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Home My WebLink About2004 03-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — MARCH 16, 2004 - 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 I NZU NZA APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF MARCH 2, 2004 AND THE REGULAR MEETING OF MARCH 2, 2004. 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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 3/16/04 PAGE 2 PRESENTATIONS Employee Recognition — Randall G. James Employee of the Month Program — Larry Verry Special Presentation per Council Request (Council initiated) PROCLAMATIONS• Proclaiming Thursday January 8, 2004 as: "ELIZABETH BUSTOS DAY" Proclaiming Thursday, March 11, 2004 as: "N. PAOLA HERNANDEZ DAY" 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. 1. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk). 2. Resolution No. 2004-41 Resolution of the City Council of the City of National City giving Notice of Intention to approve an amendment to contract with the Board of Administration California Public Employees' Retirement System (CaIPERS). (Human Resources) 3. Resolution No. 2004-42 Resolution of the City Council of the City of National City awarding a contract to Penhall Company, Inc. for the removal of the Woden Street Pedestrian Overcrossing. (Public Works/Engineering) COUNCIL AGENDA 3/16/04 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2004-43 Resolution of the City Council of the City of National City authorizing the Mayor to execute a 90-day extension to an agreement with Metropolitan Transit Board for Administration of Taxicab and Other For -Hire Vehicle Regulations. (Police) 5. Resolution No. 2004-44 Resolution of the City Council of the City of National City authorizing execution of Order to Vacate and close 15th Street between "C" and "D" Avenues and a 162 foot long portion of the alley extending south of 15th Street. (Applicant: City of National City) (Case File No.: SC-2003-3) (Planning) 6. Notice of Decision — Planning Commission approval of a variance for less than required front yard setback area for a property on the east side of Shelby Drive approximately 15 feet north of 32nd Street. (Applicant: Westone Management Consultants) (Case File No.: Z-2003-13) (Planning) 7. Request to schedule a Public Hearing to consider adoption of the 2004 Regional Transportation Improvement Program (RTIP). (Public Works/Engineering) 8. WARRANT REGISTER NO. 35 (Finance) Ratification of Demands in the amount of $1,209,318.24. 9. WARRANT REGISTER NO. 36 (Finance) Ratification of Demands in the amount of $501,269.16. COUNCIL AGENDA 3/16/04 PAGE 4 CONSENT CALENDAR (Cont.) 10. Claim for Damages — James and Angie Ward (City Clerk) NEW BUSINESS 11. Temporary Use Permit — "Protecting Our Children" - Health & Resource Fair. (Building & Safety) 12. Discussion of JC Penney incident of November 14, 2003. (Council initiated) 13. Distribution of donated money to San Pasqual Indian Tribe for fire victim families. (Council Initiated) 14. Discussion - Consideration of offsite City Council meetings on a quarterly basis covering the north, south and east area of the community. (Council initiated) 15. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of alcoholic beverages at a new restaurant at the northeast corner of National City Boulevard and Plaza Boulevard and a variance for less than required parking, reduced parking aisle widths and for no building setbacks. (Applicant: Community Development Commission and Fred Demeo Inc.) (Case File No.: CUP-2003-27/Z-2003-11) (Planning) ORDINANCES FOR ADOPTION 16. Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code from RS-1 (Single -Family Residential) to IP-PD (Private Institutional -Planned Development) for a 2-acre site at 5800 Boxer Road. (Applicant: Cingular Wireless) (Case File Nos. GP-2003- 5/ZC-2003-4) (Planning) COUNCIL AGENDA 3/16/04 PAGE 5 ORDINANCES FOR ADOPTION (Cont.) 17. Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Title 18 (Land Use) by adding Chapter 18.77 and Chapter 18.74 regarding conversion of hotels and motels to residential use at higher densities than permitted for new construction. (Applicant: Pacifica Companies) (Case File Nos. A-2003-4) (Planning) 18. Ordinance of the City Council of the City of National City amending the National City Municipal Code by Amending Title 1, Chapter 1.36 pertaining to abatement of public nuisances, adding Chapter 1.41 pertaining to cost recovery for code enforcement and emergency response services, adding Chapter 1.42 pertaining to administrative hearings, and amending Chapter 1.44 pertaining to administrative citations. (City Attorney) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — Task Force Meeting — Tuesday, March 23, 2004 — 10:00 a.m. — Large Conference Room, Civic Center Next Regular City Council Meeting — Tuesday — April 6, 2004 - 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 Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE February 9, 2004 TO N. Paola Hernandez, Special Assistant to the Mayor FROM Lilia Munoz, Executive Assistant I W SUBJECT : EMPLOYEE RECOGNITION The following City employee will complete his twenty-five years of service with the City of National City on March 1, 2004: NAME RANDALL G. JAMES POSITION : FIRE PLATOON COMMANDER HIRED MARCH 1, 1979 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 March 2, 2004. 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: Acting Fire Chief Platoon Cmdr R. James RECOGPRG.DOC-12 ® Recycled Paper City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM March 2, 2004 TO Park Morse, Assistant City Manager FROM Patt Zamary, Interim Director of Human : urces 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 PW/Engineering Department to be recognized for the month of March 2004 is Larry Verry, Building Trades Specialist (nomination attached). Mr. Verry has been invited to attend the Council meeting of Tuesday, March 16, 2004, and be recognized for his achievements and service. Attachment (1) xc: Department Director Larry Verry Councilmember Natividad Special Asst to the Mayor PZ:Im Performance Recognition Program (2) ® Recycled Paper City of National City Performance Recognition Award C Nomination Form I nominate Larry Verry, Building Trades Specialist, Public Works / Engineering Dept. 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. Public Works / Engineering Department nominates Larry Verry Building Trades Specialist, for the Performance Recognition Award in the month of March, 2004. Larry Verry has been employed with the City of National City for over 18 years and his dedication to the City of National City is apparent by his work ethic. Larry has always conducted himself in a professional manner, and performed his duties with enthusiasm and the utmost diligence. Larry is truly a specialist in his area of expertise as a building trades specialist which includes carpentry painting, locksmith skills, general facility repairs, and a myriad of other duties. •In addition to his regularly assigned duties, Larry maintains the municipal pooland he is always the first to lend a helping hand when needed. He puts his 'all' into his work. The Public Works/Engineering Department wholeheartedly recommends Larry Verry for the Performance Recognition Award this month, because of the exemplary employee that he is. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Stephen Kirk•atrick - ting Director of Public Works / gin erinq Signature: _ Date: Z.° fx0t.Caattattoxt WHEREAS, the San Diego County Hispanic Chamber of Commerce is the leading voice of the business community for the Latino business community in the greater San Diego County area; and WHEREAS, the San Diego County Hispanic Chamber of Commerce provides much needed services to its members and the general business community of the County of San Diego; and WHEREAS, the San Diego County Hispanic Chamber of Commerce has been recognized not once, but three times, as one of the leading Chambers of Commerce in the country; and WHEREAS, Elizabeth Bustos served as a member of the San Diego County Hispanic Chamber of Commerce Board of Directors for five years, as Chair for the past two years. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Thursday, January 8, 2004 as: yl A ELIZABETH BUSTOS DAY We call upon all citizens of National City to recognize Ms. Bustos for her dedication and contributions to the business community. Luis Nat ividad Councilmember _- Mayor Ron Morrison Councilmember Fideles Ungab Councilmember G+' 4- .b: z • frorlantation WHEREAS, the San Diego County Hispanic Chamber of Commerce is the leading voice of the business community for the Latino business community in the greater San Diego County area; and WHEREAS, the San Diego County Hispanic Chamber of Commerce provides much needed services to its members and the general business community of the County of San Diego; and WHEREAS, the San Diego County Hispanic Chamber of Commerce has been recognized not once, but three times, as one of the leading Chambers of Commerce in the country; and WHEREAS, N. Paola Hernandez has served as a member of the San Diego County Hispanic Chamber of Commerce Board of Directors for four years; and WHEREAS, Ms. Hernandez has used her experience in both the public and private sectors to serve the community in an untiring manner; and WHEREAS, Ms. Hernandez will serve as Chair of the Board of Directors of the San Diego County Hispanic Chamber of Commerce. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Thursday, March 11, 2004 as: N. PAOLA HERNANDEZ DAY We call upon all citizens of National City to recognize Ms. Hernandez for her dedication and contributions to the business community. Frank Parra Vice Mayor Luis Natividad Councilmember Nick Inzunza Mayor Ron Morrison Councilmember Fideles Unga Councilmember Et. ^` fi ITEM #1 3/16/04 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATE ENT EETING DATE March 16, 2004 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS) AND THE CITY COUNCIL OF NATIONAL CITY PREPARED BY DEPARTMENT Patt Z ary Human Resources EXPLANATION Interim Director of Human Resources The Memorandum of Understanding between the City of National City and the National City Police Officers' Association for the period July 1, 2002 through June 30, 2005, approved by City Council in Resolution No. 2002-133 on September 3, 2002, provides that "The City shall amend its contract with PERS to provide a retirement formula of 3% at 50 effective July 1, 2004, to eligible retirees from the POA after effective date." (Article 18, Public Employees' Retirement System, Section 3, The Plan Definition [el). Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public. Those values, as identified in the amendment actuarial valuation for the adoption of this plan amendment include: 1) Change in the Present Value of Benefits $4,991,590 2) Change in the Accrued Liability $3,801,772 3) Change in the Total Employer Rate 11.028% This resolution begins the contract amendment process. Environmental Review X N/A Financial Statement Approved By. nance •, motor The total CaIPERS contribution for FY 2004/2005 for the National City Police Officers' Association in .:ses by 11.028% from $1,214.226 to $1,662,770 to provide the 3% @ 50 benefit. The FY 2004/2005 budget will be adjusted to reflect the cost increase. Account No. STAFF RECOMMENDATION Recommend approval of the proposed Resolution. BOARD f COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2004-41 La 1. Resolution 2. Cost Amendment Cost Analysis — Valuation Basis: June 30, 2002 A-200 (9/99) RESOLUTION NO. 2004 — 41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT WITH THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21362.2 (3% @ 50 Full formula) for local police members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED and ADOPTED this 16th day of March, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: leak: IL George H. Eiser, Ill City Attorney CalPERS California Public Employees' Retirement System EXHIBIT • AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees` Retirement System and the City Council City of National City • The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, Novmeber 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002 and September 17, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective September 17, 2002, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. r-- � —i 7f:r a :6.% m i — L r 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7 The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). I � j 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level, of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325 (One -Tire 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g. Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years4Additional Service Credit). 10. Public Agency, in accordance with' Government Code Section 20790, ceased to be an "employer" foriurposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuation's of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION v� CITY COUNCIL PUBLIC EMPLOYEES' RETIREMI YSTEM CITY OF NATIONAL CITY BY KENNETH W. ACTUARIA PUBLIC BY `i- 'N, CHIEF PRESIDING OFFICER �' LOYER SERVICES DIVISION •YEES' RETIREMENT SYSTEM ... 4 0 Clerk AMENDMENT ER# 0190 PERS-CON-702A (Rev. 8\02) CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2002 SAFETY POLICE PLAN FOR CITY OF NATIONAL CITY EMPLOYER NUMBER 190 Benefit Description: 21362.2, 3% @ 50 Full Formula Present Value of Projected Benefits The table below shows the change in the total present value of benefits for the proposed plan amendment. The present value of benefits represents the total dollars needed today to fund all future benefits for current members of the plan, i.e. without regard to future employees. The difference between this amount and current plan assets must be paid by future employee and employer contributions. As such, the change in the present value of benefits due to the plan amendment represents the "cost" of the plan amendment. However, for plans with excess assets some or all of this "cost" may already be covered by current excess assets. As of June 30, 2002 Current Plan Post -Amendment Total Assets at Market Value (MVA) $ 34,331,084 $ 34,331,084 Actuarial Value of Assets (AVA) 37,764,192 37,764,192 AVA t MVA 110.0% 110.0% Present Value of Projected Benefits (PVB) $ 52,731,353 $ 57,722,943 Actuarial Value of Assets (AVA) 37,764,192 37,764,192 Present Value of Future Employer and Employee Contributions(PVB —AVA) $ 14,967,161 $ 19,958,751 Change to PVB 4,991,590 Accrued Liability It is not required, nor necessarily desirable, to have accumulated assets sufficient to cover the total present value of benefits until every member has left employment. Instead, the actuarial funding process calculates a regular contribution schedule of employee contributions and employer contributions (called normal costs) which are designed to accumulate with interest to equal the total present value of benefits by the time every member has left employment. As of each June 30, the actuary calculates the "desirable" level of plan assets as of that point in time by subtracting the present value of scheduled future employee contributions and future employer normal costs from the total present value of benefits. The resulting "desirable" level of assets is called the accrued liability. A plan with assets exactly equal to the plan's accrued liability is simply "on schedule" in funding that plan, and only future employee contributions and future employer normal costs are needed. A plan with assets below the accrued liability is "behind schedule", or is said to have an unfunded liability, and must temporarily increase contributions to get back on schedule. A plan with assets in excess of the plan's accrued liability is "ahead of schedule", or is said to have excess assets, and can temporarily reduce future contributions. A plan with assets(AVA) in excess of the total present value of benefits is called super - funded, and neither future employer nor employee contributions are required. Of course, events such as plan amendments and investment or demographic gains or losses can change a plan's condition from year to year. For example, a plan amendment could cause a plan to move all the way from being super -funded to being in an unfunded position. December 4, 2003 Page 1 of 5 3:28 PM CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2002 SAFETY POLICE PLAN FOR CITY OF NATIONAL CITY EMPLOYER NUMBER 190 Benefit Description: 21362.2, 3% @ 50 Full Formula The changes in your plan's accrued liability, unfunded accrued liability, and the funded ratio as of June 30, 2002 due to the plan amendment are shown in the table below. As of June 30, 2002 Current Plan Post -Amendment Entry Age Normal Accrued Liability (AL) $ 40,403,391 $ 44,205,163 Actuarial Value of Assets (AVA) 37,764,192 37,764,192 Unfunded Liability/(Excess Assets) (UAL = AL - AVA) $ 2,639,199 $ 6,440,971 Funded Ratio (AVA / AL) 93.5% 85.4% Change to AL 3,801,772 Total Employer Contribution Rate While the tables above give the changes in the accrued liability and funded status of the plan due to the amendment, there remains the question of what will happen to the employer contribution rate because of the change in plan provisions. Ca1PERS policy is to implement rate changes due to plan amendments immediately on the effective date of the change in plan