - Convenience 18.104.210 - - - - _ - - - - - - - X X X X X X - - - - - - 18 Goods and Services- Shopping 18.104.220 - - - - - - - - - - - - X X X X - - -_ - 19 20 Goods Services - Other 18.104.230 - - - - - - - - - - - - C C X- and Heavy Equipment and Machinery 18.104.240 - - - - - - _ - - - - C X X X Related Services 18.104.250 - - - - - - - - - X - C X X X X X - _ - - 21 Hotel, Motel, and 18.104.260, - - - - - - - - - - - - - - X X X - L X ' X - C 22 Light Manufacturing Manufacturing 18.104.270 - - - - - - - - - C 23 24 Medium Heavy Manufacturing 18.104.280 - - - - - - - - - '- - - - -, _ - - - C - 25 Manufacturing - Tidelands 18.104.290 - - - - - - - - 0 _ _ _ _ X 26 Mineral Resource Extraction & Processing 18.104.300' - - - - - - B� C 27 Offices and Studios 18.104.310 - - - - - - C X X X X X X - 28 Off -Street Parking 18.104.320 - - - - - C - - - - - - - X X X X X X X - 29 Public Protection Facilities 18.104.330 C C C C C C C C - - C X X X X X X X X X 30 Public Utilities 18.104.340 - - - - - - - C C - C C C C C C X X X X X 31 Research and Development 18.104.350 - - - - - - - - - - - - - - X X X F X X X 32 Scrap Metal Processing 18.104.360 - - - - - - - - - - - - - - - - - - X - 33 Signs and Outdoor Advertising 18.104.370 X X X X X X X X X X X X X X X X X X X X X 35 Wholesaling, Warehousing & Distribution 18.104.390 - - - - - - - - - - - - - - - X X I X X - X X 36 Truck Transportation Facilities 18.104.400 - - - - - - - - - - - - - - - - - C X 37 Waterfront 18.104.410 - - - - - - - - - - - - - - - - C - X NATIONAL CITY LAND USE CODE- USE GROUP INDEX USES Carpet Sales Catalog Store Caterer Cement Storage and Distribution (Bulk) Cemetery Ceramic Product Sales Yard Ceramic Sales (With Incidental Pouring of Greenware) Check Cashing Service Chemical Cleaning & Tank Cleaning Chemical Etching of Manufactured Metals Children's Day Care Center Children's Home Christmas Trees Sales Lot Church, Synagogue, or Other Religious Center (Not Permitted in the RS-1, RS-2, RS-3, RMH, CA, CSC and M Zones) Cleaning Supplies, Retail Sales Clock and Watch Repair Clothing, Retail Sales Club or Lodge, Private Cocktail Lounge Coffee Shop Cold Storage Plant Communication Equipment Sales and Service Community Care Facility Community Center Compounding of any use in Use Group 24 Compressor Unit Sales & Service Computer Facility Computer Maintenance and Installation Computer Sales Concrete Batch Plant Concrete Pipe Storage Yard Condominium Construction Contractor Services Construction Equipment Rental Construction Material Wholesale (Incidental Dry Mixing and Packaging of Stucco Permitted) Contract Sewing Contractor's Storage & Equipment Yard Convalescent Home Convenience Goods & Services Convent Convention Center Copy Center Cosmetic Shop Costume Rental Counseling Center (Group) Counseling (Individual and Family) Crematory Crop Raising Cultural Facility ' USE GROUP(S) T NOTATIONS 19 17 19 23 2 CUP 19 17 27 23 CUP, 24 CUP 22 8 8 See Section 18.92.040 2 CUP 17 17 18 8 5 CUP 13 35 20 8 8 24 CUP 19 19,27 22 18 