benefits. This change is displayed as the "Change to Total Employer Rate" on the following page. If the contract amendment effective date is on or before June 30, 2004, the change in the employer contribution rate should be added to the employer's current rate. In general, the policy also provides that the change in unfunded liability due to the plan amendment will be separately amortized over a period of 20 years from the effective date of the amendment and all other components of the plan's unfunded liability/excess assets will continue to be amortized separately. However, your actuary may choose to apply different rules to plans with a current employer contribution rate of zero. The pre -amendment excess assets in these plans were sufficient to cover the employer's normal cost for one or more years into the future. A plan amendment will use up some or all of the pre - amendment excess assets. In order to maintain our goal of providing rates that are relatively stable, while taking into account known or expected future events, your actuary may decide to spread any remaining excess assets over a single number of years. This is known as a "fresh start" and will generally be for a period not less than 15 years, and in no case less than 5 years. You may call your actuary to discuss further alternative financing options. If the amendment uses up all excess assets and creates an unfunded liability (i.e. from being ahead of schedule to behind schedule), the total post -amendment unfunded liability may be amortized over 20 years. In no case may the annual contribution with regard to a positive unfunded liability be less than the amount which would be required to amortize that unfunded liability, as a level percent of pay, over 30 years. The table on the following page shows the change in your plan's employer contribution rate due to the plan amendment for fiscal 2004-2005. December 4, 2003 Page 2 of 5 CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2002 SAFETY POLICE PLAN FOR CITY OF NATIONAL CITY EMPLOYER NUMBER 190 Benefit Description: 21362.2, 3% @ 50 Full Formula As of June 30, 2002 Current Plan Post -Amendment 2004-2005 Employer Rate Payment for Normal Cost 14.289% 18.706% Payment on Amortization Bases 6.358% 12.969% Payment for 1959 Survivor Benefit Program 0.000% 0.000% Total Employer Rate 20.647% 31.675% Change to Normal Cost 4.417% Change to Total Employer Rate 11.028% Current Amortization Base t Multiple Base Amendment Amortization Base - Fresh Start 2 N/A - Multiple Base 3 20-year 2004-2005 Employee Rate Total Employee Rate 9.000% 9.000% Change to Total Employee Rate 0.000% 2005-2006 Estimated Employer Rate ° (recognizing 4% investment return for 2002-2003) 24.0% 35.1% Projection Amortization Base Mulitple Base Multiple Base 1 — Details of the current amortization base are shown on page 10 of June 30, 2002 annual valuation report. If you have adopted any other subsequent amendments, the current amortization base is the schedule after these adopted amendments. 2 - If a fixed number of years is shown, it means that the current unfunded actuarial liability is projected and amortized over this fixed number of years. This amortization replaces the amortization schedule shown in your June 30, 2002 annual valuation and any other subsequent amendments you have adopted. 3 - If 20-year is shown, it means that the change in liability due to plan amendments is amortized separately over a 20-year period. This amortization schedule is in addition to the amortization schedule shown in the June 30, 2002 annual valuation and any other subsequent amendments you have adopted. 4 - Excludes 1959 Survivor Benefit Program rate. In the above table, the information shown in the 2004-2005 box represents the actual initial contribution rate that will apply during fiscal 2004-2005 if you adopt the amendment. However, these figures do not incorporate the 4% investment return in 2002-2003. The estimated employer rates shown in the 2005- 2006 box will give you a good estimate of what to expect in 2005-2006 Note that the change in normal cost in the table above may be much more indicative of the long term change in the employer contribution rate due to the plan amendment. The plan's payment on amortization bases shown in the table above is a temporary adjustment to the employer contribution to "get the plan back on schedule". This temporary adjustment to the employer rate varies in duration from plan to plan. For example, a plan with initial excess assets being amortized over a short period of time will typically experience a large rate increase when excess assets are fully amortized. While a plan amendment for such a plan may produce little or no increase in the employer contribution rate now, the change in normal cost due to the plan amendment will become fully reflected in the employer contribution rate as soon as initial excess assets are fully amortized. December 4, 2003 Page 3 of 5 3:28 PM CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: DUNE 30, 2002 SAFETY POLICE PLAN FOR CITY OF NATIONAL CITY EMPLOYER NUMBER 190 Benefit Description: 21362.2, 3% @ 50 Full Formula Disclosure If your agency is requesting cost information for two or more benefit changes, the cost of adopting more than one of these changes may not be obtained by adding the individual costs. Instead, a separate valuation must be done to provide a cost analysis for the combination of benefit changes. If the proposed plan amendment applies to only some of the employees in the plan, the rate change due to the plan amendment still applies to the entire plan, and is still based on the total plan payroll. Any mandated benefit improvements not included in the June 30, 2002 annual valuation have not been incorporated into this cost analysis. Please note that the cost analysis provided in this document may not be relied upon once the CalPERS • actuarial staff have completed the next annual valuation, that is, the annual valuation as of June 30, 2003. If you have not taken action to amend your contract, and we have already completed the June 30, 2003 annual valuation report, you must contact our office for an updated cost analysis, based on the new annual valuation. Descriptions of the actuarial methodologies, actuarial assumptions, and plan benefit provisions may be found in the appendices of the June 30, 2002 annual report. Please note that the results shown here are subject to change if any of the data or plan provisions change from what was used in this study. Certification This actuarial valuation for the proposed plan amendment is based on the participant, benefits, and asset data used in the June 30, 2002 annual valuation, with the behefits modified if necessary to reflect what is currently provided under your contract with CalPERS, and further modified to reflect the proposed plan amendment. The valuation has been performed in accordance with standards of practice prescribed by the Actuarial Standards Board, and the assumptions and methods are internally consistent and reasonable for this plan, as prescribed by the CalPERS Board of Administration according to provisions set forth in the California Public Employees' Retirement Law. Nancy E. Campbell, A.S.A., M.A.A.A. Enrolled Actuary Senior Pension Actuary, CalPERS Fin Process Ids: Annual-145071 Base-163489 Proposal-163490 December 4, 2003 "3.7R PM Page 4 of 5 CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2002 SAFETY POLICE PLAN FOR CITY OF NATIONAL CITY EMPLOYER NUMBER 190 Benefit Description: 21362.2, 3% @ 50 Full Formula Summary of Plan Amendments Valued COVERAGE GROUP 75001 Pre -Amendment ® The Service Retirement benefit calculated for service earned by this group of members is a monthly allowance equal to the product of the 2% @ 50 benefit factor, years of service, and final compensation. (Final compensation is reduced by $133.33 per month for members with a modified formula). The benefit factors for retirement at integral ages are shown below: Retirement 2% at 50 Aqe Factor 50 2.000% 51 2.140% 52 2.280% 53 2.420% 54 2.560% 55 and older 2.700% Post -Amendment ® The Service Retirement benefit calculated for service earned by this group of members is a monthly allowance equal to the product of the 3% @ 50 benefit factor, years of service, and final compensation. (Final compensation is reduced by $133.33 per month for members with a modified formula). The benefit factors for retirement at integral ages are shown below: Retirement 3% at 50 Age Factor 50 3.000% 51 3.000% 52 3.000% 53 3.000% 54 3.000% 55 and older 3.000% December 4, 2003 3:28 PM Page 5 of 5 ®ETING DATE City of National City, California COUNCIL AGENDA STATEMENT 3 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO PENHALL COMPANY, INC. FOR THE REMOVAL OF WODEN STREET PEDESTRIAN OVERCROSSING IN NATIONAL CITY, SPECIFICATION NO. 97-10 PREPARED BY Din Daneshfar 336-4387 EXPLANATION DEPARTMENT Public Works/Engineering SEE ATTACHED EXPLANATION Environmental Review X N/A Financial Statement ` Finance�or The total estimated amount ($70,225) is available in Account Nos. 308-409-500-598-6056, and Wl. fYlaulir- 109-409-500-598-605 6. Approved By: Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION R OMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2004-42 1. Resolution 2. Bid Opening Information Sheets 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (9 99i RE: RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO PENHALL COMPANY, INC. FOR THE REMOVAL OF WODEN STREET PEDESTRIAN OVERCROSSING, SPECIFICATION NO. 97- 10 The Woden Street pedestrian bridge crossing Harbor Drive in National City is currently closed, and has been since 1995, due to seismic concerns. The bridge was primarily used by the Navy but due to reconfiguration of the base it is no longer needed. It was determined that instead of seismic retrofitting the bridge; it made more sense to simply remove it. The City applied for and received a Federal grant to do the work. The federal grant pays 80% of the cost, and the city is required to pay 20%. The project consists of removing a single -span steel through girder bridge structure, approximately 122 feet long, and 13 feet wide. It will include removal of the temporary chain link fences, steel sign, light posts, abutment/stairs and the wrought iron fence as shown on the plans. All work will be in accordance with the Specifications No. 97-10 and Drawing numbered 8123-D through 8132-D. On August 6, 2002, by Resolution No. 2002-116, a contract was approved between the City of National City and Tetra Tech ASL, Inc. to provide design services for the preliminary engineering to prepare plans and specifications for the project. On August 8, 2003, the City was authorized by Caltrans to proceed with the Construction. On November 10, 2003, the project plans, specifications and cost estimates were completed. On January 9, 2004, a construction permit was obtained from the Department of the Navy to perform work on the Navy side. A Bid opening date was established and On January 23 and 30, 2004, the project was advertised on the Local and Regional Newspapers. On February 23, 2004, four bids were received and opened for the Removal of Woden Street Pedestrian Overcrossing, Specification No. 97-10. Staff has reviewed the bid documents and found the lowest responsive bidder, Penhall Company, Inc. is qualified to perform the work. The total cost for the work is estimated at $70,225. This amount includes the proposed lowest bid amount ($51,225), approximately 20% ($10,000) for inspection, approximately 3% ($1,500) for material testing services, and approximately 15% ($7,500) for contingencies. The project is funded 80% by federal and 20% by local funds. The Bid Opening Information Sheets are attached for further review. RESOLUTION NO. 2004 — 42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PENHALL COMPANY, INC. FOR THE REMOVAL OF THE WODEN STREET PEDESTRIAN OVERCROSSING WHEREAS, the Engineering Department did, in open session on February 23, 2004, publicly open, examine and declare all sealed bids for the removal of the Woden Street Pedestrian Overcrossing, Engineering Specification No. 97-10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the removal of the Woden Street Pedestrian Overcrossing to the lowest responsive, responsible bidder, to wit: PENHALL COMPANY, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between Penhall Company, Inc. and the City of National City for the removal of the Woden Street Pedestrian Overcrossing. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2004. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /`_ George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 97-10 PROJECT TITLE: REMOVAL OF WODEN STREET PEDESTRIAN OVER - CROSSING FY 2003-2004 OPENING DATE: MONDAY, February 23, 2004 TIME: 3:00PM ESTIMATE: $ 90,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME AND ADDRESS (PAGE 13) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY (PAGE 26-CHECK (PAGE 27-BOND) 1. PENHALL COMPANY 5775 Eastgate Drive San Diego, CA 92121 $ 51,225.00 X 2. CLAUSS CONSTRUCTION 8956 Winter Gardens Blvd. Lakeside, CA 92040 $ 78,110.00 X 3. HARBOR BAY, INCORPORATED 314 Morgan Place Vista, CA 92083 $ 108,180.00 X 4 TELLIARD CONSTRUCTION 740 Amiford Drive San Diego, CA 92107 $ 213,600.00 X Removal of Woden Street Pedestrian Overcrossing Spec. No. 97-10 NIT City Of National City 1243 National City Boulevard, National City, CA 91950 moan Clauss Construction Progress Est. No. 2/26/04 Harbor Bay, Inc. $ 39,000.00 $ 39,000.00 $ 70,100.00 $ 70,100.00 $ 70,860.00 $ 70,860.00 1 1 LS Bridge Removal 2 1 LS Traffic Control $ 5,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 $ 30,000.00 $ 30,000.00 3 3 EA Remove Sign Structure $ 75.00 $ 225.00 $ 670.00 $ 2,010.00 $ 500.00 $ 1,500.00 4 2 EA Roadsign Signs $ 2,000.00 $ 4,000.00 $ 500.00 $ 1,000.00 $ 660.00 $ 1,320.00 5 1 LS Lead -Based Paint Abatement and Disposal $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 4,500.00 $ 4,500.00 Total $ 51,225.00 - $ 78,110.00 $ 108,180.00 Prepared by: City of National City, California COUNCIL AGENDA STATEMENT -ETING DATE March 16, 2004 AGENDA ITEM NO. 4 ITEMTITLE 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 Y RAY ALLEN, LT. DEPARTMENT POLICE 336-4514 EXPLANATION On December 16,2003, the City Council passed a resolution authorizing the Mayor to enter into a 90-day extension of an existing contract with MTDB to regulate para transit vehicles operating in the City of National City. The current 90-day extension expires on March 31, 2004. Staff has met with the Mayor and the City Attorney has drafted some amendments to the current agreement that addresses some concerns the Mayor and City Council have with the current agreement. The City Attorney and the Police Department request an additional 90-day extension to address additional concerns that MTDB has with the proposed changes that were recommended. The attached 90-day extension will authorize the Mayor to execute a new agreement with MTDB. After the City Council Meeting, the resolution and agreement will be sent to MTOB. Environmental Review X N/A Financial Statement No financial impact. Account No. STAFF RECOMMENDATION Authorize the Mayor to execute the new 90-day extension. AR / COIS IO RECO ENDATION TTACHMENTS ( Listed Below ) LProposed 90-day extension Resolution A-200 (MO) Resolution No. 2004-43 RESOLUTION NO. 2004 — 43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 90-DAY EXTENSION TO AN AGREEMENT WITH METROPOLITAN TRANSIT BOARD 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 from October 1, 2003 through December 31, 20 ,and from January 1, 2004 through March 31, 2004; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through June 30, 2004. 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 Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16t day of March, 2004. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill City Attorney NohowMetropolitan Transit Development Board �� 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 ORDINAL MTDB Doc. No. T0095.5-92 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 California public agency, operating as the Metropolitan Transit System (herein called "MTS"), for a period of 90 days from January 1, 2004, through March 31, 2004. WHEREAS, MTS 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 MTS's jurisdiction; and WHEREAS, the City desires that MTS regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTS's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTS entered into an agreement to authorize MTS 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 from July 1, 2003, through September 30, 2003; and October 1, 2003, through December 31, 2003. WHEREAS, the City and MTS desire to temporarily extend the current agreement for a period of 90 days, through March 31, 2004. NOW THEREFORE, in consideration of the above, the City and MTS agree as follows: 1. MTS will adopt, administer, and enforce its taxicab and other for -hire vehicle ordinances, policies, and regulations as in effect on January 1, 2004, and as thereafter from time to time amended by MTS, and thereby regulate such vehicles and transportation services rendered wholly within the City's corporate limits during the period ending March 31, 2004, pursuant to PUC Section 120266. 2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by MTS Taxicab Administration and other for -hire vehicles, Ordinance No. 11 policies, and regulations. 