23 23 11 19 20 22 CUP 20 22 8 17 2 CUP 21 18,19 18 19 8 27 2 CUP 1 8 A-8-82 I-4-86 A-3-88 A-8-81 A-8-81 A-2-82 D-14-84 D-4-83 See 18.74 I-1-90 A-1-80 D-10-84 A-10-79 A-10-79 AMENDED: By A-2002-1 Effective Match 21, 2002 .?'C �.,,-' 1 O-"VJ V l L . ,- ►-L N�YIY 11Y,� UCYNK „9C,Y , f 017 330 43G 1 City of National City 1243 National City Blvd., National City, CA 91950 (619) 336-4314 June 16, 2003 i lnivcrsal Church 330 National City Boulevard National City, CA 9195017-14A4) SUBJECT: Universal Church A.P.N. 555-030-21 -tY/'` 0.717ee-15 64) a-yt., P CL Juan & Dignora Tones Liiving Trust. 555 Lcc Cir Chula Vista, CA 91911 It has been reported that the church at 330 National City i3oulevard may be in violation of conditions of approval pertaining to parking. In particular, condition nos. 7 through 13 on the attached resolution (City Council Resolution 96-143) describe parking -related requirements. If this is the case, we would appreciate your voluntary compliance by correction of this/these violation(s). If the complaint is false, we apologize for any inconvenience. Recommendations for compliance: Review the attached conditions of approval and ensure that the church remains in compliance with them at all times. if you have any questions, please call me at (619) 336-4310. Sincerely.. JON CAIN Associate Planner • MAYOR INZUNZA AND CITY COUNCIL MEMBERS BELOW ARE SIGNATURES OF NATIONAL CIYTY RESIDENTS AND BUSINESSES THAT OPPOSE OPENING A CHURCH AT 437 NATIONAL CITY BOULEVARD. PLEASE VOTE AGAINST THE APPEAL SLATED TO BE HEARD ON SEPTEMBER 16, 200? Name Street Address City kQY;& 4/iocej �'cS N nx/170 Cr ,1 /7-71A` 2 -446 60121k, r ((-7 /V / 1 S T A -Pt ,41 I Yc1k VE. 62, J41e-C`S'C0 41/S 735 r �( Avrtoo,Y, r(-‘4,icit . 1728 3 Lc--r)O[` c✓1 A-ve rtcx Ccd1ero ),\'C Lza bL 7iz t-11-Ve National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 y 0 13 SOiAuv(/r t�ve 3o IAc e3I4e MEETING BEGINS AT 6:00 IN COUNCIL CHAMBERS AT 121H & NC BLVD ar rt-\bz-t • MAYOR INZUNZA AND CITY COUNCIL MEMBERS BELOW ARE SIGNATURES OF NATIONAL CIYTY RESIDENTS AND BUSINESSES THAT OPPOSE OPENING A CHURCH AT 437 NATIONAL CITY BOULEVARD. PLEASE VOTE AGAINST THE APPEAL SLATED TO BE HEARD ON SEPTEMBER 16, 2003 Name Street Address City ,0111 ( a C QS-Lbr+/ 2?6o C047tc waoj_s72 RoJr‘ v�z /1;1<af/cre,9 ike.AfofS hze �860 Co'Go r► '4 i c s+ Z ) LfS Cam, ve 1-3- V7 1010 o National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 MEETING BEGINS AT 6:00 IN COUNCIL CHAMBERS AT 12111 & NC BLVD MAYOR INZUNZA AND CITY COUNCIL MEMBERS BELOW ARE SIGNATURES OF NATIONAL CIYTY RESIDENTS AND BUSINESSES THAT OPPOSE OPENING A CHURCH AT 437 NATIONAL CITY BOULEVARD. PLEASE VOTE AGAINST THE APPEAL SLATED TO BE HEARD ON SEPTEMBER 16, 2003 Name Street Address City dolma U62&r• z v National City CA 91950 (iJ r-LQ 3 t�(LD RA rev)gA rt7 /Flom'l TtL& / /of U _>< 1 C UV ol;7Ck \gam 136 �3cc 17ic_ z 3z , v-4 , 61 54 c--- 4..79 2S-__ /s 3 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 VIAL y/a_ National City CA 91950 MEETING BEGINS AT 6:00 