3. The City Manager and MTS General Manager may supplement this agreement by executing a Memorandum of Understanding, relative to the administrative and operating procedures of taxicab and other for -hire vehicle regulations, and to provide for reimbursable staff and legal support services. 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 o' Santee. County o' San Diea^. State of Caiiforoia Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and the "1 .Taxicab Administration Subsidiary Corporations: 4 jSan Diego Transit Corporation, ral San Diego Trolley. Inc... and l !San Diego & Arizona Eastern Railway Company For persona! trip planning or route information. cal! 1-800-COMMUTE or visit our web site at sdcommute.com! IN WITNESS THEREOF, this extension to the agreement is executed by the City acting by and through its Mayor pursuant to Council Resolution No. 2003-172 and by MTS acting through its General Manager. Dated this 16th day of December 2003. THE CITY OF NATIONAL CITY SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD Nick Inz Mayor Date: Jack Limber Interim General Manager WE HEREBY APPROVE the form and legality of the foregoing Agreement. /2 -3/-03 SChamp/PSmith/CITY RENEWALS CL-NATLCITY. EXTEND5.ICARRI 12/18/03 Date: JCatr1 eo -003 -2- RESOLUTION NO. 2003 —172 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 90-DAY EXTENSION TO AN AGREEMENT WITH METROPOLITAN TRANSIT BOARD 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 from October 1, 2003 through December 31, 2003; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through March 31, 2004. 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 Fifth Amendment to Agreement is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 16th day of Deceis . - 2003. a .1_,Michael R. Dalla, ity Clerk Nick In , Mayor APPROVED AS TO FORM: t George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on December 16, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-172 of the City of National City, California, passed and adopted by the Council of said City on December 16, 2003. li Citylerk of the City National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE March 16, 2004 5 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE 15T" STREET BETWEEN "C" AND "D" AVENUES AND A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 15T" STREET (APPLICANT: CITY OF NATIONAL CITY) (CASE FILE NO.: SC - PREPARED BY Roger G Post,3336-4310 DEPARTMENT Planning ng EXT. EXPLANATION The council voted to approve this item at the March 2, 2004 public hearing. The attached resolution is necessary to finalize the vacation to accommodate the new National City Fire Station. CategoricalEnvironmental Review X N/A • • Financial Statement N/A STAFF RECOMMENDATION Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Resolution (including Exhibit "A") 2. Order of Vacation Resolution No. 2004-44 3. Location Map A-200 (Rev. 7/03) RESOLUTION NO. 2004 — 44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE 15TH STREET BETWEEN "C" AND "D" AVENUES AND A 162 FOOT LONG PORTION OF THE ALLEY EXTENDING SOUTH OF 15TH STREET APPLICANT: CITY OF NATIONAL CITY CASE FILE NO. SC-2003-3 WHEREAS, the City Council of the City of National City adopted Resolution No. 2004-23 on February 17, 2004, declaring its intention to vacate and. close 15th Street between "C" and "D" Avenues, and a 162 foot long portion of the alley extending south of 15th Street, more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full, excepting therefrom certain public easements, as more particularly described hereafter, in the City of National City, County of San Diego, State of California; and WHEREAS, the City Engineer of the City of National City, California, has caused notice of said vacation and closure to be posted in the manner specified by law; and WHEREAS, the Planning Commission of the City of National City, California has considered the proposed vacation and closure and has found and determined that the said, proposed vacation and closure of 15th Street between "C" and "D" Avenues and of a 162 foot long portion of the alley extending south of 15th Street is in conformity with the City's adopted General Plan; and that said portion of public right- of-way is not useful as a nonmotorized transportation facility, as defined in Section 887 of the Streets and Highways Code of California, and is not needed for present or prospective public use; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the Streets and Highways Code of the State of California, in order to abandon said street and alley have been done and accomplished; and WHEREAS, a hearing was held on March 2, 2004, in the City Council Chambers of the City of National City, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, the City Council at said hearing, found, from all evidence submitted, that said portion of public right-of-way is unnecessary for present or prospective public street purposes, and is not useful as a nonmotorized transportation facility, as defined in Section 887 of the California Streets and Highways Code; and Resolution No. 2004 — 44 March 16, 2004 Page Two WHEREAS, the City Council at said hearing further found that vacation and closure of said portion of public right-of-way is in conformity with the adopted General Plan; and WHEREAS, the proposed vacation and closure is categorically exempt from the California Environmental Quality Act, since it will allow for infill development consistent with the General Plan and will result in no significant environmental effects. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order to Vacate the above described portion of public right-of-way reserving and excepting from the vacation, an easement to San Diego Gas and Electric for access to and maintenance of existing gas facilities unless such facilities are abandoned to the satisfaction of San Diego Gas and Electric Company. The easement reserved .and excepted shall include the right of ingress thereto and egress therefrom, together with the right to maintain the said easement free and clear of any excavation br fills, the erection or construction of any building or other structures, the planting of any tree or trees thereon, or the drilling or digging of any well or wells thereon, together with the right to otherwise protect from all hazards the operation and use of any right hereby reserved. Upon written permission of the City the owners of the underlying fee may utilize the above described parcel of land for structures, approved plantings, the installation of privately owned pipelines, and/or other approved usages. The easement reserved herein is in, under, over, upon, along and across 15th Street between "C" and "D" Avenues and of a 162 foot long portion of the alley extending south of 15th Street more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. 2. That the vacation of the above described portion of public right-of-way is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 3. That the vacation of the above -described portion of public right-of-way is made to facilitate the new National City Fire Station. 4. That the City Clerk is hereby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8325 of the California Streets and Highways Code. Resolution No. 2004 — 44 March 16, 2004 Page Three 5. That from and after the date that this Resolution is recorded, the above -described portion of public right-of-way no longer constitutes a street, highway, or public service easement. PASSED and ADOPTED this 16th day of March, 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: `zc George H. Eiser, Ill City Attorney Nick Inzunza, Mayor 151" STREET — STREET VACATION THAT PORTION OF 15TH STREET IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY OF AND ADJACENT TO THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE, BY CITY COUNCIL RESOLUTION NO. 6576, RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 4 OF TEN ACRE LOT 8, OF SUBDIVISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 FILED JULY 2,1888 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1 A DISTANCE OF 10 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF THAT PORTION OF "C" AVENUE VACATED AND CLOSED TO PUBLIC USE; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THAT PORTION OF "C" AVENUE VACATED AND CLOSED TO PUBLIC USE TO A POINT ON THE SOUTHERLY LINE OF THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE BY CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2,1956 AS DOCUMENT NO. 28963 IN BOOK 5999, PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE BEGINNING OF A TANGENT 10 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE BEING TANGENT TO SAID SOUTHERLY LINE AND ALSO TANGENT TO THE EXHIBIT "A" Page 1 of 3 WESTERLY LINE OF "D" AVENUE AS SHOWN ON SAID MAP NO. 552; THENCE NORTHEASTERLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT OF TANGENCY ON THE WESTERLY LINE OF SAID "D" AVENUE; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID "D" AVENUE TO A POINT OF CUSP OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 20, BLOCK 4 OF TEN ACRE LOT 8 OF SAID MAP NO. 552, SAID CURVE BEING TANGENT TO THE WESTERLY LINE OF SAID "D" AVENUE AND ALSO TANGENT TO THE NORTHERLY LINE OF THAT PORTION OF 15Th STREET VACATED AND CLOSED TO PUBLIC USE PER. CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS DOCUMENT NO. 28963 IN BOOK 5999 PAGE 508 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTHWESTERLY ALONG SAID 10 FOOT RADIUS CURVE TO A POINT ON THE NORTHERLY LINE OF SAID PORTION OF 15T STREET VACATED AND CLOSED TO PUBLIC USE; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE BEGINNING OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO THE NORTHERLY LINE OF SAID PORTION OF 15Th STREET VACATED AND CLOSED TO PUBLIC USE AND ALSO TANGENT TO THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID 10 FOOT RADIUS CURVE TO THE NORTHWEST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. EXHIBIT "A" ALLEY VACATION IN BLOCK 4 ACRE LOT 8 MAp NO. 552 ALLEY IN BLOCK 4 OF TEN -ACRE LOT 8 OF SUBDIVISION NATIONAL RANCH ACCORDING TO MAP THEREOF NO. 552 LYING ADJACENT TO LOTS 1 THROUGH 6 AND 15 THROUGH 20 TOGETHER WITH THAT PORTION OF ALLEY LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTHFRi y LINE OF 15Th STREET AS SHOWN ON SAID MAP NO. 552 AND THE NORTHERLY LINE OF THAT PORTION OF 15TH STREET VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 6576 RECORDED MARCH 2, 1956 AS 28963 IN BOOK 5999 PAGE 508 OF OFFICIALDOCUMENT NO. RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXHIBIT "A" Page 3of3 Kimball Park National City Junior High .--'f `J G,o IV -OS PROPOSED STREET CLOSURE ZONE BOUNDARY ® 6 6 N A LOCATION MAP Vacation of 15th Street between C and D Avenue and 162 ft of alley abutting the southerly line of 15th Street SC-2003-3 NATIONAL CITY PLANNING DRN. DATE: 1/15/04 INITIAL HEARING: 2/2/04 ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on March 16, 2004, by the City Council of the City of National City, hereby orders the vacation of the following street within the City limits of National City: 15th Street between "C" and "D" Avenues and of a 162 foot long portion of the alley extending south of 15th Street, more particularly described in Exhibit "A" attached. Executed this 16th day of March, 2004. NICK INZUNZA, MAYOR MICHAEL R. DALLA, CITY CLERK City of National City, California COUNCIL AGENDA STATEMENT mEETING DATE March 16, 2004 AGENDA ITEM NO. 6 IT TITLE NOTICE OF DECISION - PLANNING COMMISSION APPROVAL OF A VARIANCE FOR LESS THAN REQUIRED FRONT YARD SETBACK AREA FOR A PROPERTY ON THE EAST SIDE OF SHELBY DRIVE APPROXIMATELY 15 FEET NORTH OF 321°D STREET (APPLICANT: WESTONE MANAGEMENT CONSULTANTS) (CASE FILE NO.: Z-2003-13) Roger G. Post, 33 -4310 DEPARTMENT Planning PREPARED BY EXT. EXPLANATION The project site is a 7,267 square foot lot on the east side of Shelby Drive approximately 15 feet north of 32nd Street in the Single -Family Residential (RS-2) Zone. The triangular - shaped property, which slopes down from the north to the south, is currently being developed. The applicant is proposing to place a factory -built home on the lot in such a manner that one corner will encroach three feet into the front yard setback area. Planning Commission held a hearing on this item February 2, 2004. There was no public testimony at the hearing. The Commissioners discussed the size of the encroachment into the front yard, and voted to approve the Variance finding that the home will still have a very large functional front yard despite the encroachment into the setback area. I Environmental Review Financial Statement N/A STAFF RECOMMENDATION N/A Categorical Exemption MIS Approval Approved By: Finance Director Account No. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Pruitt, Carrillo, Alvarado, Flores, Baca, Martinelli, Reynolds. Nays: Graham . Abstain: Saludares ATTACHMENTS E Listed Below ) L2. Planning Commission Resolution No. 4-2004 Location Map Resolution No. 3. Site photos 4. Site Plan A-200 (Rev. 7/0 RESOLUTION 4-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR LESS THAN REQUIRED FRONT YARD SETBACK AREA FOR A PROPERTY ON THE EAST SIDE OF SHELBY DRIVE APPROXIMATELY 15 FEET NORTH OF 32ND STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. Z-2003-13 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for less than required front yard setback area for a property on the east side of Shelby Drive approximately 15 feet north of 32°4 Street at a duly advertised public hearing held on February 2, 2004 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2003-13, 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 toallapplicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 2, 2004, support the following findings: 1. That because of special circumstances applicable to the property, including 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 triangular shape of the property results in a very small area in which a single family house could be built without encroaching into required setbacks. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed development minimally encroaches (14 square feet) into a large (2,964 square feet) front yard setback area, and since a large useable front and side yard will be maintained. 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 single-family residential development is permitted in the RS-2 zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes the placement of a factory -built home on the project site in such a manner that its southwest corner will encroach three feet into the front yard setback area. 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. Z-2003-13, dated 1/13/2004. 2. 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. 3. 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 imposed41y approval of the Zone Variance are binding on all present or future interest holders or estate Molders 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. 4. This permit shall become null and void if not exercised within one y9ar after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 1, 2004, by the following vote: AYES: PRUITT, CARRILLO, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS NAYS: GRAHAM ABSENT: ABSTAIN: SALUDARES CHAT MAN PROJECT LOCATION LOCATION MAP Z-2003-13 Zone Variance for less than required front yard set back area for a property on the east side of Shelby Drive approximately 15 feet north of 32nd Street NATIONAL CITY PLANNING DRN. DATE: 1/20/04 INITIAL HEARING: 2/2/04 Looking East across Shelby Drive Looking Southeast towards 32nd Street Looking North toward front property line City of National City, California COUNCIL AGENDA STATEMENT LETING DATE March 16, 2004 AGENDA ITEM NO. 7 (-ITEM TITLE REQUEST TO SCHEDULE A PUBLIC HEARING TO CONSIDER ADOPTION OF THE 2004 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering 336 4387 EXPLANATION SANDAG is required by State and Federal laws to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. The RTIP is a multi -year program of proposed major highway, arterial, transit, and bikeway projects, which includes the TransNet projects. Each local agency is required to hold a public hearing and adopt its Five -Year TransNet Local Street and Road Program of projects by Resolution. The current RTIP was adopted by the SANDAG Board on June 28, 2002 and covers the five-year period Fiscal .Years 2003 through 2007. A new adopted RTIP by the City Of National City is required for Fiscal Years 2005 through 2009 prior to adoption of the agencies five- year program by SANDAG. The attached 2004 Regional Transportation Improvement Program (RTIP) and TransNet Project List is National City's Five-year program of proposed major Capital Improvement Projects. ( Environmental Review X N/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Schedule to hold the Public Hearing on April 6, 2004 to adopt the Five -Year RTIP and TransNet Projects, and direct the City Clerk to notify the public. BOARD / COMMISSI RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. 2004 RTIP and TransNet Project Foil is 2. List of the City's Five -Year CIP Projects A-200 i9 99( Regional Transporta' mprovement Program (RTIP) New or,..,iendment Form LEAD AGENCY: City Of National City Project Manager:: Din Daneshfar Prepared by: Din Daneshfar Phone: (619) 336-4382 Date: 2/27/04 email: ddaneshfaraci.national-citv.ca.us RTIP No.JMPO ID: 1 (found in the 2002 RTIP; otherwise, write new project') Project Title: Plaza Blvd. Widening Project Location: Plaza Boulevard (city street name or area illustrated on state highway maps - e.g., in Oceanside on El Camino Real (TB map 1086/grid E-7) Project Limit: Highland Avenue to Euclid Avenue (Stated as from one road or street to another. Other boundary landmarks, such as rivers, creeks, State Parks, freeway crossings can be used in -lieu of streets or roads. Example: between 1st Street and Pine Blvd.; north of Avenel Creek to south of Rt 33; at Rock Creek bridge.) Project Description: Corridor Analysis, Preliminary Engineering, Environmental Clearance, Right -of -Way Acquisition, and Construction to Widen Plaza Boulevard. (Describe the work to be done. Include significant components of the improvement - in particular those that relate to air quality conformity. Example: rehabilitate roadway; convert 4-lane expressway to 6-lane freeway with 2 HOV lanes; construct left turn lane.) Post Mile: (length of project) 1.1 Existing (current approved program) Capacity Status* NCl/NC (Cl=capacity increasing; NC1=non capacity increasing) FUND TYPE TOTAL 08/99 CON RSTP TransNet $7,968,000 $1,092,000 $3,036,000 $584,000 $2,466,000 $254,000 $2,466,000 $254,000 $800,000 $103,648 $1,200,000 $154,473 $5,968,000 $633,879 TOTAL: $9,060,000 $3,620,000 $2,720,000 $2,720,000 $0 $0 $0 $903,648 $1,354,473 $6,801,879 Proposed (requested change) FUND''rYPE - TOTAL 'G107 08/09 ,RIIV CON RSTP TransNet $2,000,000 $1,092,000 $800,000 $258,121 $1,200,000 $254,000 $254,000 $200,000 $125,879 $800,000 $103,648 $1,200,000 $154,473 $833,879 TOTAL: $3,092,000 $1,058,121 $1,454,000 $254,000 $200,000 $125,879 $0 $903,648 $1,354,473 $833,879 For Fund Type, see 'RTIP Fund Type' table PE=Preliminary Engineering, includes environmental & design; RW=Right-of-Way; CON=Construction, includes vehicles (for transit) *For all CI projects, Project Information Form (Table 2) must accompany this table. Table 1 Regional Transportation Improvement Program (RTIP) New or Amendment Form Project Manager: : Din Daneshfar LEAD AGENCY: City Of National City Prepared by: Din Daneshfar RTIP No.1MPO ID: 3 (found in the 2002 RTIP; otherwise, write' new project) Project Title: Project Location: Street Resurfacing Various Locations (city street name or area illustrated on state highway maps - e.g., in Oceanside on El Camino Real (TB map 1086/grid E-7) Project Limit: City Wide (Stated as from one road or street to another. Other boundary landmarks, such as rivers, creeks, State Parks, freeway crossings can be used in -lieu of streets or roads. Example: between 1st Street and Pine Blvd.; north of Avenel Creek to south of RI 33; at Rock Creek bridge.) Project Description: Reconstruct/overlay various street sections throughout the City based on the pavement management system recommendation. (Describe the work to be done. Include significant components of the improvement - in particular those that relate to air quality conformity. Example: rehabilitate roadway; convert 4-lane expressway to 6-lane freeway with 2 HOV lanes; construct left turn lane.) Post Mile: (length of project) Existing (current approved program) FUND T TransNet Local Gas tax TOTAL $5,518,885 $720,000 $1,450,000 Phone: (619) 336-4382 Date: 2/27104 email: ddaneshfar(Wci.national-citv.ca.us $1,985,858 $580,000 $1,020,000 $240,000 $290,000 $1,091,000 $240,000 $290,000 Capacity Status' NCI (Cl=capac'ty increasing; NCl=non capacity increasing) 061p7 $1,422,000 $240,000 $290,000 O8fob PE TOTAL: $7,688,885 Proposed (requested change) FUND TYPE TransNet Local Gas Tax „ TOTAL $4,925,885 $950,000 $'174o,b00 $2,565,858 PRIG. $1,031,885 290,000 $1,550,000 $1,621,000 $1,952,000 $0 $0 $954,000 - $290,000 $1,020,000 $240,000 '-$290,o0O s $1,020,000 $240,000 $290,000- 8 $900,000 $240,000 $290,000 08109 $240,000 290,000 &CON $5,518,885 $720,000 $1,450,000 $0 $0 $7,688,885 TOTAL: $7,625,885 $1,321,885 $1,244,000 $1,550,000 $1,550,000 $1,430,000 $530,000 For Fund Type, see 'RTIP Fund Type' table PE=Preliminary Engineering, includes environmental & design; RW=Right-of-Way; CON=Construction, includes vehicles (for transit) "For all CI projects, Project Information Form (Table 2) must accompany this table. E RW, >PE CON $4,925,885 $960,000 $1,746,000 $0 $0 $7,625,885 I ouIc I Regional Transporta mprovement Program (RTIP) New or Amendment Form LEAD AGENCY: City Of National City Project Manager: Din Daneshfar Prepared by: Din Daneshfar Phone: (619) 336-4382 Date: 2/27/04 email: ddaneshfaraa..ci.national-citv.ca.us RTIP No./MPO ID: 4 (found in the 2002 RTIP; otherwise, write 'new project) Project Title: Project Location: Traffic Signal Installation/Upgrade Various Locations (city street name or area illustrated on state highway maps - e.g., in Oceanside on El Camino Real (TB map 1086/grid E-7) Project Limit: City Wide (Stated as from one road or street to another Other boundary landmarks, such as rivers, creeks, State Parks, freeway crossings can be used in -lieu of streets or roads. Example: between 1st Street and Pine Blvd.; north of Avenel Creek to south of Rt 33; at Rock Creek bridge) Project Description: Install and/or Upgrade various traffic signals throughout the City based on the Traffic Signal Inventory and Master Plan Recommendations. (Describe the work to be done. Include significant components of the improvement- in particular those that relate to air quality conformity. Example: rehabilitate roadway; convert 4-lane expressway to 6-lane freeway with 2 HOV lanes; constwct left turn lane.) Post Mile: (length of project) Existing (current approved program Capacity Status` NCI (Cl=capac"ty increasing; NCI=non capacity increasing) FUND,TYP TransNet Local TOTAL $650,000 $50,000 iR $175,000 $50,000 $125,000 $125,000 $125,000 /08'. oa%Os PE RW . PE&CON $650,000 $50,000 TOTAL: $700,000 $225,000 $125,000 $125,000 $125,000 S0 $0 $0 $0 $700,000 Proposed (requested change) FUNO TYPE? TOTAL 08/09 PE '?PE&CON TransNet Local $675,000 $50,000 $175,000 $50,000 $125,000 $125,000 $125,000 $125,000 $675,000 $50,000 TOTAL: $725,000 $225,000 $125,000 $125,000 $125,000 $125,000 $0 $0 $0 $725,000 For Fund Type, see 'RTIP Fund Type' table PE=Preliminary Engineering, includes environmental & design; RW=Right-of-Way; CON=Construction, includes vehicles (for transit) *For all CI projects, Project Information Form (Table 2) must accompany this table. FISCAL YEAR 04-05 103 — GENERAL CAPITAL OUTLAY FUND 1. Paradise Valley Road Widening 109 — GAS TAXES FUND AMOUNT $240,000 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvement — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15,000 6. Pavement Management System $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 - C.D.B.G. FUND 1. Installation of Pedestrian Ramps 2. Misc. Concrete Improvements 3. Neighborhood Preservation Program 4. Misc. Storm Drain Improvements 5. Granger Music Hall Parking Lot Resurfacing 6. Alley Improvements 7. Installation of Street Lights 8. Valley Road Improvement 9. Groundwater Pollutants Monitoring 10. Public Works Re -roofing 11. Public Works Yard Resurfacing 307 — PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2. Plaza Boulevard Widening 3. Traffic Signal Install/Upgrade $ 150,000 $ 100,000 $ 170,000 $ 50,000 $ 25,000 $ 140,000 $ 25,000 $ 150,000 $ 12,000 $ 250,000 $ 100,000 $1,172,000 $ 954,000 $ 254,000 $ 125,000 $1,333,000 312 - STP LOCAL FUND 1. Plaza Boulevard Widening $1,200,000 NON -DEPARTMENTAL GENERAL FUND (001) 1. Sweetwater Channel Maintenance $20,500 FISCAL YEAR 05-06 103 - GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 - GAS TAXES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 — C.D.B.G. FUND 1. Install Pedestrian Ramps $100,000 2. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements $ 50,000 $250,000 307 - PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets $1,020,000 2. Plaza Boulevard Widening $ 254,000 3. Traffic Signal Install/Upgrade $ 125,000 $1,399,000 NON -DEPARTMENTAL GENERAL FUND (001) 1. Sweetwater Channel Maintenance $ 20,500 FISCAL YEAR 06-07 103 - GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 - GAS TAXES FUND 1. Resurfacing of Varous Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 — C.D.B.G. FUND 1. Install Pedestrian Ramps $100,000 2. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements $ 50,000 $250,000 307 - PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets $1,020,000 2. Plaza Boulevard Widening $ 200,000 3. Traffic Signal Install/Upgrade $ 125,000 $1,345,000 NON -DEPARTMENTAL GENERAL FUND (001) 1. Sweetwater Channel Maintenance $ 20,500 FISCAL YEAR 07-08 103 - GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 - GAS TAXES FUND 1. Resurfacing of Varous Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 — C.D.B.G. FUND 1. Install Pedestrian Ramps $100,000 2. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements $ 50,000 $250,000 307 - PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2. Plaza Boulevard Widening 3. Traffic Signal Install/Upgrade $ 900,000 $ 125,879 $ 125,000 $1,150,879 NON -DEPARTMENTAL GENERAL FUND (001) 1. Sweetwater Channel Maintenance $ 20,500 FISCAL YEAR 08-09 103 - GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 - GAS TAXES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutt6r and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 — C.D.B.G. FUND 1. Install Pedestrian Ramps -+ $100,000 2. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements $ 50,000 $250,000 NON -DEPARTMENTAL GENERAL FUND (001) 1. Sweetwater Channel Maintenance $ 20,500 DD:FISCAL City of National City, California COUNCIL AGENDA STATEMENT ?ETING DATE March 16, 2004 AGENDA ITEM NO. 8 ITEM TITLE WARRANT REGISTER #35 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #35 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,209,318.24 BOARD / COMMISSIO DECO ENDATION ATTACHMENTS ( Listed Below 1. Warrant Register #35 2. Workers Comp Warrant Register dated 02/25/04 3. Payroll Warrant Register dated 02/25/04 A-209 (9 991 Resolution No... City of National City, California COUNCIL AGENDA STATEMENT tEETING DATE March 16, 2004 9 AGENDA ITEM NO. % ITEM TITLE WARRANT REGISTER #36 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #36 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. %TAFF RECOMMENDATION Approved By: Finance Direct() Account No, I recommend ratification of these warrants for a total of $ 501,269.16 BOARD / COMMISR CO END TION ATTdiCR $Vtre itelow ) 2. Workers Comp Warrant Register dated 03/03/04 Resolution Nog A-200 (9,99) 1 City of National City, California COUNCIL AGENDA STATEMENT ®ETING DATE March 16, 2004 AGENDA ITEM NO, 10 ITEM TITLE CLAIM FOR DAMAGES:James and Angie Ward PREPARED BY Michael R. Dalla, CM t'` ARTMENT City Clerk EXPLANATION The claim of James and Angie Ward arises from an occurrence on August 22, 2003 and was filed with the City Clerk's Office on February 17, 2004 Environmental Review xx_ N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS N/A A-290 (9/99) d Below j Approved BY: Finance Director Account No, Resolution No. City of National City, California COUNCIL AGENDA STATEMENT LETING DATE March 10, 2004 AGENDA ITEM NO. 11 ITEM TITLE TEMPORARY USE PERMIT — "Protecting Our Children" Health & Resource Fair" PREPARED BY osie Gutierrez 336-4210 DEPARTMENT Building and Safety EXPLANATION This event will take place at Kimball Park on Saturday, March 20, 2004 from 10:00 a.m. until 2:00p.m. This is a request from the National City Family Clinic & WIC Program to conduct an event to provide the community of National City with free medical screenings. There will be information on many of the programs that are available to residents that they may not be aware of. Free ID's and passports for all children under 17 years of age will be provided. Participants will educate the community on the importance of "Protecting Our Children". The event is expected to attract approximately 2,000 people. The applicant has requested a waiver of all fees. The event qualifies for a waiver of fees pursuant to City Council Policy #704. Environmental Review N/A Financial Statement The cost of processing the permit is $345.00 Approved By: Finance Director N/A Account No. 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 f Listed Below ) A-200 l9 99) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. 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 CITY ATTORNEY RISK MANAGER National City Family Clinic & The "WIC" Program Health & Resource Fair Saturday, March 20, 2004 10:00 a.m. to 2:00 p.m. YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x CONDITIONS OF APPROVAL: FIRE 336-4550 1. The Fire Department has no objection to this project given the information provided. 2. There shall be no cooking under any of the canopies. 3. Canopies shall have a ten -foot separation between one canopy and the next. PUBLIC WORKS 336-4380 1. No involvement from streets. 2. Facilities maintenance (as read) no involvement is needed. 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 insured's on all policies. (Done) 3. Execute standard hold harmless. (Done) Type of Event: Public Concert Parade Motion Picture �` P.eSo�.t-�.Fe Communit Event F i\ Festival _ Y t" Demonstration _ Circus _ Block Party Grand Opening _ Other Event Title: \� �t . \ s ` ��I \<M ks.�115@ZxC� kvai.S1 Event Location: 1•N\3'c''^1-%'� �OS� Event Date(s): From Aa0 dui to 3 �O 0`l Total Anticipated Attendance: \ �t O — a°°C) onth/Day/Ye. r ( a5.OParticipants) (f5OOSpectators) Actual Event Hours:kO' OO earn to D'•O© am/ Setup/assembly/construction Date: Start time: (.` 30 am Please describe the scope of your setup/assembly work (specific details): Dismantle Date: `3\ao ©A Completion Time: ti 1 D d 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. Sponsoring Organization: © ni,r(V.4 E , �Fo Pro it(C""�` p Not -for -Profit Chief Officer of Organization'(Name) c Applicant (Name):ga12_ .2- .G�Z� Address: `\D3S '` ?e \1 \� C CN �9 es . 9191 I ext .15 I Daytime Phone: �Q�E)1-iZ-(o` l'3%(o Evening Phone: ) �3 `y\C 4 1 Fax: 4. 4.2-(C1 `ci Contact Person "on site" day of the event: \.S?�‘.(2.bcZ0.3�Z-� 1, Email�f� a`Czs��\[tk OG kerCivager/ ellula C�\_30a ^ l,�'A NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION//JOF 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? YES NO If YES, please explain the purpose and provide amount(s): YES _ NO $ ket $ 3l� Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. N What is the projected amount of revenj.ie 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 tion abo t the event. �p 9 (� n' ��w %1� � S��LOV �Q, �`�- C�\Ssr�.w C�10'��C..} �7!„ C i s t ccv� �` � `t\ O 9 cA)JC�� `. c`�Dzsc�9.i�r C3uj c��a W - (-1 \-\\CLAA6 Cc'e \DU-1/4 IN \CH, Js lam./, Y sc\1CL V,✓ '\ e ` -- \ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES ` NO YES )C NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: YES y NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve t e use of tents or canopies? If YES: Number of tent/canopies9 Sizes 5 � \O X 1(i NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please dttach 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 dreas Please describe how food will be served at the event: If you intend to cook food in th event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Describeyourp�� no r clea Trash containers ��wit lids: • I of waste and garbage durin':►:nd after the 3 Please describe your procedures for both Crowd Control and Internal Security: YES YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: O 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 spectator - Please indicat at arrangement ou hav made for rovidingFirst Aid Staffing and Eq ment. &c;T ,5 Please descr Accessibility Plan for ccess at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 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: C <YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: C -30 �ap4/'pm Finish Time \ 0 ®Q a-1-1pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, CTC\CAVNC � Csb\k 1. -cis -R. Revised 10/3/01 If YES, please describe: 5 Event: ,Tor Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 c.1.3.%1 l `� Person in Charge of Activity Si rG� Address Wo55 4 \93 1\� N A.6 1Q9k -C} t' IQ ' 1 Telephone tea-- 4L-W_Q` te(s) of Use-3\--0\01 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all ,claims., demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of A Official Title For Office Use Only Certificate of Insurance Approved Date 7 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? h Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) ITEM #12 3/16/04 DISCUSSION OF JC PENNY INCIDENT OF NOVEMBER 14, 2003 (COUNCIL INITIATED) ITEM #13 3/16/04 DISTRIBUTION OF DONATED MONEY TO SAN PASQUAL INDIAN TRIBE FOR FIRE VICTIM FAMILIES. (COUNCIL INITIATED) CITY COUNCIL POLICY TITLE: CONTRIBUTIONS POLICY NUMBER: 202 ADOPTED: July 14, 1987 AMENDED OR REVISED: June 23, 1992 Purpose To establish a uniform method of dealing with the numerous requests from non-profit organizations and community groups for financial assistance or contributions. Policy 1. A limit of one $250 contribution per fiscal year per organization has been established. 2. Additional contributions per fiscal year may be approved by separate Council action for certain school related subgroups or clubs which have as their purpose, support of a particular school program or function. These requests, if approved, shall also be limited to one $250 contribution per school related subgroup or club per fiscal year. The total cumulative contribution related to a specific school including all school related subgroups or clubs supporting that school's programs or functions shall not exceed $1,500 per fiscal year, including the initial contribution and all subsequent contributions. 