IN COUNCIL CHAMBERS AT 121H & NC BLVD ' MAYOR INZUNZA AND CITY COUNCIL MEMBERS BELOW ARE SIGNATURES OF NATIONAL CIYTY RESIDENTS AND BUSINESSES THAT OPPOSE OPENING A CHURCH AT 437 NATIONAL CITY BOULEVARD. PLEASE VOTE AGAINST THE APPEAL SLATED TO BE HEARD ON SEPTEMBER 16, 2003 Name lEcr (-20/j: (?e,S,60/D Street Address 3/F 5f/ 6/A), �. // 620^t_--1//4s7� c.D©ze2& 46 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 l--(4 Writ" CcL //04/947o4 691kb 41, Ci lYo/r- /4 /0 o /001(41 (17 cr V/if- s-- National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 MEETING BEGINS AT 6:00 IN COUNCIL CHAMBERS AT 12111 & NC BLVD • MAYOR INZUNZA AND CITY COUNCIL MEMBERS BELOW ARE SIGNATURES OF NATIONAL CIYTY RESIDENTS AND BUSINESSES THAT OPPOSE OPENING A CHURCH AT 437 NATIONAL CITY BOULEVARD. PLEASE VOTE AGAINST THE APPEAL SLATED TO BE HEARD ON SEPTEMBER 16, 2003 Name 047f /1fr?.'/E- wood Street Addlre*s g?/ 't27 et Ccts r l(q.5- Fs4'e.v PevaF+ci cr L tr. C(QC'd'`a r e', Lt 1= 6;7 Syk i-- gve ,±4-� creme 59aF Av City 4/Ara4/4'L crYy National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 6-20 ` 4 a/at- L 520yCtAki j (O it ad. I/ National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 MEETING BEGINS AT 6:00 IN COUNCIL CHAMBERS AT 121H & NC BLVD • MAYOR INZUNZA AND CITY COUNCIL MEMBERS BELOW ARE SIGNATURES OF NATIONAL CIYTY RESIDENTS AND BUSINESSES THAT OPPOSE OPENING A CHURCH AT 437 NATIONAL CITY BOULEVARD. PLEASE VOTE AGAINST THE APPEAL SLATED TO BE HEARD ON SEPTEMBER 16, 2003 Name Street Address City A\ e6 „-A (73 7 °tl A National City CA 91950 ovtS0 Cy -MSC- n au - D b17 rl National City CA 91950 Sof c 'To' o' 3 51 + E Q,y National City CA 91950 "5-f o 11-4Y'CV12.-) 5 C-4- - C . A\je , National City CA 91950 National City CA 91950 o„,„, �QYC 1q ��Q�// ��National /�G1, o't4/66 City CA 91950 , National City CA 91950 2 -ct WC (19211 41e, (//' /Y0.-e!- - .�1�r 1 aJt ou4_. C' lig z p/(, ej,m, S:6 [/Ccfd1/.64 S-16c#ei q c/c d katyi 141/741 ) / L9[j (4- �3 a c L,le. ) L-- National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 MEETING BEGINS AT 6:00 IN COUNCIL CHAMBERS AT 121H & NC BLVD ` MAYOR INZUNZA AND CITY COUNCIL MEMBERS BELOW ARE SIGNATURES OF NATIONAL CIYTY RESIDENTS AND BUSINESSES THAT OPPOSE OPENING A CHURCH AT 437 NATIONAL CITY BOULEVARD. PLEASE VOTE AGAINST THE APPEAL SLATED TO BE HEARD ON SEPTEMBER 16, 2003 Name Street Address City )7,42-rft,e-s-7 )22!/' 000Le6E jP2 � i5 6, st 1 1-4-, I2 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 National City CA 91950 MEETING BEGINS AT 6:00 IN COUNCIL CHAMBERS AT 1211 & NC BLVD sNme. o 'D 1 � n't' S .. T't' y ci' o D SCUSS THE em o �� a i � }�-p Y�! � S1�C- T 8P obic-k caT%Qfs o pbtriAj_LSSueS Oc- 0 i s- r i c r" " NPrirn 1 G`1Vc'� // ct 1:14 VATioi4q,/e 7Zr CAM_5,7: 6c//c 4 C�r=> crm c, \ =' c 4 S k Cc Warta C/i/o ?-az _.,c} , 6ozie :774/. �M' JWee Loges (2) v t 1 / -G sr-5T .2/ 8 its .2i3% N cd c r CPc i/3 `Auk 4. Zti /9 z Q cz-COr e.-1,0dat.42 A3/0 C 4-V67. 4Fid#4944- c„ cttcts-c-3 a 2- C, TQV .b•jt r cf 20 3 6.- G c 131