3. No contri b2tions will be approved for individuals not associated with a group as defined under Item 5 below. 4. All requests for contributions shall be made in writing and with the exception of requests covered under Item 6 below, al.l requests shall be placed upon the City Council agenda for consideration. 5. Requests for contributions from groups shall not be approved unless they are citizens of National City and the purpose of, or reason for assistance, serves a specific, tangible benefit to the City of National City. 6. In those cases where a request is received which does not meet the criteria established by this policy, the City Manager is authorized to so advise the requesting party by letter and to provide copy of the letter to the City Council for information. Related Policy References None City of National City Le- -ems 7'D P-Dspecicsp vs NICK INZUNZA MAYOR November 17, 2003 Planning for the City & Community Tamalada — 2003 National City Holiday Celebration to be held Tuesday, December 16, 2003 at 6:00 pm is under way! As an important member of our community, we would like to invite you to partner with us as we bring the city employees and community together for an evening of fun and celebration. This event will serve as an ideal marketing platform for your company to promote its name, products and services. Our City employees work year-round to assist our residents and businesses with the services they need. The purpose of this event will be to thank them for their hard work, as well as raise much needed funds and items for the 2003 Firestorm Victims. Our community members have also contributed to our city throughout the year by organizing a number of free community events, as well as non-profit events, and community programs. At the event we will be honoring community leaders and our own City employees which have been recognized throughout the year as Employee of the Month. In the invitation (to be mailed Nov 21) we will request attendees bring donations of new unwrapped toys and/or blankets. These items and the funds raised will be donated to the 2003 Firestorm Victims, National City Spirit of the Holidays 2003, and children at the General Hospital of Tijuana. The City of National City invites you to become part of our celebration by becoming a sponsor of our event. Attached is a list of Sponsorship Levels which describes the marketing and advertisement benefits your business will receive for sponsoring our community event. I hope you will partner with the City of National City to bring the community together for this worthwhile event. Your generous donation would be very much appreciated. Should you have any questions, please contact Paola Hernandez, Chief of Staff, at 619-336-4526 or PHernandez@ci.national-city.ca.us. Sincerely, Nick Inzunza Mayor Attachment CITY ADMINISTRATION BUILDING • 1243 NATIONAL CITY BOULEVARD • NATIONAL CITY • CA 91950 TEL. (619) 336-4526 • FAX (619) 336-4239 • E-MAIL: NInzunza(6 ci.national-city.ca.us Family 1 Hortencia Morales Crisoforo Garcia Anayello Garcia Maricella Garcia Hortencia Morales Toledo Garcia Ivan Garcia Frank Garcia Family 3 Silvana Fernandez Lucio Fernandez Martha Fernandez Mariana Fernandez Francisco Fernandez Lucio Fernandez Jr. Mexican/American Families Affected by the Wildfire Family 2 Mother Age 34 Father Age 39 Daughter Age 15 Daughter Age 13 Daughter Age 8 Son Age 13 Son Ape 11 Son Age 9 Mother 27 Father 31 Daughter Age 9 Daughter Age 8 Son Age 8 Son Age 4 Isabel Cruz Daughter Age 10 Antonio Age 5 Girl 4months Family 4 Epigania Garcia Ermilo Aparicio Melissa Daniel Jesus Mother Age 27 Father Age 28 Daughter 10 month San Age 8 Son Age 3 (4 ' H.r' " U 0 pow" "" �iarC.+GI Moodes- IP f¢ cG-:(olf.e.„ A/,rs . ,r�z ,�,. 31ca 't1/1 feArvtavkJe?, f-AAAA;i ) A-F0A,16 604A 3 ICY' `" ITEM #14 3/16/04 DISCUSSION -- CONSIDERATION OF OFFSITE CITY COUNCIL MEETINGS ON A QUARTERLY BASIS COVERING THE NORTH, SOUTH AND EAST AREA (COUNCIL INITIATED) City of National City, California COUNCIL AGENDA STATEMENT ..•EETING DATE March 16, 2004 AGENDA ITEM NO. 15 (ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES AT A NEW RESTURANT AT THE NORTHEAST CORNER OF NATIONAL CITY BOULEVARD AND PLAZA BOULEVARD AND A VARIANCE FOR LESS THAN REQUIRED PARKING, REDUCED PARKING AISLE WIDTHS AND FOR NO BUILDING SETBACKS (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION AND FRED DEMEO INC.) (CASE FILE NO.: CUP-2003-27/Z-2003-11) PREPARED BY DEPARTMENT EXT. Roger G. Poosst, 36-4310 Planning EXPLANATION The project site consists of two properties; the main site is located at the northeast corner of National City Boulevard and Plaza Boulevard in the General Commercial -Planned Development (CG-PD) zone. It is a 11,574 square foot property developed with the Steamed Bean and Trophy Lounge buildings. The second property comprising the project site is a 13,750 square foot property on the south side of Plaza Boulevard just east of National City Boulevard; it is developed with a substandard 24 space parking lot and a small house. The applicant proposes to demolish the three existing buildings and to construct a new 9,367 square foot restaurant. The restaurant, which will serve breakfast, lunch and dinner, will include a coffee bar/bakery/deli counter, seating for 232 people, a 950 square foot dance floor, and an indoor/outdoor bar. Alcohol sales will be incidental to the sale of food; employees who serve alcohol will be trained to ensure compliance with State laws regarding sale of alcoholic beverages. Music and dancing at the restaurant will primarily be limited to evening hours, and the restaurant will be staffed by trained/licensed security guards. Finally, the property on the south side of Plaza Boulevard will be redeveloped to provide 35 parking stalls. Planning Commission held a public hearing on this item at their February 2, 2004 meeting, at which time they heard testimony from several members of the public. The public testimony and the Commissioners discussion focused on he possible lack of available parking in the area, the potential for disturbance of residents and the handling of alcoholic beverages. The Commissioners voted to approve the Conditional Use Permit and Variance, fording that the use as proposed and designed will not have an adverse effect on nearby residents and property owners and that with required bonditions of approval, adequate parking will be provided. Environmental Review Financial Statement N/A X N/A Categorical Exemption MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit and Variance. Vote: Ayes- Alvarado, Flores, Carrillo, Graham, Baca Nays- Reynolds, Pruitt Martinelli Abstain- Saludares, ATTACHMENTS ( Listed Below ) L1. Planning Commission Resolution No. 5-2004 3. Site photographs 4. Site plan and floor plan Resolution No. Location Map A-200 (Rev. 7/03) RESOLUTION 5-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES AT A NEW RESTAURANT AT THE NORTHEAST CORNER OF NATIONAL CITY BOULEVARD AND PLAZA BOULEVARD AND A VARIANCE FOR LESS THAN REQUIRED PARKING, REDUCED PARKING AISLE WIDTHS AND FOR NO BUILDING SETBACKS APPLICANT: COMMUNITY DEVELOPMENT COMMISSION AND FRED DEMEO INC. CASE FILE NOS. CUP-2003-27/Z-2003-11 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of alcoholic beverages at a new restaurant at the northeast corner of National City Boulevard and Plaza Boulevard and a Variance for less than required parking, reduced parking aisle widths and for no building setbacks at a duly advertised public hearing held on February 2°d, 2004 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File Nos. CUP-2003-27 and Z-2003-11, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 2nd, 2004, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the rectangular 11,500 square foot property and 13,500 square foot satellite parking lot are large enough to accommodate a new restaurant with a building foot print of 9,367 square feet, where existing buildings have a 10,926 square foot footprint, and a 35 space parking lot where there exists a 24 space parking lot. 3. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed restaurant is slightly smaller than the bar/dance club and coffee shop that currently occupy the site, thus the increase in traffic will be minimal. Additionally, the proposed restaurant use will be designed to attract many customers (up to 30 percent) from the immediate area, thus many users will walk to • the use further negating any potential increase in traffic associated with the restaurant. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant will be designed and managed to minimize the amount of activity that spills over onto nearby streets, and since the building design will minimize noise dispersion beyond the property, specifically toward the east. Also, the expanded 35 space parking lot coupled with required parking agreements for 61 additional off-street parking spaces will minimize any potential impacts to nearby properties. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the new restaurant will offer aquality dining/entertainment experience to residents and students in the area, at a location identified by the City as needing redevelopment. 6. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. -11 FINDINGS FOR APPROVAL OF THE VARIANCE Find that the project will not have a significa t effect on the environment and adopt the proposed mitigated negative declaration. 2. That because of special circumstances applicable to the property, including size, 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 several properties on National City Boulevard have reduced or zero foot building setbacks and provide little to no off-street parking. Also, the size of the property is not large enough to allow for the development of a high quality restaurant, as encouraged by the City's General Plan, while providing the required number of off-street parking spaces. 3. 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 up to 30 percent of the clientele will walk to restaurant, and since the applicant must provide parking agreements for at least 61 additional off-street parking spaces in the area, which when added to the 35 spaces in the proposed parking lot will exceed the number of parking stalls required by the Land Use Code. 4. 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 a restaurant with after hours dancing is a conditionally permitted use in the General Commercial zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Conditional Use Permit/Zone Variance authorizes a 9,367 square foot restaurant with zero foot setbacks, with dancing and incidental sale of alcoholic beverages and a 35-space parking lot. 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- 27/Z-2003-11, dated 1/16/2004. 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. 3. The use shall comply with noise limits in Title 12 Noise Control of the National City Municipal Code. 4. The minimum age for entry into the establishment after 10:00 p.m. nightly, when there is entertainment, shall be 2l0years of age. 5. During hours of operation when dancing or live entertainment is featured the French doors along National City Boulevard shall remain closed. The patio area shall not be used for dancing or live entertainment. 6. Prior to the issuance of a Certificate of Occupancy the applicant shall provide evidence of agreement for use of 61 off-street parking spaces in the vicinity of the restaurant. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm water Mitigation Plan (SUSMP) are available at the Public Works/Engineering Department. 9. 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. 10. The deteriorated portions of the existing street improvements (sidewalk 100 S.F.) along the property frontages shall be removed and replaced. 11. 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. 12. 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. 13. An encroachment permit shall be obtained from the Engineering Department for any building encroachment into the right-of-way. 14. The building shall be redesigned or pushed back so that it does not encroach into the public right-of-way at ground level up to approximately 14 feet. Also absent an encroachment permit allowing French doors to encroach into the public right-of-way, the French doors on National City Boulevard shall open outward with a 180 degree range of motion allowing them to be fixed flush against the exterior of the building. 15. All exit doors shall open in the direction of travel. 16. Fire Flow for Type V-N construction with a fire sprinkler system will be a minimum of 1,500 gpm for 2 hours with a 20 psi residual. 17. Fire Suppression System will be required for the kitchen (cooking area). 18. Fully automatic fire sprinkler system will be required. 19. Fire Alarm system will be required. 20. All persons who will be serving alcoholic beverages should receive training in Responsible Beverage Service. 21. No off -premises consumption of alcoholic beverages sold at the establishment. 22. The restaurant should have adequate security at the door and inside the premises, during periods when entertainment is offered and/or after 10:00 p.m. nightly. Minimum required ratio is one (trained/licensed) security guard for every 100 guests inside the building. At least one guard shall be at the door to check identification and ensure there are no alcoholic beverages outside of the premises. 23. All A.B.C. regulations shall be obeyed. 24. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 25. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 26. 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. 27. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 28. The sale of alcoholic beverages shall be prohibited between the hours of 1:30 a.m. and 7:00 a.m. 29. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 30. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 31. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/sins directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 32. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other commodities. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 33. The area of the dance floor combined with area for video games, pool tables and other entertainment devices, excluding a jukebox, shall not exceed 950 square feet of floor area. 34. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. rL 35. This permit shall become null and void if not exercised within two years after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 36. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursiwt to provisions of the Land Use Code, if discontinued for any lesser period of time. 37. The interior walls of the building surrounding the proposed dance floor shall be soundproofed. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 1, 2004, by the following vote: AYES: CARRILLO, ALVARADO, FLORES, BACA, GRAHAM NAYS: PRUITT, REYNOLDS ABSENT: ABSTAIN: SALUDARES, MARTINELLI PROJECT LOCATION ION MA New restaurant at the northeast corner of National City Blvd. and CUP-2003-27/ Plaza Blvd. with a parking lot south of the restaurant on Plaza Blvd. Z-2003-11 NATIONAL CITY PLANNING f7 DRN. DATE: 1 /21 /04 INITIAL. HEARING: 2/2/04 Site Photographs 1 t i t N E g i TROPHY LOUNGE REMODEL NA LC% seer Oberlin o.... ° + DDD>S D ...- u BYE b""• GA"'" I.......... Ft. It EG-+eEe TROPHY LOUNGE REMODEL $4 a KVA CEnvironmental Review City of National City, California COUNCIL AGENDA STATEMENT EXPLANATION The City Council conducted a public hearing on January 20, 2004 and approved the rezoning of a two acre property (5800 Boxer Road) at the top of the hill south of Paradise Valley Road at the eastern City Boundary from Single -Family Residential (RS-1) to Private Institutional -Planned Development (IP-PD). The attached ordinance is needed to carry out Council's action. A resolution amending the General Plan land use designation of the property is also needed and is provided as a separate agenda item for the this meeting; the resolution is for both the above described amendment and the amendment approved for the Red Lion property. SECOND READING FETING DATE March 16, 2004 AGENDA ITEM NO. 16 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-1 (SINGLE- FAMILY RESIDENTIAL) TO IP-PD (PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT) FOR A TWO ACRE SITE AT 5800 BOXER ROAD (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: GP-2003-5/ZC- 2003-4) PREPARED BY PCP DEPARTMENT EXT. Roger G. Post, 336-4310 Planning / Financial Statement N/A STAFF RECOMMENDATI ON Adopt the proposed Ordinance. N/A Negative Declaration MIS Approval OAR / COMMISSION RECOMMENDATION N/A T. i t.I nanceS 2. Location Map Approved By: Finance Director Account No. Resonation No. A-200 (Rev. 7/03) ORDINANCE NO. 2004 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-1 (SINGLE-FAMILY RESIDENTIAL) TO IP-PD (PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT) FOR A 2 ACRE SITE AT 5800 BOXER ROAD APPLICANT: CINGULAR WIRELESS CASE FILE NOS. GP-2003-5/ZC-2003-4 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council found that 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 and adopted a proposed Negative Declaration which addresses both said General Plan amendment and rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan, since it will result in residential areas being protected from incompatible wireless communications facilities, and since the Planned Development Overlay zone will ensure that on a case by case basis all new development will be found suitable for the site and lacking the potential to adversely impact the existing residential neighborhood or natural resources in the area. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, California as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: Ordinance No. 2004 — Page Two From RS-1 (Single -Family Residential) to IP-PD (Private Institutional -Planned Development) for a 2 acre site at 5800 Boxer Road, as described by case file exhibit (GP-2003-5/ZC-2003-4) on file in the office of the City Clerk as Exhibit "A"; and Section 3. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. PASSED AND ADOPTED this ' day of , 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney AMENDMENT AREA ZONE BOUNDARY e29 CITY BOUNDARY Amendment of the Combined General Plan/ Zoning Mai from RS-1 to IP-PD I O N A L CITY P L ANNING EXHIBIT "AH DRN. DATE 12/3/03 INITIAL HEARING: 12/15/03 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING ETING DATE Marc' 16, 2004 AGENDA ITEM NO. _ 17 f ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (LAND USE) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION. (APPLICANT: PACIFICA COMPANIES) (CASE FILE NO. A- 2003-4) PREPARED BY DEPARTMENT EXT. Roger Post, 336-4310 Planning EXPLANATION The City Council, after conducting a public hearing on January 20 and February 17, approved a Code Amendment to allow conversion of hotels and motels to residential use at higher densities than permitted for new construction. The attached ordinance is needed to carry out this action. The City Council also adopted a General Plan Amendment concerning hotel and motel conversions and approved the proposed conversion of the Red Lion Inn to condominiums. These actions involve resolutions that are included in separate Council agenda statements. j Environmental Review xempt N/A MIS Approval r Financial Statement N/A STAFF RECOMMENDATION Adopt the attached ordinance. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. .ATTACHMENTS Listed Below 7, Resolution No, Ordinance A-200 (Rev. 7iO3) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (LAND USE) BY ADDING CHAPTER 18.77 AND CHAPTER 18.74 REGARDING CONVERSION OF HOTELS AND MOTELS TO RESIDENTIAL USE AT HIGHER DENSITIES THAN PERMITTED FOR NEW CONSTRUCTION APPLICANT: PACIFICA COMPANIES CASE FILE NOS. A-2003-4 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the General Plan of the City of National City, and for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and recommendation on such amendment; and NOW, THEREFORE, BE IT ORDAINED by the City Council of t ity of National City, California as follows: Section 1. All protests, if any, against said amendment to Title 18 of the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Title 18 of the National City Municipal Code is amended by adding Chapter 18.77 to read as follows: Sections: 18.77.010 18.77.020 18.77.030 18.77.040 18.77.050 CHAPTER 18.77 CONVERSIONS OF HOTELS AND MOTELS TO RESIDENTIAL USE Conversions of hotels and motels generally Number of dwelling units allowed Compliance with zoning regulations --Exceptions Design and aesthetics Additional conditions for conversion of hotels and motels to condominiums 18.77.010 Conversions of hotels and motels generally. A hotel or motel may be converted to a residential use, if located in a commercial zone where the residential use is permitted, with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title and subject to the provisions of this chapter. 18.77.020 Number of dwelling units allowed. The maximum number of dwelling units which may be permitted shall be limited to the number of existing motel rooms or units; or the maximum permitted for residential use in the commercial zones, pursuant to Chapter 18.140, whichever is greater. 18.77.030 Compliance with zoning regulations —Exceptions. All other provisions of this title shall be complied with. Hotels and motels converted to residential use shall comply with residential design standards specified in Section 18.14.190 of this title; however, exceptions to the design standards may be granted with the issuance of a conditional use permit. 18.77.040 Design and aesthetics. In the approval of any plans for the conversion of a hotel or motel to residential use; the planning commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property, and determine that the proposal conforms with the City's adopted Design Guidelines, unless exceptions are warranted 18.77.050 Additional conditions for' conversion of hotels and motels to condominiums. The conversion of existing hotelt or motels to condominiums, community projects, or stock cooperatives may be permitted if the conditions specified in Section 18.74.020 are satisfied, excluding subsection C. Section 3. That Title 18 of the National City Municipal Code is amended by adding Chapter 18.74, Section 18.74.021 to read as follows: 18.74.021 Conversion of hotels and motels to residential condominiums. Proposals for conversion of hotels and motels to residential condominiums shall comply with requirements of Section 18.74.020, requirements) for condominium conversions, except for Subsection C regarding notice to tenants for the right to purchase their units. In addition, proposals for conversion of hotels and motels to residential condominiums shall comply with requirements specified in Chapter 18.77 of this Title. Section 4. That the City Council finds that the amendment to the General Plan, Housing Element and Title 18 of the Municipal Code, which will provide procedures for conversion of hotels and motels to residential use at higher densities than permitted for new construction, is in the public interest and consistent with General Plan policies, since it will provide increased opportunities for home -ownership at all income levels, and case by case review will permit the City to require necessary upgrading of the existing buildings. Section 5. That the City Council further finds that the amendment will not affect the following findings made for certification of the Housing Element: 1. The updated Housing Element substantially complies with the provisions of Article 10.6 of the California Government Code, including addressing the needs of all income levels. 2. The City has met its fair share of the regional housing needs for the 1991-1999 Housing Element cycle, as determined by the San Diego Association of Governments. City and SANDAG records show that the City assisted 396 lower income households between 1991 and 1996, or more than ten times its fair share for the Housing Element cycle. 2 3. The updated Housing Element addresses the dispersion of lower income housing within the City. The Element contains housing goals, policies and programs to achieve a wide variety of housing throughout the City. This is consistent with the criterion that there be additional opportunities for affordable housing not only in areas within the City where concentrations of lower income households already exist, taking into account the availability of necessary public facilities and infrastructure. 4. No City actions or policies prevent the development of the identified sites pursuant to California Government Code Section 65583, or accommodation of the City's share of the total regional housing need, pursuant to Section 65584. As documented in the updated Housing Element, the City has sufficient vacant land for construction of housing needed for all household income levels, in accordance with estimates adopted by the San Diego Regional Association of Governments. No governmental constraints have been identified that would limit construction on the properties affordable to all household income levels. Section 6. That the City Council further finds that the amendment will provide for the potential to revitalize commercial areas, encourage improvements to existing buildings and increase the level of assessed valuation in the City to further help ensure an adequate tax base to support public programs. Section 7. That the proposed amendment to the General Plan, Housing Element, and Title 18 is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect. The amendments would allow for long-term, residential occupancy and ownership of individual units, in lieu of short-term, visitor or tourist occupancy of existing hotel suites, rather than result in new construction. The need for environmental review for specific conversions would be assessed on a case by case basis, for Specific projects. Physical changes would be associated with upgrading existing properties to facilitate the conversions. In most cases, it is anticipated that such changes would also be exempt from environmental review, as they would result in no or negligible expansion of use. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT TING DATE March 16, 2004 SECOND READING AGENDA ITEM NO. 18 /ITEM TITLE AN ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41 PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES, ADDING CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS PREPARED BY DEPARTMENT Rudolf Hradecky (EXT.4222) ` EXPLANATION Please see attached staff report. City Attorney pi Environmental Review X N/A Financial Statement There is no cost to the City. Approved BY: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed below ) Staff Report Proposed Ordinance Resolution No, A-200 l5i 9<11 STAFF REPORT ORDINANCE: AN ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41 PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES, ADDING CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS EXPLANATION: Staff recommends that the City Council adopt this ordinance which will enhance procedures for code enforcement. It has been developed with the cooperation of the Planning, Building and Safety, and Fire Departments. Section 1 of the ordinance amends section 1.36.020, to provide that building or engineering permits for correction of code violations will be time limited to a maximum of 90 days, except when the administrating department authorizes an extension. If this restriction was not in effect, a violator could prolong the remediation by doing periodic but sporadic work. The amendment remedies this anomaly. The amendment further allows for the prompt recording of a Notice of Violation against real property where serious violations exist, as soon as it is apparent that the violation cannot or will not be timely or readily corrected. The purpose is to prevent fraud on unsuspecting purchasers of real property. Section 2 adds Chapter 1.41 regarding cost recovery for code enforcement and emergency response services. The purpose is to apportion liability for costs to a responsible party as much as possible instead of the taxpayers. The chapter incorporates various state law and tort law concepts into a collated version that provides a handy reference for administering departments, mostly police and fire. It also memorializes procedures for assessing reinspection fees for subsequent inspection on code violations, when not corrected the first time —thus reinforcing concepts of voluntary compliance. Chapter 1.41 further authorizes the City Attorney to bring civil actions for restitution, based on the City's full costs for response or remediation. Sections 1.41.060 and 1.41.070 will supplement the provisions for the recordation of notices of serious code violations, and the issuance of permits for correction, and further allows for withholding of permits, except those necessary to correct code violations, if there is any indebtedness owing to the City against the affected real property. Section 3 adds Chapter 1.42, which provides for an administrative hearing process that may be used as a supplement to, or substitute for, the various types of administrative procedures that have been engrafted into the Municipal Code over the years. This Chapter offers the potential for uniformity and gaining familiarity with administrative process so as to enable and encourage City staff to be more productive. This Chapter may not be used for land use proceedings under Title 18, however. Section 4 fine tunes the administrative citation process already existent in Chapter 1.44. Under the revision, administrative citations may now be issued for non - continuing violations as well as the continuing violations. Included in this new category would be animal control violations, business licensing and stormwater violations. It would not be applicable to parking violations which are prescribed by the Vehicle Code. The procedure authorizes reinspection fees if the violation is not corrected by the due date. The revisions also clarify some of the existing procedures in order to make them more productive. 2 4 ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41 PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES, ADDING CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 1 is amended by amending Chapter 1.36, Section 1.36.020 to read as follows: 1.36.020 Abatement Procedures --Authorized. A through C — No change. D. Any building or engineering permit that is issued to correct a public nuisance violation shall not be subject to the normal six month permit duration and expiration established under sectio .08.045. An administering official may require corrective work to commence within thi 30) calendar days following permit issuance and proceed to completion ninety (90) calendar days thereafter, at which time the permit shall expire, unless extended for good cause by the appropriate administering official. The administering official shall notify all responsible parties of the deadlines for compliance. Issuance of a permit shall not bar initiation of civil or criminal enforcement proceedings against a responsible party for maintenance of the nuisance by failure to diligently correct the violation. E. A Notice of Public Nuisance should be promptly recorded against real property on which a serious public nuisance exists in order to prevent interim transfer to an unsuspecting purchaser and interference with the abatement process. Recordation should occur as soon as it is evident that the violation cannot or will not be timely or readily corrected. Sale or transfer shall neither extinguish the liability of the transferor responsible for the public nuisance nor any pending enforcement action against that violator, and any transferee, upon notice or later notification, shall become jointly responsible for abatement of the violation against that property. Without limiting the applicability of this subsection, a public nuisance is considered serious when it affects the fire and life safety or structural or habitability condition of a building or violates excavation or land grading requirements. follows: Section 2. That Title 1 is amended by adding Chapter 1.41 to read as Chapter 1.41 COST RECOVERY FOR CODE ENFORCEMENT AND EMERGENCY RESPONSE SERVICES Sections: 1.41.010 Purpose and intent 1.41.020 Administration 1.41.030 Definitions 1.41.040 Emergency response cost recovery 1.41.050 Cost recovery for reinspection services for code enforcement and public nuisance abatement on real property 1.41.060 Recordation and release of notices of violation 1.41.070 Withholding of licenses or permits for indebtedness to city related to use of property 1.41.080 Collection 1.41.090 Effect of criminal or civil proceedings on cost recovery or permit issuance 1.41.010 Purpose and Intent. The City of National City provides services to the community funded through the General Fund by tax revenues. Reimbursement may be sought for the increased costs of providing such services, whenever practicable, from parties who, by reason of neglect or malfeasance, cause incidents requiring polie, fire and rescue services, or cause increased costs to the city for gaining compliancg with municipal ordinances. . Cost recovery is a mechanism whereby these costs may be levied upon responsible parties, rather than the taxpayers of National City. To accomplish this, the City of National City hereby establishes an omnibus cost recovery procedure in this chapter. 1.41.020 Administration. The administration of this chapter is under the direction of the city manager and, by delegation, the finance director. Each department director is responsible for tracking costs associated with cost recovery for matters under their respective cognizance and forwarding cost recovery invoices to the finance director. The procedures set out in this chapter should be followed, as appropriate, without further council direction. 1.41.030 Definitions. A. "Expense of an emergency response" means the costs incurred by the City of National City in making an appropriate emergency response to an incident defined in Section 1.41.040. It consists of all costs directly arising because of the particular incident, including, but not limited to the actual costs of providing police, firefighting, hazardous material management, rescue and emergency medical services at the scene of the incident, as well as the actual salaries and fringe benefits of the personnel responding to the incident. Recoverable costs also include the actual costs for damage or destruction to City of National City property, any utility or service charges to the city from other public agencies resulting from the incident, and the actual cost of medical treatment for any city personnel injured during the response. B. "Intentionally wrongful conduct" means conduct intended to injure another person or property. C. The term "responsible party" or "responsible person" within Chapter 1.41 means any person: 1) who, by law is liable or made responsible for the payment to a governmental agency of its costs and expenses in providing police, fire, rescue and related emergency services; 2) whose negligent or intentionally wrongful conduct proximately causes an incident affecting public health or safety which necessitates an emergency response or rescue effort by a governmental agency to deal with or prevent injury to persons or damage to property; 3) any person who is indebted to the city by virtue of a duty, charge, tax or revenue imposed by law or ordinance; and, 4), any person defined in section 1.36.010 . If a responsible party is a minor, the parent or guardian of that minor shall be jointly and severally liable with the minor for the expense of an emergency response, as allowed by law. D. The term "actual cost(s)" includes applicable city charges for personnel salaries and overhead costs as contained in the National City Fee Schedule. 1.41.040 Emergency response cost recovery. A. Cost Recovery to recover the actual expenses of an emergency response or personnel injury from a responsible party may be initiated under the following situations: 1. Pursuant to Government Code Sections 53150, et seq., each person who is under the influence of an alcoholic beverage or any drug, or their combined influence, and whose negligent operation of a motor vehicle, boat, vessel, or aircraft caused by that influence proximately causes any incident resulting in an emergency response, or whose intentionally wrongful conduct proximately causes any incident resulting in an emergency response shall be liable to the city for the expense of that emergency response, not to exceed one thousand dollars ($1000.00) pursuant to Government Code section 53155, or any higher amount as may from time to time be established by law. 2. The expense of an emergency response for the containment, confinement and/or mitigation of a hazardous substance or materiel release or threat pursuant to Health and Safety Code Section 13009.6. 3. The expense of an emergency response for fire suppression activity from a responsible party for the intentional setting of fire or the spread of fire to adjoining properties, or for fire suppression costs on occupied or mortgaged property against which a current, uncorrected notice of violation of a fire hazard has been issued pursuant to Health and Safety Code Sections 13009 and 13009.1. 4. The costs of second and subsequent police responses pursuant to Chapter 10.46 from responsible parties for organizing and failing to maintain an orderly event on private property in compliance with law. / 5. The expense of an emergency response for the rescue or medical treatment, or both, of persons placed in jeopardy or injured by the negligence or intentionally wrongful conduct of a responsible party. 6. The expenses for injury to public safety personnel authorized pursuant to Civil Code section 1714.9 or Labor Code section 3852, or for damage to public property. Any limitation on liability under Government Code Section 53155 noted in subsection Al shall not apply to any separate recovery for damage to public property or injury to city personnel which was directly or proximately caused by the acts or omissions of a responsible party. 3 B. The director of finance shall charge the expense of an emergency response to each responsible party based on cost data submitted by a department director. The charge constitutes a debt to the City of National. City, and may be collected by the City in the same manner as in the case of an obligation to a municipality under a contract, expressed or implied. 1.41.050 Cost recovery for reinspection services for code enforcement and public nuisance abatement on real property. A. Reinspection fees may be assessed as follows: 1. Reinspection fees may be charged to a responsible party for each subsequent reinspection and all succeeding reinspections for code violations which are not brought into compliance by the first regularly scheduled inspection after a notice of violation or administrative citation is issued by any building inspector, fire inspector or code compliance officer. Reinspection fees shall not be charged when the violation is brought into compliance prior to the first regularly scheduled inspection, or any authorized extension of that first inspection. 2. The initial notice of violation or administrative citation shall advise each responsible party that reinspection fees may be charged for each subsequent reinspection if the violation is not corrected prior to the first regularly scheduled inspection following issuance of the notice of violation or administrative citation. 3. Reinspection fees shall be based upon the average hourly salary rate and overhead for inspection services, computed on a one hour minimum charge for each reinspection. Reinspection fees may be posted in the National City Fee Schet 4. Depend, f on the seriousness of the violation, a minimum prod for compliance may be prescribed and allowed, for the first inspection following issuance of the notice of violation or administrative citation. Except for building code violations or conditions affecting immediate fire and life safety, the correction period shall not be less than ten (10) days, nor exceed thirty (30) days:' Building code violations shall allow for a thirty (30) day correction period. Conditions affecting immediate fire or life safety concerns may require an immediate shutdown of the premises, or the affected portion if feasible, until correction is made, coupled with a defined period for compliance and reinspection, not to exceed thirty (30) days. 5. Payment of reinspection fees shall not bar any criminal, civil or administrative action or penalty applicable to the violation. B. The city attorney is authorized tq seek restitution from responsible parties against whom civil, criminal, or administrative action is initiated for public nuisance abatement. Restitution shall be based on the full, direct costs of abatement services, and the average hourly salary rates and overhead of all enforcement personnel involved in the abatement process, as reflected in the National City Fee Schedule. Direct costs shall also include costs for legal services, based on actual billings for legal services or, when performed by the city attorney, the charges for comparable, customary hourly attorney fees charged in San Diego County. C. Upon prior notice to a responsible party, cost recovery for the full costs of abatement of a public nuisance may also be accomplished through an assessment lien adopted by resolution of the city council and filed with the county assessor against the real property interests of thatresponsible party. 4 1.41.060 Recordation and release of notices of violation. A. After the issuance of a notice of violation or administrative citation affecting the use or occupancy of real property, a notice of violation may be recorded with the county recorder as an existing public nuisance against that property in the real property records of the County of San Diego as soon as it is determined that compliance is not forthcoming, or that the condition is serious enough to warrant immediate action. Normally, recordation should not precede the date of the first inspection set out in the notice of violation or administrative citation, except for serious violations. Without limiting the applicability of this subsection, a public nuisance may be considered serious when it affects the fire and life safety or structural or habitability condition of a building or violates excavation or land grading requirements. The property owner shall be given ten (10) calendar days advance notice of the intention to record and an opportunity to show why the recordation of the violation should not be made, before the violation may be recorded against that owners property interest. Unless successfully protested, the violation shall thereafter be promptly recorded. Procedures for any requested hearing and related action are outlined in Chapter 1.42. B. Once the violation against the property is corrected and any costs of abatement have been recovered, the city manager or designate shall promptly execute a Notice of Correction releasing the prior public nuisance recordation and deliver it to the property owner for recording. No fee shall be charged for issuing the release, nor shall the city be responsible for recording the release. 1.41.070 Withholding of licenses or permits for indebtedness to city related to use of property. A. Except for those permits necessary to correct code violations, any business or residential rental tax license, development permit or building permit y be withheld or final inspection be postponed until payment to the city of any indebted ;°a s for delinquent taxes, fees or sewer charges applicable to the use of the property for which the indebtedness was incurred. Processing may continue after all delinquencies are paid or a written agreement is executed with the finance director to pay the delinquencies and any interest and penalties due in monthly installments, or more often, over a periodnot to exceed one year. B. The execution of an agreement under subsection A shall not excuse previously accrued penalties or interest against the account, but additional penalties or interest may not accrue on amounts included in the agreement while the debtor is not in breach of the agreement. If, however, a default in payment occurs, then the additional penalties and interest may reattach back to the date of execution of the agreement and shall become due and payable; any permit that was issued in reliance on the agreement shall be suspended or revoked pending full payment of the indebtedness, except to the extent necessary to allow correction of existing violations. 1.41.080 Collection. A. Whenever charges for cost recovery are not paid within a reasonable time following demand, the Director of Finance and the City Attorney, as applicable, are authorized to prosecute the claim to judgment in an appropriate court with jurisdiction and to take any other action appropriate for collection without further direction from the City council after demand has been refused. The Council shall be notified when litigation is initiated. 5 B. The city attorney is authorized to collect any amounts due by civil or administrative action, or both, together with all costs incurred in the collection of that indebtedness after demand for payment has been refused. Costs for legal services shall be based on actual billings for legal services or, when performed by the City Attorney, the charges for comparable and customary hourly attorney fees charged in San Diego County. C. Recovery of costs for emergency response is in addition to any separate right of the City to recover costs and damages from a responsible party whose negligence or wrongful conduct causes damage or injury to public property or personnel, or both, pursuant to Civil Code sectiol 1714.9 or Labor Code section 3852. D. Cost recovery may also be initiated by means of an assessment lien adopted by the City Council upon prior notice to a responsible party for the costs of nuisance abatement or the amount of an admini4trative citation or administrative penalty issued against or pertaining to the real property which is the subject of the associated enforcement action. 1.41.090 Effect of criminal or civil proceedings on cost recovery or permit issuance. The initiation of administrative or civil1proceedings for cost recovery does not bar the criminal prosecution of a responsible party for the associated violation. Similarly, criminal prosecution does not bar administrative or civil collection for cost recovery for the violation giving rise to the criminal prosecution. The existence of an issued permit shall not bar civil or criminal enforcement proceedings When corrective work under that permit is not proceeding diligently to mpletion. Section 3. That Title 1 is amended, by adding chapter 1.42 to read as follows: CHAPTER 1.42 ADMINISTRATIVE HEARING PROCEDURE AND PROCESS Sections: 1.42.010 1.42.020 1.42.030 1.42.040 Purpose and intent Administrative process Service of notices or orders Administrative hearing procedure 1.42.010 Purpose and intent. These procedures may be used to supplement or substitute for any administrative hearing or hearing procedure prescribed elsewhere in this Municipal Code, except those required under Title 18 for land use hearings and appeals. The requirements and procedures of this Chapter are applicable to administrative procedures and hearings regarding the denial, modification, suspension or revocation of a permit, license or entitlement. The procedures under this Chapter 1.42 may be used to substitute for administrative hearing procedures that are prescribed for the 6 abatement of a public nuisance, the imposition of an administrative fine or penalty, or an administrative appeals procedure. Except for proceedings under Title 18, this authority includes, but is not limited to, the procedures set forth in Chapters 1.36, 1.41, 1.44, 1.48, 6.04, 7.32, 8.16, 10.70 or Title 15 of the Municipal Code. The procedures of this chapter 1.40 shall not displace any requirement in those chapters regarding the deposit of any fine or penalty prescribed as a precondition of the administrative review process. 1.40.020 Administrative process. A. Notice pursuant to Section 1.42.030 shall be served upon any responsible party or any party whose permit, license or entitlement has been denied or is to be suspended or revoked, or against whom nuisance abatement action, administrative citation or administrative penalty action is proposed. The party shall be allowed ten (10) calendar days after notification to request an administrative hearing to appeal or contest -the proposed action before it will become final. Unless waived by the city manager, the deposit of any fines or penalties is required. The proposed action or order by the City manager, department director or designate becomes final and conclusive if not appealed or contested within that time. B. Except for actions affecting immediate fire and life safety concerns, the proposed action or order shall be stayed only for the duration of any time allotted for requesting an appeal, and, if appealed, shall be stayed until the review by the city manager of a decision by a hearing examiner pursuant to Section 1.42.020F. Conditions affecting immediate fire and life safety may be summarily abated by city or contract forces, but only to the extent that the action taken is limited to removing only that condition or portion thereof that affects or constitutes an immediate fire or life safety concern. Other aspects of the nuisance co lion that are not of an immediate concern shall be subject to due course abatement procg. C. Upon the filing of a request for a hearing or appeal, the City manager or department director may appoint a hearing examiner who shall be neutral and unbiased as to the matter in contention. The hearing examiner may be appointed from city staff or from outside sources. Experience in the general subject matter of the appeal is desirable, but is not a prerequisite. D. The hearing examiner shall notify the appellant of the time and place for the hearing in accordance with Section 1.42.030, allowing a minimum of ten (10) calendar days before the hearing is to be held. E. The hearing examiner shall conduct the administrative hearing in accordance with Section 1.42.040. Written findings affirming or denying the action appealed from shall be issued within fifteen (.15) calendar days after the conclusion of the hearing to all parties, unless the appeal or request for hearing is withdrawn by the requesting party. The hearing examiner may recommend conditions and deadlines for corrective action and may further recommend modification of the action below, or reduction, waiver or conditional suspension of any fines or penalties proposed, when, based upon the evidence, the hearing examiner concludes that such action is most likely to bring about compliance with the proposed order. The findings or recommendations may not contradictt any provision of law or this Municipal Code. F. The hearing examiner's decision shall be based upon findings supported by substantial evidence. Substantial evidence is established when the weight of the evidence supporting the existence of a fact or event in contention has the more convincing force, when balanced against the evidence opposing the existence of the same fact or event in contention. 7 G. Except where a hearing examiner's findings are contrary to the evidence, law or procedure, a final order shall be issued by the City manager approving the hearing examiner's findings governing the proposed action. The city manager may disapprove or modify the examiner's findings and recommendations and issue a final order that is consistent with the evidence, law or procedure. H. The date of mailing of the final order by the city manager to the party by first class mail, with certificate of service attached, shall constitute the date of exhaustion of administrative remedy. The final order shall advise the party that it has ninety (90) calendar days from that date pursuant to Code of Civil Procedure Section 1094.6 to file for a writ of mandamus or other applicable judicial review in Superior Court, twenty (20) calendar days pursuant to Government Code Section 53069.4 if the decision imposes an administrative penalty, fine or charge under Chapters 1.44 or 1.48, or five (5) days following a vicious dog determination under Food and Agricultural Code section 31622. Until a timely request for judicial review is filed, enforcement of the final order shall proceed in due course. I. A party may request a transcript, if prepared, or be provided a copy of any tape recording of the proceedings, if made, upon payment of the costs of preparation or duplication. 1.42.030 Service of notices or orders. A. Except as provided in Section 1.42.030D, any notice required to be given under the Municipal Code for the enforcement of a proposed order or for hearing or appeal purposes may be served upon the responsible party by any of the following methods, and a proof of service be kept in the file: 1. Personal service; or 2. Delivery by certified mail, postage prepaid, return receipt requested. Simultaneously, a duplicate notice shall be sent by regular first-class mail, postage prepaid, with return address on the outside envelope. If the notice sent by certified mail is returned unsigned, refused or marked as undeliverable, service shall be deemed effective pursuant to service of the duplicate notice sent by regular mail, provided that the duplicate notice sent by regular mail was also not returned as undeliverable. The notice shall advise the party that receipt of either notification constitutes service. Notice shall be mailed to the last address shown on the County Tax Assessor's records if the notice concerns real property, and to the last known address of a party to other proceedings as shown in official records of the City of National City; or 3. Posting the notice or order conspicuously on or in front of the property, together with delivery of the notice or order by first-class mail, postage prepaid, to the party and a copy of the notice or order being left with any adult resident at the property. B. Posting of a notice or service by certified mail and duplicate service by regular mail described in subsection A2 or A3 above shall be effective ten (10) calendar days after mailing or posting. Personal service is effective upon service. C. The service of an initial notice of violation need only be sent by regular mail. The above procedures are not required, but may be used when appropriate circumstances so indicate. Service of a notice of violation by regular mail is effective on the date of mailing. 8 D. Service of notice through which a lien will be placed upon real property by City council action will be in accordance with Code of Civil Procedure Sections 415.10, 415.20, 415.30, or Section 415.40 if the responsible party resides out of state. E. Proof of service of any notice required by this Code may be made by certificate or affidavit of an officer or employee of this City or by affidavit of any person over the age of eighteen years. The proof of service shall show that service was done in conformity with this Code and any other provisions of law applicable to the subject matter concerned. F. The failure of any party or person with an interest in the property or the proceeding to actually receive any notice served in accordance with this section 1.42.030 shall not affect the validity of any proceedings taken under this chapter. 1.42.040 Administrative hearing procedure. An administrative hearing before a hearing examiner should be conducted substantially in accordance with the following procedures: A. The hearing examiner shall control the proceedings, take witness testimony under oath or affirmation, and determine the weight and credibility of the evidence and testimony. The hearing should be conducted in a civil, prompt and businesslike manner. Disruptive behavior shall not be allowed, and an abusive or disorderly party may forfeit the right to be present during any part of the proceedings when, after appropriate warning, the behavior persists. B. Each party shall have the following rights: to be present throughout the proceeding; to be represented by legal counsel or other representative; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in direct examination; to impeach a witness; and to testify in his or her own behalf. A party may be called as a witness by the other party and be examined as if under cross-examination. C. Except as noted in this subsection, the formal rules of evidence and procedure shall not apply to the hearing. Any relevant evidence may be admissible if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but may not be sufficient by itself to support a finding unless it would also be admissible over objection in civil actions. Irrelevant and unduly repetitious evidence should be excluded, and collateral or irrelevant inquiry may be limited by the hearing examiner. D. The hearing examiner may require the proponent of testimony to be offered by a witness who does not speak the English language proficiently to provide an interpreter. The hearing examiner shall determine whether the interpreter is proficient in the English language and the language in which the witness will testify. The payment of costs for an interpreter is upon the party providing the interpreter. E. The proponent for a department director may call witnesses and may introduce into evidence an administrative record which clearly demonstrates: a) The condition(s), act(s) or omission(s) upon which the proposed action is based or which establishes the responsibility of the party for the act or event; b) the regulatory authority for the proposed action; c) technical or factual data supporting the proposed action; and, d) any other information or data relevant to the proposed action. An administrative record certified by a director which meets these criteria may constitute prima fade evidence in 9 support of the proposed action. The burden of going forward may then shift to the opposing party, who may then cross-examine on the basis of the administrative record and call witnesses appropriate to aid in its examination of the administrative record. The opposing party and the director may call any additional witnesses and introduce any additional evidence appropriate for opposition, defense, excusal or mitigation of the proposed action. F. The hearing may be continued from time to time upon request of a party to the hearing upon a showing of good cause. G. Failure of a responsible party or applicant to appear at a scheduled hearing shall constitute a waiver of the hearing by that party and shall result in a denial of the relief sought. That determination shall be administratively final and conclusive, and shall constitute the failure to exhaust administrative remedy on the part of the responsible party or applicant. H. Failure to follow the procedures outlined above shall not invalidate the proceedings, findings or recommendations of the hearing examiner, unless the omission constitutes a denial of administrative due process, in which case a new administrative hearing may be ordered by the city manager before another hearing examiner. I. Appeal proceedings under chapter 1.44 to contest an administrative citation may proceed as informally as necessary to ensure a fair hearing. The above procedures may be used to supplement the informal proceedings prescribed in that chapter. Section 4. That chapter 1.44 is amended by amending sections 1.44.010, 1.44.030, 1.44.040 f 44.070, 1.44.0,80, 1.44.100, 1.44.110 and 1.44.120 to read as follows: 1.44.010 Applicability. A. No Change B. The administrative citations process set forth in this chapter may be utilized for compliance efforts to correct noncontinuing or continuing violations of this code, such as those that pertain to licensing, animal control,and minor building, plumbing, electrical, mechanical, fire, grading or zoning violations, subject to the provisions of Section 1.44.030D. C. No Change. 1.44.030 Administrative citation. A. No Change B. An administrative citation should provide the following information, whenever possible: 1. The date of the violation; 2. The identity of the responsible person (owner, tenant, etc.), if 3. The address or a definite description of the location where the violation occurred; 4. The section of this code violated and a description of the violation;. 5. The amount of the fine for the code violation; 6. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid; available; 10 7. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation; 8. A description of the administrative citation review process, including the time within which the administrative citation may be contested and directions on how to contest the administrative citation; 9. A statement that the property will be reinspected for compliance, and reinspection fees charged for each reinspection thereafter; and 10. The name and signature of the citing enforcement officer. The signature of the responsible party may be requested, but is not necessary. If refused, the issuing officer may note this fact. C. No change. D. The following procedures will apply in issuing administrative citations for minor code violations of a continuing nature, such as building, plumbing, mechanical, grading, zoning, fire or electrical code: 1. First, a notice of violation shall be issued allowing a minimum period for voluntary compliance and reinspection at no charge for the particular violation(s). Except for building code violations or conditions affecting immediate fire and life safety; the correction period should not be less than ten (10) days, nor exceed thirty (30) days. Building code violations shall allow for a thirty (30) day correction period. If conditions affecting immediate fire or life safety concerns require an immediate shutdown of the premises or any affected portion if feasible until correction is made, the citation shall establish a defined period for compliance and reinspection, not to exceed thirty (30) days. However, under this circumstance, a separate order to stop work or vacate the premises may be required. 2. If, upon reinspection, voluntary compliance is not obtained aiid the condition(s) not satisfactorily corrected, an administrative citation may then be issued which addresses all remaining violations collectively, imposes a fine, and establishes a further date for compliance and reinspection. A maximum of fifteen days may be allowed. Reinspection fees are chargeable at this point. 3. A second or subsequent administrative citation may be issued and a further fine and reinspection fee be imposed if, upon subsequent reinspection, compliance has not been obtained for the particular violation(s) cited under a preceding administrative citation. 4. If compliance is obtained after an administrative citation is issued and the same or similar violation occurs again, an administrative citation and assessment of the penalty applicable to a second or repeat violation may be issued instead. E. An administrative citation may be used for code violations that are not of a continuing nature but may be characterized as a single event or occurrence, such as animal control violations, dumping, pollution or littering, without prior issuance of a notice of violation where the issuing officer concludes that enforcement action, rather than a verbal warning, is warranted. 1.44.040 Method of service. A. The administrative citation and all notices required to be given under this chapter shall be served on each responsible party charged in the citation by any of the following methods: 11 1. Personal service; or 2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be signed and sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or 3. Posting the notice conspicuously on or in front of the property, and mailing a copy to the property owner, or other responsible party. B. Service by certified and regular mait'in the manner described above shall be effective on the date of mailing. Service by mail shall be to the responsible party's address as indicated on the current assessment roll of the San Diego County assessor. C. No change. 1.44.070 Hearing request. A. Any recipient of an administrative citation may contest the citation on the grounds that there was not a violation of the code or that he or she is not the responsible person by requesting a hearing with the city department specified on the administrative citation within thirty days from the date of the administrative citation, together with an advance dposit of the fine. B. The request for hearing may be made via the administrative citation form in the space provided for such action. C. The person requesting the hearing shall be notified by the department of the time and place set for the hearing at least ten days prior to the date of the hearing. D. If the enforce ` t officer submits an additional written report concerning the administrative citation to hearing officer for consideration at the hearing, then a copy of this report shall be served on the person requesting the hearing at least five days prior to the date of the hearing. 1.44.080 Hearing officer. The city manager or the director of the issuing department shall designate a hearing officer for the administrative citation hearing. 1.44.100 Hearing officer's decision. A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing offr'cer shall be administratively final, and constitutes the exhaustion of administrative remedy. Unless appealed to the Superior Court as provided by statute (see section 1.44.120), the fine and any reinspection fee imposed by the administrative citation is final. B through E -- No change. 1.44.110 Recovery of administrative citation fines and costs. Any past due administrative citation fine or late payment charge may be collected by any available legal means. The finance director is primarily responsible for collecting fines and reinspection fees. The city attorney is authorized to file civil process before the Superior Court to enforce collection. 12 1.44.120 Right to judicial review. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal to be heard with the San Diego County superior court within twenty (20) days upon payment of the filing fee in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. Unless appealed within that time, the fine is final. PASSED AND ADOPTED this day of , 2004. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill, City Attorney Nick Inzunza, Mayor 13 REGIONAL TRAINING CENTER April, 2004 CLASS SCHEDULE To register for a class, call the RTC at 858 550-0040 or register on-line at www.sdrtc.com Effective Presentation Skills April 1, 2004 (DATE CHANGE) This class will take you to the next level in your ability to prepare and deliver effective presentations. You will have several opportunities to speak to the group, and receive professional feedback focusing on both vocal and physical behaviors while speaking. This is your chance to fine-tune your skills in speaking to a group and learn how to enhance audience receptivity. See the RTC catalog, p. 11 for more details. Tuition: $135; Instructor: Judy Kaplan Baron Conducting Organizational Performance Audits April 1.-2, 2004 / This class will teach you specific tools to identify cost containment and revenue enhancement opportunities through the redefining of the organization and operation. Proven techniques of management review, approach and methodology will be taught by a former CAO. See RTC website or catalog, pg. 6 for details. Tuition: $235; Instructor: John McIntyre Building Teams and Teamwork April 22-23, 2004 Building teams and teamwork is a critical skill for public agencies. This workshop will provide insights on how to develop a team focus, how to share power with team members to achieve maximum results, how to confront and resolve interpersonal issues, and how to create new, exceptional ways of working together. See the RTC website or catalog, pg. 6 for details. Tuition: $235; Instructor: Larry Marion Supervision: Making the Successful Transition April 23, 2004 If you have recently promoted to supervisor, this class is for you. The focus is on the skills you will need to be successful and tips for avoiding first-time supervisor mistakes. You will be able to immediately apply the skills you learn in this workshop to enhance your effectiveness as a supervisor and to increase your confidence. See RTC catalog, pg. 9 for details. Tuition: $135; Instructor: Jan Zaragoza Project Management April 29-30, 2004 (NEW DATE) T 9i Learn the techniques to successfully manage projects in your agency. You will become familiar with widely used methods to set objectives, generate project work plans and oversee the day to day process of project management. See the RTC catalog, pg. 12 for details. Tuition: $235; Instructor: John Maclntyre Please visit our website at www.sdrtc.com for catalog or to register on-line May 4 May 6 May 6-7 May 11 May 19 May 20 PREVIEW OF MA F CLASSES Positioning Yourself for Promotion How to Succeed in Promotional Interviews Continuous Improvement Workshop Managing Stress in the Workplace Basic Grammar Advanced Grammar Please visit our website at www.sdrtc.com for catalog or to register on-line